Prohibited acts in land border areas in Vietnam

Prohibited acts in land border areas in Vietnam (Internet image)

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

1. Prohibited acts in land border areas in Vietnam

Prohibited acts in land border areas in Vietnam according to Article 4 of Decree 34/2014/ND-CP include:

- Damaging, destroying, moving, or causing loss of, landmarks or signs to identify the borderline; “border area”, “border belt” and “restricted zone” signboards; and border works.

- Changing the natural flow, exhausting water sources of, causing inundation, flooding or environmental pollution in, border rivers and streams.

- Illegally inhabiting, exploiting forest products, exploring and exploiting minerals and aquatic resources.

- Traveling across the border for field or terrace field farming, hunting or cattle grazing.

- Burying corpses, removing graves; transporting corpses, remains, animals, plants and animal carcasses across the border without permission of competent Vietnamese state agencies.

- Making gunshots across the border, causing explosions, cutting and burning trees for land reclamation in the border belt.

- Shooting films, taking photos, recording sounds, surveying or drawing landscapes at places where ban signs are displayed in land border areas.

- Smuggling, illegally transporting goods across the border, committing trade frauds.

- Other prohibited acts prescribed by Vietnamese law and agreements on border regulations signed by the Socialist Republic of Vietnam with bordering countries.

2. Regulations on activities of people and vehicles in land border areas in Vietnam

Regulations on activities of people and vehicles in land border areas according to Article 7 of Decree 34/2014/ND-CP are as follows:

-  Vietnamese citizens (except border inhabitants) and foreigners entering land border areas and staying overnight shall register their stay with local commune-level public security offices in accordance with law. Overnight stay in the border belt must be notified in writing to local border-guard posts.

- People and vehicles operating in land border areas must have sufficient papers prescribed by law and follow instructions and submit to the inspection and control by local border-guard posts, commune-level public security offices and specialized forces in accordance with law.

- Activities of Vietnamese and foreign people and vehicles in tourist, service and trade centers, border-gate economic zones, border-gate areas and other economic zones opened in land border areas must comply with regulations applicable to such zones and areas and other relevant laws.

- Other activities in land border areas must comply with the relevant laws and this Decree.

- Border inhabitants of a bordering country who conduct activities in Vietnamese land border areas shall comply with agreements on border regulations concluded between the two countries and with Vietnamese law.

3. Regulations on construction of projects and works in land border areas in Vietnam

Regulations on construction of projects and works in land border areas according to Article 8 of Decree 34/2014/ND-CP are as follows:

- The construction of projects and works in land border areas must not affect border works; alter signs for identification of the borderline, damage, destroy, or cause loss of, national border markers; violate agreements on border regulations signed by the Socialist Republic of Vietnam with neighbor countries.

- When constructing projects or works in the border belt, local state management agencies in charge of construction shall collect written opinions of the Ministry of National Defense, Ministry of Public Security and Ministry of Foreign Affairs before submitting documents on such projects or works to competent authorities for approval. Within 30 days, consulted agencies shall give their written opinions to the opinion-collecting agencies.

At least 3 (three) working days before implementing projects or works, investors shall notify such in writing to provincial-level Border-Guard Commands and Public Security Departments and local administrations.

- Three days before participating in the survey, engineering, construction and implementation of projects or works in land border areas, agencies and organizations shall notify the list of their people and vehicles involved in, and the duration and scope of, such activities, to local border-guard posts and commune-level People’s Committees.

- Border-guard posts shall guide units specified in Clause 3 of this Article in identifying the borderline, scope of land border areas, border belt and restricted zones, and complying with regulations on management and protection of the national border and agreements on border regulations signed by the Socialist Republic of Vietnam with neighbor countries.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE