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NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 06/2003/QH11
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Hanoi, June 17, 2003
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National border of the Socialist Republic of
Vietnam is sacred and imprescriptible. Constructing, supervising and protecting
the national border play a particularly vital role to the territorial integrity
and national sovereignty; contribute towards stabilizing politics, enhancing
socioeconomic development and strengthening national border defense and
security.
In order to enhance state management on
national border; and develop peaceful, friendly and long-lasting borders with
neighboring countries;
Pursuant to Constitution of the Socialist
Republic of Vietnam in 1992 and amendments thereto in Resolution No.
51/2001/QH10 dated December 25, 2001 in the 10th session of the 10th
National Assembly;
This Law prescribing national border.
Chapter 1:
GENERAL PROVISIONS
Article 1
National border of the Socialist Republic of
Vietnam refers to vertical lines and planes determined by such lines which are
based on to determine boundary of land territory, island and archipelago
territories, including Hoang Sa and Truong Sa archipelagoes, territorial
waters, underground and airspace of the Socialist Republic of Vietnam.
Article 2
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Legal regimes and regulations on management and
defense of contiguous zone and exclusive economic zone of the Socialist
Republic of Vietnam stipulated by the law of Vietnam is in accordance with the
UN Convention on the Law of the Sea in 1982 and other international agreements
to which Vietnam is a signatory.
Article 3
Organizations and individuals are responsible
for implementation of this Law and other relevant law provisions; in case an
international agreement to which Vietnam is a signatory specifies otherwise,
such international agreement shall prevail.
Article 4
In this Law, terms below are construed as
follows:
1. “Baseline” refers
to dashed lines connecting chosen points locating at the lowest water level
along the shoreline and islands close to shore which is determined and
publicized by Government of the Socialist Republic of Vietnam.
2. “Contiguous zone”
refers to the waters directly adjoining the outside of the territorial sea
which extends 12 nautical miles.
3. “Exclusive economic
zone” refers to the waters directly adjoining the outside of territorial
sea and connecting with the territorial sea to form an area of waters
stretching 200 nautical miles from the baseline, unless otherwise specified by
international agreements between the Socialist Republic of Vietnam and other
relevant countries.
4. “Continental shelf”
refers to the bottom of the ocean and sub-soil included in natural extension of
the continent beyond the territorial sea to the outer margin of the continent
of which Vietnam is a coastal country reserving sovereign rights and
jurisdiction identified according to the UN Convention on the Law of the Sea in
1982, unless otherwise specified by the Socialist Republic of Vietnam and other
relevant countries.
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6. “Border
constructions” refer to constructions reinforcing the national borderline
and construction serving the management and defense of national border.
7. “Border checkpoint”
refers to where entry, exit, transit, import, export and crossing of national
borders including border checkpoints on road, railway, internal waters, seaway
and airway.
8. “Ships” refer to
vehicles operating on or under water including ships, vessels and other
motorized and non-motorized vehicles.
9. “Innocent passage
within territorial sea” refers to foreign ships travelling within the
territorial sea of Vietnam without infringing peace, security, order,
environment and ecosystem of the Socialist Republic of Vietnam in accordance
with regulations and law of Vietnam and UN Convention on the Law of the Sea in
1982.
10. “Aircrafts” refer
to vehicles operating in the air including aeroplanes, gliders, airships and
other flying vehicles.
Article 5
1. National border is
identified by international agreements to which Vietnam is a signatory or
stipulated by regulations and law of Vietnam.
2. Land borders are defined
and designated using border marker system.
3. National border on sea is
defined and designated using coordinates on nautical charts is the boundary
beyond the territorial sea of land, islands and archipelagoes of Vietnam, and
identified according to the UN Convention on the Law of the Sea in 1982 and
international agreements between the Socialist Republic of Vietnam and relevant
countries.
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4. National border under
the ground is the vertical plane stretching downwardly from the land border and
national border at sea.
Underground border at sea refers to the vertical
plane stretching downwardly from the borderlines beyond the exclusive economic
zone and continental shelf identifying sovereign rights and jurisdiction of the
Socialist Republic of Vietnam in accordance with the UN Convention on the Law
of the Sea in 1982 and international agreements between the Socialist Republic
of Vietnam and relevant countries.
5. National border in the
air is the vertical plane stretching upward from the land border and national
border at sea.
Article 6
Border area includes:
1. Border area on land
includes communes and townlets whose partial administrative division meets the
land border;
2. Border area at sea is
determined from the national border at sea to the inclusive administrative
division of communes, wards and townlets adjoining the sea, islands and
archipelagoes;
3. Border area in the air
includes the space of 10 kilometers along the national border stretching
inwards.
Article 7
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1. Waters included within
the baseline;
2. Port waters limited by
lines connecting the furthest protruding points of regular constructions and
equipment that are vital parts of the port systems.
Article 8
Historic waters are waters whose use, due to
geographical conditions particularly important to the economy, national defense
and security of Vietnam or of Vietnam and countries sharing the same
management, utilization and use processes, is agreed upon by the Socialist
Republic of Vietnam and relevant countries by signing international agreements.
Article 9
The territorial sea of Vietnam stretches 12
nautical miles outwards from the baseline. The territorial sea of Vietnam
includes territorial sea of land, islands and archipelagoes.
Article 10
Construction, management and defense of national
border, border areas are responsibilities of the people and shall be placed
under joint management by the Government. The Government and the people shall
coordinate socioeconomic development with national defense, security and
diplomacy enhancement.
Article 11
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Article 12
The Government shall particularly prioritize
total reinforcement of the border areas; improvement of physical and mental
living conditions of inhabitants in the border areas; establishment of border
constructions and development of primary and specialized forces to satisfy
construction, management and defense requirements of national border in all
circumstances.
Article 13
Vietnamese Fatherland Front and affiliated
organizations within their tasks and powers must publicize and encourage the
people to stringently comply with regulations and law on national border;
supervise compliance with regulations and law on national border of
organizations and individuals.
Article 14
Prohibited acts:
1. Displacement or
vandalism of the border markers; falsification or deviation of the national
borderline; deviation of natural flow of rivers or streams at the border;
destruction of the border markers;
2. Disruption of social
security, order and safety in the border areas; illegal residence or
cultivation at the border areas; destruction of the border works;
3. Exhaustion of water
resources, causing flood, environmental pollution, violating natural resources
and national interest;
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5. Flying into no-fly
zones; propelling, ejecting, releasing or carrying across the national border
in the air flying vehicles, objects, substances that harm or potentially harm
national defense, security, economy or health of inhabitants, environment, air
safety and social order, safety in border areas;
6. Other acts violating
regulations and law regarding national border.
Chapter 2:
LEGAL REGIME FOR
NATIONAL BORDER AND BORDER AREAS
Article 15
1. The entry, exit,
transit, export and import across the national border shall be conducted at the
border checkpoint; the transit across the border to land territory, sea or sky
must comply with regulations and law corresponding to road, railway, internal
waters, seaway or airway; the crossing border of the inhabitants of the border
areas shall be performed at the border checkpoint or locations authorized for
cross-border transport.
2. Individuals, means of transports
and goods crossing the national border must bring legal papers and subject to
inspection and control of competent authorities as per the law.
Article 16
1. The opening of border
checkpoint and locations authorized for cross-border transport, upgrade of
border checkpoint, close of border checkpoint, determination of road, railway,
internal waters, seaway and airway for transiting shall be decided by the
Government in accordance with regulations and law of Vietnam or international
agreements to which Vietnam is a signatory.
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Article 17
1. A control area
established at each border checkpoint to facilitate inspection, control and
procedures such as entry, exit, transit, import and export of competent
authorities as per the law.
2. The Government shall
specify presiding authority to management and maintain security and order in the
vicinity of the border checkpoint.
Article 18
Foreign ships upon exercising the right of
innocent passage within the territorial sea of Vietnam must comply with
regulations and law of Vietnam and international agreements to which Vietnam is
a signatory; submarines and other submerged vehicles must resurface and erect
national flags.
Article 19
1. Foreign ships running on
nuclear power, ships carrying radioactive materials or other hazardous
substances while exercising the right of innocent passage within the
territorial sea of Vietnam must fully bring relevant documents and adopt
special precautions according to regulations and law of Vietnam and
international agreements to which Vietnam is a signatory.
2. Ships specified in
Clause 1 of this Article while conducting other activities within the
territorial sea of Vietnam must be approved by competent authorities of Vietnam
and must adopt special precautions according to regulations and law of Vietnam
and international agreements to which Vietnam is a signatory.
Article 20
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Article 21
1. In case for the purpose
of national defense, security or other particular reasons or at request of
relevant countries, individuals, means of transport and goods can be restricted
or suspended from crossing the national border including the innocent passage
within the territorial sea of Vietnam.
2. The Government is
capable of making decisions on the restriction and suspension specified in Clause
1 of this Article. The decisions on restriction or suspension must be informed
to local governments and authorities of relevant countries.
Article 22
In case of accidents or other objective reasons
requiring crossing the national border without complying with provisions set
forth under this Law and other regulations and law of Vietnam, the vehicle
operator must immediately inform the nearest agency in charge of port, national
salvage and rescue agency, aviation administration agency or other competent
agencies of Vietnam.
Article 23
Projects for constructions at border areas
relating to the national border must be planned and approved by competent
authorities; comply with regulations of the border areas and other regulations
and law upon implementation, do not hinder the management and defense of
national border.
Article 24
1. All activities relating
to the national border taking place in tourism, service, commercial areas,
economic zones of the border checkpoint and other economic zones within the border
areas must comply with regulations of the border areas.
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Chapter 3:
CONSTRUCTION, MANAGEMENT
AND DEFENSE OF NATIONAL BODER AND BORDER AREA
Article 25
The Government shall develop strategies,
planning and investment plans for construction of border area in order to
totally strengthen politics, socioeconomic conditions, national defense and
security; develop prioritize policies and assist inhabitants of the border
areas.
Article 26
On a yearly basis, ministries, ministerial
agencies, Governmental agencies, People’s Committee of provinces and
central-affiliated cities within their tasks and power shall develop plans for
construction investment of socioeconomic development projects, infrastructure
construction projects, inhabitant adjustment project in border areas and border
constructions and request the Government for approval.
Article 27
The Government shall prioritize establishment of
border constructions and border markers to enable management and defense of
national border.
Article 28
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2. The annual March 03 shall
be “All-people border defense day”.
Article 29
1. The national border,
border markers and border constructions must be stringently preserved, managed
and protected.
2. Individuals discovering
lost, damaged or displaced border markers leading to deviation of the national
borderline or damaged border constructions must immediately inform Border
Guards, local governments or the nearest agency.
Article 30
1. The restoration and
repair of the border markers must comply with regulations and law of Vietnam and
international agreements to which Vietnam is a signatory.
2. The handling of
incidents relating the national border must comply with regulations and law of
Vietnam and internal agreements to which Vietnam is a signatory.
Article 31
1. Construction, management
and defense of national border and border area are responsibilities of the
Government and the people, most importantly, the authorities and inhabitants at
the border areas and people’s armed forces.
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The Government shall develop the revolutionary,
stand-by, elite, modernized, politically strengthened and specialized Border
Guard.
Article 32
Forces protecting the national border may use
weapons, combat gears, technical equipment and specialized vehicles as per the
law.
Article 33
1. The Government shall
develop preferential policies applicable to persons directly and persons
encouraged in management and defense of the national border.
2. Individuals encouraged
to participate in defense of the national border by the competent authorities
and perished, injured or damaged in terms of health shall benefit from policies
that apply to militia and self-defense forces participating in combat and
serving combat.
3. Organizations and
individuals whose vehicles and assets are mobilized by the competent
authorities in necessary situations for defense of the national border and are
damaged shall be compensated as per the law.
Article 34
1. On a yearly basis, the
Government shall allocate reasonable budget portion to finance the
construction, management and defense of the national border.
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a) State budget;
b) Other revenues as per the law.
3. The Government shall prescribe in details the
management and use of the financing sources for the construction, management
and defense of the national border.
Chapter 4:
STATE MANAGEMENT ON
NATIONAL BORDER
Article 35
Contents of state management on national border
include:
1. Develop and direct implementation of strategy
and policies regarding the national border;
2. Promulgate and implement legislative
documents regarding national border, policies and regimes regarding
construction, management and defense of the national border;
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4. Publicize, popularize and raise awareness
regarding national border laws;
5. Decide to establish border constructions,
socioeconomic constructions in border areas;
6. Conduct research, apply science and
technology serving the construction, management and defense of the national
border;
7. Develop primary and specialized force; train
and improve expertise and operation regarding management and defense of the
national border;
8. Inspect, examine and handle complaints,
accusations and take actions against violations regarding national border;
9. Participate in international agreement on
construction, management and defense of the national border.
Article 36
1. The Government shall perform joint state
management on national border; specify tasks, powers and responsibilities for
cooperation between ministries, ministerial agencies, People’s Committees of
provinces and central-affiliated cities where the national border situated in
order to implement state management on national border.
2. Ministry of National Defense shall take
charge and cooperate with Ministry of Foreign Affairs and Ministry of Public
Security to be responsible to the Government for implementation of state management
on national border.
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Article 37
People’s Committees of all levels where the
national border situated shall perform state management on national border as
per the law.
Chapter 5:
COMMENDATION AND
SANCTIONS
Article 38
Organizations and individuals with achievements
in the construction, management and defense of the national border shall be
commented as per the law.
Article 39
Organizations and individuals violating
regulations and law on national border shall be disciplined, sanctioned or
liable to criminal prosecution on a case-by-case basis; pay any damages as per
the law.
Chapter 6:
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Article 40
This Law comes into force from January 01, 2004.
Previous provisions conflicting with this Law
are hereby annulled.
Article 41
The Government shall provide guidelines for
implementation of this Law.
This Law is approved in the 3rd
session of the 11th National Assembly of the Socialist Republic of
Vietnam in June 17, 2003.
Nguyen Van
An
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