Law on Border Defense of Vietnam No. 66/2020/QH14

LAW

VIETNAMESE BORDER GUARD

_________

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Border Guard of Vietnam.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the policy, principles, tasks, activities, forces, guarantees, and responsibilities of agencies, organizations, and individuals regarding border guard.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

1. Border Guard is the overall set of activities and measures to protect the independence, sovereignty, unity, territorial integrity of the country, and ensure national security, public order, and social safety in border areas through the combined strength of the entire nation.

2. People's Border Guard is the border guard strength of the country, built on a foundation of politics, spirit, and resources with the principle of all people, comprehensive, independent, self-reliant, and self-strengthening.

3. People's Border Guard System is the organization, deployment, and arrangement of forces and necessary resources to perform border guard tasks in accordance with the National Border Defense Strategy.

4. Border Strip is the territory from 100 meters to 1,000 meters inward from the national land boundary line, decided by the People's Council of the province where the national boundary is located, in special cases by

5. Border Guard Officers and Soldiers include officers, professional soldiers, workers, and civil servants of defense, non-commissioned officers, and privates under the establishment of the Border Guard Force.

Article 3. State Policy on Border Guard

1. Implement the policy of independence, sovereignty, unity, and territorial integrity; build peaceful, friendly, cooperative, and developing borders with neighboring countries for long-term stability; expand international cooperation, defense diplomacy, security, border diplomacy, and people-to-people diplomacy.

2. Resolve national boundary issues peacefully based on respecting independence, sovereignty, unity, territorial integrity, legitimate interests, in accordance with the Constitution, laws of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a party.

3. Use appropriate and lawful measures to protect the independence, sovereignty, unity, and territorial integrity of the country.

4. Implement the policy of great unity of the entire nation; build a strong, extensive nationwide force for border protection, with the people as the subject and the people's armed forces as the core.

5. Consolidate and strengthen national defense and security; prioritize resource investment for modernizing border infrastructure, economic, cultural, social, scientific, technological, and diplomatic development in border areas.

6. Mobilize resources from agencies, organizations, and individuals in performing border guard tasks.

7. Encourage and create conditions for agencies, organizations, and individuals to support material, financial, and spiritual resources for border guard tasks voluntarily, without violating Vietnamese law and being consistent with international law.

Article 4. Principles of Border Guard Task Implementation

1. Adhere to the Constitution, laws of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a party; respect the independence, sovereignty, territorial integrity, and national boundaries of other countries.

2. Operate under the absolute, direct leadership of the Communist Party of Vietnam in all aspects, and centralized, unified management by the State.

3. Leverage the combined strength of the entire nation, the political system, rely on the people, and be subject to people's supervision.

4. Combine national defense and security with socio-economic development and vice versa; combine border guard task implementation with building and consolidating the political system, economic, cultural, social, scientific, technological, and diplomatic development in border areas.

Article 5. Border Defense Tasks

1. Developing and implementing strategies and plans for protecting the national border.

2. Managing, protecting the sovereignty, unity, integrity, and territorial boundary of the national border; building, managing, and protecting the system of national boundary markers, signs, boundary indicators, border works, border gates, and other facilities in the border area.

3. Protecting national interests, peace, security, public order, social safety, economy, culture, society, natural resources, environment; ensuring the enforcement of laws in the border area and border gates.

4. Promoting socio-economic development in conjunction with strengthening and consolidating national defense, security, and diplomacy in the border area.

6. International cooperation on border defense, border diplomacy, people-to-people diplomacy, building a peaceful, friendly, cooperative, and developing border, and long-term stability.

7. Being ready to fight against aggressive wars and armed conflicts.

Article 6. Forces Implementing Border Defense Tasks

1. Military agencies, organizations, and units in the border area and border gates.

2. Leadership, command, and management agencies of military agencies, organizations, and units as stipulated in Clause 1 of this Article.

Article 7. Responsibilities and Treatment Policies for Agencies, Organizations, and Citizens Participating, Cooperating, Collaborating, and Assisting Forces Implementing Border Defense Tasks

1. Agencies, organizations, and citizens have the responsibility to participate, cooperate, collaborate, and assist forces implementing border defense tasks in performing their duties.

2. Citizens in the border area have the responsibility to participate in building a people's border defense foundation and a people's border defense posture, and various movements to protect national sovereignty, territory, border, maintain security, public order, and social safety in the border area and border gates.

3. Agencies, organizations, and citizens participating, cooperating, collaborating, and assisting forces implementing border defense tasks who achieve meritorious results shall be rewarded; those suffering property losses shall be compensated; those whose honor and dignity are harmed shall be restored; individuals injured, harmed in health, or life shall themselves or their families enjoy treatment and policies according to the provisions of the law.

Article 8. Prohibited Acts Regarding Border Defense

1. Violating national sovereignty and territory; destroying, causing instability in security, public order, and social safety in the border area and border gates.

2. Using or allowing the use of Vietnam’s border area to oppose, interfere in another country; threatening or using force in border relations.

3. Impersonating agencies, organizations, or persons executing border defense tasks; opposing, obstructing, retaliating, threatening, harming the lives, health, insulting the honor, and dignity of persons executing border defense tasks.

4. Bribery, enticing, luring, or coercing persons executing border defense tasks to violate the law.

5. Exploiting or abusing the execution of border defense tasks to violate the law, infringing upon the interests of the State, the rights and legitimate interests of agencies, organizations, and individuals.

6. Discriminating based on gender, dividing, discriminating against ethnic groups, races, citizenships, beliefs, religions, cultural levels in the execution of border defense tasks.

7. Producing, using, buying, selling, exchanging, transporting, disseminating false information and images about national sovereignty, territory, and borders.

Chapter II

BASIC ACTIVITIES REGARDING BORDER DEFENSE

Article 9. The people's border defense foundation and the people's border defense posture

1. The basic contents of building the people's border defense foundation include:

a) Building and implementing the National Border Defense Strategy, regional defense system, civil defense, and border area defense plan;

b) Building and consolidating the political system in the border areas;

c) Building political, spiritual, military, security, diplomatic, economic, cultural, social, scientific, and technological potential to meet the requirements of border defense tasks;

d) Building a strong and widespread nationwide border defense force; building a revolutionary, regular, elite Border Guard Force, gradually modernizing with some components advancing directly to modernization;

đ) Building a mass movement for participation in protecting national sovereignty, territory, border, maintaining security, order, and social safety in border areas and ports;

2. The basic contents of building the people's border defense posture include:

a) Building infrastructure systems and arranging residential clusters to meet the requirements of economic and social development, national defense, and security in border areas;

b) Building a continuous and solid defensive works; organizing and deploying forces to meet the requirements of border defense tasks;

c) Coordinating among agencies, organizations, and forces to leverage comprehensive strength and promptly handle situations at borders and border areas;

d) Organizing the people to participate in performing border defense tasks.

Article 10. Coordination in executing border defense tasks

1. The scope of coordination in executing border defense tasks is defined as follows:

a) The Ministry of National Defense shall take the lead and coordinate with ministries, ministerial-level agencies, and provincial-level authorities to manage and protect the national border, maintain security, order, and social safety in border areas and ports;

b) Ministries, ministerial-level agencies, within their respective functions, duties, and powers, shall take the lead and coordinate with the Ministry of National Defense, provincial-level authorities, and relevant agencies and organizations to execute border defense tasks;

c) Provincial-level authorities where there are national borders, within their respective functions, duties, and powers, shall take the lead and coordinate with ministries, ministerial-level agencies, and relevant localities, agencies, and organizations to execute border defense tasks;

2. Principles of coordination in executing border defense tasks include:

a) Based on the functions, duties, powers, and operational areas of the forces executing border defense tasks as prescribed by law; not obstructing lawful activities of agencies, organizations, and individuals;

b) Ensuring centralized and unified command as prescribed by law;

c) Being proactive, flexible, secret, timely, effective, and linked to the responsibility of the heads;

d) On the same territory, when discovering violations of law related to the duties and powers of multiple agencies, organizations, and forces, the agency, organization, or force that discovers first must handle according to its authority prescribed by law; if the case does not fall within its jurisdiction, it must handle initially, transfer files, persons, contraband items, vessels, and vehicles violating the law to the competent agency, organization, or force responsible for resolving the matter. The receiving agency, organization, or force has the responsibility to inform the transferring agency, organization, or force about the investigation and handling results.

3. Contents of coordination in executing border defense tasks include:

a) Exchanging information and materials; proposing to the competent authority to build policies and laws on border defense;

b) Patrolling, inspecting, controlling, and handling situations related to national defense, security, order, and social safety; combating crime and law violations; preventing, responding to, and mitigating accidents, natural disasters, catastrophes, climate change, and epidemics; searching, rescuing, and providing assistance in border areas and ports;

c) Building a strong people's border defense foundation and posture in border areas;

d) Building core specialized forces;

đ) Training and instructing professional skills and expertise for border defense task execution forces;

e) Propagating, disseminating, and educating the law in border areas;

g) Implementing other coordinated activities related thereto.

4. The Government shall provide detailed regulations on coordination between ministries, ministerial-level agencies, and local authorities in executing border defense tasks.

The Minister of National Defense shall provide detailed regulations on coordination between the Border Guard Force and other forces under the Ministry of National Defense in executing border defense tasks.

Article 11. Limitation or suspension of activities in border zones and border areas, crossing the border at border gates, and border crossings

1. The cases for limitation or suspension include:

a) Border disputes, territorial conflicts; armed conflicts; enemy infiltration; other activities threatening national sovereignty, territory, and borders;

b) Riots, terrorism, hostage-taking, pursuit of armed criminals;

c) Prevention of natural disasters, fires, floods, and the spread of epidemics across the border;

d) Upon request or notification from the Government, local authorities, or border management and protection forces of neighboring countries regarding the limitation or suspension of border crossing.

2. Activities subject to limitation or suspension include:

a) In border zones: entering and exiting the border zone, areas affected by epidemics, fires, floods, and natural disaster risks; holding markets, organizing festivals; production, business operations, construction projects, exploration, and resource extraction;

b) In border areas: entering and exiting the border area, areas affected by epidemics, fires, floods, and natural disaster risks; holding markets, organizing festivals; production, business operations, construction projects, exploration, and resource extraction;

c) Crossing the border at international border gates, main border gates, bilateral border gates, secondary border gates, and border crossings.

3. The decision-making process for limiting or suspending activities in border zones and border areas is as follows:

If the twenty-four-hour period expires and it is deemed necessary to continue the limitation or suspension of activities in the border area, the Border Guard Force Commandant of the provincial level has the responsibility to propose that the Provincial People's Committee decide to continue the limitation or suspension for no more than twenty-four hours and notify the Ministry of Foreign Affairs and the provincial-level Public Security Department;

c) Decisions on limitation or suspension stipulated in points a and b of this clause must be notified to agencies, organizations, and individuals in the border area; notified to border management and protection forces of neighboring countries.

4. The decision-making process for limiting or suspending border crossing at border gates and border crossings is as follows:

d) The Prime Minister decides on the limitation or suspension of border crossing at international border gates based on the proposal of the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Foreign Affairs. The Ministry of Foreign Affairs is responsible for notifying the diplomatic agencies of neighboring countries.

5. Before the expiration of the limitation or suspension period for border crossing, if it is deemed necessary to continue the limitation or suspension, the extension of the limitation or suspension period shall be carried out as follows:

a) The Border Guard Post Commander decides on the extension of the limitation or suspension period for border crossing at secondary border gates and border crossings for no more than six hours;

c) The Chairman of the Provincial People's Committee decides on the extension of the limitation or suspension period for border crossing at main border gates or bilateral border gates for no more than twenty-four hours;

d) The extension must be reported immediately and approved by the immediate superior before making the decision; notified to agencies, organizations, and individuals in the border area; notified to the local foreign affairs agency and the Ministry of Foreign Affairs according to clauses 3 and 4 of this Article.

6. In case the limitation or suspension is terminated before the deadline, the authorized person shall immediately notify relevant agencies and through mass media; notify border management and protection forces and local authorities of neighboring countries.

Article 12. International Cooperation on Border Defense

1. The contents of international cooperation on border defense include:

a) Establishing and developing border relations; building and expanding friendly relations with the authorities, people, and functional forces of countries sharing borders and other nations; developing relations with relevant international organizations;

b) Signing and implementing international treaties, agreements on border defense; establishing and enforcing bilateral and multilateral border defense cooperation mechanisms in accordance with the law;

c) Negotiating and resolving issues and incidents related to borders and ports of entry; patrolling borders; controlling entry and exit, import and export at ports of entry, crossing the border in accordance with the law; preventing and combating crime and law violations;

d) Struggling to prevent all actions that harm Vietnam's border relations with other countries;

đ) Preventing, responding to, and mitigating natural disasters, catastrophes, climate change, epidemics; searching for, rescuing, and providing assistance;

e) Training, instructing, exchanging experience in border defense; transferring equipment, science, and technology to enhance the capacity to perform border defense tasks.

2. Forms of international cooperation on border defense include:

a) Signing international treaties, agreements;

b) Diplomatic talks, cooperative exchanges;

c) Exchanging and sharing information;

d) Other forms of cooperation as prescribed by Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member.

Chapter III

BORDER GUARD FORCES

Article 13. Position and Functions of the Border Guard Force

1. The Border Guard Force is a people's armed force, a component of the People's Army of Vietnam, serving as the core specialized force managing and protecting the national border and border areas.

2. The Border Guard Force has the function of advising the Minister of National Defense to promulgate policies and laws on border defense within their authority or proposing such policies and laws to the Party and State; implementing state management over national defense, security, and foreign affairs, and leading and coordinating with agencies and organizations to maintain public security, order, and social safety in border areas and ports of entry in accordance with the law.

Article 14. Tasks of the Border Guard Force

1. Collecting information, analyzing, evaluating, and forecasting situations to fulfill tasks and advise the Ministry of National Defense, the Party, and the State to issue and implement policies and laws on border defense.

2. Advising the Ministry of National Defense on the management and protection of the national border, maintaining public security, order, and social safety in border areas and ports of entry, and building the Border Guard Force.

3. Implementing the management and protection of the national border, the system of national boundary markers, signs, and border demarcation features, border infrastructure, and ports of entry; organizing inspections of the implementation of laws on border defense.

4. Maintaining public security, order, and social safety, preventing, detecting, and stopping the activities of hostile forces, preventing and combating crime and law violations, protecting the rights and legitimate interests of agencies, organizations, and individuals in border areas and ports of entry in accordance with the law.

5. Controlling entry and exit at ports of entry managed by the Ministry of National Defense and controlling cross-border movements in accordance with the law.

6. Implementing international cooperation on border defense and foreign affairs; resolving border and port of entry incidents in accordance with the law.

7. Propagating, disseminating, and educating the law, mobilizing the people to implement the Party's guidelines and policies and the State's policies and laws.

8. Being ready to fight and combat armed conflicts and aggressive wars in border areas.

10. Receiving and utilizing civilian personnel and means to perform tasks in accordance with the law.

11. Participating in building grassroots political systems, stabilizing and arranging the population, constructing infrastructure systems, developing socio-economic activities, and implementing ethnic and religious policies in border areas in conjunction with building and consolidating national defense and security.

12. Participating in preventing, responding to, and mitigating natural disasters, catastrophes, climate change, epidemics; searching for, rescuing, and providing assistance in border areas.

Article 15. Powers of the Border Guard Force

1. Deploy and utilize forces, means, and technical equipment to perform tasks; apply forms and measures for managing and protecting the national border as prescribed in Articles 19 and 20 of this Law.

2. Patrol, inspect, control, manage, and protect the national border, the system of national boundary markers, signs, boundary line indicators, border works, and ports; issue, amend, supplement, revoke visas and other documents in the field of managing and protecting the national border; inspect and control means of transport when there are signs of violation of laws, handle means of transport violating laws in border areas and ports according to the provisions of the law.

3. Struggle, prevent, investigate, and handle violations of laws in border areas and ports according to the provisions of the law.

4. Restrict or temporarily suspend activities in the border zone, border areas, crossing the border at ports and open passages as prescribed in Article 11 of this Law.

5. Use weapons, explosives, and auxiliary tools as prescribed in Article 17 of this Law.

6. Mobilize people, ships, means of transport, and civilian technical equipment as prescribed in Article 18 of this Law.

7. Directly pursue and arrest persons and means of transport violating laws from the border into the interior; cooperate with other forces to track down and arrest persons who have committed illegal acts and fled into the interior; pursue and arrest persons and means of transport violating laws that have fled from Vietnam's internal waters and territorial seas out of the scope of Vietnam's territorial seas according to Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

8. Cooperate and coordinate with functional forces of neighboring countries, other countries, and international organizations in managing and protecting the national border, ports, preventing and combating crime, and violations of laws according to Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

Article 16. Scope of Activities of the Border Guard Force

1. Operate in border areas, ports managed by the Ministry of National Defense, and domestic territories to fulfill functions, tasks, and powers as prescribed by law.

2. Operate outside the border according to international treaties to which the Socialist Republic of Vietnam is a party and Vietnamese law in cases where such operations are for humanitarian purposes, peace, search and rescue, controlling entry and exit, ensuring security, public order, social safety, preventing and combating crime, and violations of laws.

Article 17. Use of Weapons, Explosives, and Auxiliary Tools

1. When performing duties, officers and soldiers of the Border Guard Force may use weapons, explosives, and auxiliary tools as prescribed in the Law on Management and Use of Weapons, Explosives, and Auxiliary Tools.

2. In addition to the cases of firing service weapons as prescribed in the Law on Management and Use of Weapons, Explosives, and Auxiliary Tools, when performing duties to combat crime and violations of laws, ensuring security, public order, and social safety, officers and soldiers of the Border Guard Force may fire service weapons at vessels on sea and river borders, except those belonging to diplomatic agencies, consular offices of foreign countries, representative offices of international organizations, or vessels carrying people or hostages, to stop such vessels under the following circumstances:

a) The person controlling the vessel attacks or directly threatens the lives of personnel performing their duties;

b) When it is known that the vessel is carrying criminals, prohibited weapons, explosives, reactionary documents, state secrets, drugs, or national treasures and is deliberately fleeing;

c) When the vessel has individuals who have committed acts of piracy or armed robbery as defined by international treaties to which the Socialist Republic of Vietnam is a party, or criminal acts as prescribed by criminal law and is deliberately fleeing.

3. In cases of firing weapons as prescribed in Clause 2 of this Article, officers and soldiers of the Border Guard Force must warn by actions, commands, or verbal warnings or by firing warning shots before firing at the vessel; they must follow the orders of authorized persons when performing organized tasks.

Article 18. Mobilization of People, Ships, Vehicles, and Civil Engineering Equipment

1. In cases of emergency to apprehend persons, ships, vehicles violating laws, search and rescue operations, emergency medical assistance for victims, responding to and mitigating serious environmental incidents, officers and soldiers of the Border Guard may mobilize people, ships, vehicles, and civil engineering equipment from agencies, organizations, and Vietnamese citizens.

2. The mobilization stipulated in Clause 1 of this Article must be consistent with the actual capabilities of the people, ships, vehicles, and civil engineering equipment being mobilized, and must be immediately returned once the emergency situation ends.

If the mobilized individuals or property suffer damage while performing their tasks, they shall be entitled to benefits, policies, and compensation according to Clause 3, Article 7 of this Law; units having officers and soldiers who have been mobilized shall be responsible for resolving compensation matters in accordance with the law.

3. Agencies, organizations, and Vietnamese citizens have the responsibility to implement mobilizations by the Border Guard.

4. In cases of emergency to apprehend persons, ships, vehicles violating laws, search and rescue operations, emergency medical assistance for victims, responding to and mitigating serious environmental incidents, officers and soldiers of the Border Guard may request support and assistance from foreign organizations and individuals operating in border areas.

Article 19. Forms of Management and Protection of National Borders

1. Forms of management and protection of national borders include:

a) Regular management and protection of borders are applied when the situation regarding sovereignty, territory, security, public order, and social safety in border areas is stable;

b) Enhanced management and protection of borders are implemented when significant political, economic, cultural, and social events occur in border areas, checkpoints, and both sides of the border; when the situation in some areas of border regions becomes complex in terms of security, public order, and social safety; when outer border areas and border regions are conducting military exercises, security, public order activities, natural disasters, catastrophes, epidemics, rescue operations, or criminal pursuit activities where the perpetrator could cross the border; or when the border management and protection forces of the neighboring country request it;

c) Emergency management and protection of borders during defense emergencies, martial law, curfews, or war situations are carried out in accordance with the law on defense.

2. The authority to decide on changing the form of management and protection of national borders is defined as follows:

a) The Commander of the Border Guard decides to change the forms of management and protection of borders specified in points a and b of Clause 1 of this Article, and reports immediately to the Ministry of National Defense, bearing full responsibility under the law for his decision;

b) The Minister of National Defense decides to change the form of management and protection of borders specified in point c of Clause 1 of this Article.

3. The Minister of National Defense shall provide detailed regulations for points a and b of Clause 1 of this Article.

Article 20. Measures for Management and Protection of National Borders

1. Measures for management and protection of national borders include:

a) Mobilizing the masses;

b) Legal measures;

c) Diplomatic measures;

d) Economic measures;

đ) Science and technology measures;

e) Professional measures;

g) Armed measures.

2. The contents, conditions, authority, procedures, formalities, and responsibilities for applying the measures prescribed in Clause 1 of this Article are stipulated by law.

Article 21. The organizational system of the Border Guard Force

1. The organizational system of the Border Guard Force includes:

a) The Border Guard Command;

c) Border Guard Posts, Border Gate Command Boards, and Border Guard Fleets.

2. The Government shall provide detailed regulations for this Article.

Article 22. Equipment of the Border Guard Force

1. The Border Guard Force is equipped with military and civilian means, weapons, explosives, support tools, and technical equipment for performing its functions, tasks, and powers.

2. The Government shall stipulate the management, use, and list of technical equipment for the Border Guard Force.

Article 23. Traditional Day, International Name, and Seal of the Border Guard Force

1. March 3rd of each year is the traditional day of the Border Guard Force and the National Border Guard Day.

2. The international name of the Vietnam Border Guard is Vietnam Border Guard.

3. The Border Guard Force uses a seal bearing the State Emblem when performing its assigned functions, tasks, and powers.

Article 24. Uniforms, Colors, Flags, Insignia, and Identification Marks of the Border Guard Force

1. Military insignia, rank insignia, flags, insignia, uniforms, and ceremonial uniforms of Border Guard officers and soldiers shall be prescribed by the Government.

2. Ships, aircraft, automobiles, and other means of transport of the Border Guard Force have specific colors, flags, insignia, and identification marks according to regulations of the Ministry of National Defense. When on duty, ships must fly the national flag of Vietnam and the Border Guard flag.

Chapter IV

ENSURING BORDER GUARD AND REGIME, POLICY FOR FORCES PERFORMING BORDER GUARD TASKS

Article 25. Ensuring Human Resources

1. Vietnamese citizens are the human resources for building, managing, and protecting the national border and border areas. The State has plans to select, train, and develop human resources for forces performing border guard tasks; prioritizing residents in border areas.

2. Officers and soldiers of the Border Guard Force are trained, instructed, and developed in politics, professional knowledge, business skills, laws, foreign languages, ethnic languages, and other necessary knowledge suitable for their assigned tasks and powers.

3. Ethnic minority people in border areas and those with talent are encouraged and prioritized to serve long-term in the Border Guard Force.

Article 26. Ensuring Financial Resources

The State ensures the budget for border guard tasks according to the law on state budget; mobilizes financial resources for border guard tasks; prioritizes infrastructure construction, border works, border gates, and the development of core and specialized forces performing border guard tasks.

Article 27. Regime and Policy for Forces Performing Border Guard Tasks

1. Forces performing border guard tasks in border areas enjoy preferential regimes and policies as prescribed by law.

2. Officers and soldiers of the Border Guard Force enjoy preferential policies and special regimes appropriate to the nature of their work and operational areas, as prescribed by the Government.

Chapter V

RESPONSIBILITIES OF AUTHORITIES AND ORGANIZATIONS REGARDING BORDER GUARD

Article 28. Responsibilities of the Government

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

2. The content of state management regarding border guard includes:

a) Issuing, submitting to competent authorities for issuance, and organizing the implementation of strategies, policies, and laws on border guard, building a people's border guard foundation, a people's border defense posture, and developing core and specialized forces performing border guard tasks;

b) Organizing and directing the execution of border guard tasks;

c) International cooperation on border guard, border diplomacy;

d) Inspecting, auditing, handling violations of law, resolving complaints and denunciations, summarizing, concluding, promoting competition, and rewarding in border guard;

e) Propaganda, dissemination, and education on border guard laws.

Article 29. Responsibilities of the Ministry of National Defense

1. The Ministry of National Defense shall be responsible to the Government for state management of border defense and shall have the following responsibilities:

a) To take the lead and coordinate with the Ministry of Foreign Affairs and the Ministry of Public Security in managing and protecting the national border;

b) To take the lead and coordinate with ministries, ministerial-level agencies, and local authorities in maintaining security, public order, and social safety in border areas and border gates as prescribed by law;

c) Within its scope of duties and powers, to guide ministries, ministerial-level agencies, and local authorities in building a people's border defense foundation and a people's border defense posture, and to implement the People's Border Day;

d) To guide ministries, ministerial-level agencies, and local authorities located in border areas in managing and protecting the national border and border regions;

đ) To build the Border Guard Force to meet requirements and tasks;

e) To coordinate with ministries, ministerial-level agencies, and local authorities in building the national border and border regions;

2. The Minister of National Defense shall stipulate the duties and powers of forces under his/her command in managing and protecting the national border and border regions.

Article 30. Responsibilities of the Ministry of Foreign Affairs

Within its scope of duties and powers, the Ministry of Foreign Affairs shall have the responsibility to take the lead and coordinate with the Ministry of National Defense, the Ministry of Public Security, relevant agencies, and local authorities in implementing the following contents:

1. To propose policies and measures for managing the national border;

2. To implement state management over border defense foreign affairs activities; to guide core and specialized forces on border defense foreign affairs operations;

3. To direct and guide provincial People's Committees located in border areas in implementing state management over the national border;

4. To submit to the Prime Minister for guidance or to handle within their authority issues arising from the activities of ministries, sectors, and localities related to managing and protecting the national border;

5. To train and guide core and specialized forces in performing border defense tasks related to border issues and foreigners.

Article 31. Responsibilities of the Ministry of Public Security

1. Within its scope of duties and powers, the Ministry of Public Security shall have the responsibility to coordinate with the Ministry of National Defense and the Ministry of Foreign Affairs in performing border defense tasks;

2. To take the lead and coordinate with the Ministry of National Defense, the Ministry of Foreign Affairs, relevant agencies, and local authorities located in border areas in implementing the following contents:

a) To build and consolidate the people's security foundation linked with the national defense foundation and the people's border defense foundation in border areas;

b) To manage state affairs regarding entry and exit, to formulate and issue policies and laws on exit and entry within its authority, and to submit to competent authorities for issuance of policies and laws on exit and entry;

3. To coordinate with the Ministry of National Defense, the Ministry of Foreign Affairs, relevant agencies, and local authorities located in border areas in maintaining security, public order, and social safety, enforcing laws, and handling military and defense situations in border areas;

4. To coordinate with the Ministry of National Defense to train, develop, and guide core and specialized forces on national security, public order, and social safety operations, exchanging relevant operational information to perform border defense tasks;

5. To direct levels of public security to coordinate with agencies and units under the Ministry of National Defense, the Ministry of Foreign Affairs, and local authorities in performing border defense tasks.

Article 32. Responsibilities of Ministries and Ministerial-Level Agencies

1. Within their respective tasks and authorities, Ministries and Ministerial-Level Agencies shall be responsible for coordinating with the Ministry of National Defense, the Ministry of Foreign Affairs, and the Ministry of Public Security to implement state management over border defense.

2. To promulish or submit to competent authorities for promulgation and organize the implementation of laws on border defense.

3. Participate in building a people's border defense foundation and a strong people's border defense posture.

Article 33. Responsibilities of People's Councils and People's Committees at all levels

1. Within their respective tasks and authorities, People's Councils at all levels where there are national borders shall have the following responsibilities:

a) Decide on policies, measures, and mobilize resources to ensure the execution of border defense tasks in accordance with the National Border Protection Strategy, building a people's border defense foundation, and a strong people's border defense posture;

b) Decide on budgets to ensure the execution of border defense tasks and build core and specialized forces at the local level; preferential policies ensuring housing and land for Border Guard officers and soldiers working long-term in border areas, and other policies;

c) Supervise the implementation of laws on border defense at the local level.

2. Within their respective tasks and authorities, People's Committees at all levels where there are national borders shall implement state management over border defense and have the following responsibilities:

a) Prepare budget estimates to submit to the same-level People's Council to ensure the execution of border defense tasks and build core and specialized forces at the local level;

b) Concentrate and mobilize resources to build a strong border area politically, economically, culturally, socially, scientifically, technologically, defensively, and securely; build a people's border defense foundation and a strong people's border defense posture locally; implement the National People's Border Defense Day; implement military rear support policies;

c) Arrange and allocate residents, construct infrastructure; combine economic, cultural, social, scientific, and technological development with reinforcing and strengthening national defense, security, and diplomacy in border areas;

d) Take the lead and coordinate with the same-level Vietnam Fatherland Front Committee and related agencies and organizations to organize mass movements of the people to participate in border management and protection, maintain public security and social order and safety in border areas;

e) Build peaceful, friendly, cooperative, and developmental borders.

3. Within their respective tasks and authorities, People's Councils and People's Committees at all levels where there are no national borders shall have the following responsibilities:

a) People's Councils at all levels decide on policies, measures, budgets, supervise, and mobilize resources to ensure the execution of border defense tasks;

b) People's Committees at all levels participate and coordinate with relevant agencies and organizations to execute border defense tasks, build a people's border defense foundation and a strong people's border defense posture; disseminate, popularize, and educate the public about border laws; participate in implementing economic, cultural, social, scientific, technological, and diplomatic development programs in border areas; implement the National People's Border Defense Day; implement military rear support policies.

Article 34. Responsibilities of the Vietnam Fatherland Front and its Member Organizations

The Vietnam Fatherland Front and its member organizations, within their respective tasks and authorities, shall be responsible for coordinating with relevant agencies and organizations to disseminate and mobilize the public to implement laws on border defense; supervise the implementation of laws on border defense.

Chapter VI

IMPLEMENTING PROVISIONS

Article 35. Amend and supplement Article 21 of the National Border Law No. 06/2003/QH11 as follows:

"Article 21

1. In cases where national defense, security, or other special reasons exist, or at the request or notification of the relevant country, persons, means of transport, and goods may be restricted or temporarily suspended from crossing the national border, including harmless passage through Vietnam's territorial sea.

2. The restriction or suspension of activities in the border zone, border area, and crossing at border gates, land border crossings shall be carried out in accordance with the provisions of the Vietnamese Border Defense Law.

3. The authority to decide on the restrictions or suspensions provided for in Clause 1 of this Article shall be stipulated by the Government, except for the cases specified in Clause 2 of this Article. Decisions regarding restrictions or suspensions must be notified to local authorities and competent authorities of the relevant country.

Article 36. Effective Date

1. This Law takes effect from January 1, 2022.

2. The Border Guard Force Ordinance No. 02/1997/PL-UBTVQH9 ceases to be effective from the date this Law comes into force.

 This Law was adopted by the Fourteenth National Assembly of the Socialist Republic of Vietnam at its tenth sessionon November 11, 2020.