Chương 2 Nghị định 140/2004/NĐ-CP Hướng dẫn Luật Biên giới quốc gia: Xây dựng, quản lý, bảo vệ biên giới quốc gia và khu vực biên giới

Chapter II

BUILDING, MANAGEMENT AND PROTECTION OF NATIONAL BORDERS AND BORDER REGIONS

Article 9.- Construction of border works

1. Border works shall be prioritized with investment in their construction according to plans, including works to fix the border lines and works in service of management and protection of the national borders.

2. Works to fix the national border lines shall be planned by ministries, branches, provincial/municipal People’s Committees and submitted to the Government for decision.

3. Works in service of national border management and protection activities shall be planned by the Defense Ministry and submitted to the Government for decision.

Article 10.- Border marker posts

1. The border marker posts shall be implanted according to the provisions of Vietnamese law and international agreements on borders, signed with the neighboring countries to mark the national border lines on the field and shall be preserved and protected to keep their right positions, shapes, sizes, signs, inscriptions and colors as prescribed.

2. Upon detecting or receiving reports that border marker posts are damaged, lost, wrongly located, the nearest borderguard posts must carry out necessary procedures to take measures for timely handling and at the same time notify such immediately to the border protection agencies or units of neighboring countries for settlement according to jurisdiction prescribed by the signed border agreements.

3. The re-implanting, restoration, repair and maintenance of border marker posts shall comply with the provisions of Vietnamese law and international agreements already signed with neighboring countries.

Article 11.- Socio-economic development investment in border regions

1. The investment in socio-economic development and construction in border regions shall be effected in accordance with the State’s undertaking, strategy, planning and plan for socio-economic development in each period in order to raise the material and spiritual life of people and combine the development with defense and security enhancement.

2. Annually, the concerned ministries, the ministerial-level agencies, the Government-attached agencies and the People’s Committees of the provinces or centrally-run cities having national borders shall, within the scope of their respective functions, tasks and powers, work out and submit to the Government the construction investment plans for materialization of strategies on socio-economic development and defense as well as security enhancement in the border regions.

Article 12.- Building up the grassroots political systems in the border regions

1. The grassroots political systems in the border regions must be constantly consolidated and firmly built according to the Party’s and the State’s undertakings and policies; ensure to well perform the functions of leading, managing and building the border regions and managing and protecting the national borders.

2. The contingent of grassroots officials in the border regions shall be recruited and fostered to raise their leading and managerial qualifications suitable to the requirements of socio-economic development, defense and security maintenance; priority shall be given to training and fostering ethnic minority officials and officials moving from delta regions for long-term working in border regions.

3. The Ministry of Home Affairs and the Nationality Committee shall, within their respective functions, tasks and powers, assume the prime responsibility for, and coordinate with the Defense Ministry as well as the concerned ministries and branches in, studying and proposing plans on building the grassroots political systems, training and fostering of the contingent of officials of each border region for submission to the Prime Minister for decision.

Article 13.- Population arrangement in border regions

1. The population arrangement in the border regions shall be planned in accordance with the general planning on socio-economic development, the natural conditions, nature and characteristics of each region, each ethnic group, each locality; on rational mobilization and use of labor to create material wealth and commodities in service of consumption and export and to meet the requirements of building, managing and protecting the national borders and border regions.

2. The State shall adopt proper policies for people to settle down in the border regions; encourage officials to work for a long time and people to voluntarily settle down in border regions, particularly difficulty-hit areas.

3. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with relevant ministries, branches and People’s Committees of the provinces or centrally-run cities having national borders in, studying and working out plans on population arrangement in the border regions and submitting them to the Prime Minister for decision.

Article 14.- The Entire-Population Borderguard Day

1. March 3 every year is taken as the Entire-Population Borderguard Day for annual observation nationwide. Contents of activities shall cover:

a) Education in the legislation on national borders, the respect for borders and territorial sovereignty, the sense of responsibility of all levels, branches, officials and employees of agencies and organizations, armed force officers and combatants and of the entire population; particularly officials and employees of agencies and organizations, armed force officers and combatants, administrations and people in the border regions in building, managing and protecting the national borders, border regions.

b) Mobilization of branches and localities to turn to the borders, to actively participate in building up the allround potentials in the border regions, creating the entire population’s strength, to assist the border guards and other units of the people’s armed forces, the functional agencies in the border regions in building, managing and protecting the national borders, maintaining security, social order and safety in the border regions.

c) The building of the borders of peace, friendship, and long stability with the neighboring countries, coordination of both sides on the borders in managing and protecting the national borders and preventing and combating crimes.

2. The heads of all levels, branches and localities shall have to observe the Entire-Population Borderguard Day under the direction of the Government and the guidance of the Defense Ministry.

3. The Border Guard Command shall have the responsibility to advise the Defense Ministry on directing and guiding all levels, branches and localities in observing the Entire-Population Borderguard Day.

Article 15.- Building up the entire-population border protection and the entire-population border protection disposition

1. The entire-population border protection and the entire-population border protection disposition shall be firmly built up on the basis of building of the political system; the socio-economic construction and development; the enhancement and consolidation of defense and security in the border regions; the creation of posture for the defense of the Fatherland, the management and protection of national borders, the maintenance of security as well as social order and safety in the border regions.

2. The entire-population border protection and the entire-population border protection disposition are built up in combination with the entire-population defense, the entire-population defense disposition and the people security disposition.

3. The heads of all levels, branches and localities have the responsibility to organize the building of the entire-population border protection, the entire-population border protection disposition under the guidance of the Defense Ministry.

4. The Border Guard Command shall have the responsibility to advise the Defense Ministry and guide the levels, branches and localities on implementation organization.

Article 16.- Building up core and specialized forces for management and protection of national borders

1. The border guard force shall be built along the revolutionary, regular, elite and gradual modernization direction, which is politically strong and firm, professionally skilled, thoroughly understands law and external activities, in order to meet the requirements of national border management and protection in all circumstances.

2. The Defense Ministry shall assist the Government in performing the State management over the building and operation of the border guard force. The Border Guard Command shall directly manage, command and build the border guards for performance of the function and tasks of managing and protecting the national borders, maintaining security as well as social order and safety in the border regions according to law provisions.

Article 17.- Management and protection of national borders and border regions

1. The management and protection of the national borders and border regions aim to ensure the inviolability of the national borders, to firmly maintain the sovereignty and territorial integrity, maintain security and social order and safety in the border regions; to build up the borders of peace, friendship and long stability with the neighboring countries.

2. The national borders, the national border marker posts and the border regions shall be managed and protected according to the Law on National Borders, this Decree, the decrees regarding the Regulations on border regions, regulations on border gates, agreements on national border regulations, other legal documents and the relevant international agreements which Vietnam has signed or acceded to.

Article 18.- Settlement of border-related issues

1. The settlement of border and territorial issues related to neighboring countries shall be conducted through negotiations under law provisions and the Government’s direction.

2. It is strictly forbidden to arbitrarily reach agreements on modification of national border lines or alteration of national border lines.

Article 19.- Responsibility for management and protection of the national borders and border regions

1. The management and protection of the national borders rest with the State, agencies, organizations, the armed forces, administrations of all levels and the entire population and constitute the direct and constant responsibilities of the administrations and people in the border regions.

2. Agencies, organizations and individuals have the obligation and responsibility to respect the national border lines, to strictly observe and implement the legislation on national borders; to actively participate in the protection of national borders, the maintenance of security as well as social order and safety in the border regions; to coordinate with and assist the border guards in preventing and combating acts of infringing upon the sovereignty, territory, national borders, security, social order and safety in the border regions.

3. While performing the tasks of protecting the national borders, the people’s armed force units must base themselves on the functions, tasks and powers under the provisions of the Law on National Borders and law provisions on the national borders.

4. The border guards constitute the core and specialized force, assuming the prime responsibility for, and coordinating with the People’s Security force, the concerned branches and localities in, activities of managing and protecting the national borders, maintaining security as well as social order and safety in the border regions.

5. The navy, the Coast Guard force shall have to coordinate with the border guards in managing and protecting the national borders on the sea.

6. The air-defense and air force units shall have the responsibility to manage and protect the national borders in the air and coordinate with the border guards in protecting the national borders on the sea.

7. The people’s armed force units in the border regions shall have the responsibility to coordinate with the border guards, the air-defense and air force units in protecting the national borders. The Defense Ministry shall prescribe the specific scope of responsibility and regulation on coordination among forces under its management in managing and protecting the national borders.

Article 20.- Border gates and activities at border gates

1. The opening of border gates and the openings for cross-border travel, the upgrading and closure of border gates; the determination and announcement of land routes, railways, internal waterways, maritime routes and air routes for transit shall comply with the provisions of Vietnamese law and international agreements signed with neighboring countries.

2. The entries, exits, importation, exportation, transit and national border crossings by residents in border regions at border gate areas shall comply with the border gate regulations prescribed by the Government and relevant legislation.

Article 21.- Control and assurance of security and order at border gates

1. At the land border gates, railway border gates, internal water border gates, maritime border gates (seaports), airway border gates, the functional agencies control the entries, exits, importation, exportation, transits and border crossings according to law provisions.

a) At the land border gates, railway border gates, internal water border gates in the border regions, maritime border gates (seaports), the Border Guards shall assume the prime responsibility for, and coordinate with the concerned forces in, managing and protecting security, social order and safety in the border-gate areas.

b) At the airway border gates, the security agencies of the Ministry of Public Security shall assume the prime responsibility for, and coordinate with the concerned agencies in, managing and protecting security, social order and safety in the border-gate areas.

2. The functional State management agencies at border gates shall perform their tasks and exercise their powers according to law provisions.

Article 22.- Regimes and policies on building, managing and protecting the national borders and border regions.

1. The regimes and policies on building, managing and protecting the national borders and border regions shall include:

a) The regimes and policies towards people directly engaged in or participating the building, management and protection of the national borders;

b) The regimes and policies towards ethnic minority people in the border regions;

c) The regimes and policies on prioritizing investment in socio-economic construction and development in the border regions;

d) The regimes and policies on ensuring national defense and security in the border regions.

2. The ministries and branches shall, within their respective functions, tasks and powers, have to supplement and perfect the regimes and policies prescribed in Clause 1 of this Article and submit them to the competent authorities for decision.

Article 23.- Financial sources for the building, management and protection of the national borders and border regions

1. The financial sources for the building, management and protection of the national borders and border regions shall include the State budget sources (central budget and local budgets) and other law-prescribed revenue sources.

2. The State budget sources for the building, management and protection of the national borders and border regions shall cover:

a) The socio-economic construction and development in the border regions;

b) The building of border works;

c) Activities of managing and protecting the borders, maintaining security, social order and safety in the border regions;

d) The realization of regimes and policies towards people directly engaged or participating in the building, management and protection of the borders.

Article 24.- Decentralization of tasks of budget spending on the building, management and protection of the national borders and border regions

1. The central budget shall ensure the tasks of building, managing and protecting the national borders and border regions, which are performed by central agencies or units.

2. The local budgets shall ensure the tasks of building, managing and protecting the national borders and border regions, which are performed by localities.

Article 25.- Estimating and settling budgets for building, managing and protecting the national borders and border regions

The estimation, implementation and settlement of budget expenditures on the building, management and protection of the national borders and border regions shall comply with the provisions of the State Budget Law.