Circular No. 9-BNV(BĐBP) guiding the implementation of Border Zone Regulations

CIRCULAR

NUMBER 9-BNV (BĐBP) OF OCTOBER 17, 1992 ISSUED BY THE MINISTRY OF HOME AFFAIRS ON GUIDELINES FOR IMPLEMENTING THE ZONE REGULATIONS

BORDER ZONES

The Council of Ministers has issued Decree No. 427-HĐBT dated December 12, 1990 on the Border Zone Regulations for the Vietnam-Laos border, Decree No. 42-HĐBT dated January 29, 1992 on the Border Zone Regulations for the Vietnam-Cambodia border; and Decree No. 99-HĐBT dated March 27, 1992 on the Border Zone Regulations for the Vietnam-China border.

On August 10, 1992, the Council of Ministers issued Decree No. 289-HĐBT amending certain provisions in the aforementioned Border Zone Regulations.

To ensure consistent implementation of the Border Zone Regulations, the Ministry of Home Affairs provides the following guidelines:

I. REGARDING BORDER ZONES, BORDER RINGS, AND PROHIBITED AREAS

1. a) Border zone: According to Article I of the Border Zone Regulations, only communes, wards, towns (referred to as border communes) that have boundaries coinciding with the national border are considered border zones.

The border communes are listed in Appendix 1 attached hereto.

b) The border ring mentioned in the Border Zone Regulations only specifies a maximum limit not exceeding 1,500 meters from the border line inward, without specifying a minimum limit. The width of the border ring varies based on security, public order, defense, economic conditions, terrain, and the need to protect the border in each specific area of each locality.

When establishing the border ring, at locations with border markets, points for exchanging goods, and tourist areas, these locations must be positioned further inland outside the border ring. In such places, the border ring narrows according to necessary requirements.

c) Prohibited zone.

- Within the border ring, in places deemed necessary or important for security, defense, and economy at specific times, prohibited areas may be established.

- Outside the border ring but within the border zone, if there are prohibited areas falling under the scope of state secrets as stipulated in Article 6 (Clause 6), Article 7 (Clause 5) of the Ordinance on Protecting State Secrets and Article 9 of the Regulations on Protecting State Secrets issued together with Decree No. 84-HĐBT dated March 9, 1992, those regulations shall apply.

2. The Director of Public Security shall coordinate with the proposal of the Border Guard Commander of the province, advise the People's Committee of the border province, and decide on the scope of the border ring and prohibited areas based on specific circumstances at each location after consultation with the Ministry of Home Affairs and the Ministry of Defense. If there are disagreements, the People's Committee of the province shall report to the Government for a decision.

The decision on the scope of the border ring and prohibited areas must include an appendix explaining the basis for determination on a map, marked on-site with signboards.

3. Signboards indicating the boundaries of "border zone," "border ring," and "prohibited area" shall be made uniformly of reinforced concrete, steel sheets, or hard wood placed in easily visible locations. The signboards shall bear text in two languages: the top line in Vietnamese and the bottom line in Chinese, Lao, or Khmer, corresponding to each Border Zone Regulation. For international border gates allowing third-country nationals to pass through, an additional line in English shall be added, following the specifications and dimensions set out in Appendices 2a, 2b, and 2c attached hereto.

II. RESIDENCE AND MOVEMENT IN THE BORDER ZONE

A. RESIDENCE IN THE BORDER ZONE

1. Besides those persons residing in the border zone as specified in Clause 1 and 2 of Article 4 of the Border Zone Regulations for the Vietnam-China border; Article 5 of the Border Zone Regulations for the Vietnam-Laos border; and the Border Zone Regulations for the Vietnam-Cambodia border, other persons who are granted permits by the provincial Public Security Office may also reside in the border zone, including:

- Persons coming to the border zone to develop the economy according to the planning of the provincial People's Committee;

- Persons coming to the border zone to reunite with their families (such as to join parents, spouse, or children who have permanent residence registration in the border zone).

For cadres, workers, and staff members of agencies, economic establishments, social organizations, and armed forces who have collective household registration in the border zone, upon retirement or termination of employment, they may continue to reside there and register permanent residence according to current procedures.

- Persons currently residing legally in the border zone, when moving to a place outside the border zone, must cancel their permanent residence registration and register at their new place of residence, and return their border identification card to the police authority to obtain a new resident identity card at their new place of residence.

2. Persons not allowed to reside in the border zone as provided in Article 5 of the Border Zone Regulations for the Vietnam-China border, Article 6 of the Border Zone Regulations for the Vietnam-Laos border, and the Border Zone Regulations for the Vietnam-Cambodia border.

When implementing, attention should be paid to the following two cases:

- For persons who come to live and work in the border zone without registering a valid household registration and without obtaining a permit from the provincial Public Security Office, local authorities and border guard posts must conduct inspections. If they are determined not to fall under the category of persons not permitted to reside or enter the border zone, on one hand, administrative penalties shall be imposed according to Decree No. 141 dated April 25, 1991, and on the other hand, temporary residence registration shall be granted for management purposes. If they belong to the category of persons prohibited from residing in the border zone, local authorities shall compel them to leave the border zone and return to their previous place of permanent residence or a designated place of residence as decided by the competent authority.

- In cases where persons prohibited from residing in the border zone have a valid permanent residence registration, each case shall be examined and reported to the provincial Public Security Office for consideration and submission to the provincial People's Committee for a decision.

B. ENTERING AND MOVING WITHIN THE BORDER ZONE

- Entering and moving within the border zone must comply with the provisions of the Border Zone Regulations.

- For residents of adjacent communes to border communes in their own province, including adjacent communes to border communes in another province, who frequently need to cross border communes, they may use their resident identity cards.

- Persons under 15 years old entering the border zone must be accompanied by an adult, and if they have a permit, their name must be recorded on the permit.

- For civil servants and employees of state agencies outside border provinces coming to work in border areas, they must have an introduction letter from their managing agency and a permit issued by the police agency at the district level or higher where they reside. In cases where they have already arrived and are working in a border province but need to enter the border area to handle official matters, they must have an introduction letter from the agency where they are working and a permit issued by the police of the county (or province) there.

- All state officials, workers, and members of armed forces who come to the border area for personal matters shall follow the procedures applicable to all citizens.

- Officials and employees of state agencies, economic units, social organizations, and soldiers, workers in the armed forces who are working outside the border area and frequently visit their families residing legally in the border area may use their national identity card or military identification card for travel. If they do not frequently visit their families, they must have a confirmation letter from the local authority or the unit managing them that their family resides in the border area.

C. REGARDING FOREIGNERS AND NON-NATIONALS

Foreigners entering and leaving must comply with the regulations set forth in the Border Area Regulations and when they enter the border area, they must be accompanied by someone from their managing agency. The managing agency is responsible for informing the local border guard post of the purpose, content, and duration of their stay in the border area.

D. CROSSING THE BORDER AREA BY HOLDERS OF PASSPORTS, TRAVEL DOCUMENTS, OR BOUNDARY CERTIFICATES.

- Individuals holding passports, travel documents, or boundary certificates as stipulated in agreements on border regulations between our country and neighboring countries, when crossing the border area, must follow designated routes through open border gates for bilateral or international exchanges as prescribed by the Government and be subject to inspection and control by border guards and local authorities.

- In cases where individuals entering or transiting through border gate areas remain in the vicinity, they must stay in designated locations and be subject to supervision by the border guard post and local authorities.

III. MANAGEMENT AND PROTECTION OF THE BORDER AREA

1- Implement Article 15 of the Border Area Regulations of Vietnam-China; Vietnam-Laos; and Article 17 of the Border Area Regulations of Vietnam-Cambodia. The commander of the Border Guard Force of the province assists the Provincial Public Security Director in advising the People's Committee of border provinces to organize fixed joint inspection stations or mobile joint inspection teams based on local conditions, after coordinating with the Ministry of Interior and the Central Market Management Board. These decisions must clearly define the tasks, powers, organization, and composition of these joint inspection stations or teams, ensuring strict organization and clear assignment of command (with authorization from the Provincial People's Committee). Members of the station or team must wear inspection armbands, wear uniforms as prescribed, and perform their duties according to their specialized functions.

2- The commander of the Border Guard Force of each province, based on specific local conditions, organizes fixed inspection stations and, if necessary, mobile patrol teams to control entry and exit from the border area according to unified directives from the Provincial Public Security Director.

3- When there are complex situations regarding security and public order or the threat of contagious diseases spreading, the border guard post commander has the authority to temporarily restrict or suspend entry and exit in the border area, while reporting urgently to the immediate superior and the Provincial People's Committee. Such restrictions take effect immediately. If the situation affects both sides of the border, the border guard post commander must inform the opposite border guard post commander of the neighboring country to request restrictions or suspension of border crossings. If the incident occurs at an international border gate, the Provincial People's Committee must promptly report to the Government for decision-making.

Once the complex situation no longer exists, the Provincial People's Committee will issue a notice to return all activities to normal.

4- Filming, photographing, recording, and sketching scenes in the border area shall be carried out in accordance with Articles 19 of the Border Area Regulations of Vietnam-China; Article 20 of the Border Area Regulations of Vietnam-Laos; and Vietnam-Cambodia. If filming, photographing, or recording is conducted from the air, after obtaining permission from the competent authority, the permit holder must notify the provincial border guard commander concerned in advance so that the border guard posts along the border can be informed before implementation.

For filming, photographing, and recording by civilians in the border area for celebratory or festival purposes, only a report to the local government and the border guard post is required.

IV. IMPLEMENTATION

1- Based on Decree No. 289-HĐBT dated August 10, 1992, issued by the Council of Ministers on Border Area Regulations and this Circular, the Provincial Public Security Director advises the Provincial People's Committee to coordinate with the Ministry of Interior to survey and inspect the border, border zone, restricted areas, determine the positions of inspection stations, arrange population distribution, production areas, market opening points, and anchorage points for ships, in close integration of security, defense, and economic development, in compliance with national laws and border agreements signed with neighboring countries.

2- The Provincial Public Security Director assists the Provincial People's Committee in supervising and guiding relevant functional forces to manage and protect the border of their province in accordance with the Border Area Regulations and this Circular, and reports the results to higher authorities.

3- The Provincial Public Security Director directs the Border Guard Commander to develop a budget plan to implement this Regulation and requests the Provincial People's Committee to resolve it.

4- State agencies, economic and social organizations, people's mass organizations have the responsibility, and every citizen has the obligation to implement the Border Zone Regulations, build and protect the national border, while creating all favorable conditions to assist and support the Border Guard Force and other border protection forces in fulfilling their tasks of protecting the national border of the country.

5- The General Departments, Border Guard Command shall, within their functions, be responsible for guiding and directing the police at all levels to advise local authorities in organizing the implementation of state regulations on borders, and regularly report results to the Ministry.

6- The Ministry of Home Affairs assigns the Border Guard Command to assist the Ministry in overseeing, urging, and inspecting the implementation of this Circular. Commanders of Border Guard Forces at all levels must proactively coordinate with relevant sectors to assist the Director of Public Security in advising the People's Committee to issue decisions within their authority to enhance comprehensive strength, build a strong and stable border politically, contributing to economic and cultural-social development and security-defense.

During the implementation of the Border Zone Regulations and this Circular, if there are any issues that need to be supplemented or amended to be consistent with actual circumstances, they should be promptly reported to the Ministry of Home Affairs (through the Border Guard Command) for consideration and decision.