Decree No. 34/2014/ND-CP promulgating the Regulation on land border areas of the Socialist Republic of Vietnam

46 THE GOVERNMENT No. 34/2014/ND-CP OFFICIAL GAZETTE Issue nos 07-09/April 2014 THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Hanoi, April 29, 2014 DECREE Promulgating the Regulation on land border areas of the Socialist Republic of Vietnam(*) Pursuant to the December 25, 2001 Law on Organization of the Government; Pursuant to the June 17, 2003 Law on National Border; Pursuant to the March 28, 1997 Ordinance on Border Guards; At the proposal of the Minister of National Defense, The Government promulgates the Decree on the Regulation on land border areas of the Socialist Republic of Vietnam. Chapter I GENERAL PROVISIONS Article 1. Scope of regulation 1. This Decree promulgates the Regulation on land border areas of the Socialist Republic of Vietnam and provides the management of activities of people and vehicles in these areas; responsibilities of agencies, organizations and individuals for the constmction, management and protection ofland border areas of the Socialist Republic of Vietnam. 2. In case the provisions of this Regulation are different from those of treaties to which the Socialist Republic of Vietnam is a contracting party, the provisions of such treaties prevail. Article 2. Subjects of application Vietnamese and foreign agencies, organizations and individuals conducting activities in land border areas shall observe this Decree and other relevant laws of Vietnam. Article 3. Interpretation of tem1S In this Decree, the te1ms below are construed as follows: 1. Land border areas of the Socialist Republic of Vietnam (below refened to as land border areas) include communes, wards and townships (below refened to as communes) which have pa1t of their administrative boundaries overlapping the national land borderline. The list of land border communes, wards and townships is provided in the Appendix to this Decree. 2. Border belt means a tenitorial section measured from the national borderline inward and established to manage and control activities of people and vehicles in the border belt f'J Cong Bao Nos 497-498 (J 5/5/2014) © Vietnam Law and Legal F ornm Issue nos 07-09/Apiil 2014 OFFICIAL GAZETTE 47 and maintain security and order and prevent and combat illegal acts; and having a width of between 100 and 1,000 meters. The width of the border belt in special cases shall be decided by the Prime Minister. 3. Restricted zone means a teITitorial section in a land border area and established to manage, protect and maintain security and order; prevent and combat acts of trespassing, sabotaging, exploiting or collecting state secrets. 4. Activities in land border areas include inhabiting, entering, traveling, producing, doing business; exploring and exploiting natural resources; constmcting works, implementing projects and other activities related to the constm ction, management and protection of the national border, maintenance of social security, order and safety in land border areas. 5. Border inhabitant means a person who has the pe1manent residence registration in a land border area . Article 4. Prohibited acts in land border areas 1. Damaging, destroying, moving, or causing loss of, landmarks or signs to identify the borderline; "border area", "border belt" and "restricted zone" signboards; and border works. 2. Changing the natural flow, exhausting water sources of, causing inundation, flooding or environmental pollution in, border rivers and streams. 3. Illegally inhabiting, exploiting forest products, exploring and exploiting minerals and aquatic resources. 4 . Traveling across the border for field or teITace field fa1ming, hunting or cattle grazmg. 5. Bmy ing c01p ses, removing graves; transpo1i ing c01pses, remains, animals, plants and animal carcasses across the border without pe1mission of competent Vietnamese state agencies. 6. Making gunshots across the border, causing explosions, cutting and bmning trees for land reclamation in the border belt. 7. Shooting films, taking photos, recording sounds, smveying or drawing landscapes at places where ban signs are displayed in land border areas. 8. Smuggling, illegally transpo1i ing goods across the border, committing trade frauds. 9. Other prohibited acts prescribed by Vietnamese law and agreements on border regulations signed by the Socialist Republic of Vietnam with bordering countries. Chapter II MANAGEMENT OF ACTIVITIES OF PEOPLE AND VEHICLES IN LAND BORDER AREAS Article 5. Residence in land border areas 1. Persons allowed to reside in land border areas: a/ Border inhabitants; b/ Persons who have pe1mits of competent public security agencies for residence in land border areas; ©Vietnam Law and Legal Fomm 48 OFFICIAL GAZETTE Issue nos 07-09/April 2014 cl Officers, professional anny men, defense officials, defense workers and employees, non-commissioned officers, soldiers of the People's Almy; officers, workers, employees and professional and technical non-commissioned officers of the People's Public Security Force whose units am stationed in land border areas. 2. Persons not allowed to reside in land border areas: a/ Persons banned from residing in land border areas under decisions of competent agencies, persons not yet pe1mitted to exit or persons suspended from exit; b/ Persons banned from traveling outside their places of residence by procedure conducting agencies; c/ Persons sentenced to imprisonment, against whom judgment execution decisions are not yet issued, serving suspended sentences; or pe1mitted to postpone or suspend the serving of imprisonment sentences; persons under probation; di Persons subject to the measure of education in communes, wards or townships; consignment into reformatories, compulsory education establishments or compulso1y detoxification establishments but pe1mitted to postpone the execution of such measure or against whom enforcement of such measure is suspended. dd/ Persons other than those specified in Clause 1 of this Atiicle; The provisions of Points a, b, c and d of this Clause are not applicable to border inhabitants. Article 6. Entering land border areas 1. For Vietnamese citizens Vietnamese citizens who enter land border areas must have people's identity cards or other personal identification papers provided by law. 2. For foreigners a/ Foreigners who pe1manently or temporarily reside in Vietnam and enter land border areas must have pe1mits of provincial-level Public Security Departments of localities where they pe1manently or temporarily reside or of the land border provinces which they enter; b/ Vietnamese agencies or organizations taking foreigners into land border areas must have letters of introduction of managing agencies or organizations; persons traveling with these foreigners must have the papers specified in Clause 1 of this Atiicle, and at the same time these agencies or organizations shall notify such to provincial-level Public Security Depruiments and Border-Guru·d Commands of the border provinces at least 24 hours in advance; c/ For foreigners in representative or high-ranking delegations entering land border ru·eas, Vietnamese agencies or organizations (inviting agencies or agencies working with these delegations) shall notify in writing provincial-level Public Security Depruiments and Border-Guard Commands of the border provinces of these foreigners, and concmTently send their persons to accompany with and guide these foreigners. 3. The following persons are not allowed to enter land border areas: Persons other than those specified in Clauses 1 and 2 of this Atiicle and persons specified in Clause 2, Atiicle 5 of this Decree are not allowed to enter land border areas. © Vietnam Law and Legal F ornm Issue nos 07-09/Apiil 2014 OFFICIAL GAZETTE 49 Article 7. Activities of people and vehicles in land border areas 1. Vietnamese citizens (except border inhabitants) and foreigners entering land border areas and staying overnight shall register their stay with local commune-level public security offices in accordance with law. Overnight stay in the border belt must be notified in writing to local border-guard posts. 2. People and vehicles operating in land border areas must have sufficient papers prescribed by law and follow instmctions and submit to the inspection and control by local border-guard posts, commune-level public security offices and specialized forces in accordance with law. 3. Activities of Vietnamese and foreign people and vehicles in tourist, service and trade centers, border-gate economic zones, border-gate areas and other economic zones opened in land border areas must comply with regulations applicable to such zones and areas and other relevant laws. 4. Other activities in land border areas must comply with the relevant laws and this Decree. 5. Border inhabitants of a bordering count:J.y who conduct activities in Vietnamese land border areas shall comply with agreements on border regulations concluded between the two countries and with Vietnamese law. Article 8. Const:J.uction of projects and works in land border areas 1. The const:J.u ction of projects and works in land border areas must not affect border works; alter signs for identification of the borderline, damage, destroy, or cause loss of, national border markers; violate agreements on border regulations signed by the Socialist Republic of Vietnam with neighbor count:J.·ies. 2. When const:J.ucting proj ects or works in the border belt, local state management agencies in charge of const:J.u ction shall collect written opinions of the Minist:J.y of National Defense, Ministiy of Public Security and Ministiy of Foreign Affairs before submitting documents on such projects or works to competent authorities for approval. Within 30 days, consulted agencies shall give their written opinions to the opinion-collecting agencies. At least 3 (three) working days before implementing projects or works, investors shall notify such in writing to provincial-level Border-Guard Commands and Public Security Departments and local administ:J.·ations. 3 . Three days before participating in the survey, engineering, construction and implementation of projects or works in land border areas, agencies and organizations shall notify the list of their people and vehicles involved in, and the duration and scope of, such activities, to local border-guard posts and commune-level People's Committees. 4. Border-guard posts shall guide units specified in Clause 3 of this Aii icle in identifying the borderline, scope ofland border areas, border belt and restricted zones, and complying with regulations on management and protection of the national border and agreements on border regulations signed by the Socialist Republic of Vietnam with neighbor countries. Article 9. Signs in land border areas 1. In land border areas, there are "border area", "border belt" and "rest:J.·icted zone" signs and other signs prescribed by law. ©Vietnam Law and Legal Fomm 50 OFFICIAL GAZETTE Issue nos 07-09/April 2014 2. The Minister of National Defense shall set model signs and reach agreement with provincial-level People 's Committees on positions for putting up "border area", "border belt" and "restricted zone" signs prescribed in Clause 1 of this Alticle. Article 10. Suspension of activities in land border areas 1. AI·eas subject to and cases of suspension: a/ AI·eas in which a border or te1Tito1y dispute occurs, threatening the sovereignty and security of the national border; b/ AI·eas in which an aim ed conflict, robbe1y, te1rnrist action, riot, intrusion, kidnapping or serious security and order disturbance occurs; c/ AI·eas in which a natural disaster, inishap, epidemic, cheinical or radioactive incident occurs, threatening to cause damage to the community or cross-border h'ansmission; d/ Upon receipt of notices of the Government, local adininistr·ations or border-guard forces of neighbor counh'ies on suspension of tr·aveling across the border. 2 . In order to ensure safety for lives and properties of people, prevent natural disasters, fires, floods, epideinics or diseases, the following activities must be suspended: Entering the border belt, opening up markets, organizing festivals, conducting production, business or construction, exploring and exploiting natural resources and other activities in the ai·eas or cases specified in Clause 1 of this Alticle. 3. Persons competent to suspend activities in land border ai·eas are prescribed as follows: a/ Commanders ofborder-guai·d posts may decide to suspend for no more than 12 hours activities within the border belt in localities under their chai·ge and shall report the suspension to the chief commanders of provincial-level Border-Guai·d Commands and concmTently notify such in writing to local distr·ict- and commune-level People's Cominittees and related agencies in land border areas as well as local adminish'ations and border management and guard forces of neighbor countr·ies; b/ Chief commanders of provincial-level Border-Guard Commands may decide to suspend for no more than 24 hours activities in land border areas under their charge and shall report such in writing to provincial-level People's Committees and the Border Guard Commands and concmTently notify such to provincial-level Public Security Depaitments and border management and guard forces of neighbor counh'ies; In case chief commanders of provincial-level Border-Guard Commands find it necessaiy to continue to suspend activities in land border areas upon the expiration of the time limit of 24 hours, they shall request provincial-level People 's Cominittees to decide to prolong the suspension for another 24 hours, and concmTently notify such to provincial-level Public Security Depaitments and border management and guard forces of neighbor counh'ies. 4. Competent persons specified in Clause 3 of this Alticle shall notify in writing to the Ministry ofForeignAffairs for coordinated handling when necessaiy, take responsibility before law and immediate superior agencies for their suspension decisions. Upon the expiration of the pe1mitted suspension time liinit or when the above occmTences are over, they shall issue decisions to cancel suspension decisions, notify such decisions in writing to related agencies, © Vietnam Law and Legal F ornm Issue nos 07-09/Apiil 2014 OFFICIAL GAZETTE 51 border management and protection forces of neighbor countries and announce them on the mass media. Article 11. Management of activities in the border belt 1. People's Councils of border provinces shall determine the scope of the border belt after obtaining written opinions of the Ministry of National Defense, Ministry of Public Security and Ministry of Foreign Affairs. They shall repo1i special cases to the Prime Minister for consideration and decision. 2. Persons specified in Clause 1, Aliicle 5 of this Decree may conduct activities in the border belt. 3. When entering the border belt, persons other than those specified in Clause 1, Aliicle 5 of this Decree must have the papers specified in Clause 1 or 2, Aliicle 6 of this Decree and show up at local border guard posts or commune-level People 's Committees. 4. Agencies and organizations operating in the border belt shall notify in writing local border guard posts oflists of their people and vehicles involved in, and duration and scope of activities in the border belt. Article 12. Management of activities in resu-icted zones 1. People's Councils of border provinces shall determine restricted zones in their respective localities at the request of provincial-level functional agencies. 2. The Minister ofNational Defense shall detennine resu-icted zones for national defense works and border works and notify them to provincial-level People 's Committees oflocalities which have such zones. 3. Management and protection of resu-icted zones a/ Restr·icted zones must have protection regulations set out by heads of agencies or units managing such zones; b/ Vietnamese citizens and foreigners ( except those permitted to pe1manently reside and work in resu-icted zones) who enter resu-icted zones must have papers specified in Clause 1 or 2, Aliicle 6 of this Decree and be pe1mitted by heads of agencies or units managing such zones. Chapter III RESPONSIBILITIES FOR CONSTRUCTION, MANAGEMENT AND PROTECTION OF LAND BORDER AREAS Article 13. Responsibilities of the Ministry of National Defense 1. To assume the prime responsibility for, and coordinate with ministr·ies, sectors and People's Committees of border provinces in, perfo1ming the state management of the national border; to organize the implementation of master plans, plans, investlnent projects and policies on construction, management and protection of the national border and land border areas in accordance with law. 2. To assume the prime responsibility for, and coordinate with the Ministry of Public Security, Ministry of Foreign Affairs and related ministries and sectors in, elaborating ©Vietnam Law and Legal Fomm 52 OFFICIAL GAZETTE Issue nos 07-09/April 2014 regulations on coordination among forces in perfonning the task of managing and protecting the national border. 3. Annually, to make statistics on numbers of foreigners entering the land border areas, border belt and restricted zones; to review the perfo1mance of the tasks of construction, management and protection of the national border, maintain social security, order and safety in the land border areas. 4. To direct border guards in: a/ Assuming the prime responsibility for, and coordinating with the people's public security force, local administrations at all levels and related agencies in, managing and protecting the national border; and maintaining social security, order and safety in land border areas; b/ Advising local administrations at all levels on the movement. The entire people paiiicipate in the protection of national sovereignty and border security; consolidating the political bases and building the land border areas strong and fum in economy, politics, culture, social affairs, national defense, security and external affairs; c/ Taking measures to manage and protect the border; deploying and using forces, means, weapons and supporting tools to perfo1m the function and task of management and protection of the national border, maintenance of social security, order and safety in land border ai·eas; preventing and combating crimes, smuggling and illegal transpo1iation of goods across the border, trade frauds and other illegal acts; and perfo1m the work of border-guai·d external affairs in accordance with law; d/ Organizing regular and nTegulai· fixed and mobile patrol and control activities to inspect and control people and vehicles entering the land border ai·eas and border belt. Article 14. Responsibilities of the Ministry of Public Security 1. To assume the prime responsibility for, and coordinate with related ministr·ies, sectors and People 's Committees of border provinces in, elaborating plans on protection of national security, combining border security with inland security; to coordinate with the Ministry of National Defense in guiding border guards in paiiicipating in the protection of the political security, maintenance of social order and safety and management of entry and exit in accordance with law. 2. To assume the prime responsibility for, and coordinate with the Ministry of National Defense in, promulgating policies to diI·ect the prevention and combat of crimes and illegal acts in social security, order and safety in the land border ai·eas. Article 15. Responsibilities of the Ministry ofForeignAffafrs 1. To assume the prime responsibility for, and coordinate with related ministr·ies, sectors and People's Committees of border provinces in, nnplementing tr·eaties on borders and teni.tories on the basis of treaties on demai·cation of national borders to which the Socialist Republic of Vietnam is a contracting parties. 2. To assume the prime responsibility for, and coordinate with relatedministr·ies, sectors and People's Committees of border provinces in, negotiating on and settling issues arising in relation to the national sovereignty and border. © Vietnam Law and Legal F ornm Issue nos 07-09/Apiil 2014 OFFICIAL GAZETTE 53 3. To coordinate with the Ministty of National Defense in elaborating a regulation on coordination in the settlement of cases and matters, provision of info1mation, documents and guidance on external affairs; and reviewing issues related to the consttuction, management and protection of the national border. Article 16. Responsibilities of the Ministty of Planning and Investment 1. To assUille the prime responsibility for, and coordinate with the Ministty of National Defense and People's Coillillittees of border provinces in, sUillillarizing needs for investment in the development of infrasttucture in the land border areas; building embankments of border rivers and stl'eams, and for the protection of border markers, repo1iing to the Prime Minister for annual allocation of an appropriate budget fund for consttuction investment for consolidation of national defense and security combined with socio-econotnic development in the land border areas. 2. To assUille the prime responsibility for, and coordinate with related ministl'ies, sectors and People 's Coillillittees of border provinces in, fo1mulating mechanisms and policies on development investment and creating conditions for socio-econotnic development in the land border areas. Article 17. Responsibilities of the Ministty of Finance 1. Annually, to assUille the prime responsibility for, and coordinate with the Ministty of National Defense and People 's Coillillittees of border provinces in, estimating state budget allocations for the task of border management and protection according to the cmTent state budget decentl'alization. 2. To coordinate with related ministl'ies, sectors and People's Coillillittees of border provinces in fo1mulating financial mechanisms and policies and creating conditions for socio econotnic development in the land border areas. Article 18. Responsibilities of the Ministty of Industty and Trade 1. To assUille the prime responsibility for, and coordinate with related ministt·ies, sectors and People's Coillillittees of border provinces in fo1mulating policies on development of coillillerce in the land border areas. 2. To assUille the prime responsibility for, and coordinate with the Ministty of National Defense and Ministty of Finance in, guiding goods purchase, sale and exchange activities of border inhabitants. Article 19. Responsibilities of related ministt·ies and sectors Within the ambit of their functions, tasks and powers, to coordinate with the Ministty of National Defense in consttucting, managing and protecting the national border, maintaining social security, order and safety in the land border areas. Article 20. Responsibilities of People's Coillillittees at all levels of localities having land borders 1. To perfo1m the state management of the national border in accordance with law; to build the land border areas stt·ong and fum in politics, economy, social affairs, national defense and security. ©Vietnam Law and Legal Fomm 54 OFFICIAL GAZETTE Issue nos 07-09/April 2014 2. To dfrect depru.iments, sectors, mass organizations and functional forces in coordinating with the Border Guru.·ds and related agencies in managing and protecting the national border; maintaining social security, order and safety, preventing and combating crimes in the land border areas in accordance with law. 3. To organize functional forces, mobilize people to participate in the movement "The entire people pru.ticipate in the construction, management and protection of the national border''; prevent and combat acts infringing upon the national sovereignty and security and social order and safety in the land border ru.·eas. 4 . To propagandize, disseminate and educate among their employees and local people the laws on constmction, management and protection of the national border, and maintenance of social security, order and safety in the land border areas. 5. To eaimark annual local budgets for the construction, management and protection of the national border, maintenance of social security, order and safety in the land border areas. Article 21. Responsibilities of other agencies and organizations Other agencies and organizations operating in the land border areas shall observe this Decree and relevant ti·eaties to which the Socialist Republic of Vietnam is a conn-acting paity; and coordinate with the Border Guard in managing and protecting the national border and maintaining social security, order and safety in the land border areas. Chapter IV IMPLEMENTATION PROVISIONS Article 22. Effect This Decree takes effect on June 15, 2014, and replaces the Government's Decree No. 34/2000/ND-CP of August 18, 2000, promulgating the Regulation on land border ai·eas of the Socialist Republic of Vietnam. Article 23. Funding 1. Funds for the constmction, management and protection of the national border, maintenance of social security, order and safety in the land border areas shall be allocated from the state budget according to the cmTent regime of decenti·alization. 2. The estimation, allocation, assignment, payment and :finalization of the above funds must comply with the Law on the State Budget and guiding documents. Article 24. Responsibilities to guide and implement the Decree 1. The Minister of National Defense shall assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding and inspecting the implementation of this Decree. 2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall implement this Decree. On behalf of the Government Prime Minister NGUYEN TAN DUNG © Vietnam Law and Legal F ornm