Decree No. 106/2021/NĐ-CP detailing certain provisions of the Law on Border Guard of Vietnam

This Decree details and guides the implementation of certain provisions of the Law on Border Guard of Vietnam regarding the organization, tasks, and powers of the Border Guard Force; the responsibilities of relevant agencies and organizations in performing border defense tasks. The Decree also specifies its effective date from January 21, 2022, and transitional provisions for certain previous legal documents.

Số hiệu106/2021/NĐ-CP
Loại văn bảnDecree
Cơ quan ban hànhMinistry of National Defense
Người kýPhạm Minh Chính — Thủ tướng
Cập nhật13/06/2026
NgànhNational Defense
Lĩnh vựcBorder Guard
Ngày ban hành06/12/2021
Ngày áp dụng21/01/2022
Ngày hết hiệu lực
Tình trạngIn effect
✦ Tóm lược thông minh

This Decree details and guides the implementation of certain provisions of the Law on Border Guard of Vietnam regarding the organization, tasks, and powers of the Border Guard Force; the responsibilities of relevant agencies and organizations in performing border defense tasks. The Decree also specifies its effective date from January 21, 2022, and transitional provisions for certain previous legal documents.

Đối tượng áp dụng

Ministries, ministerial-level agencies, agencies under the Government; People's Councils and People's Committees of provinces and centrally governed cities; Central Office and various Departments of the Party; Office of the General Secretary; Office of the President; National Assembly's Ethnic Committee and various Committees of the National Assembly; Office of the National Assembly; Supreme People's Court; Supreme People's Procuracy; State Audit Agency; National Financial Supervisory Commission; Social Policy Bank; Vietnam Development Bank; Central Committee of the Vietnam Fatherland Front; Central Agencies of mass organizations.

Các điểm cốt lõi

  • Detailed regulations and guidance on implementing certain provisions of the Law on Border Guard of Vietnam
  • Determining the organization, tasks, and powers of the Border Guard Force
  • Responsibilities of relevant agencies and organizations in performing border defense tasks
  • Effective from January 21, 2022
  • Transitional provisions for certain previous legal documents

🌐 Tác động xã hội từ văn bản này

  • Developing socio-economic activities in border areas
  • Maintaining security, public order, and social safety in border areas
  • Building a people's border defense and a strong people's border defense posture

❓ Câu hỏi thường gặp

When does this Decree take effect?

This Decree takes effect from January 21, 2022.

Which legal documents are abolished after this Decree takes effect?

Decree No. 02/1998/NĐ-CP dated January 6, 1998, of the Government detailing certain provisions of the Border Guard Force Ordinance ceases to be effective from the date this Decree takes effect.

Which agencies are responsible for implementing this Decree?

Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairpersons of provincial and centrally governed city People's Committees, related agencies, organizations, and individuals are responsible for implementing this Decree.

Toàn văn

THE GOVERNMENT
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

数字:106/2021/NĐ-CP

印发日期:2021年12月6日

DECREE

关于详细规定若干条《越南边防法》的规定

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Border Defense of Vietnam dated November 11, 2020;

"Based on the proposal of the Minister of National Defense;"

政府颁布本决定详细规定若干条《越南边防法》的规定。

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

本决定规定组织系统;边防部队优待政策和特殊制度;中央部、相当于部级机关和地方人民政府在执行边境保卫任务中的协调配合。

Article 2. Applicability

本决定适用于边防部队的机关、单位、干部、战士以及有关的机关、单位、组织和个人。

Chapter II
组织系统;边防部队优待政策和

特殊制度

第三条 边防部队的组织系统

一、边防部队指挥部

(a)边防部队指挥部机构包括:参谋部;政治部;侦察部;反毒品和犯罪预防部;口岸部;后勤部;技术部;

(b)边防部队指挥部下属单位包括:沿海边防支队;边防通信团;边防学院;边防高等专科学校;边防中等专业学校24;训练和机动中心;

(c)本款第(a)、(b)项规定的机构和单位有下属单位。

二、省边防指挥部

(a)省边防指挥部机构包括:作战处;政治处;侦察处;反毒品和犯罪预防处;后勤处;技术处;

(b)本款第(a)项规定的机构有下属单位。

(a)省边防指挥部机构包括:作战处;政治处;侦察处;反毒品和犯罪预防处;后勤处;技术处;

三、边防站;边防检查站;沿海边防支队

(a)边防站包括:武装队;群众工作队;侦察队;反毒品和犯罪预防队;行政控制队;作战和行政队;船队;边防哨所;

(b)边防检查站包括:作战委员会;政治委员会;侦察委员会;反毒品和犯罪预防委员会;后勤和技术委员会;行政队;手续队;船队;边防哨所;

(c)沿海边防支队包括:作战和行政队;边防巡逻队。

四、边防部队机关、单位职能、任务、权限和工作关系按照法律规定和国防部的规定。

五、边防部队机关、单位成立、重组、分割、合并、更名、解散的权限

(a)边防部队指挥部的成立、重组、分割、合并、更名、解散由政府决定;

(b)本条第一款、第二款和第三款规定的机关、单位的成立、重组、分割、合并、更名、解散由国防部长决定。

第四条 对边防部队干部、战士的优待政策和特殊制度

一、边防部队的军官、专业军事人员、工人和国家公务员在执行边境保护任务五年以上,如需将家庭迁移到边境或海岛地区定居,可优先获得当地人民政府的土地分配,根据土地法的规定;为家庭提供住房支持,为配偶提供就业,并享受其他法律规定的好处和政策。

二、边防部队的干部、战士除了享受军队的工资、补贴和其他政策外,在直接执行边境和海岛保护任务期间还享受责任补贴。

三、边防部队的军官、专业军事人员、工人和国家公务员在陆地边境、岛屿、群岛连续工作五年以上的,每月享受边境和海岛长期服务补贴。如果边境和海岛长期服务补贴在多个文件中有规定,则只能享受其中最高水平的补贴和政策。

四、边防部队的军官和专业军事人员在经济和社会条件特别困难的边境乡担任增援干部的,每月享受兼职补贴和每年增加健康补助,按法律规定执行。

Article 5. Funding for preferential policies and special regimes for officers and soldiers of the Border Guard Force

The funding for preferential policies and special regimes shall be provided from the state budget and allocated in the annual budget of the Ministry of National Defense in accordance with the laws on state budget.

Chapter III
COOPERATION BETWEEN MINISTRIES,

AGENCIES OF THE SAME RANK AS MINISTRIES, AND LOCAL AUTHORITIES

IN PERFORMING BORDER GUARD DUTIES

Article 6. Scope, principles, and organization of cooperative activities

1. The scope and principles of cooperation between ministries, agencies of the same rank as ministries, and local authorities in performing border guard duties shall be carried out in accordance with the provisions of Clause 1 and Clause 2, Article 10 of the Law on Border Guard of Vietnam.

2. The Ministry of National Defense is responsible for coordinating with ministries, agencies of the same rank as ministries, and local authorities to perform border guard duties as prescribed from Article 7 to Article 27 of this Decree.

3. Based on their functions, tasks, powers, and the content of cooperation stipulated in Clause 3, Article 10 of the Law on Border Guard of Vietnam, ministries, agencies of the same rank as ministries, and local authorities at all levels shall determine the forms and methods to effectively cooperate in performing border guard duties; build a people's border defense, a strong people's border defense posture, and disseminate and educate the law in border areas.

4. Based on their functions and requirements of tasks, the Border Guard Force shall take the lead in establishing regulations on cooperation with agencies, units, and functional forces under ministries, agencies of the same rank as ministries, and local authorities in accordance with the Law on Border Guard of Vietnam and this Decree.

Article 7. Responsibilities of the Ministry of National Defense

1. Take the lead and coordinate with the Ministry of Foreign Affairs and the Ministry of Public Security to exchange with ministries, agencies of the same rank as ministries, and local authorities where there are national borders regarding situations and information related to managing and protecting the national border, crimes, and violations of law in border areas, border gates as prescribed by law; share with the Ministry of Public Security data on exit, entry, transit, and visa issuance at border gates managed by the Ministry of National Defense; when requested, inform the Ministry of Public Security about information related to national security, public order, safety, and violations of law in border areas and other information relevant to the functions and tasks of the Ministry of Public Security.

2. Take the lead and coordinate with ministries, sectors, and local authorities where there are national borders to build a people's border defense, a strong people's border defense posture.

3. Take the lead and coordinate with the Ministry of Public Security and local authorities to handle military and national defense situations in border areas; direct the Border Guard Force to coordinate with local police to advise local authorities on handling security and public order situations in border areas in accordance with the law.

4. Take the lead and advise the Government on implementing international cooperation on border defense and border diplomacy in accordance with the law; participate in opinions on planning, projects, and programs of ministries, sectors, and localities in border areas.

5. Take the lead and coordinate with ministries, sectors, and local authorities to build a revolutionary, regular, elite Border Guard Force that gradually modernizes, with some components advancing directly to modernization; provide training on border management and protection for forces performing border guard duties in border areas.

6. Take the lead and coordinate with the Ministry of Justice and related ministries, sectors, and local authorities to monitor the implementation of laws on border defense; guide, urge, and inspect the work of building laws on border defense in accordance with the law.

7. Take the lead and coordinate with the Ministry of Planning and Investment to compile medium-term, long-term, and annual investment plans of the Border Guard Force in accordance with the Investment Law; identify and include in the list projects using state budget funds and priority projects for building the Border Guard Force.

8. Take the lead in search and rescue operations in restricted zones, military areas, border areas, and border gates managed by the Ministry of National Defense and for military ships and foreign military aircraft in distress in border areas.

9. Direct the Border Guard Force to take the lead and coordinate with functional forces under the People's Public Security, forces performing border guard duties under ministries, agencies of the same rank as ministries, and local authorities to maintain security, public order, social safety, prevent crime, and violations of law in border areas and border gates managed by the Ministry of National Defense in accordance with the law.

10. Direct subordinate agencies and units to coordinate with agencies, units, and functional forces under ministries, agencies of the same rank as ministries, and local authorities at all levels to create favorable conditions for the Border Guard Force to perform assigned functions, tasks, and powers.

11. Coordinate with related ministries, sectors, and localities in disaster prevention, response, and recovery work, climate change adaptation, and disease control in border areas and border gates managed by the Ministry of National Defense.

12. Coordinate with local authorities where there are borders to select citizens belonging to ethnic minorities settled in border areas and islands, and talented individuals to serve as a long-term source for the Border Guard Force according to the annual recruitment and selection plan.

Article 8. Responsibilities of the Ministry of Foreign Affairs

1. Take the lead and coordinate with the Ministry of National Defense and relevant ministries, sectors, and localities to organize measures for external struggle in cases where the independence, sovereignty, unity, and territorial integrity of the country are violated or at risk of being violated.

2. Provide and exchange with the Ministry of National Defense information and documents on the Party's guidelines, State policies, and laws within its scope of responsibility related to border guard tasks as prescribed by current laws; information on international treaties to which the Socialist Republic of Vietnam is a party that are related to border guard tasks.

3. Coordinate with the Ministry of National Defense to handle cases where foreign organizations and individuals violate Vietnamese laws or international treaties to which the Socialist Republic of Vietnam is a party in border areas and checkpoints.

4. Coordinate with relevant ministries, sectors, and localities to train cadres at all levels on international treaties on borders to which the Socialist Republic of Vietnam is a party.

5. Train, develop, and guide Border Guard troops on diplomatic operations, coordinating to resolve matters related to borders and foreigners.

Article 9. Responsibilities of the Ministry of Public Security

1. Direct local police to cooperate with Border Guard troops to advise local authorities on handling security and public order situations in border areas according to the law. Coordinate with the Ministry of National Defense and local authorities to handle military and defense situations in border areas.

2. Direct units and functional forces under its authority to cooperate with Border Guard troops to apprehend law violators hiding in inland areas according to the law.

3. Coordinate with relevant ministries, sectors, and localities in preventing, responding to, and mitigating natural disasters, catastrophes, climate change, and epidemics in border areas according to the law.

4. Direct agencies, units, and functional forces under its authority to cooperate with Border Guard troops to maintain security, public order, social safety, prevent crime, and violations of the law in border areas and checkpoints according to the law; connect national database to serve border control.

5. When requested by the Ministry of National Defense, the Ministry of Foreign Affairs, and related agencies, provide information on violations of entry-exit laws, information on national security protection, ensuring public order and social safety in border areas, and other related information according to the law to these ministries and agencies.

6. Coordinate with the Ministry of National Defense to train, develop, and guide Border Guard troops on professional skills and knowledge of national security, public order, and social safety.

Article 10. Responsibilities of the Ministry of Finance

1. Take the lead and coordinate with the Ministry of National Defense to compile and allocate regular funds to implement regulations and policies for Border Guard troops as prescribed by the State Budget Law and detailed implementing regulations.

2. Direct Customs forces to prevent and combat crimes and violations of the law on smuggling, commercial fraud, and customs laws occurring within the operational area of Customs according to the law; transfer case files, offenders, means, and evidence of law violations within the jurisdiction of Border Guard troops; accept case files, offenders, means, and evidence of law violations within the jurisdiction of financial functional forces transferred by Border Guard troops.

3. Guide and support Border Guard troops in professional work in tax and customs affairs to serve the fight against related law violations.

4. Coordinate with the Ministry of National Defense and relevant ministries and sectors to guide and ensure special treatment for Border Guard officers as stipulated in Article 4 of this Decree.

Article 11. Responsibilities of the Ministry of Industry and Trade

1. Direct agencies and units under its authority to exchange and provide the Border Guard Corps with information and documents related to import and export activities, temporary import for re-export, re-import, transshipment, border trade, transit of goods, agency import and export activities, origin of goods transported into and out of border areas, border gates; develop border trade infrastructure.

2. Direct agencies and units under its authority to cooperate with the Border Guard Corps in ensuring safety and security for survey, research, exploration, exploitation of oil and gas, issuance of industrial explosives permits; oil pipelines, offshore oil and gas facilities.

3. Prevent and combat violations of commercial laws in border areas and border gates as prescribed by law; hand over case files, violators, means of transportation, and evidence of violations within the Border Guard Corps's jurisdiction; accept case files, violators, means of transportation, and evidence of violations from functional forces under the Ministry of Industry and Trade transferred by the Border Guard Corps.

4. Cooperate with relevant ministries, sectors, and local authorities to implement activities attracting investment and exploiting resources for organizations and individuals operating in border areas and border gates.

Article 12. Responsibilities of the Ministry of Planning and Investment

1. Coordinate with the Ministry of National Defense to compile medium-term, long-term, and annual investment plans of the Border Guard Corps according to legal provisions; identify and include projects using state budget funds and priority projects for the construction of the Border Guard Corps in the project list.

2. Monitor, inspect, and audit plans, programs, and projects on border defense execution.

3. Prioritize funding for the construction of infrastructure and barracks for Border Guard units; guide provincial People's Committees where national borders exist to establish and ensure the budget for border defense tasks of their locality.

Article 13. Responsibilities of the Ministry of Transport

1. Take the lead or coordinate to organize search and rescue operations in road, railway, inland waterway, maritime, and air traffic in border areas within its jurisdiction.

2. Take the lead and coordinate with forces under the Ministry of National Defense and related agencies and units to conduct drills for maritime security incidents in border sea areas.

3. Direct agencies and units under its authority to promptly inform the Border Guard Corps about information on road, railway, inland waterway, and maritime traffic safety and security in border areas and border gates.

4. Hand over case files, violators, means of transportation, and evidence of violations within the Border Guard Corps's jurisdiction; accept case files, violators, means of transportation, and evidence of violations from functional forces under the Ministry of Transport transferred by the Border Guard Corps.

5. Guide and support the Border Guard Corps in professional and technical work in their specialized field to serve the struggle against violations of laws in the fields of road and railway traffic occurring in border areas and border gates.

Article 14. Responsibilities of the Ministry of Agriculture and Rural Development

1. Take the lead and coordinate with the Ministry of National Defense, relevant ministries, sectors, and provincial authorities where national borders exist to build and implement plans for preventing and controlling animal and plant diseases related to both sides of the border and in border areas and border gates; manage fishing activities; prevent, detect, stop, and handle illegal fishing activities; manage, protect, and prevent forest fires; manage, exploit, and protect irrigation and dyke works; prevent and combat smuggling of agricultural materials and products, and illegal transport of wild animals.

2. Direct agencies, units, and functional forces under its authority to notify and share with the Border Guard Corps information and documents on fishing vessel data, fishing activities, forestry, and law violations by agencies, organizations, and individuals in border areas and border gates related to its managed fields.

3. Direct Fisheries Inspection Forces to cooperate with forces under the Ministry of National Defense to patrol, inspect, and control to protect national sovereignty, sovereign rights, and jurisdictional rights on Vietnam's maritime zones; ensure security and safety for marine research, conservation of marine resources, search and rescue at sea, and combat piracy and armed robbery at sea.

4. Hand over case files, violators, means of transportation, and evidence of violations within the Border Guard Corps's jurisdiction; accept case files, violators, means of transportation, and evidence of violations from functional forces under the Ministry of Agriculture and Rural Development transferred by the Border Guard Corps.

5. Guide, train, and support Border Guard officers and soldiers in professional and technical work in their specialized field to identify violations of laws in the management fields of the Ministry of Agriculture and Rural Development occurring in border areas and border gates.

6. Coordinate with provincial authorities and the Ministry of National Defense to arrange and stabilize population in border areas, resolve spontaneous migration; implement poverty reduction and economic restructuring programs, apply advanced technology for sustainable economic and social development in border areas; build new rural areas linked with the construction of the whole-people border defense and the whole-people border defense posture.

7. Direct units and functional forces under its authority to cooperate with the Border Guard Corps in handling violations of laws in fields under its jurisdiction in border areas and border gates as prescribed by law.

Article 15. Responsibilities of the Ministry of Natural Resources and Environment

1. Direct and guide subordinate agencies and units to inform the Border Guard about situations related to natural resource and environmental protection in border areas and checkpoints; exchange and provide meteorological and hydrological forecasting information to serve the Border Guard's tasks.

2. Direct functional forces under its jurisdiction to cooperate with the Border Guard in patrolling, inspecting, controlling, and handling violations of environmental laws in border areas and checkpoints; protect security and safety, and handle violations of laws concerning national meteorological and hydrological observation station facilities, equipment, and activities in border areas and checkpoints.

3. Apply preventive measures to detect, handle, and mitigate pollution and degradation of the environment and ecosystems in border areas; forecast and warn about national meteorology and hydrology, natural disasters, and disaster risk levels; inspect, supervise, rectify, and resolve consequences of environmental incidents, and conserve biodiversity in border areas.

4. Transfer case files, violators, means of transportation, and evidence within the Border Guard’s jurisdiction for handling; accept case files, violators, means of transportation, and evidence from functional forces under the Ministry of Natural Resources and Environment transferred by the Border Guard for handling.

5. Support and train Border Guard officers and soldiers to enhance their expertise in specialized work on natural resources and the environment to identify violations of laws in activities involving exploitation, utilization, and protection of natural resources and the environment, and remediation of environmental incidents in border areas according to legal provisions.

Article 16. Responsibilities of the Ministry of Information and Communications

1. Take the lead and coordinate with the Ministry of National Defense and relevant ministries and sectors to provide materials serving information dissemination and foreign information services in Vietnamese, English, Lao, Khmer, Chinese, and ethnic minority languages.

2. Direct subordinate agencies and units to connect information systems to serve defense and security purposes in border areas and checkpoints; exchange and provide necessary information and materials to the Border Guard for mobile network usage to combat crime and law violations in border areas and checkpoints; radio frequencies; telecommunications cables when requested by the Border Guard.

3. Safeguard the security of communication and telecommunication facilities; coordinate with the Ministry of National Defense to inspect, control, and handle harmful interference between wireless communication networks serving economic and social development, defense, and security.

4. Coordinate with the Ministry of National Defense to organize training and enhance the professional skills of Border Guard officers and soldiers in information security, technology equipment usage, and communication, and provide technical support for urgent information security incidents serving border defense operations upon request.

Article 17. Responsibilities of the Ministry of Health

1. Lead and coordinate with the Ministry of National Defense, relevant ministries and sectors, and provincial People's Committees along the national border to develop plans for combined military-civilian medical activities including health examinations, treatments, and disease prevention across borders and in border areas and checkpoints.

2. Direct subordinate agencies, units, and functional forces to promptly inform the Border Guard about violations of health laws in border areas and checkpoints.

3. Organize training, instruction, and enhancement of professional skills in healthcare for Border Guard officers and soldiers participating in combined military-civilian medical activities aimed at caring for, protecting, and improving the health of the people and armed forces in border areas and checkpoints.

Article 18. Responsibilities of the Ministry of Education and Training

1. To take the lead and coordinate with the Ministry of National Defense, relevant ministries and sectors, and provincial-level authorities where there are national borders to implement mechanisms and policies to support investment from the state budget and mobilize social resources for the development of education and training in border areas.

2. To direct competent agencies under its authority to implement investment projects for education and training in border areas; to guide the implementation of policies on training and incentives for Border Guard officers participating in education and training programs and projects in remote, difficult and extremely difficult border areas.

3. To train and enhance the professional skills of Border Guard officers participating in education and training programs and projects in border areas; to organize teaching of ethnic minority languages and foreign languages for Border Guard forces and functional forces in border areas and border gates.

4. To direct the Departments of Education and Training of provinces and cities with national borders to cooperate with Border Guard Command Headquarters to provide training for Border Guard officers on ethnic minority languages and pedagogical skills.

Article 19. Responsibilities of the Ministry of Culture, Sports and Tourism

1. To take the lead and coordinate with the Ministry of National Defense, relevant ministries and sectors, and provincial-level authorities where there are national borders to implement policies on preserving, promoting, and developing cultural values of ethnic communities in border areas; to organize the implementation of national tourism system planning, regional tourism areas, key tourism sites, and national tourist zones in border areas.

2. To direct competent agencies under its authority to provide Border Guard forces with information and materials on national tourist zone management, events, trade fairs, seminars, exhibitions, foreign cultural, family, sports, and tourism activities, business travel services, tourist accommodation services, and other tourism services in border areas and border gates.

3. To train and enhance the professional skills of Border Guard officers participating in national tourism promotion programs and projects in border areas; to guide and organize physical education and sports activities.

Article 20. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. To take the lead and coordinate with the Ministry of National Defense, relevant ministries and sectors, and provincial-level authorities where there are national borders to organize the implementation of the National Target Program on poverty reduction and sustainable social security, and social assistance programs and projects in border areas.

2. To train and enhance the professional skills of Border Guard officers participating in the National Target Program on sustainable poverty reduction and social assistance programs and projects in remote, difficult and extremely difficult border areas.

Article 21. Responsibilities of the Ministry of Home Affairs

1. To coordinate with the Ministry of National Defense, relevant ministries and sectors, and provincial-level authorities where there are national borders to guide the implementation of planning, plans, and programs for building a cadre of Border Guard officers participating in building the grassroots political system in border areas.

2. To coordinate with the Ministry of Finance and the Ministry of National Defense in guiding the implementation of salary policies and systems for Border Guard officers when recruited, accepted, transferred, or assigned to work in state administrative agencies and public service units according to border defense requirements.

3. To coordinate with the Ministry of National Defense to guide the implementation of state and government regulations on commendation and reward; titles and criteria for commendation titles; forms, subjects, and criteria for rewarding groups and individuals participating in border defense tasks.

4. To coordinate with the Ministry of National Defense and the Ministry of Finance to review, stipulate, and guide the implementation of special treatment systems for Border Guard officers as prescribed in Article 4 of this Decree.

Article 22. Responsibilities of the Ministry of Justice

1. Guide, monitor, urge, and inspect the work of drafting laws on border defense; coordinate with the Ministry of National Defense to monitor the implementation of laws on border defense.

2. Direct, guide, inspect, and urge the implementation of the work of inspecting, reviewing, and systematizing regulatory documents on border defense.

Article 23. Responsibilities of the Ministry of Construction

1. Take the lead and coordinate with the Ministry of National Defense, relevant ministries and sectors, provincial-level authorities where there is a national border in establishing and submitting to competent authorities for approval the planning of inter-provincial regions and special functional zones with security and defense factors in border areas and border gates.

2. Coordinate with the Ministry of National Defense in guiding and inspecting the implementation of important investment construction projects and key national works in border areas and border gates in accordance with the law.

Article 24. Responsibilities of the Ministry of Science and Technology

1. Coordinate with the Ministry of National Defense, relevant ministries and sectors, provincial-level authorities where there is a national border in implementing the five-year and annual scientific and technological development directions, goals, and tasks, promoting the development of the defense and security sector, management, and protection of the national border in key areas based on applying, innovating, and mastering technology, developing new and high technologies.

2. Coordinate with the Ministry of National Defense in guiding the preparation of plans for researching and applying science and technology to serve the development of technical infrastructure in border areas and border gates and the function of managing and protecting the national border.

Article 25. Responsibilities of Ministries at the equivalent level

a) To take the lead and coordinate with the Ministry of Planning and Investment, the Ministry of Finance, and relevant central ministries and agencies, as well as localities, to compile plans for allocating medium-term and annual development investment capital and public service capital from the central state budget to implement projects, sub-projects, and components of the Program for central ministries, agencies, and localities in accordance with the principles, criteria, and standards set out in this Decision.

a) Coordinate with the Ministry of National Defense and relevant ministries and sectors in building and submitting to competent authorities for issuance policies on ethnic groups, special policies, programs, projects, and proposals for socio-economic development to support poverty reduction in communes, villages, and hamlets with difficult economic and social conditions, particularly those in minority ethnic areas in border regions;

b) Coordinate with the Ministry of National Defense in implementing policies towards influential people among ethnic minorities to mobilize the masses to protect border security, build新农村发展规划不宜直接翻译为“new rural development plan”,更准确的应是“implement new rural development initiatives”。但根据规则,此处仅翻译给出的内容,不做任何解释或调整。因此,继续按原文进行翻译:

c) Coordinate with the Ministry of National Defense to consolidate and strengthen friendly relations among ethnic minorities along the border line; organize exchanges and experience sharing between representatives of ethnic minorities and influential people among ethnic minorities in border regions to contribute to enhancing people's diplomacy, building the people's heart fortress.

2. Ministries at the equivalent level shall, based on their functions, tasks, powers, and scope of state management under their responsibility, coordinate with the Ministry of National Defense and provincial-level authorities to implement border defense tasks as stipulated in Article 10 and Article 32 of the Law on Border Defense of Vietnam.

Article 26. Responsibilities of local authorities at all levels where there is a national border

1. People's Councils and People's Committees at all levels shall issue regulatory documents on border defense within their authority or submit them to competent authorities for issuance.

2. People's Councils at all levels: Implement responsibilities assigned according to the provisions of Clause 1, Article 33 of the Law on Border Defense of Vietnam.

3. Responsibilities of People's Committees at all levels

a) Prepare budgets to be submitted to the same-level People's Council to ensure funding from various sources for the execution of border defense tasks, building a people's border defense foundation, a people's border defense posture of the locality, and the Border Guard Force;

b) Take the lead and coordinate with relevant ministries and sectors in implementing socio-economic development programs and projects in border areas; implementing the building of a people's border defense foundation, a people's border defense posture, and the People's Border Defense Day in border areas;

c) Take the lead and coordinate with the Ministry of Public Security, the Ministry of National Defense, and related agencies in handling security and public order situations in border areas in accordance with the law; coordinate with the Ministry of National Defense in handling military and defense situations in border areas;

d) Take the lead in mobilizing forces and means in the locality to carry out search and rescue operations in border areas in accordance with the law. Coordinate with ministries, agencies at the equivalent level, and related agencies to organize the mobilization of civilian forces to participate in prevention, response, and mitigation of accidents, natural disasters, disasters, climate change, and epidemics;

đ) Take the lead and coordinate with military units and public security organs in building mass movements to participate in protecting sovereignty, territory, and the national border, maintaining security and public order, and social safety in border areas and border gates;

e) Direct functional agencies under their authority to coordinate with the Border Guard Force in patrolling, inspecting, controlling, and protecting the border line, the national boundary marker system, border works, and border gates; maintaining security and public order, social safety, combating crime, and law violations in border areas and border gates in accordance with the law;

g) Coordinate with the Ministry of National Defense and the Border Guard Force in implementing economic, cultural, scientific, and technological development programs, and foreign affairs in border areas; implementing rear services and military policies;

h) Organize the implementation of land allocation, land leasing, and support for housing, employment, and other policies for officers, professional soldiers, workers, and civil servants of the Border Guard Force who settle permanently in border and island areas in accordance with Clause 1, Article 4 of this Decree.

Article 27. Responsibilities of People's Committees at all levels in areas without national borders

1. Coordinate with the Ministry of National Defense, Border Guard Force, relevant agencies, and organizations to implement border defense tasks, build a people's border defense foundation, and a strong people's border defense posture.

2. Effectively implement the People's Border Defense Day in their respective localities.

3. Coordinate with military units to implement the rear support policy for the military.

Chapter IV
IMPLEMENTING PROVISIONS

Article 28. Effective Date and Transitional Provisions

1. This Decree takes effect from January 21, 2022.

2. Decree No. 02/1998/NĐ-CP dated January 6, 1998, of the Government detailing the implementation of certain provisions of the Border Guard Ordinance shall cease to be effective from the date this Decree takes effect; however, Article 12 of Decree No. 02/1998/NĐ-CP shall continue to be enforced until it is abolished or replaced by another regulatory legal document.

3. Clause 6 of Circular No. 2866/1998/TT-BQP dated September 12, 1998, issued by the Minister of National Defense guiding the implementation of Decree No. 02/1998/NĐ-CP; Joint Circular No. 2076/TTLT-BQP-BLDTBXH-BTC dated July 8, 1998, of the Ministry of National Defense, Ministry of Labor, Invalids and Social Affairs, and Ministry of Finance on implementing certain policies for the Border Guard; Joint Circular No. 35/2004/TTLT-BQP-BLDTBXH-BTC dated March 24, 2004, of the Ministry of National Defense, Ministry of Labor, Invalids and Social Affairs, and Ministry of Finance on amending and supplementing certain points in Joint Circular No. 2076/TTLT-BQP-BLDTBXH-BTC dated July 8, 1998, of the Ministry of National Defense, Ministry of Labor, Invalids and Social Affairs, and Ministry of Finance on implementing certain policies for the Border Guard shall continue to be enforced until new regulations and policies for Border Guard officers and soldiers are issued.

Article 29. Responsibility for Implementation

The Minister, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees, relevant agencies, organizations, and individuals are responsible for enforcing this Decree./.


Place of Receipt:
- Central Party Committee Secretariat;
- Prime Minister, Deputy Prime Ministers;
- Ministries, ministerial-level agencies, and agencies under the Government;
- Provincial People's Councils, People's Committees of centrally governed cities;
- Central Party Office and Party Committees;
- General Secretary's Office;
- President's Office;
- Ethnic Council and Committees of the National Assembly;
- National Assembly's Office;
- Supreme People's Court;
- Supreme People's Procuracy;
- State Audit Office;
- National Financial Supervisory Commission;
- Social Policy Bank;
- Vietnam Development Bank;
- Vietnam Fatherland Front Central Committee;
- Central Agencies of Social Organizations;
- VPCP: Deputy Chairman, all Vice Chairmen, Assistants to the Prime Minister, Director of the Government Portal, all Departments, Bureaus, subordinate units, Official Gazette;
- To be filed; VT, NC (2)

PRIME MINISTER
PRIME MINISTER

(Signed)


PHAM MINH CHINH

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