Decision No. 126/2007/QĐ-TTg On the functions, tasks, powers, and organizational structure of the National Border Committee under the Ministry of Foreign Affairs

Article 1. Position and Functions

1. The National Border Committee is an agency at the general department level under the Ministry of Foreign Affairs, responsible for assisting the Minister of Foreign Affairs in performing state management functions over national borders and territorial sovereignty.

2. The National Border Committee has legal personality, bears the seal with the State Emblem; it is entitled to open an account at the State Treasury in accordance with the provisions of the law; its headquarters is 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;

The National Border Committee is responsible for assisting the Minister of Foreign Affairs in performing the following tasks and authorities:

1. Studying, compiling, evaluating the situation of border and territorial management, airspace, maritime zones, islands, and the continental shelf of Vietnam; forecasting and proposing policies and appropriate management measures.

2. Studying and proposing to the Minister of Foreign Affairs for submission to the Government,

3. Studying and proposing policies on signing, ratifying, and participating in implementing international treaties related to borders and territories. Leading negotiations to resolve border and territorial issues with neighboring countries upon authorization from the Minister of Foreign Affairs.

4. Drafting plans for delineating national borders, determining boundaries of airspace, maritime zones, and the continental shelf of Vietnam with neighboring countries, and submitting them to competent authorities for approval.

5. Directing, guiding, and organizing the implementation of boundary demarcation and marker placement based on international treaties on national borders signed between the Socialist Republic of Vietnam and neighboring countries.

6. Drafting border regulations with neighboring countries and organizing guidance on their implementation after they have been signed.

7. Leading or participating in drafting and proposing policies and regulatory documents on border and territorial management, airspace, maritime zones, islands, the continental shelf, and the seabed of Vietnam for the Minister of Foreign Affairs to consider promulgation or submission to the Government.

8. Leading and coordinating with relevant 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, and localities) to implement inspections, monitoring, compiling situations, and resolving disputes in border areas on land, airspace, maritime zones, islands, and the continental shelf of Vietnam.

9. Handling or guiding handling, upon authorization from the Minister of Foreign Affairs, issues arising from activities of ministries, sectors, and localities related to sovereignty, sovereign rights, and national interests on land, airspace, maritime zones, islands, the continental shelf, and the seabed.

10. Implementing international cooperation related to national borders and territorial sovereignty in accordance with the provisions of the law.

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

12. Requesting regular or ad hoc reports from relevant ministries, sectors, and localities regarding the management of national borders, airspace, maritime zones, islands, and the continental shelf; providing necessary materials for compiling reports or resolving issues upon authorization from the Minister of Foreign Affairs.

13. Organizing propaganda and guidance on laws related to border and territorial management; providing professional guidance to border officials in ministries, sectors, and localities.

14. Managing personnel, civil servants, and material assets of the Committee in accordance with state regulations and the delegation of authority by the Minister of Foreign Affairs.

15. Managing allocated funds and assets in accordance with the provisions of the law.

16. Performing the tasks and authorities of the Permanent Office of the State Steering Committee for the South China Sea and Islands, the Government Steering Committee for Boundary Delimitation and Marker Placement on Land Borders, and other tasks delegated or assigned 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. The National Border Committee has a Director and Deputy Directors.

The Director of the National Border Committee is a Deputy Minister of Foreign Affairs appointed by the Prime Minister upon the proposal of the Minister of Foreign Affairs and is accountable to the Minister of Foreign Affairs for all activities of the Committee.

2. The National Border Committee has the following functional units:

a) Department of Vietnam-China Border;

b) Department of Western Border;

c) Department of Sea;

d) Department of Propaganda, Information, and Documentation;

e) Office.

3. The functions, tasks, authorities, and staffing of the units mentioned in Clause 2 of this Article shall be implemented in accordance with the provisions of the Government and the delegation of management by the Minister of Foreign Affairs.

4. The staffing of cadres, civil servants, and public officials of the National Border Committee is decided by the Minister of Foreign Affairs within the total staffing of the Ministry of Foreign Affairs.

Article 4. Effective date

This Decision takes effect fifteen days after its publication in the Official Gazette. Previous regulations that conflict with this Decision are hereby abolished.

Article 5. Responsibilities for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial people's committees directly under the central government, Directors of the National Border Committee, and related agencies and organizations are responsible for implementing this Decision.