Decision No. 2649/1999/QD-BQP On Issuing Regulations on Management and Protection of National Defense Works and Military Areas

Pursuant to …;

Regarding the issuance of regulations on the management and protection of defense works and military areas

_________________________

MINISTER OF NATIONAL DEFENSE

Pursuant to the Law on the Organization of the Government dated September 30, 1992;

Pursuant to the Law on Enacting Legal Normative Documents dated November 12, 1996;

Pursuant to the Ordinance on Protection of National Defense Works and Military Areas dated May 19, 1994;

Pursuant to Decree 41/CP dated July 5, 1996 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to the Regulation on the Protection of Defense Works and Military Areas issued together with Decree No. 04/CP dated January 16, 1995 of the Government.

Considering the proposal of the General Staff Deputy Chief and the Commander of the Engineering Corps,

Pursuant to …;:

Article 1. Issuing the "Regulations on the Management and Protection of Defense Works and Military Areas"

Article 2. This Decision shall take effect fifteen days from the date of signature. All previous regulations that conflict with the Regulations on the Management and Protection of Defense Works and Military Areas issued together with this Decision are hereby abolished.

Article 3. Commanders of agencies and units under the Ministry of National Defense within their respective functions, tasks, and powers are responsible for implementing this Decision.

REGULATIONS

Management and protection of defense works and military areas

(Issued together with Decision No. 2649/1999/QĐ-BQP dated December 27, 1999)

Chapter 1.

GENERAL PROVISIONS

Article 1. These regulations unify the implementation The Regulation on the Protection of Defense Works and Military Areas issued together with Decree No. 04/CP dated January 16, 1995 of the Government, including specific provisions on分级管理、保护、保养和使用国防工程和军事区域，其中保养不包括对国防工程内的武器、装备、军事技术设备和生产、国防储备领域的技术设备的保养。

Article 2. The Ministry of National Defense implements state management over defense works-military areas as stipulated Article 12 in the Ordinance on the Protection of Defense Works and Military Areas and Article 5 The Regulation on the Protection of Defense Works-Military Areas issued together with Decree No. 04/CP dated January 16, 1995 of the Government.

Ministries, ministerial-level agencies, government agencies, and provincial/municipal People's Committees directly under the central government within the scope of managing defense works assigned to them are responsible for complying with the laws and regulations concerning the protection of defense works-military areas.

Departments, Military Regions, Army Corps, Military Branches, Border Guard Command, Academies, Schools, and agencies and units under the Ministry of National Defense (hereinafter referred to as agencies and units under the Ministry of National Defense) assigned to manage and protect defense works-military areas are responsible for protecting and complying with the laws and regulations concerning the protection of defense works-military areas.

Article 3. In these regulations, the following terms are understood as follows:

1. Defense works (CTQP): are constructions built, natural terrain and objects improved and designated to serve defensive purposes, protecting the country.

2. Military area (Khu QS): is a defined area exclusively used for military purposes.

3. Prohibited zone (KVC): is a national defense security land area allocated or managed according to decisions of the Government and provincial/municipal People's Committees. The areas, boundaries, markers, and signs to define these zones are managed and used by the people's armed forces for military purposes.

Single independent defense works constructed previously, such as old forts, bastions, and pillboxes, are protected defense works and are prohibited from being violated.

4. Protected zone (KVBV): is an area surrounding outside the prohibited zone or surrounding a single work at a certain distance and limited range as required by tactics or protective regulations, marked by boundary markers, signs, or special signals.

5. Safety belt (VĐAT): is an area surrounding outside the protected zone, a politically secure area determined by written agreement between local People's Committees and the units managing the defense works-military areas.

6. Zone A: is the command post and staff office area, defined at the level of the Ministry of National Defense and Military Regions, Army Corps, and Military Branches.

Article 4. Defense works are constructed within military areas or independently in different terrains.

1. According to the nature and mission of defense works, there are: combat works, works serving combat and general military works.

2. According to the nature and mission of military areas, there are: combat military areas, military areas serving combat, and general military areas.

Defense works-military areas across the country are registered and classified according to Government Decree 04/CP and grouped according to Article 5 these regulations for convenient classification, management, and protection.

Article 5. According to the nature and mission of defense works-military areas, they are divided into three groups:

- Group 1 - Combat defense works-military areas group, including: defense works-military areas performing strategic defense missions, ensuring leadership and command at all levels during wartime, directly participating in combat or defense and protection of the mainland, borders, airspace, maritime areas, and islands.

- Group 2 - Defense works-military areas serving combat group, including: defense works-military areas performing defense missions, ensuring logistics, technical support, strategic reserves, research and production testing of combat equipment, and training exercises for armed forces units.

- Group 3 - General defense works-military areas group, including: defense works-military areas performing regular missions, research, study, work, and living support for troops.

(Detailed contents of each group are attached in Appendix 01)

Article 6. Land used for defense works-military areas is uniformly managed according to Government Decree No. 09/CP dated January 12, 1996, and Circular Joint No. 2078/TT-LT dated October 14, 1997 of the Ministry of National Defense, the Ministry of Interior, and the General Department of Land Administration regarding the system of management and use of national defense and security land.

Article 7. The Ministry of National Defense coordinates with relevant ministries, sectors of the State, and provincial/municipal People's Committees on planning defense works-military areas; plans for the use of national defense and security land; management of defense works managed by ministries, sectors, and localities; and construction of safe areas in places with defense works-military areas to coordinate management and protection, while reporting to the Government for approval every five years on the situation related to the management and protection of defense works-military areas.

The Ministry of National Defense shall coordinate with the Ministry of Public Security to manage foreigners entering and exiting localities and areas with CTQP - special defense zones according to the regulations of the Government.

Article 8. The funds allocated for managing, protecting, preserving, and utilizing CTQP - special defense zones of units under the Ministry of National Defense are part of the annual budget estimate of the Ministry of National Defense, fully complying with the established procedures for budget preparation, execution, settlement, and current financial management regulations. Annually, the Ministry of National Defense prepares the budget estimate and settlement report based on each unit under its jurisdiction to consolidate and submit to the Government for approval.

Ministries, agencies at the level of ministries, government agencies, and provincial People's Committees directly under the central government shall prepare the budget estimates for managing, protecting, and preserving CTQP within their respective localities and sectors in the annual budget estimates of their respective localities and sectors, to be submitted to the Government for approval in accordance with the provisions of the law.

Chapter 2.

GRADATION OF MANAGEMENT AND PROTECTION OF CTQP - SPECIAL DEFENSE ZONES

Article 9. The Ministry of National Defense shall uniformly implement state management over the management, protection, preservation, and utilization of CTQP - special defense zones throughout the country.

1. The General Staff Department shall directly assist the Ministry of National Defense in directing the implementation of tasks related to the management, protection, preservation, and utilization of CTQP - special defense zones belonging to Groups 1 and 2.

2. The Logistics General Department shall directly assist the Ministry of National Defense in directing the implementation of tasks related to the management, protection, preservation, and utilization of CTQP - special defense zones belonging to Group 3.

3. Military regions, corps, branches, border defense forces, and equivalent units shall have the responsibility for managing, protecting, preserving, and utilizing CTQP - special defense zones assigned to them.

4. Provincial Military Command Departments, municipal military command departments directly under the central government, and equivalent division-level units shall have the responsibility for managing, protecting, preserving, and utilizing CTQP - special defense zones assigned to them.

5. Ministries, agencies at the level of ministries, government agencies, and provincial People's Committees directly under the central government shall manage, protect, preserve, and utilize underground special works and civil air-raid and civil defense works assigned to them.

Article 10. The Operations Bureau of the General Staff Department shall directly assist the General Staff Department in directing the implementation of tasks related to the management, protection, preservation, and utilization of CTQP - special defense zones in the following aspects:

1. Directing the management, protection, preservation, and utilization of CTQP - special defense zones belonging to Groups 1 and 2 that already exist, natural caves planned, high ground areas with defensive value, and obstacle zones.

2. Proposing policies and measures for planning defense land, comprehensive plans for the management, protection, preservation, and utilization of CTQP - special defense zones belonging to Groups 1 and 2 annually, every five years, and long-term according to the general direction of the Ministry of National Defense.

3. Taking the lead in preparing the annual budget plan for the management, protection, and preservation of CTQP - special defense zones belonging to Group 1, reporting to the General Staff Department for approval and notifying the tasks to units under the Ministry of National Defense.

4. Taking the lead and coordinating with the Construction Management Land Bureau (CMLB) of the Logistics General Department to manage land for CTQP - special defense zones.

5. Managing files of CTQP - special defense zones belonging to Group 1 and handling files of CTQP - special defense zones belonging to Groups 1 and 2 that need to change their purpose of use, relocation, or demolition according to Article 28 of this Regulation.

6. Taking the lead and coordinating with the Security Protection Bureau (SPB) of the Political General Department and relevant agencies and units to direct the determination of boundaries of restricted areas, protected areas, and defense areas. Summarizing the situation of management and protection of CTQP - special defense zones to report to the Ministry and then to the Government as required.

Article 11. The Construction Management Land Bureau shall directly assist the Director of the Logistics General Department and the Ministry of National Defense in directing the implementation of tasks related to the management, protection, preservation, and utilization of CTQP - special defense zones in the following aspects:

1. Directing the management, protection, preservation, and utilization of CTQP - special defense zones belonging to Group 3.

2. Proposing policies, measures, and plans for construction and comprehensive plans for the management, protection, and preservation of CTQP - special defense zones belonging to Group 3.

3. Taking the lead in preparing the budget plan for the management, protection, and preservation of CTQP - special defense zones belonging to Groups 2 and 3 that already exist, reporting to the Logistics General Department for approval by the Ministry of National Defense and notifying the budget to units for implementation.

4. Coordinating with the Operations Bureau to direct, guide, and resolve issues related to land procedures for CTQP - special defense zones.

5. Managing files of CTQP - special defense zones belonging to Groups 2 and 3 and handling files of CTQP - special defense zones belonging to Group 3 that need to change their purpose of use, relocation, or demolition. Coordinating with the Operations Bureau to handle files of CTQP - special defense zones belonging to Group 2 according to Article 28 of this Regulation.

Article 12. The Planning and Investment Bureau shall participate with relevant agencies and the Finance Bureau to assist the Ministry of National Defense in compiling plans to ensure the budget for the management, protection, preservation, and utilization of CTQP - special defense zones in the annual national defense budget plan to be submitted to the Government for approval.

Article 13. The Finance Bureau shall assist the Ministry of National Defense in managing the budget to ensure the tasks of managing, protecting, preserving, and utilizing CTQP - special defense zones. Coordinating with the Operations Bureau, the Construction Management Land Bureau, and the Engineering Corps Command to establish and allocate budget estimates within the scope of their responsibilities.

Article 14. The Security Protection Bureau shall serve as an advisory body assisting the head of the Political General Department and the Ministry of National Defense in managing and protecting CTQP - special defense zones in the following aspects:

1. Advising the Ministry of National Defense on regulations for the confidentiality of CTQP - special defense zones, political standards for selecting personnel to work in specialized protection units, and units stationed directly and working in functional agencies managing CTQP - special defense zones.

2. Reviewing personnel and issuing permits for those responsible for entering and exiting CTQP - special defense zones of Types 1 and 2 belonging to Groups 1 and 2 managed by the Ministry.

3. Directing security protection operations, inspecting security protection work, and the situation of unit construction and safe areas in protected areas and defense areas of units managing CTQP - special defense zones and local teams, coordinating with local police authorities to grasp the situation of management and protection of CTQP - special defense zones.

4. Coordinating with the Operations Bureau to direct units under the Ministry of National Defense to determine boundaries, markers, signs of areas, the situation of protection and construction in localities with CTQP - special defense zones.

5. Cooperate with functional agencies of the Ministry of Public Security to monitor the activities of foreigners in localities where there are CTQP – special security zones belonging to group 1, promptly informing management units responsible for protecting CTQP – special security zones.

Article 15. Other relevant agencies shall have the responsibility to coordinate and participate in performing the State management functions of the Ministry of National Defense in managing, protecting, and utilizing CTQP – special security zones according to their assigned tasks and responsibilities.

Article 16. Responsibilities of the Engineering Corps Command:

1. The Engineering Corps Command directly manages, protects, and preserves CTQP – special security zones under its jurisdiction, including:

a. Central Base Areas (ATK)

b. Underground works and special works serving the tasks of Party and State leadership.

c. Underground works under the SCH of the Ministry of National Defense.

d. Mobility roads and internal roads in these areas.

e. Strategic river crossing docks.

g. Ensuring SCH projects of the Ministry of National Defense.

2. Monitor, compile, and aggregate original files of CTQP – special security zones belonging to group 1.

3. Study and develop procedures for preservation, maintenance, minor repairs, covering, camouflage, and opening sealed storage facilities of CTQP – special security zones belonging to group 1, guiding subordinate units of the Ministry of National Defense to implement them.

4. Inspect and manage the quality of preservation, maintenance, repair, covering, camouflage, and opening sealed storage facilities to protect and open sealed storage facilities to put projects into use by subordinate units of the Ministry of National Defense. Coordinate with the Operations Department and the Finance Department regarding the preparation and allocation of budget estimates for managing, protecting, and preserving CTQP – special security zones belonging to group 1 for subordinate units of the Ministry of National Defense.

5. Appraise the compensation value of CTQP – special security zones belonging to group 1 that need to change their purpose of use, relocation, demolition, in accordance with Article 28 of this Regulation.

Article 17. Combat Operations Departments, Engineering Departments, Financial Departments, Construction Land Management Departments, Security Protection Departments, and other relevant departments at various levels according to their assigned functions and tasks shall be responsible for advising and assisting commanders at all levels in managing, protecting, preserving, and using CTQP – special security zones within their designated scope.

Chapter 3.

PROVISIONS ON THE PROTECTION OF CTQP – SPECIAL SECURITY ZONES

Article 18. The boundaries of CTQP – special security zones with KVC, KVBV, and VĐAT are determined according to the list attached to Decree No. 04/CP dated January 16, 1995 of the Government, now specified as follows:

1. Scope and boundaries of the restricted area are defined by the land area granted or managed according to the decision of the competent authority. There will be walls, fences, moats, markers, and signs, depending on the available investment funds, to choose appropriate forms to determine boundaries for each CTQP – special security zone, but must have markers and signs.

2. Scope and boundaries of the protection area are determined by different distances and limits, depending on the nature of each CTQP – special security zone, and have markers and signs to delineate.

a) For fire support works, the limit within the effective range of fire, depending on the type of gun or artillery, is determined by the military unit managing the work.

b) For CTQP – special security zones storing weapons, explosives, fuel, and other chemicals, the distance for safe protection of such works is determined according to the regulations of the Government and the main managing ministries and sectors.

c) For other CTQP – special security zones, the protection area is limited within the administrative boundary of the commune or ward where the CTQP – special security zone is located.

3. Scope and boundaries of the safety buffer zone are limited within the administrative boundary of the commune or ward adjacent to the commune or ward where the CTQP – special security zone is located.

4. In cases where inter-district, provincial, and national traffic routes pass through the protection area and safety buffer zone, the boundaries of the areas are calculated from the edge of the road boundary towards the side with the CTQP – special security zone.

5. Units stationed directly, units entrusted with managing CTQP – special security zones, together with People's Committees at all levels, shall determine the boundaries of the restricted area according to regulations on land management for defense and security. The scope and boundaries of the protection area and safety buffer zone are unified with the People's Committee of the district, county, town, or provincial city on-site in writing, accompanied by sketches and maps for coordinated management and protection. The following uniform regulations apply to the scale of sketches and maps:

- From 1/5,000 to 1/1,000 for independent defense works.

- From 1/25,000 to 1/10,000 for CTQP – special security zones.

(The distances and limits of the areas are detailed in Appendix No. 02 attached to this Regulation.)

Article 19. Regulations on markers and signs.

1. Along the boundary of the restricted area, if there is no fence, there must be unified markers according to the regulations of the General Department of Land Administration, using four-sided concrete pillars reinforced with steel grade 200, dimensions 15 x 15cm, height 63cm, buried 35cm underground. The foundation of the pillar is 40 x 40 x 40cm concrete grade 150. The body of the pillar is painted white, the top has red-painted letters, the upper line reads "QS MARKER" in 5cm high, the lower line reads the serial number of the marker in 4cm high. For markers along the boundary of the protection area, the upper line reads "PROTECTION AREA", the lower line reads "PROTECT". (See Appendix No. 03 attached to this Regulation).

Marker positions are placed at the corners of the boundary line and along the boundary of the restricted area, every 100m for areas smaller than 10 hectares; every 250m for areas between 10 to 200 hectares; every 500m to 1000m for areas larger than 200 hectares. For the boundary of the protection area, markers are only placed at intersections with traffic routes entering the area.

2. Signs, use the "RESTRICTED AREA" sign according to Circular No. 05/TT-LB dated March 6, 1995 of the Ministry of Interior and the Ministry of National Defense (see Appendix No. 04 attached to this Regulation).

Sign positions are placed on the right side of the entrance gate to the restricted area (viewed from outside), 5 to 10 meters away from the gate. For CTQP – special security zones types 1 and 2, due to the requirement of remote protection, additional signs must be placed at intersections between the boundary of the protection area, safety buffer zone, and traffic routes entering the area. The placement of signs must be agreed upon with the People's Committee, Military Command, and police at the provincial or centrally-administered city level.

Article 20. Provisions on entry and exit from the restricted area

1. Only those persons responsible, permitted by the competent authority, may enter and exit the restricted area. As follows:

a. For CTQP – QS zones type 1 and 2 belonging to groups 1 and 2 under the management of the Ministry of National Defense, the General Staff shall stipulate, and the Security Protection Bureau shall review personnel and issue certificates.

b. For CTQP – QS zones type 1 and 2 belonging to groups 1 and 2 under the management of Military Regions, Corps, Services, Border Guard Command, or equivalent, the Commander at the same level shall stipulate, and the Security Protection Office at the same level shall review and issue certificates.

c. For CTQP – QS zones type 3 and 4, the head of the unit directly managing shall decide, but in cases where the construction project is important, it must be stipulated by the superior of the unit directly managing and registered with the Security Protection agency at the same level.

2. Persons entering and exiting restricted areas shall only perform tasks that have been approved, travel according to the guidance of the managing unit, and personal items brought in must be registered and inspected.

Filming and photographing restricted areas are prohibited; in special cases, permission from the direct managing unit's superior is required, and only activities serving professional work may be carried out. Information about CTQP – QS zones type 1 and 2 shall not be published on mass media; if necessary, approval from the Chief of the General Staff or the head of the Military Region, Corps, Service, Border Guard Command, or equivalent, and review by the Security Protection agency at the same level regarding the content to be published is required.

Article 21. Regulations for foreigners and economic activities in protected areas and construction sites

1. Foreigners are not allowed to enter restricted areas, security protection zones, and construction sites of CTQP – QS zones, uniformly in accordance with Decision No. 128/TTg dated December 1, 1992, on determining restricted sea and land areas by the Government. In special cases, foreigners may enter these areas only with permits from the Prime Minister, the Minister of Public Security, and the Minister of National Defense.

2. Units stationed directly, specialized units, and units managing CTQP – QS zones shall cooperate with local authorities and police to strictly manage persons coming from other places and returning residents from abroad entering and exiting protected areas and construction sites, preventing free migration and settlement in these areas.

3. Only economic activities that do not affect political security and protect CTQP – QS zones locally are allowed within protected areas and construction sites. Investment projects must be agreed upon in writing by the Ministry of National Defense. The Ministry of National Defense shall coordinate with provincial and municipal People's Committees in prioritizing investment projects to develop socio-economic infrastructure in areas with such zones.

Article 22. Recruitment and personnel transfer regulations

Recruitment and transfer of officers, soldiers, and staff to units managing CTQP – QS zones type 1 and 2 shall follow the political standards set by the Ministry of National Defense. Recruits must study regulations on protecting CTQP – QS zones before assuming duties, and transfers to other units should be limited. Upon completion of their duties and return to their home regions, they must register for management and commit to protecting secrets.

Article 23. Construction area regulations

1. Units assigned to manage CTQP – QS zones must direct directly stationed units, specialized units under their authority, to build safe units closely cooperating with local authorities, police, and people to construct safe areas in terms of political security, secret protection, resource protection, environmental protection, historical and cultural relics, scenic spots, disaster prevention and mitigation. Establish agreements to commit to implementation and handle violations against CTQP – QS zones. Closely integrate mass mobilization work with security protection work, publicize vigilance awareness and sense of responsibility among local people in protecting CTQP – QS zones.

2. Construct safe areas and clusters of safe areas at the commune and district levels. Cluster leaders and inter-cluster leaders shall be assumed by unit commanders or proposed by the Commune or District People's Committee Chairmen. Deputy cluster leaders and members shall be participated by unit commanders, commune or district police chiefs, and grassroots security protection officials, with unit commanders being permanent members.

3. For CTQP – QS zones type 1 and 2, monthly, security protection officers must directly interact with local authorities, police, and people, grasp the situation of the area; every three months, six months, and annually, cluster and inter-cluster standing committees must organize meetings, summarize, evaluate the situation and results of work, and promptly reward outstanding collectives and individuals in constructing safe areas and protecting CTQP – QS zones.

Article 24. Organization of security forces and preservation of construction works

1. Establish specialized engineering units directly managing and protecting large-scale CTQP – QS zones type 1 and 2 belonging to group 1 constructed centrally, these units shall be organized and equipped appropriately according to mission requirements. The organization of specialized units shall be decided by the General Staff presenting to the Minister of National Defense.

2. For CTQP – QS zones belonging to group 2 and 3, and remaining CTQP – QS zones of group 1, no dedicated force shall be organized but entrusted to the units stationed directly at the site for protection. Regular preservation shall be carried out by engineering forces at various levels according to annual plans.

If there is no unit stationed at the site, the local military agency responsible for management may entrust a key household near the construction site to guard and protect daily. Regular preservation shall be carried out by engineering forces at various levels according to annual plans.

If entrusted to civilians for guarding and protecting, regular inspections by the management agency are required, and the guards must be strictly managed according to Article 22 of this Regulation and receive compensation equivalent to 50 kg of rice per construction work per year and 100 kg of rice per cluster of construction works or tunnel per year for guarding and protecting and camouflage outside the construction works.

Article 25. Tasks of units directly managing and protecting CTQP – QS zones.

1. Manage land in restricted areas as prescribed.

2. Organize patrols, guard and protect, preserve, repair, plant camouflage trees, maintain construction works in a state of readiness for long-term use and continuous safety.

3. Establish safety units and cooperate with local authorities to build safe areas in accordance with Article 23 of this Regulation.

4. Adhere to the annual reporting system on management, protection, preservation, and utilization of CTQP – defense zones to superiors, following the contents stipulated in Article 21 of the CTQP – Defense Zone Protection Regulation.

Chapter 4.

REGULATIONS ON THE PRESERVATION, USE, AND PURPOSE CHANGE OF CTQP – DEFENSE ZONES

Article 26. Regulations on the preservation and covering of CTQP.

1. CTQP belonging to Group 1 are always in a state of readiness for combat. The preservation tasks include:

a. Preserving equipment inside the construction according to preservation regulations.

b. Preserving the architectural structure of the construction, including repairing damaged structures and architecture, drainage, waterproofing, camouflage, and maintaining mobile roads within the area.

2. For CTQP belonging to Group 1 that are not permanently in a state of readiness for combat, sealing and covering of the construction entrances must be carried out. Before covering and camouflaging the construction for storage, all equipment must be dismantled and stored in convenient locations for reinstallation as specified by the CTQP – Defense Zone Management Authority. Equipment made of metal attached to the construction structure should be preserved in place. For tunnel constructions, inspections and maintenance should be conducted every three years, and for fortifications, every five years. The Engineering Corps Command is responsible for providing specific guidance on the preservation and covering of constructions belonging to Group 1 in accordance with Clause 3 of Article 16 of this Regulation.

3. Constructions belonging to Groups 2 and 3 shall have specific regulations and guidance on their preservation and repair provided by the Logistics General Department for units under the Ministry of National Defense.

Article 27. Regulations on usage.

1. For CTQP of Types 1 and 2 belonging to Group 1, the General Staff Headquarters shall specify the list and number of constructions that are permanently in a state of readiness for combat and those to be sealed for storage. For CTQP of Types 3 and 4 belonging to Group 1, the Military Region, Army Corps, Military Branches, Border Guard Command, and equivalent entities shall specify these matters. When transitioning to a state of combat readiness and unsealing the constructions for use, such actions must be approved by the competent authority mentioned above.

a. Upon unsealing, the direct managing unit and the specialized preservation unit of the construction must inspect and maintain the equipment systems, supplement missing components according to design specifications, provide operational instructions for specialized equipment if necessary, and hand over necessary documentation to the receiving unit.

b. The receiving unit must use the construction for its intended purpose, continue to preserve and use it, and ensure its security and confidentiality.

2. For CTQP belonging to Group 2, they shall be uniformly utilized according to the planning scheme of the General Staff Headquarters, organized by the units stationed directly and the construction management units based on their assigned functions and responsibilities.

3. For CTQP belonging to Group 3, they shall be uniformly utilized according to the planning scheme of the Logistics General Department, organized by the units stationed directly and the construction management units based on their assigned functions and responsibilities.

Article 28. Regulations on purpose change and relocation demolition.

1. Cases eligible for consideration of purpose change, relocation, and demolition of CTQP – defense zones.

a. CTQP – defense zones that have completed their missions and need to be converted into historical and cultural relics according to approved projects, after reaching an agreement with the Ministry of National Defense.

b. Relocation within national or local economic, cultural, social, and security projects according to approved projects, after reaching an agreement with the Ministry of National Defense.

2. Competent authority, licensing procedures for purpose change, relocation, and demolition of CTQP – defense zones.

a. For CTQP of Types 1 and 2, the Ministry of National Defense proposes the Government to issue decisions on purpose change and relocation demolition.

b. For CTQP of Types 3 and 4, the Ministry of National Defense issues decisions on purpose change, relocation, and demolition or delegates the Military Region Commander to issue such decisions.

c. For cases involving land purpose change of CTQP – defense zones, they shall be implemented in accordance with the Land Law and Decree No. 09/CP dated June 12, 1996 of the Government on the management and use of defense and security lands.

3. - Application form for a business license (Form 1, Form 3).

a. Applications for purpose change, relocation, and demolition from Ministries, agencies at the level of ministries, government agencies, State Project Management Board (PMU), and provincial/municipal People's Committees shall be submitted to the Ministry of National Defense and the CTQP – defense zone management units at the military region, army corps, military branch, Border Guard Command, and equivalent levels.

b. Decisions approving the development planning schemes related to economic and social development projects, after obtaining the consent of the Ministry of National Defense.

c. Maps delineating the boundaries of the project planning land confirmed by the provincial/municipal People's Committee and the Provincial/Municipal Military Command.

d. Design and cost estimates for compensation of CTQP – defense zones prepared jointly by the construction management unit and the relevant PMU.

4. Place of submission, number of applications, processing time limit, and compensation costs.

a. Organizations named in the application, after completing the dossier as stipulated in Clause 3 of this Article, shall submit two copies of the dossier to the Operations Directorate of the General Staff Headquarters and the CTQP – defense zone management unit for constructions belonging to Group 1, and two copies to the Construction and Real Estate Management Directorate of the Logistics General Department and the CTQP – defense zone management unit for constructions belonging to Groups 2 and 3.

b. Within sixty days from the date of receipt of complete dossiers, the Operations Directorate, the Construction and Real Estate Management Directorate of the Logistics General Department, in coordination with relevant functional agencies of the Ministry, Operations Directorate, Engineering Corps, and Construction and Real Estate Management Directorates at various levels, will review the dossiers, conduct on-site inspections, assess the location, quantity, volume, area of land to be reclaimed, and compensation costs as prescribed.

The Operations Directorate shall handle dossiers of CTQP – defense zones belonging to Group 1, coordinating with the Construction and Real Estate Management Directorate to handle dossiers of CTQP – defense zones belonging to Group 2, and report to the General Staff Headquarters and the Ministry of National Defense for decision-making according to the classification at points a and b of Clause 2 of this Article.

- The Construction and Real Estate Management Directorate shall handle dossiers of CTQP – defense zones belonging to Group 3, report to the Logistics General Department and the Ministry of National Defense for decision-making according to the classification at points a and b of Clause 2 of this Article.

c. Compensation costs include:

- Demolition costs of the construction according to the approved technical plan.

- The value of the construction works to be relocated for new construction with equivalent scale to the old works, according to local unit prices at the time of change of purpose, relocation, demolition.

- Values on land within the area as prescribed by the State and localities with CTQP - defense areas.

- Costs for compensation paid into the budget for managing and protecting CTQP - defense areas of the direct management level of CTQP - defense areas.

5. Regulations on changing the purpose of use, relocation, and demolition of CTQP - defense areas within the scope of units under the Ministry of National Defense shall be implemented according to the procedures and steps and contents as stipulated herein.

Chapter 5.

PROVISIONS ON ENSURING ENFORCEMENT

Article 29. The budget ensuring management, protection, and preservation of CTQP - defense areas:

1. Preservation costs include: material costs, fuel costs, machine costs, and labor costs for preserving, maintaining, repairing damaged sections of facilities, sealing, covering, opening and sealing (including opening and sealing for inspection and opening and sealing to put the works into use), and camouflaging the works.

Large repair costs not falling within the scope regulated by this provision.

2. Protection costs include: additional fence costs, boundary marker costs, guard post costs, security operation costs, local meetings, and payment for guarding works entrusted to households.

3. Management costs include: management operations, establishment and reporting of files, inspections, regular and spot checks.

All costs must be budgeted according to regulations and approved by the project management authority of units under the Ministry of National Defense.

Article 30. Building 1

1. Funding for the management, protection, and preservation of CTQP - defense areas in Group 1 is part of the annual budget estimate of the Ministry of National Defense. Construction of combat works annually of the Ministry of National Defense.

2. Funding for the management, protection, and preservation of CTQP - defense areas in Groups 2 and 3 is part of the annual budget estimate for basic construction and camp management and maintenance regularly annually of the Ministry of National Defense.

3. Units under the Ministry of National Defense using funding for the management, protection, and preservation of CTQP - defense areas must ensure compliance with the intended purposes according to plans within the approved annual budget estimates and comply with final accounts as prescribed.

4. Funding for the management, protection, and preservation of CTQP - defense areas managed by various ministries, sectors of the State, and provincial/municipal people's committees directly under the central government is part of the annual regular budget estimates of these ministries, sectors, and localities.

Article 31. All CTQP - defense areas must register and establish files for management according to Article 18 and 19 of the Regulation on Protecting CTQP - Defense Areas issued together with Decree No. 09/CP dated January 16, 1995 of the Government.

1. Units under the Ministry of National Defense must report completed project files annually to the Ministry of National Defense through the competent agencies specified in Articles 10, 11, and 16 of this Provision in the first quarter of the following year.

2. Files of special underground projects of state ministries and sectors, in addition to being stored according to regulations at those ministries and sectors, are also stored at the Ministry of National Defense.

3. Files of civil defense and defense works, in addition to being stored according to regulations at ministries and sectors and provincial/municipal people's committees directly under the central government, are also stored at military command departments of provinces and municipalities directly under the central government.

Article 32. Files of CTQP - defense areas are classified for storage according to Article 19 of the Regulation on Protecting CTQP - Defense Areas issued together with Decree No. 04/CP dated January 16, 1995 of the Government, as follows:

1. CTQP - defense areas of Type 1 managed by the Ministry of National Defense are top secret

2. CTQP - defense areas of Type 1 managed by military regions, corps, branches, Border Guard Command, or equivalent levels and CTQP - defense areas of Type 2 are highly secret.

3. CTQP - defense areas of Types 3 and 4 are secret.

Article 33. Units under the Ministry of National Defense assigned to manage CTQP - defense areas in Group 1, based on the planning of combat scenarios, must prepare maps of existing national defense works and supplement newly completed national defense works annually for monitoring, management, and protection, established by combat and engineering departments at all levels.

Provisions on map scales:

1. Provincial and city levels and equivalents establish on maps at a scale of 1/50,000

2. Military region, corps, branch, Border Guard Command levels establish on maps at a scale of 1/100,000

3. Central level establishes on maps at a scale of 1/500,000

Article 34. Inspection, supervision, and handling of violations.

1. The Inspectorate of the Ministry of National Defense and defense inspectors at all levels are the main bodies organizing inspections of the enforcement of the Law on Protecting CTQP - Defense Areas, government and ministry regulations on enforcing the Law. Units under the Ministry of National Defense have the responsibility to create favorable conditions for inspections and strictly implement decisions made by inspectors.

2. Defense inspection agencies at all levels in the military are permitted to inspect individual aspects or the entire management and protection activities of CTQP - defense areas of units, but must be authorized by superiors or peers. During inspections, the location, scale, nature, and mission of CTQP - defense areas must be kept confidential.

3. Heads of units under the Ministry of National Defense responsible for managing and protecting CTQP - defense areas must regularly check the protection of CTQP - defense areas under their jurisdiction.

4. All management and protection activities of CTQP - defense areas of units under the Ministry of National Defense are subject to inspection by state management agencies. Inspections can be conducted on individual aspects or the entire process depending on the nature of the works and the content of the work.

5. Military personnel, civilian employees of the defense sector violating management and protection of CTQP - defense areas will be handled according to military regulations, fined administratively, or prosecuted criminally according to the law.

Any individual violating the protection of CTQP - defense areas will be administratively fined according to Decree No. 24/CP dated April 18, 1996 of the Government on administrative penalties in the field of national defense, and may also be prosecuted criminally according to the law depending on the nature and severity of the violation.

Chapter 6.

IMPLEMENTATION

Article 35. The Ministries, agencies at the level of ministries, government agencies, and People's Committees of provinces and centrally governed cities, and units under the Ministry of National Defense shall be responsible for directing, guiding, inspecting, urging functional agencies under their jurisdiction to implement management and protection of CTQP – military zones within the scope assigned according to the provisions of the Ordinance on Protection of National Defense Works and Military Zones and Government Decree No. 04/CP on Regulations on Protection of National Defense Works and Military Zones, as well as specific provisions of this Regulation.

Article 36. Provincial Military Commanders, centrally governed city Military Commanders shall coordinate with People's Committees at all levels and armed forces units in their areas to guide, inspect, urge implementation of management and protection of CTQP – military zones in their localities.

Article 37. The General Staff (Operations Department), the Logistics General Department (Construction and Land Management Department), the Planning and Investment Department of the Ministry of National Defense, the Finance Department, the Security Protection Department, and the Engineering Corps Command shall be responsible for guiding implementation of contents within their respective responsibilities. In the process of implementing this Regulation, if there are difficulties or obstacles, they shall promptly report to the Ministry of National Defense for consideration and guidance to resolve them./.