Decree No. 89/2009/NĐ-CP on Border Guard Foreign Affairs Activities

DECREE

On Border Guard Foreign Affairs Activities

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THE GOVERNMENT

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

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

Pursuant to the Border Guard Law dated March 28, 1997;

Pursuant to the Border Regulations Agreements signed with neighboring countries;

Upon the proposal of the Minister of National Defense,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the contents, forms, measures, responsibilities for state management, and budget guarantees for border guard foreign affairs activities.

2. Military foreign affairs activities not falling within the scope regulated by this Decree.

Article 2. Applicability

1. Ministries, ministerial-level agencies, and agencies under the Government.

2. People's Committees at all levels along the land border.

3. Border Guard Force.

Article 3. Principles of Border Guard Foreign Affairs Activities

1. Maintaining national independence, sovereignty, territorial integrity; equality, friendship, and mutual benefit.

2. Consistent with the Party's guidelines and policies, state laws; international treaties to which the Socialist Republic of Vietnam is a member and international customs.

3. Consistent with the functions, tasks, authorities, and activities carried out on the principle of cooperation combined with struggle, contributing to building peaceful, friendly borders, political stability, ensuring national defense and security.

4. In external relations, internal safety must be ensured, strict discipline maintained, caution and thoroughness observed according to the approved content, program, and plan.

Article 4. Contents of Border Guard Foreign Affairs Activities

1. Implementing and participating in negotiations, exchanges, regular or ad hoc meetings with corresponding agencies of neighboring countries regarding the implementation of the Border Regulations Agreement, border guard work agreements; border management and protection activities, security and public order situations; disaster prevention, disease control... in border areas, ports of entry, and resolving cases related to both sides of the border within the jurisdiction prescribed by law and international customs.

2. Cooperating with neighboring countries' border protection forces in managing and protecting the border and the system of national boundary markers, maintaining security and public order in border areas, ports of entry; promptly detecting and effectively resolving encroachment farming, illegal immigration, unauthorized border crossing, preventing and combating smuggling, illegal trading and transportation of prohibited goods, narcotics, robbery, human trafficking across the border, money laundering, terrorism, other crimes, and activities that incite unrest, undermine friendly relations, and solidarity between the governments and people on both sides of the border.

3. Exchanging, receiving persons, contraband items, and means violating the Border Regulations Agreement.

4. Meeting, greeting personnel and officials of neighboring countries' border protection forces or visiting for social purposes as prescribed.

5. Conducting other border guard foreign affairs activities.

Article 5. Confidentiality Regime in Border Guard Foreign Affairs Activities

1. Strictly keeping state secrets, national defense, and security secrets confidential when conducting border guard foreign affairs activities. Prohibiting any illegal relationships, statements that disclose state secrets, harming national defense, security, and friendly cooperative relations with neighboring countries.

2. The use of military secret materials, state secret materials for exchange and work must comply with the legal provisions on state secret protection.

3. Exploitation of external relations for trade, exchange, gift-giving, and receiving gifts for profit-making purposes is not allowed.

Article 6. Reception activities in border defense diplomacy

1. Principles of reception

a) Friendly, attentive, courteous, safe.

b) Respectful, equal treatment without discrimination;

c) Reciprocity;

d) Combining international law with national law and ethnic traditions.

2. Content of reception activities

a) Welcoming guests;

b) Arranging transportation for pick-up and drop-off; dining and lodging places;

c) Decorating workspaces;

d) Seating arrangements for working and attending receptions;

đ) Attire for work;

e) Procedures for signing documents;

g) Presenting gifts;

h) Taking photographs;

i) Guided tours;

k) Seeing off guests.

Chapter II
FORMS AND METHODS OF BORDER DEFENSE DIPLOMACY ACTIVITIES

Article 7. Forms of border defense diplomatic activities

1. Direct contact relations through negotiations

a) Meetings and negotiations shall be conducted in the following cases:

- Negotiating the implementation of international treaties on national borders;

- Exchanging and negotiating regularly or urgently to coordinate in resolving incidents occurring along the border or matters related to border management and protection, maintaining security and order in border areas and border gates, as directed by the Prime Minister.

b) Meeting and working along the border or at an appropriate location to exchange regular or urgent information; coordinating the implementation of provisions stipulated in the Agreement on Border Regulations or resolving incidents occurring in border areas and border gates.

c) Cooperating in conducting bilateral patrols and inspections of the border and national boundary markers according to plans or urgently. Returning and receiving persons, contraband, and means of transport violating the Agreement on Border Regulations;

The return and receipt of violators shall be carried out at border gates or other locations along the border agreed upon by both sides;

d) Invitations shall be issued in the following cases:

- Inviting the Other Party or being invited to work to exchange information and resolve matters related to border management and protection, maintaining security and order in border areas and border gates, as directed by the Prime Minister.

- Inviting the Other Party or being invited for social visits to congratulate on holidays, traditional days, and other events.

2. Indirect contact relations

a) Notification and exchange letters shall be issued in the following cases:

- Situations related to border management and protection; current status of the border, national boundary markers, implementation of the Agreement on Border Regulations and relevant international treaties; content of work and negotiations of specialized departments at local levels according to agreed plans;

- Notifying the neighboring country about accidents, murders where victims are from the Other Party's side; notifying the return of individuals crossing the border illegally, individuals detained by us deemed necessary to return or notifying individuals we are seeking to cooperate in their capture;

- Situations of natural disasters and epidemics occurring in border areas;

- Notifying other contents as directed by higher authorities;

- Notification letters shall be issued periodically or urgently through communication means or liaison officers, and implemented appropriately based on the nature and severity of the incident.

b) Protest letters shall be issued when the neighboring country engages in the following activities:

- Violating territorial sovereignty, border security on land, sea, air, and underground; moving, destroying national boundary markers, altering the course of border rivers and streams; encroaching on border areas, constructing projects affecting the legal position of the border and contrary to the Agreement on Border Regulations;

- Concealing, aiding criminals, smuggling weapons, explosives, toxic substances, drugs, contraband goods, human trafficking, money laundering, terrorist activities, pushing people across the border.

- Propaganda distorting the policies and laws of Vietnam; inciting divisions in friendly relations with Vietnam; disrupting peace and stability in border areas with Vietnam;

- Other activities violating the Agreement on Border Regulations.

3. Social contact relations

Organizing delegations to visit or welcoming functional forces of the neighboring country for social visits during holidays, traditional days, funerals, condolences for national mourning, natural disasters, fires, or participating in other activities.

Article 8. Measures for Border Defense Diplomatic Activities

1. When conducting border defense diplomatic activities, thorough preparation must be made in all aspects and compliance with diplomatic reception principles must be observed; organizing welcoming, hosting, working sessions, and seeing off guests.

2. In contact and work relations, the content, plan, and program already approved must be strictly followed; in case of changes to the program or plan, reports must be submitted to the competent authority as prescribed; all working and contact activities must be conducted through interpreters.

3. The content of exchanges and work between both sides must be fully and detailedly recorded in the minutes. The minutes must be drafted in two languages, Vietnamese and the neighboring country's language; if necessary, they may be drafted in three languages (Vietnamese, the neighboring country's language, and English or French), signed by the two Team Leaders.

If there are new contents arising or exceeding the scope of authority, they must be recorded, reported to higher authorities for guidance; if the counterpart refuses or denies the content raised by us, it must be noted in the minutes to reserve our opinion;

After completing the work, a report must be submitted in writing to the competent authority as prescribed.

4. Based on the Agreement on Border Regulations and the agreement of both sides, the level of relations, meeting components, exchanges, negotiations, and resolution of issues related to both sides of the border must be determined appropriately.

Chapter III
RESPONSIBILITIES FOR STATE MANAGEMENT OF BORDER DEFENSE DIPLOMATIC ACTIVITIES

Article 9. Responsibilities of the Government

1. To unify state management over border defense diplomatic activities.

2. To direct ministries, ministerial-level agencies, government-affiliated agencies, and provincial People's Committees to implement border defense diplomatic activities according to their respective levels and legal regulations.

Article 10. Responsibilities of Ministries, Ministerial-Level Agencies, and Government-Affiliated Agencies

Within their assigned tasks and powers, ministries, ministerial-level agencies, and government-affiliated agencies have the responsibility to organize the implementation of border defense diplomatic activities in accordance with legal regulations and guidelines from the Ministry of National Defense and the Ministry of Foreign Affairs.

Article 11. Responsibilities of the Ministry of National Defense

1. To take the lead, coordinate with the Ministry of Foreign Affairs and relevant ministries and sectors to guide and instruct provincial and centrally-administered city People's Committees to manage the national border. Coordinate with the Ministry of Foreign Affairs to propose policies and participate in negotiation teams to resolve border territorial issues; draft legal normative documents on border management and protection and organize border management and protection within their jurisdiction.

2. To be responsible before the Government for managing state affairs regarding border defense diplomatic activities and coordinate with the Ministry of Foreign Affairs to guide and instruct relevant agencies on border defense diplomatic activity procedures.

3. To sign cooperation agreements with the Ministry of National Defense (relevant ministries and sectors) of neighboring countries concerning issues related to border management and protection, maintaining security and order in border areas and ports of the two countries as prescribed by law.

4. To cooperate internationally in border defense work and conduct border defense diplomatic activities to coordinate in managing and protecting the national border, building a peaceful and friendly border with neighboring countries.

5. To direct and instruct the Border Guard Force to carry out border defense diplomatic tasks and resolve matters related to both sides of the border within their authority. Regularly organize reviews and summaries of the implementation of border defense diplomatic work.

Article 12. Responsibilities of the Ministry of Foreign Affairs

1. Provide information related to border defense diplomacy (state policies on foreign relations, resolution of border and territorial issues with neighboring countries; situation of relations between us and neighboring countries, current status of border and territorial issues...) to facilitate the planning of border defense diplomatic activities.

2. Coordinate with the Ministry of National Defense in directing and guiding relevant ministries, provincial People's Committees, and Border Guard Forces in implementing border defense diplomatic activities.

3. Train and enhance knowledge of laws, international treaties on borders, and border defense diplomatic operations for officials of relevant ministries, provincial People's Committees, and Border Guard Forces to carry out diplomatic work and handle cases involving both sides of the border and foreigners in border areas and checkpoints.

Article 13. Responsibilities of People's Committees at all levels

1. Provincial People's Committees shall be responsible for:

a) Sign agreements and memoranda of understanding with local authorities of neighboring countries regarding issues concerning both sides of the border within the scope of authority as prescribed by law and delegated by the Government;

b) Implement border defense diplomatic activities with local authorities of neighboring countries according to the provisions of law and international treaties on borders to which the Socialist Republic of Vietnam is a member; direct and guide relevant departments and lower-level authorities to coordinate with Border Guard Forces in carrying out border defense diplomatic activities according to programs and plans;

c) Study, compile, and evaluate the situation of border management, border defense diplomatic activities, and coordinate with the Ministry of Foreign Affairs and relevant ministries in performing state management functions over national borders and activities related to border defense diplomacy as prescribed by law on border management and protection;

d) Participate in negotiation delegations of the Government and relevant ministries and sectors according to plans and directives from superiors;

đ) Invite or pay courtesy visits upon invitation; organize receptions for delegations of local authorities and border protection forces of neighboring countries coming to work, pay courtesy visits, congratulate on holidays and festivals, or express condolences during national mourning, natural disasters, fires, and other activities according to plans and directives from superiors.

2. Responsibilities of the People's Committee at the district level

a) Engage in business contacts with the district-level authorities of neighboring countries to exchange information and resolve civil and security issues occurring in border areas and checkpoints according to plans approved by the provincial People's Committee;

b) Exchange and agree with the district-level authorities of neighboring countries when constructing small water conservancy projects on rivers, streams, canals, and creeks along the border to serve the daily life and production of residents in border areas;

c) Participate in negotiation delegations according to plans and directives from the provincial People's Committee;

d) Invite or pay courtesy visits upon invitation; organize receptions for delegations of local authorities and border protection forces of neighboring countries coming to work, pay courtesy visits, congratulate on holidays and festivals, or express condolences during national mourning, natural disasters, fires, and other activities according to plans and directives from superiors.

3. Responsibilities of the People's Committee at the commune level

a) Participate in delegations of Border Guard Posts according to plans and directives from the district-level People's Committee;

b) Participate in other border defense diplomatic activities according to directives from superiors.

Article 14. Responsibilities of the Border Guard Force

1. Advising the Ministry of National Defense on state management of national borders, policies and plans for border defense foreign affairs activities, and organizing such activities according to the directives of the Minister of National Defense and guidelines of the Ministry of Foreign Affairs to manage and protect national sovereignty and security at the border, building peaceful and friendly borders.

2. Participating in state delegations, central ministries, agencies, and provincial People's Committees' delegations as directed by the Minister of National Defense and planned by provincial People's Committees to negotiate and resolve issues related to the implementation of border treaties, agreements, and border cooperation arrangements within their authority to protect national sovereignty, maintain public order and social safety in border areas and ports of entry as prescribed by law.

3. Cooperating with neighboring countries' border protection forces to conduct patrols, control, manage, and protect border lines and national boundary markers; coordinating efforts to combat crime, prevent terrorist activities, illegal border crossings, drug trafficking, smuggling, human trafficking across borders, money laundering, apprehending criminals, rescue operations, and promoting foreign affairs propaganda to build peaceful and friendly borders.

4. Exchanging situations regularly or urgently with neighboring countries' border protection forces for:

a) Notifying and exchanging information on the implementation of border regime agreements, cooperation agreements, violations of territorial sovereignty, joint efforts to combat and prevent violations of border management regulations, maintaining public order and social safety in border areas and ports of entry related to both sides of the border;

b) Accepting and returning persons, contraband items, and means of transport violating border regime agreements;

c) Sending letters protesting violations of border regime agreements and signed agreements;

d) Announcing restrictions or temporary suspension of border crossings according to legal provisions.

5. Inviting or visiting reciprocally upon invitation; organizing receptions for neighboring countries' border protection forces to work, visit, and congratulate on holidays, festivals, or express condolences during national mourning, natural disasters, fires, and other activities according to plans and directives.

6. Organizing summaries and evaluations of border defense foreign affairs activities.

Article 15. Responsibilities of agencies, organizations, and individuals implementing border defense foreign affairs activities

Agencies, organizations, and individuals under various ministries, sectors, and levels of People's Committees; Border Guard Force within their respective duties and authorities shall be responsible for implementing the provisions of this Decree and other relevant laws concerning border defense foreign affairs activities.

Article 16. Responsibilities for coordination in implementation

1. Agencies implementing border defense foreign affairs activities shall base their actions on annual or urgent plans approved by competent authorities, provisions of this Decree, and relevant laws concerning border defense foreign affairs activities to coordinate and unify content and methods of implementation.

2. The head of the delegation is responsible for organizing and implementing the approved foreign affairs activity plan. Members of the delegation are responsible for advising the head of the delegation on matters related to each specialized field to unify content and working methods, avoiding loopholes in foreign affairs contacts.

3. In contact relations, the head of the delegation has the responsibility:

a) Managing and directing all activities of the delegation during foreign affairs contacts regarding statements, etiquette, internal security work, confidentiality, and strictly adhering to reporting procedures as prescribed;

b) Being the spokesperson during negotiations; opinions from members of the delegation must be concentrated and unified through the head of the delegation; members may only speak to clarify issues being discussed after obtaining approval from the head of the delegation;

c) During the work process, if issues arise outside the scope of previously notified content or exceed authority, the head of the delegation records them and reports to the competent authority for guidance;

d) At the end of foreign affairs contacts, the head of the delegation must report to the competent authority on negotiation results, exchanges with counterparts, matters requiring recommendations and proposals, and complete the retention files as prescribed.

Chapter IV
ENSURING THE BUDGET

Article 17. Sources of Budget Guarantee

1. The State budget ensures funding for border guard foreign affairs activities.

2. Other budgets as prescribed by law.

Article 18. Mechanism for Ensuring the Budget

1. The budget ensuring funding for border guard foreign affairs activities of Ministries and sectors shall be allocated in the annual state budget estimate.

2. The budget ensuring funding for border guard foreign affairs activities of localities shall be allocated in the annual state budget estimate.

3. The budget ensuring funding for border guard foreign affairs activities of the Border Guard Force shall be allocated by the Ministry of National Defense in the annual state budget estimate.

4. Each year, Ministries, sectors, and localities shall prepare the annual state budget estimate to ensure funding for border guard foreign affairs activities, consolidate it into the general annual state budget estimate, and submit it to the competent authority for approval.

Article 19. Contents of Expenditure for Border Guard Foreign Affairs Activities

1. Content of expenditure:

a) Expenses for receiving and sending delegations to work according to the border guard foreign affairs plan;

b) Investment in construction, repair, upgrading of material facilities, purchase of technical equipment, means of transportation serving border guard foreign affairs activities;

c) Organization of conferences and seminars;

d) Gifts;

đ) Training, refresher courses for specialized vocational skills;

e) Work on building archival files;

g) Other related foreign affairs activities.

2. Specific expenditure levels shall be implemented in accordance with the provisions of law.

3. The preparation of the budget estimate, management, and use of the budget shall be carried out in accordance with current legal regulations.

Chapter V
IMPLEMENTING PROVISIONS

Article 20. Effective Date

This Decree takes effect from December 2, 2009.

Article 21. Responsibility for Guidance and Implementation

1. The Ministry of National Defense shall cooperate with the Ministry of Foreign Affairs to be responsible for guiding and organizing the implementation of this Decree.

2. The Ministry of Finance shall cooperate with the Ministry of National Defense to specify the investment funds for construction, systems, and standards to ensure funding for border guard foreign affairs activities for the Border Guard Force.

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