Vietnam: After obtaining written opinions of the Ministry of National Defense, Ministry of Public Security and Ministry of Foreign Affairs, which entity has the authority to 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 of Vietnam, which entity has the authority to determine the scope of the border belt in Vietnam?
- What are the cases of suspension of activities in land border areas of Vietnam?
- What are the prohibited acts in land border areas of Vietnam?
After obtaining written opinions of the Ministry of National Defense, Ministry of Public Security and Ministry of Foreign Affairs of Vietnam, which entity has the authority to determine the scope of the border belt in Vietnam?
Pursuant to the provisions of Article 11 of Decree 34/2014/ND-CP:
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 report special cases to the Prime Minister for consideration and decision.
2. Persons specified in Clause 1, Article 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, Article 5 of this Decree must have the papers specified in Clause 1 or 2, Article 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 of lists of their people and vehicles involved in, and duration and scope of activities in the border belt.
According to the above regulations, 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 report special cases to the Prime Minister for consideration and decision.
After obtaining written opinions of the Ministry of National Defense, Ministry of Public Security and Ministry of Foreign Affairs, which entity has the authority to determine the scope of the border belt in Vietnam? (Image from the Internet)
What are the cases of suspension of activities in land border areas of Vietnam?
Pursuant to the provisions of Article 10 of Decree 34/2014/ND-CP:
Suspension of activities in land border areas
1. Areas subject to and cases of suspension:
a/ Areas in which a border or territory dispute occurs, threatening the sovereignty and security of the national border;
b/ Areas in which an armed conflict, robbery, terrorist action, riot, intrusion, kidnapping or serious security and order disturbance occurs;
c/ Areas in which a natural disaster, mishap, epidemic, chemical or radioactive incident occurs, threatening to cause damage to the community or cross-border transmission;
d/ Upon receipt of notices of the Government, local administrations or border-guard forces of neighbor countries on suspension of traveling across the border.
2. In order to ensure safety for lives and properties of people, prevent natural disasters, fires, floods, epidemics 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 areas or cases specified in Clause 1 of this Article.
3. Persons competent to suspend activities in land border areas are prescribed as follows:
a/ Commanders of border-guard posts may decide to suspend for no more than 12 hours activities within the border belt in localities under their charge and shall report the suspension to the chief commanders of provincial-level Border-Guard Commands and concurrently notify such in writing to local district- and commune-level People’s Committees and related agencies in land border areas as well as local administrations and border management and guard forces of neighbor countries;
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 concurrently notify such to provincial-level Public Security Departments and border management and guard forces of neighbor countries;
In case chief commanders of provincial-level Border-Guard Commands find it necessary 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 Committees to decide to prolong the suspension for another 24 hours, and concurrently notify such to provincial-level Public Security Departments and border management and guard forces of neighbor countries.
4. Competent persons specified in Clause 3 of this Article shall notify in writing to the Ministry of Foreign Affairs for coordinated handling when necessary, take responsibility before law and immediate superior agencies for their suspension decisions. Upon the expiration of the permitted suspension time limit or when the above occurrences are over, they shall issue decisions to cancel suspension decisions, notify such decisions in writing to related agencies, border management and protection forces of neighbor countries and announce them on the mass media.
Thus, cases of suspension of activities in land border areas are as follows:
- Areas in which a border or territory dispute occurs, threatening the sovereignty and security of the national border;
- Areas in which an armed conflict, robbery, terrorist action, riot, intrusion, kidnapping or serious security and order disturbance occurs;
- Areas in which a natural disaster, mishap, epidemic, chemical or radioactive incident occurs, threatening to cause damage to the community or cross-border transmission;
- Upon receipt of notices of the Government, local administrations or border-guard forces of neighbor countries on suspension of traveling across the border.
What are the prohibited acts in land border areas of Vietnam?
Pursuant to the provisions of Article 4 of Decree 34/2014/ND-CP, prohibited acts in land border areas are as follows:
- 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.
- Changing the natural flow, exhausting water sources of, causing inundation, flooding or environmental pollution in, border rivers and streams.
- Illegally inhabiting, exploiting forest products, exploring and exploiting minerals and aquatic resources.
- Traveling across the border for field or terrace field farming, hunting or cattle grazing.
- Burying corpses, removing graves; transporting corpses, remains, animals, plants and animal carcasses across the border without permission of competent Vietnamese state agencies.
- Making gunshots across the border, causing explosions, cutting and burning trees for land reclamation in the border belt.
- Shooting films, taking photos, recording sounds, surveying or drawing landscapes at places where ban signs are displayed in land border areas.
- Smuggling, illegally transporting goods across the border, committing trade frauds.
- Other prohibited acts prescribed by Vietnamese law and agreements on border regulations signed by the Socialist Republic of Vietnam with bordering countries.
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