Decision No. 108/2008/QD-TTg stipulates the functions, tasks, powers, and organizational structure of the National Border Committee under the Ministry of Foreign Affairs.

Pursuant to …;

Regulations on functions, tasks, powers, and organizational structure

of the National Border Committee under the Ministry of Foreign Affairs

_________________________

PRIME MINISTER

  Pursuant to the Law on Government Organization dated December 25, 2001;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 15/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;.

Considering the proposal of the Minister of Foreign Affairs,

DECISION:

Article 1. Position and Functions

1. The National Border Commission is an agency under the General Department level directly subordinate to the Ministry of Foreign Affairs, assisting the Minister of Foreign Affairs in performing state management functions over national borders and territorial sovereignty.

2. The National Border Commission has legal personality, bears the State Emblem seal, and is entitled to open accounts at the State Treasury in accordance with the provisions of the law, with its headquarters located in Hanoi City.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Submit draft laws, ordinances, draft resolutions, decrees of the Government, decisions, directives of the Prime Minister, strategies, programs, long-term plans, five-year plans, annual plans, and other important projects concerning national borders and territorial sovereignty to the Minister of Foreign Affairs for submission to competent authorities for decision.

2. Submit to the Minister of Foreign Affairs for issuance of legal regulatory documents concerning national borders and territorial sovereignty within its authority.

3. Assist the Minister of Foreign Affairs in directing, guiding, inspecting, urging, and being responsible for organizing the implementation of legal regulatory documents, policies, strategies, planning, programs, and plans on border work and territorial sovereignty after approval.

4. Study, synthesize, evaluate, and inspect the situation of border and territorial management, airspace, maritime zones, islands, and the continental shelf of Vietnam; forecast and propose guidelines, policies, and appropriate management measures.

5. Study and propose for the Minister of Foreign Affairs to submit to the Government and the Prime Minister to determine the national borders, maritime zones, and continental shelf of Vietnam; determine the scope of sovereignty, sovereign rights, and jurisdictional rights of Vietnam over airspace, maritime zones, islands, the continental shelf, and the seabed.

6. Study and propose guidelines for signing, ratifying, and participating in the organization of implementation of international treaties related to national borders and territorial sovereignty.

7. Lead negotiations to resolve border and territorial issues with relevant countries upon authorization by the Minister of Foreign Affairs.

8. Lead the drafting of national border demarcation schemes, determining the boundaries of airspace, maritime zones, and the continental shelf of Vietnam with neighboring countries for submission to competent authorities for approval.

9. Assist the Minister of Foreign Affairs in directing, guiding, organizing the implementation, and inspecting the delimitation and erection of boundary markers based on international treaties on national borders signed between the Socialist Republic of Vietnam and neighboring countries.

10. Lead the drafting of border regulations with neighboring countries and organize guidance and monitoring of the implementation of border regulations that have been signed.

11. Lead and coordinate with Ministries, ministerial-level agencies, government agencies, provincial People's Committees, and municipal People's Committees directly under the central government (hereinafter referred to as Ministries, sectors, localities) to implement inspections, monitoring, synthesis of situations, and handling disputes in border areas on land, airspace, maritime zones, islands, and the continental shelf of Vietnam.

12. Coordinate with Ministries, sectors, and localities to advise the Government on the development and implementation of projects and programs related to economic and social development, national defense, and security concerning borders, territorial sovereignty, sovereign rights, and jurisdictional rights.

13. Conduct inspections, investigations, handle complaints and denunciations; prevent and combat corruption, waste, and handle violations in border and territorial work according to the provisions of the law.

14. Handle or guide handling, upon authorization by the Minister of Foreign Affairs, issues arising from activities of Ministries, sectors, and localities related to national sovereignty, sovereign rights, and interests on land, airspace, maritime zones, islands, the continental shelf, and the seabed.

15. Implement international cooperation related to national borders and territorial sovereignty according to the provisions of the law.

16. Review maps and publications related to national borders, maritime zones, islands, and the continental shelf of Vietnam before publication and distribution.

17. Request Ministries, sectors, and localities related to borders, seas, and islands to report periodically or urgently on the situation of border management, airspace, maritime zones, islands, and the continental shelf; provide necessary materials for synthesis, reporting, or resolution according to the authorization of the Minister of Foreign Affairs.

18. Organize propaganda and guidance on laws regarding border and territorial management; provide professional guidance to border staff in Ministries, sectors, and localities.

19. Manage organizational structures, staffing, finance, and assets assigned according to the provisions of the law and the delegation of the Ministry of Foreign Affairs.

20. Perform the tasks and powers of the Permanent Office of the State Steering Committee for the South China Sea and Islands, the State Steering Committee for Delimitation and Erection of Boundary Markers on Land Borders, and other tasks as delegated or authorized by the Minister of Foreign Affairs.

đ) Based on the regulations on the delegation of organizational and cadre management, the Director of the Department decides or submits to the competent authority for decisions regarding the appointment and dismissal of heads and deputy heads of units under the Department according to the position standards set by the provincial people's committee;

1. Department of Sino-Vietnamese Border.

2. Department of Western Border.

3. Department of Sea.

4. Information, Publicity, and Documentation Division

5. Office.

These organizations assist the Director of the National Border Commission in performing state management functions.

The issuance of working regulations, detailed functions, tasks, powers, organizational structure, appointment, and removal of heads and deputy heads of units under the Commission shall be carried out according to the provisions of the law and the delegation of the Minister of Foreign Affairs.

The staffing of the National Border Commission is decided by the Minister of Foreign Affairs within the total staffing of the Ministry of Foreign Affairs.

Article 4. Leadership of the Committee

1. The National Border Commission has a Director and not more than three Deputy Directors.

2. The Director of the Commission is appointed and removed by the Minister of Foreign Affairs and is accountable to the Minister of Foreign Affairs for all activities of the Commission.

The Minister of Foreign Affairs appoints a Vice Minister to serve as the Chairman of the National Border Committee.

3. Deputy Directors of the Committee shall be appointed and removed by the Minister of Foreign Affairs upon the recommendation of the Director of the Committee and shall be responsible to the Director of the Committee for the areas of work assigned.

Article 5. Effectiveness and responsibility for implementation

1. This Decision shall take effect fifteen days from the date of publication in the Official Gazette, replacing Decision No. 126/2007/QĐ-TTg dated August 1, 2007 of the Government Chairman on the functions, tasks, powers, and organizational structure of the National Border Committee under the Ministry of Foreign Affairs.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees directly under the Central Government, Chairmen of the National Border Committee, and related agencies and organizations are responsible for implementing this Decision./.