What are the regulations on scope of activities of the Vietnam Border Guard? What are the powers of the Vietnam Border Guard? - Hoang Tam (Dong Thap)
Scope of activities of the Vietnam Border Guard (Internet image)
Regarding this issue, LawNet would like to answer as follows:
1. Scope of activities of the Vietnam Border Guard
The scope of activities of the Vietnam Border Guard according to Article 16 of the Law on Vietnam Border Guard 2020 is as follows:
- Operating in border areas, border gates managed by the Ministry of National Defense, and inland areas to perform functions, tasks, and powers according to the provisions of law.
- Operating outside the border according to international treaties to which the Socialist Republic of Vietnam is a member and the provisions of Vietnamese law in the case of humanitarian purposes: peace, search, rescue, immigration control, ensuring security, order, social safety, prevention of crime, and violations.
The powers of the Border Guard according to Article 15 of the Law on Vietnam Border Guard 2020 are as follows:
- Arrange and use forces, means, and technical equipment to perform tasks; apply forms and measures to manage and protect national borders as prescribed in Articles 19 and 20 of the Law on Vietnam Border Guard 2020.
- Patrol, inspect, control, manage, and protect national borders, national border landmark systems, markers, border signs, border works, and border gates; grant, amend, annul, and terminate visas and other documents in the field of national border management and protection; inspect and control vehicles when there are signs of violating the law; and handle vehicles that violate the law in border areas and border gates according to the provisions of the law.
- Fight, prevent, investigate, and handle violations of the law in border areas and border gates according to the provisions of the law.
- Restrict or temporarily suspend activities at border belts, border areas, border crossings at border gates, and openings as prescribed in Article 11 of the Law on Vietnam Border Guard 2020.
- Use weapons, explosives, and support tools as prescribed in Article 17 of the Law on Vietnam Border Guard 2020.
- Mobilize people, boats, vehicles, and civil technical equipment according to the provisions of Article 18 of the Vietnam Border Guard Law 2020.
- Directly pursue and arrest people and vehicles violating the law from the border to the inland; coordinate with forces to search for and arrest people who have violated the law and fled to the hinterland; Pursuing and arresting people and vehicles violating the law fleeing from within Vietnam's internal waters and territorial waters to outside the scope of Vietnam's territorial waters according to the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member.
- Cooperate and coordinate with the functional forces of bordering countries, other countries, and international organizations in managing and protecting national borders, border gates, and preventing and combating crimes and law violations according to the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member.
The tasks of the Vietnam Border Guard according to Article 14 of the Law on Vietnam Border Guard 2020 are as follows:
- Collect information, analyze, evaluate, and forecast the situation to perform tasks and propose to the Ministry of National Defense, the Party, and the State to promulgate and direct the implementation of policies and laws on border defense.
- Advise the Ministry of National Defense on the management and protection of national borders, maintaining security, order, and social safety in border areas and border gates, and building Border Guard forces.
- Implement management and protection of national borders, a system of national border markers, markers, border signs, border works, and border gates; organize inspections of the implementation of border guard laws.
- Maintain security, order, and social safety; prevent, detect, block, and fight against methods and tricks of hostile forces; prevent and combat crimes and violations of the law; and protect the legitimate rights and interests of agencies, organizations, and individuals in border areas and border gates according to the provisions of the law.
- Immigration control at border gates is managed by the Ministry of National Defense, as is border crossing control, according to the provisions of the law.
- Implement international cooperation on border defense and border defense diplomacy; resolve border and border gate events according to the provisions of law.
- Propagate, disseminate, and educate the law; mobilize people to implement the Party's guidelines and policies and the State's laws.
- Be ready to fight, fight against armed conflicts and wars of aggression in border areas.
- Advise and act as the core in building an all-people border guard and all-people border defense posture in border areas; participate in building defense areas at the provincial level, border district level, and civil defense.
- Receive and use human resources and civilian means to perform tasks according to the provisions of the law.
- Participate in building the grassroots political system, stabilizing population arrangements, building infrastructure systems, socio-economic development, and implementing ethnic and religious policies in border areas associated with the construction and consolidation of national defense and security.
- Participate in preventing, responding to, and overcoming incidents, natural disasters, catastrophes, climate change, and epidemics; search, rescue, and rescue in border areas.
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