Circular No. 89/2004/TT-BQP guiding the implementation of Government's Decree No. 161/2003/ND-CP on Sea Border Zone regulation

THE MINISTRY OF {lEFENSE Of-TICIAI .. GAZC:TTl: No, 09 (06-7-,2004) ND-CPO N SEA BORDER ZONE REGULATION On December 18, 2003 the Government issued Decree No. 161/2003/ND-CP on Sea Border Zone Regulation, of which Clause 2, Article 36, stipulates that "tt1e Ministry of Defense shall assurne the prime responsibility for, and coordinate wlth the concerned ministries and branches in, guiding and inspecting the implementation of this Decree." After reaching agreement with the concerned rninistries and branches, the Defense Ministry 'rleT eby pmv\des oe\a.\led gu\dance' on \he tollow g contents: .·• 1. Provisions on sea boroef zones, no­ ad~ ittance 'zones and resfrictecl zohes; 2. A number of provision's regardingVl$tn~mese • • • ••• •• • • h and foreign people and ves,$eJ$ pper~ting ln Sea border zones, · 3. A number ofpro'vish.)ns 6n, rnanagemen1 and protection of sea borde~ zon,s. 4. Responsibilities' for . impfernentation organ i.za tio n. I. SEA BOROERZC>NES, NQ;.AOMITTANCE ., '·ZONES AND RESTRICTED ZONES A. SEA.BORDEil ZONES 1. Sea border zones are delineated from the national sea border to the administrative bounda.rles of communes, wards and townships adjacent to the sea, and islands and arc/1ipefagoes. National sea border means the outer limits of t11e territorial sea of the mainland, the territorial sea of islands and the territorial sea of archipefagoes CIRCULAR No. 89/2004/TT-BQP OF JUNE 19, belonging to Vietnam; the national sea border is 2004 GUIDrNG THE rMPLEMENTATION OF defined and marl<ed wit11 coordinates in the sea THE GOVERNMENT'S DECREE No.161/2003/ charts. No. 09 {06-7-2004) Where the territorial sea, internal waters or historical waters of Vietnam are adjacent to the 1erritoria\ sea, iritornal waters or historical waters of neighboring countries, the national sea border shall be defined according to tt1e agreement between the sea-sharing countries in compliance with internatiomi.I agreements which Vietnam has signed. 2. Sea border zones shail cover: Communes, wards and townships adjacent to the sea, and islands and archipelagoes {as prescribed in the Appendix attached to the GO"✓dnmcnt'S Decree No. 161/2003/ND-CP of December 18, 2003). Internal waters and territorial sea of the mainland as well as internal waters arid territorial sea ofistands and archfpelagoes. 3, Foretgn joint-venture tourist, service, trade and/or et:ortomiC zones within sea border zones shalt comply with the Government's relevant regulations. If activities ih -these zones are related to the national borders, no-admittance zones or restricted zones, the provisions of Article 7 of Decree No. 161/2003/ND-GP .<'Ind this Circular shall apply. B. NO~ADMITTANCE ZONES 1 . No-admittance zones shaU be defined only in necessary areas, important areas or at certain time in order to ensure security for milltary activities and the performance of national defense and security tasks. The provincial/municipal Border-Gua I·d Commands shall assume the prime responsibility for coordinating and reaching agreement witl1 the provincial/municipal Military Commands and Police Directorates in determining the specific characteristics, no-admittance period and limits of no-admittance zone:, !or tho Border-Guard High Command to sum up and report to tho Defense Mi11istI·y /or decision. The l-3order-Guard High Command :;hall have to notify decisions on no­ admittance zones to the provincio.Hevel People's Committees and subjects related to the defined no­ admittance zones; if no-admittance zones lie within internal water·s or territorial sea, they shall have to notify such to Vietnam National Maritime Bureau for issuance of maritime notices to Vietnamese and foreign people and vessels for implementation. 2. No--admiltance zones sl1all be managed and protected according to current law provisions as we!! as ma nagement and prcte.ction regulations issued by the Uefense Minister. 3. When defining no-admittance zones, if population relocation is needed, such must be notified in advance arid compensation must be paid therefor under law provisions. 4. The no-admitlctrlce zone limits shall be marked by signboards (on land) or defined and marked with coordinates in sea charts (on the sea). 5. "No Admittance"signboards shall be made according to set modet; ofmetal and 1 .5 mm thick; the signboards shall be made of steel pipes of 100 mm in diameter; the signboards shall be made of luminescent material with blue-painted background and white-painted letters thereon. Those signboards shall be placed where easily seen. Each shall be inscribed with two lines of letters in two languages: the first line shall be in Vietnamese and the second line shall be in English. Specific provisions are included in the Appendix to this Circular (not printed herein). C. RESTRICTED ZONES 1 . Within sea border zones, restricted zones may be established for tho following reasons: • f:nvironmont mana<;it·lment and pwtection; OFHCIAL. GAXETlI: Exploitation and salvage; Search and rescue; Military exercise; • Epidemic prevention and combat; Other cases. 2. Restricted zones subject to specialized management shall be defined (regarding their limits, characteristics, restriction extent and duration) by concerned ministries or branches after reaching agreement with the prt:>vincia/ Border­ Guard Commands, reporting to the provinciaHevef People's Committees of the concerned localities for decision, and concurrently repo(ting to the Defense Ministry, 3. The agencie; issuing de.cisions on restricted zones musrridt!ty:$u6h \'i~clslons to the concerned subjects; ifJh~: r·estridted zones lie within internal . -: ·, ~ ; : . . . . control torces as prescribed by !aw. 2. Agencies and units, when organizing military exc rcises, search and rescue exe rcisos, joint patrol, live-ammunition firing practice or using explosives in sea border zones shall have to: •· Comply with the plans and decisions already approved by competent authorities; Notify clearly the place, scope and time of implementation· to: the. provincial-level People's Committees and BNder Guards at least five days in advance. Where the ~~i~ activities are organized within internal watet$ or·ft'ltiltoria/~ea, such must D(cl notified to Vietnahl Nation~i Maritime Bureau for issuance of maritime not,ic'es'lb Vietnamese and foreign vessels. for implementJti~n. . ·. . ·: .:. . . · .. ·. 3. Vessels (includ'ingth'bse 'belonging to enterprises of. the Army c,r p:J1ic~ dperafing for economic purpos.es} leavirfa, -enferJng and waters or terrifodaJ·.sea, such must be. notified to . · .... · · · · . ·. . . .··. . -operating in se~ bc:irqe{ton~.s• mµ~t :c&nV number Vietnam NationalMaritime J3ureau tot issuance ot maritime notices to Vietnanie'se and foreign people and vessels fo; irriplementation. · 4. The restrict~d Z~ne limits shall be marked : . ~ ·. . . . .- . . with signboards (ori-'}and) br coordinates in sea charts (on the sea) or:notifiedto concerned regions; the signboards shalf be made of Iron sheets or wood and placed where easily seen.·· II. PROVISIONS FOR PEOPLE AND VESS.ELS OPERAT\NG \N SEA BORDER ZONES A, FOR VIETNAMESE PEOPLE AND VESSELS 1. People and vessels leaving, entering and operating within the territoriaf sea, internal waters, at seaports and harbors shall comply with the provisions of Decree No 161 /2003/ND-CP and other law provisions, submit to inspection and control by the Border Guards and spcc/a//zod 'plates as prescrlbi:!d; fiWP&Pets p:rescril:led in.Article 10 of D,ecree No. ,1:e112btia/ND-CP, .andiensure . . . . . . maritime safety and hei.ve',p~pers di~~cny related to the fields of opera'tJ011 .. otpkople ar;id vessels under law provisiohs. 4, Vietnamese people,.Wotkihg on board foreign vessels must have c:mepfthe following papers: Crewmember's card (for crewmembers). Permit, issue d by.the Border-Guard Station at the place where·the ves·~el ancl1ors. B. FOR FOREIGN PEOPLE AND VESSELS 1. Foreign people and vessels operating in Vietnam's sea border zones must get permission from competent VietnamE1se ·agencies, obtain all papers prescribed in Article 13 of Decree No. 161 I 200:]/ND-C P and sub m(t to .supervision, inspection, control and violation sanctioning by tile Viotnamese /3or-der Guards and other functional forces. No. 09 (06-7-2004) Of+ICIAL GAtl:.ll'I:. Foreign people and vessels conducting exploration and exploitation of aquatic resources, scientific researches or exploitation of natural resources in sea border zones, in specialized domains, must acquire permits from the managing ministries or branches and, at the same time, notify the provincial-level People's Committees and Border-Guard Commands at least 2 days before conducting such activities. 2. Foreigners permanently' or temporarily residing ln Vletnam and operating in sea border zones (excl udirtg::ttiuristand service zones) must acquire pern'li\$'ir9rn the Polir.e offices o{ provlncial or l1igher,,!ey(l!; ~t{t'),n arriving atplacesinscribed Jn their pe,rriiits(tµJ,t'mu9tshow up at, and submit to, inspectiq:n:Jl~ ii:c 9nfrot by, the commune-level People's<C"6hlriiH-tie~;6r Border-Guard Statfons. In· 'J~·~r~~:,whe,re fOreigners. joining delegations of Viifth~rn~·s:~:Jg~nde:s ororganiza.tions enter sea bord~r z6he~,-·ieip.re~eritatives:of such agencies or orgariiza. tions rnUsl-dniW up lists of those foreigners and no't1fy.J~em toitt,e:sorder-Guard Stations or local adtjJJhl~tfation~ where 0 the delegations arrive; in case e>f:6Verrifght stay:•in- localities, they must register ten,pbtar; resioence under law provisions and submit tolrispectionand control by-the Border; Guard Stations and local administrations. Foreigners boarding Vietnamese or foreign vessels must get permission from the Border-Guard Stations where the vessels are anchoring. 3. While vessels are anchoring at seaports or harbors, if their foreign crewmembers or staff have valid passports or crewman's books and their names inscribed in the lists of the vessels' crewrnem.b.e.rs, tbey shall be granted permits to go ashore or move to other foreign vessels. "Tl1e permits shall be granted and fee collected by Border-.Guard Stations under regulations of the Finance Ministry; such permits shall be valid tor a single time while tl1e vessels anchor at seaports. •· The permitted duration for going ashon.-: is between 7 and 24 hours within a day. In case of sigt1t-seeing, tourism, medical treatment or emergency, this duration may be extended on a case-by"case basis. The permitted area to go ashore: Within the terrltories of the provinces or centrally-run cities with seaports where concerned vessels anchor. If going beyond this area··to .other provinces or cities or leaving Vietnam b{a'r;., lc lnd or railway, they must acquire approv~I ~nd peimits from the Public Security Ministry (the f~,f,'ll igration ag0ncies at different levels). ·.": .. ··,·(, ·. Foreign crewnj~rft-b!i¼;.~.- and employees committing acts of violatidgVi~tharnese legislation during the time th~- ~~~s'~-f~: are anchoring at seaports shall· be bat)n~d:ftcnti. going ashore. ·>. . .. ·.: ./ .·· .... · ~ Foreign qrew.m~rtib~fa'eah:d etnployees going ' .. . . . ,. ~--- .. · : . . . . . ,. ashore, if violating ,r,egol~tions, shall be handled under Vietri'?tfl)eS.{l>la.w provls\orys: ··ru. MANAGEMENTANOd?ROTECTION OF ·- " . si:f,{e'oR:e·eRiONES : .. ; ' . ·. :"; -: . ·.: .-.'...' . : ,· '. : : .-··.·, .. · . 1. The Governm~nt$haffdirect the management . a~d protection of natronal sea border and the maintenance o1 security, social order and sa1ety sea border zones; the Border Guard shall act as the spe cia! ize d force, ass urning the prime responsibility for, and coordinating with the military, police, coast-guard and customs forces as well as relevant forces in localities under their management in, performing the following tasks: Carrying out synchronously professional border protection measures in communes; wards and townships within the sea border zones in order to.firmly grasp the situation and manage the areas as well as concerned subjects, and rnaintain security, social order and safety. OFFICl/~L GAZETlE Patrolling and controlling to detect, prevent, arrest and handle Vietnamese and foreign individuals and organizations that violate Vietnamese laws or international agreements which Vietnam /las signed or acceded to. Registering, managing and inspecting peop(e and vessels on entry and exit of harbors and anchorages for business, production E1-nd other service activities in the sea border zones. Managing and maintaining security, order and safety of Vietnamese and to reign ves$els at harbors and anchorages in the. sea: border zones. 2. The building o{popqfatlonquarters and vessei anchoiages; tile building : of seaport p rejects and economic zones•injointve'nture with foreign parties; the exploration•anct:e>qJJoifcltionof natural resources in sea border zoriasrhust be planned and agreed upon by the' rnanagi'ng agencies, the provinclal­ levet local admini,strat,idns, the provlndaf Border­ Guard Gomniancts, 'the provincial Police Directorates and relevant bra,nches b~fore they are submitted to competent authoi"ities for approval. The owners of:the above-men1\oned projects, when implementing ,them, must notify them to the provincial People's Cornn,ittees,and·Border-Guard Commands of the concerned localities as we!\ as the concerned branches at least? days in advance. 3. Within the sea border zones, other agencies and forces shall operate according to theif functions, tasks and powers prescribed by law; and at tile same time, have to coordinate wltll the Border Guards in managing and defending the national sea border, maintaining security, social order and safety in the sea harder zones according to tile regulation .. on oporation coordination among verious forces, 4. People and vessels operating in the sea border zones must operate for the right purpo,;c:;, within the ri9ht scopo and time, follow tt1e ri9ht route:.: nrrd respond to slgna\s as well a:, reque~,ls of tl1e patrol and control forces, and submit to inspection and control by the Border Guards, the Coast Guards, the Customs and other functional forces under law provisiomi. 5. Vessels of forces, when performing sea patrol and control tasks, must ho\st Vietnam's national flag at the highest position, and pennants at the front of their vessels; officio.ls and employees of the functional branches on duty must wear uniform, badges and control plates as prescribed. 6. While on duty; the Border Guards and other functional forces shall have the right To requisition infonnation and communication means, transport means, including U:ie means operators, of the State agencies, economic and social organizations and individuals; in necessary cases, except for means of foreign agericles, organizations and individuals entitled to diplomatic privileges and immunities under the provisions of Vietnamese law and international agreements which Vietnam has signed or acceded to;· To organize, mobilize humansand means for the performance of the tasks of, and participate in, search and rescue. To arrange forces and means, apply professional measures, use assorted devices; weapons, gears, military techniques and support tools,and organize mobfle patrol and control teams order to inspect and control activities at people and vessels in sea border zones. fl..gencie$, o~gani-z.-ati'vns ?tn-d ti\\!\uuals, when mobilized by competent agencies, must obey and comply wit/1 the command and control by the commanders of those agencies . ·While performing their tasks, if the mobilized people die or arc injured, they themselves and their fammes shall be entitled to the State-proscribed regimes and policies: if the rnobilized means are da1'nagcd or \osl, \heir own0r~: ~h~I! r>nirw No, 09 (06--7.,2004) OFFICIAL GAZEl"lT.: compensa\\on under law provisions. 7. Hie functional agencies shall coordinate with the provincial Border~Guarct Commands and provincial Police Directorates in advising the provincial-level People's Committees to decide on: ~ Marketplaces. The establishment of harbors and anchorages for vessels. The internal rules for ha r~ors and anchorages. "The establishm:ent of boards·tor management and protec1ion:of harbors and anchorages. When anchoring at harbors or anchoragec, vessels. wust strictly comply with the set rules .. IV.' J~:FJL.SM~.NTATION·()RGANIZATION LThis Ci~c:o!ar takes effec1 15 days after Its pub/icatidn in:th~ Qffipial :<aaiette. : . 2. The Border.'1uanf High Command shall organize the dissem\l'l:at\orr6t\his Circu\ar ano Wte Governri1~~t;~1Decre~iN&it61}~fo03/ND-CP on Sea Border Zdne,H~gulat16n-t6 tti~ Border-Guard units and conc'erned:,a.gertCles Jor' impleme nta tlon ·. thereof; and ·hive fo monitor; urge and examine such irnp!ernentation. Annually, 1I,ey ~,I 1all also have to review the implementation and report on the irnplernentat/on results to the Defense Ministry. 3. The Border-Guard High Command shall assume the prime responsibility for, and coordinate witn ~ne Oe~ense Ministry's Finance Department, the functional agencies of the Finance Ministry and the Ministry of Planning and Investment in, studying,be1ore.submitling to the Defense Ministry and the Finance Ministry, amendments and supplemer'.lls to Joint Circular No. 3729/2O01/TTL YI BQP-BTC of Novernber:29, 2002 of U1e Defense Ministry and 1he Fihar:\b'~ Minis1ry guiding the , expe~·ditu,re contents and 0 managenient of -th~ budget for the managi·:i11:~nr and protection of national borders and 'the rnairit~na:nce of security, . -social order and safoWiri'.t.h¢ $~a border zones. !n the course of imp1e:~~nta.U~~. if any problems . arise or admih istrat[ve b'durictari~s or:the provinces' districts, 60mrnun~s andldr'lv~rds a.djacent to the sea are a.dj:ust~·d/ th~ Borde)t-Guard High Command shall have to sum .LIP; rnake suggestions and.·re port 0~ -th~ sit~a tiofl to theJ)efense Ministry. : Ministe~:-of Defense ·Gen~ratf'HAM VAN TRA