Circular No. 02/2012/TT-BQP guiding the implementation of certain provisions of Government Decree No. 89/2009/NĐ-CP dated October 19, 2009 on border guard foreign affairs activities.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 89/2009/NĐ-CP dated October 19, 2009 of the Government on Border Guard Foreign Affairs Activities

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Pursuant to Decree No. 89/2009/NĐ-CP dated October 19, 2009 of the Government on Border Guard Foreign Affairs Activities;

Pursuant to Decree No. 104/2008/NĐ-CP dated September 16, 2008 of the Government on the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of National Defense;

Considering the proposal of the Commander of the Border Guard Force,

The Minister of National Defense guides the implementation of Clause 2 Article 6, Article 7, Article 8, Article 14, and Article 19 of Decree No. 89/2009/NĐ-CP dated October 19, 2009 of the Government on Border Guard Foreign Affairs Activities (hereinafter referred to as Decree No. 89/2009/NĐ-CP), as follows:

Article 1. Scope of Regulation

These Circulars guide reception activities; forms and methods of operation; expenditures in border guard foreign affairs activities; responsibilities of the Border Guard Force and relevant agencies and units in implementing border guard foreign affairs work.

Article 2. Applicability

This Circular applies to:

1. Ministries, ministerial-level agencies, agencies under the Government; People's Committees at all levels with land borders and the Border Guard Force.

2. Units of the Border Guard Force along the coast conducting border guard foreign affairs activities shall apply the provisions of Decree No. 89/2009/NĐ-CP and the guidelines of these Circulars.

Article 3. Reception Activities in Border Guard Foreign Affairs (Clause 2 Article 6 of Decree No. 89/2009/NĐ-CP)

1. Decorations for negotiation venues shall be carried out according to Model No. 07 attached as an appendix to these Circulars.

a) Backgrounds and decorations should be appropriate to the reception room.

b) Titles on backgrounds, banners, and slogans shall be displayed in parallel in two languages (Vietnamese and the guest language).

c) Small national flags (negotiation flags) shall be placed on the table before the seat of the head of each delegation and alongside the large national flag (size 1.2m - 1.8m) of each country hung on the main background, or may be set up at the end of the table adjacent to the background, when viewed from outside, the host country's flag on the right, the guest country's flag on the left, seating positions for each side according to the position of the flag.

d) Guest tables shall be laid with tablecloths and flowers in the center.

e) On the negotiation table, there shall be bottled water and fruit; if tea (including black tea) is used, it must be served in porcelain cups.

2. Seating arrangements during foreign affairs activities shall be carried out according to Model No. 08 attached as an appendix to these Circulars.

a) Seating arrangement: Negotiation tables or working tables of both delegations shall be arranged in a long, oval, elliptical, or U-shape. Each delegation shall sit on one side. The head of each delegation shall sit in the middle, to the right of the head shall be number two, to the right of number two shall be number four, to the left of the head shall be the interpreter (interpreter not numbered), to the left of the interpreter shall be number three, to the left of number three shall be number five, and then continue to arrange in order from right to left until the end (according to the negotiation list).

b) On the negotiation table or working table, name plates shall be placed according to the arranged order so that representatives can sit in their correct positions (name plates clearly indicate rank, name, and position; one side written in Vietnamese, the other side in the guest language, and when placing name plates, the Vietnamese side faces the host, the guest language side faces the guest).

3. Signing procedures: After negotiations, representatives attending the signing ceremony of both sides shall stand in a row behind the signatories, in order of rank from the center outwards; signatories shall sit on the same side; tables shall be set up, on which flowers and small national flags of each country shall be placed, with pens and ink testers. After the signing ceremony, there shall be toasts, and photographs may be taken.

4. Seating arrangements for receptions: Seating shall be arranged according to the status of guests. Seating positions shall have name plates; seating arrangements depend on the shape of the banquet table, but the following principles must be adhered to:

a) According to the rank of the representative;

b) If two representatives are of the same rank, preference shall be given to the older person and women over men;

c) Representatives of the two delegations shall be alternately seated.

5. Regarding attire: Wear semi-formal attire according to the season during negotiations; wear casual attire (demonstrating courtesy) during tours and receptions. If participating in local or ministry delegations, wear according to the decision of the delegation leader.

6. Signing procedures.

a) The head of the delegation or authorized representative of each side shall sit in the arranged position, host on the right, guest on the left; each side shall have one person presenting for signature, and members standing behind their respective delegation leaders.

b) After signing, the signed documents shall be exchanged between the two sides;

c) Take commemorative photos;

d) Exchange gifts: After signing the document or after the reception.

7. Escorting the guest delegation: The host delegation leader shall make a speech and escort the guests, the escorting party shall dress as they did when welcoming the delegation.

8. In cases where guests are invited to tour, a plan approved by the competent authority must be prepared and safety must be ensured during the tour.

9. Arranging vehicles for pick-up and drop-off, arranging dining and accommodation places for the guest delegation shall be carried out in accordance with the laws on reception activities.

Article 4. Forms of Border Guard Foreign Affairs Activities (Article 7 of Decree No. 89/2009/NĐ-CP)

Forms of border guard foreign affairs activities include direct meetings or through invitation letters, notification letters, protest letters; when implementing border guard foreign affairs activities, they must be carried out according to the following procedures:

1. You coming to Us for work:

a) Preparatory work before working

- Report to the immediate superior about the reasons for inviting You or at Your request to come to Us for work; clearly state the purpose, content, program, composition, time, place, and other necessary issues.

- Develop a reception plan, program, work content, anticipate possible issues and solutions through the party committee, command, and submit to the competent authority for approval.

- Report to the party committee and local authorities within their jurisdiction.

- Prepare documents, materials, means, meeting rooms, dining and resting places, guest reception areas suitable for the nature and purpose of the meeting.

- Based on the program plan, work content, meeting purpose, the commander directs the assisting agency to draft documents.

b) Organizing the work

- Receive You at the boundary line of the border gate or at the crossing point on the border and escort You to the negotiation location according to the plan; the negotiation location may be at the international guesthouse of the border guard post or the negotiation room planned by the unit.

- At the workplace, Us and You conduct initial social procedures, introduce the delegation members (if military personnel wear uniforms, upon introduction, they must perform the standing salute in place, facing the direction of the head of Your delegation), the program, work content according to the plan and approved content.

In case there are contents that You object to, raise issues not consistent with the truth or cannot be concluded immediately, outside the scope or authority, it is necessary to remain calm, tactful, and cautious using reasoning to persuade or respond later.

- Us and You complete and sign the minutes on the content and results of the work.

- If Us and You agree on the work content, both sign the minutes; if not agreed, establish a minutes preserving each side's opinion and both sign the minutes.

- If Us and You fail to achieve the planned content, record a unilateral minutes.

- Organize farewell, present souvenirs, gifts: Composition and ceremony according to the plan approved by superiors (souvenirs or gifts shall not be sealed or wrapped tightly).

- End the work: The commander of the unit organizes a meeting to review and evaluate the results of the work and report to the immediate superior; complete the file and retain it at the unit.

2. Us going to You for work:

a) Preparatory work

- Develop a plan, content, composition to negotiate with You, report to the competent authority for approval;

- Complete the procedure to report and review personnel to implement according to Clause 1, Article 5 of this Circular.

- Reply in writing to Your invitation or our proposal to go to You for work;

- Organize a meeting of the delegation to brief on the plan, program, content, method of work, and assign responsibilities to each member.

b) When working with You

- Conduct initial procedures, introduce the delegation members, working methods.

- Present the content according to the prepared document approved by superiors.

During the work process, remain calm, tactful, and cautious; in case of disagreement, record in the minutes preserving opinions; for issues raised outside the content and program of work or issues not within the scope or authority, the head of the delegation records and reports to superiors.

- Sign the work minutes, present souvenirs, gifts.

c) After returning to the unit.

- Organize a meeting of the delegation to review and evaluate the work results and report to the immediate superior.

- Complete the file and retain it at the unit.

3. Participating in local delegations

a) In case officers from the border post or the Border Guard Command of the province directly under the Central Government (hereinafter referred to as the Border Guard Command of the province) are assigned to participate in the local negotiation delegation, if the work content relates to border area management, security, and order, the assigned officer must thoroughly understand the superior's instructions to advise the head of the delegation on the content to be discussed, ensuring compliance with the superior's instructions and principles of foreign relations.

b) Report to the immediate superior the results of the delegation's negotiations.

c) Procedures for assigning officers to work abroad are implemented according to Article 6 of this Circular; costs are borne by the locality.

4. Procedures and formalities for meetings and working along the border or at an appropriate location; coordinating bilateral patrols are carried out according to the plan and content agreed by both sides.

5. Procedures and formalities and authority to issue protest letters

a) Procedures and formalities for issuing protest letters When the other side engages in activities stipulated in Point b, Clause 2, Article 7 of Decree No. 89/2009/NĐ-CP, proceed as follows:

- Conduct verification, collect evidence, and prepare the case file of the violation;

- Based on the nature and severity of the violation, report and propose to seek the superior's opinion on the form of protest (direct protest or protest letter); simultaneously attach a draft protest letter for content approval;

- After the superior approves the protest letter, assign the liaison officer to send the protest letter to the liaison officer of the opposite post or station;

- Report the results to the superior regarding the time of sending the protest letter and the opinion of the opposite side (if any);

b) Authority to issue protest letters

- Border Post level of Vietnam with the opposite post or station level;

- Border Commune level of Vietnam with the opposite border commune level;

- Border District, Province level of Vietnam with the opposite border district, province level.

Article 5. Procedures for reviewing applications and exit-entry formalities for officers dispatched abroad to perform border defense diplomatic tasks

1. Application review procedures

a) Bases for the Unit Commander to dispatch officers abroad for work:

- Annual foreign affairs work plans and directives from the Border Guard Force Command.

- Agreements between the Provincial Border Guard Command and the Border Guard Command or border protection forces of the neighboring country.

- Invitations from the Border Guard Command, relevant agencies, or local authorities at the district or provincial level of the neighboring country (with a Vietnamese translation bearing the signature and full name, rank, and position of the translator, and stamped with the seal of the Unit Commander).

- Decisions or documents from the People's Committee at the provincial or district level regarding the establishment of a delegation or the proposal to dispatch officers for work in the neighboring country involving Border Guard officers.

b) Application documents include:

- A request letter from the Provincial Border Guard Command for dispatching officers abroad for work, following Model No. 01 attached to this Circular.

- An invitation from the Border Guard Command, relevant agencies, or local authorities at the district or provincial level of the neighboring country (with a Vietnamese translation bearing the signature and full name, rank, and position of the translator, and stamped with the seal of the Unit Commander).

- A decision from the People's Committee at the provincial or district level regarding the establishment of a delegation of officers going abroad for work involving Border Guard officers.

- A list of officers dispatched for work abroad, requiring all necessary information to be filled out according to Model No. 02 - Form DS-74 attached to this Circular, along with two 4x6 cm military uniform photos.

c) The report and application must be submitted to the General Staff under the Border Guard Force Command (hereinafter referred to as the General Staff) seven working days before the date of departure for officers dispatched based on the decision of the Border Guard Force Commander.

d) Within three working days from receiving the report and application from the Provincial Border Guard Command, the General Staff is responsible for coordinating and directing relevant agencies to review and process the application according to regulations, then submit it for the Border Guard Force Commander's approval or report to the Ministry of National Defense for consideration.

đ) In urgent cases, the unit reports by telephone to the Border Guard Force Command for consideration and resolution, followed by completing the application and processing it for submission to the General Staff for monitoring.

e) For officers traveling abroad for study, attending conferences, serving as experts, visiting, or handling personal matters, they shall follow the Regulations on the Organization, Management, and Coordination of Military Diplomatic Work of the Ministry of National Defense.

2. Exit-Entry Procedures

a) You coming to us for work:

- If working at a post (post level and equivalent), you should send a list of delegation members (including full names, ranks, positions, units, and positions within the delegation) as a basis for verifying the list of delegation members.

- When organizing visits in border townships or towns, the Provincial Unit Commander should coordinate with the Exit-Entry Administration of the Public Security Department at the provincial level.

- If you come for negotiations within the scope of a district or province (provincial or district level), you must have a border pass or passport as required.

b) We going to you for work:

- If working at posts or checkpoints, send a list of the delegation to you (including full names, ranks, positions, units, and positions within the delegation).

- If working in inland areas (province or district level), you must have a border pass or passport as required.

Article 6. Measures for Border Guard Foreign Activities (Article 8 of Decree No. 89/2009/NĐ-CP)

1. Building plans for border guard foreign activities

a) Annual plan for border guard foreign activities

- The Commander of the Border Guard Force at the provincial level shall build the annual plan for border guard foreign activities to report to the Border Guard Command for approval (the General Staff will review) before September 10 each year.

- The Border Guard Post Commander shall build the annual border protection plan and must determine the content of the post's border guard foreign activities to report to the Commander of the Border Guard Force at the provincial level for approval.

b) Content of the annual plan for border guard foreign activities of the Commander of the Provincial Border Guard Command:

- Basis for building the plan;

- Purpose and requirements;

- Estimated number of meetings (We visit Them, They visit Us);

- Content and methods of work;

- Time (by quarter), location, participants;

- Assurance work;

2. Random inspections of product quality.

c) Plan for organizing each meeting, working session The plan for organizing meetings and working sessions is built for each implementation and reported to the Border Guard Commander for approval (at the provincial level) and must clearly specify the following contents:

- Purpose, requirements for meetings and working sessions.

- Content and methods of organizing meetings and working sessions.

- Time, participants, location for meetings and working sessions.

- Budget, means of transportation and assignment of responsibilities for organizing and implementing.

- Safety measures when meeting and working.

- Preparation work, content of work must be thorough, reported to the immediate superior for approval. In addition to the content of the prepared documents, it is necessary to anticipate issues that You may raise during the meeting and working session and propose solutions.

2. In contact and working relations with You, the approved content must be strictly followed; statements and exchanges during the working session are conducted by the Team Leader, opinions of other members are reflected through the Team Leader (except in cases where the Team Leader delegates authority or permits).

3. The Team Leader is responsible for managing all activities of the Team (internal security work, confidentiality regulations, reporting, contact relations, etiquette and conduct).

4. The content of the exchange and working sessions between both sides must be fully and detailedly recorded in the bilateral or unilateral minutes according to Model No. 06 attached to this Circular, if it is a bilateral minute, it must be established in two copies in Vietnamese and the language of the other side, signed by both Team Leaders.

5. Based on the Border Regulations Agreement, the Commander of the Provincial Border Guard Command shall proactively relate with the border protection forces and local authorities of the other side to unify the coordination regulations for implementing border guard foreign activities.

6. Annually, the border protection forces of both sides meet every six months, and the border posts meet every three months. The location is organized in a rotational manner. When there are sudden situations related to security and order on the border, both sides meet to agree on measures and coordinate in resolving them. Where the other side does not deploy border protection forces, the border post relates with the local government or border village of the other side.

7. Requirements for measures for border guard foreign activities:

a) During working sessions with You, if there are issues arising outside the scope of the previously notified content or issues exceeding authority, the Team Leader shall record and report to the superior for guidance; if You refuse or deny the content we raised, it should be recorded in the working session minutes to reserve our opinion.

b) In relation with the border protection forces and local authorities of You; the Commander of the Provincial Border Guard Command, the Border Guard Post Commander shall apply appropriate forms and methods of foreign activities based on the actual situation at the border.

c) For matters related to national sovereignty and border security, the Commander of the Provincial Border Guard Command, the Border Guard Post Commander shall take the lead in implementing, meeting, informing, exchanging, or resisting.

d) For matters related to civil relations occurring in the border area, the Commander of the Provincial Border Guard Command, the Border Guard Post Commander shall cooperate with relevant agencies to advise the local government to take the lead in implementing, meeting, informing, exchanging, or resisting.

đ) In cases of visiting to extend greetings on holidays, festivals; condolences on state mourning, natural disasters, fires, and other activities, the unit commander shall base on the actual situation to assign tasks and dispatch officers to implement appropriately.

Article 7. Responsibilities of the Border Guard Force in border guard foreign affairs activities (Article 14 of Decree No. 89/2009/NĐ-CP)

1. The Commander of the Border Guard Force

a) Advise the Central Military Commission, the Minister of National Defense on policies and directions for border guard foreign affairs work and organize the implementation of decisions of the Minister of National Defense, guidelines of the Ministry of Foreign Affairs, and related agencies regarding border guard foreign affairs activities to manage and protect national border sovereignty and security.

b) Develop annual plans for border guard foreign affairs work, report to the Minister of National Defense for approval, and organize their implementation.

c) Approve annual plans for border guard foreign affairs work of the Provincial Border Guard Command Chiefs and organize their implementation.

d) Direct the organization to implement international treaties on borders that have been signed and agreements between competent authorities on both sides of the border according to the law and the functions and tasks of the Border Guard Force.

đ) Direct and guide the implementation of propaganda, dissemination, and legal education activities related to border guard foreign affairs, building peaceful, friendly, cooperative, and developing borders.

e) Participate in state negotiation delegations on borders and maritime areas when designated; sign cooperation documents on border guard work with border protection forces of neighboring countries and other relevant countries upon authorization from the Minister of National Defense.

g) Visit and invite the heads of border protection forces of neighboring countries and other relevant countries to visit and work with the Border Guard Force according to the directives of the Minister of National Defense.

h) Sign decisions and be responsible before the Ministry of National Defense for dispatching officers under his/her authority (excluding general officers) to work in countries sharing borders to carry out border guard foreign affairs activities as stipulated in Article 4 of Decree No. 89/2009/NĐ-CP and send the decision to the Ministry of National Defense, the Protection and Security Bureau/General Political Department, the Ministry of National Defense's Foreign Affairs Bureau, and the General Political Department's Bureau 25 (one copy to each agency).

2. The Chief of the Provincial Border Guard Command

a) Advise the Provincial Party Committee Standing Committee, the Chairman of the Provincial People's Committee, and the Commander of the Border Guard Force on implementing border guard foreign affairs work according to the central government's delegation and regulations of the Ministry of National Defense.

b) Develop annual plans for implementing border guard foreign affairs work, report to the Commander of the Border Guard Force for approval, and organize their implementation. Designate officials to participate in local delegations according to the directives of the Commander of the Border Guard Force.

c) Direct the Border Guard Post Chiefs to implement regular or emergency contact relations to inform and exchange information on the implementation of the Agreement on Border Regulations and coordinate with related forces within their jurisdiction to combat and prevent violations of border area regulations according to the law.

d) Participate in provincial people's committee negotiation delegations to resolve issues arising on the border related to sovereignty, security, and order in border areas according to the central government's delegation.

đ) Visit and work according to invitations from the Other Side; invite and organize receptions for the equivalent-level heads of the Other Side's border protection force to visit, engage in social exchanges on holidays, or participate in other activities according to the directives of the Commander of the Border Guard Force, implemented according to Model No. 03 attached to this Circular.

3. The Chief of the Border Guard Post

a) Advise the County Party Committee Standing Committee and the Chairman of the Border County People's Committee on relations with the equivalent-level authorities of the neighboring country to cooperate in resolving issues related to security, order, and civil matters involving local governments on both sides of the border according to the authority defined in the Agreement on Border Regulations and the directives of the Chairman of the Provincial People's Committee.

b) Maintain relations with the Chief of the Border Guard Post or Station of the neighboring country's border protection force regularly or urgently to implement the Agreement on Border Regulations including:

- Exchanging information on violations of territorial sovereignty, security, and order related to both sides of the border;

- Receiving notifications from the neighboring country and returning individuals who violate the Agreement on Border Regulations;

- Resisting violations of the Agreement on Border Regulations according to Model No. 05 attached to this Circular.

- Notifying restrictions or temporary suspension of cross-border movement according to the law, implemented according to Model No. 04 attached to this Circular.

- Cooperating in patrolling, inspecting, managing the border, and national boundary markers; cooperating in combating various types of crimes, preventing terrorist activities; search and rescue operations, natural disasters, epidemics; promoting and mobilizing the people on both sides of the border to strictly comply with the Border Regulations to build a peaceful, friendly, and cooperative border;

c) Invite the Other Side or visit the Other Side for social exchanges to congratulate on holidays; express condolences during national mourning, natural disasters, fires, and other activities according to the directives of the Chief of the Provincial Border Guard Command.

d) Organize receptions for the heads of the Other Side's border protection force to visit and engage in social exchanges according to superior plans.

Article 8. Content of expenditure for border guard foreign affairs activities (Article 19 of Decree No. 89/2009/NĐ-CP)

1. Reception of incoming and outgoing delegations for planned border guard foreign affairs activities, specifically:

a) Expenditure for delegations from our side visiting the other side and vice versa according to approved programs and plans;

b) Diplomatic hospitality expenses during working sessions.

2. Investment in construction, repair, upgrading of material infrastructure, purchase of technical equipment and means serving border guard foreign affairs activities, including:

a) Construction of guesthouses or conference rooms at border guard posts;

b) Purchase of equipment for conferences such as sound systems, tape recorders, computers, backdrops, slogans, and other items;

c) Repair, upgrade, and maintenance of technical equipment and means according to schedule.

3. Organization of conferences and seminars, including negotiation conferences, information exchange meetings, situation briefings related to national border management and protection, annual summary and conclusion conferences on border guard foreign affairs work, or scientific seminars on relevant topics.

4. Gifts:

a) Gifts for groups and individuals when the other side visits our side;

b) Gifts for groups and individuals when our side visits the other side.

5. Training and professional development: Training and development organized by agencies according to annual plans or training sessions organized by the Border Guard Force Command or provincial departments, bureaus, and commissions.

6. Work on building archival records:

a) Expenditure for printing forms related to border guard foreign affairs activities;

b) Expenditure for managing, exploiting, and using archival records.

7. Other foreign affairs activities:

a) Expenditure for condolences and visits due to natural disasters or fires;

b) Expenditure for welcoming and reciprocal visits on holidays, national days, and traditional festivals.

8. Specific expenditure levels, budget preparation, management, and utilization shall be carried out in accordance with legal regulations.

9. The funds for hosting the other side by the Provincial Border Guard Command and border guard stations are included in the operational budget for border guard activities.

10. Heads of agencies and units shall implement based on the annual budget allocated by the competent authority and the prescribed expenditure levels.

Article 9. Implementation Organization

1. Ministries, ministerial-level agencies, government-affiliated agencies, People's Committees of provinces and centrally-administered cities shall direct and guide subordinate agencies and units to carry out border guard foreign affairs activities in accordance with Decree No. 89/2006/NĐ-CP and this Circular.

2. The General Staff Department, Political Bureau shall direct and the Foreign Affairs Department shall guide the Border Guard Force to carry out border guard foreign affairs activities in accordance with Decree No. 89/2009/NĐ-CP and this Circular.

3. The Finance Department shall take the lead and coordinate with the Border Guard Force Command and relevant functional agencies to develop and report to the Ministry of National Defense for issuance of regulations on expenditure regimes in border guard foreign affairs activities.

4. The Border Guard Force Command

a) Directs the Provincial Border Guard Commands to carry out border guard foreign affairs activities in accordance with Decree No. 89/2009/NĐ-CP and this Circular;

b) Monitors, urges, inspects, and summarizes border guard foreign affairs work; reports results to the Ministry of National Defense;

c) Guides units to prepare budgets ensuring funding for border guard foreign affairs activities, expenditure contents, and final accounts in accordance with regulations.

Article 10. Effective Date

1. This Circular takes effect 45 days from the date of signature and replaces Decision No. 05/2003/QĐ-BQP dated January 15, 2003 of the Minister of National Defense on border guard foreign affairs activities.

2. Ministers, heads of ministerial-level agencies, government-affiliated agencies, chairpersons of all levels of People's Committees, commanders of the Border Guard Force, and leaders of related agencies and units are responsible for implementing this Circular.