Chương I Luật Biên giới Quốc gia 2003 : Những quy định chung

Chapter 1:

GENERAL PROVISIONS

Article 1

National border of the Socialist Republic of Vietnam refers to vertical lines and planes determined by such lines which are based on to determine boundary of land territory, island and archipelago territories, including Hoang Sa and Truong Sa archipelagoes, territorial waters, underground and airspace of the Socialist Republic of Vietnam.

Article 2

This Law provides for the national border; legal regime for national border; construction, management and defense of national border and border areas.

Legal regimes and regulations on management and defense of contiguous zone and exclusive economic zone of the Socialist Republic of Vietnam stipulated by the law of Vietnam is in accordance with the UN Convention on the Law of the Sea in 1982 and other international agreements to which Vietnam is a signatory.

Article 3

Organizations and individuals are responsible for implementation of this Law and other relevant law provisions; in case an international agreement to which Vietnam is a signatory specifies otherwise, such international agreement shall prevail.

Article 4

In this Law, terms below are construed as follows:

1. “Baseline” refers to dashed lines connecting chosen points locating at the lowest water level along the shoreline and islands close to shore which is determined and publicized by Government of the Socialist Republic of Vietnam.

2. “Contiguous zone” refers to the waters directly adjoining the outside of the territorial sea which extends 12 nautical miles.

3. “Exclusive economic zone” refers to the waters directly adjoining the outside of territorial sea and connecting with the territorial sea to form an area of waters stretching 200 nautical miles from the baseline, unless otherwise specified by international agreements between the Socialist Republic of Vietnam and other relevant countries.

4. “Continental shelf” refers to the bottom of the ocean and sub-soil included in natural extension of the continent beyond the territorial sea to the outer margin of the continent of which Vietnam is a coastal country reserving sovereign rights and jurisdiction identified according to the UN Convention on the Law of the Sea in 1982, unless otherwise specified by the Socialist Republic of Vietnam and other relevant countries.

5. “Border markers” refer to objects used to indicate land border.

6. “Border constructions” refer to constructions reinforcing the national borderline and construction serving the management and defense of national border.

7. “Border checkpoint” refers to where entry, exit, transit, import, export and crossing of national borders including border checkpoints on road, railway, internal waters, seaway and airway.

8. “Ships” refer to vehicles operating on or under water including ships, vessels and other motorized and non-motorized vehicles.

9. “Innocent passage within territorial sea” refers to foreign ships travelling within the territorial sea of Vietnam without infringing peace, security, order, environment and ecosystem of the Socialist Republic of Vietnam in accordance with regulations and law of Vietnam and UN Convention on the Law of the Sea in 1982.

10. “Aircrafts” refer to vehicles operating in the air including aeroplanes, gliders, airships and other flying vehicles.

Article 5

1. National border is identified by international agreements to which Vietnam is a signatory or stipulated by regulations and law of Vietnam.

2. Land borders are defined and designated using border marker system.

3. National border on sea is defined and designated using coordinates on nautical charts is the boundary beyond the territorial sea of land, islands and archipelagoes of Vietnam, and identified according to the UN Convention on the Law of the Sea in 1982 and international agreements between the Socialist Republic of Vietnam and relevant countries.

Borderlines beyond the contiguous zone, exclusive economic zone and continental shelf identify sovereign rights and jurisdiction of the Socialist Republic of Vietnam in accordance with the UN Convention on the Law of the Sea in 1982 and international agreements between the Socialist Republic of Vietnam and relevant countries.

4. National border under the ground is the vertical plane stretching downwardly from the land border and national border at sea.

Underground border at sea refers to the vertical plane stretching downwardly from the borderlines beyond the exclusive economic zone and continental shelf identifying sovereign rights and jurisdiction of the Socialist Republic of Vietnam in accordance with the UN Convention on the Law of the Sea in 1982 and international agreements between the Socialist Republic of Vietnam and relevant countries.

5. National border in the air is the vertical plane stretching upward from the land border and national border at sea.

Article 6

Border area includes:

1. Border area on land includes communes and townlets whose partial administrative division meets the land border;

2. Border area at sea is determined from the national border at sea to the inclusive administrative division of communes, wards and townlets adjoining the sea, islands and archipelagoes;

3. Border area in the air includes the space of 10 kilometers along the national border stretching inwards.

Article 7

Internal waters of Vietnam include:

1. Waters included within the baseline;

2. Port waters limited by lines connecting the furthest protruding points of regular constructions and equipment that are vital parts of the port systems.

Article 8

Historic waters are waters whose use, due to geographical conditions particularly important to the economy, national defense and security of Vietnam or of Vietnam and countries sharing the same management, utilization and use processes, is agreed upon by the Socialist Republic of Vietnam and relevant countries by signing international agreements.

Article 9

The territorial sea of Vietnam stretches 12 nautical miles outwards from the baseline. The territorial sea of Vietnam includes territorial sea of land, islands and archipelagoes.

Article 10

Construction, management and defense of national border, border areas are responsibilities of the people and shall be placed under joint management by the Government. The Government and the people shall coordinate socioeconomic development with national defense, security and diplomacy enhancement.

Article 11

The Socialist Republic of Vietnam shall develop peaceful, friendly and long-lasting borders with neighboring countries; take care of issues relating to the national border via negotiation on the basis of respect for independence, sovereignty, territorial integrity and righteous benefits of one another.

Article 12

The Government shall particularly prioritize total reinforcement of the border areas; improvement of physical and mental living conditions of inhabitants in the border areas; establishment of border constructions and development of primary and specialized forces to satisfy construction, management and defense requirements of national border in all circumstances.

Article 13

Vietnamese Fatherland Front and affiliated organizations within their tasks and powers must publicize and encourage the people to stringently comply with regulations and law on national border; supervise compliance with regulations and law on national border of organizations and individuals.

Article 14

Prohibited acts:

1. Displacement or vandalism of the border markers; falsification or deviation of the national borderline; deviation of natural flow of rivers or streams at the border; destruction of the border markers;

2. Disruption of social security, order and safety in the border areas; illegal residence or cultivation at the border areas; destruction of the border works;

3. Exhaustion of water resources, causing flood, environmental pollution, violating natural resources and national interest;

4. Illegal crossing at national border; smuggling or illegal trafficking of goods, money, weapons, drugs, dangerous substances, flammable substances or explosive substances across the national border; transport of harmful cultural products and other commodities prohibited by the Government from import or export across the national border;

5. Flying into no-fly zones; propelling, ejecting, releasing or carrying across the national border in the air flying vehicles, objects, substances that harm or potentially harm national defense, security, economy or health of inhabitants, environment, air safety and social order, safety in border areas;

6. Other acts violating regulations and law regarding national border.