Circular No. 162/2016/TT-BQP provides for the implementation of certain provisions of Decree No. 71/2015/NĐ-CP dated September 3, 2015 of the Government on the management of activities of persons and means in the maritime border area of the Socialist Republic of Vietnam.

CIRCULAR

Regulations on the Implementation of Certain Provisions of Government Decree No. 71/2015/NĐ-CP dated September 3, 2015 on Management of Activities of People and Means of Transport in the Coastal Border Area of the Socialist Republic of Vietnam

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Government Decree No. 71/2015/NĐ-CP dated September 3, 2015 on Management of Activities of People and Means of Transport in the Coastal Border Area of the Socialist Republic of Vietnam;

At the proposal of the Commander of the Border Guard Force;

The Minister of National Defense promulgates this Circular regulating the implementation of certain provisions of Government Decree No. 71/2015/NĐ-CP dated September 3, 2015 on Management of Activities of People and Means of Transport in the Coastal Border Area of the Socialist Republic of Vietnam,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular regulates the implementation of certain provisions of Government Decree No. 71/2015/NĐ-CP dated September 3, 2015 on Management of Activities of People and Means of Transport in the Coastal Border Area of the Socialist Republic of Vietnam (hereinafter referred to as Decree No. 71/2015/NĐ-CP).

2. Industrial zones, export processing zones, economic zones within the coastal border area of the Socialist Republic of Vietnam (hereinafter referred to as the coastal border area) or having part of their administrative boundaries located within the coastal border area shall implement according to the regulations applicable to that area.

In cases where people and means of transport operate in this area related to temporary restricted areas, restricted activity areas in territorial waters, prohibited areas, restricted activity areas in the coastal border area, they shall comply with the provisions of Decree No. 71/2015/NĐ-CP and this Circular.

Article 2. Applicability

This Circular applies to agencies, organizations, individuals of Vietnam and foreign countries operating or related to activities in the coastal border area.

Article 3. Explanation of Terms

1. Economic zones as defined in Decree No. 71/2015/NĐ-CP and this Circular are economic zones established and operated in accordance with the Investment Law.

2. Tourist areas as defined in Decree No. 71/2015/NĐ-CP and this Circular are tourist areas established and operated in accordance with the Tourism Law.

3. Service areas as defined in this Circular are commercial service areas for production, distribution, cultural, social, and tourism activities established in accordance with the law.

Article 4. Signboard Models and Locations

3. Based on topography and characteristics of each restricted area, the signboards "prohibited area," "restricted activity area" in the coastal border area shall be installed in suitable and easily recognizable locations.

Chapter II

MANAGEMENT OF ACTIVITIES OF PEOPLE AND MEANS OF TRANSPORT IN THE COASTAL BORDER AREA

Article 5. Vietnamese persons and vehicles operating in the maritime border area

1. Motorized land vehicles entering the maritime border area (excluding tourist areas, service areas, economic zones) shall operate in accordance with Clause 7 of Article 6 of Decree No. 71/2015/NĐ-CP. The agencies, organizations, individuals managing or using such vehicles, or the vehicle operators or owners must notify the local Border Guard Post at least two working days before conducting any activities.

2. The notification form for agencies, organizations, and individuals shall be in writing and follow Form No. 04 and 05 as prescribed in the Appendix attached to this Circular.

Article 6. Foreigners arriving, operating, or working, studying in the maritime border area

1. In cases where foreigners stay overnight in the maritime border area, they must declare according to Articles 33 and 34 of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam.

2. Agencies, organizations bringing foreigners into the maritime border area in accordance with Clause 2 of Article 7 of Decree No. 71/2015/NĐ-CP must notify in writing the Public Security Organs and Border Guard Forces of the province or centrally governed city (hereinafter referred to as the Public Security Organs and Border Guard Forces of the province); such notifications shall be made in accordance with Form No. 06 as prescribed in the Appendix attached to this Circular and sent directly or via postal or telecommunications services.

Article 7. Military exercises; search and rescue exercises; maritime security exercises; organizing live firing or using explosives in the maritime border area

Military exercises; search and rescue exercises; maritime security exercises; organizing live firing or using explosives in the maritime border area as stipulated in Article 9 of Decree No. 71/2015/NĐ-CP must be notified in writing and carried out in accordance with Form No. 08 as prescribed in the Appendix attached to this Circular and sent directly or via postal or telecommunications services.

Article 8. Activities of exploration, scientific research, geological survey, mineral resource survey, natural resource survey, fishery resource survey, marine product survey in the maritime border area

Exploration, scientific research, geological survey, mineral resource survey, natural resource survey, fishery resource survey, marine product survey in the maritime border area as stipulated in Article 10 of Decree No. 71/2015/NĐ-CP shall be subject to inspection and supervision by the Border Guard Force and competent authorities and must be notified in writing in accordance with Form No. 09 and 10 as prescribed in the Appendix attached to this Circular and sent directly or via postal or telecommunications services.

Article 9. Surveying, designing, construction, and building projects and works related to national defense and security or involving foreign elements in the maritime border area

Agencies, organizations surveying, designing, constructing, and building projects and works related to national defense and security or involving foreign elements in the maritime border area as stipulated in Clause 1 and Clause 3 of Article 11 of Decree No. 71/2015/NĐ-CP must notify in writing in accordance with Form No. 11 as prescribed in the Appendix attached to this Circular.

Article 10. Temporary prohibited zones and restricted activity zones in territorial waters; prohibited zones and restricted activity areas in border maritime zones

1. Temporary prohibited zones and restricted activity zones in territorial waters

a) In cases where it is necessary to establish temporary prohibited zones or restricted activity zones in territorial waters as prescribed in Clause 1, Article 12 of Decree No. 71/2015/NĐ-CP, the competent ministry or sector must report to the Prime Minister for a decision on establishing temporary prohibited zones and restricted activity zones in territorial waters;

b) After the Prime Minister issues a decision to establish temporary prohibited zones and restricted activity zones in territorial waters, the competent ministry or sector shall be responsible for widely announcing such zones both domestically and internationally through "Maritime Notices" according to international maritime customs, at least 15 days before implementation. In urgent cases, announcements shall be made immediately after implementation as stipulated in Article 26 of the Vietnam Maritime Law;

c) The scope of temporary prohibited zones and restricted activity zones in territorial waters shall be determined by coordinates on nautical charts.

2. Prohibited zones in border maritime zones

a) When coastal provinces and centrally-administered cities propose the establishment of prohibited zones in border maritime zones, they shall follow the procedures and formalities prescribed in Clause 2, Article 12 of Decree No. 71/2015/NĐ-CP;

d) The scope of prohibited zones and the duration of prohibition shall be decided by the authority competent to establish prohibited zones. Prohibited zones shall be marked by signs on land or determined by coordinates on nautical charts;

3. Restricted activity areas in border maritime zones

a) Ministries and sectors competent after establishing restricted activity areas in border maritime zones as prescribed in Clause 4, Article 12 of Decree No. 71/2015/NĐ-CP must inform the Ministry of National Defense and relevant agencies and forces operating in border maritime zones;

b) The scope and duration of restricted activities shall be decided by the authority competent to establish restricted activity areas. Restricted activity areas shall be marked by signs on land or determined by coordinates on nautical charts.

Chapter III

RESPONSIBILITIES FOR CONSTRUCTION, MANAGEMENT, AND PROTECTION OF BORDER MARITIME ZONES

Article 11. Responsibilities of the Border Guard Command

a) Taking the lead and coordinating with relevant departments, agencies, and functional forces to advise coastal provincial People's Committees on implementing policies, planning, plans, and investment projects related to managing and protecting the maritime border area; developing plans, programs, contents, and measures to organize mass movements for participating in safeguarding national sovereignty and security at sea; consolidating political foundations, building a strong maritime border area in terms of economy, politics, culture-society, defense, security, and foreign relations;

b) Taking the lead and coordinating with military units stationed in the maritime border area, Public Security, local authorities, and related agencies in managing and protecting the national border at sea, ensuring political security and social order and safety in the maritime border area;

c) Taking the lead and coordinating with relevant agencies, organizations, and units to unify information on the activities of vessels in the maritime border area;

d) Annually taking the lead and coordinating with provincial-level Public Security in managing and statistically recording the number of foreigners and foreign means of transport entering the maritime border area;

e) Organizing the use of forces and means, implementing measures to manage and protect the national border at sea; ensuring political security and social order and safety in the maritime border area; carrying out military diplomacy and border defense diplomacy tasks;

f) Establishing fixed and mobile checkpoints to control entry and exit; inspecting registration and management of persons and means of transport entering and exiting and operating in the maritime border area; conducting border surveillance on vessels operating in the maritime border area;

g) Taking the lead and coordinating with naval forces, Coast Guard, Public Security, Customs, Fisheries Surveillance, and other related forces in patrolling, controlling, detecting, preventing, and handling violations of law in the maritime border area; safeguarding sovereignty, political security, social order and safety in the maritime border area; protecting fishermen engaged in marine resource exploitation and other lawful activities of persons and means of transport in the maritime border area; carrying out search and rescue operations at sea;

h) Regularly exchanging with relevant functional forces about the situation of foreign persons and means of transport entering and exiting and operating in the maritime border area; guiding organizations and individuals to comply with regulations on anchoring, mooring, and berthing of inland waterway vessels in ports and berths in the maritime border area;

i) Annually coordinating with departments and agencies to advise coastal provincial People's Committees on preparing budgets for managing and protecting the national border at sea; ensuring political security and social order and safety in the maritime border area according to the State Budget Law;

2. Directing Border Guard Fleets to perform functions and tasks of managing and protecting the national border, ensuring political security, social order and safety, and search and rescue at sea.

3. Periodically reviewing and summarizing; reporting to the Ministry of National Defense on the results of implementing Decree No. 71/2015/NĐ-CP and this Circular.

Article 12. Responsibilities of the Naval Zone Command and the Coast Guard Command

The Naval Zone Command and the Coast Guard Command shall direct subordinate units to coordinate with the Border Guard Force in carrying out tasks to protect national border sovereignty and political security, social order, and safety in the maritime border area.

Article 13. Responsibilities of coastal provincial People's Committees

1. Implement state management over the national border; organize mass movements to participate in protecting national sovereignty and security on the sea and building the maritime border area.

2. Direct departments, agencies, functional forces to coordinate with the Border Guard Force to conduct surveys of positions and establish various types of boundary markers in the maritime border area in accordance with Decree No. 71/2015/NĐ-CP and this Circular, ensuring consistency and suitability with local actual conditions.

3. Create favorable mechanisms and policies to support agencies, organizations, and individuals in constructing economic and social projects in the maritime border area to build a strong maritime border area politically, economically, militarily, and in terms of security.

4. Direct relevant functional departments, mass organizations, and social organizations to develop regulations for coordination with the Border Guard Force in carrying out tasks to protect national sovereignty and security on the sea and building the maritime border area.

5. Ensure the state budget according to Article 29 of Decree No. 71/2015/NĐ-CP, the State Budget Law, and the Public Investment Law to implement tasks to protect national sovereignty and security on the sea and building the maritime border area.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 14. Effective Date

1. This Circular takes effect from December 6, 2016, and replaces Circular No. 89/2004/TT-BQP dated June 19, 2004, issued by the Minister of National Defense guiding the implementation of Decree No. 161/2003/NĐ-CP dated December 18, 2003, of the Government on the regime of the maritime border area.

2. During the implementation process, if the normative legal documents cited for application in this Circular are amended, supplemented, or replaced by new normative legal documents, then the new documents shall be applied.

Article 15. Responsibility for Implementation

1. The Border Guard Force Commander is responsible for monitoring, urging, and inspecting the implementation of Decree No. 71/2015/NĐ-CP and this Circular.

2. Ministries, ministerial-level agencies, agencies under the Government, provincial/municipal People's Committees directly under the central government, and related agencies, organizations, units, and individuals have the responsibility to implement this Circular./.