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.
Tìm kiếm
Pháp lệnh Bộ đội biên phòng năm 1997 (Bản Word)