Decree No. 140/2004/ND-CP detailing certain provisions of the National Border Law

DECREE

Detailed Provisions on Certain Articles of the National Border Law

_______________________

THE GOVERNMENT

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

Pursuant to the Law on National Border dated June 17, 2003;

At the proposal of the Minister of National Defense,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree provides detailed provisions on certain articles of the National Border Law regarding construction, management, protection of national borders and border areas; ensuring budget for construction, management, and protection of national borders and border areas; and the responsibility of state management over national borders of the Socialist Republic of Vietnam.

Article 2. Subjects Subject to Compliance with Laws on Borders

Agencies, organizations, individuals from Vietnam and foreign countries residing, operating related to national borders and border areas shall be responsible for complying with the provisions of the National Border Law, this Decree, and other relevant laws of Vietnam; in cases where international treaties to which Vietnam is a party provide different provisions, such treaties shall apply.

Article 3. National Borders

1. The national border of the Socialist Republic of Vietnam is the line and vertical plane along that line to determine the limits of land territory, islands, island groups including the Paracel Islands and Spratly Islands, maritime zones, subsoil, airspace of the Socialist Republic of Vietnam.

2. The line specified in Clause 1 of this Article includes the national border on land and the national border at sea.

3. The vertical plane specified in Clause 1 of this Article includes the vertical plane along the national border on land, the national border at sea extending down to the subsoil and up to the airspace.

Article 4. National Border on Land

The national border on land between the Socialist Republic of Vietnam and neighboring countries is determined by a system of national boundary markers, Treaties on delimitation of borders between Vietnam and neighboring countries, and maps and protocols attached to those Treaties.

Article 5. National Border at Sea

1. The national border at sea is the outer limit of territorial waters of the mainland, islands, and island groups of Vietnam. In places where territorial waters, internal waters, or historical waters of Vietnam adjoin those of neighboring countries, the national border at sea is determined according to international treaties concluded between Vietnam and those neighboring countries.

2. The national border at sea is determined and marked by coordinates on nautical charts in accordance with Vietnamese law and international treaties to which Vietnam is a party.

Article 6. Territorial Waters

1. Vietnam's territorial waters are a zone of twelve nautical miles measured from the baseline outward; in cases where international treaties concluded between Vietnam and neighboring countries provide otherwise, such treaties shall apply. Vietnam's territorial waters include:

a) Territorial waters of the mainland;

b) Territorial waters of islands and island groups of Vietnam.

2. The Socialist Republic of Vietnam exercises full and complete sovereignty over its territorial waters, as well as over the airspace, seabed, and subsoil beneath the territorial waters.

3. Foreign ships passing through Vietnam's territorial waters without causing harm must not prejudice the peace, security, public order, or ecological environment of the Socialist Republic of Vietnam, in accordance with Vietnamese law and international treaties to which Vietnam is a party.

Article 7. Outer Limits of the Contiguous Zone, Exclusive Economic Zone, and Continental Shelf

1. The outer limit of the contiguous zone is a line each point of which is equidistant from the nearest point of the baseline from which the breadth of the territorial sea is measured, being twenty-four nautical miles therefrom.

2. The outer limit of the exclusive economic zone is a line each point of which is equidistant from the nearest point of the baseline from which the breadth of the territorial sea is measured, being two hundred nautical miles therefrom.

3. The outer limit of the continental shelf is the outer edge of the continental margin. Where the outer edge of the continental margin is less than two hundred nautical miles from the baseline from which the breadth of the territorial sea is measured, the outer limit of the continental shelf may extend up to two hundred nautical miles.

4. Where the contiguous zone, exclusive economic zone, or continental shelf of Vietnam overlaps with those of neighboring countries, the outer limits of these zones are determined according to international treaties concluded between Vietnam and those neighboring countries.

5. The outer limits of the contiguous zone, exclusive economic zone, and continental shelf are determined and marked by coordinates on nautical charts in accordance with Vietnamese law and international treaties to which Vietnam is a party.

Article 8. Border Areas

1. The extent of the border area on land extends from the national border on land to the administrative boundaries of communes, wards, towns whose administrative boundaries coincide with the national border on land.

2. The extent of the border area at sea extends from the national border at sea to the administrative boundaries of coastal communes, wards, towns, and islands, island groups.

3. A list of communes, wards, towns in the border area on land and the border area at sea is provided in Government Decrees establishing regulations for border areas; in cases where there are changes in the administrative boundaries of communes, wards, towns in border areas, appropriate amendments and supplements shall be made.

4. All activities of persons and means of transport; management, protection, maintenance of security, social order and safety in border areas shall be carried out in accordance with the Decree on regulations for border areas and other relevant legal documents.

Chapter II

CONSTRUCTION, MANAGEMENT, AND PROTECTION OF NATIONAL BORDERS AND BORDER AREAS

Article 9. Construction of Border Works

1. Border works are prioritized for investment and construction according to plans, including works to fix the border line and works serving the management and protection of national borders.

2. Works to fix the national border line are planned by ministries, sectors, provincial People's Committees under the Central Government and submitted to the Government for decision.

3. Works serving the management and protection of national borders are planned by the Ministry of Defense and submitted to the Government for decision.

Article 10. National Boundary Markers

1. The national boundary markers shall be established in accordance with the provisions of Vietnamese law and international treaties on borders that have been signed with neighboring countries to mark the national border on the ground and shall be maintained and protected in their designated position, shape, size, symbol, lettering, and color.

2. When discovering or receiving information about damage, loss, or displacement of national boundary markers, the nearest border guard post must carry out necessary procedures to promptly address the situation while immediately notifying the relevant border protection agencies of the neighboring country to resolve the issue according to the authority stipulated in the Border Agreement.

3. The re-establishment, restoration, repair, and maintenance of national boundary markers shall be carried out in accordance with Vietnamese law and international treaties signed with neighboring countries.

Article 11. Investment and development of the economy and society in border areas

1. Investment in construction and economic and social development in border areas shall be implemented in accordance with the policy, strategy, and planning for economic and social development at each stage as prescribed by the State to improve the material and spiritual life of the people and strengthen national defense and security.

2. Each year, relevant ministries, ministerial-level agencies, governmental agencies, and provincial/municipal people's committees with national borders within their functions, tasks, and authorities shall develop plans for investment in construction to implement the strategy for economic and social development and to strengthen national defense and security in border areas and submit them to the Government.

Article 12. Building the grassroots political system in border areas

1. The grassroots political system in border areas must be continuously consolidated and strengthened in accordance with the policies and guidelines of the Party and the State to ensure effective performance of leadership, management functions, and the construction and management of the border area and the protection of the national border.

2. The cadre workforce in border areas shall be selected, trained, and educated to enhance their leadership and management capabilities in line with the requirements of economic and social development and national defense and security; priority shall be given to training and educating cadres from ethnic minorities and those from lowland areas who are willing to work long-term in border areas.

3. The Ministry of Home Affairs and the Committee for Ethnic Minorities, within their respective functions, tasks, and authorities, shall take the lead and coordinate with the Ministry of National Defense and other relevant ministries and sectors to study and propose plans for building the grassroots political system and training the cadre workforce in each border area to be submitted to the Prime Minister for decision.

Article 13. Population resettlement in border areas

1. Population resettlement in border areas shall be planned in accordance with the overall plan for economic and social development, natural conditions, characteristics, and features of each region, ethnic group, and locality; labor resources shall be mobilized and utilized reasonably to create material wealth and goods for consumption, export, and to meet the needs of border area construction, management, and protection.

2. The State shall adopt appropriate policies to encourage stable settlement of the population in border areas; it shall encourage long-term working cadres and volunteers to settle in border areas, especially in difficult areas.

3. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with relevant ministries, sectors, and provincial/municipal people's committees with national borders to research and develop plans for population resettlement in border areas to be submitted to the Prime Minister for decision.

Article 14. National Border Guard Day

1. March 3 is National Border Guard Day, organized annually throughout the country. Activities include:

a) Educating awareness of laws regarding the national border, respecting the border and territorial sovereignty, the sense of responsibility of all levels, sectors, officials, employees of organizations, military personnel, and the entire population; particularly officials, employees of organizations, military personnel, local authorities, and residents in border areas in the construction, management, and protection of the national border and border areas.

b) Mobilizing all sectors and localities to focus on border areas, actively participating in building comprehensive potential in border areas, creating the strength of the entire population to assist border guards and other units of the People's Armed Forces and functional agencies in border areas in the construction, management, and protection of the national border, maintaining public security and social order in border areas.

c) Building a peaceful, friendly, and stable border relationship with neighboring countries, coordinating both sides of the border in managing and protecting the national border and preventing crime.

2. Heads of all levels, sectors, and localities shall be responsible for organizing the implementation of National Border Guard Day in accordance with the Government's directives and the guidance of the Ministry of National Defense.

3. The Border Guard Command shall be responsible for advising the Ministry of National Defense to direct and guide all levels, sectors, and localities in organizing the implementation of National Border Guard Day.

Article 15. Building a nationwide border defense foundation and border defense posture

1. The nationwide border defense foundation and border defense posture shall be built strong based on the establishment of the political system; economic and social development; strengthening and consolidating national defense and security in border areas; creating a defensive posture to protect the country, manage and protect the national border, and maintain public security and social order in border areas.

2. The nationwide border defense foundation and border defense posture shall be integrated into the nationwide defense foundation and posture and the people's security posture.

3. Heads of all levels, sectors, and localities shall be responsible for organizing the construction of the nationwide border defense foundation and border defense posture according to the guidance of the Ministry of National Defense.

4. The Border Guard Command shall be responsible for advising the Ministry of National Defense and guiding all levels, sectors, and localities in organizing the implementation.

Article 16. Building the core force specialized in managing and protecting the national border

1. The Border Guard Force shall be built towards being revolutionary, regular, elite, gradually modern, politically strong, proficient in specialized tasks, well-versed in laws and foreign affairs work to meet the requirements for managing and protecting the national border in all situations.

2. The Ministry of National Defense assists the Government in implementing state management over the construction and operation of the Border Guard Force. The Border Guard Command directly manages, commands, and builds the Border Guard Force to perform its functions and tasks of managing and protecting the national border, maintaining security, order, and social safety in border areas in accordance with the law.

Article 17. Management and protection of the national border and border areas

1. Management and protection of the national border and border areas aim to ensure the inviolability of the national border, maintain sovereignty, territorial integrity, and security, order, and social safety in border areas; build a peaceful, friendly, and long-term stable border with neighboring countries.

2. The national border, national boundary markers, and border areas shall be managed and protected in accordance with the provisions of the Law on National Border, this Decree, decrees on border area regulations, customs regulations, agreements on national border regulations, and other legal documents and international treaties to which Vietnam is a party.

Article 18. Resolution of border issues

1. Matters concerning the resolution of border and territory issues related to neighboring countries shall be resolved through negotiations in accordance with the law and the directives of the Government.

2. It is strictly prohibited to arbitrarily agree to modify the national border or alter the national border.

Article 19. Responsibilities for managing and protecting the national border and border areas

1. Managing and protecting the national border is the responsibility of the State, agencies, organizations, armed forces, authorities at all levels, and the entire people, directly and continuously being the authorities and people in border areas.

2. Agencies, organizations, and individuals have the obligation and responsibility to respect the national border, strictly comply with and implement the law on the national border; actively participate in protecting the national border, maintaining security, order, and social safety in border areas; cooperate and assist the Border Guard Force in combating acts that infringe upon sovereignty, territory, the national border, security, order, and social safety in border areas.

3. When performing the task of protecting the national border, units under the People's Armed Forces must base their actions on their functions, tasks, and powers as stipulated by the Law on National Border and relevant laws on the national border.

4. The Border Guard Force is the core, specialized force, leading and coordinating with the Public Security Force, relevant sectors, and localities in activities of managing and protecting the national border, maintaining security, order, and social safety in border areas.

5. The Navy and Coast Guard Forces are responsible for coordinating with the Border Guard Force in managing and protecting the national border at sea.

6. The Air Defense-Air Force Forces are responsible for managing and protecting the national border in the air and coordinating with the Border Guard Force in protecting the national border at sea.

7. Units under the People's Armed Forces performing tasks in border areas are responsible for coordinating with the Border Guard Force and the Air Defense-Air Force Forces in protecting the national border. The Ministry of National Defense shall specify the specific scope of responsibilities and coordination regulations among forces under its command in managing and protecting the national border.

Article 20. Customs and activities at customs

1. The opening of customs, places for crossing the border, upgrading customs, closing customs; determining and announcing land routes, railway routes, inland waterways, maritime routes, and air routes for transit shall be carried out in accordance with Vietnamese law and international treaties signed with neighboring countries.

2. Activities of entry, exit, import, export, transit, and crossing the national border of residents in border areas at customs shall be conducted in accordance with the customs regulations prescribed by the Government and relevant laws.

Article 21. Control and ensuring security and order at customs

1. At land border customs, railway border customs, inland waterway border customs, maritime border customs (seaports), and air border customs, competent agencies shall carry out control of entry, exit, import, export, transit, and crossing the border in accordance with the law.

a) At land border customs, railway border customs, inland waterway border customs, and maritime border customs (seaports) in border areas, the Border Guard Force shall lead and coordinate with relevant forces to manage and protect security, order, and social safety in the customs area.

b) At air border customs, the security agency of the Ministry of Public Security shall lead and coordinate with relevant agencies to manage and protect security, order, and social safety in the customs area.

2. Competent agencies managing state administration at customs shall perform their duties and powers in accordance with the law.

Article 22. Systems and policies to ensure the construction, management, and protection of the national border and border areas

1. Systems and policies to ensure the construction, management, and protection of the national border and border areas include:

a) Systems and policies for persons directly involved and those participating in the construction, management, and protection of the national border;

b) Social systems and policies for ethnic minorities in border areas;

c) Preferential investment systems and policies for economic and social development in border areas;

d) Systems and policies to ensure defense and security in border areas.

2. Ministries and sectors within their functional, task, and power scope shall be responsible for supplementing and perfecting the systems and policies stipulated in Clause 1 of this Article and submit them to the competent authority for decision.

Article 23. Financial resources to ensure the construction, management, and protection of the national border and border areas

1. Financial sources ensuring the construction, management, and protection of borders and border areas include the state budget (central budget and local budget) and other revenues as prescribed by law.

2. The state budget ensures the construction, management, and protection of borders and border areas, including:

a) Economic, cultural, and social development in border areas;

b) Border construction projects;

c) Management, protection activities, maintenance of public security, order, and social safety in border areas;

d) Implementation of policies for individuals directly involved in and participating in the construction, management, and protection of borders.

Article 24. Allocation of budgetary tasks for national border construction, management, and protection, and border areas

1. The central budget ensures the tasks of national border construction, management, and protection carried out by central agencies and units.

2. The local budget ensures the tasks of national border construction, management, and protection carried out by localities.

Article 25. Preparation and settlement of the national border construction, management, and protection budget

The preparation, implementation, and settlement of the budget for national border construction, management, and protection shall be carried out in accordance with the provisions of the State Budget Law.

Chapter III

STATE MANAGEMENT OF NATIONAL BORDERS

Article 26. Responsibilities of the Ministry of National Defense

1. Lead and coordinate with the Ministry of Foreign Affairs and the Ministry of Public Security to guide and direct provincial People's Committees under the Central Government to implement state management of national borders;

2. Coordinate with the Ministry of Foreign Affairs to perform negotiation tasks to resolve issues related to border territories;

3. Lead and coordinate with relevant ministries and sectors to study, propose, and direct the implementation of strategies and policies on borders;

4. Lead and coordinate with the Ministry of Public Security to perform tasks of managing and protecting national borders, maintaining public security, order, and social safety in border areas;

5. Lead and coordinate with relevant ministries and sectors to organize the drafting of legal regulations on borders, policies for border management forces, and submit them to competent authorities for decision-making and issuance of guiding documents;

6. Build a strong Border Guard Force, ensuring centralized and unified command; train and enhance professional, military, legal, and diplomatic skills to fulfill the core role in managing and protecting national borders, maintaining public security, order, and social safety in border areas;

7. Study and apply science and technology to serve border management and protection; propose the Government to direct the construction of border demarcation works and facilities serving border management and protection activities; invest funds and equip technical means for border management and protection forces;

8. Organize mid-term and final reviews of border management and protection work, maintain public security, order, and social safety in border areas, and implement reporting systems to the Government and notify relevant ministries and sectors;

9. Lead and coordinate with ministries, sectors, and localities to promote legal education on national borders; organize inspections and investigations; handle complaints, denunciations, and violations of laws on border management and protection;

10. International cooperation in border defense and conduct foreign relations to coordinate in managing and protecting national borders, building peaceful and friendly borders with neighboring countries.

Article 27. Responsibilities of the Ministry of Foreign Affairs

1. Lead and coordinate with ministries and sectors to propose policies and state management of national borders;

2. Lead and coordinate with the Ministry of National Defense and relevant ministries and sectors to assist the Government in determining national borders, territorial sovereignty, and rights over land, sea, airspace, islands, continental shelf, and organizing negotiations on border demarcation, boundary marker placement, and resolution of related issues with neighboring countries;

3. Coordinate with the Ministry of National Defense to guide and instruct provincial People's Committees with national borders to perform state management functions of national borders;

4. Lead and coordinate with the Ministry of National Defense to submit

5. Coordinate with the Ministry of National Defense to train, enhance, and guide the Border Guard Force on laws, international treaties on border management and protection, foreign affairs operations, and resolution of cases involving borders and foreigners.

Article 28. 2. Direct subordinate units of the Ministry of Public Security to coordinate with the Central Post and Telecommunications Administration and the enterprise designated to maintain and manage the public postal network in reviewing the political standards of workers participating directly in the provision of KT1 postal services when required.

1. Coordinate with the Ministry of National Defense to direct and instruct the Border Guard Force to perform tasks of ensuring public security, order, and social safety, combating crime, and other law violations in border areas;

2. Lead and coordinate with the Ministry of National Defense, the Ministry of Foreign Affairs, and relevant ministries and sectors to establish coordination mechanisms among forces to implement tasks of entry-exit control, import-export, and transit according to the law;

3. Coordinate with the Ministry of National Defense to train and enhance professional skills for border security and order protection forces;

4. Coordinate with the Ministry of National Defense to exchange information, unify policy guidance in combating crime and other law violations concerning public security, order, and social safety in border areas;

5. International cooperation in national security, coordinating with the Ministry of National Defense to implement border security cooperation.

Article 29. Responsibilities of Ministries, ministerial-level agencies, and government agencies

Within their respective duties and powers, ministries at the level of ministerial departments and government agencies have the responsibility to implement and coordinate with the Ministry of National Defense, the Ministry of Foreign Affairs, and the Ministry of Public Security in state management of national borders as prescribed by law.

Article 30. Responsibilities of the Border Guard Force

1. The Border Guard Command has the responsibility to advise the Ministry of National Defense on border management and protection, maintaining public security, order, and social safety in border areas, and building the Border Guard Force.

2. Issues related to the construction, management, protection of national borders, border areas, and maintaining security, public order, and social safety in border areas and ports, the Border Guard Command shall proactively report and directly interact with relevant functional agencies of the Party and State, Ministries, sectors, provincial People's Committees under the central government, border protection forces, and adjacent country authorities to exchange and resolve issues while reporting to the Ministry of National Defense;

3. The Border Guard operates in accordance with the provisions of laws and international treaties to which Vietnam is a party that relate to national borders, security, public order, and social safety in border areas and at ports;

4. The Border Guard shall be allocated appropriate personnel and means to perform its functions and tasks of managing and protecting national borders, maintaining security, public order, and social safety in border areas and at ports; inspecting and controlling cross-border movements, entry and exit from border areas and border zones; controlling entry and exit at ports (excluding airports managed by the Ministry of Public Security); combating crime, smuggling, commercial fraud, and conducting border defense diplomacy, and being ready for combat against armed conflicts and aggressive wars in accordance with the law;

5. Take the lead and coordinate with military forces and relevant sectors to provide advisory services to the Ministry of National Defense on organizing the construction of the people's border defense system and the people's border defense posture;

Article 31. Responsibilities of local People's Committees where there are national borders

1. Implement state management over national borders in their locality in accordance with the law and directives and guidance from the Ministry of National Defense and relevant Ministries and sectors;

2. Build border areas strong in politics, economy, culture-society, national defense, and security; construct a solid people's border defense system and a solid people's border defense posture within the overall national defense posture and the people's security posture in their locality;

3. Develop planning, population resettlement, infrastructure construction, and production reorganization in border areas; combine economic and cultural-social development with consolidation and enhancement of national defense and security in border areas;

4. Direct forces, departments, and mobilize mass organizations in the locality to cooperate with the Border Guard in managing and protecting national borders; maintain security, public order, and social safety, and combat crime in border areas in accordance with the law;

5. Coordinate with relevant Ministries and sectors:

a) Develop and implement projects for economic and cultural-social development in each sub-region, creating changes in the economic and social landscape in border areas;

b) Mobilize enterprises operating in border areas to support the construction of infrastructure, education, healthcare, culture, and social development;

c) Promote and encourage organizations and localities throughout the country to form sisterhood ties, joint ventures, and support border area localities;

6. Organize the dissemination, popularization, and education of laws concerning national borders;

7. Conduct external relations with local authorities of neighboring countries in accordance with the law and international treaties on borders;

Article 32. Responsibilities of citizens

Every citizen of the Socialist Republic of Vietnam has the responsibility and duty to protect the national border of the Socialist Republic of Vietnam, build border areas, and maintain security, public order, and social safety in border areas. If they discover acts of border infringement or disruption of security, public order, and social safety in border areas, they must report to the nearest border guard post or local authority or state agency for prompt notification to the Border Guard to handle according to the law;

Chapter IV

ORGANIZATION AND IMPLEMENTATION

Article 33. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 34. Implementation guidance

The Ministry of National Defense shall take the lead and coordinate with relevant Ministries to develop guiding documents and monitor the implementation of this Decree.

Article 35. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of agencies under the Government, and Chairpersons of People's Committees of provinces and centrally-administered cities are responsible for enforcing this Decree.