Circular No. 162/2016/TT-BQP dated October 21, 2016 of the Ministry of National Defense guiding the on implementation of the Government's Decree No. 71/2015/ND-CP dated September 3, 2015 on management of persons and vehicles in sea boundary area of the Socialist Republic of Vietnam

THE MINISTRY OF NATIONAL DEFENSE

Circular No. 162/2016/TT-BQP dated October 21, 2016 of the Ministry of National Defense guiding the on implementation of the Government s Decree No. 71/2015/ND-CP dated September 3, 2015 on management of persons and vehicles in sea boundary area of the Socialist Republic of Vietnam

Pursuant to the Government s Decree No. 35/2013/ND-CP dated April 22, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 71/2015/ND-CP dated September 3, 2015 on management of persons and vehicles in sea boundary area of the Socialist Republic of Vietnam;

At the request of Commander of the Border Guard;

The Minister of National Defense promulgates a Circular on implementation of the Government s Decree No. 71/2015/ND-CP dated September 3, 2015 on management of persons and vehicles in sea boundary area of the Socialist Republic of Vietnam,

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

1. This Circular provides guidelines for the Government’s Decree No. 71/2015/ND-CP dated September 3, 2015 on management of person and vehicles in sea boundary area of the Socialist Republic of Vietnam (hereinafter referred to as Decree No. 71/2015/ND-CP).

2. If the whole or a part of industrial zones, export processing zones, economic zones are in sea boundary area of the Socialist Republic of Vietnam (hereinafter referred to as sea boundary area), regulations of law on such area shall apply.

If persons and vehicles operating in this area relates to temporary no admittance area, restricted area in territorial sea, no admittance area, boundary area of restricted activity in sea boundary area, regulations of Decree No. 71/2015/ND-CP and this Circular shall apply.

Article 2. Subject of application

This Circular applies to Vietnamese and foreign agencies, organizations and individuals that carry out or are involved in activities in sea boundary areas.

Article 3. Interpretation of terms

1. Economic zones prescribed in Decree No. 71/2015/ND-CP and this Circular are the economic zones establishing and operating in accordance with the Law on Investment.

2. Resort areas prescribed in Decree No. 71/2015/ND-CP and this Circular are the resort areas establishing and operating in accordance with the Law on Tourism.

3. Service areas prescribed in this Circular are commercial service areas related to production, distribution, culture, society, and tourism establishing in accordance with regulations of law.

4. Road vehicles prescribed in Decree No. 71/2015/ND-CP and this Circular is road motor vehicles prescribed in the Law on Road traffic of Vietnam.

Article 4. Sign templates and locations

1. "Sea boundary area", "no admittance area", "boundary area of restricted activity" signs on land shall be made in a single form as follows: the sign is made of corrugated iron, 1.5 mm in thickness; its column(s) are made of metal, 100mm in diameter, 02mm in thickness; surface and words on the sign applies reflective paint; background of sign applies dark blue, words applies white; column applies reflective paint, white and red; words are written in 2 lines, the first line is in Vietnamese and the second line is in English.  Sizes of the sign and words thereon shall be conformable with Templates No. 01, 02, 03 prescribed in the Appendix issued herewith.

2. Location of "sea boundary area” sign: It is put up in contiguous boundary between the coastal communes, wards and towns and inland communes, wards and towns; in noticeable area, on the right of the traffic road (roadway, railway, waterways) into the sea boundary area.

3. Depending on topography and nature of each no admittance area, “no admittance area”, "boundary area of restricted activity” signs in sea boundary area will be put up in suitable and noticeable areas.

Chapter II

MANAGEMENT OF ACTIVITIES OF PERSONS AND VEHICLES IN SEA BOUNDARY ZONE

Article 5. Vietnamese persons and vehicles operating in sea boundary zone

1. If a road motor vehicle is supposed to enter into the sea boundary area (other than a resort area, service area, or economic zone) to perform activities as prescribed in Clause 7 Article 6 of Decree No. 71/2015/ND-CP, the entity managing or operating the vehicle, or vehicle owner must notify the local border guard station 02 working days prior to such operations.

2. The written notice shall be made in accordance with Form No. 04, 05 prescribed in the Appendix issued herewith.

Article 6. Foreigners coming, operating, working, or studying in sea boundary zone

1. If a foreigner wishes to stay overnight in the sea boundary area, he/she shall make a declaration as prescribed in Articles 33 and 34 of the Law on entry, exit, transit, and residence of foreigners in Vietnam.

2. If a Vietnamese agency or organization wishes to lead a foreigner into the sea boundary area as prescribed in Clause 2 Article 7 of Decree No. 71/2015/ND-CP, the Police or Border Guard of province or central-affiliated city (hereinafter referred to as Police or Border Guard of province) shall be notified in writing, using Form No. 06 prescribed in the Appendix issued herewith by hand or by post.

3. Any foreigner wishes to perform operation as prescribed in Clause 3 Article 7 of Decree No. 71/2015/ND-CP shall send a written notification to local Service of Labor, War Invalids and Social Affairs, People’s Committee of district, Police authority of commune, and border guard station, using Form No. 07 prescribed in the Appendix in this Circular sent by hand or by post.

Article 7. Military exercise, search and rescue, maritime security, holding live-fire military drills or use explosives in the sea boundary zone

The exercising of military, search and rescue, maritime security, holding live-fire military drills or use explosives in the sea boundary zone prescribed in Article 9 of Decree No. 71/2015/ND-CP shall be notified in writing, using Form No. 08  prescribed in the Appendix in this Circular sent by hand or by post.

Article 8. Exploration, scientific research, survey on geology, mineral resources, fisheries resources and in the sea boundary zone

Exploration, scientific research, survey on geology, mineral resources, fisheries resources and in the sea boundary zone prescribed in Article 10 of Decree No. 71/2015/ND-CP shall be subject to inspection and monitoring of the Border guard and agencies in charge and notified in writing, using Form No. 09, 10  prescribed in the Appendix in this Circular sent by hand or by post.

Article 9. Survey, design and execution services for a structure that relates to national defense and security or foreign-based structure in the sea boundary area

The survey, design and execution services for a structure that relates to national defense and security or foreign-based structure in the sea boundary area prescribed in Clause 1 and Clause 3 Article 11 of Decree No. 71/2015/ND-CP shall send a notification, using Form No.11 prescribed in the Appendix in this Circular sent by hand or by post

Article 10. Temporary no admittance areas, restricted areas in the territorial sea; no admittance areas, boundary area of restricted activity in the sea boundary zone

1. Temporary no admittance areas, restricted areas in the territorial sea

a) If a temporary no admittance area, or restricted area in the territorial sea is necessary to be established as prescribed in Clause 1 Article 12 of Decree No. 71/2015/ND-CP, the superior authority shall request the Prime Minister to establish such a no admittance area, or restricted area in the territorial sea;

b) Upon the decision on establishment of a no admittance area, or restricted area in the territorial sea, the superior authority shall announce such establishment nationwide and worldwide in the “Marine Notice” in accordance with international maritime customs, at least 15 days before its effective date. In an urgent case, the notification shall be sent right after the decision becomes effective as prescribed in Article 26 of the Law on maritime of Vietnam;

c) Scope of temporary no admittance are, restricted area in the territorial sea being determined by co-ordinates in nautical charts.

2. No admittance area in sea boundary area

a) If any functional agencies of coastal provinces or central-affiliated cities (hereinafter referred to as provinces) request to establish an no admittance area in the sea boundary area, it shall follow the procedure prescribed in Clause 2 Article 12 of Decree No. 71/2015/ND-CP;

b) With regard to a national defense-related work, Region Commander shall request functional agencies to cooperate with High Command of Military, High Command of the Border guard of coastal province in determining nature of the work for which a no admittance area needs to be established, and request the Region Commander to send a report to the Minister of National Defense for consideration;

c) With regard to a sea boundary work, namely:

National defense works; hydraulic projects (piers for fleets, squadrons); control piers  of Border stations, Commander of the Border guard shall direct High Command of the Border guard of coastal province to cooperate with military agencies and local authorities in determining and requesting Commander of the Border guard to send a report to the Minister of National Defense for consideration;

d) Scope and time of no admittance area shall be decided by the authority competent to decide the establishment of no admittance area. The no admittance area shall be marked by signs on land or determined by co-ordinates in nautical charts;

dd) Upon the decision on establishment of no admittance area, the competent authority in charge of no admittance area shall promulgate internal regulations on no admittance area, and manage, protect and notify Vietnam Maritime Administration, Directorate of Fisheries, People s Committees of coastal provinces and relevant entities.

3. Boundary area of restricted activity in sea boundary area

a) Ministries and agencies shall, upon the establishment of boundary area of restricted activity in the sea boundary area as prescribed in Clause 4 Article 12 of Decree No. 71/2015/ND-CP, notify the Ministry of National Defense and functional agencies and forces operating in the sea boundary area;

b) Scope and time of the boundary area of restricted activity shall be decided by the authority competent to decide its establishment. The boundary area of restricted activity shall be marked by signs on land or determined by co-ordinates in nautical charts.

Chapter III

CONSTRUCTION, MANAGEMENT, AND PROTECTION OF SEA BOUNDARY AREA

Article 11. Responsibilities of Border Guard Command

1. Direct High Command of the Border guard of coastal provinces to:

a) Take charge and cooperate with functional agencies and forces in acting as a counselor for People s Committees of coastal provinces in implementing policies, planning, plans, investment projects for management and protection of sea boundary area; formulating plans, programs, and measures for organizing national movement in protecting the sovereignty and security of national borders in the sea; consolidating political basis, building sea boundary area that has strong economy, politics culture-society, national defense, security and foreign affairs;

b) Take charge and cooperate with military units stationed in sea boundary area, police authorities, local governments and relevant agencies in management and protection of national maritime boundary, political security, social safety and order in the sea boundary area;

c) Take charge and cooperate with relevant agencies, organizations and units in consistency in operation’s information of boats/ships in the sea boundary area;

d) Take charge and cooperate with police authority of province annually in managing and releasing statistics on foreign vehicles entering into sea boundary area;

dd) Use forces and vehicles to implement measures for management and protection of national maritime boundary; political security, social safety and order in the sea boundary area; and handle military- and border-related foreign affairs;

e) Establish checkpoints, permanent or current to control entry and exit, registration and management of persons and vehicles coming, leaving and operating in the sea boundary area, and carry out monitoring of ships operating in the sea boundary area;

g) Take charge and cooperate with navy, the coastguard, police, customs, fisheries resources surveillance and other forces operating in patrol, control, discovery, prevention and response to legal violations in the sea boundary zone; protection of sovereignty, security, and order in the Vietnamese territorial sea; protection of fishermen in fisheries and other lawful activities of people and vehicles in the sea boundary zone; search and rescue at sea;

h) cooperate with police authority of province in directing border guard stations, police department of the districts, communes to perform roles of regulatory agencies in entry, exit, transit, and residence of foreigners in sea boundary area or a part of economic zones is in the sea boundary area; process violations of law on entry, exit, transit, and residence in the sea boundary area, seaport checkpoints;

i) Communicate with relevant forces in information about foreigner, foreign vehicles coming, leaving and operating in the sea boundary area, instruct organizations and individuals to follow internal regulations on ports for ships in the sea boundary area;

k) Cooperate with agencies in acting as counselor for People s Committees of coastal provinces annually in preparing budget estimates for management and protection of national maritime boundary; protection of political security, social safety and order in the sea boundary area as prescribed in the Law on State budget.

2. Direct border naval squadrons to perform their duties in management and protection of national border, political security, social safety and order, search and rescue at sea.

3. Prepare periodical preliminary report and final report and send them to the Ministry of National Defense as prescribed in Decree No. 71/2015/ND-CP and this Circular.

Article 12. Responsibilities of Navy Command, Coastguard Command

Navy Command and Coastguard Command shall direct their affiliated units to cooperate with the Border guard in performing duties of protection of national border sovereignty and political security, social safety and order in the sea boundary area.

Article 13. Responsibilities of People s Committees of coastal provinces

1. Perform roles of regulatory agencies in national border, organize national movement in protection of sovereignty, national sea boundary security and construction of sea boundary area.

2. Direct functional agencies and forces to cooperate with the Border guard in surveying locations where signs are put up in the sea boundary area as prescribed in Decree No. 71/2015/ND-CP and this Circular for the consistency and conformity with actual local situation.

3. Facilitate policies for supporting agencies, organizations, and individuals to build facilities, socio-economic projects in the sea boundary area so as to build a sea boundary area that has strong politics, economy, national defense and security.

4. Direct relevant agencies, unions, and social organizations to formulate regulations on cooperation with the Border guard in protecting sovereignty, national sea boundary security and building sea boundary area.

5. Ensure government budget as prescribed in Article 29 of Decree No. 71/2015/ND-CP, the Law on State budget and the Law on Public investment to protect sovereignty, national sea boundary security and building sea boundary area.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 14. Effect

1. This Circular takes effect on December 6, 2016 and replaces Circular No. 89/2004/TT-BQP dated June 19, 2004 of the Minister of National Defense on guidelines for the Government’s Decree No. 161/2003/ND-CP dated December 18, 2003 on regulations on sea boundary area.

2. If any of the legislative documents referred to in this Circular is amended or replaced in the course of implementation, the new document shall prevail.

Article 15. Implementation organization

1. Commander of the Border guard shall monitor, expedite, and inspect the implementation of Decree No. 71/2015/ND-CP and this Circular.

2. Ministries, ministerial-level agencies, Governmental agencies, People’s Committees of provinces and relevant agencies, organizations and individuals shall implement this Circular./.

The Minister

The General

Ngo Xuan Lich

* All Appendices are not translated herein.