Vietnam’s legal regime for national border and border areas

Specifically, according to the Law on National Border 2003 of Vietnam, the legal regime for national borders and border areas is as follows:

One, the entry, exit, transit, export and import across the national border shall be conducted at the border checkpoint; the transit across the border to land territory, sea or sky must comply with regulations and law corresponding to road, railway, internal waters, seaway or airway; the crossing border of the inhabitants of the border areas shall be performed at the border checkpoint or locations authorized for cross-border transport.

Individuals, means of transport and goods crossing the national border must bring legal papers and are subject to inspection and control of competent authorities as per the law.

Two, the opening of border checkpoint and locations authorized for cross-border transport, upgrade of border checkpoint, close of border checkpoint, determination of road, railway, internal waters, seaway and airway for transiting shall be decided by the Government in accordance with regulations and law of Vietnam or international agreements to which Vietnam is a signatory.

The entry and exit at the border checkpoint, temporary residence and other activities conducted in the vicinity of the border checkpoint must comply with regulations and law.

Three, a control area established at each border checkpoint to facilitate inspection, control and procedures such as entry, exit, transit, import and export of competent authorities as per the law.

The Government shall specify presiding authority to management and maintain security and order in the vicinity of the border checkpoint.

Four, foreign ships upon exercising the right of innocent passage within the territorial sea of Vietnam must comply with regulations and law of Vietnam and international agreements to which Vietnam is a signatory; submarines and other submerged vehicles must resurface and erect national flags.

Five, foreign ships running on nuclear power, ships carrying radioactive materials or other hazardous substances while exercising the right of innocent passage within the territorial sea of Vietnam must fully bring relevant documents and adopt special precautions according to regulations and law of Vietnam and international agreements to which Vietnam is a signatory.

These ships while conducting other activities within the territorial sea of Vietnam must be approved by competent authorities of Vietnam and must adopt special precautions according to regulations and law of Vietnam and international agreements to which Vietnam is a signatory.

Six, aircrafts may only cross the national border and airspace of Vietnam once approved by competent authorities of Vietnam, must comply with operation, control and instruction of Vietnam’s flight administration agencies, comply with regulations and law of Vietnam and international agreements to which Vietnam is a signatory.

Seven, in case for the purpose of national defense, security or other particular reasons or at request of relevant countries, individuals, means of transport and goods can be restricted or suspended from crossing the national border including the innocent passage within the territorial sea of Vietnam.

The Government is capable of making decisions on the restriction and suspension. The decisions on restriction or suspension must be informed to local governments and authorities of relevant countries.

Eight, in case of accidents or other objective reasons requiring crossing the national border without complying with provisions set forth under this Law and other regulations and law of Vietnam, the vehicle operator must immediately inform the nearest agency in charge of port, national salvage and rescue agency, aviation administration agency or other competent agencies of Vietnam.

Nine, projects for constructions at border areas relating to the national border must be planned and approved by competent authorities; comply with regulations of the border areas and other regulations and law upon implementation, do not hinder the management and defense of national border.

Ten, all activities relating to the national border taking place in tourism, service, commercial areas, economic zones of the border checkpoint and other economic zones within the border areas must comply with regulations of the border areas.

View more: The Law on National Border 2003 of Vietnam takes effect from January 01, 2004.

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