Regulations on restricted and suspended activities in border belts and border areas in Vietnam

Restricted or suspended circumstances in Vietnam

Clause 1, Article 11 of the Law on Vietnam Border Guard 2020 stipulates cases that are restricted or suspended, including:

- Disputes over borders and 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 authorities, or border management and protection force of the country sharing the border about the restriction or suspension of border crossing.

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Regulations on restricted and suspended activities in border belts and border areas in Vietnam (Internet image)

Restricted or suspended activities in Vietnam

Clause 2, Article 11 of the Law on Vietnam Border Guard 2020 stipulates that activities that are restricted or suspended include:

- 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, and 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, bilateral border gates, auxiliary border gates, or openings.

Decision to limit or suspend activities in border belts and border areas in Vietnam

Pursuant to Clause 3, Article 11 of the Law on Vietnam Border Guard 2020, 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 limit or suspend operations within the border belt under his/her management for no more than 12 hours and immediately report to the Commander of the Provincial Border Guard Command; notify the local foreign affairs agency and the local administration at the district and commune level in the host country;

- Commanders of the provincial Border Guard Commands decide to limit or suspend operations in the border areas under their management for no more than 24 hours and immediately report to the People's Committee of the province, the Commander of the Border Guard, the Ministry of Foreign Affairs, and the provincial-level Public Security.

In the event that the 24-hour period expires, if it deems it necessary to continue restricting or suspending activities in the border area,
The commanders of the provincial Border Guard Commands shall have to request the provincial People's Committees to decide whether to continue restricting or suspending them for no more than 24 hours and notify the Ministry of Foreign Affairs and the provincial Public Security;

- The decision to restrict or suspend the provisions of Points a and b of this Clause must be notified to agencies, organizations, and individuals in border areas; notify the border management and protection force of the country sharing the border.

Decision to limit or suspend border crossing at border gates and openings in Vietnam

Pursuant to Clause 4, Article 11 of the Law on Vietnam Border Guard 2020, the decision to restrict or suspend border crossing at border gates and 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 limit or suspend the passage of the auxiliary border gate, the entrance of which shall not exceed 12 hours, and immediately report it 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 limit 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 Commander of the Border Guard; 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 immediately report to the Prime Minister; notify the local authorities of the bordering country;

- The Prime Minister shall decide to restrict or suspend international border crossings 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.

Decision on extension of the restriction or suspension time in Vietnam

Pursuant to Clause 5, Article 11 of the Law on Vietnam Border Guard 2020, before the expiration of the time limit or suspension of border crossing, if it is deemed necessary to continue the restriction or suspension, the decision to extend the time limit or suspension shall be made as follows:

- The head of the Border Guard station shall decide to extend the time limit or temporary suspension of crossing the auxiliary border gate and the opening for no more than 06 hours;

- Commanders of the provincial Border Guard Commands decide to extend the time limit or temporary suspension of the main border gate or bilateral border gate for no more than 06 hours, at the secondary border gate, the opening is no more than 12 hours;

- Presidents of provincial-level People's Committees shall decide to extend the time limit 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; and notify the local foreign affairs agency, the Ministry of Foreign Affairs, as prescribed in Clauses 3 and 4 of this Article.

Note:

- In case the restriction or suspension is terminated ahead of time, the competent person shall immediately notify the relevant agency and on the mass media; notify border management and protection forces; and notify local authorities of countries sharing a border.

- Competent persons specified in this Article shall base their decisions on actual situations and take responsibility before the law for their decisions.

Mai Thanh Loi

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