When to restrict or suspend activities at border belts, border areas, border crossings at border gates, land border crossings in Vietnam?
- When to restrict or suspend activities at border belts, border areas, border crossings at border gates, land border crossings in Vietnam?
- How is the decision to restrict or suspend activities at border belts, border areas, border crossings at border gates and land border crossings?
- If the restriction or suspension needs to be continued, how is the decision to extend the restriction or suspension period made?
When to restrict or suspend activities at border belts, border areas, border crossings at border gates, land border crossings in Vietnam?
Pursuant to Clause 1, Article 11 of the 2020 Law on Vietnam Border Guard stipulating cases in which activities may be restricted or suspended at border belts, border areas, border crossings at border gates and land border crossings:
- Disputes over borders and territories; armed conflict; enemy infiltration; other activities threatening national sovereignty, territory or borders;
Occurrence of riots, terrorism, kidnapping hostages, arresting criminals with weapons;
- Preventing natural disasters, fires, floods and epidemics from spreading across borders;
- At the request or notification of the Government, local authorities or the border management and protection force of the country sharing the border about the restriction or suspension of border crossing.
Pursuant to Clause 2, Article 11 of the 2020 Law on Vietnam Border Guard stipulating cases in which activities are restricted or suspended at border belts, border areas, border crossings at border gates and land border crossings:
- In the border belt: exiting and entering the border belt, areas with epidemics, fires, floods, and risks of natural disasters; fairs and festivals; production, business, construction, exploration and exploitation of natural resources;
- In border areas: exiting and entering border areas, areas with epidemics, fires, floods, natural disaster risks; fairs and festivals; production, business, construction, exploration and exploitation of natural resources;
- Crossing the border at international border gates, main border gates or bilateral border gates, auxiliary border gates, openings.
When to restrict or suspend activities at border belts, border areas, border crossings at border gates, land border crossings in Vietnam?
How is the decision to restrict or suspend activities at border belts, border areas, border crossings at border gates and land border crossings?
Pursuant to Clause 3, Article 11 of the 2020 Law on Vietnam Border Guard and Clause 4, Article 11 of the 2020 Law on Vietnam Border Guard stipulating the decision to restrict or suspend activities in border belts, border areas, border crossings at border gates and land border crossings as follows:
- The decision to restrict or suspend activities in border belts and border areas is prescribed as follows:
+ The head of the Border Guard Station shall decide to restrict or suspend operations within the border belt under his/her management for no more than 12 hours and immediately report it to the Commander of the Provincial Border Guard Command; notify the local foreign affairs agency, the local administration at the district and commune level in the host country;
+ Commanders of Border Guard Commands of provinces decide to restrict or suspend operations in border areas under their management for no more than 24 hours and immediately report to provincial-level People's Committees, Ministry of Foreign Affairs commanders. Border Guard team; notify the Ministry of Foreign Affairs and the provincial-level Public Security.
+ In case the 24-hour time restrict expires, if deeming it necessary to continue restricting or suspending activities in border areas, the Commander of the provincial Border Guard Command is responsible for requesting the Human Resources Committee to Provincial-level people decide to continue restricting or suspending but not exceeding 24 hours and notify the Ministry of Foreign Affairs and the provincial-level Public Security;
+ The decision to restrict or suspend the provisions of Point a, Clause 3, Article 11 of the 2020 Law on Vietnam Border Guard and Point b, Clause 3, Article 11 of the 2020 Law on Vietnam Border Guard must be notified to agencies, organizations and individuals in the border areas; notify the border management and protection force of the country sharing the border.
- The decision to restrict or suspend border crossing at border gates or openings is prescribed as follows:
+ The head of the Border Guard Station shall decide to restrict or suspend the passage of the auxiliary border gate, the entrance of which shall not exceed 06 hours, and immediately report to the Commander of the Provincial Border Guard Command; notify local administrations at district and commune levels, agencies, organizations and individuals in border areas and border management and protection forces of bordering countries.
+ The Commander of the Provincial Border Guard Command shall decide to restrict or suspend the passage of the auxiliary border gate, the entrance of which is open for no more than 12 hours and immediately report to the People's Committee of the province and the Commander of the Border Guard; notify border management and protection forces of countries sharing a border;
+ The Commander of the Provincial Border Guard Command shall decide to restrict or suspend the passage of the main border gate or the bilateral border gate for no more than 06 hours and immediately report it to the Provincial People's Committee and the Border Guard Commander; notify local administrations at district and commune levels, agencies and organizations in border areas, and border management and protection forces of bordering countries;
+ Presidents of provincial-level People's Committees shall decide to restrict or suspend the passage of main border gates or bilateral border gates for no more than 24 hours at the request of the Commander of the provincial Border Guard Command and report immediately. Prime Minister; notify the local authorities of the bordering country;
+ The Prime Minister shall decide to restrict or suspend international border crossing at the request of the Ministry of National Defense, the Ministry of Public Security and the Ministry of Foreign Affairs. The Ministry of Foreign Affairs is responsible for notifying the diplomatic missions of the bordering countries.
If the restriction or suspension needs to be continued, how is the decision to extend the restriction or suspension period made?
Pursuant to Clause 5, Article 11 of the 2020 Law on Vietnam Border Guard, the decision to extend the time restrict or suspension is as follows:
- The head of the Border Guard Station shall decide to extend the time restrict or temporary suspension of crossing the auxiliary border gate and the opening for no more than 06 hours;
- Commanders of Border Guard Commands of provinces shall decide to extend the time restrict or temporary suspension of the main border gate or bilateral border gate for no more than 06 hours, at the secondary border gate, the entrance is not more than 12 hours. ;
- Presidents of the People's Committees of provinces shall decide to extend the time restrict or suspension of the main border gate or bilateral border gate for no more than 24 hours;
- The extension must be reported immediately and approved by the immediate superior before making a decision; notify agencies, organizations and individuals in border areas; notify the local foreign affairs agency, the Ministry of Foreign Affairs.
Nguyễn Thị Hồng Nhung
