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THE MINISTRY OF
NATIONAL DEFENSE
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 43/2015/TT-BQP
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Hanoi, May 28,
2015
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CIRCULAR
GUIDING
A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 34/2014/ND- CP OF APRIL 29,
2014, PROMULGATING THE REGULATION ON LAND BORDER AREAS OF THE SOCIALIST
REPUBLIC OF VIETNAM
Pursuant to the Government's Decree No.
34/2014/ND-CP, promulgating the Regulation on land border areas of the
Socialist Republic of Vietnam;
Pursuant to the Government’s Decree
No.35/2013/ND-CP of April 22, 2013, defining the functions, tasks, powers and
organizational structure of the Ministry of National Defense;
At the proposal of the High Commander of the
Border Guard;
The Minister of National Defense promulgates the
Circular guiding a number of articles of the Government's Decree No.
34/2014/ND-CP of April 29, 2014, promulgating the Regulation on land border
areas of the Socialist Republic of Vietnam.
Chapter I
GENERAL PROVISIONS
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1. This Circular guides a number of articles of the
Government’s Decree No. 34/2014/ ND-CP of April 29, 2014, promulgating the
Regulation on land border areas of the Socialist Republic of Vietnam (below
referred to as Decree No. 34/2014/ND-CP).
2. This Circular applies to Vietnamese and foreign
agencies, organizations and individuals operating in land border areas of the
Socialist Republic of Vietnam (below referred to as land border areas).
Article 2. Border areas
Land border areas are defined in Clause I, Article
3 of Decree No. 34/2014/ND-CP. In case the National Assembly Standing Committee
decides to adjust the administrative boundaries of communes, wards or
townships, the chairpersons of the People’s Committees of border provinces
shall, pursuant to Clause 1, Article 3 of Decree No. 34/2014/ND-CP, sum up and
report to the Ministry of National Defense for proposing the Government to add
them to, or remove them from, the list of border communes, wards and townships
provided in the Appendix to Decree No. 34/2014/ND-CP.
Article 3. Border belts
1. Competence to determine border belts
a/ The People’s Committees of border provinces
shall determine border belts having width of between 100m and 1,000m after
consulting in writing the Ministry of National Defense, the Ministry of Public
Security and the Ministry of Foreign Affairs, and obtaining approval of the
provincial People’s Councils.
b/ In case due to terrain conditions, determination
of border belts having width of under 100m or over 1,000m is required, the
People’s Committees of border provinces shall propose the provincial People’s
Councils to approve such and report thereon to the Prime Minister for decision.
2. The width of border belts shall be determined
appropriately based on national defense, security, social order and safety and
socio-economic situations and terrain conditions; and in areas having border
gates, border markets or border-gate economic zones, be based on socio-economic
development, and project and work construction requirements in order not to
affect border building, management and protection, maintenance of security,
social order and safety in border areas and circulation on both sides of the
border.
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1. When determining restricted zones, functional
sectors in a province shall reach agreement with the provincial-level Military
Command, Border Guard Command and Public Security Department for determination
and formulation of internal regulations on management of restricted zones, and
report them to the People’s Committee of the border province for decision after
they are approved by the provincial People’s Council.
2. For defense works, the Commander of Military
Zone shall direct functional agencies to coordinate with the provincial-level
Military Command and Border-Guard Command in clearly defining the nature of
works requiring restricted zones, and sum up and report them to the Commander
of Military Zone for submission to the Minister of National Defense for
consideration and decision.
3. For border works, the High Commander of the
Border Guard shall direct the provincial Border Guard Command and functional
agencies to coordinate with the provincial Military Command in clearly defining
the nature of works requiring the restricted zones, sum up and report them to
the High Commander of the Border-Guard for submission to the Minister of
National Defense for consideration and decision.
4. After a decision determining restricted zones is
issued, the agency competent to manage these zones shall formulate internal
regulations and organize strict protection and management of the zones as
prescribed by law.
Article 5. Model signs and
positions for sign placing
1. The signs “khu vuc bien gioi” (border area),
“vanh dai bien gioi” (border belt) and “vung cam” (restricted zone) shall be
uniformly made of corrugated iron 1,5mm thick, with posts being of steel tube
of 100 mm in diameter and 2mm thick; the signs’ surface and inscriptions must
be retroreflective; the signs’ background must be painted blue and
inscriptions, white, and the signs’ retroreflective posts, while and red;
inscriptions on the signs must be written in three lines: The first line in
Vietnamese, the second line in the language of the opposite country, and the
third line in English. The sizes of the signs and characters thereon must
comply with Form Nos.l thru 12 provided in the Appendix to this Circular (not
translated).
2. The sign “khu vuc bien gioi” shall be placed in
adjacent areas between border communes, wards or townships and inland communes,
wards or townships in easy-to-notice places by traffic axes (land road,
railroad, riverway) leading to border areas.
3. The sign “vanh dai bien gioi”:
a/ In border areas with mountains and forests which
are difficult to access, the sign “vanh dai bien gioi” shall be placed at the
right of traffic axes towards the border.
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c/ The sign “vanh dai bien gioi” shall not be
placed along traffic axes from the inland to border gates, but on both sides of
the boundaries of the border gates.
4. Based on the terrains and characteristics of
each restricted zone, the sign “vung cam” shall be placed at suitable and
easy-to-notice places.
Chapter II
MANAGEMENT OF ACTIVITIES
OF PEOPLE AND VEHICLES IN BORDER AREAS
Article 6. Entry into
border areas
1. For Vietnamese citizens
a/ Vietnamese citizens (other than border
inhabitants) entering an border area are required:
- To have personal identity papers as prescribed by
law;
- To produce papers at the request of competent
agencies;
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- To leave the border area upon expiry of their
stay.
- To apply for extension of their stay at places of
their previous registration, if they wish to stay beyond the registered
duration.
b/ Vietnamese citizens (other than those defined in
Clause 1, Article 5 of Decree No. 34/20I4/ND-CP) entering a border belt are
required to have their personal identity papers as prescribed by law, and send
a written notice, made according to Form No. 13 provided in the Appendix to
this Circular, to the local border guard post or commune-level People’s
Committee. In case of staying overnight in the border belt, they shall register
their stays at the commune- level public security office in accordance with
law; the commune-level public security office shall send a notice, made
according to Form No. 14 provided in the Appendix to this Circular, to the
local border guard post for coordinated monitoring and management.
c/ People and vehicles operating in a border area
are required to have personal identity papers, documents related to the
vehicles and specialized operation licenses granted by competent agencies, and
at the same time are subject to the inspection and supervision by the local
border guard post, commune-level public security office and specialized
management forces as prescribed by law.
d/ A non-resident entering a border area for a
special reason such as death or illness of his/ her parent, spouse or child,
shall, in addition to personal identity papers, acquire a permit of the
commune-level public security office of the locality of his/her residence, and
concurrently report on the duration of his/her stay in the border area to the
local border guard post or commune- level public security office; in case of
staying overnight or entering a border belt, such must be approved by the local
border guard post.
2. For foreigners
a/ A foreigner permanently or temporarily residing
in Vietnam who enters a border area must have a permit granted by the
Immigration Management Department of the Ministry of Public Security or the
director of the provincial-level Public Security Department of the locality
where he/she permanently or temporarily resides or by the director of Public
Security Department of the border province of his/her destination; in case the
foreigner stays overnight in the border area, the manager or administrator of
his/her accommodation establishment shall declare his/her temporary stay with
the commune-level public security office in accordance with law; the
commune-level public security office shall concurrently send a notice made
according to Form No. 14 provided in the Appendix to this Circular to the local
border guard post for coordinated management; in case of entering a border
belt, such must be approved, inspected and supervised by the local border guard
post.
b/ Border inhabitants of neighboring countries
entering a border area must possess adequate papers as required by the
regulations on management of borders between two countries; and shall strictly
comply with regulations regarding the duration, scope, reasons and purposes of
their activities; in case of staying overnight, they shall register their stay
in accordance with Vietnamese law and leave the border area upon the expiry of
their permitted duration. Stay beyond the permitted duration must be approved
by the local border guard post or commune- level People s Committee.
3. Activities of Vietnamese and foreign individuals
and vehicles in tourist sites, service zones, industrial parks, export
processing zones, economic zones and border gate areas in border areas must
comply with the provisions of law on such zones and relevant laws.
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4. Vietnamese agencies or organizations taking or
inviting foreigners under Points b and c. Clause 2, Article 6 of Decree No.
34/2014/ND-CP to a border area shall send a notice made according to Form No.
15 provide in the Appendix to this Circular to the provincial-level Public
Security Department and Border Guard Command of the locality of their
destination.
Article 7. Construction of
projects and works in border areas
1. Agencies, organizations and individuals
deploying projects or works, or conducting resource and minerals surveys,
explorations or exploitations approved by competent agencies in border areas
shall manage their personnel and vehicles, maintain security, social order and
safety during their activities in border areas; concurrently send a notice made
according to Form No. 16 provided in the Appendix to this Circular to local
border guard posts and local administrations for coordinated management.
2. Upon construction of projects or works in border
areas, the local construction state management agency and investors must comply
with Article 8 of Decree No. 34/2014/ND-CP, and concurrently strictly observe
the regulations on management of borders between two countries; and shall not
affect border facilities and signs for recognition of national border lines and
border markers.
3. The Planning and Investment Department of the
Ministry of National Defense shall assume the prime responsibility for, and
coordinate with the Operations Department of the General Staff, the External
Relations Department of the Ministry of National Defense, provincial-level
Military Commands and Border Guard Commands (of localities where exist
construction projects or works) in, making sum-up reports to the Ministry of National
Defense for replying in writing to agencies consulting on the construction of
projects and works in border areas in accordance with Decree No. 34/2014/ND-CP;
send annual reports to the Ministry of National Defense on matters related to
the construction of projects and works in border areas.
4. Border guard posts shall guide related
organizations and individuals in recognizing signs of national border lines,
scopes of border belts and restricted zones and disseminate such matters as
well as regulations related to the management and protection of national
borders and their responsibilities and obligations when operating in border
areas.
Article 8. Suspension of
activities in border areas
1. Provincial-level border guard commanders and
heads of border guard posts are competent to suspend activities in border areas
under Article 10 of Decree No. 34/2014/ND-CP.
If the heads are absent, their authorized deputies
may issue suspension decisions and shall take responsibility before law and
their heads for such decisions.
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a/ The nature and severity of the situation in the
border comparing them with the provisions of Clause 1, Article 10 of Decree No.
34/2014/ND-CP for consideration and decision. In case of inadequate elements
and necessary conditions for issuance of a suspension decision, they shall
investigate, verify and study the specific situation and issue a decision in
strict accordance with law;
b/ Possible consequences of the issuance of the
suspension decision on activities of agencies, organizations and people in
border areas, in order to make appropriate decisions; c/ The time and scope of
suspension of activities on maps and in the field.
3. Implementation of suspension:
a/ Issuing a suspension decision made according to
Form No. 17 provided in the Appendix to this Circular;
b/ Making a notice according to Clauses 3 and 4,
Article 10 of Decree No. 34/2014/ND- CP according to Forms No. 18 and 19
provided in the Appendix to this Circular;
c/ Directing, closely monitoring the situation in
the suspension areas in order to guide everyone in implementation, and in
settling and handling arising circumstances in accordance with law;
d/ In case of extending the suspension, the
provincial-level border guard commander shall propose the provincial People’s
Committee to issue a decisions to extend the suspension, according to Form No.
20 provided in the Appendix to this Circular and organize its implementation.
4. Completion of implementation of a suspension
decision and suspension extension decision
The person issuing the suspension decisions shall:
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b/ Participate in remedying the consequences of the
suspension decision and suspension extension decision (if any);
c/ Assess the impacts of the suspension and make
sum-up report to competent authorities as prescribed by law.
Chapter III
RESPONSIBILITIES TO
BUILD, MANAGE AND PROTECT BORDER AREAS
Article 9. Responsibilities
of the High Commander of the Border Guard To direct the Border-Guard Commands
of land border provinces:
1. To assume the prime responsibility for, and
coordinate with related agencies in, advising the provincial-level People’s
Committees on planning of population, border market places, landing and mooring
areas for water transport means, yards for land and railway vehicles; building
civil works in border areas in accordance with Decree No. 34/2014/ND-CP and
this Circular.
2. To annually make statistics of foreigners and
foreign vehicles entering border areas and border belts; and matters and cases
of violation and violators of regulations on border areas, thereby work out
plans and measures for proper organization, management and protection of border
areas.
3. To organize mobile patrol and control teams to
examine and control entries into, exits from, and activities in, border areas
and border belts; to guide foreigners to enter border areas in accordance with
law.
4. To assume the prime responsibility for, and
coordinate with local public security forces and related sectors in, building,
managing and protecting the national borders, and maintaining security, social
order and safety in border areas.
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6. To coordinate with provincial-level Public
Security Departments in directing:
a/ District- and commune-level border guard posts
and public security offices to examine residents, people on entry and exit or
operating in border areas;
b/ Regular exchange of security and order
situations and foreigners entering, leaving and operating in border areas;
c/ Guidance for people to register and declare
their temporary residence, stay, temporary and absence and observe regulations
on wharves and yards when entering border areas.
7. To maintain contact with border management and
protection forces and local administrations of neighboring countries to
implement treaties on borders and territory according to their functions and
tasks prescribed by law.
8. To advise the provincial People’s Committees on
directing the monitoring and assessment of sediment deposit and washout and
erosion in border rivers and streams; to conduct surveys for embankment of
border rivers and streams, embankment for protection of national borders and
construction of infrastructure in border areas and report thereon to competent
authorities for decision.
Article 10.
Responsibilities of People’s Committees of border provinces
1. To direct functional sectors in their provinces
to coordinate with the Border Guard in surveying and scrutinizing the scope of
border belts and restricted zones; and materials and positions of signs in
accordance with Decree No. 34/2014/ND-CP and this Circular for appropriate
adjustment.
2. To direct functional agencies, departments,
sectors and mass organizations to coordinate with the Border Guard in building
border areas strong in terms of politics, economics, defense and security.
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4. To direct local departments, sectors, mass
organizations and functional forces to coordinate with the Border Guard in
building, managing and protecting the national borders and border markers, in
preventing and combating crimes, maintaining security, social order and safety
in border areas.
5. To perform the state management of national
borders, to direct the building of mass movements for border management,
protection and building.
6. To annually work out plans and report them to
the provincial People’s Councils for approval on the allocation of local
budgets for building, managing and protecting the national borders, maintaining
security and social order and safety in border areas.
Chapter IV
ORGANIZATION OF
IMPLEMENTATION
Article 11. Effect
This Circular takes effect on July 11, 2015, and
replaces the Minister of National Defense’s Circular No. 179/2001/TT-BQP of
January 22, 2001, guiding the implementation of the Government’s Decree No.
34/2000/ND-CP of August 18, 2000, promulgating the Regulation on land border
areas of the Socialist Republic of Vietnam.
Article 12. Transitional
provisions
The People’s Committees of border provinces shall
direct functional sectors to scrutinize the scope of border belts and
restricted zones; the sizes and materials and positions of signs already
determined under the Government’s Decree No. 34/2000/ND-CP of August 18, 2000,
promulgating the Regulation on land border areas of the Socialist Republic of
Vietnam; eases which still conform with Decree No. 34/2014/ND-CP shall be
retained, while those no longer conformable should be adjusted to comply with
Decree No. 34/2014/ND-CP and this Circular.
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1. Provincial-level Border Guard Commands shall
assume the prime responsibility for, and coordinate with provincial-level
Departments of Justice in, advising provincial-level People’s Committees on the
thorough study and implementation of Decree No. 34/2014/ND-CP and its guiding
documents by local authorities and sectors, propagating and widely
disseminating them to the people for unified implementation.
2. The cost estimation for border building,
management and protection must comply with Articles 16 and 17 of Decree No.
34/2014/ND-CP; the law on the state budget and the law on investment.
Annually, provincial-level Border Guard Commands
shall make local budget estimates for border building, management and
protection and send them to the finance agencies and related agencies of the
same level for summarization and reporting to provincial-level People’s
Councils and People’s Committees for decision.
3. The High Commander of the Border Guard shall
monitor, urge and inspect the implementation of Decree No. 34/2014/ND-CP and
this Circular, and annually make preliminary reviews and reports on
implementation results to the Ministry of National Defense.
4. Ministries, ministerial-level agencies, government-attached
agencies, provincial-level People’s Committees and related agencies, units,
organizations and individuals shall implement this Circular.-
MINISTER OF
NATIONAL DEFENSE GENERAL
Phung Quang Thanh