Chương 3 Nghị định 140/2004/NĐ-CP Hướng dẫn Luật Biên giới quốc gia: Quản lý nhà nước về biên giới quốc gia

Chapter III

STATE MANAGEMENT OVER NATIONAL BORDERS

Article 26.- Responsibilities of the Defense Ministry

1. To assume the prime responsibility for, and coordinate with the Foreign Ministry, the Public Security Ministry in, guiding and directing the provincial/municipal People’s Committees to perform the State management over the national borders;

2. To coordinate with the Foreign Ministry in performing the tasks of negotiating on settlement of border and territorial issues;

3. To assume the prime responsibility for, and coordinate with  the concerned ministries and branches in, studying and proposing the elaboration of, and directing the implementation of, border strategies and policies;

4. To assume the prime responsibility for, and coordinate with the Public Security Ministry in, performing the tasks of managing and protecting the national borders and maintaining the security, social order and safety in the border regions;

5. To assume the prime responsibility for, and coordinate with the concerned ministries and branches in, drafting legal documents on borders, policies towards the border-managing and -protecting forces and submitting them to competent authorities for decision and to promulgate documents guiding the implementation thereof;

6. To build the Border Guard into a strong force, ensuring the concentrated and unified command; to provide trainings and fosterings in order to raise their professional, military, legal and external relation levels in order to perform the core and specialized role of managing and protecting the national borders, maintaining security, social order and safety in the border regions;

7. To conduct scientific and technological research and application in service of national-border management and protection; to propose the Government to direct the construction of works to fix the national borders, works in service of national-border management and protection; to invest funding and technical means and equipment for the national-border managing and protecting forces;

8. To organize preliminary and final reviews of the management and protection of national borders, the maintenance of security, social order and safety in the border regions and the implementation of regimes and report them to the Government and notify the concerned ministries and branches thereof;

9. To assume the prime responsibility for, and coordinate with the ministries, branches and localities in, propagating and disseminating legislation on national borders; to conduct examination and inspection; to settle complaints and denunciations and handle violations of the legislation on management and protection of national borders;

10. To effect international cooperation on border protection work and carry out work of border protection-related external relations for coordination in management and protection of the national borders, the building of borders of peace and friendship with the neighboring countries.

Article 27.- Responsibilities of the Foreign Ministry

1. To assume the prime responsibility for, and coordinate with ministries, branches in, proposing undertakings and policies on territorial border and State management over the national orders;

2. To assume the prime responsibility for, and coordinate with the Defense Ministry as well as the concerned ministries and branches in, assisting the Government to determine the national borders, sovereignty, sovereign rights of the Socialist Republic of Vietnam on land, sea, in the air, on islands, the continental shelf and organizing negotiations on determining borders, dividing areas for implanting border marker posts and handling matters related to neighboring countries;

3. To coordinate with the Defense Ministry in directing and guiding the People’s Committees of the provinces and centrally-run cities where national borders run through to perform the function of State management over the national borders;

4. To assume the prime responsibility for, and coordinate with the Defense Ministry in, proposing the Government to direct or guide the handling according to competence of matters arising in activities of branches or localities, which are related to the sovereignty and sovereign rights of the Socialist Republic of Vietnam on land and sea, in the air, on islands and continental shelf;

5. To coordinate with the Defense Ministry in training, fostering and guiding the border guards on legislation and international agreements on national-border management and protection, external relation operations and settlement of cases related to borders and foreigners.

Article 28.- Responsibilities of the Public Security Ministry

1. To coordinate with the Defense Ministry in directing or guiding the border guards to perform the tasks of ensuring security, social order and safety, preventing and combating crimes and other law-breaking acts in the border regions;

2. To assume the prime responsibility for, and coordinate with the Defense Ministry, the Foreign Ministry and the concerned ministries and branches in working out regulations on coordination among forces in performing the task of managing and controlling entries, exits, importation, exportation and transits according to law provisions;

3. To coordinate with the Defense Ministry in providing trainings and fosterings to raise the professional levels of protecting the security, social order and safety for specialized national border-managing and protecting forces;

4. To coordinate with the Defense Ministry in exchanging ideas on situation; reaching agreement on undertakings to direct the struggle to prevent and combat crimes and other law-breaking acts related to security, social order and safety in the border regions;

5. To effect international cooperation in the field of national security, coordinate with the Defense Ministry in effecting the border security cooperation.

Article 29.- Responsibilities of the ministries, ministerial-level agencies, Government-attached agencies

Within the scope of their respective tasks and powers, the ministries, ministerial-level agencies and Government-attached agencies shall have to perform, and coordinate with the Defense Ministry, the Foreign Ministry and the Public Security Ministry in performing the State management over national borders according to law provisions

Article 30.- Responsibility of the Border Guard

1. The Border Guard Command has the responsibility to advise the Defense Ministry on the management and protection of the national borders, the maintenance of security, social order and safety in the border regions and the building of the Border Guard force;

2. For matters related to the building, management and protection of the national borders and border regions as well as the maintenance of security, social order and safety in the border and border gate areas, the Border Guard Command may take initiative in reporting to and directly contacting the functional bodies of the Party, the State, the concerned ministries and branches, the provincial/municipal People’s Committees, the border-protecting forces or administrations of the adjacent countries for exchange of ideas on settlement and at the same time report thereon to the Defense Ministry;

3. The Border Guard operates according to the provisions of law and international agreements which Vietnam has signed or acceded to regarding the national borders, security, social order and safety in the border regions and at border gates;

4. The Border Guard may deploy forces and appropriate means to perform the function and tasks of managing and protecting the national borders, maintaining security, social order and safety in the border regions and at border gates; to examine and control border crossings, entries into, and exits from, border regions, border belts, control entries and exits at the border gates (excluding the aviation border gates managed by the Public Security Ministry); to prevent and combat crimes, smuggling, trade frauds and effect the work of border protection-related external relations, to effect combat readiness against armed conflicts and aggressive wars according to law provisions;

5. To assume the prime responsibility for, and coordinate with the armed forces and concerned branches in, advising the Defense Ministry on directing the building of the entire-population border protection and the entire-population border protection disposition.

Article 31.- Responsibilities of the People’s Committees at all levels in areas where national borders run through

1. To perform the State management over the national borders in their respective localities according to law provisions and direct or guide the Defense Ministry as well as the concerned ministries and branches therein;

2. To build the border regions strong in politics, economy, culture, social affairs, defense and security; to build the entire-population border protection and the entire-population border protection disposition in their respective localities;

3. To formulate plannings on population arrangement, infrastructure construction, production reorganization in the border regions; to combine socio-economic and cultural development with the consolidation of national defense and security in the border regions;

4. To direct different forces, committees, branches and launch mass movements in their localities for coordinating with the border guards in managing and protecting the national borders; maintain security, social order and safety and struggle to prevent and combat crimes in the border regions according to law provisions;

5. To coordinate with the concerned ministries and branches in:

a) Formulating and implementing projects on economic, cultural and social development for every sub-region, creating economic and social improvement in the border regions;

b) Mobilizing enterprises operating in the border regions to support the infrastructure construction, educational, medical, cultural and social development;

c) Mobilizing and encouraging organizations and localities throughout the countries to swear brotherhoods, enter into joint ventures with, and support border localities.

6. Organizing the propagation, dissemination and education of legislation on national borders;

7. Effecting the external relations with the local administrations of neighboring countries according to the provisions of legislation and international agreements on borders.

Article 32.- Responsibilities of citizens

All Vietnamese citizens have the responsibilities and obligations to protect the national borders of the Socialist Republic of Vietnam, to build up the border regions, to maintain security, social order and safety in the border regions. If detecting acts of encroaching upon borders, undermining security, social order and safety in the border regions, they must report them to the nearest border guard posts, local administrations or State agencies for timely notification to the Border Guard for handling according to law provisions.