Decision No. 31/2023/QD-TTg stipulates the functions, tasks, powers, and organizational structure of the National Border Committee under the Ministry of Foreign Affairs.

Pursuant to …;

Regulations on functions, tasks, powers, and organizational structure

of the National Border Committee under the Ministry of Foreign Affairs

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Pursuant to the Law on the Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on the Organization of the Government and the Law on the Organization of Local Administration dated November 22, 2019;

Pursuant to Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies; Decree No. 101/2020/NĐ-CP dated August 28, 2020 amending and supplementing certain provisions of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

Pursuant to Decree No. 158/2018/NĐ-CP dated November 22, 2018 of the Government stipulating the establishment, reorganization, and dissolution of administrative organizations;

BASED ON DECREE NO. 81/2022/NĐ-CP dated October 14, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

At the proposal of the Minister of Foreign Affairs;

The Prime Minister issues this Decision stipulating the functions, tasks, powers, and organizational structure of the National Border Committee under the Ministry of Foreign Affairs.

Article 1. Position and Functions

1. The National Border Committee (hereinafter referred to as the Committee) is an agency at the general department level under the Ministry of Foreign Affairs, assisting the Minister of Foreign Affairs in performing state management functions over national borders and territories.

2. The Committee has legal personality, bears the State Emblem seal, and is entitled to open an account at the State Treasury in accordance with the law, with its headquarters located in Hanoi City.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Advising the Minister of Foreign Affairs to submit to the Government, the Prime Minister, and competent authorities:

a) Draft laws, draft resolutions of the National Assembly; draft ordinances, draft resolutions of the Standing Committee of the National Assembly; draft decrees, resolutions of the Government; draft decisions, directives of the Prime Minister regarding border work, national territory;

b) Draft international treaties on delimitation, demarcation, and marker placement for national land borders; maritime delimitation and international treaties on national borders, border gates between Vietnam and neighboring countries;

c) Various plans for delimiting national borders, determining airspace boundaries, and maritime zones of Vietnam with neighboring countries; determining the scope of sovereignty, sovereign rights, and jurisdiction of Vietnam on land, airspace, maritime zones, and islands;

d) Strategies, national target programs, action programs, projects, and important initiatives concerning border work, national territory or related to border work, national territory.

2. Submitting to the Minister of Foreign Affairs for consideration and decision:

a) Draft circulars and other documents on border work, national territory;

b) Long-term, medium-term, and annual plans on border work, national territory.

3. Implementing policies, laws, strategies, plans, programs, projects, and initiatives on border work, national territory after they have been issued or approved by competent authorities.

4. Providing professional guidance on state management of national borders and territories within their authority.

5. Organizing information dissemination and popularization of Party guidelines and State laws on national borders and territories; international treaties and legal documents on borders that Vietnam has signed or joined.

6. Studying and proposing policies for signing and implementing international treaties on borders and territories, including international treaties on national borders and border gates between Vietnam and neighboring countries.

7. Advising, proposing, and organizing negotiations to resolve border and territorial issues with relevant countries.

8. Directing, guiding, organizing implementation, and inspecting the delimitation and marker placement of national borders based on international treaties on borders signed between Vietnam and neighboring countries.

9. Summarizing and evaluating the situation of border and territorial management on land, maritime zones, islands, and airspace of Vietnam; forecasting, proposing policies, measures, and appropriate management methods to report to the Government as prescribed.

10. Assisting the Minister of Foreign Affairs in leading and coordinating with ministries, ministerial-level agencies, relevant agencies, and localities to implement inspections, monitoring, summarizing situations, and resolving legal disputes over borders and territories; political, diplomatic, legal, and public opinion struggles to protect borders, territorial integrity, sovereignty, sovereign rights, jurisdiction, and legitimate interests of Vietnam in border areas on land, maritime zones, islands, and airspace, and other legitimate interests of Vietnam in international maritime and airspace.

11. Building and proposing Vietnam's stance at international forums related to borders and territories; proposing policies and building proposals and legal files to serve the resolution of border and territorial disputes before international judicial bodies; collecting and consolidating evidence to establish legal and practical foundations affirming Vietnam's sovereignty over borders and territories.

12. Implementing international cooperation related to national borders and territories in accordance with the law; dialoguing on issues related to borders and territories with relevant countries and partners; leading and coordinating the organization of international conferences and seminars on borders and territories in Vietnam.

13. Advising on the construction and implementation of policies, strategies, planning, and development of border gate systems across the country; advising the Government on policies for opening and upgrading land border gates and measures to be implemented to ensure the stability and clarity of the border line and national boundary markers.

14. Handling or guiding the handling of issues arising from the activities of ministries, ministerial-level agencies, relevant agencies, and localities related to sovereignty, sovereign rights, jurisdiction, and national interests on land, maritime zones, islands, and airspace, and other legitimate interests of Vietnam in international maritime and airspace.

15. Assisting the Minister of Foreign Affairs in leading and coordinating with ministries, ministerial-level agencies, relevant agencies, and localities to build a national database system on borders and territories.

16. Review maps and publications related to the national border, airspace, maritime zones, islands, and archipelagos of Vietnam before publication and distribution.

17. Implement tasks related to administrative reform, digital transformation, application of technology for electronic government and digital government development, information security, and safety according to programs and plans of the Ministry of Foreign Affairs and as prescribed by law.

18. Manage organizational structure, staffing, and job positions; implement salary systems and other incentive policies, training, commendation, rewards, disciplinary measures, and other policies for civil servants and employees under the management of the Committee in accordance with the law and the delegation of the Minister of Foreign Affairs.

19. Manage financial resources and assets assigned and organize the implementation of state budgets allocated according to the provisions of the law.

20. Coordinate with the Inspectorate of the Ministry to inspect and check the implementation of legal regulations in the field of borders and territories within the scope of state management of the Ministry of Foreign Affairs; organize citizen reception, complaints resolution, and anti-corruption measures in accordance with the law.

21. Perform other tasks and powers delegated or authorized by the Minister of Foreign Affairs and as prescribed by law.

Article 3. Organizational Structure

1. The Land Border Department.

2. The Sea Department.

3. The Policy, Legal, and Information Department.

4. Office;

The issuance of work regulations, decisions detailing functions, tasks, powers, and organizational structures of subordinate units of the Committee shall be carried out in accordance with the law and the delegation of the Minister of Foreign Affairs.

Article 4. Leadership of the Committee

1. The Committee has a Director and not more than four Deputy Directors.

2. The Minister of Foreign Affairs assigns a Deputy Minister to serve as the Director of the Committee. The Director of the Committee is responsible to the Minister of Foreign Affairs and the law for all activities of the Committee.

3. Deputy Directors of the Committee are appointed and relieved from their posts by the Minister of Foreign Affairs upon the recommendation of the Director of the Committee. Deputy Directors of the Committee are responsible to the Director of the Committee and the law for the areas of work they are assigned.

4. The appointment and relief of heads and deputies of heads of units under the Committee shall be carried out in accordance with the law and the delegation of the Minister of Foreign Affairs.

Article 5. Transitional Provisions

1. The Western Border Department, the Vietnam-China Border Department, and the Propaganda Information and Documentation Department continue to perform their assigned functions and tasks until the Minister of Foreign Affairs issues a Decision specifying the functions, tasks, and powers of the Land Border Department and the Policy, Legal, and Information Department.

2. The Ministry of Foreign Affairs is responsible for directing the organization to rearrange functions, tasks, organizational structures, personnel, finances, assets, and handle related issues of subordinate units of the Committee within thirty days from the date this Decision takes effect.

Article 6. Effectiveness and Responsibility for Implementation.

1. This Decision takes effect from February 10, 2024.

2. This Decision replaces Decision No. 10/2019/QĐ-TTg dated February 18, 2019, of the Prime Minister stipulating the functions, tasks, powers, and organizational structure of the National Border Committee under the Ministry of Foreign Affairs.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and centrally-administered city People's Committees, Directors of the National Border Committee, and relevant agencies and organizations are responsible for implementing this Decision.