Decree No. 140/2004/ND-CP detailing a number of articles of the Law on National Borders

O!TICll\L. G/\ZE:'f 11: THE GOVERNMENT DECREE No. 140/2004/ND-CP OF JUNE 25, 2004 D'cl'A\L\NG A NUMBER OF ARTlCLES OF THE LAW ON NATIONAL BORDERS THE GOVERNMENT Pursuant to the December 25, 2001 Law on Organization of the Government; Pursuant to th~ June 17, 2003 Law on National Border.,.; At the proposal h(the Defense Minister, ;Chapter I GENERAL PROVISIONS Artie I e 1.- Re.Qiilation. scope This Decree details a number of articles of the Law on National Borders iegarding the building, management and prbtection of borders, border regions ano \he respbns1blllty tor the State management over the national borders of the Socialist Republic of Vietnam. Article 2.- Subjects of observance of border legislation Vie1namese and foreign agencies, organizations and indiv)duals, whose lite or actlvitles are related to nationa.l borders and border regions, have the responsibility toobsefve tt,e provisions of the Law on National Borders, this Decree and other Vietnamese law provisions; whore international agreements which Vietnam ha,: :,lgned or acceded to otherwise provide for, suG11 international ,t(J1uu1r1onb r.,hall apply. Article 3.~ National borders 1 . The 11ctllonal borders of the Soc\allst Heµublic of Vietnam are lines and the vertical µlanes along those lines, used to determine the territorial boundaries o1 the mainland, islands, archipelagoes including the Paracels and the Spratlys, sea areas, underground areas and air space of the Socialist P.epublic of Vietnam, 2. The !fnes prescribed in Clause. 1 of this Article cover the national borders onJand and the national bordE¼r nn ~Pa. 3. The vertical planes prescribed in Clause 1 of this Article comprises the verti.cafplanes along the national land border,.alongthi'n21tioria.lsea border down to underground areas a,nd upJo the air space. Article 4.-The nationatlandborders The national land bOrdersbetween the Socialist Republic.of Vietnam and'ihH~eighboring countries are determined by. sy.stf.l~s of bord.~r-Jnarkers posts, the agreement~ ,Oil border delimitation ' . , .. : !-' .. between Vietnam and the neighboring countries together with maps and the protocols enclosed with such agreements. A1ticle 5.-The national sea borders ·1. The national sea borders are the outer limits of the territorial sea of the mainland, the territorial sea of islands, the territorial sea of archipelagoes of Vietnam. At p)acos where frie lerrnor'1al sea, lnternal waters or tile l1istorical waters of Vietnam nm adjacent to the territorial seas, internal waters or U1e historical waters of neighboring countries, the national sea borders shall be determined according to \he international agreements which Vietnnm has signed with (;ucti neighborinn countries. Nos 1 o-·i 1 (08··7•-2004) OfHCl/\1.. GAZErrr 2. Tho national sea borders shall be determined and marked with coordinatris on sea char-ts under tho provisions of Vietnamese laws and international agreements which Victnarn has si[~nod er acceded to. Article 6.- Territorial sea 1. The Vietnamese territorial sea is a sea area stretcl1ing i 2 na.utical miles from the baseline outwards; where the international agreements which Vietnam has signed with neighboring countries o1herv,iise provide for, such international agreements shall apply. The Vietnamese territorial ~ ·/ . . ss-a covers: a) The terdtorial sea of the mainland; b) The: territoriaL sea of islands, the te rrltorial sea of a~ChJpelago.es of Vietnam. 2. The ;§odalist Republic of Vietnam shall exercise.-b~(f~U an<:1-intf)gral sovereignty over her territorial sea as Well a,s air space, sea beds and underground areas under the sea beds of the te rritoriaf ·seas. . .. .. . 3. Foreign vessels passing by must not cause harm in th~ Vietriainese territorial sea, must not harm peace, Security, order and/or ecological environment ofthe Socialist Republic of Vie1nam as provided for by Vietnamese laws and international agreements which Vietnam has signed or acceded to. Article 7.~ The outer limits oi 1he contiguous zone, the exclusive economic zone, the continental shelf 1. The outer limit of the contiguous zone is Uie llnewith each pointbeing equany 24 nautical miles away from 1he nearest point of ttw baseline used to calculate the width of the territorial sea. 2. The outer limit of the exdusive economic zone is the lino with each point being 200 nnulical rniloi; away from the nearest point of the lxi.seHne used to calculate the widtll of the territorial sea. 3. The outer limit of the continental shelf is the outer rim of the mainland edge. Where the outer rim of tt,e mainland edge is Jess than 200 nautical miles away from the baseline used to calculate the width of the territorial sea, the outer limit of the con\ en\a\ she\1 in t'rlese places s'nall extend to 200 nautical miles. 4. In places of the contiguous zone, the exclusive economic:zone, the continental shelf of Vietnam, which are related tq the contiguous zones, the exc(usive ecorn.,;ci,iczones-und the continenta! shelves of neighboring 'CQunfries, the outer limits of such zones are dete~mit19d $.ccording to the international agreenients s@nE!d between Vietnam anc:I those neighboting, countries. 5. The outer limits of contig·uous zone, the exclusive economicion~orilie continental shelf are determined and r:narked with coordinates on sea charts according to ViE!tnamese laws and international agreernents, which Vietnam has signed or accedeo to. Article 8.- Bordeuegiohs 1. The scope of a Jan'd border region is calculated from the national land border to the administrative bounda.rles of communes, wards, district townships which have part of their administrative boundaries overlap the national land border. 2. The scope of a sea border region is calculated from the national sea border to the administrative boundaries of coastal cornrnunes, wards, district townshlps and islands as well as arch i pe Iago es, 3. The lists of communes, wards, dlstl'ict townships in tho land border regions, the sea bordor refJions arc prr,scri!JGd in the Cnvr,n1mPnf'•~ OFFICIAL GAZETT[ decrees promulgating the Flegulations on border regions; in case of changes in the administrative boundaries of the communes, wards or district townships in tl10 border n.:gions, they shall be amended, supp le me nted appropriately. 4. All activities of people and means; the management and protection of the border regions as well as the maintenance of security and social order and safety therein shall comply ·with tt1e Decrees promulgating the Regulations ?nborder regions and other relevantlegal documents. C/1apter~1 BUILDING, MANAGl;ry'IENT AND PROTECTION OF NATIONAL. B<J:R'ol€Rs AND eoROER .. . ~-- . . , . , REGJONS Article 9.-Construotion. of. border works 1, Border. vvorksrsh~l I be prioritized with investment in their consfructlon aecordihg to plans; including works to fix the borde'r \ines:•,and works ·in service of managemept and: prote ction of the national borders .. · · .. ' 2. Works to fix the national border lines shall be s\z.es, sigm>;, inscription~, and colors as prescribed. 2. Upon detecting or receiving reports that border marker posts are damaged, lost, wrongly located, the neamst borderguard posts must carry out necessary procedures to tal<e 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 prnvisions· of Vt'e~nameise i~ w and international agreements alrea·dy signed with neighboring countries . Article 11.- Socio-economiq devaJoprne n t investment in border regions·, 1. The inYe$tment . iri. s91fo~economlc development and c◊nstr,uctlp11 1n' border regions shall be effected in accordance with the State's undertaking, strategy,:plahning ano,plaktor socio­ economic development (11 each'period;in order to raise 1he ma1erial and splrituaiilte,pt people and planned by ministries,' branches, provincial/ .· combine the development with d~ferise and municipal People's Committees and sub,nitted to security enhancement. 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 tor 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 bordm lines on the field and shall be preserved and protected to koep tt1eir rigf"lt positions, shapes, 2. Annualiy, the concerned mlnlstries, the ministerial-level agencies, the Government­ attached agehcies 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 pf ans for materialization of strategies on- socio-economic development and defense as well as security enhancement in the border regions, Article 12.~ Building up the wassroots political Nos 10-11 (08-7-2004) OFFICII\L GAZ Ell 1~ systems in t~1e border regions i. llle 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 grassroo1$ officials in the border regions shall be rec'rctited :and fostered to raise their Jeadin~ and managerial qualifications suitable to the requirements of socio•-economic development, :tjefense anc! security rt1 .:f :-itena nee; priority shall be g iv~n to training and fostering ethnic m1nor1!y-·offjo1al s and .officials moving from delta regions torlo0g~terrn working ln border regions. . , . . . . .· 3. -Tht/ .Ministry of Home Affalrn and the Nationalify Committee shall, within their respective fu net ions' . ta~k; and. power;'. Bss~me the prime responslbiifty for; 'a"i-idcC>ordlM~te with the Defense . '. .., ... ,· .... Ministry as well as<lhe' conc emed ministries and branche:S:in; . sludying and proposing"plans on b ui I ding' the grassroots pofiti~ai sysfoms, tralni ng and fosteririg of the contingent of offlcials of each border region for submission to \he. 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 socia .. econornic development, the natural conditions, nature and characteristics of eacl1 region, each ethnic group, each locality; on rational mobilization and use of labor to create material wealth and commodities in se(iiice of consumption and export and to meet tho mqu\rements of building, managing and proteclin9 the national borders and bc>l'der regions. 2. ll1e State st·1all adopt proper policies fo1· people to settle down in the border regions; encourage officials to work for a long time and peoplo to voluntarily settle down in border regions, parti(;u/udy difficu/ty-l1it areac;. 3. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with relevan~ 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 EnUrF,i•Population Borderguard Day 1. March 3 every year i~. ta.ken as the Entire­ Population BorderguardD~y for-a.nnual observation nationwide. Contents·of aCti\titf~s- sha·u cover: a) Education in th~ "leg;$1ationon national borders, the re$pect, tor bIJrder·s ~nd territorfal sovereignty.the mmse of responsibility of all levels, branches, officjals-and emplpyeesof agencies and organizations, armed force :bnfoers and combatants and of the entire bopqlafioh; particularly officials and emp!oyees of agencies and organizations, armed force officers:·: and combatants, administrations and pe6ple in the border regions in building, managing and protecting the national borders, border regions. b) Mobilization of branches and localities to 1urn to the borders, to actively participate in building up the allround potentials in the !)order 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 sa~ety ·1n the border reg'rons. c) The building of tl1e borders of peace, friAncliJ1ip, and lonq stabilitv with tho nFiinhhnrincf countries, coordination of both sides on the bordcn:-:. in managing and protecting the national bordori, and preventing and combating crin1es. 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 guidanc-.e of the Deten.se 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 p rotectiQn. and the• entire-population border protection dispositicm 1. The entire-population border protection and the entire-popu\ ation .border protection disposition shall be firmly built up onthe basis of building of the political system; the socio-economic construction and development; the enhancement and consolidaticin of d~fense· 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 1he entire-population border protection disposition are built up in combination with the entire­ po p u lation defense, the enti re--popula 1/o n defense disposition and the people security disposition. :3. The heads of all levels, LJrandies and localities have the responsibility to organize the building of the entire--population border protection, the o nti m-pop u la tion border protect/an cl ispositi on under the guidance of the Defense Ministry. 4. lhe Border Guard Command shall hnvc the m:.,pon:-;ibilily to advise the D0fenso Ministry and ouide the levels, branches and localities on imp Io men ta tion organ I zatio11. Article 16 ... Building up core and specialized forces for management and protection of national bordern 1. The border guard torce 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 o.f national border ·management and protection in all circumstances. 2. The Defense Ministry shall assist the Government in performing the S~at~ ·management over the building and operation of the bQrder guard force. The Border Guard Command Bhan directly . . manage, command and build the border g1Jards for performance .of the. functio11 and tasks of managing and protecting th~ . nation a I borders; maintaining security as: Wt311 ~s social order and safety in the border regio·ns according to law provisions. Article 17.- Managemen·t 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. z The national borders, the natlonal border marker posts and the border regions shall be mana9ed and protectt::;d according lo the Law on National Borders, this Decree, the decrees roga.rding the Hegulations on border rngions, Nor; 10-11 (08··7-2004) regulations on border gates, a~110orne11t,; on national border regulations, othor legal documonts and the relevant international agree1rnm1s wllich 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 0r alteration of nati9na 1 border lines. Article 19.~ Responsibility for management and protectio·1t of Jhe 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 entlrepopula1ion and constitute the direct and constant responsibilities of the administrations and people in the border regions 2. Agerfcies, organizations and individuals have the obligation and responsibility to respect the national bo'rder lines, to strictly observe and implement the legislation on national borders; to actively participate in the protection ot national borders, the maintenance ot security as we-I\ as social order and safety in tt1e border regions; to coordinate with ami assist the border guards in preventing and eombat g ac\s ot 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 b·orders: the people's armed force units rnust base themselves on the functions, tasks and powers under t110 provisions of the Law on National Borders and law provisions on Hie national borden;. 4. The IJordor qu£Hds constitute tlw core and spocialimd force, assuming Ille prime responsibility for, and coordinating wiH1 the People's Security forco, tile conGerned branches and !ocalilfes in, e.ctlvities of nu:1.ne.ging and pruieding !ho natic,nal borders, maintaining security as well as social order and safety in the border regions. 5. l"he navy, tl1e Coast Guard force shall have to coordinate wi1h the border guards in managing and protecting the national borders on the sea. 6. The air-defense and a:ir force units shall have the responsibility to manage and protect the national borders in the air and coordinate with the boi-ci0r 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, 1he alr~defense and air force units in protecting the :nationaf borders. The Defense·Minls,try sha,Hpresctibe the specific scope o1 responsibility . and ·. r~gulatio n 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 a:nd air routes for transit shall comply with the provisions of Vietnamese law and international agreements signed witt1 neighboring countries. 2. The entries, exits, importation, exportation, transit and national .bordor c:rossings by residents in border regions at border gate meas shall comply with the border gate regu\aUons pref,cr\bed by t11e Government and relevant logisilltion. Article 21.- Control and R.~~L 1r~1t,c(-' nf <:::Ant 1ritv OFFICIAL GAZETTE 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, rai I way border gates, intemal water border gates in the bprder regions, ... · maritime border gates (seaports), the Border ct) The regimes and policies on 0nsuring national defense and security in the border regions. 2. The ministries and branches shall, within their respec1ive 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 tor decision. Article 23.~ Financial sources for the building, management andprotection of the national borders and border regions 1. The financial souJc~s for the building, Guards shall assume the prime. resp.onsibility for, and coordinate with the concerned forces in, .-1ianaging ctnci protecting security, social order and tna:n'agement and protE:ttkm otthe national borders safety in the border.gate.areas. afrd border regions shall incluqe the State budget . . . socirCes (central bUdg.et and .local ·~.udg·· .. ~ts} and b) At the airway bdrdef gates,the security .·· agencies of the :Ministry qf Public Security shall ... · other.law-prescribed revenue ;Quroe§; .. · 2. TheState budget sour6(ls fortheibJiic::fing, assume the pr(rhe resp6nsibUity for, and coordinate with the concE!rhed. agencies in, managing and pro1ec\ing s~cUrlty, social Order ancFs~tety in the border-gate areas. 2. The functional State management agencies at border gates··shall .. performdhelr 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 shalt include: a) The regimes and policies towards people directly engaged in or participating the building, management and protection o1 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 renions; ma na.ge me nt and prot~ction o'fthrn1ationaJ botclers and botder regions sha.n cover: : .·· · a) The socio~ec'bn()j"nic ciofrst:;uct.ion and . development.in the bort:1el'regiOns; . ; .· .. / ,. b) fhe building of border:work:5; > c) Activitlei of. man aging and protec.ting the bQ rde rs, ma i nta!n in,g •··, sect1 rfty,. socia (order and . safety in th~ bordenegiohs; . . d) The reaJiz~tion ~f. regimes and policies towards people directly enga.ged or participating inJhe building, managementand 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 st1all 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 en.',urn the tasl<s of OPFICIAL GAZElTL building, tnanaging and protecting Uw national co0rdindlt:1 witll tl'te conc<uned minishic::s and bordrirs and border regions, which are performed branch(~S in, dmning legal documents on borders, by localities. policies towards the border-managing and Article 25.-- Estimating and settling budgets for building, managing and protecting the naHona\ borders and border regions protectinq forces ,rnd submitting them to competent autt1oritics for decision and to promulgate documents guiding the implementation thereof; The estimation, implementation and settlement ensuring the concentrated and unified command:, of budget expenditures on the bul\ciing, · to provide trainings and fosterings in order to raise management and protection of the national borders.. thelr professional; military, legal and external and border regions shall comply with the provisions of the State Budget Law. 6. To build tho Border Guard into a strong force, Chdpter ill .. · . . ' Slli."fEMANAGEMEN1' OVER NATIONAL ·. BORDERS ArtiC.lfJ;26~-:- ResponslblUtles o( th-3 Oe.(~nv,,,~ . . ,·-: , relation levels in order to perform the core and specialized role. of managing and protecting the national borders, marntaining security s.ocial order and safety in the border regions; 7. To conduct sdentifio and technological research and applio~tion in .. servi9e of national­ border management and ~rqt~c\ibn;to propose the Ministri1. < · · · ··•·· · · 'r . .. · · · . · · ·· · . · . fix the national borclers, wprM in seJVice of national Government to direct the construction of works to 1. To a;sume the prim~ responsibility for, and border nianagemerit ~hd protection; to invest C<l<m'lw.ate, W\~h ~ne Fore\gn M \s\ry, tne Pub))c funding ;;lnd technioal means and equipment for Security;Ministry In, guloing and directing th~·.· the national-border managing and protecting provincrailrnuni¢1pal Pe<t>plEfS c,ommittees to . forces; · perform the State mana~~ment ovet th&T\aUona\ .,",': borders; . · 8. To or9anize preliminary and final reviews of · : the management anti: protection· of national 2. To coordinate with the FQteignMinistry in borders,.the maintenance of security, social order per~o\"ro g the tasl<s otnego\iating on se\\\ement and safety in the border regions and the of border and territorial issues; implementation of regimes and report them to the 3. To assume the prime responsibility for, and Government atid notify the concerned ministries coordinate with the concerned ministries and • and branches thereof; branches in, studying and · proposing the 9. To assume the prime responsibility for, and elaboration of, and directing the implementation of, coordinate with the ministries, branches and bon:\er strategies and policies; localities in, props.gating and disseminating 4. lo assume tl1e prime responsibility for, and legislation on national borders; to conduct coordinate with the Public Security Ministry in, examination and inspection; to settle complaints performing the tasks of managing and protecting and denunciations emd handle violations of the the national borders and maintaining the security, legislation on management and protection of social order and safety in the border regions; national borders; fi. To assume t11e prime responsibility for, and I 0. To eftect international cooperation on border OF!:Jc;rAL G/\Z:LTTL f\lOS 10--1"1 (0f3-J.~.(!J04) protection work and cany out work of bu1·dcr protection-· related i~xternal re/a lions 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 coord"1nate with m \strles, 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 Defehse Ministry as wellas the concerned ministries and branches in, assisting the Government to determine the national borders, sovereignty, sovere ign rights of the Socialist Republic of Vietn~m 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 countrfes; 3. To coordinate with the Defense Mlnlstry ln directing and gulding{he 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 o1 branches or localities, which are related to the sovereignty and sovereign rights of the Socialist Republic of Vietnam on land and sea, in the ait', on islands and continental shelf; 5. To coordinate with the Defense Ministry in traininq, fostering and guiding Hie border guards on legislation and inrernationa! aweements on n a tiona I-bo rde r tr1i:1nage me nt and protection, externc1I relation operations and .settlement of cases relatod to borders and fOl'eign8rs. Article 28.- Responsibilities of the Public Securi\y 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 crin1es and other !aw-breaking acts in the border regions; 2. To assumethe prime responsiblllty 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' th·e task oi mimaging 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 professronaf fevefs of protectf ng the security, socfal order and safety for specialized national border­ managing and protecting forces; 4. To coordinate with the Defense Ministry in exchanging ideas on situatiori; reaching agreement on undertakings to direct the struggle to prevent and combat crimes arid other !aw-breaking acts related to security, social order and safety in the border regions; 5. To effect international cooperation in the field of national security, coordina1e with the Defense Ministry in effecting the porder security cooperation. Article 29.- Responsibilities of the ministries, rn in iste ria 1-1 eve I agencies, Government-attached agencies Within the scope of their respective tasks and powers, the ministries, rninisteriaHevel agencies and Government-attached agencies shall have to perform, and coordinale with the Defense Ministry, tile Foreign Minir~try and tl1e Public Sr.:icurity Min(stry in performing the Sta to management over national Nos i0"11 {08--7• 20(M} borders according to law provi8io11.s A1ticle 30.-- 11espons\bi\i\y of \he gorder Guard 1. The Border Guard Coinrnand /las ttw responsibility to advise the Oe(enso Ministry on the management and protection of the national borders, the maintenance of security, socia.\ 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 regibf'.lS as well as the maintenance of security, sociaforder and safety in the border and border gate areas, the Border Gua~d Com~and may take injtiative in reporting to and directly contacting the functional bodles of the Party, the State, the concerned ministries and branct1es, the provincial/municipal People's Committees, the .. .. border-protectf ng forces or. admi n /strations of the . . .. . adjacent: ~oun.tries for exchange of ideas on seUlement and at the same tirne 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 fn the border regions artd at border gates; 4. The Border Guard may deploy forces and appropriate means to perforrn the function and tasks of managing and protecting the national borders, maintaining security, social order and safety 'rn the border regions and at border gates; to examine and control border crossings, entries into, and exits frorn, 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 tho work of border protection-rela1ed external re\at\on,,, \c1 e11oet combat readiness against armed confUcW and a~mress·1ve wars according to Jaw pmv·1tf1ons; G. To mrnunie !lie prirne responsilJi/ity for, and coordinate witli the armed forces and concerned branches in, advising the Defense Ministry on di rocti n g the 11uildi ng of the en Ii re-pop I J IA.tio n border pro tc ctio n and (he en tire-population border protection disposition. Article 31.- Responsibilities ot the People's Committees at a\\ levels in areas where nat'1onal 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 M'1n·1stry 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 0 population border protection disposition in their respective localities; 3, To forrnufate plannings on population arrangement, infrastructure construction, .production reorganization in the border regions; to combine socioaeconornic and cultural development with the consolidation of national defense and securi1y 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 E:illd social development for every sub-region, creating econornic a.nd soc/al improvement ln the border reaions: OFFICIAL GAZETTE No~ 10· ll (0t-7•-2004) b) Mobilizlng enterprisec; operating 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 propaga11on, 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 lnternetlonal agreements on borders. : . : Article 32'.·.-·H~sponsibjjities of citizens AU Vie1name$e citizens· have the responsibl\ities and obligations to pr.otect the national borders of the Socialist Reputi'Uc o1 Vietnam, to build up the border regions, to maihtain security, social order and safety inJ~e border regions, lf detecting acts of encroaching upon b,orders, undermining security, social order and.safety in the border regions, they must report them to the-nea"resfborderguard posts, local administrations or .State agencies for timely notification to the BO~der Guard for :h~ndling according to law provisions. Chapter IV IMPLEMENTATION ORGANIZATION Article 33.- lmplementation effect This Decree takes implementation effect 15 days after its publication in the Official Gazette. ·A,tfcle 34.- Implementation guidance The Defense Ministry shall assume the prime responsibinty tor, and coordinato witl1 the concerned ministries in, elaborating guiding documents and lnspect g the implomenta\iori of \hit, Decree. Article 35.,. lniplementation nH,ponsibility The m!nit,ters, the heads at Hie rninisterial-leve! agencies, the heads of the Government-·attacl'1ed agencies and the presidents of !110 provincial/ municipal People's Committees shall have to implement this Decree. On behalf of the Government - Prime Minister PHAN VAN KHAI