Forms of management and protection of national borders in Vietnam

Forms of management and protection of national borders in Vietnam (Internet image)

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

1. Forms of management and protection of national borders in Vietnam

Forms of national border management and protection according to Article 19 of Vietnam Border Guard Law 2020 are as follows:

- Forms of management and protection of national borders include:

+ Border management and protection are regularly applied in cases where the situation of sovereignty, territory, security, order, and social safety in the border area is stable;

+ Enhanced border management and protection are applied when important political, economic, cultural, and social events take place in border areas, border gates, and on both sides of the border. The situation of security, order, and social safety in some areas of the border area is complicated. Peripheral areas and border areas are conducting military exercises, security and order, natural disasters, disasters, epidemics, rescue and rescue, or are conducting activities to arrest criminals who may cross the border when requested by the border management and protection force of the country sharing the same border;

+ Managing and protecting borders in a state of national defense emergency, martial law, curfew, and state of war shall comply with the provisions of the law on national defense.

- The authority to decide on changing the form of management and protection of national borders is prescribed as follows:

+ Commander of the Border Guard decides to change the form of border management and protection specified in Points a and b, Clause 1, Article 19 of Vietnam Border Guard Law 2020; immediately report to the Ministry of National Defense and be responsible before the law for your decision;

+ The Minister of National Defense decides to change the form of border management and protection prescribed in Point c, Clause 1, Article 19 of the Vietnam Border Guard Law 2020.

2. Regulations on border regions in Vietnam 

Regulations on border regions according to Article 8 of Decree 140/2004/ND-CP are as follows:

- The scope of a land border region is calculated from the national land border to the administrative boundaries of communes, wards, district townships which have part of their administrative boundaries overlap the national land border.

- The scope of a sea border region is calculated from the national sea border to the administrative boundaries of coastal communes, wards, district townships and islands as well as archipelagoes.

- The lists of communes, wards, district townships in the land border regions, the sea border regions are prescribed in the Government’s decrees promulgating the Regulations on border regions; in case of changes in the administrative boundaries of the communes, wards or district townships in the border regions, they shall be amended, supplemented appropriately.

- All activities of people and means; the management and protection of the border regions as well as the maintenance of security and social order and safety therein shall comply with the Decrees promulgating the Regulations on border regions and other relevant legal documents.

3. Responsibility for management and protection of the national borders and border regions in Vietnam

Responsibility for management and protection of the national borders and border regions in Vietnam according to Article 19 of Decree 140/2004/ND-CP are as follows:

- The management and protection of the national borders rest with the State, agencies, organizations, the armed forces, administrations of all levels and the entire population and constitute the direct and constant responsibilities of the administrations and people in the border regions.

- Agencies, organizations and individuals have the obligation and responsibility to respect the national border lines, to strictly observe and implement the legislation on national borders; to actively participate in the protection of national borders, the maintenance of security as well as social order and safety in the border regions; to coordinate with and assist the border guards in preventing and combating acts of infringing upon the sovereignty, territory, national borders, security, social order and safety in the border regions.

- While performing the tasks of protecting the national borders, the people’s armed force units must base themselves on the functions, tasks and powers under the provisions of the Law on National Borders and law provisions on the national borders.

- The border guards constitute the core and specialized force, assuming the prime responsibility for, and coordinating with the People’s Security force, the concerned branches and localities in, activities of managing and protecting the national borders, maintaining security as well as social order and safety in the border regions.

- The navy, the Coast Guard force shall have to coordinate with the border guards in managing and protecting the national borders on the sea.

- The air-defense and air force units shall have the responsibility to manage and protect the national borders in the air and coordinate with the border guards in protecting the national borders on the sea.

- The people’s armed force units in the border regions shall have the responsibility to coordinate with the border guards, the air-defense and air force units in protecting the national borders. The Defense Ministry shall prescribe the specific scope of responsibility and regulation on coordination among forces under its management in managing and protecting the national borders.

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