Cases of suspension of activities in land border areas in Vietnam

Cases of suspension of activities in land border areas in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Cases of suspension of activities in land border areas in Vietnam

According to Clause 1, Article 10 of Decree 34/2014/ND-CP, cases of suspension of activities in land border areas in Vietnam

n include:

- Areas in which a border or territory dispute occurs, threatening the sovereignty and security of the national border;

- Areas in which an armed conflict, robbery, terrorist action, riot, intrusion, kidnapping or serious security and order disturbance occurs;

- Areas in which a natural disaster, mishap, epidemic, chemical or radioactive incident occurs, threatening to cause damage to the community or cross-border transmission;

- Upon receipt of notices of the Government, local administrations or border-guard forces of neighbor countries on suspension of traveling across the border.

2. Authority to suspend activities in land border areas

According to Clauses 3 and 4, Article 10 of Decree 34/2014/ND-CP, persons competent to suspend activities in land border areas are prescribed as follows:

- Commanders of border-guard posts may decide to suspend for no more than 12 hours activities within the border belt in localities under their charge and shall:

Report the suspension to the chief commanders of provincial-level Border-Guard Commands and concurrently notify such in writing to local district- and commune-level People’s Committees and related agencies in land border areas as well as local administrations and border management and guard forces of neighbor countries;

- Chief commanders of provincial-level Border-Guard Commands may decide to suspend for no more than 24 hours activities in land border areas under their charge and shall report such in writing to provincial-level People’s Committees and the Border Guard Commands and concurrently notify such to provincial-level Public Security Departments and border management and guard forces of neighbor countries;

In case chief commanders of provincial-level Border-Guard Commands find it necessary to continue to suspend activities in land border areas upon the expiration of the time limit of 24 hours, they shall request provincial-level People’s Committees to decide to prolong the suspension for another 24 hours, and concurrently notify such to provincial-level Public Security Departments and border management and guard forces of neighbor countries.

- Competent persons specified in this Section shall notify in writing to the Ministry of Foreign Affairs for coordinated handling when necessary, take responsibility before law and immediate superior agencies for their suspension decisions.

Upon the expiration of the permitted suspension time limit or when the above occurrences are over, they shall issue decisions to cancel suspension decisions, notify such decisions in writing to related agencies, border management and protection forces of neighbor countries and announce them on the mass media.

3. Regulations on entering land border areas in Vietnam

Regulations on entering land border areas in Vietnam according to Article 6 of Decree 34/2014/ND-CP are as follows:

- For Vietnamese citizens

Vietnamese citizens who enter land border areas must have people’s identity cards or other personal identification papers provided by law.

- For foreigners

+ Foreigners who permanently or temporarily reside in Vietnam and enter land border areas must have permits of provincial-level Public Security Departments of localities where they permanently or temporarily reside or of the land border provinces which they enter;

+ Vietnamese agencies or organizations taking foreigners into land border areas must have letters of introduction of managing agencies or organizations;

Persons traveling with these foreigners must have the papers specified in Clause 1 of Article 6 of Decree 34/2014/ND-CP, and at the same time these agencies or organizations shall notify such to provincial-level Public Security Departments and Border-Guard Commands of the border provinces at least 24 hours in advance;

+ For foreigners in representative or high-ranking delegations entering land border areas, Vietnamese agencies or organizations (inviting agencies or agencies working with these delegations) shall notify in writing provincial-level Public Security Departments and Border-Guard Commands of the border provinces of these foreigners, and concurrently send their persons to accompany with and guide these foreigners.

- The following persons are not allowed to enter land border areas:

Persons other than those specified in Clauses 1 and 2 of Article 6 of Decree 34/2014/ND-CP and persons specified in Clause 2, Article 5 of Decree 34/2014/ND-CP are not allowed to enter land border areas.

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