Circular No. 179/2001/TT-BQP guiding the implementation of Decree No. 34/2001/NĐ-CP dated August 18, 2000 on the Regulations of the land border area of the Socialist Republic of Vietnam

CIRCULAR

Guidelines for Implementing Decree No. 34/2001/ND-CP dated August 18, 2000 on the Regulations of the Land Border Area of the Socialist Republic of Vietnam

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On August 18, 2000, the Government issued Decree No. 34/2000/ND-CP on the Regulations of the Land Border Area of the Socialist Republic of Vietnam (hereinafter referred to as Decree 34/CP). Clause 26 of Decree No. 34/CP stipulates that "The Ministry of National Defense shall coordinate with relevant ministries and sectors to develop guiding documents for the implementation of this Decree."

After reaching consensus with relevant ministries and sectors, the Ministry of National Defense provides specific guidelines as follows:

I. BORDER AREA, BORDER RING, AND PROHIBITED ZONE

1. Determination of border area, border ring, and prohibited zone.

a) Border area.

The land border area specified in Clause 1, Article 2 of Decree 34/CP includes communes, wards, and towns whose administrative boundaries adjoin the national border on land (hereinafter referred to as border communes and listed in Appendix 1 attached hereto).

b) Border ring.

The determination of the border ring is based on the situation regarding national defense, public security, economy, topography, and the requirements for border management and protection at each locality to be appropriately defined.

In special cases due to terrain or management and protection requirements in certain areas, if there are provisions different from Point a, Clause 2, Article 2 of Decree No. 34/CP, the People's Committee of the province shall consult with the Ministry of National Defense and the Ministry of Public Security to report to the Prime Minister for decision.

c) Prohibited zone.

In the border area where necessary for security, national defense, or economic reasons, a prohibited zone may be established. A prohibited zone can be set up within the border ring or outside the border ring but within the border area.

The prohibited zone under the jurisdiction of a particular sector shall be coordinated by the competent authority of that sector with the Border Guard Command, Military Command, and Provincial Police Director to report to the People's Committee of the province for submission to the Government for decision.

The prohibited zone shall be managed and protected according to current laws and regulations on management and protection established by the authority deciding on the prohibited zone.

When establishing a prohibited zone, if relocation of residents is required, prior notice must be given and compensation provided in accordance with the law.

d) Based on the specific situation in each locality, the Border Guard Command shall take the lead in coordinating with the Provincial Police Director, Military Command, Provincial Border Commission, and other functional agencies to advise the People's Committee of the province to consult with the Ministry of National Defense and the Ministry of Public Security to determine the scope of the "border ring" and "prohibited zone" and report to the Government.

The decision on the "border ring" and "prohibited zone" must be documented, accompanied by a map and marked on the ground with signs.

3. Types of signs for "border area," "border ring," and "prohibited zone" shall be made uniformly using reinforced concrete grade 200, placed in locations that are easily identifiable. The sign shall be written in three languages in three lines: the first line in Vietnamese, the second line in the corresponding language of the adjacent country, and the third line in English. The specifications, dimensions, and font size of the signs shall follow Appendices 2a, 2b, and 2c attached hereto.

3. The Border Guard Command shall coordinate with the Provincial Police Director, Military Command, Provincial Border Commission, and other functional agencies to advise the People's Committee of the province:

a) To conduct a re-survey of the "border ring" and "prohibited zone" and the location of signs in areas previously determined according to Decree No. 427/CP dated December 12, 1990 of the Council of Ministers on the Regulations of the Vietnam-Laos Border Area; Decree No. 42/CP dated January 29, 1992 of the Council of Ministers on the Regulations of the Vietnam-Cambodia Border Area; Decree No. 99/CP dated March 27, 1992 of the Council of Ministers on the Regulations of the Vietnam-China Border Area. If they still comply with Decree 34/CP and the guidelines of this Circular, they shall remain unchanged; otherwise, they shall be adjusted in accordance with Decree 34/CP and the guidelines of this Circular.

b) For places that were not previously designated as "border ring" or "prohibited zone" according to the aforementioned Decrees No. 427/CP, No. 42/CP, and No. 99/CP, they shall be implemented in accordance with Decree 34/CP and the guidelines of this Circular.

II. RESIDENCE, MOVEMENT, AND OTHER ACTIVITIES IN THE BORDER AREA AND BORDER RING

1. Residence in the border area.

a) In addition to those specified in Points a and c, Clause 1, Article 4 of Decree 34/CP, those who are granted permission by the provincial police to reside in the border area specified in Point b, Clause 1, Article 4 of Decree 34/CP include:

- Persons coming to establish new economic zones according to plans and master plans of the provincial border committee.

- Persons coming to the border area to reunite with their family members (parents, spouse, or children) who have permanent residence registration in the border area.

- Employees of state agencies, economic organizations, and military units who have collective household registration in the border area and wish to continue residing there upon retirement or termination of employment must transfer their permanent residence registration in accordance with the law.

Those currently residing legally in the border area (with permanent residence registration in the border area) who have been issued border identification cards, when moving out of the border area, must go to the issuing police station to exchange their identification card and transfer their household registration to their new place of residence in accordance with the law.

b) Persons who came to live and work in the border area before the effective date of Decree 34/CP but have not been granted permission by the provincial police and have not registered their household, the Border Guard Post shall coordinate with the local police station, commune, ward, town authorities to conduct inspections and reviews. If they meet the conditions to reside in the border area, they shall be advised to complete the procedures for transferring to a new place of residence and must register their household in accordance with the law.

If they fall under the category prohibited from residing in the border area as stipulated in Clause 2, Article 4 of Decree 34/CP, the Border Guard shall coordinate with the police agency to advise the local authorities to take measures to educate and persuade them to leave the border area.

2. Entry, exit, and activities in the border area.

a) Vietnamese citizens entering, exiting, and operating within the border area shall comply with the provisions of Article 6 of Decree 34/CP. Those without a national identity card must have a document issued by the police station of their place of residence, which must clearly state their place of residence, purpose, reason for entry, exit, travel, and activities within the border area. They must present such documents when requested by officers of the Border Guard, police stations, or local authorities performing their duties. If they stay overnight, they must report and register temporary residence with the police station of the place of temporary residence in accordance with the regulations on household registration and management. Upon expiration of the temporary residence period, they must leave the border area; if they wish to remain, they must go to the place where they registered temporary residence to apply for an extension.

b) Foreign individuals entering, exiting, and operating within the border area must have documents in accordance with the provisions of Article 7 of Decree 34/CP. Upon arrival at the location specified in the permit, they must report to the Border Guard post or local authority and be subject to inspection and control by the Border Guard, police, and local government.

When a foreign individual travels in a high-level delegation as defined in Clause 2 of Article 7 of Decree 34/CP, from the level of Minister and equivalent to the border area, the managing agency must send an accompanying officer and notify the Border Guard and provincial police at least 24 hours before arrival.

c) The movement, operation, and temporary residence of residents in the border areas of two adjacent countries shall be carried out in accordance with the Border Regulations Agreement and agreements between the two countries.

3. Entry, exit, residence, operation within the border zone.

a) Only those persons specified in Clause 1 of Article 4 of Decree 34/CP may reside in the border zone; other persons not covered under Clause 1 of Article 4 mentioned above, when permitted to enter and operate in the border zone, must comply with the provisions of Decree 34/CP. Upon expiration of the permitted time, they must leave the border zone. During the period of movement and operation in the border zone, they must be subject to inspection, control, and guidance by the Border Guard.

b) In cases where the permitted time for movement and operation in the border zone has expired but the matter has not been resolved, if there is a legitimate need to remain, they must go to the place where they declared temporary residence to register for an extension of temporary residence according to the regulations and inform the local Border Guard post.

4. Operation in tourist, service, trade zones, border economic zones, and other economic zones opened for the activities of Vietnamese and foreign individuals and means of transport related to the border area shall be carried out in accordance with the specific regulations of the Government for that area.

Activities related to the border zone must be carried out in accordance with the provisions of Decree 34/CP as follows:

a) For Vietnamese individuals and means of transport (except those specified in Clause 1 of Article 4 of Decree 34/CP when entering the border zone, they must comply with the provisions of Articles 6 and 11 of Decree 34/CP and directly report to the Border Guard post or the People's Committee of the locality. If staying overnight, they must register temporary residence according to the law and be subject to inspection and control by the Border Guard and police.

b) For foreign individuals and means of transport when entering the border zone, they must comply with the provisions of Articles 7 and 11 of Decree 34/CP. If traveling with a Vietnamese organization, the representative of that organization is responsible for presenting documents and must directly report to the Border Guard post or the People's Committee of the locality. If staying overnight, they must register temporary residence according to the law and be subject to inspection and control by the Border Guard and police.

5. Planning of residential areas and economic and social development activities and construction of facilities in the border area.

The establishment of residential areas, border market points, berths for various types of means of transport; construction of transportation, water conservancy, hydropower, industrial enterprises, agricultural and forestry farms, stations, camps, joint venture economic zones, tourist, service, and other economic zones related to the national border must be planned and coordinated with the Border Guard Command, Provincial Military Command, and Provincial Police Director before submitting to the competent authority for approval.

The activities mentioned in point a above shall be carried out in accordance with the provisions of Decree 34/CP, other Vietnamese laws, and the Border Regulations Agreement signed by Vietnam with neighboring countries.

Project leaders implementing the projects mentioned in point a of this section related to the national border must inform the Border Guard post and the District People's Committee of the locality at least seven days before proceeding.

III. MANAGEMENT AND PROTECTION OF THE BORDER AREA

1. To manage and protect security, public order, and social safety; combat smuggling and commercial fraud; the People's Committee of the province reports to the Prime Minister to establish fixed or mobile joint inspection stations at necessary locations along the main roads leading to and from the border area. The components include the Border Guard, police, customs, market management, and tax authorities.

a) At the joint inspection station, agencies perform their tasks according to their specialized functions. The People's Committee of the province designates the lead agency and issues regulations on the coordination of activities among these agencies.

b) At the joint inspection station, the Border Guard performs the task of inspecting and controlling individuals and means of transport entering, exiting, and operating in the border area, tourist, service, trade zones, border economic zones, and other economic zones according to the functions and responsibilities of the Border Guard as prescribed by law.

c) Officers, soldiers, and staff working at the joint inspection station must wear uniforms, badges, and identification plates according to the regulations of each sector.

2. The Commander of the Border Guard, based on the specific situation of each locality, directs the Border Guard Commands of the provinces to organize fixed inspection stations to control entry and exit in the border zone or mobile patrol and inspection teams to control entry and exit in the border area.

3. To manage and protect the national border, maintain security and public order in the border area as provided for in Clause 2, Article 19 of Decree No. 34/CP, the Border Guard has the authority to restrict or temporarily halt passage at border gates and activities within the border zone according to Decree No. 02/1998/NĐ-CP dated January 6, 1998 of the Government detailing the implementation of certain provisions of the Border Guard Ordinance, Circular No. 2866/1998/TT-BQP dated September 12, 1998 of the Ministry of National Defense guiding the implementation of Decree No. 02/1998/NĐ-CP of the Government detailing the implementation of certain provisions of the Border Guard Ordinance, and international treaties on borders that Vietnam has signed or joined.

4. The Commander of the Border Guard Province shall direct the Border Guard Posts to cooperate with the Public Security Departments of border districts to conduct inspections of residence, movement, and activities in the border area based on directives from the Border Guard Command and the People's Committee of the province. Regularly exchange information on security, public order, and the situation of individuals and foreigners entering the border area. Guide the people to comply with registration procedures for temporary residence and absence, and abide by the regulations of border areas when entering the border area.

5. In the border area, the Border Guard cooperates and coordinates with other forces and functional agencies to manage and protect natural resources, the environment, and national forests, and prevent violations of the law.

IV. IMPLEMENTATION

This Circular takes effect 15 days from the date of signature.

2. The Provincial Border Guard Command shall coordinate with the Department of Justice to advise the People's Committee of the province to organize meetings to thoroughly understand the contents of Decree No. 34/CP and related implementing documents, and widely disseminate them to the masses to ensure consistent implementation.

3. The preparation of the budget for the implementation of border management and protection work, maintaining security and public order in the land border area of the Socialist Republic of Vietnam as stipulated in Article 25 of Decree No. 34/CP shall be guided separately by the Ministry of National Defense and the Ministry of Finance through circulars.

4. The Border Guard Command assists the Ministry of National Defense in monitoring, urging, and inspecting the implementation of Decree No. 34/CP and this circular. Annually, it conducts mid-term reviews and reports the results of implementation to the Ministry of National Defense.