Vietnam: Cases of restriction or suspension of activities in border areas

According to Clause 2 Article 11 of the Law on Vietnam Border Guard 2020, 03 cases of restricted or suspended operations in border areas, border belts, border crossings at border gates and land border crossings are as follows:

- In the border belt: exiting and entering the border belt, areas with epidemics, fires, floods, natural disaster risks; 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, risks of natural disasters; fairs and festivals; production, business, construction, exploration and exploitation of natural resources;

- Cross-border crossing at international border gates, main border gates or bilateral border gates, auxiliary border gates, openings.

Moreover, according to Clause 1 Article 11 of the Law on Vietnam Border Guard 2020, those operating in border areas, border belts, border crossings at border gates and land border crossings, even though they do not fall into one of the three cases above, may still be restricted, even suspended if the objective circumstances at that time fall into one of the following 04 cases where it is restricted or suspended:

+ Disputes over borders or territories; armed conflict; enemy infiltration; other activities threatening national sovereignty, territory or borders;

+ Riots, terrorism, hostage abduction, arrest of armed criminals;

+ Preventing natural disasters, fires, floods and epidemics from spreading across borders;

+ At the request or notification of the Government, local administration or border management and protection force of the bordering country on the restriction or suspension of border crossing.

Jurisdiction to decide:

- Head of the Border Guard Station;

- Commander of the Provincial Border Guard Command.

Thus, the restriction or suspension of activities in the border area includes two cases: One is the case where it is restricted or suspended according to Clause 2 Article 11 and the other is the case where it is restricted or suspended according to the provisions of Clause 2 Article 11 of the Law on Vietnam Border Guard 2020.

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

Phuong Thanh

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