Chapter I
GENERAL PROVISIONS
Article 1.- Regulation scope
This Decree details a number of articles of the Law on National Borders regarding the building, management and protection of borders, border regions and the responsibility for the State management over the national borders of the Socialist Republic of Vietnam.
Article 2.- Subjects of observance of border legislation
Vietnamese and foreign agencies, organizations and individuals, whose life or activities are related to national borders and border regions, have the responsibility to observe the provisions of the Law on National Borders, this Decree and other Vietnamese law provisions; where international agreements which Vietnam has signed or acceded to otherwise provide for, such international agreements shall apply.
Article 3.- National borders
1. The national borders of the Socialist Republic of Vietnam are lines and the vertical planes along those lines, used to determine the territorial boundaries of the mainland, islands, archipelagoes including the Paracels and the Spratlys, sea areas, underground areas and air space of the Socialist Republic of Vietnam.
2. The lines prescribed in Clause 1 of this Article cover the national borders on land and the national border on sea.
3. The vertical planes prescribed in Clause 1 of this Article comprises the vertical planes along the national land border, along the national sea border down to underground areas and up to the air space.
Article 4.- The national land borders
The national land borders between the Socialist Republic of Vietnam and the neighboring countries are determined by systems of border-markers posts, the agreements on border delimitation between Vietnam and the neighboring countries together with maps and the protocols enclosed with such agreements.
Article 5.- The national sea borders
1. The national sea borders are the outer limits of the territorial sea of the mainland, the territorial sea of islands, the territorial sea of archipelagoes of Vietnam.
At places where the territorial sea, internal waters or the historical waters of Vietnam are adjacent to the territorial seas, internal waters or the historical waters of neighboring countries, the national sea borders shall be determined according to the international agreements which Vietnam has signed with such neighboring countries.
2. The national sea borders shall be determined and marked with coordinates on sea charts under the provisions of Vietnamese laws and international agreements which Vietnam has signed or acceded to.
Article 6.- Territorial sea
1. The Vietnamese territorial sea is a sea area stretching 12 nautical miles from the baseline outwards; where the international agreements which Vietnam has signed with neighboring countries otherwise provide for, such international agreements shall apply. The Vietnamese territorial sea covers:
a) The territorial sea of the mainland;
b) The territorial sea of islands, the territorial sea of archipelagoes of Vietnam.
2. The Socialist Republic of Vietnam shall exercise her full and integral sovereignty over her territorial sea as well as air space, sea beds and underground areas under the sea beds of the territorial seas.
3. Foreign vessels passing by must not cause harm in the Vietnamese territorial sea, must not harm peace, security, order and/or ecological environment of the Socialist Republic of Vietnam as provided for by Vietnamese laws and international agreements which Vietnam has signed or acceded to.
Article 7.- The outer limits of the contiguous zone, the exclusive economic zone, the continental shelf
1. The outer limit of the contiguous zone is the line with each point being equally 24 nautical miles away from the nearest point of the baseline used to calculate the width of the territorial sea.
2. The outer limit of the exclusive economic zone is the line with each point being 200 nautical miles away from the nearest point of the baseline used to calculate the width of the territorial sea.
3. The outer limit of the continental shelf is the outer rim of the mainland edge. Where the outer rim of the mainland edge is less than 200 nautical miles away from the baseline used to calculate the width of the territorial sea, the outer limit of the continental shelf in these places shall extend to 200 nautical miles.
4. In places of the contiguous zone, the exclusive economic zone, the continental shelf of Vietnam, which are related to the contiguous zones, the exclusive economic zones and the continental shelves of neighboring countries, the outer limits of such zones are determined according to the international agreements signed between Vietnam and those neighboring countries.
5. The outer limits of contiguous zone, the exclusive economic zone or the continental shelf are determined and marked with coordinates on sea charts according to Vietnamese laws and international agreements which Vietnam has signed or acceded to.
Article 8.- Border regions
1. The scope of a land border region is calculated from the national land border to the administrative boundaries of communes, wards, district townships which have part of their administrative boundaries overlap the national land border.
2. The scope of a sea border region is calculated from the national sea border to the administrative boundaries of coastal communes, wards, district townships and islands as well as archipelagoes.
3. The lists of communes, wards, district townships in the land border regions, the sea border regions are prescribed in the Government’s decrees promulgating the Regulations on border regions; in case of changes in the administrative boundaries of the communes, wards or district townships in the border regions, they shall be amended, supplemented appropriately.
4. All activities of people and means; the management and protection of the border regions as well as the maintenance of security and social order and safety therein shall comply with the Decrees promulgating the Regulations on border regions and other relevant legal documents.
Tìm kiếm
Nghị định 140/2004/NĐ-CP Hướng dẫn Luật Biên giới quốc gia (Bản Word)
