Decree No. 34/2000/NĐ-CP Issuing the Border Zone Regulations for the Land Border Area of the Socialist Republic of Vietnam

DECREE OF THE GOVERNMENT

Regarding the Regulation on the land border area of the Socialist Republic of Vietnam

 _____________________

THE GOVERNMENT

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

To strengthen management, protect sovereignty, security, public order, and social safety in the land border area of the Socialist Republic of Vietnam;

At the proposal of the Minister of National Defense,

 

DECREE:

PART I

GENERAL PROVISIONS

Article 1.

This Decree stipulates the land border area of the Socialist Republic of Vietnam; specifies activities of individuals and means within the border area including: residence, travel, production, business, investment, exploration, exploitation of natural resources, and other activities; specifies responsibilities and authorities of various levels of government, forces, and sectors in managing and protecting the land border of the Socialist Republic of Vietnam.

Article 2.

1. The land border area of the Socialist Republic of Vietnam (hereinafter referred to as the border area) includes communes, wards, towns whose administrative boundaries adjoin the national border on land.

All activities in the border area must comply with the laws of Vietnam and international treaties to which the Socialist Republic of Vietnam is a party.

In case an international treaty to which the Socialist Republic of Vietnam is a party provides differently from this Decree and other legal documents on national borders, the provisions of the international treaty shall apply.

2. Within the border area, there is a border strip, where necessary for ensuring defense, security, and economic tasks, a restricted zone is established.

a) The border strip is the territory adjacent to the national border with a depth measured from the border line inward at its narrowest point being 100 meters and at its widest point not exceeding 1,000 meters, except in special cases prescribed by the Prime Minister.

b) The restricted zone is the territory within the border area subject to certain administrative measures to limit residence, travel, and activities of citizens.

c) The border area, border strip, and restricted zone must have signs; these signs are standardized models and placed in necessary and easily recognizable locations.

3. The specific scope of the border strip and restricted zone is determined by the People's Committee of the border province after consultation with the Ministry of National Defense, the Ministry of Public Security, relevant sectors, and reporting to the Government.

Article 3.

Protecting the national border, maintaining security, public order, and social safety in the border area is the responsibility and duty of agencies, organizations, military units, local authorities, and all citizens.

 

Chapter II

REGULATIONS ON RESIDENCE, TRAVEL, AND ACTIVITIES IN THE BORDER AREA

Article 4.

1. Individuals eligible to reside in the border area:

a) Vietnamese citizens with permanent household registration in the border area.

b) Individuals holding a permit issued by the provincial Public Security agency allowing residence in the border area.

c) Individuals belonging to agencies, organizations, or military units with regular offices in the border area.

2. Individuals ineligible to reside in the border area:

a) Those not falling under the provisions of Clause 1 of this Article.

b) Individuals subject to a decision by competent authorities prohibiting residence in the border area.

c) Foreign nationals (except in cases where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise).

Article 5.

Vietnamese citizens with permanent household registration in the border area are entitled to be issued a border identity card according to the law.

Article 6.

1. Vietnamese citizens entering the border area must carry an identity card or a document issued by the commune, ward, or town police where they reside.

2. Military personnel, civil servants of agencies and organizations when entering the border area for personal matters must carry an identity card or a military or police identification.

When entering the border area for work purposes, they must have an introduction letter from their directly managing agency or unit.

3. The following individuals are not allowed to enter the border area:

a) Individuals without the required documents as stipulated in Clauses 1 and 2 of this Article.

b) Individuals currently under criminal investigation or serving a sentence of probation in a particular location (except those with permanent household registration in the border area).

Article 7.

1. Foreign nationals working at central agencies who enter the border area must hold a permit issued by the Ministry of Public Security; if foreign nationals temporarily residing in a location enter the border area, they must hold a permit issued by the provincial police where they are temporarily registered.

Vietnamese agencies and organizations bringing foreign nationals into the border area must have the required documents as stipulated in this Decree and send an officer to accompany them to guide and inform the police and Border Guard of the province where they are arriving.

Foreign nationals entering the border strip must hold a permit as stipulated in Clause 1 of this Article and must report directly to the Border Guard Post or local authority to inform the Border Guard Post.

2. In cases where foreign nationals travel in a high-level delegation into the border area, Vietnamese agencies and organizations (inviting and working with the delegation) must send an officer to accompany the delegation to guide and bear the responsibility to inform the local police and Border Guard of the province where they are arriving.

3. The movement, activities, temporary stay in the border area of Vietnam of individuals in the border area of the neighboring country shall be carried out in accordance with the Agreement on Border Regulations between the two countries.

Article 8.

1. The border strip is established to manage and control the activities of individuals and means; maintain order, security, and prevent violations of law.

The residence, travel, activities, production, business, services, and other activities of the people in the border strip must be planned and strictly managed to proactively prevent and stop activities that violate border sovereignty, security, and the safety of neighboring countries.

2. Only individuals falling under the category specified in Clause 1 of Article 4 of this Decree are eligible to reside, travel, and engage in activities in the border strip; others entering the border strip must hold the required documents as stipulated in Article 6 of this Decree and report directly to the Border Guard Post or Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the local People's Committee to inform the Border Guard Post.

3. Individuals reporting to the Border Guard Post or Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the local People's Committee must clearly state their purpose, content, time, list of people, means, and scope of activities in the border strip.

Article 9.

1. The restricted zone is managed and protected according to current laws and internal regulations of each restricted zone.

2. When drafting plans for economic and social development in border areas related to restricted zones, they must be consistent with the relevant management sectors overseeing those restricted zones.

In cases where residents need to be relocated from restricted zones, the regime and policies shall be implemented according to the provisions of the law.

Article 10.

Activities of Vietnamese and foreign individuals and means of transport in tourist, service, trade areas, border economic zones, and other economic zones related to border areas shall be carried out in accordance with the regulations of the Government for such areas. If within the border zone, they must comply with the provisions of this Decree.

Article 11.

1. Vietnamese and foreign individuals and means of transport that meet the conditions to enter border areas and border zones, if staying overnight, must register their temporary residence with the local police station or border guard post according to the legal provisions on registration and management of household registration.

2. Vietnamese and foreign individuals and means of transport when operating in border areas must comply with the provisions of this Decree and international treaties concerning borders signed by the Socialist Republic of Vietnam.

3. Means of transport entering border areas must register at the border guard checkpoint regarding the number of people on board, time, scope, and content of activities; when not in operation, they must anchor or park at designated docks or beaches and comply with the rules of such locations.

4. During their stay in border areas, all activities of individuals and means of transport must be subject to guidance, inspection, and control by border guards, police, and local authorities (except military and police units entering border areas to perform tasks pursuant to orders from competent authorities of the Ministry of National Defense or the Ministry of Public Security).

Article 12. Vietnamese and foreign individuals and means of transport exiting and entering through border gates must comply with the provisions of international treaties signed by the Socialist Republic of Vietnam and the current laws of the Socialist Republic of Vietnam.

Article 13. Within border areas, functional agencies must coordinate with border guards to advise Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the provincial People's Committee on:

1. Arranging population planning, border market locations, mooring and anchorage points for various types of means of transport on land, rivers, and streams along the border.

2. Tourist areas, economic zones, production areas, exploitation and protection of forest and mineral products, fishing activities, and other activities related to national borders.

3. Construction of socio-economic, defense, security facilities, and other areas related to national borders.

Article 14.When constructing transportation projects, water conservancy, hydropower projects, factories, farms, ranches, joint venture economic zones with foreign countries, and other construction projects in border areas, the managing agency must coordinate with local authorities and seek opinions from relevant sectors and border guards before submitting to competent authorities for approval. The managing agency must comply with the Border Regulations Agreement and current legal provisions when implementing the project.

Article 15. Filming, photographing, recording, and sketching scenes in border areas may not be conducted in places marked with prohibitory signs for such activities.

 

Chapter III

MANAGEMENT AND PROTECTION OF BORDER AREAS

Article 16.

1. The Government shall uniformly direct activities for managing and protecting the national border and maintaining public security and social order in border areas.

2. Ministries, ministerial-level agencies, and government agencies within their respective duties and powers shall have the responsibility to coordinate and guide the implementation of issues related to the functions of managing and protecting border areas according to the provisions of the law.

3. The Ministry of National Defense shall direct forces under its command, primarily border guards, to cooperate with other forces to implement the provisions of this Decree.

4. Local authorities at all levels shall have the responsibility to:

a) Direct forces and departments at the local level to cooperate in managing and protecting the border, maintaining security and order in border areas under their jurisdiction.

b) Mobilize forces and the masses to participate in combating activities that infringe upon national sovereignty, smuggling, illegal border crossing, encroachment, and settlement.

c) Manage the population and other activities in border areas within their authority.

d) Build infrastructure to develop the economy and society, improve the material and spiritual life of the people in border areas.

đ) Organize propaganda, dissemination, and education on the law to enhance awareness of border and territorial laws and the responsibility of the masses in participating in the management and protection of the national border.

Article 17. Every citizen has the duty to protect the national border on land according to the provisions of the law. Upon discovering acts that infringe upon the national border or pose a risk to the border, they must immediately report to the Border Guard Post or Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the local People's Committee, the nearest state agency to promptly inform the Border Guard Post for timely handling.

Article 18. Border guards shall carry out operational measures, deploy forces and means to manage and protect national border sovereignty, maintain security and order in border areas. At necessary locations, they shall organize fixed checkpoints to inspect entry and exit from border zones; when necessary, border guards shall organize mobile patrol teams based on their functions and tasks to monitor entry and exit from border areas.

Article 19.

1. Armed units and specialized agencies in border areas, when performing tasks, must comply with legal provisions and the provisions of this Decree; they have the responsibility to cooperate with border guards in managing and protecting the national border.

2. Border guards shall take the lead in coordinating with agencies and units to maintain and implement this Decree and provide advisory support to the Ministry of National Defense and local authorities in fulfilling the tasks of managing and protecting the national border, maintaining security and order in border areas.

Article 20. On traffic routes (roads, railways, rivers) from inland to border areas, Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The provincial people's committee shall establish joint fixed or mobile inspectionstations based on specific circumstances and report to the Prime Minister,comprising forces from the Border Guard, police, customs, market management, andtaxation to inspect persons, means of transport, and goods entering and exitingthe border area.

Article 21.The following activities are strictly prohibited in the border area:

1.Damaging, moving boundary markers, boundary signs, border area signboards, borderstripes, and restricted zones.

2.Modifying the flow of border rivers and streams.

3.Infiltrating across the border for farming or settlement.

4.Shooting firearms across the border, causing explosions, burning fields within theborder stripe.

5.Illegally crossing the national border, harboring, guiding, transporting, orcovering up those who illegally cross the border for smuggling.

6.Illegally exploiting forest products and other natural resources.

7.Smuggling, illegally transporting weapons, flammable materials, explosives, toxicsubstances, drugs, harmful cultural products, and prohibited import/export goodsacross the border.

8.Hunting rare wild animals, fishing with explosives, electric shocks, poisons, andother harmful activities in border rivers and streams.

9.Disposing of toxic substances that pollute the ecological environment.

10.Any other actions that disrupt public order and security in the border area.

 

Chapter IV

REWARD AND VIOLATION HANDLING

Article 22.Groups and individuals who achieve success in managing and protecting the nationalborder shall be rewarded; if they suffer property damage, injury, or death whilefulfilling their duty to manage and protect the border, they shall be entitled tobenefits and policies as prescribed by the State.

Article 23.

1.Organizations violating this Decree shall be handled according to the provisions oflaw.

2.Any individual violating this Decree shall be disciplined, administratively fined,or criminally prosecuted depending on the nature and extent of the violation, asprescribed by law.

 

Chapter V

IMPLEMENTING PROVISIONS

Article 24.

1.This Decree takes effect fifteen days after its issuance and replaces thefollowing consolidated documents:

Decree No. 427/HĐBT dated December 12, 1990 of the Council of Ministers onRegulations of the Vietnam-Laos Border Area;

Decree No. 42/HĐBT dated January 29, 1992 of the Council of Ministers onRegulations of the Vietnam-Cambodia Border Area;

Decree No. 99/HĐBT dated March 27, 1992 of the Council of Ministers onRegulations of the Vietnam-China Border Area;

Decree No. 289/HĐBT dated August 10, 1992 of the Council of Ministers amendingcertain articles in the Regulations of the Vietnam-Laos Border Area, Vietnam-CambodiaBorder Area, and Vietnam-China Border Area;

2.All other provisions contrary to this Decree are hereby abolished.

Article 25. Annually, the Ministry of National Defense shall coordinate with the Ministry ofFinance to prepare the budget for implementing border management and protectionactivities, maintaining security and social order in the land border areas of theSocialist Republic of Vietnam, and submit it to the Government for decision.

Article 26. The Ministry of National Defense shall cooperate with relevant ministries andsectors to develop guiding documents to implement this Decree.

Article 27. The Ministers of Ministries, Heads of ministerial-level agencies, Heads ofagencies under the Government, Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of provincial people's committees directly under the Central Government areresponsible for enforcing this Decree./.