Decision No. 160/2004/QD-TTg dated September 06, 2004 of the Prime Minister on determination of restricted zones and restricted places

DECISION

ON DETERMINATION OF RESTRICTED ZONES AND RESTRICTED PLACES

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of December 25, 2001;

Pursuant to the Ordinance on the Protection of State Secrets of December 28, 2000;

Pursuant to the Government's Decree No. 33/2002/ND-CP of March 28, 2002 detailing the implementation of the Ordinance on the Protection of State Secrets;

At the proposal of the Minister of Public Security,

DECIDES:

Article 1.- Restricted zones and restricted places classified as State secrets are established for the protection, management and strict control of activities of people and means in order to maintain order and security and prevent and combat acts of encroaching upon, destroying and/or collecting State secrets in, such zones and places.

Vietnamese citizens and foreigners residing or permanently residing in Vietnam (hereinafter called foreigners) who wish to enter restricted zones or restricted places must obtain permission of competent agencies according to the provisions of Article 5 of this Decision.

This Decision does not apply to Vietnamese citizens who are permitted to permanently reside or work in restricted zones and restricted places.

Article 2.- Restricted zones and restricted places include:

1. Border-, air space- and sea area-defense works.

2. Defense and public security industrial zones; military zones and public security zones, people's army and people's public security barracks, military airports, military ports, as well as weapon depots of the people's army or the people's public police.

3. National strategic reserve storehouses.

4. Political, economic, cultural and social works and targets of special importance.

5. Border zones (excluding provincial towns, townships and tourist sites already permitted by the Government; cases with valid papers for exit and/or entry through land and railway border-gates, and cases where citizens of the third countries are entitled to exit and/or entry under the Border Regulation Agreement which Vietnam has signed).

6. Upon the occurrence of circumstances which seriously threaten national security or social order and safety or in case of natural calamities or dangerous epidemics on a large scale, seriously threatening the life, health or property of people or the State, while the State has not yet announced the state of emergency therefor, the Minister of Public Security or the presidents of the People's Committees of the concerned provinces or centrally-run cities (hereinafter referred collectively to as the provincial-level) may determine temporary restricted zones and/or restricted places for Vietnamese citizens and foreigners.

Article 3.- Zones and places determined as restricted zones and restricted places must be implanted with "restricted zone" or "restricted place" signboards. "Restricted zone" and "Restricted place" signboard patterns shall be uniformly prescribed by the Minister of Public Security.

Article 4.- Competence to determine specific restricted zones and/or restricted places and to decide on the implantation of "restricted zone" or "restricted place" signboards

1. The presidents of the provincial-level People's Committees shall determine specific restricted zones and/or restricted places and decide on the implantation of "restricted zone" or "restricted place" signboards in localities under their respective management at the proposals of the directors of the provincial-level Public Security Services.

2. The Minister of Defense shall determine specific restricted zones and/or restricted places and decide on the implantation of "restricted zone" or "restricted place" signboards for defense works and military zones.

3. The Minister of Public Security shall determine specific restricted zones and/or restricted places and decide on the implantation of "restricted zone" or "restricted place" signboards at public security units.

4. The determination of restricted zones and restricted places within the border belts and the Regulations on management thereof shall comply with the provisions of the Government's Decree No. 34/2000/ND-CP of August 18, 2000 promulgating the Regulation on the Land Border Areas of the Socialist Republic of Vietnam.

5. The Minister of Public Security and the presidents of the provincial-level People's Committees shall determine temporary restricted zones and/or restricted places and decide on the implantation of "temporary restricted zone" or "temporary restricted place" signboards mentioned in Clause 6, Article 2 of this Decision.

Article 5.- Protection of restricted zones and restricted places:

1. Restricted zones and restricted places must be protected under the internal regulations on protection thereof prescribed by the heads of the agencies or units managing such zones or places.

2. Vietnamese citizens entering restricted zones or restricted places must obtain permission of the heads of the agencies or units managing such zones or places.

Foreigners entering restricted zones or restricted places must obtain permits of the Public Security Ministry's Exit/Entry Management Department or the directors of the provincial-level Public Security Services. If they enter military or public security zones, which are managed by the Ministry of Defense or the Ministry of Public Security, they must obtain permission of the heads of the units managing such zones.

Article 6.- The Minister of Public Security, the Minister of Defense and the presidents of the provincial-level People's Committees shall base themselves on their respective functions and tasks as well as practical situation to estimate State budget funding for implementation organization.

Article 7.- This Decision takes effect 15 days after its publication in the Official Gazette and replaces the Prime Minister's Decision No. 128/TTg of December 1, 1992 on determination of zones and places implanted with "restricted zone" or "restricted place" signboards.

Article 8.- The Minister of Public Security, the Minister of Defense and the presidents of the provincial-level People's Committees shall, within the ambit of their respective powers, have to guide and examine the implementation of this Decision.

Article 9.- The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies and the presidents of the provincial/municipal People's Committees shall have to implement this Decision.