THE PRIME MINISTER OF GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 160/2004/QD-TTg
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Hanoi,
September 6, 2004
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DECISION
ON DETERMINATION OF RESTRICTED ZONES AND
RESTRICTED PLACES
THE PRIME MINISTER
Pursuant to the Law on
Organization of the Government of December 25, 2001;
Pursuant to the Ordinance on the Protection of State Secrets of December 28,
2000;
Pursuant to the Government's Decree No. 33/2002/ND-CP of March 28, 2002
detailing the implementation of the Ordinance on the Protection of State
Secrets;
At the proposal of the Minister of Public Security,
DECIDES:
Article 1.- Restricted zones and restricted
places classified as State secrets are established for the protection,
management and strict control of activities of people and means in order to
maintain order and security and prevent and combat acts of encroaching upon,
destroying and/or collecting State secrets in, such zones and places.
Vietnamese citizens and
foreigners residing or permanently residing in Vietnam (hereinafter called
foreigners) who wish to enter restricted zones or restricted places must obtain
permission of competent agencies according to the provisions of Article 5 of
this Decision.
This Decision does not apply to
Vietnamese citizens who are permitted to permanently reside or work in
restricted zones and restricted places.
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1. Border-, air space- and sea
area-defense works.
2. Defense and public security
industrial zones; military zones and public security zones, people's army and
people's public security barracks, military airports, military ports, as well
as weapon depots of the people's army or the people's public police.
3. National strategic reserve
storehouses.
4. Political, economic, cultural
and social works and targets of special importance.
5. Border zones (excluding
provincial towns, townships and tourist sites already permitted by the
Government; cases with valid papers for exit and/or entry through land and
railway border-gates, and cases where citizens of the third countries are
entitled to exit and/or entry under the Border Regulation Agreement which
Vietnam has signed).
6. Upon the occurrence of
circumstances which seriously threaten national security or social order and
safety or in case of natural calamities or dangerous epidemics on a large
scale, seriously threatening the life, health or property of people or the
State, while the State has not yet announced the state of emergency therefor,
the Minister of Public Security or the presidents of the People's Committees of
the concerned provinces or centrally-run cities (hereinafter referred
collectively to as the provincial-level) may determine temporary restricted
zones and/or restricted places for Vietnamese citizens and foreigners.
Article 3.- Zones and places determined as
restricted zones and restricted places must be implanted with "restricted
zone" or "restricted place" signboards. "Restricted
zone" and "Restricted place" signboard patterns shall be
uniformly prescribed by the Minister of Public Security.
Article 4.- Competence to determine specific
restricted zones and/or restricted places and to decide on the implantation of
"restricted zone" or "restricted place" signboards
1. The presidents of the
provincial-level People's Committees shall determine specific restricted zones
and/or restricted places and decide on the implantation of "restricted
zone" or "restricted place" signboards in localities under their
respective management at the proposals of the directors of the provincial-level
Public Security Services.
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3. The Minister of Public
Security shall determine specific restricted zones and/or restricted places and
decide on the implantation of "restricted zone" or "restricted
place" signboards at public security units.
4. The determination of
restricted zones and restricted places within the border belts and the
Regulations on management thereof shall comply with the provisions of the
Government's Decree No. 34/2000/ND-CP of August 18, 2000 promulgating the
Regulation on the Land Border Areas of the Socialist Republic of Vietnam.
5. The Minister of Public
Security and the presidents of the provincial-level People's Committees shall
determine temporary restricted zones and/or restricted places and decide on the
implantation of "temporary restricted zone" or "temporary
restricted place" signboards mentioned in Clause 6, Article 2 of this
Decision.
Article 5.- Protection of restricted zones and
restricted places:
1. Restricted zones and
restricted places must be protected under the internal regulations on
protection thereof prescribed by the heads of the agencies or units managing
such zones or places.
2. Vietnamese citizens entering
restricted zones or restricted places must obtain permission of the heads of
the agencies or units managing such zones or places.
Foreigners entering restricted
zones or restricted places must obtain permits of the Public Security
Ministry's Exit/Entry Management Department or the directors of the
provincial-level Public Security Services. If they enter military or public
security zones, which are managed by the Ministry of Defense or the Ministry of
Public Security, they must obtain permission of the heads of the units managing
such zones.
Article 6.- The Minister of Public Security, the
Minister of Defense and the presidents of the provincial-level People's
Committees shall base themselves on their respective functions and tasks as
well as practical situation to estimate State budget funding for implementation
organization.
Article 7.- This Decision takes effect 15 days
after its publication in the Official Gazette and replaces the Prime Minister's
Decision No. 128/TTg of December 1, 1992 on determination of zones and places
implanted with "restricted zone" or "restricted place"
signboards.
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Article 9.- The ministers, the
heads of the ministerial-level agencies, the heads of the Government-attached
agencies and the presidents of the provincial/municipal People's Committees
shall have to implement this Decision.
PRIME MINISTER
Phan Van Khai