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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
34/2000/ND-CP
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Hanoi,
August 18, 2000
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DECREE
ON THE REGULATION ON THE LAND BORDER AREAS OF THE SOCIALIST
REPUBLIC OF VIETNAM
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
In order to enhance the management and protection of the sovereignty, security,
social order and safety in the land border areas of the Socialist Republic of
Vietnam;
At the proposal of the Minister of Defense,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- This Decree
provides for the land border areas of the Socialist Republic of Vietnam;
stipulates the activities of people and means in the border areas, including
residence, travel, production, business, investment, natural resources
prospection and exploitation, and other activities; defines the
responsibilities and powers of the administrations of different levels, various
forces and branches in the management and protection of the land border of the
Socialist Republic of Vietnam.
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1. The land border areas
of the Socialist Republic of Vietnam (hereinafter referred to as the border
areas for short) cover communes, wards and townships with their administrative
boundaries adjoining the national land borderline.
All activities in the border areas must comply
with the provisions of the Vietnamese law as well as international agreements
which the Socialist Republic of Vietnam has signed.
Where an international agreement which the
Socialist Republic of Vietnam has signed contains provisions different from
this Decree and legal documents on the national border, such provisions of the
international agreement shall apply.
2. In the border areas having the border belt,
in places where there are requirements to ensure the defense, security and
economic tasks, restricted areas may be established.
a/ The border belt is a territorial area
adjoining the national border, measured from the borderline inwards 100 meters
at the narrowest place and not exceeding 1,000 meters at the widest place,
except for special cases stipulated by the Prime Minister.
b/ The restricted area is a territorial area
lying within the border area where a number of administrative measures are applied
to restrict the residence, travel and activities of citizens.
c/ The border areas, the border belt and the
restricted areas must have signboards which are made in the uniform form and
put up in necessary places, easy to spot.
3. The specific boundaries of the border belt
and restricted areas shall be determined by the People’s Committees of the
border provinces after consulting the Ministry of Defense, the Ministry of
Public Security, the concerned branches and reporting to the Government.
Article 3.- To protect
the national border, to maintain the social security, order and safety in the
border areas is the responsibility and obligation of all agencies,
organizations, armed forces units, local administrations and citizens.
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REGULATIONS ON RESIDENCE,
TRAVEL AND ACTIVITIES IN THE BORDER AREAS
Article 4.-
1. People who may reside
in the border areas:
a/ Vietnamese citizens who have the permanent
household registration in the border areas.
b/ Those who are issued by the police offices of
the border provinces permits to reside in the border areas.
c/ Those who work for the agencies,
organizations and armed forces units that have permanent working offices in the
border areas.
2. Those who are banned from residing in the
border areas:
a/ Those who do not fall under the subjects
prescribed in Clause 1 of this Article.
b/ Those who are serving the competent
authorities’ decisions banning them from residing in the border areas.
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Article 5.- Citizens who
have permanent household registration in the border areas shall be granted
border people’s identity cards as prescribed by law.
Article 6.-
1. Vietnamese citizens,
when entering the border areas, must have people’s identity cards or papers
issued by the police of the communes, wards or townships where they reside.
2. Officers and men of the armed forces, public
employees of agencies or organizations, when entering the border areas on
personal business, must have people’s or army’s or police’s identity cards.
Where they enter the border areas on official
duty, they must have the letters of recommendation issued by the agencies or
units that directly manage them.
3. The following persons shall not be allowed to
enter the border areas:
a/ Those who have no papers prescribed in
Clauses 1 and 2 of this Article.
b/ Those against whom criminal cases are being
constituted or who are sentenced by courts to probation in their localities
(except for those who have permanent household registration in the border
areas).
Article 7.-
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The Vietnamese agencies or organizations, when
bringing foreigners into the border areas, must have adequate papers as
prescribed in this Decree and nominate their cadres to accompany these
foreigners and notify such to the provincial-level police or border guards of
the places of arrival.
Foreigners, when entering the border belt, must
have permits as prescribed in Clause 1 of this Article and report themselves to
the border guard stations or local administrations which shall notify the
border guard stations thereof.
2. Where foreigners are members of high-level
delegations entering the border areas, the Vietnamese agencies or organizations
(which have invited and worked with the delegations) shall nominate their
cadres to accompany the delegations as guides and have to notify such to the
provincial-level police offices and border guards of the places of arrival.
3. The travel, activities and temporary
residence in the Vietnamese border areas by the people living in the border
areas of the adjoining countries shall comply with the agreements on the border
regulations between Vietnam and the concerned countries.
Article 8.-
1. The border belt is
established in order to manage and control the activities of people and means;
to maintain order and security and prevent law-breaking acts.
The residence, travel, activities, production,
business, service and other activities of the people in the border belt must be
planned and tightly managed so as to actively prevent and check activities
infringing upon the sovereignty, border security and safety of the neighboring
countries.
2. Only those who fall under the subjects
prescribed in Clause 1, Article 4 of this Decree may reside, travel and operate
in the border belt; other people, when entering the border belt, must have
papers as prescribed in Article 6 of this Decree and must report themselves to
the border guard stations or the local People’s Committees which shall notify
the border guard stations thereof.
3. Those who come to report themselves to the
border guard stations or the local Peoples
Committees must clearly state the purposes, contents, duration, a list of
people and means, and scope of activities in the border belt.
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1. The restricted areas
are managed and protected under the current law provisions and internal rules
of each restricted area.
2. When the planning and plans on socio-economic
development in the border areas, which relate to the restricted areas, are
elaborated, agreement must be reached with the branches managing such
restricted areas.
In cases where the inhabitants must be relocated
from a restricted area, the regimes and policies therefor must be implemented
according to law provisions.
Article 10.- Activities
of Vietnamese and foreign people and means in the tourist, service and/or
trading areas, border-gate economic areas and other economic areas which are
opened and related to the border areas shall comply with the Government’s
regulations on these areas. If taking place in the border belt, they must
comply with the provisions of this Decree.
Article 11.-
1. If Vietnamese and
foreign people and means that satisfy all conditions for entering the border
areas or border belt wish to stay there overnight, they shall have to come to
the police offices of the communes, wards or townships or the police stations
of the places where they intend to stay to register their temporary residence
for management according to law provisions on household registration and
management.
2. Vietnamese and foreign people and means, when
operating within the border areas, must strictly abide by the provisions of
this Decree and the international border agreements which the Socialist
Republic of Vietnam has signed.
3. For those means which are to enter the border
areas, their owners must register with the border guard’s checkpoints the
number of people aboard their means, the duration, scope and content of
activity; when the means stop operating, they must be anchored or parked at the
designated ports or parking lots and abide by the internal rules of such ports
or parking lots.
4. During their stay in the border areas, all
activities of people and means must submit to the guidance, supervision and
control of the border guards, police and administrations of the localities
(except for the army and police units entering the border areas on duty by
order of the competent authorities of the Ministry of Defense or the Ministry
of Public Security).
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Article 13.- In the
border areas, the functional agencies shall coordinate with the border guards
in advising the provincial-level People’s Committees on:
1. Arranging the border population planning,
market places, ports and parking lots for means operating on border land,
rivers and streams.
2. The tourist areas, economic zones, areas for
production, exploitation and protection of forest products, minerals, fishing
and other activities related to the national borderline.
3. Building socio-economic, defense, security
and other projects related to the national borderline.
Article 14.- When
constructing traffic, irrigation and hydro-electric power projects, enterprises,
agro-forest plantations, farms, economic zones for cooperation and joint
venture with foreign countries and other construction projects in the border
areas, the managing agencies must reach agreement with the local
administrations and gather opinions of the concerned branches and border guards
before submitting these projects to the competent authorities for approval. The
managing agencies, when implementing these projects, must abide by the
agreements on the border regulations and the current law provisions.
Article 15.- The
filming, photographing or drawing of landscapes and objects in the border areas
must not be conducted in places where there are signboards prohibiting such
activities.
Chapter III
MANAGEMENT AND
PROTECTION OF THE BORDER AREAS
Article 16.-
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2. The ministries, the ministerial-level
agencies and agencies attached to the government shall, within the scope of
their tasks and powers, have to coordinate in directing and guiding the
implementation of matters which fall under their respective management and
relate to activities of managing and protecting the border areas according to
law provisions.
3. The Ministry of Defense shall direct the
forces under its command, with the border guards being the core, to coordinate
with one another in organizing the implementation of the provisions of this
Decree.
4. The local administrations of different levels
shall have to:
a/ Direct forces, departments and branches in
the localities to coordinate with one another in managing and protecting the
border, maintaining security and order in the border areas under their respective
management.
b/ Organize the mobilization of various forces
and population to participate in combating activities of infringing upon the
national sovereignty, smuggling, illegal border-crossing as well as farming and
residential land encroachment.
c/ Manage population in the border areas and
other activities according to their competence.
d/ Build infrastructures for socio-economic
development, improve the material and spiritual life of people in the border
areas.
e/ Organize law dissemination and popularization
in order to raise the people’s knowledge of the border and territory-related
laws and responsibility for taking part in managing and protecting the national
border.
Article 17.- All
citizens shall have the responsibility and obligation to protect the national
land border according to law provisions. When detecting acts of infringing upon
the national border or threatening to affect the borderline, they must
immediately report them to the nearest border guard stations or the local
People’s Committees or State agencies for notification to the border guard
stations for timely handling.
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Article 19.-
1. The armed forces units
and specialized agencies in the border areas shall, when performing their
official duties, have to abide by law provisions and the provisions in this
Decree; to coordinate with the border guards in managing and protecting the
national border.
2. The border guards shall assume the prime
responsibility and coordinate with various agencies and units in sustaining the
implementation of this Decree and advising the Ministry of Defense and local
administrations on the management and protection of the national border as well
as the maintenance of security and order in the border areas.
Article 20.- Along the
communications axes (roads, railways and river ways) linking the inland areas
with the border areas, the People’s Committees of the border provinces shall,
depending on the practical conditions, report to the Prime Minister on the
setting up of fixed or mobile checkpoints involving the border guards, police,
customs, market control and tax forces to check and control people, means and
goods entering or exiting from the border areas.
Article 21.- The
following activities are strictly forbidden in the border areas:
1. Damaging or displacing the border marker posts
and borderline marks, signboards in the border areas, border belt and
restricted areas.
2. Diverting the flow of border rivers or
streams.
3. Cross-border farming and/or residential
encroachment.
4. Firing across the border, causing explosions or
conducting slash and burn in the border belt.
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6. Illegally exploiting forest and native
products and other natural resources.
7. Smuggling and illegally transporting across
the border weapons, inflammables, explosives, noxious substances, narcotics,
harmful cultural products and goods banned from import or export.
8. Hunting endangered wild animals, fishing by
means of explosive materials, electric pulses, poisons and other harmful
activities on the border rivers and streams.
9. Discharging noxious substances causing
environmental and ecological pollution.
10. Other acts of disrupting the security and
order in the border areas.
Chapter IV
COMMENDATION AND
HANDLING OF VIOLATIONS
Article 22.-
Collectives and individuals that record achievements in the management and
protection of the national border shall be commended and/or rewarded; while
performing the border-managing and protecting obligations, if they suffer from
property loss, injury or death, they shall enjoy the regimes and policies
prescribed by the State.
Article 23.-
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2. Those who violate this Decree shall,
depending on the nature and seriousness of their violations, be disciplined,
administratively sanctioned or examined for penal liability according to law
provisions.
Chapter V
IMPLEMENTATION PROVISIONS
Article 24.-
1. This Decree takes
effect 15 days after its promulgation and replaces the following documents:
- Decree No. 427/HDBT of December 12, 1990 of
the Council of Ministers promulgating the Regulation on the Vietnam - Laos
border areas;
- Decree No. 42/HDBT of January 29, 1992 of the
Council of Ministers promulgating the Regulation on the Vietnam - Cambodia
border areas;
- Decree No. 99/HDBT of March 27, 1992 of the
Council of Ministers promulgating the Regulation on the Vietnam - China border
areas;
- Decree No. 289/HDBT of August 10, 1992 of the
Council of Ministers amending a number of articles of the Regulations on the
Vietnam - Laos, Vietnam - Cambodia and Vietnam - China border areas.
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Article 25.- Annually,
the Ministry of Defense shall coordinate with the Ministry of Finance in
elaborating a draft budget for the management and protection of the national
border and the maintenance of social security, order and safety in the land
border areas of the Socialist Republic of Vietnam, then submit it to the
Government for decision.
Article 26.- The
Ministry of Defense shall coordinate with the concerned ministries and branches
in elaborating documents guiding the implementation of this Decree.
Article 27.- The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government and the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to implement
this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai