Decree No. 02/1998/NĐ-CP detailing the implementation of certain provisions of the Border Guard Ordinance.

DECREE OF THE GOVERNMENT

Regulations on the detailed implementation of certain provisions of the Border Guard Ordinance

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the Border Guard Ordinance dated March 28, 1997;

At the proposal of the Minister of National Defense,

DECREE:

PART I
ORGANIZATION OF THE BORDER GUARD

Article 1. The Border Guard is organized and commanded uniformly from the central level to grassroots units, under the management and command of the Ministry of National Defense, including:

1. The Border Guard Command directly subordinate to the Ministry of National Defense;

2. The Provincial Border Guard Commands in provinces and centrally-administered cities with borders and coastlines (hereinafter referred to collectively as Provincial Border Guard Commands), and the Coast Guard Squadron directly subordinate to the Border Guard Command;

3. Border Guard Posts, Coast Guard Squadrons, mobile units, and border districts (if any) directly subordinate to the Provincial Border Guard Commands.

Article 2.

1. The Border Guard Command has a Commander, Deputy Commanders, assisting agencies, schools, and subordinate units.

The Border Guard Command is directly managed and commanded by the Minister of National Defense regarding border defense work and building the Border Guard throughout the country;

2. The Provincial Border Guard Command and the Coast Guard Squadron have a Commander, Deputy Commanders, assisting agencies, and subordinate units;

The Provincial Border Guard Command and the Coast Guard Squadron are directly managed and commanded by the Border Guard Commander regarding border defense work and unit building;

3. Border Guard Posts, Coast Guard Squadrons, mobile units, and border districts have a senior commander and deputy commanders.

Article 3. The organizational structure, staffing, equipment, and specific tasks of agencies, units, and schools under the Border Guard are prescribed by the Minister of National Defense.

Article 4. To ensure unified command in executing military tasks, the Provincial Border Guard Command and the Coast Guard Squadron are subject to the command of the Military Region Commander, the Provincial Military Command Chief, and the Naval Zone Command Chief regarding defensive and combat operations.

AT The Military Region has a Border Guard Office responsible for advising the Military Region Commander on commanding and directing the Border Guard to perform military training tasks and utilizing Border Guard forces in defensive and combat operations within the Military Region's area of responsibility.

The relationship and coordination between the Border Guard Command and the Military Region Command, the Navy Command, and between the Provincial Border Guard Command, the Coast Guard Squadron and the Provincial Military Command, the Naval Zone Command are prescribed by the Minister of National Defense.

PART II
POWERS TO RESTRICT AND SUSPEND ACTIVITIES
IN BORDER ZONES, CROSSING THE BORDER, AND IMPLEMENTATION OF RELATIONS AND COORDINATION WITH BORDER GUARD FORCES,
LOCAL AUTHORITIES OF ADJACENT COUNTRIES BY THE BORDER GUARD

The powers of the Border Guard to decide to restrict or suspend activities, and to restrict or suspend crossing the border in cases where there is a threat to national border sovereignty and security, enemy infiltration, causing riots, pursuing dangerous criminals, ensuring the safety of citizens' lives, and preventing the spread of diseases across the border are specified as follows:

Article 5. 1. Powers to decide to restrict or suspend activities in border areas:

a) The Border Guard Post Commander may decide to restrict or suspend activities directly related to the aforementioned cases for no more than 12 hours within the border belt under their jurisdiction and must report to the Provincial Border Guard Command Chief; at the same time, they must notify the local authorities of the county and commune where the border belt is located and relevant agencies in the border area.

b) The Provincial Border Guard Command Chief may decide to restrict or suspend activities directly related to the aforementioned cases for no more than 24 hours within the border area under provincial management and must immediately report to the Provincial People's Committee and the Border Guard Command, while also notifying the relevant agencies in the border area.

2. Powers to decide to restrict or suspend crossing the border:

a) At secondary border gates or temporary crossing points, the Border Guard Post Commander may decide to restrict or suspend crossing for no more than 6 hours; the Provincial Border Guard Command Chief may decide to restrict or suspend crossing for no more than 12 hours and must immediately report to the County and Provincial People's Committees and the Border Guard Command, while also notifying the Border Guard Post and the local authorities of the adjacent country.

b) At main border gates opened by agreements between the two governments, excluding those for third-country nationals, the Provincial Border Guard Command Chief may decide to restrict or suspend crossing for no more than 6 hours and must immediately report to the Provincial People's Committee and the Border Guard Command, while also notifying the Border Guard Post and the local authorities of the adjacent country.

3. Before the time limit for the decision to restrict or suspend crossing the border by a lower-level authority expires, if it is deemed necessary to continue restricting or suspending, the immediate superior authority must issue a decision; and must inform relevant agencies and the public to implement it, while also informing the Ministry of Foreign Affairs to coordinate in handling the situation;

4. Those authorized to make decisions as stipulated in Clause 1, 2, and 3 of this Article shall be responsible under the law for their decisions. When the situation returns to normal, the authority issuing the decision to restrict or suspend must inform relevant agencies and the public.

5. Restrictions or suspensions of activities at international border gates are decided by the Prime Minister.

Relations and coordination between the Vietnam Border Guard and border guard forces and local authorities of adjacent countries in implementing international treaties on borders, building peaceful and friendly borders, and combating any actions that harm border relations between neighboring countries are specified as follows:

Article 6. 1. The Border Guard Post Commander may engage with border guard forces and local authorities in adjacent border areas and participate in negotiation delegations designated by competent authorities;

1. The border guard post commander shall relate to the border protection forces, local authorities in the adjacent country's border area, and participate in negotiation delegations designated by the competent authority;

2. The Commander of the Provincial Border Guard Command shall relate to border guard forces, provincial authorities at border areas, and participate in provincial-level negotiation delegations concerning issues related to national borders;

3. The Border Guard Force Commander shall relate to the border guard force of the adjacent country and participate in negotiation delegations as designated by the Minister of National Defense or the Prime Minister.

CHAPTER III
COOPERATION IN THE IMPLEMENTATION OF BORDER GUARD TASKS

Article 7. The Ministry of National Defense shall take the lead in coordinating with relevant ministries and sectors in managing and protecting national sovereignty, territorial integrity, security, and order along the national land border, islands, maritime zones, and border gates.

Article 8.

1. The Ministry of Foreign Affairs shall coordinate with the Ministry of National Defense to guide and train foreign affairs skills for the Border Guard Force to perform border foreign affairs tasks, resolve cases involving foreigners, and implement international treaties on borders that Vietnam has signed or joined;

2. The Government Border Committee shall be responsible for guiding laws and international treaties on managing and protecting the national border line and the system of national boundary markers for the Border Guard Force;

3. The Ministry of Home Affairs shall guide the Border Guard Force in performing national security protection tasks, social order, and safety in border areas.

Article 9. Provincial People's Committees CEach level, based on the tasks and powers prescribed by law and directives from the Ministry of National Defense, shall be responsible for directing the implementation of border management and protection tasks and the construction of the Border Guard Force.

Article 10. For issues related to the management and protection of national border security and order, the construction of political, cultural, and social foundations, planning and building border gates, constructing border communities on land, islands, and maritime zones, and issues related to the construction and operation of the Border Guard Force, the Border Guard Force Commander may directly relate to the Ministry of Home Affairs, the Ministry of Foreign Affairs, the Government Border Committee, and relevant ministries and sectors involved in border defense work, People's Committees of provinces and centrally governed cities to exchange and resolve issues, while reporting to the Ministry of National Defense.

PART IV
POLICIES AND SUPPORT FOR THE BORDER GUARD FORCE

Article 11. Annually, within the state budget plan, the Government prioritizes investment in funds for barracks construction, electricity and clean water infrastructure projects, transportation means, and communication equipment for border guard outposts and mobile units, as well as patrol road construction along the border.

Article 12.

1. During the period of directly performing border management and protection duties, officers and soldiers of the Border Guard Force shall enjoy a border and island duty allowance at a rate of 0.3 based on the minimum wage for those receiving salaries, and for non-commissioned officers and privates, it shall be calculated based on their rank allowances.

2. Officers, professional military personnel, and defense civil servants in the Border Guard Force working in highland border communes and remote islands who have continuously worked in these areas for five years or more shall monthly enjoy a long-term service allowance in border and island areas at three levels: 0.2; 0.3; 0.4 compared to the minimum wage:

a) From five to less than ten years, they shall receive a rate of 0.2.

b) From ten to less than fifteen years, they shall receive a rate of 0.3.

c) Fifteen years or more, they shall receive a rate of 0.4.

Article 13. Officers and soldiers of the Border Guard Force who die while performing border and island protection duties in particularly difficult and harsh conditions shall be recognized as martyrs; if they are injured and lose more than 21% of their working capacity, they shall be recognized as war invalids; if they suffer from illness and lose more than 61% of their working capacity, they shall be recognized as disease invalids according to the Ordinance on Preferential Treatment for Revolutionary Activists, Martyrs, and Their Families, War Invalids, Disease Invalids, and Those Who Contributed to the Resistance War and the Revolution.

The Ministry of National Defense, based on the nature and tasks of each border and island sector, shall unify with the Ministry of Labor, Invalids, and Social Affairs to determine particularly difficult and harsh areas for the Border Guard Force to implement policies for martyrs, war invalids, and disease invalids as stipulated in this Article.

Article 14. The State Merit Award Council shall jointly with the Ministry of National Defense study and submit to the Government proposals regarding reward systems and forms for officers and soldiers of the Border Guard Force who have long served in border and island protection.

Article 15. Annually, the Border Guard Force shall be given priority in recruiting a number of teenagers from ethnic minorities and people moving to settle in border and island areas to create a long-term source of service in the Border Guard Force.

The Ministry of National Defense shall organize a Junior Military School for the Border Guard Force to meet the requirements of the mission.

Article 16. Officers, professional military personnel, and defense civil servants in the Border Guard Force who move their families to settle in highlands and islands shall be provided with land by local authorities where they relocate and shall enjoy support benefits similar to households establishing new economic zones or relocating to islands; they shall be managed and assisted by local authorities in finding employment and creating conditions for their families to quickly stabilize their lives.

CHAPTER V
IMPLEMENTING PROVISIONS

Article 17. This Decree shall take effect 15 days after its date of signature; all previous regulations contrary to this Decree shall be abolished.

Article 18. The Minister of National Defense and the Ministers of relevant ministries shall provide guidance on the implementation of this Decree.

Article 19. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.