Vietnam: Is border construction one of the contents of state management on national border?
- What are the prohibited acts in Vietnamese border?
- What are border constructions in Vietnam under the Law on National Border 2003?
- Vietnam: Is border construction one of the contents of state management on national border?
- What are the regulations on financial sources for the building of border constructions in Vietnam?
What are the prohibited acts in Vietnamese border?
Pursuant to the provisions of Article 14 of the Law on National Border 2003, it is clearly stated as follows:
Prohibited acts:
1. Displacement or vandalism of the border markers; falsification or deviation of the national borderline; deviation of natural flow of rivers or streams at the border; destruction of the border markers;
2. Disruption of social security, order and safety in the border areas; illegal residence or cultivation at the border areas; destruction of the border works;
3. Exhaustion of water resources, causing flood, environmental pollution, violating natural resources and national interest;
4. Illegal crossing at national border; smuggling or illegal trafficking of goods, money, weapons, drugs, dangerous substances, flammable substances or explosive substances across the national border; transport of harmful cultural products and other commodities prohibited by the Government from import or export across the national border;
5. Flying into no-fly zones; propelling, ejecting, releasing or carrying across the national border in the air flying vehicles, objects, substances that harm or potentially harm national defense, security, economy or health of inhabitants, environment, air safety and social order, safety in border areas;
6. Other acts violating regulations and law regarding national border.
According to the above regulations, the above acts are strictly prohibited within Vietnamese borders.
Vietnam: Is border construction one of the contents of state management on national border? (Image from the Internet)
What are border constructions in Vietnam under the Law on National Border 2003?
Pursuant to the provisions of Clause 6, Article 4 of the Law on National Border 2003, Border constructions are clearly stated as follows:
“Border constructions” refer to constructions reinforcing the national borderline and construction serving the management and defense of national border.
At the same time, Article 9 of Decree 140/2004/ND-CP clearly states about the border constructions as follows:
- Border works shall be prioritized with investment in their construction according to plans, including works to fix the border lines and works in service of management and protection of the national borders.
- Works to fix the national border lines shall be planned by ministries, branches, provincial/municipal People’s Committees and submitted to the Government for decision.
- Works in service of national border management and protection activities shall be planned by the Defense Ministry and submitted to the Government for decision.
Vietnam: Is border construction one of the contents of state management on national border?
Pursuant to the provisions of Article 35 of the Law on National Border 2003, it is clearly stated as follows:
Article 35
Contents of state management on national border include:
1. Develop and direct implementation of strategy and policies regarding the national border;
2. Promulgate and implement legislative documents regarding national border, policies and regimes regarding construction, management and defense of the national border;
3. Negotiate, sign and implement international agreements on national border;
4. Publicize, popularize and raise awareness regarding national border laws;
5. Decide to establish border constructions, socioeconomic constructions in border areas;
6. Conduct research, apply science and technology serving the construction, management and defense of the national border;
7. Develop primary and specialized force; train and improve expertise and operation regarding management and defense of the national border;
8. Inspect, examine and handle complaints, accusations and take actions against violations regarding national border;
9. Participate in international agreement on construction, management and defense of the national border.
Accordingly, the decision to establish border constructions is one of the contents of state management of national borders.
What are the regulations on financial sources for the building of border constructions in Vietnam?
Pursuant to the provisions of Article 23 of Decree 140/2004/ND-CP, it clearly states the financial sources to ensure the construction, management and protection of national borders and border areas as follows:
Financial sources for the building, management and protection of the national borders and border regions
1. The financial sources for the building, management and protection of the national borders and border regions shall include the State budget sources (central budget and local budgets) and other law-prescribed revenue sources.
2. The State budget sources for the building, management and protection of the national borders and border regions shall cover:
a) The socio-economic construction and development in the border regions;
b) The building of border works;
c) Activities of managing and protecting the borders, maintaining security, social order and safety in the border regions;
d) The realization of regimes and policies towards people directly engaged or participating in the building, management and protection of the borders.
Accordingly, the financial source to ensure the construction of border constructions is taken from the State budget sources for the building, management and protection of the national borders and border regions.
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