Pháp lệnh 55/1997/L-CTN

ORDINANCE

ON BORDER GUARD

In order to build a strong border guard, contributing to firmly safeguarding the sovereignty, territorial integrity and security of the national border; in order to strengthen the state management over the border guard;

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Law on Military Service Duty and the Law on the Vietnam People’s Army Officers;
Pursuant to the Resolution of the IXth National Assembly, 8th session, on the legislative program;
This Ordinance provides for the Border Guard.

Chapter I

GENERAL PROVISIONS

Article 1.- To build and defend the national border is the task of the State of the Socialist Republic of Vietnam and the obligation of the entire population.

The Border Guard is a people’s armed force of the Party, the State of the Socialist Republic of Vietnam, constitutes part of the Vietnam People’s Army, plays as a core and specializes in managing and protecting the sovereignty, territorial integrity, security and order of the national border on the land, islands and sea and at the border gates according to its tasks prescribed by law and is a member force in the defense areas of the border provinces and districts.

Article 2.- The Border Guard is placed under the leadership of the Communist Party of Vietnam, directly under the Central Military Commission (of the Communist Party of Vietnam Organization in the Army), under the supreme command of the President of the State, the unified State management of the Government and the management and command of the Ministry of Defense.

The State shall build the Border Guard into a revolutionary, regular, well-trained and step-by-step modernized force.

Article 3.- The Border Guard shall operate in accordance with the law of the Socialist Republic of Vietnam and the international agreements on the sovereignty and security of the national border on the land, islands and sea and at the border gates, which the Socialist Republic of Vietnam has signed or acceded to.

Article 4.- The State agencies, the Vietnam Fatherland Front and its member organizations, the People’s Armed Force units, economic and social organizations and all citizens shall have to build and safeguard the sovereignty and security of the national border and contribute to building a strong Border Guard.

Chapter II

TASKS AND POWERS OF THE BORDER GUARD

Article 5.- The Border Guard shall have the tasks of managing and protecting the national borderline, the system of national border markers; fighting and preventing all acts of encroaching upon the border territory, illegally crossing the border on the land and sea, illegally entering and residing in the country, stealthily exploiting natural resources and other acts of infringing upon the national sovereignty, interests, security and order, causing harms to the border environment; assuming the main responsibility and coordinating with the concerned branches and localities in managing and protecting the national border and maintaining the security and social order and safety in the border areas on the land, islands and sea and at the border gates.

Article 6.- Within the scope of its tasks and powers prescribed by law, the Border Guard shall organize the supervision of the implementation of the national border legislation of the Socialist Republic of Vietnam, the international agreements concerning the sovereignty and security in the national border on the land areas, on islands and the sea which the Socialist Republic of Vietnam has signed or acceded to; supervise the entry and exit through the border gates and border-crossing paths.

At all the international border gates (on roads, railways, waterways and airways) there shall be a force of the Ministry of the Interior and a force of the Ministry of Defense (the Border Guard) that perform the tasks according to their respective functions.

Within six months from the date this Ordinance is promulgated, the Government shall base itself on the provisions of this Ordinance and other provisions of law to issue documents detailing the assignment of responsibilities and the coordination between the Border Guard force under the Ministry of Defense and the entry and exit management force under the Ministry of the Interior in controlling the entry and exit activities at the international border gates.

Article 7.- The Border Guard shall have the task of fighting all plots and acts of the hostile forces, counter-revolutionary cliques, spies, bandits, sea pirates, rangers, and other crimes infringing upon the security and social order and safety in the border areas on the land, islands and sea.

Article 8.- The Border Guard shall coordinate with other units of the People’s Armed Forces and rely on the people in building strong defense areas in the border provinces and districts; stand ready for battle and combat against provocation of armed conflicts and wars of aggression.

Article 9.- The Border Guard shall have the task of struggling directly and in coordination with the other units of the People’s Armed Forces, the functional branches of the State, against smuggling, illegal transport of weapons, flammables, explosives, toxic substances, narcotics, debauched cultural products, commodities banned from export and import across the border on the land, islands and sea under the provisions of law.

Article 10.- The Border Guard shall have the task of disseminating the Party’s and State’s ethnicity and religion policies among the people and mobilizing them to implement these policies, taking part in the building of the political base, in the economic, social, cultural and educational development and in the building of a strong border defense of the entire people and a strong border battle array of the entire people within the national defense battle array of the entire people and the people’s security battle array at the border areas.

Article 11.- The Border Guard shall be allowed to station its mobile force in the border areas on the land, islands, sea and at the border gates; be equipped with and use security measures, means, weapons, ammunitions, military techniques and supportive instruments and erect constructions for protecting the national border according to the requirements of its task.

Article 12.- The Border Guard shall undertake criminal investigation activities in accordance with the Penal Code, the Criminal Procedure Code and the Ordinance on Organization of Criminal Investigation; handle administrative violations in accordance with the Ordinance on the Handling of Administrative Violations.

Article 13.- When fighting, hunting down or chasing criminals caught red-handed and wanted persons, preventing criminal acts, rescuing persons in distress, the Border Guard officers and soldiers shall be entitled to use information and communication facilities and transport means, including their handlers, of the State agencies, economic and social organizations and individuals; except those of foreign agencies, organizations and individuals that are entitled to enjoy privileges and immunities under the Vietnamese law. If the handler of the mobilized means loses his/her life or health while performing the task, he/she and his/her family shall enjoy the entitlement policy and regime as prescribed by the State; if the means is damaged or lost, the agency or unit that uses it must pay compensation in accordance with the provisions of law.

Article 14.- In order to ensure the national security and safety for the people’s lives, prevent the spreading of epidemics, the commander of the Border Guard shall, according to his/her powers stipulated by the Government, be entitled to impose restrictions or temporary bans on activities as well as border crossings in certain areas, except otherwise provided for by law and shall have to immediately report it to the competent level and be responsible before law for such decisions.

Article 15.- While performing its tasks prescribed by law, the Border Guard shall be entitled to:

1. Directly chase and arrest persons and means that have violated the law from the border into the inland; coordinate with the other forces in hunting down and arresting law-breaking persons who run away deep into the inland;

2. Chase and arrest persons and means that violate the law in the internal waters or territorial sea of Vietnam and have been running outside the limit of the territorial sea of Vietnam in accordance with the law of the Socialist Republic of Vietnam and international agreements which the Socialist Republic of Vietnam has signed or acceded to.

Article 16.- The Border Guard shall, as stipulated by the Government, be entitled to establish relations and coordinate with the border defense forces and local administrations of the adjoining countries in implementing the international agreements concerning the border, building a border of peace and friendship; fighting against and preventing all acts of harming the border relations between the countries with the common border and of infringing upon the sovereignty and territorial integrity of the Socialist Republic of Vietnam.

Article 17.- Apart from the case of direct combat to defend the border, the Border Guard officers and soldiers on duty shall be allowed to open fire in the following cases:

1. In order to arrest a person who has committed a crime act and is running away;

2. In order to arrest a person who has committed a crime and is running away when he/she is under escort, detention or in custody.

3. In order to protect a Border Guard officer(s) or soldier(s) or citizen(s) whose life is directly threatened by another person using a weapon of any kind.

The Border Guard officers and soldiers shall be allowed to open fire straight at the target only after having fired warning shots or used supportive instruments for preventive purpose but in vain; they must render first aid to any injured person and make a report together with the local authorities if there is any dead person.

Chapter III

ORGANIZATION OF THE BORDER GUARD

Article 18.- The organization of the Border Guard shall be stipulated by the Government.

The personnel, equipment, organization and specific tasks of the Border Guard agencies and units shall be defined by the Minister of Defense.

Article 19.- The Border Guard is composed of officers, professional armymen, non-commissioned officers, soldiers, defense workers and servants.

Article 20.- The appointment, dismissal, nomination, promotion, demotion and stripping of titles and ranks of the Border Guard shall be done as follows:

- For officers, the Law on the Officers of the Vietnam People’s Army shall apply;

2. For professional armymen, non-commissioned officers and soldiers, the Law on Military Service Duties shall apply;

3. For defense workers and servants, the provisions of the relevant law shall apply.

Article 21.- The service duty regime of the Border Guard officers, professional armymen, non-commissioned officers, soldiers, defense workers and servants shall comply with the legal documents governing the Vietnam People’s Army and other relevant legal documents.

Article 22.- The military flag, signals, ranks, badges, pennants, arm-bands, duty plates, uniform and identity cards of the officers, professional armymen, non-commissioned officers, soldiers, defense workers and servants in the Border Guard shall be stipulated by the Government at the proposal of the Minister of Defense.

Chapter IV

STATE MANAGEMENT OVER THE BORDER GUARD

Article 23.- The State management over the Border Guard shall cover the following:

1. To issue legal documents on the border guard work and the Border Guard and guide the implementation thereof.

2. To define the organizational, direction and command system for the Border Guard;

3. To define and apply the regimes and policies regarding the Border Guard;

4. To decide the budget for the border guard work and the building of the Border Guard;

5. To supervise and inspect the implementation of the legislation on the Border Guard;

6. To preliminarily review and sum up the border guard work and the building of a border defense work of the entire people.

Article 24.-

1. The Government shall exercise the unified State management over the Border Guard.

2. The Ministry of Defense shall assist the Government in exercising the State management over the building and the activities of the Border Guard; assume the main responsibility and coordinate with other Ministries, the ministerial-level agencies and agencies attached to the Government, guide and direct the People’s Committees of the provinces and the cities directly under the Central Government in the building and the activities of the Border Guard.

Article 25.-

1. The Ministries, ministerial-level agencies and agencies attached to the Government shall, within the scope of their tasks and powers, have to coordinate with the Ministry of Defense in exercising the State management over the building and safeguard of the national border and the building of the Border Guard together with the task of economic, social, cultural, educational and medical development with a view to building strong border areas.

2. The Government shall issue a regulation on the coordination between the Ministry of Defense and the Ministry of the Interior in uniformly directing and guiding the Border Guard in performing the task of protecting the security, social order and safety at the border areas.

Article 26.- The People’s Committees of the provinces and the cities directly under the Central Government shall, within the scope of their tasks and powers, have to perform the function of State management over the building and activities of the Border Guard, direct the lower-level People’s Committees, the branches and agencies at the same level in performing the tasks relating to the activities of the Border Guard and contributing to the building of the Border Guard.

Article 27.- The Vietnam Fatherland Front and its member organizations, and social organizations shall have to educate and mobilize their individual members as well as the entire people to take part together with the Border Guard in protecting the sovereignty and security of the national border; supervise the State management over the building and activities of the Border Guard as prescribed in this Ordinance.

Chapter V

REGIME AND POLICY TOWARD THE BORDER GUARD

Article 28.- The regime and policy toward the officers, professional armymen, non-commissioned officers, soldiers, defense workers and servants in the Border Guard shall comply with the legal documents governing the Vietnam People’s Army and the relevant legal documents.

Article 29.- The State shall have the following preferential regimes and policies suitable to the working characteristics and location of the Border Guard:

1. To invest in the construction of infrastructure and ensure the material and spiritual life for the officers and soldiers working at the Border Guard stations and posts and in mobile units;

2. To provide responsibility allowances for Border Guard officers and soldiers who are personally performing the task of managing and protecting the border and islands;

3. To provide allowances for Border Guard officers and soldiers who have worked for a long time in the border areas and islands;

4. To issue the regime and policy regarding the disabled, diseased and dead soldiers for the Border Guard officers and soldiers who personally protect the border and islands in especially difficult areas;

5. To issue the regime and policy on rewards for the Border Guard officers and soldiers who have engaged for a long time in protecting the border and islands;

6. To recruit young persons of ethnic minorities and families that move from elsewhere to reside in the border areas and islands for training and joining the Border Guard;

7. To issue the entitlement regime and policy for the Border Guard officers and soldiers� families residing in the border areas and islands and the entitlement policy for the Border Guard officers’ and soldiers’ families living elsewhere.

The Government shall specify the regimes and policies toward the Border Guard.

Chapter VI

REWARD AND HANDLING OF VIOLATIONS

Article 30.- The officers, professional armymen, non-commissioned officers, soldiers, defense workers and servants of the Border Guard who have made meritorious achievements in their work and combat shall be rewarded according to the common regime of the State and the Vietnam People’s Army.

The officers, professional armymen, non-commissioned officers, soldiers, defense workers and servants in the Border Guard who have violated disciplines shall be handled according to the army disciplinary rules; if they violate laws, they shall be subject to administrative sanctions or examination for penal liability, depending on the seriousness of the violation(s).

Article 31.- Any person who has made meritorious achievements in protecting the border and assisting the Border Guard shall be rewarded according to the common regulation of the State.

Any person who has committed law-breaking acts in the protection of the border, obstructed the performance of duties by the Border Guard shall be subject to administrative sanctions or examined for penal liability, depending on the nature and seriousness of the violation(s).

Chapter VII

IMPLEMENTATION PROVISIONS

Article 32.- This Ordinance takes effect from the date of its promulgation.

The earlier provisions which are contrary to this Ordinance are now annulled.

Article 33.- The Government shall detail and guide the implementation of this Ordinance.