Land border areas of the Socialist Republic of Vietnam (below referred to as land border areas) include communes, wards and townships (below referred to as communes) which have part of their administrative boundaries overlapping the national land borderline.
Specifically, according to Clause 1 Article 10 of Decree No. 34/2014/ND-CP of Vietnam’s Government, areas subject to and cases of suspension of activities in land border areas include:
- 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.
Besides, 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.
Moreover, Decree No. 34/2014/ND-CP also stipulates persons competent to suspend activities in land border areas as follows:
- 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;
- 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.
Note: 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.
View more details at Decree No. 34/2014/ND-CP of Vietnam’s Government, effective from June 15, 2014.
Le Hai
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