Vietnam: 03 forms of national border management and protection from 2022

According to Article 19 of the Law on Vietnam Border Guard 2020, 03 forms of management and protection of national borders and competence to decide to change the form of national border management and protection are prescribed as follows:

(1) Border management and protection are regularly applied in cases where the situation of sovereignty, territory, security, social order and safety in border areas is stable; (The Commander of the Border Guard shall decide to change the form of border management and protection, immediately report to the Ministry of National Defense and take responsibility before law for his decision)

(2) Enhanced border management and protection shall be applied when important political, economic, cultural and social events take place in border areas, border gates, and on both sides of the border; the situation of security, social order and safety in a number of areas in the border areas is complicated; in peripheral areas, border areas are conducting military drills, security and order, natural disasters, disasters, epidemics, rescue or are conducting activities to arrest criminals where he/she can cross the border; at the request of the border management and protection force of the country sharing the border; (The Commander of the Border Guard shall decide to change the form of border management and protection, immediately report to the Ministry of National Defense and take responsibility before law for his decision)

(3) Management and protection of borders in a state of national defense emergency, martial law, curfew and a state of war shall comply with the provisions of the law on national defense. (The Commander of the Border Guard shall decide to change the form of border management and protection)

Besides, it should be noted that the Law on Vietnam Border Guard 2020 only stipulates in case of application of regular and enhanced forms of border management and protection by border guards, the Minister of National Defense of Vietnam will stipulate detailing forms of regular border management and protection and enhanced border management and protection in accordance with their competence, in order to ensure military secrecy, force organization, and weapons security and vehicles of the Border Guard.

View more details at the Law on Vietnam Border Guard 2020, effective from January 01, 2022.

Ty Na

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