07 contents of coordination in performing border guard duties under the law in Vietnam

07 contents of coordination in performing border guard duties under the law in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Scope of coordination in border guard duties in Vietnam 

According to Clause 1, Article 10 of the Law on Vietnam Border Guard 2020, the scope of coordination in the performance of border guard duties is regulated as follows:

- The Ministry of National Defense shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, and provincial-level local governments in, managing and protecting national borders, and maintaining security, social order, and safety in border areas and border gates;

- Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, assume the prime responsibility for and coordinate with the Ministry of National Defense, provincial-level local authorities, relevant agencies, and organizations in performing border guard duties;

- Provincial-level local governments where there are national borders shall, within the ambit of their tasks and powers, assume the prime responsibility for and coordinate with ministries and ministerial-level agencies, relevant localities, agencies, and organizations performing border guard duties;

- Local administrations at district and commune levels where there is a national border shall, within the ambit of their tasks and powers, assume the prime responsibility for and coordinate with localities, agencies, and relevant organizations performing border guard duties.

2. Contents of coordination in the performance of border guard duties in accordance with the law in Vietnam

Specifically, in Clause 3, Article 10 of the Law on Vietnam Border Guard 2020, the contents of coordination in performing border guard duties include:

(1) Exchange of information and documents; propose competent authorities to develop policies and laws on border guards;

(2) Patrolling, inspecting, controlling, and handling situations related to national defense, security, social order, and safety; fighting against crime and law violations; preventing, combating, responding to, and remedying incidents, natural disasters, catastrophes, climate change, and epidemics; search and rescue in border areas and border gates;

(3) Building a border guard base for all people, a strong all-people border defense posture in the border area;

(4) Building a core and full-time force;

(5) Training, professional training, and professional skills for forces performing border guard duties;

(6) Propagating, disseminating, and educating the law in border areas;

(7) Carrying out other related coordination activities.

3. Principles of coordination in performing border guard duties in Vietnam

The coordination in the performance of border guard duties must comply with the principles specified in Clause 2, Article 10 of the Law on Vietnam Border Guard 2020, specifically as follows:

- Pursuant to the functions, tasks, powers, and operational areas of the force performing border guard duties as prescribed by law, not obstruct the lawful activities of agencies, organizations, and individuals;

- Ensuring centralized and unified management according to the provisions of law;

- Proactive, flexible, confidential, timely, effective, and associated with the responsibility of the head;

- In the same area, when detecting violations of the law related to the tasks and powers of many agencies, organizations, or forces, the agencies, organizations, or forces that detect them first must handle them according to their competence prescribed by law;

In case the case is not under your jurisdiction, then handle it initially, transfer dossiers, people, material evidence, ships, and means of law violation to competent agencies, organizations, and forces to assume the prime responsibility for settlement.

The receiving agency, organization, or force shall notify the transferring agency, organization, or force of the investigation and its handling results.

4. Border guard duties in Vietnam according to the Law on Vietnam Border Guard 2020

Specifically, in Article 5 of the Law on Vietnam Border Guard 2020, the border guard duties are as follows:

- Formulating and implementing strategies and plans for national border protection.

- Managing and protecting national sovereignty, unity, territorial integrity, and borders; building, managing, and protect the system of national landmarks, border markers and signs, border works, border gates, and other works in border areas.

- Protection of national and national interests, peace, security, order, social safety, economy, culture, society, natural resources, and environment; ensuring the enforcement of law in border areas and border gates.

- Socio-economic development in combination with strengthening and consolidating national defense, security and foreign affairs in border areas.

- Building an all-people border guard, all-people border defense posture in the all-people defense, all-people defense posture associated with people's security, and people's security posture;

Building defense zones at provincial, district, and border levels, civil defense; prevention, combat, response to, and remedy of incidents, natural disasters, catastrophes, climate change, epidemics; search and rescue in border areas.

- International cooperation in border guard, border defense diplomacy, people-to-people diplomacy, border building of peace, friendship, cooperation, and development, and long-term stability.

-Being ready to fight, fight against war of aggression, armed conflict.

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