Circular No. 43/2015/TT-BQP guiding the implementation of certain provisions of Decree No. 34/2014/NĐ-CP dated April 29, 2014 of the Government on the regulations of the land border area of the Socialist Republic of Vietnam.

CIRCULAR

Guidelines for Implementing Certain Provisions of N |||Decree number 34/2014/NĐ-CP dated April 29, 2014 ofCgovernment on the regulations of the borderland area of the Socialist Republic of CVietnam Vstrict N |||at s

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Pursuant to Decree No. 34/2014/NĐ-CP dated April 29, 2014 of the Government on the Regulations of the Border Land Area of the Socialist Republic of Vietnam;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Considering the proposal of the Commander of the Border Guard Force;

The Minister of National Defense issues this Circular guiding the implementation of certain provisions of Decree No. 34/2014/NĐ-CP dated April 29, 2014 of the Government on the Regulations of the Border Land Area of the Socialist Republic of Vietnam.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular guides certain provisions of Decree No. 34/2014/NĐ-CP dated April 29, 2014 of the Government on the Regulations of the Border Land Area of the Socialist Republic of Vietnam (hereinafter referred to as Decree No. 34/2014/NĐ-CP).

Article 2. This Circular applies to agencies, organizations, and individuals of Vietnam and foreign countries operating in the border land area of the Socialist Republic of Vietnam (hereinafter referred to as the border land area).

The border land area is defined in Clause 1, Article 3 of Decree No. 34/2014/NĐ-CP. In cases where the Standing Committee of the National Assembly decides to adjust the administrative boundaries of communes, wards, and towns, the Chairperson of the People's Committees of border provinces shall base on Clause 1, Article 3 of Decree No. 34/2014/NĐ-CP to compile and report to the Ministry of National Defense for the Government to supplement or remove from the list of communes, wards, and towns in the border land area attached as an appendix to Decree No. 34/2014/NĐ-CP.

Article 4. Border Buffer Zone

Clause 1. Authority to determine the border buffer zone

a) Determining the depth of the border buffer zone from 100 meters to 1,000 meters is decided by the People's Committee of the border province after soliciting written opinions from the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, and obtaining approval from the People's Council of the province.

b) In cases where the terrain requires determining the depth of the border buffer zone less than 100 meters or more than 1,000 meters, the People's Committee of the border province shall submit a report to the People's Council of the province for approval and then report to the Prime Minister for decision.

When determining the depth of the border buffer zone, it must be based on national defense, security, public order, social safety, economic, and social conditions, as well as topography, to establish appropriate regulations; in areas with border gates, border markets, and border economic zones, the regulations must be established based on requirements for economic and social development, construction projects, and infrastructure without affecting the construction, management, protection of the border, maintenance of security, public order, and social safety in the border area, and cross-border traffic.

Article 5. Prohibited Areas

Clause 4. After the decision to establish prohibited areas is made, the competent authority managing the prohibited areas shall develop internal regulations, organize strict protection and management in accordance with the law.

Article 5. Models and Locations for Setting Up Various Types of Signboards

3. The signboard "border ring;"

a) In border areas with mountainous terrain making travel difficult, the signboard "border ring" shall be set up on the right side of the traffic route heading towards the border.

b) In border areas with flat terrain where boundaries are hard to distinguish, the signboard "border ring" shall be set up at intervals of 600m to 1,000m.

c) On traffic routes from inland to border gates, the signboard "border ring" shall not be set up; only the two sides of the limit of the border gate area shall have them installed.

4. Based on the topography and characteristics of each prohibited zone, the signboard "prohibited zone" shall be set up in appropriate and easily recognizable locations.

Chapter II
MANAGEMENT OF ACTIVITIES OF PERSONS AND MEANS IN BORDER AREAS

1. For Vietnamese Citizens

- Have personal identification documents as prescribed by law;

- Present their documents when requested by authorized agencies;

- Register for temporary stay at the Police Station of the commune, ward, town if they intend to stay overnight;

- Leave the border area upon expiration of the temporary stay period;

- If they wish to extend their stay beyond the registered period, they must apply for an extension at the place where they registered.

b) Vietnamese citizens (who do not fall under the provisions of Clause 1, Article 5 of Decree No. 34/2014/NĐ-CP) entering the border ring must have personal identification documents as prescribed by law and are responsible for submitting a written notification according to Model No. 13 attached as Appendix to this Circular to the Border Guard Post or the People's Committee of the local commune. If staying overnight within the border ring, they must register for temporary stay at the local police station in accordance with the law; the local police station has the responsibility to submit a written notification according to Model No. 14 attached as Appendix to this Circular to the local Border Guard Post for coordination in monitoring and management.

c) Persons and means entering to operate in border areas must have personal identification documents, relevant documents related to the means, and operating permits issued by competent authorities in accordance with specialized fields, while being subject to inspection and supervision by the Border Guard Post, the local police station, and specialized management forces as prescribed by law.

d) Persons who are not allowed to reside in border areas but have special reasons to enter such as having a deceased or ill parent, spouse, or child must, in addition to personal identification documents, have a permit from the local police station where they reside, and must report the duration of their stay in the border area to the Border Guard Post or the local police station; if staying overnight or entering the border ring, they must obtain permission from the local Border Guard Post and be subject to its inspection and control.

2. For Foreign Nationals

b) Residents of neighboring countries entering border areas must have complete documents as prescribed by the bilateral border management regulations; they must comply strictly with the time, scope, purpose, and reason for activities; if staying overnight, they must register for temporary stay in accordance with Vietnamese law, and leave the border area upon expiration of the permitted period; if staying beyond the permitted period, they must obtain permission from the Border Guard Post or the local People's Committee.

3. Activities of Vietnamese and foreign persons and means in tourist, service, industrial, export processing, economic zones, and border gate areas related to border areas shall be carried out in accordance with laws applicable to these areas and related laws.

In cases involving border rings and prohibited zones, the provisions of Decree No. 34/2014/NĐ-CP and this Circular shall apply.

Article 7. Construction of projects and works in border areas

1. Agencies, organizations, and individuals implementing projects and works or conducting surveys, explorations, and exploitation of natural resources and minerals in border areas, which have been approved by competent authorities, must be responsible for managing personnel and means, maintaining security, public order, and social safety during their activities in border areas; at the same time, they must notify in writing according to Model No. 16 attached hereto the Border Guard Post and local authorities for coordination in management.

2. When constructing projects and works in border areas, local state management agencies on construction and project investors must comply with the provisions of Article 8 of Decree No. 34/2014/NĐ-CP, and strictly adhere to regulations on border management between two countries; they shall not affect border works, national boundary markers, and national boundary pillars.

4. Border Guard Posts shall be responsible for guiding and disseminating information to relevant organizations and individuals about national boundary markers, the scope of the "border zone," "prohibited area," regulations related to border management and protection, and responsibilities and obligations that must be fulfilled during activities in border areas.

1. The Commander of the Border Guard Force of the province and the Head of the Border Guard Post have the authority to suspend activities in border areas in accordance with Article 10 of Decree No. 34/2014/NĐ-CP.

In the absence of the head, the deputy authorized by the head has the right to make decisions to suspend and shall bear legal responsibility before the head for such decisions.

2. The person with authority as specified in Clause 1 of this Article, prior to making a decision to suspend, must determine the following factors:

a) The nature and severity of the situation occurring on the border, compared with the provisions of Clause 1 of Article 10 of Decree No. 34/2014/NĐ-CP to consider and decide. If the necessary conditions for a suspension decision are not met, an investigation and verification must be conducted to grasp the specific situation and make a decision in accordance with the law;

b) The anticipated consequences that may arise from the suspension decision affecting the operations of agencies, organizations, and people in border areas to make appropriate decisions;

c) The time and scope of the area requiring the suspension of activities, determined on maps and on-site.

3. Implementation of suspension:

a) Issuing a suspension decision according to Model No. 17 attached hereto;

b) Notifying in accordance with Clause 3 and Clause 4 of Article 10 of Decree No. 34/2014/NĐ-CP. The notification form is in writing according to Models No. 18 and 19 attached hereto;

c) Directing and monitoring the situation in the suspended area to guide everyone to comply, resolve, and handle emerging situations in accordance with the law;

d) In cases where the suspension period needs to be extended, the Commander of the Border Guard Force of the province shall propose the People's Committee of the province to issue a decision to extend the suspension period according to Model No. 20 attached hereto and organize its implementation.

4. Completion of the suspension decision and extension decision

The person issuing the suspension decision must:

a) Issue a decision to revoke the suspension decision and the decision to revoke the extension of the suspension according to Models No. 21 and 22 attached hereto, and simultaneously notify relevant agencies and organizations in accordance with Clause 4 of Article 10 of Decree No. 34/2014/NĐ-CP, according to Models No. 23 and 24 attached hereto;

b) Participate in remedying the consequences of the suspension decision and the extension of the suspension decision (if any);

c) Evaluate the impact of the suspension, compile reports, and submit them to the competent authority as prescribed by law.

Chapter III
RESPONSIBILITIES FOR CONSTRUCTION, MANAGEMENT,
PROTECTION OF BORDER AREAS

Direct the Border Guard Commands of land border provinces:

1. Take the lead and coordinate with relevant agencies to advise the provincial People's Committee on planning border area populations, border market locations, mooring sites for various watercraft, land vehicles, and railway facilities; construct civil works in border areas in accordance with the provisions of Decree No. 34/2014/ND-CP and the guidance of this Circular.

2. Annually, compile statistics on the number of foreign individuals and vessels entering border areas and border zones; the number of incidents and violators of border area regulations, and based on these figures, develop plans and measures for organizing, managing, and protecting border areas appropriately.

3. Organize mobile patrol teams to inspect and control entry and exit activities, operations within border areas and border zones; guide foreigners entering border areas according to legal regulations.

4. Take the lead and coordinate with police forces and local relevant sectors in constructing, managing, and protecting national borders; maintain security, public order, and social safety in border areas.

5. Allocate and utilize personnel, equipment, support tools, and measures in border management and protection; combat crime, law violations, and breaches of agreements on border management regulations; prevent environmental violations and other actions affecting national boundaries, boundary markers, and border identification signs.

6. Coordinate with provincial police to direct:

b) Regularly exchange information on security, public order, and foreign nationals' entry and exit activities within border areas;

c) Guide the people to register declarations, temporary residence, stay, and temporary absence when entering border areas and comply with port regulations.

7. Engage with neighboring countries' border management and protection forces and local authorities to implement international treaties on borders and territories according to their legal functions and responsibilities.

8. Advise the provincial People's Committee to monitor and evaluate sedimentation and erosion along border rivers and streams; organize surveys to serve the construction of river and stream embankments, protective embankments for boundary markers; build infrastructure in border areas and report to competent authorities for decision-making.

Article 10. Responsibilities of the Border Provinces' People's Committees

1. Direct functional sectors in the province to cooperate with the Border Guard in surveying and reviewing the scope of border zones and restricted areas; the materials and positions of signboards according to Decree No. 34/2014/ND-CP and this Circular to adjust them appropriately.

2. Direct functional agencies, mass organizations to cooperate with the Border Guard in building strong political, economic, defense, and security border areas.

3. Direct sectors in the province to perform their administrative functions; create favorable conditions regarding mechanisms and policies supporting economic, tax, and land policies for businesses, individuals, and investors in socio-economic projects in border areas according to legal regulations.

4. Direct mass organizations, local functional forces to cooperate with the Border Guard in constructing, managing, and protecting borders, boundary markers, combating crime, maintaining security, public order, and social safety in border areas.

5. Implement state management over national borders; direct the establishment of mass movements among the people to participate in border management, protection, and construction.

6. Annually, develop plans and report to the Provincial People's Council for approval to allocate local budget funds for border construction, management, and protection, and to maintain security, public order, and social safety in border areas.

Chapter IV
IMPLEMENTATION

Article 11. Effective Date

This Circular takes effect from July 11, 2015, and replaces Circular No. 179/2001/TT-BQP dated January 22, 2001, issued by the Minister of National Defense guiding the implementation of Decree No. 34/2000/NĐ-CP dated August 18, 2000, of the Government on the Regulations of the Land Border Area of the Socialist Republic of Vietnam.

Article 12. Transitional Provisions

The People's Committees of border provinces direct functional sectors to review the scope of border zones and restricted areas; the dimensions, materials, and positions of signboards already determined according to Decree No. 34/2000/NĐ-CP dated August 18, 2000, of the Government on the Regulations of the Land Border Area of the Socialist Republic of Vietnam; continue to retain those that remain consistent with the provisions of Decree No. 34/2014/ND-CP, and adjust those that are no longer consistent according to the provisions of Decree No. 34/2014/ND-CP and this Circular.

Article 13. Responsibilities for Implementation

Annually, the Border Guard Commands of the provinces prepare local budget estimates to ensure border construction, management, and protection tasks, submit them to financial departments and relevant agencies at the same level for consolidation and reporting to the Provincial People's Council and the provincial People's Committee for decision.

3. The Border Guard Command oversees, urges, and inspects the implementation of Decree No. 34/2014/ND-CP and this Circular. Annually, it conducts mid-term reviews and reports results to the Ministry of National Defense.

4. Ministries, ministerial-level agencies, government agencies, provincial and centrally-administered city People's Committees; agencies, units, organizations, and individuals related have the responsibility to implement this Circular./.