Decision No. 160/2004/QĐ-TTg On Determining Prohibited Areas and Locations

DECISION

Regarding the determination of restricted areas and prohibited locations

PRIME MINISTER

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

Pursuant to the Ordinance on Protecting State Secrets dated December 28, 2000;

Pursuant to Decree No. 33/2002/NĐ-CP dated March 28, 2002 of the Government detailing the implementation of the Ordinance on Protecting State Secrets;

Considering the proposal of the Minister of Public Security,

Pursuant to …;

Article 1. Restricted areas and prohibited locations within the scope of state secrets are established for the purpose of protecting, managing, and strictly controlling the activities of individuals and means to maintain order, security, and prevent acts of intrusion, sabotage, and collection of state secrets in those areas and locations.

Vietnamese citizens and foreigners residing or permanently residing in Vietnam (hereinafter referred to as foreigners) wishing to enter restricted areas and prohibited locations must obtain permission from the competent authority as stipulated in Article 5 of this Decision.

This Decision does not apply to Vietnamese citizens who are permitted to reside and work permanently in restricted areas and prohibited locations.

Article 2. Restricted areas and prohibited locations include:

1. Border defense works, airspace defense works, sea defense works.

2. National defense industrial zones, public security zones; military zones, public security zones, army barracks, public security barracks, military airports, naval ports, weapons depots of the People's Army, the Public Security Force.

3. National strategic reserves.

4. Special important works and targets regarding politics, economy, culture, and society.

5. Border areas (excluding cities, towns, and tourist spots that have been approved by the Government; cases with valid travel documents crossing land border gates, railway border gates; cases of third-country nationals passing through according to Border Regulations Agreements that Vietnam has signed).

6. In situations where there is a serious threat to national security and social order and safety, and in cases of natural or man-made disasters, large-scale dangerous epidemics threatening seriously the lives, health, and property of the people and the State, without the declaration of a state of emergency by the State, the Minister of Public Security, the Chairman of the People's Committee of provinces and centrally-administered municipalities (hereinafter collectively referred to as provincial level) shall have the authority to temporarily determine restricted areas and prohibited locations for Vietnamese citizens and foreigners.

Article 3. Areas and locations determined as restricted areas and prohibited locations must be marked with signs "restricted area" and "prohibited location." The model of the "restricted area" and "prohibited location" signs shall be uniformly prescribed by the Minister of Public Security.

Article 4. Authority to specifically determine restricted areas and prohibited locations and decide on the placement of restriction signs:

1. The Chairman of the Provincial People's Committee shall specifically determine restricted areas and prohibited locations and decide on the placement of restriction signs within their jurisdiction upon the proposal of the Provincial Public Security Director.

2. The Minister of National Defense shall specifically determine restricted areas and prohibited locations and decide on the placement of restriction signs for national defense works and military zones.

3. The Minister of Public Security shall specifically determine restricted areas and prohibited locations and decide on the placement of restriction signs at public security units.

4. The determination of restricted areas and prohibited locations in border buffer zones and management regulations shall be implemented in accordance with the provisions of Decree No. 34/2000/NĐ-CP dated August 18, 2000 of the Government on the Management Regulations of the Border Buffer Zone of the Socialist Republic of Vietnam.

5. The Minister of Public Security and the Chairman of the Provincial People's Committee shall temporarily determine restricted areas and prohibited locations and decide on the placement of temporary restriction signs as provided for in Clause 6, Article 2 of this Decision.

Article 5. Protection of restricted areas and prohibited locations:

1. Restricted areas and prohibited locations must have Security Regulations prescribed by the Head of the agency or unit managing the area or location.

2. Vietnamese citizens entering restricted areas and prohibited locations must be permitted by the Head of the agency or unit managing the area or location.

Foreigners entering restricted areas and prohibited locations must have a permit issued by the Exit-Entry Administration Department under the Ministry of Public Security or the Provincial Public Security Director. If entering military or public security areas managed by the Ministry of National Defense or the Ministry of Public Security, they must also be permitted by the Head of the unit managing the area.

Article 6. The Minister of Public Security, the Minister of National Defense, and the Chairman of the Provincial People's Committee shall organize the implementation based on their functions, tasks, and actual circumstances, budgeting funds from the State budget.

Article 7. This Decision takes effect fifteen days after its publication in the Official Gazette, replacing Decision No. 128/TTg dated December 1, 1992 of the Prime Minister on the determination of areas and locations to be marked with restricted signs.

Article 8. The Minister of Public Security, the Minister of National Defense, and the Chairman of the Provincial People's Committee within their respective powers and authorities shall be responsible for guiding and supervising the implementation of this Decision.

Article 9. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decision.