Circular No. 2866/1998/TT-BQP guides the implementation of 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

||| Guidelines for implementing Decree No. 02/1998/NĐ-CP dated January 6, 1998

||| of the Government detailing the implementation of certain provisions

||| of the Border Guard Ordinance

||| On January 6, 1998, the Government issued Decree No. 02/1998/NĐ-CP detailing the implementation of certain provisions of the Border Guard Ordinance.

||| To organize and implement uniformly the Government's Decree, the Ministry of National Defense provides guidance as follows:

||| Article 1. Organization of the Border Guard

||| 1. The Border Guard Command level has a Commander and Deputy Commanders. The organization of the Border Guard Command includes:

||| a) The Border Guard Command Office.

||| - Operations Department.

||| - Political Department.

||| - Intelligence Department.

||| - Logistics and Engineering Department.

||| - Command Office concurrently serving as the Party Committee Office of the Border Guard.

||| - Inspectorate of the Border Guard.

||| - Finance Department.

||| - Administrative and Logistics Department.

||| b) Units subordinate to the Border Guard Command.

||| - Border Guard Schools: Border Guard University, Border Guard Secondary School, and the Training and Service Dog Breeding Center.

||| - Border Guard Naval Squadron.

||| - Information Battalion.

||| - New Recruit Training Center.

||| - Service and Employment Introduction Center.

||| - Defense Enterprises.

||| - Criminal Investigation Department.

||| - Military Prosecutor's Office of the Border Guard shall be organized within the Border Guard according to the law.

||| 2. The Provincial/Municipal Border Guard Command level has a Commander and Deputy Commanders. The organization of the Provincial/Municipal Border Guard Command includes:

||| a) The Provincial/Municipal Border Guard Command Office.

||| - Operations Section.

||| - Political Section.

||| - Intelligence Section.

||| - Logistics and Engineering Section.

||| - Financial Section.

||| - Administrative Section.

||| b) Units subordinate to the Provincial/Municipal Border Guard Command.

||| - Border Guard Squadron.

||| - Mobile Unit (company, battalion).

||| - Border Guard Subdistrict (if any).

||| - New Recruit Training Company or Battalion.

||| 3. The Border Post level has a Post Commander and Deputy Post Commanders.

||| a) Border Post System:

||| - Land border posts, sea border posts, island border posts.

||| - Land border gate posts, railway border gate posts.

||| - Port border gate posts.

||| - Airport border gate posts.

||| Depending on the nature of tasks and operational areas of the Border Posts, the General Staff will specify the classification of Border Posts into Class I, II, and III.

||| b) Each Border Post has Border Guard Task Forces, Border Control Stations, and service units.

||| Article 2. Management and Command Mechanism of the Border Guard

||| 1. The Border Guard Command is directly under the management and command of the Minister of National Defense and the Chief of the General Staff regarding border guard work and Border Guard construction; at the same time, it is subject to the professional guidance of relevant departments under the Ministry of National Defense. In performing its functions and duties, the Border Guard Command can interact with related ministries and sectors to advise the Minister on national border management and protection and Border Guard construction.

||| 2. The Provincial/Municipal Border Guard Command, Border Guard Naval Squadron are directly under the management and command of the Border Guard Commander, and subject to professional guidance from departments under the Border Guard Command.

||| In carrying out defense and combat missions in provincial/municipal border areas, the Provincial/Municipal Border Guard Command is under the command of the Regional Military Commander and the Commander of the Provincial/Municipal Military Command, and the Commander of the Naval Zone.

||| 3. Border Posts, Border Guard Squadrons, Mobile Units, and Border Guard Subdistricts are directly under the management and command of the Provincial/Municipal Border Guard Command Commander.

||| In carrying out defense and combat missions, Border Posts, Border Guard Squadrons, Mobile Units, and Border Guard Subdistricts are under the unified command of the County Military Command Commander and the Naval Zone Commander.

||| 4. Border Guard Schools, criminal investigation agencies, and defense enterprises within the Border Guard are organized and operate according to the law, guided by the Ministry of National Defense, managed and directed by the Border Guard Command, and professionally guided by higher-level agencies.

||| 5. Specific organizational structure, staffing, equipment, and tasks of agencies, units, and schools within the Border Guard are regulated by the General Staff.

||| 6. The coordination mechanism for task implementation between the Border Guard Command and the Regional Military Command, Naval Zone Command; and between the Provincial/Municipal Border Guard Command, Border Guard Naval Squadron and the Provincial/Municipal Military Command, Naval Zone Command shall be carried out according to the decision of the Minister of National Defense.

Article 3. Authority to decide on restricting or temporarily suspending activities in border areas and crossing the border

1. Border Guard Post Commander:

a) To manage and protect the national border, ensure the safety of lives and property of citizens and the State, the Border Guard Post Commander has the authority to restrict or temporarily suspend certain activities within the border belt under their management for no more than twelve hours and at secondary border gates or temporary crossing routes for no more than six hours in the following cases:

- Areas where serious territorial disputes are occurring, which do not guarantee the safety of activities and border crossings.

- Areas where armed activities, robbery, terrorism, kidnapping are taking place, which do not ensure the safety of lives and property of citizens.

- Areas where serious disturbances to public security and order are occurring.

- Areas where the pursuit of criminals, illegal border crossing, smuggling, transportation of narcotics, weapons, and explosives according to higher-level plans is being carried out.

- Areas where infectious diseases are spreading, causing severe environmental pollution, or fires.

- Upon receiving notification from the adjacent country's border guard to restrict or suspend border crossings.

- To comply with orders to temporarily suspend border crossings issued by competent authorities.

b) Activities that may be restricted or suspended include:

- Entering and exiting the border belt, areas affected by epidemics, fires, natural disasters, and border gate areas (excluding main border gates and those for third-country nationals).

- Crossing the border at secondary border gates or temporary crossing routes.

- Holding markets, organizing festivals...

- Production by citizens, construction projects, resource exploitation…

c) When deciding to restrict or temporarily suspend certain activities in the border belt and border crossings, the Border Guard Post Commander must report to the Commandant of the Border Guard Command, the Chairman of the People's Committee of the district,

the Commandant of the Military Command of the district, the Head of the Police Department of the district, and inform the People's Committee of the commune where the activity takes place, units, and agencies operating in the area.

The decision to restrict or temporarily suspend border crossings must be notified to the opposite Border Guard Post of the adjacent country.

2. Commandant of the Provincial Border Guard Command:

a) Has the authority to restrict or temporarily suspend certain activities in border areas under their management for no more than twenty-four hours and at main border gates for no more than six hours (excluding border gates for third-country nationals) in the following cases:

- Areas where armed conflicts are occurring.

- Areas where enemy armed forces are infiltrating, causing destruction, and seriously disrupting public security and order.

- Areas where large-scale sweeps against bandits and the capture of criminal gangs and smugglers are being conducted.

- Areas where infectious diseases are spreading, causing severe environmental pollution, or fires.

- Upon receiving notification from the adjacent country's border guard to restrict or suspend border crossings at main border gates.

- To comply with orders from the Chairman of the Provincial People's Committee, the Prime Minister.

b) Activities that may be restricted or suspended include:

- Entering and exiting border areas (excluding border gates for third-country nationals).

- Holding markets, organizing festivals...

- Production, construction projects, resource exploitation...

- Entering and exiting areas affected by epidemics, environmental pollution, fires, and potential natural disasters.

c) The Commandant of the Provincial Border Guard Command when making a decision to restrict or temporarily suspend must report to the Border Guard Force Commander, the Military Region Commander, the Chairman of the Provincial People's Committee, and inform the Commandant of the Provincial Military Command and the Director of the Provincial Police Department. Decisions to restrict or temporarily suspend border crossings must be notified to the adjacent country's border guard.

3. Decisions by the Border Guard Post Commander and the Commandant of the Provincial Border Guard Command regarding restrictions or temporary suspension of certain activities in border areas and border crossings, and notifications to relevant agencies must be made in writing according to a unified form guided by the Border Guard General Command.

4. The content of the decision includes:

- Reasons for restriction or temporary suspension.

- Location: Village (commune), border gate, border crossing route, river mouth, creek, and areas determined by coordinates (on land, sea).

- Specific activities and persons or means of transport subject to restriction or temporary suspension.

- Start and end times.

- Responsibilities of relevant agencies and units.

5. The person making the decision to restrict or temporarily suspend shall bear legal responsibility and accountability to superiors for their decision.

6. When the decision to restrict or temporarily suspend expires, if there is no extension decision from a superior or the situation has returned to normal, the issuing authority must notify relevant agencies and the public; simultaneously reporting to superiors on the resumption of normal activities.

Article 4. Coordination relations between Border Guard Forces and border protection forces, local authorities of adjacent countries

1. Border Guard Forces shall coordinate with border guard forces of adjacent countries to implement international treaties on borders and cooperate in combating actions detrimental to bilateral border relations.

a) Border Post Commanders may coordinate with border post commanders of adjacent countries in the following cases:

- Periodically or urgently reporting border situations relevant to both sides as stipulated in the Agreement signed by the governments of the two countries.

-  Notifying restrictions or temporary suspension of crossing the border by persons and means of transport.

- Notifying, receiving, and returning violators of the Agreement on Border Regulations.

- Organizing joint patrols, inspecting border markers, cooperating in combating and apprehending criminals.

- Resisting activities violating territorial sovereignty and national border security.

- Visiting for courtesy at the invitation of the border post of the adjacent country on holidays and festivals; expressing condolences and greetings when there is a state funeral or natural disaster causing casualties and property damage in the border area.

b) Provincial Border Guard Force Commanders may coordinate with the commanders of border guard forces of adjacent countries in the following cases:

- Participating in local and state negotiation delegations as directed by the Border Guard Corps Command.

- Exchanging information on the implementation of the Agreement on Border Regulations according to the content agreed and permitted by the governments of the two countries.

- Visiting for courtesy at the invitation.

c) Border Guard Corps Commanders may coordinate with border protection forces of adjacent countries in the following cases:

- Visiting for courtesy at the invitation of government agencies.

- Participating in state delegations negotiating about borders as designated by the Minister of National Defense.

2. Forms of coordination:

Meeting directly to welcome, report situations, and resist activities violating the Agreement on Border Regulations.

- Indirectly: Sending letters, telegrams of congratulations, condolences, and reports on situations, resisting activities violating the Agreement on Border Regulations.

3. Prior to coordinating with border guards of neighboring countries, border guard commanders at all levels must report to their superiors and seek guidance on the content, form, participants, time, location, and other necessary issues of the coordination.

4. During work with counterparts, they must strictly adhere to approved content, the foreign policy guidelines of the Party and State, and prohibit arbitrary actions, disclosures of state secrets, military secrets, etc., that harm national sovereignty and friendly relations between the two countries.

The content of coordination and work must be recorded in minutes (bilateral or unilateral). If the minutes are bilateral, they must be written in Vietnamese and the language of the adjacent country, with signatures from representatives of both sides confirming.

5. Border guard commanders at all levels bear responsibility under the law and to their superiors for their own activities when implementing border guard foreign relations.

Article 5. Coordination in Implementing Border Guard Functions

To fulfill its core function of specialized management and protection of national territorial integrity, border security, and social order, the Border Guard Corps Command may coordinate with relevant Ministries and Departments to advise the Minister of National Defense on directing and guiding the implementation of border guard functions according to the Ministry of National Defense's working regulations.

1. Coordinating with functional agencies under the Ministry of Public Security to exchange information related to security and social order incidents occurring in border areas; receiving guidance on police operations: combating crimes against national security, social order, and safety, and cooperating in protecting security, investigating, and apprehending criminals, preventing violations of entry-exit regulations, smuggling in border areas, and coastal regions._{CLASS MONOCOTYLEDON} 2. Coordinating with functional agencies under the Ministry of Foreign Affairs to exchange information related to diplomatic activities on borders; receiving guidance on diplomatic operations, directing the resolution of incidents occurring in border areas and coastal regions involving foreign countries according to Vietnamese laws and international treaties Vietnam has signed or joined.

3. Coordinating with functional agencies under the Government's Border Committee to report situations related to border management and protection; receiving guidance on implementing laws on border management and protection, the system of national boundary markers, and handling procedures for resolving border violations. Organizing surveys and collecting materials to serve negotiations, diplomatic struggles, and other issues arising in border areas and coastal regions.

4. Coordinating with relevant Ministries and Departments, Party Committees, and People's Councils at all levels in directing and guiding provincial Border Guard Commands, Sea Detachments, and Border Posts in fulfilling border management and protection tasks within their authority and participating in national programs for economic, cultural, and social development, poverty reduction in border areas; building a strong people's border defense foundation in border districts, coastal areas, and islands.

5. Participating in national programs related to border management and protection tasks such as economic, cultural, and social development in border and island areas, crime prevention, drug trafficking, weapons smuggling, and cross-border smuggling.

6. When coordinating with Ministries and Departments or participating in state programs under the authorization of the Ministry of National Defense, the Border Guard Corps Command shall be guided by functional agencies under the Ministry of National Defense; simultaneously, it bears the responsibility to report results to the Minister and relevant functional agencies of the Ministry for unified management and direction.

6. When implementing relations with Ministries, sectors, or participating in state programs under the authority of the Ministry of National Defense, the Border Guard Command shall be subject to professional guidance from functional agencies under the Ministry of National Defense; at the same time, it shall be responsible for reporting results to the Minister and relevant functional agencies of the Ministry for unified management and direction.

Article 6. Work to ensure the implementation of policies and benefits for Border Guard Forces

1. The General Staff shall direct the Border Guard Force Command to cooperate with the General Departments and functional agencies of the Ministry of National Defense to work with relevant ministries and sectors to study and propose to the Ministry:

2. A plan to ensure state budget allocation, prioritized by the Government for investment in infrastructure construction for Border Guard Posts within the total budget estimate of the Ministry to ensure the construction of combat and defense works, barracks, electricity and clean water facilities, communication and transportation equipment for posts, stations, mobile border guard units, and patrol roads along the border.

Direct the Border Guard Force Command to coordinate with the General Departments and the Military Finance Department to study and propose to the Ministry on the recruitment of children from ethnic minorities and people from other areas under 18 years old to settle in border and island areas for long-term service in the Border Guard Force, together with other supporting policies and systems to organize the implementation.

2. The Political General Department shall direct the Border Guard Force Command to cooperate with the State Awards Institute to study reward systems and forms for Border Guard officers and soldiers who have worked for many years in border and island areas.

Article 7. Implementation Provisions

1. This Circular takes effect from the date of signature.

2. Comrades General Chief of Staff, Chiefs of General Departments, General Department Directors, Heads of subordinate agencies and units of the Ministry, and the Border Guard Force Command are responsible for implementing this circular.

In the process of organizing and implementing, if there are any difficulties, units shall promptly report to the Ministry for research and supplementary guidance./.