Decree No. 34/2014/NĐ-CP on the Regulations of the Land Border Area of the Socialist Republic of Vietnam

DECREE

Regarding the Regulations on the Border Areaof the Socialist Republic of Vietnam

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on National Border dated June 17, 2003;

Pursuant to the Ordinance on Border Guard dated March 28, 1997;

At the proposal of the Minister of National Defense,

The Government promulgates the Decree on the Regulations on the Border Area of the Socialist Republic of Vietnam.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the Regulations and management of activities of persons and means within the border area; the responsibilities of agencies, organizations, and individuals in building, managing, and protecting the border area of the Socialist Republic of Vietnam.

2. In cases where the provisions of this Decree differ from those of international treaties to which the Socialist Republic of Vietnam is a party, the provisions of such international treaties shall be applied.

Article 2. Applicability

Agencies, organizations, and individuals from Vietnam and foreign countries operating within the border area have the responsibility to comply with this Decree and other relevant Vietnamese laws.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

The list of communes, wards, and towns in the border area is annexed to this Decree.

2. The border strip is the territory from the national boundary inward, established for the purpose of managing and controlling activities of persons and means within the border strip; maintaining security and order, and preventing violations of the law; the narrowest point is 100 meters, the widest point does not exceed 1,000 meters, special cases being determined by the Prime Minister.

3. The restricted zone is the territory within the border area established for the purpose of management, protection, maintenance of security and order, prevention, and blocking of acts of intrusion, destruction, exploitation, and collection of state secrets.

4. Activities within the border area include: Residing, entering, traveling, producing, trading; exploring and exploiting natural resources; constructing works, implementing projects, and other related activities concerning the construction, management, and protection of the national border, maintaining security, order, and social safety within the border area.

Article 4. Prohibited Acts in the Border Area

1. Damaging, destroying, moving, or losing boundary markers, signs indicating the border, "border area," "border strip," "restricted zone," border works.

2. Changing the natural flow, depleting water sources, causing flooding, polluting the environment of border rivers and streams.

3. Residing, illegally exploiting forest and land products, exploring and exploiting minerals and aquatic resources.

4. Crossing the border to farm, hunt, graze livestock.

5. Burial, relocation of graves, transportation of corpses, animals, plants, and animal carcasses across the border without permission from competent Vietnamese authorities.

6. Shooting across the border, causing explosions, cutting down and burning trees for land clearance within the border strip.

7. Filming, photographing, recording sounds, measuring, and drawing scenes at places marked as prohibited within the border area.

8. Acts of smuggling, illegal transportation of goods across the border, commercial fraud.

9. Other prohibited acts according to Vietnamese law and border regulations agreements signed by the Socialist Republic of Vietnam with neighboring countries.

Chapter II

MANAGEMENT OF ACTIVITIES OF PERSONS AND MEANSIN THE BORDER AREA

Article 5. Residence in land border areas

1. Persons entitled to reside in land border areas:

a) Border residents;

b) Persons holding a permit issued by authorized public security agencies allowing residence in land border areas;

c) Officers, professional soldiers, defense civil servants, defense workers, non-commissioned officers, and soldiers of the People's Army; officers, workers, staff members, non-commissioned officers in specialized operations, and non-commissioned officers in technical professions of the People's Public Security Force stationed in land border areas.

2. Persons not entitled to reside in land border areas:

a) Persons implementing decisions by authorized agencies prohibiting residence in land border areas, persons who have not been granted permission to exit the country, or whose departure has been temporarily suspended;

b) Persons subject to measures restricting their movement from their place of residence by authorized judicial proceedings agencies;

c) Persons sentenced to imprisonment but without enforcement decisions, those on probation or whose sentences are being suspended or temporarily halted; persons under house arrest;

d) Persons subject to community-based education measures; those placed in educational institutions for juveniles, compulsory education facilities, or compulsory drug rehabilitation centers, but whose implementation is being suspended or temporarily halted;

e) Persons not falling within the scope defined in Clause 1 of this Article;

The provisions of Points a, b, c, and d of this Clause shall not apply to border residents.

Article 6. Entering land border areas

Vietnamese citizens entering land border areas must hold a National Identity Card or other identity documents as prescribed by law.

a) Foreign nationals residing permanently or temporarily in Vietnam entering land border areas must hold a permit issued by the provincial public security agency where they reside or the border province public security agency where they are traveling to;

b) Vietnamese organizations bringing foreign nationals into land border areas must hold an introduction letter from their managing organization; accompanying officials must hold the documents specified in Clause 1 of this Article, while the organization must notify the local public security agency and the Border Guard Command at least 24 hours in advance;

c) In cases where foreign nationals enter land border areas as part of delegations or high-level delegations, Vietnamese organizations (inviting or working with the delegation) must provide written notification to the local public security agency and the Border Guard Command at least 24 hours in advance, and assign officials to accompany and guide them.

3. Persons not allowed to enter land border areas:

Those not covered by the provisions of Clauses 1 and 2 of this Article and those specified in Clause 2 of Article 5 of this Decree.

Article 7. Activities of persons and means of transport in land border areas

1. Vietnamese citizens (excluding border residents) and foreign nationals staying overnight in land border areas must register their stay with the local police station according to the law. If staying overnight within the border zone, they must provide written notice to the local Border Guard Post.

2. Persons and means of transport operating in land border areas must have all required documents as prescribed by law and comply with guidance, inspection, and control by the Border Guard Post, local police station, and relevant specialized forces as prescribed by law.

3. Activities of Vietnamese and foreign persons and means of transport in tourist, service, trade, economic zones at border gates, and other economic zones established in land border areas shall be carried out in accordance with laws applicable to such areas and related laws.

4. Other activities in land border areas shall be conducted in accordance with laws governing such fields and in compliance with the provisions of this Decree.

5. Residents of neighboring countries engaged in activities in Vietnam's land border areas shall abide by bilateral border regulations agreements signed and Vietnamese laws.

Article 8. Construction of projects and works in the land border area

1. The construction of projects and works in the land border area must not affect border works; alter boundary markers; damage, destroy, or lose national boundary markers; and must not violate agreements on border regulations that the Socialist Republic of Vietnam has signed with neighboring countries.

When implementing projects and works, the project investor must notify in writing the Border Guard Command, the provincial police force, and the local authorities at least three working days in advance.

3. Agencies and organizations participating in surveying, designing, construction, and implementation of projects and works in the land border area must notify the Border Guard Post and the People's Committee of the commune where they are located about the list of personnel, equipment, time, scope, and content of activities at least three days in advance.

4. The Border Guard Post is responsible for guiding units according to Clause 3 of this Article to recognize the border line, the scope of the land border area, the border zone, restricted areas, and relevant regulations on border management and protection; and agreements on border regulations that the Socialist Republic of Vietnam has signed with neighboring countries.

Article 9. Signs in the land border area

1. In the land border area, there are signs indicating "border area," "border zone," "restricted area," and other signs as prescribed by law.

2. The Minister of National Defense shall prescribe the sign models and coordinate with the Provincial People's Committee to determine the locations for installing the signs indicating "border area," "border zone," and "restricted area" as stipulated in Clause 1 of this Article.

1. Cases for temporary suspension include:

a) Areas where border disputes over territory are occurring, threatening national sovereignty and border security;

b) Areas where armed conflicts, robbery, terrorism, riots, invasions, kidnappings, or serious disturbances to public order and safety are taking place;

c) Areas affected by natural disasters, catastrophes, epidemics, chemical accidents, or radioactive incidents posing a risk of causing damage to communities and spreading across borders;

d) Receipt of notifications from the Government, local authorities, or border protection forces of neighboring countries regarding the temporary suspension of cross-border activities.

2. To ensure the safety of people's lives and property; prevent natural disasters, fires, floods, epidemics, the following activities will be suspended:

Entering the border zone, holding markets, organizing festivals, production, business, construction, exploration, resource exploitation, and other activities as specified in Clause 1 of this Article.

3. The authority to suspend activities in the land border area is as follows:

a) The Border Guard Post Commander may decide to temporarily suspend activities for no more than twelve hours within the border zone under their jurisdiction and must report to the Provincial Border Guard Commandant, while also notifying in writing the District People's Committee, Commune People's Committee, and related agencies in the land border area and local authorities, as well as border management and protection forces of neighboring countries;

b) The Provincial Border Guard Commandant may decide to temporarily suspend activities for no more than twenty-four hours within the land border area under their jurisdiction and must report in writing to the Provincial People's Committee and the Border Guard Corps Command, while also notifying the Provincial Police Force and border management and protection forces opposite the neighboring country;

If the twenty-four-hour period expires, and the Provincial Border Guard Commandant deems it necessary to continue suspending activities in the land border area, they have the responsibility to request the Provincial People's Committee to make a decision; the continued suspension period shall not exceed twenty-four hours, and they must simultaneously notify the Provincial Police Force and border management and protection forces opposite the neighboring country.

4. The authority prescribed in Clause 3 of this Article is responsible for notifying in writing the Ministry of Foreign Affairs for coordination when necessary; they must bear legal responsibility to their immediate superior agency for suspension decisions; upon expiration of the permitted period or when the situation returns to normal, they must issue a decision to revoke the suspension decision and notify in writing the relevant agencies, border management and protection forces of neighboring countries, and announce on mass media so that the public is informed.

Article 11. Management of activities within the border zone

1. The People's Council of the land border province shall determine the scope of the border zone after receiving written opinions from the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Foreign Affairs; for special cases, it must report to the Prime Minister for consideration and decision.

2. Persons specified in Clause 1 of Article 5 of this Decree may operate within the border zone.

3. Persons not falling under the category specified in Clause 1 of Article 5 of this Decree when entering the border zone must have documents as prescribed in Clauses 1 and 2 of Article 6 of this Decree and must report to the Border Guard Post or the People's Committee of the commune where they are located.

4. Agencies and organizations operating within the border zone must notify the local Border Guard Post in writing about the list of persons, means of transport, time, scope, and content of their activities.

Article 12. Management of activities in restricted areas

1. The People's Council of the border province shall determine restricted areas within its jurisdiction based on proposals from relevant functional sectors in the province.

2. The Minister of National Defense shall determine restricted areas for defense works, border works, and inform the People's Committee of the province where such restricted areas are located.

3. Management and protection of restricted areas

a) Restricted areas must have security regulations established by the head of the agency or unit managing such areas;

b) Vietnamese citizens and foreigners (except those permitted to reside permanently or work in such restricted areas) entering restricted areas must have documents as prescribed in Clauses 1 and 2 of Article 6 of this Decree and must be authorized by the head of the agency or unit managing such restricted areas.

Chapter III

RESPONSIBILITIES FOR CONSTRUCTION, MANAGEMENT, PROTECTION OF THE LAND BORDER ZONE

Article 13. Ministry of National Defense

1. To take the lead and coordinate with ministries, sectors, and the People's Committees of land border provinces in implementing state management over the national border; organizing the implementation of planning, investment projects, policies on construction, management, and protection of the border, the land border zone according to the provisions of the law.

2. To take the lead and coordinate with the Ministry of Public Security, the Ministry of Foreign Affairs, and related ministries and sectors in developing regulations for coordination among forces to perform tasks of managing and protecting the national border.

3. Annually, it is responsible for statistics on the number of foreigners entering the land border zone, border zone, and restricted areas; organizing mid-term and final reviews of the implementation of tasks related to construction, management, and protection of the national border, maintaining public security and social order in the land border zone.

4. Directing the Border Guard Force:

a) To take the lead and coordinate with the People's Public Security force, local authorities at all levels, and related agencies in managing and protecting the national border; maintaining public security and social order in the land border zone;

b) Advising local authorities at all levels on the content of mass movements participating in protecting national sovereignty and border security; consolidating political foundations, building the land border zone strong in economy, politics, culture, society, national defense, security, and foreign affairs;

c) Implementing measures to manage and protect the border; deploying and utilizing forces, means of transport, weapons, and auxiliary tools to perform functions and tasks of managing and protecting the national border, maintaining public security and social order in the land border zone; combating crime, smuggling, illegal transportation of goods across the border, trade fraud, and other violations of the law; performing border defense diplomatic work according to the provisions of the law;

d) Organizing regular and surprise patrols and inspections to check and control persons and means of transport entering the land border zone and the border zone.

Article 14. Ministry of Public Security

1. Take the lead and coordinate with relevant ministries, sectors, People's Committees of border provinces to develop plans for national security protection, linking border security with internal security; coordinate with the Ministry of National Defense to guide Border Guard units in participating in political security protection work, maintaining public order and social safety, and immigration work in accordance with the law.

2. Take the lead and coordinate with the Ministry of National Defense to issue guidelines on combating criminal activities and violations of laws related to security, public order, and social safety in land border areas.

Article 15. Ministry of Foreign Affairs

1. Take the lead and coordinate with relevant ministries, sectors, People's Committees of border provinces to implement international treaties on borders and territories based on international treaties on national boundary delimitation that the Socialist Republic of Vietnam is a member of.

2. Take the lead and coordinate with relevant ministries, sectors, People's Committees of border provinces to negotiate and resolve issues arising in relation to national border sovereignty.

3. Coordinate with the Ministry of National Defense to establish regulations on cooperation in handling cases, providing information and materials, guiding diplomatic procedures; summarizing and concluding work related to border construction, management, and protection.

Article 16. Ministry of Planning and Investment

1. Take the lead and coordinate with the Ministry of National Defense, People's Committees of border provinces to compile investment needs for infrastructure development in land border areas; construct river and stream embankments along the border, protective embankments for national boundary markers, and report annually to the Prime Minister for budget allocation suitable for investment in construction aimed at reinforcing national defense and security while promoting economic and social development in land border areas.

2. Take the lead and coordinate with relevant ministries, sectors, People's Committees of border provinces to develop mechanisms and policies for investment promotion, creating conditions for economic and social development in land border areas.

1. Annually, take the lead and coordinate with the Ministry of National Defense, People's Committees of border provinces to allocate state budget estimates for border management and protection tasks according to the current state budget classification.

2. Coordinate with relevant ministries, sectors, People's Committees of border provinces to develop financial mechanisms and policies, creating conditions for economic and social development in land border areas.

Article 18. Ministry of Industry and Trade

1. Take the lead and coordinate with relevant ministries, sectors, People's Committees of border provinces to develop policies for trade development in land border areas.

2. Take the lead and coordinate with the Ministry of National Defense and the Ministry of Finance to guide the buying, selling, and exchange of goods by border residents.

Article 19. Relevant Ministries and Sectors

Within their respective functions, duties, and authorities, coordinate with the Ministry of National Defense in building, managing, and protecting the national border; maintaining security, public order, and social safety in land border areas.

Article 20. People's Committees at all levels where there are land borders

1. Implement state administration over the national border in accordance with the law; build a strong border area politically, economically, socially, in terms of national defense and security.

2. Direct departments, sectors, mass organizations, functional forces to coordinate with Border Guard units and related agencies in border management and protection; maintain security, public order, and social safety, combat crime in land border areas in accordance with the law.

3. Organize functional forces, mobilize the people to participate in the nationwide movement to build, manage, and protect the national border; prevent and combat activities violating national sovereignty, security, and public order and social safety in land border areas.

4. Conduct propaganda, dissemination, and education on laws for cadres and the people regarding border construction, management, and protection; maintaining security, public order, and social safety in land border areas.

5. Annually allocate local budget resources for activities related to border construction, management, and protection; maintaining security, public order, and social safety in land border areas.

Article 21. Other agencies and organizations

Other agencies and organizations operating in the land border area must comply with this Decree and international treaties to which the Socialist Republic of Vietnam is a party; they have the responsibility to coordinate with the Border Guard in managing, protecting the national border, maintaining national security, public order, and social safety in the land border area.

Chapter IV

IMPLEMENTING PROVISIONS

Article 22. Effectiveness

This Decree takes effect from June 15, 2014, and replaces Government Decree No. 34/2000/NĐ-CP dated August 18, 2000, on the Regulations for the Land Border Area of the Socialist Republic of Vietnam.

Article 23. Budget Guarantee

1. The costs for implementing the construction, management, protection of the national border, and maintaining national security, public order, and social safety in the land border area shall be guaranteed by the state budget according to the current classification.

2. The establishment, allocation, budget assignment, settlement, and final accounting shall be carried out in accordance with the provisions of the State Budget Law and guiding documents for its implementation.

Article 24. Responsibility for Guidance and Implementation

1. The Minister of National Defense shall take the lead and coordinate with relevant ministries and sectors to guide and inspect the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, and Chairpersons of provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.