THE PRIME MINISTER
THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
Hanoi, February 18, 2019
Defining functions, tasks, powers, organizational structure of the National Border Committee directly under the Ministry of Foreign Affairs
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Decree No. 123/2016/ND-CP dated September 01, 2016 of the Government on defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;
Pursuant to the Decree No. 26/2017/ND-CP dated March 14, 2017 of the Government on defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;
At the proposal of the Minister of Foreign Affairs;
The Prime Minister issues the Decision defining functions, tasks, powers, organizational structure of the National Border Committee directly under the Ministry of Foreign Affairs,
Article 1. Locations and functions
1. The National Border Committee (hereafter called Committee) takes primes to the general level agencies, directly under the Ministry of Foreign Affairs and supports the Minister of Foreign Affairs with the function of state management on borders and national territory.
2. The Committee owns legal entity, has stamp with the National Emblem of Vietnam and allowed to open accounts at the State Treasury in accordance with legal regulations, its location is in Hanoi.
Article 2. Tasks and powers
1. Advise the Minister of Foreign Affair to submit the Government, the Prime Minister and other authorized agencies with:
a) Law projects, the draft ordinance of National Assembly’s Resolutions; the draft resolution of the National Assembly Standing Committee; draft decisions and directive of the Prime Minister on border and national territory;
b) Draft international treaties defining Vietnam national borders and seas; Vietnam’s scopes and rights of sovereignty and jurisdiction over the air, islands and archipelago; plans on state border planning, defining the sky and sea boundaries of Vietnam and neighboring countries;
c) Strategies, programs of national targets, action programs, important plans and projects on border gate, national territory or any other problems related to national border and territory.
2. To submit the Minister of Foreign Affairs for consideration and decision:
a) Draft circular and other documents on border and national territory;
b) Long-term, mid-term and annual plan on border and national territory;
3. Implement policies, strategies, plans, programs and projects on border and national territory after issued and approved by the authorized agencies.
4. Guide the state management on border and national territory.
5. Organize the implementation of information dissemination and publication of Party’s guidelines and policies on border and national territory.
6. Research and suggest the strategy of signing and implementing international treaties related to border and national territory.
7. Discuss and solve all the problems on border and national territories with relevant countries.
8. Direct, guide and investigate the border demarcation and national landmark basing on international treaties on national borders signed between Vietnam and neighboring countries.
9. Collect, remark and check the management of border, national territory, airspace and seas, islands and archipelago of Vietnam; forecast and suggest the strategies, policies and other suitable management.
10. Take the prime responsibilities and co-ordinate with ministries, ministry-level agencies and localities for investigating and following and collecting situations and dispute settlement, Vietnam’s jurisdiction and legal interests in border areas in mainland, airspaces, sea areas and islands and other Vietnam’s rights, benefits in international seas and airspaces.
11. Build and suggest Vietnam’s strategy and viewpoints at international forum on border and territory; suggest the strategy and making projects and legal dossiers for dispute settlement on borders and territory in international judge.
12. International cooperation relating to the international territory in accordance with legal regulations; dialogue on problems relating to borders and territories of related countries and others; take prime responsibilities and co-ordinate with international conference and meeting on border and territories
13. To assume the prime responsibility and coordinate with ministries, ministerial – level agencies and concerned agencies and localities in advising the Government in building and implementing the scheme and projects on border, territory and national border protection; develop economic and society, defense and security relating to border, territory, sovereignty, sovereignty rights and national jurisdiction.
14. Hand and guide the problems arising in the operations of ministries, ministerial-level agencies, concerned agencies and localities related to sovereignty, sovereign rights, jurisdiction in lands, airspaces, seas, islands of Vietnam and other legal benefits of Vietnam in international seas and airspaces.
15. Appraise the maps and publications related to Vietnam’s national borders, airspace, seas and islands before publication and issuance.
16. Organize database on border and national territory.
17. Have administrative reforms with the targets and contents of the state administrative reforms approved by competent agencies.
18. Management on organization, staff and salary regimes and other policies of treatment, training, fostering, rewards and disciplines for civil servants and employees under the management of Committee in accordance with legal regulations and decentralization of the Minister of Foreign Affairs.
19. Manage finance, asset, and state budget allocated in accordance with legal regulations.
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