Decree No. 55/1997/L-CTN of the Border Guard Force

ORDINANCE

Border Guard Force

To build a strong Border Guard Force to contribute to firmly protecting national sovereignty, territorial integrity, and border security;

To strengthen state management over the Border Guard Force;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;

Pursuant to the Law on Military Service and the Law on Officers of the Vietnam People's Army;

Pursuant to the Resolution of the Ninth National Assembly, eighth session on the legislative program;

This Ordinance stipulates the Border Guard Force,

PART I
GENERAL PROVISIONS

Article 1

Building and defending the national border is the responsibility of the State of the Socialist Republic of Vietnam and the duty of the entire people.

The Border Guard Force is a people's armed force of the Party and the State of the Socialist Republic of Vietnam, a component part of the Vietnam People's Army, serving as the core and specialized force for managing and protecting national sovereignty, territorial integrity, security, and order at the national border on land, islands, maritime areas, and ports within the scope of tasks prescribed by law, and a member force in the provincial and border district defense zones.

Article 2

The Border Guard Force is under the leadership of the Communist Party of Vietnam, directly the Central Military Commission, the command of the President, the unified management of the Government, and the management and command of the Ministry of National Defense.

The State builds a revolutionary, regular, efficient, and gradually modern Border Guard Force.

Article 3

The Border Guard Force operates according to the laws of the Socialist Republic of Vietnam and relevant international treaties concerning national border sovereignty, security on land, islands, maritime areas, and ports that the Socialist Republic of Vietnam has signed or joined.

Article 4

State agencies, the Vietnam Fatherland Front and its member organizations, people's armed forces units, economic organizations, social organizations, and all citizens have the responsibility to build and protect national border sovereignty and security, and contribute to building a strong Border Guard Force.

PART II
TASKS AND POWERS OF THE BORDER GUARD FORCE

Article 5

The Border Guard Force has the task of managing and protecting the national border, the system of boundary markers; combating and preventing acts of encroachment on border territory, illegal crossing, residence, exploitation of natural resources, and other acts infringing upon national sovereignty, interests, security, and order, causing harm to the environment in border areas; taking the lead in coordinating with relevant sectors and localities in activities to manage and protect the national border and maintain security, order, and social safety in border areas on land, islands, maritime areas, and ports.

Article 6

Within the scope of tasks and powers prescribed by law, the Border Guard Force has the task of organizing inspections of the implementation of laws and international treaties related to national border sovereignty and security on land, islands, and maritime areas by the Socialist Republic of Vietnam; controlling entry and exit through border gates and across border routes.

AT All international border gates (road, rail, waterway, air) shall have forces from the Ministry of Public Security and the Ministry of National Defense (Border Guard Force) to perform their respective functions.

Within six months from the date this Ordinance takes effect, the Government shall issue regulations based on the provisions of this Ordinance and other relevant laws to specifically define the division of responsibilities and coordination between the Border Guard Force under the Ministry of National Defense and the immigration management forces under the Ministry of Public Security in inspecting and controlling cross-border activities at international border gates.

, Clause 1, Clause 2 Article 7a of this Regulation.

The Border Guard Force has the task of combating the plots and actions of hostile forces, counter-revolutionary groups, spies, bandits, pirates, special forces, and other criminals who infringe upon security, order, and social safety in border areas on land, islands, and maritime areas.

Article 8

The Border Guard Force cooperates with other units of the people's armed forces and relies on the people to build a strong provincial and border district defense zone; ready to fight and combat armed conflicts and aggressive wars.

Article 9

The Border Guard Force has the direct and coordinated task with other units of the people's armed forces and relevant state agencies to combat smuggling and illegal transportation of weapons, flammable materials, explosives, toxic substances, narcotics, harmful cultural products, prohibited goods for export and import across the border on land, islands, and maritime areas as prescribed by law.

Article 10

The Border Guard Force has the task of propagandizing and mobilizing the people to implement ethnic and religious policies of the Party and the State, participating in building political foundations, developing the economy, society, culture, education, and a strong all-people border defense and all-people border defense posture within the overall national defense posture and people's security posture in border areas.

Article 11

The Border Guard Force is deployed and mobile in border areas on land, islands, maritime areas, and ports; equipped and uses security investigative methods, types of equipment, weapons, military technology, support tools, and constructs border protection facilities according to mission requirements.

Article 12

The Border Guard Force conducts criminal investigations according to the Criminal Code, the Criminal Procedure Code, and the Ordinance on the Organization of Criminal Investigation, and handles administrative violations according to the Ordinance on Handling Administrative Violations.

Article 13

In cases of combat pursuit, chasing, and capturing criminals on the spot, individuals with arrest warrants, preventing criminal acts, rescuing victims, border guards officers are permitted to use communication devices and transportation means, including those operated by state agencies, economic organizations, social organizations, and individuals; except for the means of foreign entities enjoying privileges and immunities under Vietnamese law. When performing their duties, if the operators of the mobilized means suffer loss of life or health, they and their families shall be entitled to benefits and policies as prescribed by the State. If the means are damaged or lost, the using agency or unit must compensate according to the law.

Article 14

To ensure national security, protect citizens' lives, and prevent the spread of diseases, based on the authority granted by the Government, border guard commanders have the right to decide to limit or suspend activities and cross-border movements in certain areas, except where otherwise provided by law, and must immediately report to the competent authority while bearing responsibility before the law for such decisions.

Article 15

While performing tasks as prescribed by law, border guards have the right to:

1- Directly pursue and apprehend individuals and vehicles violating the law from the border into the interior; cooperate with other forces to search for and apprehend individuals who have committed crimes and fled deep into the interior.

2- Pursue and apprehend individuals and vehicles violating the law within Vietnam's internal waters and territorial sea beyond the territorial sea limits according to the laws of the Socialist Republic of Vietnam and international treaties that the Socialist Republic of Vietnam has signed or joined.

Article 16

Border guards may interact and coordinate with border protection forces and local authorities of neighboring countries as prescribed by the Government to implement international treaties on borders, build peaceful and friendly borders; struggle to prevent any actions harmful to border relations between countries sharing borders and infringing upon the sovereignty and territorial integrity of the Socialist Republic of Vietnam.

Article 17

Except for direct combat to defend the border, border guard officers when performing their duties may fire weapons in the following situations:

1- To apprehend individuals committing crimes who are fleeing.

2- To apprehend individuals committing crimes who are being escorted, detained, or imprisoned and are attempting to escape.

3- To protect border guard officers and citizens threatened directly to their lives by others using weapons or other dangerous tools.

Border guard officers may only directly fire at the target after warning shots have been fired or other supporting tools have been used without success. In case of injury, medical assistance must be organized, and if there is a death, a record must be made together with the local government.

CHAPTER III
ORGANIZATION OF THE BORDER GUARD

Article 18

The organizational structure of the border guard force is prescribed by the Government.

The staffing, equipment, organization, and specific tasks of border guard agencies and units are prescribed by the Minister of National Defense.

Article 19

The border guard consists of officers, professional soldiers, non-commissioned officers, privates, workers, and defense officials.

Article 20

The appointment, dismissal, promotion, demotion, and revocation of ranks and military ranks of border guard personnel are carried out as follows:

1- For officers, in accordance with the Law on Officers of the People's Army of Vietnam;

2- For professional soldiers, non-commissioned officers, and privates, in accordance with the Law on Military Service Obligation;

3- For workers and defense officials, in accordance with relevant laws.

Article 21

The service system for officers, professional soldiers, non-commissioned officers, privates, workers, and defense officials in the border guard is implemented according to legal documents stipulated for the People's Army of Vietnam and related legal documents.

Article 22

The flag of victory, insignia, rank badges, shoulder patches, flags, bands, and work signs; uniforms, identification cards of officers, professional soldiers, non-commissioned officers, privates, workers, and defense officials in the border guard are prescribed by the Government based on the proposal of the Minister of National Defense.

PART IV
STATE MANAGEMENT OF THE BORDER GUARD

Article 23

The content of state management over the border guard includes:

1- Issuing and guiding the implementation of legal documents on border defense work and the border guard;

2- Prescribing the organizational system, command, and leadership of the border guard;

3- Prescribing and implementing systems and policies for the border guard;

4- Deciding on the budget for border defense activities and building the border guard;

5- Inspecting and auditing the enforcement of laws on the border guard;

6- Summarizing and concluding border defense work and building a people's border defense.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

1- The Government uniformly manages state affairs regarding the border guard.

2- The Ministry of National Defense assists the Government in managing state affairs concerning the construction and operation of the border guard; taking the lead in coordinating with ministries, ministerial-level agencies, and government-affiliated agencies, and guiding and directing provincial and centrally-administered city People's Committees in the construction and operation of the border guard.

Article 25

1- Ministries, ministerial-level agencies, and government-affiliated agencies within their respective functions and powers have the responsibility to coordinate with the Ministry of National Defense in managing state affairs concerning the construction, protection of the national border, and the construction of the border guard, combining with economic, social, cultural, educational, and healthcare development tasks to build a strong border region.

2- The Government promulgates regulations on coordination between the Ministry of National Defense and the Ministry of Public Security regarding unified guidance for the border guard to perform tasks of protecting security and public order and social safety in border areas.

Article 26

The People's Committee of the province, centrally governed city within the scope of tasks and powers delegated by the Government shall be responsible for performing the State management functions regarding the construction and operation of the Border Guard Force, directing lower-level People's Committees, sectors, and agencies under its jurisdiction to implement tasks related to the operation of the Border Guard Force and contribute to building the Border Guard Force.

Article 27

The Vietnam Fatherland Front and its member organizations, social organizations shall be responsible for educating and mobilizing members, affiliates, and the entire population to participate with the Border Guard Force in protecting national sovereignty and security at the border; supervising the implementation of State management over the activities and construction of the Border Guard Force as prescribed by this Ordinance.

CHAPTER V
REGIME AND POLICIES FOR THE BORDER GUARD FORCE

Article 28

The regime and policies for officers, non-commissioned officers, soldiers, workers, and civil servants in the Border Guard Force shall be implemented according to legal documents stipulated for the Vietnam People's Army and relevant legal documents.

Article 29

The State shall have preferential regimes and policies suitable for the nature of work and operational areas of the Border Guard Force as follows:

1- Investment in constructing infrastructure and ensuring material and spiritual living conditions for cadres and soldiers serving at border guard posts and mobile units;

2- Duty allowance for cadres and soldiers of the Border Guard Force during direct duty in managing and protecting the border and islands;

3- Allowance for cadres and soldiers of the Border Guard Force who have worked long-term in border and island areas;

4- Regime and policies for war invalids, disabled veterans, and martyrs among cadres and soldiers of the Border Guard Force directly protecting the border and islands in particularly difficult areas;

5- Reward regimes and policies for cadres and soldiers of the Border Guard Force who have long served in protecting the border and islands;

6- Recruitment of children from ethnic minorities and people relocating to border and island areas for training and service in the Border Guard Force;

7- Regimes and policies for families of cadres and soldiers of the Border Guard Force who relocate to border and island areas and support policies for cadres and soldiers of the Border Guard Force;

The Government shall specify detailed regimes and policies for the Border Guard Force.

Chapter VI
REWARD AND VIOLATION HANDLING

Article 30.

Officers, non-commissioned officers, non-commissioned officers, soldiers, workers, and civil servants in the Border Guard Force who achieve outstanding results in their work and combat shall be rewarded according to the general regime of the State and the Vietnam People's Army.

Officers, non-commissioned officers, non-commissioned officers, soldiers, workers, and civil servants in the Border Guard Force who violate discipline shall be dealt with according to the military disciplinary regulations; if they violate the law, they shall be administratively punished or criminally prosecuted depending on the nature and severity of the violation.

Article 31

Persons who achieve outstanding results in protecting the border and assisting the Border Guard Force shall be rewarded according to the general regime of the State.

Persons who commit acts of violating the law in protecting the border and obstructing the performance of duties by the Border Guard Force shall be administratively punished or criminally prosecuted depending on the nature and severity of the violation.

Chapter VII
IMPLEMENTING PROVISIONS

Article 32

This Ordinance takes effect from the date of publication.

Previous regulations contrary to this Ordinance are abolished.

Article 33

The Government shall provide detailed regulations and guidance for the implementation of this Ordinance./.