Circular No. 89/2004/TT-BQP guiding the implementation of Government Decree No. 161/2003/NĐ-CP on the Regulations of the Border Sea Area

CIRCULAR

Guidelines for Implementing Decree No. 161/2003/NĐ-CP of the Government on the Regulations of the Border Sea Area

Regarding the Regulations of the Border Sea Area

On December 18, 2003, the Government issued Decree No. 161/2003/NĐ-CP on the Regulations of the Border Sea Area, which includes Clause 2, Article 36 stipulating that "The Ministry of National Defense shall take the lead and coordinate with relevant ministries and sectors to guide and inspect the implementation of this Decree."

1. Land border gates include international gates, main gates, and sub-gates established along land routes, railway lines, and inland waterways within the border area pursuant to Agreements on Border Regulations signed between the Government of the Socialist Republic of Vietnam and the Government of neighboring countries to facilitate exit, entry, transit, export, and import (hereinafter referred to as exit and entry) of persons, means of transport, and goods.

1. Provisions concerning the border sea area, prohibited zones, and restricted activity areas.

2. Certain provisions for Vietnamese and foreign persons, vessels operating within the border sea area.

3. Certain provisions regarding management and protection of the border sea area.

4. Responsibilities for organizing implementation.

I. BORDER SEA AREA, PROHIBITED ZONES, AND RESTRICTED ACTIVITY AREAS

A. BORDER SEA AREA

1. The border sea area extends from the national maritime boundary inland to the administrative boundaries of coastal communes, wards, towns, and islands, archipelagos.

The national maritime boundary is the outer limit of territorial waters of the mainland, islands, and archipelagos belonging to Vietnam; it is determined and marked by coordinates on nautical charts.

Where territorial waters, internal waters, or historical waters of Vietnam adjoin those of neighboring countries, the national maritime boundary is determined according to agreements between the countries sharing the maritime zone in accordance with international treaties to which Vietnam is a party.

2. The border sea area comprises:

- Coastal communes, wards, towns, and islands, archipelagos (as listed in the Appendix attached to Decree No. 161/2003/NĐ-CP dated December 18, 2003 of the Government).

- Internal waters, territorial waters of the mainland, and internal waters, territorial waters of islands, archipelagos.

3. Tourist, service, trade, and joint economic zones within the border sea area shall be implemented in accordance with the Government's regulations for such areas. If activities in these areas relate to the national maritime boundary, prohibited zones, or restricted activity areas, they shall be carried out in accordance with Article 7 of Decree No. 161/2003/NĐ-CP and this Circular.

B. PROHIBITED ZONES

1. Prohibited zones are established only where necessary, in important areas, or at specific times to ensure security for military operations and defense and security tasks.

The Provincial Border Guard Command shall take the lead in coordinating and unifying with the Provincial Military Command and the Provincial Public Security Director to determine the nature, time, and specific scope of prohibited zones; the Border Guard Command shall compile and report to the Ministry of National Defense for decision. The Border Guard Command has the responsibility to notify the Decision on Prohibited Zones to the Provincial People's Committee, related entities in the designated prohibited zones; if the prohibited zone is within internal waters or territorial waters, it shall notify the Vietnam Maritime Administration to issue maritime notifications to Vietnamese and foreign vessels.

2. Prohibited zones shall be managed and protected in accordance with current laws and management and protection regulations issued by the Minister of National Defense.

3. When establishing prohibited zones, if relocation of residents is required, prior notification must be given and compensation provided in accordance with the law.

4. The scope of prohibited zones shall be marked by signs (on land) or determined and marked by coordinates on nautical charts (at sea).

5. The "Prohibited Zone" sign shall be made according to a unified model; the sign shall be made of metal, 1.5 mm thick; the signpost shall be a steel pipe, 100 mm in diameter; the sign shall be reflective material, blue background, white lettering. The sign shall be placed in easily visible locations. The sign shall be written in two languages, in two lines, the top line in Vietnamese, the bottom line in English. Specific details are set forth in the Appendix attached to this Circular.

C. RESTRICTED ACTIVITY AREAS

1. In the border sea area, restricted activity areas may be established for the following reasons:

- Environmental management and protection;

- Extraction and salvage;

- Search and rescue;

- Military exercises;

- Disease prevention;

- Other cases.

2. Restricted activity areas within the jurisdiction of specialized management sectors shall be determined by relevant ministries and sectors (scope, nature, level, duration) after coordination with the Provincial Border Guard Command, reported to the local Provincial People's Committee for decision, and simultaneously notified to the Ministry of National Defense.

3. The authority issuing the decision on restricted activity areas must notify related entities; if the restricted activity area is within internal waters or territorial waters, it must notify the Vietnam Maritime Administration to issue maritime notifications to Vietnamese and foreign vessels.

4. The scope of restricted activity areas shall be marked by signs (on land) or marked by coordinates on nautical charts (at sea) or announced by area; the signs shall be made of galvanized iron or wood, placed in easily visible locations.

II. PROVISIONS FOR PERSONS AND VESSELS OPERATING IN THE BORDER SEA AREA

A. FOR VIETNAMESE PERSONS AND VESSELS

1. Persons and vessels entering and exiting territorial waters, internal waters, ports, and berths shall comply with the provisions of Decree No. 161/2003/NĐ-CP and other relevant laws, subject to inspection and control by the Border Guard and specialized inspection forces in accordance with the law.

2. Agencies and units organizing military exercises, search and rescue drills, joint patrols, live ammunition firing, or explosive material use in the border sea area must:

- Conduct in accordance with approved plans and decisions;

- Notify clearly the location, scope, and time of implementation to the Provincial People's Committee and the Provincial Border Guard Command at least five days before proceeding. In cases organized within internal waters or territorial waters, they must notify the Vietnam Maritime Administration to issue maritime notifications to Vietnamese and foreign vessels.

3. Vessels entering and exiting the border sea area for operation must have registration numbers as prescribed (including vessels of military and public security enterprises operating for economic purposes), possess all documents specified in Article 10 of Decree No. 161/2003/NĐ-CP, and ensure safety and relevant documents directly related to the field of operation of persons and vessels in accordance with the law.

4. Vietnamese citizens working on foreign vessels must have one of the following documents:

- Seaman's card (if they are seafarers).

- A permit issued by the Border Guard Post where the vessel is moored.

B. REGARDING FOREIGN PERSONS AND VESSELS

1. Foreign persons and vessels operating in Vietnam's maritime border area must obtain permission from competent Vietnamese authorities, possess all required documents as stipulated in Article 13 of Decree No. 161/2003/NĐ-CP; they shall be subject to supervision, inspection, control, and handling of violations by the Border Guard and other functional forces of Vietnam.

For foreign persons and vessels conducting exploration, fishing, scientific research, resource exploitation in the maritime border area within specialized fields managed by relevant ministries and sectors, permits must be issued by these ministries and sectors, while simultaneously notifying the People's Committee and the Provincial Border Guard Command at least two days before commencing activities.

2. Foreign individuals residing permanently or temporarily in Vietnam who come to operate in the maritime border area (excluding tourist and service areas) must obtain a permit from provincial-level Public Security organs; upon arrival at the location specified in the permit, they must report and be subject to inspection and control by the Commune People's Committee or the Border Guard Post.

In cases where foreign individuals travel with Vietnamese agencies or organizations to the maritime border area, representatives of these agencies or organizations must prepare a list of accompanying foreign individuals and inform the Border Guard Post or local authorities of the destination; if staying overnight, temporary residence registration must be made according to the law and they must be subject to inspection and control by the Border Guard Post and local authorities.

Foreign individuals boarding Vietnamese and foreign vessels must obtain permission from the Border Guard Post where the vessel is moored.

3. When vessels are moored at ports or berths, if foreign seafarers or crew members have valid passports or seamen's books listed in the vessel's crew list and are granted shore leave permits or permits to board other foreign vessels.

- The permit is issued by the Border Guard Post and fees are collected according to regulations of the Ministry of Finance; the permit is valid once during the time the vessel is moored at the port.

- Shore leave hours are from 07:00 to 27:00 daily. If for sightseeing, tourism, medical treatment, emergency care, etc., the duration may be extended based on specific circumstances.

- Shore leave area: within the province or centrally administered city where the port is located.

To go beyond this area to other provinces or cities or to exit Vietnam via air, land, or rail, approval and issuance of a permit by the Ministry of Public Security (immigration management agencies at various levels) is required.

- Foreign seafarers or crew members committing violations of Vietnamese law during the time the vessel is moored at the port will be prohibited from going ashore.

- Foreign seafarers or crew members going ashore who violate regulations will be dealt with according to Vietnamese law.

III. MANAGEMENT AND PROTECTION OF THE MARITIME BORDER AREA

1. The Government uniformly directs all activities related to managing and protecting the national maritime border and maintaining public security and social order in the maritime border area; the Border Guard is the core specialized force responsible for coordinating with military, police, coast guard, customs, and other related forces under their jurisdiction in carrying out tasks:

- Implementing comprehensive border guard operations in coastal communes, towns, and wards to grasp the situation, manage the area and subjects, maintain public security and social order.

- Conduct patrols, inspections, detection, prevention, arrest, and handling of individuals and organizations from Vietnam and abroad violating Vietnamese laws or international treaties to which Vietnam is a party.

- Registering, managing, and inspecting people and vessels entering and exiting wharfs, anchorage areas, production and business zones, and other service activities in the maritime border area.

- Managing and maintaining public security and social order at wharfs and anchorage areas of Vietnamese and foreign vessels in the maritime border area.

2. Construction of residential areas, vessel anchorage areas, port facilities, joint venture economic zones, exploration, and resource exploitation in the maritime border area must have planning and coordination between the main authority and provincial-level local government, Provincial Border Guard Command, Provincial Police Director, and related departments before submitting to competent authorities for approval.

Project leaders of such construction projects must notify the People's Committee and Provincial Border Guard Command at least seven days before implementation.

3. Within the maritime border area, other agencies and forces operate according to their functions, duties, and powers as prescribed by law; they also have the responsibility to coordinate with the Border Guard in managing and protecting the national maritime border, maintaining public security and social order in the maritime border area according to the operational cooperation regulations among forces.

4. Persons and vessels operating in the maritime border area must comply with the purpose, scope, time, route, and respond to signals and requests from patrol and inspection forces; they must be subject to inspection and control by the Border Guard, Coast Guard, Customs, and other functional forces according to the law.

5. Vessels of these forces when performing patrol and inspection duties at sea must fly the Vietnamese national flag at the highest position, display pennants at the bow of the vessel; officers, soldiers, and functional staff must wear uniforms, badges, and identification plates as prescribed.

6. While performing their duties, the Border Guard and other functional forces have the right:

- Mobilize various types of communication means, transportation means, including the drivers of state agencies, economic organizations, social organizations, and individuals in cases of necessity, except for the means of foreign agencies, organizations, and individuals enjoying diplomatic privileges and immunities under Vietnamese law and international treaties to which Vietnam is a party.

- Organize and mobilize people and means to perform tasks, participate in search and rescue operations.

- Deploy forces and means, implement operational measures, use various types of means, weapons, equipment, military technology, support tools, and organize mobile patrol teams to inspect and control the activities of people and vessels in the maritime border area.

State agencies, organizations, and individuals must comply with and follow the command and direction of the commander when they are mobilized by the competent authority.

When performing tasks, if the mobilized person suffers damage to life or health, they and their family shall enjoy benefits and policies according to the regulations of the State; if the mobilized means suffer damage or loss, the owner of the means shall be compensated according to the law.

7. Functional sectors shall coordinate with the Border Guard Command of the province and the Provincial Police Director to advise the People's Committee of the province to decide on:

- The location of the market.

- Establishing berths and anchorage areas for vessels.

- Prescribing rules for berths, anchorage areas.

- Establishing management and protection boards for berths and anchorage areas.

When anchoring at ports, berths, or anchorage areas, vessels must strictly comply with the prescribed rules.

IV. IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette.

2. The Border Guard Command shall organize the dissemination to units under the Border Guard and relevant agencies to implement Government Decree No. 161/2003/NĐ-CP on the regime of the maritime border area and this Circular; bear responsibility for monitoring, urging, and inspecting the implementation. Conduct mid-year reviews and report the results of the organization and implementation annually to the Ministry of National Defense.

3. The Border Guard Command shall take the lead in coordinating with the Finance Department of the Ministry of National Defense, functional agencies of the Ministry of Finance, and the Ministry of Planning and Investment to study and submit to the Ministry of National Defense and the Ministry of Finance for supplementing and amending Circular No. 3729/2001/TTLT/BQP-BTC dated November 29, 2002, issued by the Ministry of National Defense and the Ministry of Finance, guiding the content of expenditures and budget management for border management and protection work, maintaining national security and social order and safety in the land border area.

During the process of implementation, if there are issues that are not appropriate or when there are adjustments to administrative boundaries of coastal provinces, districts, communes, wards, towns, the Border Guard Commander shall be responsible for compiling and reporting proposals to the Ministry of National Defense./.