Order and Procedures for Changing Working Hours at Border Gates

This is the content specified in Circular 09/2016/TT-BQP and amended by Circular 44/2018/TT-BQP issued on March 24, 2018.

To be specific, according to Clause 3, Article 1 of Circular 44/2018/TT-BQP amending and supplementing Article 16 of Circular 09/2016/TT-BQP, the procedures for changing working hours at border gates and openings; opening border gates and openings outside working hours during the day are regulated as follows:

* Changing working hours at international border gates and main border gates (bilateral border gates)

- The Provincial People's Committee with international border gates or main border gates (bilateral border gates) coordinates with the provincial authorities of the neighboring country sharing the border to agree on the changes in working hours at the border gate;- Based on the agreement with the provincial authorities of the neighboring country sharing the border, the Provincial People's Committee reports to the Government of Vietnam through the Ministry of National Defense (Border Guard Command);- The Ministry of National Defense seeks opinions from the Ministries of Foreign Affairs, Public Security, Finance, Industry and Trade, Health, Agriculture and Rural Development, and Transport on the changes in working hours at international border gates and main border gates (bilateral border gates);- The Ministry of National Defense compiles the opinions from the Ministries as stated in Point c of this Clause and reports to the Government of Vietnam for a decision;- After the decision of the Government of Vietnam, the Ministry of National Defense informs the Ministry of Foreign Affairs to come to an agreement with the neighboring country sharing the border;- Based on the agreement with the neighboring country sharing the border, the Ministry of National Defense informs the relevant Ministries, sectors, and the Provincial People's Committee to coordinate with the provincial authorities of the neighboring country sharing the border for implementation.

* Changing working hours at secondary border gates and land border openings

- The Provincial People's Committee with secondary border gates or land border openings seeks the opinions of the Ministry of National Defense and the Ministry of Finance to agree on the changes in working hours at secondary border gates and land border openings;- After obtaining the agreement of the Ministry of National Defense and the Ministry of Finance, the Provincial People's Committee with secondary border gates or land border openings coordinates and agrees with the provincial authorities of the neighboring country sharing the border on the changes in working hours at secondary border gates and land border openings;- Based on the agreement with the provincial authorities of the neighboring country sharing the border on the changes in working hours at secondary border gates and land border openings, the Provincial People's Committee informs the Ministry of National Defense and the Ministry of Finance, while directing the Border Guard Command, Customs Department, Department of Health, Department of Agriculture and Rural Development, Border Gate Management Board, and district-level People's Committees with secondary border gates or land border openings to implement.

* Opening border gates and land border openings outside working hours during the day for emergencies related to national defense, security, natural disasters, fires, rescue, arresting criminals, or other force majeure reasons

- The Commanding Officer of the Provincial Border Guard Command agrees with the competent authorities of the neighboring country sharing the border on the opening of border gates and land border openings outside working hours during the day; promptly reports to the Provincial People's Committee and the Border Guard Command;- After agreeing with the competent authorities of the neighboring country sharing the border, the Commanding Officer of the Provincial Border Guard Command directs the Border Guard Station Chief to open the border gates and land border openings outside working hours during the day;

Based on the situation and nature of the incident, the Border Guard Station Chief informs the specialized state management agencies at the border gates and land border openings for coordination in implementation.

- When the situation returns to normal, the Commanding Officer of the Provincial Border Guard Command promptly reports to the Provincial People's Committee and the Border Guard Command; simultaneously informs the competent authorities of the neighboring country sharing the border and directs the Border Guard Station Chief to cooperate with the specialized state management agencies at the border gates and land border openings and the border gate management authorities of the neighboring country to maintain the working hours at the border gates and land border openings as regulated.

For more details, see: Circular 44/2018/TT-BQP effective May 10, 2018.

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