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THE
MINISTRY OF NATIONAL DEFENSE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
179/2001/TT-BQP
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Hanoi,
January 22, 2001
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CIRCULAR
GUIDING THE IMPLEMENTATION OF THE GOVERNMENT’S DECREE No.
34/2000/ND-CP OF AUGUST 18, 2000 ON THE REGULATION ON THE LAND BORDER AREAS OF
THE SOCIALIST REPUBLIC OF VIETNAM
On August 18, 2000, the Government issued Decree
No. 34/2000/ND-CP on the Regulation on the land border areas of the Socialist
Republic of Vietnam (hereafter called Decree No. 34/CP for short), with its
Article 26 prescribing: "The Ministry of Defense shall coordinate with the
concerned ministries and branches in elaborating documents guiding the
implementation of this Decree".
After reaching agreement with the concerned ministries and branches, the
Defense Ministry hereby provides specific implementation guidance as follows:
I. THE BORDER AREAS, BORDER BELTS
AND RESTRICTED ZONES
1. Determination of the border areas, border
belts and restricted zones
a/ Border areas
The land border areas defined in Clause 1,
Article 2 of Decree No. 34/CP cover communes, wards and district townships with
their administrative boundaries adjoining the national land borderline
(hereinafter referred to as the border communes and specified in Appendix No. 1
to this Circular).
b/ Border belts
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In special cases where, due to the terrain
and/or border management and protection requirements in certain areas, there
must be prescriptions different from those at Point a, Clause 2, Article 2 of
Decree No. 34/CP, the provincial Peoples Committees shall reach agreements with
the Ministry of Defense and the Ministry of Public Security for reporting them
to the Prime Minister for decision.
c/ Restricted zones
Within the border areas or at time when it is
necessary to ensure the security, defense or economic interests, necessary or
vital places shall be determined as restricted zones. Restricted zones may be
established inside or outside the border belt of the border areas.
Restricted zones, which are under management by
particular functional branches, shall be reported by such functional branches,
after reaching agreements with the provincial Border-Guard Command, the
provincial Military Command and the provincial Police Directorate, to the
provincial Peoples Committees for subsequent submission thereof to the
Government for decision.
Restricted zones shall be managed and protected
according to the current law provisions as well as the management and
protection regulations promulgated by the restricted zone-deciding bodies.
When a restricted zone is determined, if the
inhabitants must be relocated therefrom, an advance notice must be given and
the compensation therefor must be made according to the provisions of law.
d/ Basing itself on the practical situation of
each locality, the Border-Guard Command shall assume the prime responsibility
and coordinate with the provincial Police Directorate, the provincial Military
Command, the provincial Border Committee and the functional branches in
advising the provincial Peoples Committee on reaching agreement with the
Ministry of Defense and the Ministry of Public Security on determining the
scope of "border belt" and/or "restricted zone", and report
them to the Government.
Each decision determining a "border
belt" or "restricted zone" must be made into a dossier, with
maps and boundaries thereof marked by signboards put up a field.
2. The "border area", "border
belt" and "restricted zone" signboards shall be made according
to the uniform model, of mark-200 reinforced concrete, and put up at necessary
places easy to spot. Each signboard must be inscribed with 3 lines in 3
languages: the first line is in Vietnamese, the second line in the language of
the country bordering Vietnam and the third line in English. The specifications
and size of signboards and types of letters to be inscribed thereon are
prescribed in Appendices to this Circular (not printed herein).
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a/ Resurveying the "border belts" and
"restricted zones" and the places where signboards are put up, which
have already been determined according to Decree No. 427/HDBT of December 12,
1990 of the Council of Ministers promulgating the Regulation on Vietnam-Laos
border areas, Decree No. 42/HDBT of January 29, 1992 of the Council of
Ministers promulgating the Regulation on Vietnam-Cambodia border areas and
Decree No. 99/HDBT of March 27, 1992 of the Council of Ministers promulgating
the Regulation on Vietnam-China border areas. Any provisions of the above-said
Decrees which are still consistent with Decree No. 34/CP and this Circulars
guidance shall be kept intact, while those which are inconsistent shall be
readjusted according to Decree No. 34/CP and this Circulars guidance.
b/ Those places, which were previously not
determined as "border belts" or "restricted zones" under
above-said Decrees No. 427/HDBT, 42/HDBT and 99/HDBT, shall comply with Decree
No. 34/CP and this Circulars guidance.
II. RESIDENCE, TRAVEL AND
OTHER ACTIVITIES IN THE BORDER AREAS AND BORDER BELTS
1. Residence in the border
areas:
a/ Besides persons specified at Points a and c,
Clause 1, Article 4 of Decree No. 34/CP, those who are granted by the
provincial police offices the permits to reside in the border areas specified
at Point b, Clause 1, Article 4 of Decree No. 34/CP shall include:
- Those who have come to build new economic
zones under plans and planning of the border provinces Peoples Committees;
- Those who have entered the border areas for
reunion with their families (parents, spouses or children) currently having the
permanent residence registrations in such border areas.
- Officials, workers and public employees of
agencies, economic establishments, organizations and armed force units, who
have already made collective residence registrations in the border areas, are
now retired or released from work and wish to stay and reside in such border
areas, shall have to transfer their permanent residence registrations thereto
according to the provisions of law.
Those who are lawfully residing in the border
areas (with permanent residence registrations in such border areas) and have
been granted border peoples identity cards, when moving to new places, shall
have to come to the police offices that have granted their peoples identity
cards to have them renewed and transfer their permanent residence registrations
to the new places of residence according to the provisions of law.
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In cases where they are banned from residing in
the border areas as prescribed in Clause 2, Article 4 of Decree No. 34/CP, the
border-guards shall reach agreements with police offices on advising the local
administrations to apply measures to educate, persuade and request them to
leave the border areas.
2. Leaving, entering and
conducting activities in the border areas
a/ Vietnamese citizens who leave, enter or
conduct activities in the border areas shall comply with the provisions of Article
6 of Decree No. 34/CP. Those who have no peoples identity cards must hold
papers granted by the police offices of communes, wards or district townships
where they reside, clearly stating their places of residence, purposes of
and/or reasons for entering, leaving, traveling or conducting activities in the
border areas. They shall have to produce such papers when so requested by
officers and men of the border-guards or polices of border communes, wards or
district townships, who are on duty. If they stay there overnight, they shall
have to present themselves and make temporary residence registrations with the
police offices of wards, communes or district townships where they intend to
temporarily reside strictly according to the regulations on residence
registration and management. When the temporary residence duration expires,
they shall have to leave the border areas. If they wish to continue staying
there, they shall have to come to the temporary residence registration places
to apply for the extension thereof.
b/ Foreigners who leave, enter or conduct
activities in the border areas must have papers prescribed in Article 7 of
Decree No. 34/CP, and upon arriving at places inscribed in their permits, shall
have to present themselves to the border-guard stations or local
administrations and submit to the inspection and control by the border-guards,
polices and local administrations.
When foreigners, who are members of high-level
delegations as prescribed in Clause 2, Article 7 of Decree No. 34/CP, which are
of ministerial and equivalent or higher level, arrive at the border areas, the
host agencies shall have to send their cadres to accompany the delegations and
notify the border-guards or provincial police offices at least 24 hours before
their arrival.
c/ The travel, activities and temporary
residence of people in the border areas between the two bordering countries
shall comply with the Treaty on the Border Regulation and agreements between
the two countries.
3. Entering, leaving and
activities in the border belts
a/ Only persons specified in Clause 1, Article 4
of Decree No. 34/CP shall be allowed to reside in the border belts. Those who
are not subjects specified in above-said Clause 1, Article 4, when permitted to
travel and/or conduct activities in the border belts, shall have to comply with
the provisions of Decree No. 34/CP and leave the border belts upon the expiry
of permitted duration. During their travels and/or activities in the border
belts, they shall have to submit to the inspection, control and guidance by the
border-guards.
b/ In cases where the permitted duration for
traveling or conducting activities in the border belts has expired but such
persons have not yet completed their work and therefore wish to stay there,
they shall have to register for extension of their temporary residence at the
places where they made temporary residence registration according to the
regulations and notify such to the local border-guard stations.
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Activities related to the border belts shall have
to comply with the provisions of Decree No. 34/CP as follows:
a/ Vietnamese people (except for those specified
in Clause 1, Article 4 of Decree No. 34/CP) and means, when entering the border
belts, shall have to comply with the provisions of Articles 6 and 11 of Decree
No. 34/CP and present themselves to the local border-guard stations or Peoples
Committees. If they stay overnight, they shall have to make temporary residence
registration and submit to the inspection and control by the border-guards or polices.
b/ Foreign people and means that enter the
border belts shall comply with the provisions of Articles 7 and 11 of Decree
No. 34/CP. If they are accompanied by personnel of Vietnamese agencies or
organizations, such agencies or organizations representatives shall have to
produce papers, directly present themselves to the local border-guard stations
or Peoples Committees. If they stay there overnight, they shall have to make
temporary residence registration according to the provisions of law and submit to
the inspection and control by the border-guards or polices.
5. Population planning and
activities of socio-economic development and construction of works in the
border areas
a/ The construction of population quarters,
border market places, wharves and yards for anchoring and parking by various
kinds of transport means; and the construction of traffic, irrigation and
hydroelectric power works, enterprises, agricultural and forestry farms,
stations, plantations, joint-venture economic zones, tourist and service areas
and other economic zones related to the national borderlines must be planned
with consents of the provincial Border-Guard Command, the provincial Military
Command and the provincial Police Directorate before being submitted to the
competent bodies for approval.
b/ Activities specified at Point a above shall
be conducted according to the provisions of Decree No. 34/CP, other relevant
provisions of Vietnamese laws and the treaties on border regulations which
Vietnam has signed with bordering countries.
c/ Owners of projects for construction of works
specified at Point a of this Section and related to the national borderlines
shall have to notify the border-guard stations and Peoples Committees of the
local districts of such works construction at least 7 days before the
construction commences.
III. MANAGEMENT AND
PROTECTION OF THE BORDER AREAS
1. To manage and protect social security, order
and safety and combat smuggling and trade frauds, the provincial Peoples
Committee shall propose the Prime Minister to set up fixed or mobile joint
control stations at necessary places on traffic routes linking the inland with
the border areas. Each joint control station shall be composed of border-guard,
police, customs, market control and tax forces.
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b/ At joint control stations, the border-guards
shall perform the tasks of inspecting and controlling people and transport
means entering, leaving or conducting activities in border areas; tourist,
service, commercial and border-gate economic zones and other economic zones
according to the border-guards functions and tasks prescribed by law.
c/ Officers, men and employees working at joint
control stations must wear uniforms, badges and control signboards as
prescribed for each branch.
2. The Border-Guard Command shall base itself on
the concrete situation of each locality to direct border-guard commands of the
border provinces to organize fixed checkpoints to control the entry into and
exit from the border belt or mobile patrol or control teams to control the
entry into and exit from the border areas.
3. To manage and protect the national border,
maintain security, order and safety in the border areas according to the
provisions of Clause 2, Article 19 of Decree No. 34/CP, the border-guards shall
have the right to restrict or temporarily suspend the travels across the
border-gates and activities in the border belts or the border areas according
to the provisions of the Governments Decree No. 02/1998/ND-CP of January 6,
1998 detailing the implementation of a number of articles of the Ordinance on
Border Guards, the Ministry of Defenses Circular No. 2866/1998/TT-BQP of
September 12, 1998 guiding the implementation of the Governments Decree No.
02/1998/ND-CP detailing the implementation of a number of articles of the
Ordinance on Border Guards and the international treaties on borders which
Vietnam has signed or acceded to.
4. The provincial border-guard commanders,
following the directions of the Border-Guard Command, and the provincial
Peoples Committees, coordinating with the provincial Police Directorate, shall
direct border-guard stations to coordinate with police offices of border
districts and provincial towns in inspecting the residence, travel and
activities in the border areas; regularly exchange information on security and
order situation, situation on arrival in the border areas by various subjects
and foreigners; and guide people in carrying out the declaration and
registration of temporary residence and temporary absence, and observing internal
rules of wharves and yards when they enter the border areas.
5. In the border areas, the border-guards shall
coordinate and join their efforts with other forces and functional branches in
managing and protecting national natural resources, environment and forests,
and preventing law-breaking acts.
IV. ORGANIZATION OF
IMPLEMENTATION
1. This Circular takes effect 15 days after its
signing.
2. The provincial Border-Guard Commands shall
coordinate with the provincial Justice Services in proposing the provincial
Peoples Committees to organize conferences for publicizing the contents of
Decree No. 34/CP and its guiding documents to all local authorities and
branches for thorough understanding them, and propagating and disseminating
them to the population for thorough awareness and uniform implementation
thereof.
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4. The Border-Guard Command shall assist the Ministry
of Defense in monitoring, urging and inspecting the implementation of Decree
No. 34/CP and this Circular. Annually, it shall make preliminary reviews and
report on the implementation results to the Ministry of Defense.
DEFENSE MINISTER
SENIOR LIEUTENANT GENERAL
Pham Van Tra
APPENDIX 1
LIST OF COMMUNES, WARDS AND DISTRICT TOWNSHIPS
BELONGING TO THE LAND BORDER AREA OF THE SOCIALIST REPUBLIC OF VIETNAM
(Issued together with Circular No. 179/2001/TT-BQP of January 22, 2001)
Border provinces
Border
districts
Border
communes
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I. VIETNAM-CHINA BORDER
1. Quang Ninh province
1. Mong Cai provincial town
1. Hai Son
2. Hai Yen
3. Hai Hoa
4. Ninh Duong ward
5. Ka Long ward
6. Tran Phu ward
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2. Quang Ha
8. Quang Son
9. Quang Duc
3. Binh Lieu
10. Dong Van
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12. Luc Hon
13. Dong Tam
14. Tinh Huc
15. Vo Ngai
2. Lang Son province
1. Dinh Lap
1. Bac Xa
2. Binh Xa
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2. Loc Binh
3. Tam Gia
4. Tu Mich
5. Yen Khoai
6. Mau Son
3. Cao Loc
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8. Xuat Le
9. Cao Lau
10. Loc Thanh
11. Bao Lam
12. Dong Dang township
4. Van Lang
13. Tan My
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15. Thanh Long
16. Thuy Hung
17. Trung Khanh
5. Trang Dinh
18. Dao Vien
19. Tan Minh
20. Doi Can
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3. Cao Bang province
1. Thach An
1. Duc Long
2. Quang Hoa
2. My Mung
3. Ta Lung township
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5. Cach Linh
3. Ha Lang
6. Co Ngan
7. Thi Hoa
8. Thai Duc
9. Viet Chu
10. Quang Long
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12. Ly Quoc
13. Minh Long
4. Trung Khanh
14. Dam Thuy
15. Chi Vien
16. Dinh Phong
17. Ngoc Khe
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19. Ngoc Chung
20. Lang Yen
5. Tra Linh
21. Tri Phuong
22. Xuan Noi
23. Hung Quoc
24. Quang Han
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6. Ha Quang
26. Tong Cot
27. Noi Thon
28. Cai Vien
29. Van An
30. Lung Nam
31. Keo Yen
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33. Na Xac
34. Soc Ha
7. Thong Nong
35. Vi Quang
36. Can Vien
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37. Xuan Truong
38. Khanh Xuan
39. Co Ba
40. Thuong Ha
41. Coc Pang
9. Bao Lam
42. Duc Hanh
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4. Ha Giang province
1. Meo Vac
1. Son Vi
2. Xin Cai
3. Thuong Phung
2. Dong Van
4. Dong Van
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6. Ma Le
7. Lung Tao
8. Xa Phin
9. Sung La
10. Pho Bang township
11. Pho La
12. Pho Cao
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13. Thang Mo
14. Phu Lung
15. Bach Dich
16. Na Khe
4. Quan Ba
17. Bat Dai Son
18. Nghia Thuan
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20. Tung Vai
21. Ta Van
5. Vi Xuyen
22. Minh Tan
23. Thanh Thuy
24. Thanh Duc
25. Xin Chai
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6. Hoang Su Phi
27. Then Chu Phin
28. Po Lo
29. Thang Tin
30. Ban May
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31. Nan Xin
32. Xin Man
33. Chi Ga
34. Pa Vay Su
5. Lao Cai province
1. Bac Ha
1. San Chai
2. Xi Ma Cai
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2. Muong Khuong
4. Ta Gia Khau
5. Din Chin
6. Pha Long
7. Ta Ngai Cho
8. Tung Trung Pho
9. Muong Khuong
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11. Lung Vai
12. Ban Lau
3. Bao Thang
13. Ban Phiet
4. Bat Sat
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15. Ban Qua
16. Ban Vuoc
17. Coc My
18. Trinh Tuong
19. Nam Chac
20. A Mu Sung
21. Ngai Thau
22. A Lu
23. Y Ty
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5. Lao Cai provincial town
24. Lao Cai ward
25. Duyen Hai ward
26. Dong Tuyen commune
6. Lai Chau province
1. Sin Ho
1. Huoi Luong
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3. Nam Ban
2. Phong Tho
4. Ma Li Pho
5. Vang Ma Chai
6. Pa Vay Su
7. Mo Si San
8. Si Lo Lau
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10. Dao San
11. Tong Qua Lin
12. Mu Sang
13. Nam Se
14. Ban Lang
15. Sin Suoi Ho
3. Muong Te
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17. Pa Ve Su
18. Pa U
19. Ka Lang
20. Thu Lum
21. Mu Ca
II. VIETNAM-LAOS BORDER
1. Lai Chau province
1. Muong Te
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2. Muong Tong
3. Xin Thau
4. Chung Chai
2. Muong Lay
5. Muong Muon
6. Muong Pon
7. Na Hi
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9. Cha Nua
3. Dien Bien
10. Thanh Nua
11. Thanh Luong
12. Thanh Hung
13. Thanh Chan
14. Pa Thom
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16. Muong Loi
17. Muong Nha
2. Son La province
1. Song Ma
1. Muong Leo
2. Pung Banh
3. Dom Cang
4. Nam Lanh
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6. Muong Lan
7. Muong Cai
8. Chieng Khuong
9. Muong Hung
10. Muong Sai
2. Mai Son
11. Phieng Pan
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3. Yen Chau
12. Phieng Khoai
13. Chieng On
14. Chieng Tuong
15. Long Phieng
4. Moc Chau
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17. Chieng Khua
18. Xuan Nha
19. Chieng Son
3. Thanh Hoa province
1. Thuong Xuan
1. Bat Mot
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2. Yen Khuong
3. Quan Son
3. Tam Lu
4. Tam Thanh
5. Muong Min
6. Son Dien
7. Na Meo
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4. Quan Hoa
9. Hien Kiet
5. Muong Lat
10. Trung Ly
11. Pu Nhi
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13. Quang Chieu
14. Ten Tan
15. Tam Chung
4. Nghe An province
1. Que Phong
1. Thong Thu
2. Hanh Dich
3. Nam Giai
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2. Tuong Duong
5. Nhon Mai
6. Mai Son
7. Tam Hop
8. Tam Quang
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9. My Ly
10. Bac Ly
11. Keng Du
12. Na Loi
13. Dooc May
14. Nam Can
15. Ta Ca
16. Muong Tip
17. Muong Ai
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19. Nam Can
4. Con Cuong
20. Chau Khe
21. Mon Son
5. Anh Son
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6. Thanh Chuong
23. Hanh Lam
24. Thanh Hung
25. Thanh Thinh
26. Thanh Thuy
5. Ha Tinh province
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1. Son Hong
2. Son Kim
2. Huong Khe
3. Vu Quang
4. Hoa Hai
5. Phu Gia
6. Huong Lam
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8. Huong Vinh
6. Quang Binh province
1. Tuyen Hoa
1. Thanh Hoa
2. Minh Hoa
2. Dan Hoa
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4. Hoa Son
3. Bo Trach
5. Thuong Trach
4. Quang Ninh
6. Truong Son
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5. Le Thuy
7. Ngan Thuy
8. Kim Thuy
7. Quang Tri province
1. Dak Rong
1. A Bung
2. A Ngo
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4. Pa Nang
2. Huong Hoa
5. Huong Lap
6. Huong Phung
7. Lao Bao township
8. Tan Long
9. Tan Thanh
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11. Thanh
12. A Xing
13. A Tuc
14. Xi
15. Pa Tang
16. A Doi
8. Thu Thien-Hue province
1. A Luoi
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2. Hong Van
3. Hong Trung
4. Hong Bac
5. Xa Nham
6. Hong Thai
7. Hong Thuong
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9. Dong Son
10. A Dot
11. A Roang
12. Huong Nguyen
9. Quang Nam province
1. Hien
1. A Tieng
2. BHa Le
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4. Lang
5. Tr" Hy
6. A Xan
7. Ch" Om
8. Ga Ri
2. Nam Giang
9. La EE
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11. Dak Pre
12. Dak Pring
10. Kon Tum province
1. Dak Glei
1. Dak Blo
2. Dak Nhoong
3. Dak Long
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2. Ngoc Hoi
4. Dak Duc
5. Dak Nong
6. Dak Su
7. Bo Y
III. VIETNAM - CAMBODIA BORDER
1. Kon Tum province
1. Ngoc Hoi
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2. Sa Thay
2. Mo Rai
3. Ro Coi
2. Gia Lai province
1. Ia Grai
1. Ia O
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2. Duc Co
3. Ia Dom
4. Ia Nan
5. Ia PNon
3. Chu Prong
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7. Ia Mor
3. Dac Lac province
1. Ea Sup
1. Ya To Mot
2. Ea Bung
3. Ya Lop
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4. Krong Na
3. Cu Jut
5. Ea Po
4. Dak Mil
6. Dak Lao
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8. Thuan Hanh
5. Dac Rlap
9. Quang Truc
10. Dak Buk So
4. Binh Phuoc province
1. Loc Ninh
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2. Loc Thien
3. Loc Tan
4. Loc Hoa
5. Loc An
6. Tan Thanh
7. Tan Tien
8. Thanh Hoa
9. Thien Hung
10. Hung Phuoc
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2. Phuoc Long
11. Dak O
12. Bu Gia Map
5. Tay Ninh province
1. Tan Chau
1. Tan Hoa
2. Tan Dong
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4. Suoi Ngo
2. Tan Bien
5. Tan Lap
6. Tan Binh
7. Hoa Hiep
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8. Phuoc Vinh
9. Hoa Thanh
10. Hoa Hoi
11. Thanh Long
12. Ninh Dien
13. Bien Gioi
4. Ben Cau
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15. Long Khanh
16. Long Thuan
17. Loi Thuan
18. Tien Thuan
5. Trang Bang
19. Phuoc Chi
20. Binh Thanh
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6. Long An province
1. Duc Hue
1. My Quy Dong
2. My Quy Tay
3. My Thanh Tay
4. Binh Hoa Hung
2. Thanh Hoa
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6. Tan Hiep
3. Moc Hoa
7. Binh Thanh
8. Binh Hoa Tay
9. Thanh Tri
10. Binh Hiep
11. Binh Tan
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4. Vinh Hung
12. Tuyen Binh
13. Thai Binh Trung
14. Thai Tri
15. Hung Dien A
16. Khanh Hung
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17. Hung Ha
18. Hung Dien B
19. Hung Dien
7. Dong Thap province
1. Tan Hong
1. Thong Binh
2. Tan Hoi Co
3. Binh Phu
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2. Hong Ngu
4. Binh Thanh
5. Tan Hoi
6. Thuong Thoi Hau B
7. Thuong Thoi Hau A
8. Thuong Phuoc I
8. An Giang province
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1. Vinh Xuong
2. Phu Loc
2. An Phu
3. Phu Huu
4. Quoc Thai
5. Khanh An
6. Khanh Binh
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8. Phu Hoi
9. Vinh Hoi Dong
3. Chau Doc provincial town
10. Vinh Nguon
11. Vinh Te
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12. Nhon Hung
13 An Phu
14. Xuan To
15. An Nong
5. Tri Ton
16. Lac Quoi
17. Vinh Gia
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9. Kien Giang province
1. Kien Luong
1. Vinh Dieu
2. Tan Khanh Hoa
3. Phu My
2. Ha Tien provincial town
4. My Duc
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TOTAL:
+ 6 provinces at the Vietnam-China border
32 border districts
159 border communes and wards (150 communes, 6
wards and 3 townships)
+ 10 provinces at the Vietnam-Laos border
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140 border communes and wards (139 communes, 1
township)
Muong Te district borders on two countries
+ 9 provinces at the Vietnam-Cambodia border
30 border districts
101 border communes and wards (100 communes, 1
ward)
Ngoc Hoi district borders on two countries
Total: 25 land border provinces
Total: 93 land border districts
Total: 400 border communes, wards and
townships
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