National Border Law number 06/2003/QH11

LAW

On the Law on National Boundaries
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The national boundaries of the Socialist Republic of Vietnam are sacred and inviolable. Building, managing, and protecting national boundaries have special significance for territorial integrity, national sovereignty, contributing to maintaining political stability, economic and social development, and strengthening national defense and security.

Enhance the effectiveness of state management over national boundaries; build peaceful, friendly, and long-term stable boundaries with neighboring countries;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;

This Law stipulates matters concerning national boundaries.

Chapter 1:
GENERAL PROVISIONS

Article 1

The national boundaries of the Socialist Republic of Vietnam are lines and vertical surfaces along those lines to determine the limits of land territory, islands, archipelagos including the Paracel Islands and the Spratly Islands, maritime zones, subsoil, airspace of the Socialist Republic of Vietnam.

Article 2

This Law stipulates matters concerning national boundaries; legal regimes regarding national boundaries; building, managing, and protecting national boundaries and border areas.

Legal regimes, management regulations, and protection of contiguous zones, exclusive economic zones, and continental shelves of the Socialist Republic of Vietnam are prescribed by Vietnamese laws in accordance with the United Nations Convention on the Law of the Sea 1982 and other international treaties to which Vietnam is a party.

Article 3

Agencies, organizations, individuals (hereinafter referred to collectively as organizations and individuals) shall comply with the provisions of this Law and other relevant laws; in cases where international treaties to which Vietnam is a party provide otherwise, the provisions of such international treaties shall apply.

Article 4

In this Law, the following terms shall be understood as follows:

1. The baseline is a broken line connecting points selected at the lowest low-water mark along the coast and nearshore islands determined and announced by the Government of the Socialist Republic of Vietnam.

2. The contiguous zone is a maritime area adjacent to the territorial sea with a width of twelve nautical miles.

3. The exclusive economic zone is a maritime area adjacent to the territorial sea and together with the territorial sea forms a maritime zone of two hundred nautical miles measured from the baseline, except where international treaties between the Socialist Republic of Vietnam and concerned states provide otherwise.

4. The continental shelf is the seabed and subsoil of the submarine areas extending beyond the territorial sea up to the outer edge of the continental margin as defined under the United Nations Convention on the Law of the Sea 1982, which Vietnam as a coastal state has sovereign rights and jurisdiction over, except where international treaties between the Socialist Republic of Vietnam and concerned states provide otherwise.

5. A boundary marker is a physical sign used to mark the national boundary line on land.

6. Border works are structures built to fix the national boundary line, and structures serving the management and protection of the national boundary.

7. A border gate is a place where exit, entry, transit, export, import, and cross-border movement are carried out, including land border gates, railway border gates, inland waterway border gates, maritime border gates, and air border gates.

8. Vessels are means of operation on the surface or under the surface of water, including ships, boats, and other means of transport with or without engines.

9. Innocent passage through the territorial sea refers to the passage of foreign vessels through the territorial sea of Vietnam without prejudicing peace, security, good order, or the marine environment of the Socialist Republic of Vietnam according to Vietnamese law and the United Nations Convention on the Law of the Sea 1982.

10. Aircraft are means of operation in the air, including airplanes, gliders, balloons, and other flying devices.

Article 5

1. National boundaries are determined by international treaties to which Vietnam is a party or by Vietnamese law.

2. National boundaries on land are delineated and marked on the ground using a system of boundary markers.

3. National boundaries at sea are delineated and marked by coordinates on nautical charts as the outer limits of the territorial sea of the mainland, islands, and archipelagos of Vietnam, as defined under the United Nations Convention on the Law of the Sea 1982 and international treaties between the Socialist Republic of Vietnam and concerned states.

The outer limits of the contiguous zone, exclusive economic zone, and continental shelf define the sovereign rights and jurisdiction of the Socialist Republic of Vietnam according to the United Nations Convention on the Law of the Sea 1982 and international treaties between the Socialist Republic of Vietnam and concerned states.

5. National boundaries in subsoil are vertical surfaces from national boundaries on land and national boundaries at sea down to subsoil.

Subsoil boundaries within maritime zones are vertical surfaces from the outer limits of the exclusive economic zone and continental shelf down to subsoil, defining the sovereign rights and jurisdiction of the Socialist Republic of Vietnam according to the United Nations Convention on the Law of the Sea 1982 and international treaties between the Socialist Republic of Vietnam and concerned states.

5. National boundaries in airspace are vertical surfaces from national boundaries on land and national boundaries at sea up to airspace.

Article 6

Border areas include:

1. Land border areas comprising communes, wards, towns where administrative boundaries coincide with national boundaries on land;

2. Maritime border areas extending from national boundaries at sea to the administrative boundaries of coastal communes, wards, towns, and islands, archipelagos;

3. Airspace border areas comprising parts of airspace along national boundaries with a width of ten kilometers from the national boundaries inward.

, Clause 1, Clause 2 Article 7a of this Regulation.

Internal waters of Vietnam include

1. Areas inside the baseline;

2. Port waters delimited by lines connecting the most seaward points of permanent structures that are integral parts of port systems.

Article 8

The historical waters are areas of water due to special geographical conditions that are of significant importance for the economy, national defense, and security of Vietnam or of Vietnam and other countries with a long-term process of management, exploitation, and utilization, which are agreed upon by the Socialist Republic of Vietnam and relevant countries through a special regime established by international treaties.

Article 9

The territorial sea of Vietnam extends twelve nautical miles from the baseline outward. The territorial sea of Vietnam includes the territorial sea of the mainland, islands, and archipelagos.

Article 10

Building, managing, and protecting the national border and the border area is a nationwide endeavor under unified state management. The State and the people implement the integration of economic and social development with enhanced national defense, security, and diplomacy.

Article 11

The Socialist Republic of Vietnam implements a policy of building peaceful, friendly, and long-lasting borders with neighboring countries; resolving national boundary issues through negotiations based on respecting each other's independence, sovereignty, territorial integrity, and legitimate interests.

Article 12

The State has a special preferential policy for building a strong border area in all aspects; improving the material and spiritual life of the people in the border area; constructing border works and building core forces and specialized units to meet the requirements of building, managing, and protecting the national border in all situations.

Article 13

The Vietnam Fatherland Front and its member organizations within their respective duties and powers have the responsibility to promote propaganda and mobilize the people to strictly comply with the laws on the national border; supervise the implementation of the laws on the national border by organizations and individuals.

Article 14

Acts that are strictly prohibited:

1. Moving, destroying boundary markers; distorting or deviating the direction of the national boundary line; altering the natural flow of border rivers and streams; damaging boundary markers;

2. Undermining security, public order, and social safety in the border area; encroaching on land and settlement in the border area; destroying border works;

3. Depleting water resources, causing flooding, polluting the environment, and infringing upon natural resources and national interests;

4. Crossing the national border illegally; smuggling, transporting goods, currency, weapons, narcotics, dangerous substances for fire and explosion across the national border illegally; transporting harmful cultural products and other types of goods banned for import and export by the State across the national border;

5. Entering restricted airspace; shooting, launching, dropping, or transferring aircraft, objects, or harmful substances or those posing potential harm to national defense, security, economy, health of the people, the environment, air safety, and public order and social safety in the border area;

6. Other acts violating the laws on the national border.

Chapter 2:
LEGAL REGIME FOR THE NATIONAL BORDER, BORDER AREA

Article 15

1. Exit, entry, transit, export, and import through the national border shall be carried out at border gates; transit through the national border into the mainland, territorial waters, and airspace must follow the prescribed routes via roads, railways, inland waterways, maritime routes, and air routes; crossing the national border by the people in the border area shall be conducted at border gates or designated locations for border crossings.

2. Persons, means of transport, and goods crossing the national border must have complete legal documents and be subject to inspection and control by competent authorities as stipulated by law.

Article 16

1. The establishment of border gates and designated locations for border crossings, upgrading of border gates, closure of border gates, and determination of road, railway, inland waterway, maritime, and air routes for transit are decided by the Government according to Vietnamese law or international treaties to which Vietnam is a party.

2. Entry into, exit from, temporary stay, and other activities in the border gate area must comply with legal regulations.

Article 17

1. A control zone is established at border gates for competent state agencies to conduct inspections, controls, and procedures for exit, entry, transit, export, and import as prescribed by law.

2. The Government shall specify the lead agency responsible for coordinating management and maintaining security and order in the border gate area.

Article 18

Foreign vessels when exercising the right of innocent passage in Vietnam’s territory and pursuant to international treaties to which Vietnam is a party, submarines and other submerged vessels must navigate on the surface and fly their national flag.

Article 19

1. Nuclear-powered foreign vessels and vessels carrying radioactive or other highly hazardous materials when exercising the right of innocent passage in Vietnam’s territorial sea must carry full documentation and apply special preventive measures as prescribed by Vietnamese law and international treaties to which Vietnam is a party.

2. Vessels specified in Clause 1 of this Article when conducting other activities in Vietnam’s territorial sea must obtain permission from the competent authority of Vietnam and apply special preventive measures as prescribed by Vietnamese law and international treaties to which Vietnam is a party.

Article 20

Aircraft may only fly over the national border and Vietnamese airspace after obtaining permission from the competent authority of Vietnam, must comply with the guidance, control, and instructions of the Vietnamese air traffic management agency, and adhere to Vietnamese law and international treaties to which Vietnam is a party.

1. In cases where there are reasons of national defense, security, or other special reasons, or at the request of a concerned country, persons, means of transport, and goods may be restricted or temporarily suspended from crossing the national border, including innocent passage in Vietnam’s territorial sea.

2. The authority to decide on restrictions and suspensions as provided for in Clause 1 of this Article shall be determined by the Government. Decisions regarding restrictions and suspensions must be notified to local authorities and officials of the concerned country.

Article 22

In the event of an accident, incident, or for other objective reasons necessitating crossing the national border without being able to comply with the provisions of this Law and other laws of Vietnam, the driver must immediately report to the port authority, national rescue and relief agency, air traffic control agency, or other competent authority of Vietnam nearest to the location and follow the instructions of the competent authority of Vietnam.

Article 23

Construction projects in border areas related to the national border must comply with planning and be approved by the competent authority; during implementation, they must adhere to the border area regulations, other legal provisions, and not obstruct the management and protection of the national border.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

1. All activities related to the national border in tourist, service, trade areas, border economic zones, and other economic zones in border areas must comply with the border area regulations.

2. The border area regulations shall be prescribed by the Government.

Chapter 3:
NATIONAL BORDER CONSTRUCTION, MANAGEMENT, AND PROTECTION REGION
BORDER

Article 25

The State has strategies, plans, and investment programs to comprehensively strengthen the border region politically, economically, socially, militarily, and in terms of security; it implements preferential policies and creates favorable conditions for people to settle in the border region.

Article 26

Each year, ministries, agencies at the ministerial level, government agencies, provincial people's committees, and centrally-administered city people's committees within their respective duties and authorities develop investment plans for economic and social development projects, infrastructure construction, population adjustment in the border region, and border works to be submitted to the Government for decision.

Article 27

The State prioritizes investment in border works and national boundary markers for the management and protection of the national border.

Article 28

1. The State builds a comprehensive people's border defense system and a strong people's border defense posture to manage and protect the national border.

2. March 3 each year is "National Border Defense Day."

Article 29

1. The national border, the system of national boundary markers, and border works must be strictly maintained, managed, and protected.

2. Any person discovering damage, loss, or displacement of national boundary markers affecting the direction of the national border or damage to border works must immediately report to the Border Guard or local authorities, the nearest agency.

Article 30.

1. The restoration and repair of national boundary markers must comply with Vietnamese law and international treaties to which Vietnam is a party.

2. Matters arising in connection with the national border must be resolved in accordance with Vietnamese law and international treaties to which Vietnam is a party or has acceded.

Article 31

1. National border construction, management, and protection, as well as the border region, are the responsibility of the State and the entire people, primarily the local authorities, people in the border region, and the people's armed forces.

2. The Border Guard is the core and specialized force, coordinating with the People's Public Security Force, relevant sectors, and local authorities in managing and protecting the national border, maintaining public security, order, and social safety in the border region according to the law.

The State builds a revolutionary, regular, elite, and gradually modern Border Guard that is politically strong and proficient in its specialty.

Article 32

Forces tasked with protecting the national border may use weapons, support tools, technical equipment, and specialized means as prescribed by law.

Article 33

1. The State implements preferential policies and benefits for individuals directly involved and those mobilized to manage and protect the national border.

2. Individuals mobilized by competent authorities to participate in protecting the national border who die, are injured, or suffer health damage shall enjoy the same policies and benefits as civilian militia and self-defense forces participating in combat and combat support.

3. Organizations and individuals whose means of transport and property are mobilized by competent authorities in emergencies to participate in protecting the national border and suffer losses shall be compensated according to the law.

Article 34

1. Annually, the State allocates an appropriate budget to ensure activities related to national border construction, management, and protection.

2. Financial resources ensuring national border construction, management, and protection include:

a) State budget;

b) Other sources of revenue as prescribed by law.

3. The Government shall specify the management and utilization regime for financial resources for national border construction, management, and protection activities.

Chapter 4:
STATE MANAGEMENT OF NATIONAL BORDERS

Article 35

The content of state administration over the national border includes:

1. Developing and directing the implementation of strategies and policies on the national border;

2. Issuing and organizing the implementation of legal normative documents on the national border, policies, and systems for national border construction, management, and protection;

3. Negotiating, signing, and implementing international treaties on the national border;

4. Propaganda, dissemination, and education on laws concerning the national border;

5. Deciding on the construction of border works and economic-social works in the border area;

6. Researching and applying science and technology to serve national border construction, management, and protection;

7. Building core and specialized forces; training and enhancing professional skills in national border management and protection;

8. Inspecting, supervising, resolving complaints and grievances, and handling violations of laws concerning the national border;

9. International cooperation in national border construction, management, and protection.

Article 36

1. The Government exercises unified state administration over the national border; it defines the tasks, powers, and scope of coordination among ministries, ministerial-level agencies, and provincial people's committees of centrally-administered cities with borders in implementing state administration over the national border.

2. The Ministry of National Defense leads and coordinates with the Ministry of Foreign Affairs and the Ministry of Public Security to be responsible before the Government for implementing state administration over the national border.

3. Ministries and ministerial-level agencies within their respective duties and authorities have the responsibility to implement state administration over the national border.

Article 37

People's committees at all levels in areas with national borders implement state administration over the national border in accordance with the Government's regulations.

Chapter 5:
REWARD AND VIOLATION HANDLING

Article 38

Organizations and individuals who have achievements in activities related to the construction, management, and protection of the national border shall be rewarded in accordance with the provisions of the law.

Article 39

Organizations and individuals who commit acts violating the laws on the national border shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the provisions of the law.

Chapter 6:
IMPLEMENTING PROVISIONS

Article 40

This Law takes effect from January 1, 2004.

All previous provisions that are contrary to this Law are hereby abolished.

Article 41

The Government shall promulgate detailed regulations and provide guidance on the implementation of this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the eleventh session, third meeting, on June 17, 2003.