Nghị định 34/2000/ND-CP

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.

Article 2.-

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.

Chapter II

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.

c/ Foreigners (except otherwise provided for by the international agreements which the Socialist Republic of Vietnam has signed).

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.-

1. Foreigners working at the central bodies, when entering the border areas, must have permits issued by the Ministry of Public Security; if foreigners who are temporarily residing in localities enter the border areas, they must have permits issued by the provincial-level police of their temporary residence places.

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.

Article 9.-

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).

Article 12.- Vietnamese and foreign people and means on entry or exit through border gates shall abide by the provisions of the international agreements which the Socialist Republic of Vietnam has signed as well as the current laws of the Socialist Republic of Vietnam.

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.-

1. The Government shall give uniform direction on activities of managing and protecting the national border and maintaining social security, order and safety in the border areas.

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.

Article 18.- The border guards shall take profes-sional measures, dispose their forces and means to manage and protect the national border sovereignty, maintain the security and order in the border areas. In necessary places, they shall organize fixed checkpoints to supervise the entry into and exit from the border belt; the border guards may, when necessary, on the basis of their functions and tasks, organize mobile patrol teams to control the entry into and exit from the border areas.

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.

5. Illegally crossing the national border, harboring, guiding, transporting and hiding smugglers who illegally cross the border.

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.-

1. Any agencies or organizations that violate this Decree shall be handled according to law provisions.

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.

2. Other provisions contrary to this Decree are all annulled.

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.