THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
02/1998/ND-CP
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Hanoi,
January 6, 1998
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DECREE
DETAILING THE
IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE ORDINANCE ON THE BORDER GUARD
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Ordinance on the Border Guard of March 28, 1997;
At the proposal of the Minister of Defense,
DECREES:
Chapter I
ORGANIZATION OF THE BORDER GUARD
Article 1.- The border guard is organized
and uniformly commanded from the central level to the grassroots units and is
placed under the management and command of the Ministry of Defense, including:
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2. The Border Guard Commands of the provinces
and cities directly under the Central Government that have borderlines and/or
coastlines (hereunder collectively referred to as the Provincial Border Guard
Commands) and the Marine Border Guard Fleets which are attached to the Border
Guard Command;
3. The border guard stations, the marine border
guard squadrons, mobile units and border guard sub-regions (if any), which are
attached to the Provincial Border Guard Commands.
Article 2.-
1. The Border Guard Command has a commander,
deputy commanders, an assisting office, schools and attached units.
The Border Guard Command shall submit to the
direct management and command of the Minister of Defense regarding the Border
Guard work and the building of the Border Guard nationwide;
2. Each Provincial Border Guard Command or
Marine Border Guard Fleet has a commander, deputy commanders, an assisting
office and attached units.
The Provincial Border Guard Commands and the
Marine Border Guard Fleets shall be under the direct command of the Border
Guard Command regarding the border guard work and the building of units;
3. Each border guard station, marine border
guard squadron, mobile unit and each border guard sub-region has a commander
and deputy commanders.
Article 3.- The organizational structure,
the official staff, equipment and concrete tasks of the Border Guard offices,
units and schools shall be defined by the Minister of Defense.
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In every Military Zone there is a Border Guard
office tasked to advise the Military Zone Commander on commanding and directing
the Border Guard to perform the military training task and using the Border
Guard for the defense and combat task in the territory of the Military Zone.
The relationship between the Border Guard
Command and the Military Zone Command as well as the Naval Command and the
relationship between the Provincial/Municipal Border Guard Commands, the Marine
Border Guard Fleets and the provincial/municipal military commands, the Navy
Zone Command shall be defined by the Ministry of Defense.
Chapter II
THE BORDER GUARD'S POWER TO DECIDE THE RESTRICTION OR
TEMPORARY CESSATION OF ACTIVITIES IN BORDER AREAS AND CROSS-BORDER TRAVEL AND THE
RELATION AND COORDINATION WITH THE BORDER PROTECTION FORCES AND LOCAL
AUTHORITIES OF THE ADJACENT COUNTRIES
Article 5.- The border guard's power to
decide the restriction or temporary cessation of activities, restriction or
temporary cessation of cross-border travel in the following cases: threat to
the sovereignty and security of the national border, enemy's infiltration or
violent riots, hunting down dangerous criminals, protection of the people's
lives and prevention of cross-border spread of epidemics, is specified as
follows:
1. The power to decide the restriction or
temporary cessation of activities in border areas:
a/ The head of the border guard station shall
have the power to decide the restriction or temporary cessation of activities directly
related to the above-mentioned cases for not more than 12 hours within the
border area under the control of such border guard station and shall have to
report it to the commander of the concerned provincial Border Guard Command
and, at the same time, inform the concerned district and commune authorities
and the agencies located in the border area.
b/ The commander of the Provincial Border Guard
Command shall have the power to decide the restriction or temporary cessation
of activities directly related to the above-mentioned cases for not more than
24 hours within the border area under the control of the province and shall
have to immediately report it to the provincial People's Committee and the
Border Guard Command.
2. The power to decide the restriction or
temporary cessation of cross-border travel:
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b/ At the main border gates which are opened
under the agreements signed between the two Governments, except for border
gates opened for a third country's citizens, the commander of the Provincial
Border Guard Command shall have the power to decide the restriction or
temporary cessation of border-cross travel for not more than 6 hours and shall
have to immediately report it to the concerned provincial People's Committee,
the Border Guard Command and inform it the border guard station and the local
authorities of the adjacent country thereof.
3. Before the expiry of the effective time of a
decision on the restriction or temporary cessation of cross-border travel
issued by the lower-level, if deeming it necessary to continue such restriction
or temporary cessation, the immediate higher level shall have to issue a
decision and inform the concerned agencies and the people thereof for
implementation and, at the same time, inform the Ministry for Foreign Affairs
thereof for coordination in settlement;
4. The competent decision-makers defined in
Clauses 1, 2 and 3 of this Article shall take responsibility before law for
their decisions. When the situation returns to normal, the level that has
issued the restriction or temporary cessation decision shall have to inform the
concerned agencies and the people thereof.
5. The restriction or temporary cessation of
activities at international border gates shall be decided by the Prime
Minister.
Article 6.- The relationship or
coordination between the Vietnamese Border Guard and the border protection
force as well as the local authorities of the adjacent country in implementing
international agreements on borders, building the borders of peace and
friendship, combating and preventing any act detrimental to the border
relations between the countries with a common borderline is specified as
follows:
1. The head of the border guard station shall be
permitted to establish relations with the adjacent country's border protection
force and the local authorities in the border area and join negotiation
delegations as designated by the competent level;
2. The commander of the Provincial Border Guard
Command shall be permitted to establish relations with the border protection
force and the authorities of the border province and take part in the
provincial-level delegations for negotiations on the national border-related
issues;
3. The commander of the Border Guard Command
shall be permitted to establish relations with the adjacent country's Border
Guard force and take part in negotiation delegations as designated by the
Minister of Defense or the Prime Minister.
Chapter III
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Article 7.- The Ministry of Defense shall
assume the prime responsibility and coordinate with the ministries and branches
in the management and protection of the national sovereignty and territorial
integrity, and national security and order on land, islands, sea and at the
border gates.
Article 8.-
1. The Ministry for Foreign Affairs shall
coordinate with the Ministry of Defense in providing guidance and training in
foreign relation activities for the Border Guard so that the latter can fulfill
its foreign relation work in border areas, settle cases involving foreigners
and implement international agreements which Vietnam has signed or acceded to;
2. The Government Continental Shelf Commission
shall have to provide guidance for the border guard on laws and international
agreements on the management and safeguarding of the national borderline and
the system of national border marks;
3. The Ministry of the Interior shall provide
guidance for the border guard to fulfill the task of safeguarding the national
security, social order and safety in the border areas.
Article 9.- The People's Committees of
various levels shall based themselves on their tasks and powers prescribed by
law and on and the Defense Ministry's direction to direct the performance of
the task of managing and safeguarding the national borders as well as building
the border guard force.
Article 10.- With regard to the issues
related to the management and safeguarding of the national border security and
order, the development of the political, cultural and social base, the planning
and building of border gates, the construction of population clusters in the
land border areas, at border gates, on islands and marine areas, and the issues
related to the building and operation of the border guard, the commander of the
Border Guard Command shall be permitted to directly work with the Ministry of
the Interior, the Ministry for Foreign Affairs, the Government Continental
Shelf Commission and the ministries and branches involved in the border guard
work, and the People's Committees of the provinces and cities directly under
the Central Government for discussion and solution and, at the same time,
report them to the Ministry of Defense.
Chapter IV
REGIME AND POLICY TOWARDS THE BORDER GUARD
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Article 12.-
1. While performing the task of managing and
protecting the border areas and islands, the border guard officers and men
shall be entitled to a border or island protection responsibility allowance,
which is 0.3 time of the minimum salary level for salaried personnel or of the
second-private rank allowance for non-commissioned officers and men;
2. Officers, professional military personnel and
defense employees and officials serving in the border guard, who have been
working in border highland areas and offshore islands for five consecutive
years or more shall be eligible for a monthly seniority allowance at three
levels: 0.2, 0.3 or 0.4 time of their minimum salary:
a/ From five to under 10 years: 0.2;
b/ From ten years to under 15 years: 0.3.
c/ 15 years or more: 0.4.
Article 13.- Border guard officers and
men who die while performing the task of safeguarding border or islands in
areas with special difficulties and hardships shall be considered for
recognition as martyrs; if wounded and losing 21% or more of their working
acity, they shall be considered for recognition as war invalids; if suffering
from diseases and losing 61% or more of their working acity, they shall be considered
as recognition as diseased soldiers in accordance with the Ordinance on
Preferential Treatment for Revolutionaries, Martyrs and Martyrs' Families, War
Invalids and Diseased Soldiers, War Resistance Activists and People with
Meritorious Contributions to the Revolution.
The Ministry of Defense shall base itself on the
nature and task of each border or island line and in consultation with the
Ministry of Labor, War Invalids and Social Affairs to determine areas where the
border guard faces special difficulties and hardships in order to strictly
implement the policy towards martyrs, war invalids and diseased soldiers in
accordance with this Article.
Article 14.- The State Institute for
Commendation and Reward shall, together with the Ministry of Defense, study and
submit to the Government the regime and forms or commendation and reward for
border guard officers and soldiers who have been involved in the border or
island protection for a long time.
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To assign the Ministry of Defense to study and
organize a border guard school for young cadets so as to meet the requirement
of the above-mentioned task.
Article 16.- Officers, professional
military personnel and defense employees and officials serving in the border
guard who bring their families to settle down in highland areas or islands
shall be assigned land by the local authorities of the place where they settle
and enjoy the subsidies like the households that come to build new economic
zones or move to islands; the local authorities of such places shall manage and
assist them in finding jobs and creating conditions for them to soon stabilize
their families' lives.
Chapter V
IMPLEMENTATION PROVISIONS
Article 17.- This Decree takes effect 15
days after its signing; the earlier provisions which are contrary to this Decree
are now annulled.
Article 18.- The Minister of Defense and
the concerned ministers shall guide the implementation of this Decree.
Article 19.- 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 cities
directly under the Central Government shall have to implement this Decree.
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