Decree No. 114/2017/NĐ-CP stipulates the principles and criteria for classifying Border Guard Posts in remote areas. The document applies to all levels of Border Guards and relevant agencies involved in criminal investigation activities.
适用范围
["All levels of Border Guards", "Relevant agencies, organizations, and individuals"]
要点
- "Remote areas" refer to places with sparse population, backward economy, and difficult transportation (Article 3).
- Determining Border Guard Posts in remote areas must be consistent with judicial reform requirements and meet the criteria specified in Article 5 (Article 4).
- Criteria for determining Border Guard Posts in remote areas include complex terrain, high regional allowances, and significant security positions (Article 5).
- The Minister of National Defense decides the list of Border Guard Posts in remote areas based on the provisions of Articles 4 and 5 of this Decree (Article 6.2.a).
- The Minister of National Defense directs the provision of necessary conditions to ensure the criminal investigation powers of Border Guard Posts in remote areas (Article 6.2.b).
🌐 本文件的社会影响
- "Remote areas" are clearly defined to establish appropriate support policies for these regions.
- Determining Border Guard Posts in remote areas provides a legal basis for exercising criminal investigation powers in difficult areas.
- Criteria for determining Border Guard Posts in remote areas enhance the effectiveness of management and territorial protection work.
❓ 常见问题
What is meant by "remote areas"?
"Remote areas" refer to places with sparse population, backward economy, and difficult transportation (Article 3).
What are the criteria for determining Border Guard Posts in remote areas?
The criteria include complex terrain, high regional allowances, and significant security positions (Article 5).
Who decides the list of Border Guard Posts in remote areas?
The Minister of National Defense decides based on the provisions of Articles 4 and 5 of this Decree (Article 6.2.a).
What are the criteria for determining Border Guard Posts in remote areas?
The criteria include complex terrain, high regional allowances, and significant security positions (Article 5).
What responsibilities does the Minister of National Defense have in implementing this Decree?
The Minister directs the provision of necessary conditions to ensure the criminal investigation powers of Border Guard Posts in remote areas (Article 6.2.b).
全文
DECREE
Regulations on Border Guard Posts in Remote Areas
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on the Organization of Criminal Investigation Agencies dated November 26, 2015;
Pursuant to the Law on National Borders dated June 17, 2003;
Pursuant to the Ordinance on Border Guard dated March 28, 1997;
"Based on the proposal of the Minister of National Defense;"
The Government promulgates this Decree stipulating regulations on Border Guard Posts in remote areas.
Article 1. Scope of Regulation
This Decree stipulates principles and criteria for determining Border Guard Posts in remote areas.
Article 2. Applicability
1. Border Guard units at all levels.
2. Agencies, organizations, and individuals related to criminal investigation activities within the jurisdiction of the Border Guard Post Commander in remote areas.
Article 3. Explanation of Terms
In this Decree, the following terms are understood as follows:
1. "Remote areas" refer to sparsely populated regions deep in forests, mountains, or flooded areas, far from economic, cultural centers, with inconvenient transportation and difficult access, typically lagging economically and underdeveloped.
Article 4. Principles for Determining Border Guard Posts in Remote Areas
1. The determination of Border Guard Posts in remote areas must be consistent with the requirements of judicial reform programs.
2. Meeting the criteria for determining Border Guard Posts in remote areas as specified in Article 5 of this Decree.
Article 5. Criteria for Determining Border Guard Posts in Remote Areas
Border Guard Posts in remote areas are those posts that meet one of the following criteria:
2. Stationed and managing mountainous and island communes with regional allowances of 0.2 or higher and special allowances of 30% or higher as prescribed by competent state agencies.
3. Stationed and managing communes, wards in critical areas concerning political security, public order, and social safety.
Article 6. Implementation Provisions
1. This Decree takes effect from January 1, 2018.
2. Delegate the Minister of National Defense:
a) Based on the provisions of Articles 4 and 5 of this Decree, decide on the List of Border Guard Posts in remote areas.
b) Direct and ensure necessary conditions for the criminal investigation powers of Border Guard Posts in remote areas.
c) Annually, based on the socio-economic development situation of provinces and centrally-administered cities with borders; demands for crime prevention and suppression work of the Border Guard, decide to supplement or remove Border Guard Posts from the List of Posts in remote areas.
3. The Minister of National Defense, Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial and centrally-administered city People's Committees, Heads of relevant agencies and individuals shall be responsible for implementing this Decree./.
PRIME MINISTER
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