Decree 299/2025/ND-CP amending decrees on border defense and national borders

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Decree No. 299/2025/ND-CP dated November 17, 2025 of the Government amending and supplementing a number of articles of the Government’s Decrees on border defense and national borders
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Official number:299/2025/ND-CPSigner:Pham Minh Chinh
Type:DecreeExpiry date:Updating
Issuing date:17/11/2025Effect status:
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Fields:Export - Import , National Security , Immigration
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THE GOVERNMENT
__________

No. 299/2025/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

______________________

Hanoi, November 17, 2025

DECREE

Amending and supplementing a number of articles of the Government’s Decrees on border defense and national borders

 

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the National Assembly's Resolution No. 190/2025/QH15 providing for the settlement of certain issues related to the reorganization of the state apparatus;

Pursuant to the National Assembly Standing Committee’s Resolution No. 76/2025/UBTVQH on the arrangement of administrative units in 2025;

At the proposal of the Minister of National Defence;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Government’s Decrees on border defense and national borders.

 

Article 1. Amending and supplementing a number of articles of the Government’s Decree No. 34/2014/ND-CP dated April 29, 2014, promulgating the Regulation on land border areas of the Socialist Republic of Vietnam

1. To amend and supplement a number of clauses of Article 3 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Land border areas of the Socialist Republic of Vietnam (below referred to as land border areas) include communes and wards (below referred to as communes) which have part of their administrative boundaries overlapping the national land borderline.

The list of land border communes and wards is provided in the Appendix to this Decree.”.

b) To amend and supplement Clause 5 as follows:

“5. Border inhabitant means a citizen who has the permanent residence registration in a land border area.”.

2. To amend and supplement a number of clauses of Article 6 as follows:

a) To amend and supplement Clause 1 as follows:

“1. For Vietnamese citizens

Vietnamese citizens who enter land border areas must have citizen’s identity cards or identity cards or electronic identity cards or other personal identification papers provided by law.”.

b) To amend and supplement Clause 2 as follows:

“2. For foreigners

a) Foreigners who permanently or temporarily reside in Vietnam and enter land border areas (except tourist, service, or economic zones) must have permits granted by provincial-level Public Security Departments of localities where they permanently or temporarily reside, or of the land border provinces which they enter in accordance with laws, must carry passports or international travel documents, documents relating to their residence in Vietnam, and must present them upon request of a competent agency;

b) Vietnamese agencies or organizations taking foreigners into land border areas must have letters of introduction of managing agencies or organizations; persons traveling with these foreigners must have the papers specified in Clause 1 of this Article, and at the same time these agencies or organizations shall notify such to provincial-level Public Security Departments and Border Guard Commands of the destination provinces at least 24 hours in advance;

c) For foreigners in representative or high-ranking delegations entering land border areas, Vietnamese agencies or organizations (inviting agencies or agencies working with these delegations) shall notify in writing provincial-level Public Security Departments and Border-Guard Commands of the destination provinces of these foreigners, and concurrently send their persons to accompany with and guide these foreigners.”.

3. To amend and supplement Clause 2, Article 8 as follows:

“2. 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 Defence, Ministry of Public Security and Ministry of Foreign Affairs before submitting documents on such projects or works to competent authorities for approval. Within 20 days after the receipt of the complete and valid dossiers, consulted agencies shall give their written opinions to the opinion-collecting agencies.

At least 3 (three) working days before implementing projects or works, project owners shall notify in writing to provincial-level Public Security Departments and Border-Guard Commands and local administrations of the commencement date of the projects or construction works.”.

4. To amend and supplement Clause 17 as follows:

“Article 17. The Ministry of Finance

1. To assume the prime responsibility for, and coordinate with the Ministry of National Defence, related ministries and sectors, and People’s Committees of border provinces in, consolidating investment needs for socio-economic development projects, construction of infrastructure, population adjustment in land border areas, and border works, and report to the Prime Minister for annual allocation of an appropriate budget fund exclusively for construction investment aimed at consolidating national defense and security in combination with socio-economic development in land border areas.

2. To assume the prime responsibility for, and coordinate with ministries, sectors, and People’s Committees of border provinces in, formulating mechanisms and policies on development investment and financial policies, creating conditions for socio-economic development in land border areas.

3. Annually, to assume the prime responsibility for, and coordinate with the Ministry of National Defence, related ministries and sectors, and People’s Committees of border provinces in, allocating state budget estimates for the task of border management and protection in accordance with the current state budget decentralization.”.

Article 2. Amending and supplementing a number of articles of the Government’s Decree No. 112/2014/ND-CP dated November 21, 2014, providing the management of land border gates

1. To amend and supplement Clause 7, Article 3 as follows:

“7. Border inhabitants of two sides means Vietnamese citizens and citizens of neighboring countries, who possess books of permanent residence in communes or wards (or equivalent administrative areas) with part of their administrative boundaries overlapping the national land border line.”.

2. To amend and supplement Clause 4, Article 16 as follows:

“4. Chief Commanders of the Border Guard Commands shall reach agreement with functional agencies of neighboring countries to decide on the time for opening border gates beyond the daily working hours in cases of urgency related to defense, security, natural disasters, fires, rescue of victims, pursuit of criminals or for other force majeure reasons, and at the same time promptly report it to the Commander of the provincial-level Military Command, the Chairperson of the provincial-level People’s Committee, the Border Guard High Command, notify the provincial-level Public Security Department, and take responsibility before law for their decisions.”.

3. To amend and supplement a number of points and clauses of Article 20 as follows:

a) To amend and supplement Points a and b, Clause 1 as follows:

“a) At the proposal of the Chief Commander of the provincial-level Military Command or Border Guard Command (when authorized), the chairperson of the People’s Committee of the border province shall decide to form a working team composed of representatives of the related provincial-level departments and sectors, including the provincial-level Military Command, Border Guard Command, and the Departments of Public Security; Foreign Affairs; Industry and Trade; Health; Agriculture and Environment; Construction; Finance; and the People’s Committee of the commune where the to be-opened or -upgraded border gate is located, with the Border Guard Command assuming the prime responsibility for field survey to identify sites for the to-be-opened or -upgraded border gate, physical foundations, equipment and facilities, human resources for inspection and control, and the flows of people, vehicles and goods on entry and exit. Within 10 working days after completing the survey, the Border Guard Command shall summarize the survey result and propose the Chief Commander of the provincial-level Military Command for reporting to the provincial-level People’s Committee to open or upgrade the international border gate or main border gate (bilateral border gate);

b) Within no more than 15 working days after receiving the proposal of the provincial-level Military Command or Border Guard Command (when authorized) on the opening or upgrading of the international border gate or main border gate (bilateral border gate), the People’s Committee of the border province shall send an official letter to the administration of the border province of the neighboring country, proposing negotiations on the selection of the sites for border gate opening or upgrading and the implementation plan (tentative time for opening or upgrading of the border gate).”.

b) To amend and supplement Point b, Clause 2 as follows:

“b) Within 15 working days after receiving the proposal of the provincial-level Military Command or Border Guard Command (when authorized) on the opening of a secondary border gate, the opening or upgrading of a border crossing to a secondary border gate, the People’s Committee of the border province shall send an official letter to the provincial-level administration of the neighboring country, proposing negotiations to reach agreement on the site, and tentative time for opening or upgrading of the secondary border gate or border crossing.”.

4. To amend and supplement Clause 4, Article 22 as follows:

“4. To annually coordinate with the Ministry of Finance in preparing budget estimates for implementation of this Decree.”.

5. To amend and supplement the title of Article 25 as follows:

“Article 25. Responsibilities of the Ministry of Agriculture and Environment”.

6. To amend and supplement a number of points and clauses of Article 26 as follows:

a) To amend and supplement Clause 4 as follows:

“4. The Ministry of Construction:

a) To assume the prime responsibility for, and coordinate with relevant ministries and the People’s Committees of border provinces in, connecting roads from Vietnamese border gates to border gates of neighboring countries;

b) To study and formulate designing standards, asking for comments of the Ministries of National Defence; Finance, Health, Agriculture and Environment; and Culture, Sports and Tourism for the construction of national gates and joint control houses, and submit them to the Prime Minister for approval for implementation nationwide;

c) To perform the state management of construction of technical infrastructure facilities and works in land border gate areas according to its prescribed functions, tasks and powers;

d) To implement the regulations on via-border gate exit and entry of transport vehicles under the provisions of treaties to which the Socialist Republic of Vietnam is a contracting party.”.

b) To amend the title of Clause 5 as follows:

“5. The Ministry of Finance”.

c) To amend and supplement Point b, Clause 5 as follows:

“b) On an annual basis, to balance development investment budgets and mobilize other resources for investment in the construction of facilities in land border gate areas.”.

7. To amend and supplement Clause 1, Article 29 as follows:

“1. Ministers of National Defence; Public Security; Finance; Industry and Trade; Foreign Affairs; Health; Agriculture and Environment; and Construction, shall, according to their respective competence, detail and guide articles and clauses as assigned in this Decree.”.

Article 3. Amending and supplementing a number of articles of the Government’s Decree No. 71/2015/ND-CP dated September 03, 2015, on management of activities of persons, vehicles and craft in maritime boundary areas of the Socialist Republic of Vietnam

1. To amend and supplement Clause 5 as follows:

“Article 5. Signboards in maritime boundary areas

Signboards of different types shall be placed in maritime boundary areas in accordance with law. The Minister of National Defence shall issue regulations on forms of signboards in maritime boundary areas and reach agreement with the Ministry of Construction and provincial-level People’s Committees of coastal localities on locations at which signboards shall be placed.”.

2. To amend and supplement a number of points and clauses of Article 6 as follows:

a) To amend and supplement Clause 1 as follows:

“1. To enter maritime boundary areas, Vietnamese citizens (except permanent residents in these areas) must have one of the following papers: citizen’s identity card, identity card, electronic identity card, passport or officer identification paper, professional army’s identification paper, national defense worker identity certificate, non-commissioned officer or enlisted soldier identity card, or people’s public security identification paper (for officers and soldiers of the People’s Army and People’s Public Security forces). If intending to stay overnight in these areas, they shall make sojourn registration with commune-level Public Security offices.”.

b) To amend and supplement Points a, e and g, Clause 3 as follows:

“3. Operators of waterway craft in maritime boundary areas shall ensure that their craft have number plates, install vessel tracking devices, and carry the following papers (originals or certified copies):

a) Vessel registration certificate or fishing-vessel registration certificate (for fishing vessels with a maximum length of 6 meters or more);

b) Fishing license (for fishing vessels with a maximum length of 6 meters or more);

c) Logbook or fishing logbook (for fishing vessels with a maximum length of 12 meters or more), or purchasing or transporting logbook (for aquatic product purchasing or transshipment vessels).”.

3. To amend and supplement a number of clauses of Article 7 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Foreigners permanently or temporarily residing in Vietnam who arrive in maritime boundary areas or islands or archipelagoes must have passports or valid passport-substitute papers and visas issued by a competent Vietnamese agency (except those entitled to visa exemption), papers evidencing their residence in Vietnam, and permits for entry into maritime boundary areas (except tourist-service zones and economic zones) issued by provincial-level Public Security Departments of the localities where they permanently or temporarily reside or by provincial-level Public Security Departments of the localities where they arrive, and must present such papers upon request of competent agencies. If wishing to stay overnight, they shall, through managers of their accommodation establishments, make sojourn registration with commune-level Public Security offices.”.

b) To amend and supplement Clause 2 as follows:

“2. Vietnamese agencies or organizations sending foreigners to maritime boundary areas shall produce letters of introduction of provincial-level People’s Committees and, at the same time, notify their arrival in writing at least 24 hours in advance to provincial-level Public Security Departments and Border Guard Command of the localities where they will arrive. For foreigners who are members of high-ranking delegations visiting maritime boundary areas, Vietnamese agencies or organizations (that invite or work with the delegations) shall notify their arrival in writing at least 12 hours in advance to provincial-level Public Security Departments and Border Guard Command of the localities where they will arrive.”.

c) To amend and supplement Clause 4 as follows:

“4. For foreigners working in economic zones within maritime boundary areas or partly located in maritime boundary areas, their employers, Vietnamese partners, or representatives of foreign non-governmental organizations shall, within 24 hours after these foreigners start working, notify in writing provincial-level Departments of Home Affairs, commune-level People’s Committees, commune-level Public Security offices and local Border Guard stations of the full names, ages, citizenship, serial numbers of passports, dates of starting and finishing working, tasks, and workplaces of the foreigners, and names and addresses of their employing agencies or organizations.”.

4. To amend and supplement Clause 6, Article 8 as follows:

“6. In case of having accidents or incidents or seeking help for objective reasons (below referred to as case of being in distress) and the vessels have no choice but stop or anchor in the territorial sea or taking shelter at seaports or berths, their captains or operators shall send out emergency signals and, when conditions permit, immediately notify the maritime administrations or the national salvage and rescue agency, Border Guard and coastal commune-level People’s Committees of the nearest localities or the Department of Fisheries and Fisheries Surveillance (for fishing vessels), or other competent Vietnamese agencies in the nearest localities. These agencies shall, upon receiving the notice, organize rescue or immediately notify such to responsible agencies for organizing rescue.”.

5. To amend and supplement Clause 9 as follows:

“Article 9. Military exercises, search and rescue drills, maritime security drills, live-fire drills, or use of explosive materials in maritime boundary areas

Military exercises, search and rescue drills, maritime security drills, live-fire drills, or use of explosive materials in maritime boundary areas must comply with approved plans and shall be notified to related parties and, shall be notified 10 working days in advance to provincial-level People’s Committees and Military Command via local Border Guard Commands, Navy Zones, Coast Guard Zones, the Vietnam Maritime and Waterway Administration, and Border Guard Flotillas (if they are conducted in maritime zones).”.

6. To amend and supplement a number of clauses of Article 10 as follows:

a) To amend and supplement Clause 1 as follows:

“1. In addition to the papers specified in Clauses 1 and 2, and at Points a, b, c, d and g, Clause 3, Article 6 of this Decree, Vietnamese individuals, vehicles and craft engaged in exploration, scientific research, geological survey or survey of minerals, natural resources and aquatic resources in maritime boundary areas must possess licenses granted by competent agencies as prescribed by law, and shall notify their activities in writing 5 working days in advance to provincial-level People’s Committees and Military Commands via Border Guard Commands of the localities where these activities will be carried out.”.

b) To amend and supplement Clause 2 as follows:

“2. In addition to the papers specified at Points a, b, c and d, Clause 1, Article 8 of this Decree, foreign individuals, vehicles and craft engaged in investigation, exploration, survey or research activities, fishing or exploiting natural resources in maritime boundary areas shall obtain permission of related competent Vietnamese agencies and at the same time notify their activities in writing 5 working days in advance to provincial-level People’s Committees and Military Commands via Border Guard Commands of the localities where these activities will be carried out, and comply with this Decree and relevant regulations.”.

7. To amend and supplement Clause 3, Article 11 as follows:

“3. When formulating projects to build tourist zones, economic zones, transport or fisheries facilities and harbors or berths, or explore or exploit natural resources; or projects or facilities related to national defense and security or involving foreign elements in maritime boundary areas, local construction state management agencies shall consult in writing the Ministry of National Defence, the Ministry of Public Security, other related ministries and sectors, and provincial-level People’s Committees, Military Commands, and Public Security Departments before submitting the projects to competent authorities for approval.

When implementing the projects or building the facilities already licensed, their owners shall notify their activities in writing 3 working days in advance to provincial-level Military Commands via Border Guard Commands and provincial-level Public Security Departments and commune-level People’s Committees.”.

8. To amend and supplement a number of points and clauses of Article 12 as follows:

a) To amend and supplement Clause 2 as follows:

“2. For the sake of national defense, security and interests, chairpersons of provincial-level People’s Committees of coastal localities shall identify prohibited zones in maritime boundary areas at the proposal of functional sectors after reaching agreement with provincial-level Military Commands, and Public Security Departments.”.

b) To amend and supplement Point dd, Clause 5 as follows:

“dd) Decisions on prohibited zones or restricted areas shall be notified to provincial-level People’s Committees of coastal localities, the Vietnam Maritime and Waterway Administration, the Department of Fisheries and Fisheries Surveillance, and related parties for compliance.”.

9. To amend and supplement Clause 2, Article 17 as follows:

“2. To assume the prime responsibility for, and coordinate with the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of Agriculture and Environment and related ministries and sectors in, formulating a regulation on coordination among forces tasked to build, manage and protect national borders, protect political security and maintain social order and safety in maritime boundary areas in accordance with law; and carrying out search and rescue activities in maritime boundary areas.”.

10. To amend and supplement Clause 21 as follows:

“Article 21. The Ministry of Finance

1. To assume the prime responsibility for, and coordinate with the Ministry of National Defence, related ministries and sectors and provincial-level People’s Committees of coastal localities in, allocating investment funds and regular funds for the building, management and protection of maritime boundary areas according to the current state budget decentralization for submission to competent authorities for decision.

2. To coordinate with ministries and sectors and provincial-level People’s Committees of coastal localities in developing strategies, mechanisms and financial policies associated with the protection of national sovereignty, national defense, security, public order and social safety, thereby creating conditions for socio-economic development in maritime boundary areas.”.

11. To amend and supplement the title of Article 23 and a number of clauses of Article 23 as follows:

a) To amend the title of Article 23 as follows:

“Article 23. The Ministry of Construction”.

b) To amend and supplement Clauses 2 and 3 as follows:

“2. To direct Maritime Administrations and Inland Waterway Administrations to coordinate with regional Border Guard Commands, Border Guard Flotillas and Coast Guard Commands in examining and controlling the operation of waterway craft in maritime boundary areas and ensuring security and order of navigable channels.

3. To direct the Vietnam Maritime and Waterway Administration to assume the prime responsibility for, and coordinate with Border Guard forces and related agencies and units in, organizing maritime search and rescue drills and maritime security drills in seaport waters and maritime zones of Vietnam in accordance with law.”.

12. To amend and supplement Clause 24 as follows:

Article 24. The Ministry of Agriculture and Environment

1. To assume the prime responsibility for, and coordinate with the Ministry of National Defence, other related ministries and sectors and provincial-level People’s Committees of coastal localities in, developing programs, plans, master plans and projects on exploitation and use of marine natural resources and protection of marine environment in combination with protection of national sovereignty, national defense and security in maritime boundary areas.

2. To coordinate with the Ministry of National Defence, the Ministry of Public Security, the Ministry of Foreign Affairs and other related ministries and sectors in developing strategies, policies and schemes on national defense, security and diplomacy in combination with socio-economic development in maritime boundary areas; to participate in appraising master plans and schemes on establishment of marine reserves in maritime boundary areas.

3. To direct the Department of Fisheries and Fisheries Surveillance to coordinate with the Border Guard and Coast Guard forces and functional forces in inspecting and controlling fishing activities at sea, ensuring safety for fishermen in Vietnam’s maritime zones; to direct forest protection forces to coordinate with Border Guard forces and administrations of coastal localities in managing and protecting coastal protection forests.

4. To coordinate with the Ministry of National Defence, the Ministry of Public Security, the Ministry of Foreign Affairs (the National Border Committee), the Ministry of Justice, relevant ministries and sectors and provincial-level People’s Committees of coastal localities in conducting public information on seas and islands, and examining and controlling the research, investigation, survey, exploration, exploitation and use of marine resources and protection of marine environment in maritime boundary areas; to compile documents and organize public information and education for fishermen to raise their awareness and sense of responsibility about the protection of national sovereignty and sovereign rights over sea.

5. To guide and organize the reporting on and notification of developments at sea related to the protection of national sovereignty and sovereign rights and fishing activities of fishermen to concerned agencies, organizations, and individuals.”.

13. To amend and supplement Clause 6, Article 26 as follows:

6. In case the National Assembly Standing Committee promulgates a decision on adjustment of the boundaries of a commune-level administrative unit, the chairperson of the provincial-level People’s Committee of the concerned coastal locality shall consolidate and report to the Ministry of National Defence for proposing the Government to add such unit to or remove it from the list of communes, wards and special zones in maritime boundary areas provided in the Appendix to this Decree.”.

Article 4. Amending and supplementing a number of articles of the Government’s Decree No. 77/2017/ND-CP dated July 03, 2017, on management and protection of security and order at port border gates

1. To amend and supplement a number of points and clauses of Article 3 as follows:

1. To amend and supplement Points a and b, Clause 1 as follows:

“a) A seaport border gate covers the seaport, harbor and piers. It also refers to an offshore oil and gas port opened under announcement of the Ministry of Construction or Vietnam Maritime and Waterway Administration according to the competence prescribed by law for Vietnamese and foreign ships to enter and leave for cargo loading and unloading and passenger embarkation and disembarkation and other activities.

Seaport border gates include also inland ports, landing stages and fish ports located within a seaport’s waters.

b) Inland port border gate covers the inland port and landing stage opened under announcement of the Ministry of Construction or Vietnam Maritime and Waterway Administration or a provincial-level Department of Construction according to the competence prescribed by law for Vietnamese and foreign ships to enter and leave or conduct port transfer for cargo loading and unloading and passenger embarkation and disembarkation and other activities.

Inland port border gates include also inland landing stages with waters in front of piers within an inland port border gate’s water.”.

b) To amend and supplement Clause 6 as follows:

“6. Port border guards mean unit attached to the border guard command, including the border guard command and border guard station of a port border gate.”.

2. To amend and supplement Point b, Clause 3, Article 17 as follows:

“b) Papers to be presented by the person carrying out procedures:

When carrying out exit procedures: the original license for the fishing ship to exploit aquatic resources in the sea outside the Vietnamese sea granted by the Department of Fisheries and Fisheries Surveillance; ordinary passports and crew books of crewmembers; passports of passengers (if any).”.

3. To amend and supplement Clause 4, Article 38 as follows:

“4. When implementing the licensed construction projects, their owners shall notify such in writing 3 working days in advance to the provincial-level Military Commands via the Border Guard Commands, provincial-level Public Security Departments and administrations of the localities concerned.”.

Article 5. Amending and supplementing a number of articles of the Government’s Decree No. 114/2017/ND-CP dated October 09, 2017, on Border Guard stations located in deep-lying and remote areas

1. To amend and supplement Clause 2, Article 3 as follows:

“2. A Border Guard station is a grassroots-level unit of the Border Guard forces under the Border Guard Command, tasked with the management and protection of territorial sovereignty and the national border, and with maintaining security, public order, and social safety in land border areas, sea areas, and islands in accordance with the law.”.

2. To amend and supplement Clause 1, Article 5 as follows:

“Border Guard stations located in deep-lying and remote areas include those satisfying any of the following criteria:

1. They are garrisoned in, and exercise management over, mountainous communes or special zones characterized by complex, rugged, and highly fragmented natural terrain, with difficult and limited transportation access.”.

Article 6. Amending and supplementing a number of articles of the Government’s Decree No. 106/2021/ND-CP dated December 06, 2021, detailing a number of articles of the Law on Vietnam Border Defense

1. To amend and supplement a number of points and clauses of Article 3 as follows:

a) To amend and supplement Point a, Clause 1 as follows:

“1. The Border Guard High Command

a) Agencies under the Border Guard High Command include: The General Staff Department; the Political Department; the Reconnaissance Department; the Department for Drug and Crime Prevention and Control; the Border Gate Department; and the Logistics-Technical Department;”.

b) To amend and supplement Point a and the title of Clause 2 as follows:

“2. The Border Guard Command affiliated to the provincial-level Military Command

a) Agencies under the Border Guard Command affiliated to the provincial-level Military Command include: The Staff Office; the Political Office; the Professional Affairs Office; the Logistics-Technical Office; and the Finance Office;”.

2. To amend and supplement Clause 7, Article 7 as follows:

“7. To assume the prime responsibility for, and coordinate with the Ministry of Finance in, consolidating the medium-term, long-term, and annual investment plans of the Border Guard forces in accordance with the Law on Public Investment; to identify and include in the list the projects financed by the state budget and the priority projects for the development of the Border Guard forces.”.

3. To add Clause 10a after Clause 10, Article 7 as follows:

“10a. To direct affiliated agencies and units to carry out the selection, training, assignment of duties, and implementation of regimes and policies applicable to citizens belonging to ethnic minorities residing in border areas and islands, and to persons with talents, for the purpose of creating a long-term personnel source for service in the Border Guard forces in accordance with the law.”.

4. To add Clause 5a after Clause 5, Article 9 as follows:

“5a. To coordinate with the Ministry of National Defence in ensuring the protection and safety of telecommunication information infrastructure works located in border areas.”.

5. To amend and supplement Clause 6, Article 9 as follows:

“6. To coordinate with the Ministry of National Defence in:

a) Providing training, fostering, and guidance to the Border Guard forces regarding professional skills and legal knowledge on national security, public order, and social safety;

b) Inspecting, supervising, and handling harmful interference among radio communication networks serving socio-economic development, national defense, and security;

c) Organizing training and professional capacity-building in information security, and in the use of communication and technological equipment for Border Guard officers and soldiers, and providing support in cases of emergency technical incidents relating to information safety in service of border defense duties upon request”.

6. To add Clauses 3a, 3b and 3c after Clause 3, Article 10 as follows:

“3a. To give priority to the allocation of funding for investment in the construction of infrastructure and barracks facilities for units of the Border Guard forces; and to provide guidance to provincial-level People’s Committees of localities having national borders in preparing and ensuring budget allocations for the performance of border defense duties at the local level.

3b. To monitor, inspect, and conduct examination and audit of plans, programs, and projects related to the performance of border defense duties.

3c. To coordinate with the Ministry of National Defence in consolidating the medium-term, long-term, and annual investment plans of the Border Guard forces in accordance with the law; to identify and include in the list the projects financed by the state budget and the priority projects for the development of the Border Guard forces.”.

7. To amend and supplement Clause 15 as follows:

“Article 15. Responsibilities of the Ministry of Agriculture and Environment

1. To assume the prime responsibility for, and coordinate with the Ministry of National Defence, relevant ministries and sectors, and provincial-level administrations of localities having national borders in, formulating plans for the implementation of activities related to the prevention and control of animal and plant diseases along both sides of the border and within border areas and border gates; the management of fisheries activities; the prevention, detection, interdiction, and handling of acts of illegal fishing and exploitation; the management, protection, and prevention and control of forest fires; to conduct management, operation, and protection of irrigation and dyke-related works; to prevent and combat smuggling of agricultural materials and products and illegal transport of wildlife; to organize and implement the National Target Program on sustainable poverty reduction and social security, and other social assistance programs and schemes in border areas.

2. To direct and guide affiliated agencies and units to notify the Border Guard forces of operational developments relating to the protection of natural resources and the environment in border areas and border gates; to exchange and provide hydrometeorological warning and forecasting information serving the duties of the Border Guard forces; and to share with the Border Guard forces information and documents concerning fishing vessel data, fisheries exploitation, forestry, and violations of law by agencies, organizations, and individuals in border areas and border gates relating to fields under its management.

3. To direct competent forces under its competence to coordinate with the Border Guard forces in patrolling, inspecting, supervising, and handling violations of law under the management in border areas and border gates in accordance with law; to ensure security and safety and handle violations of law relating to works, equipment, and activities of national hydrometeorological observation stations located in border areas and border gates; to ensure security and safety for activities of marine fisheries research and conservation; and to conduct search and rescue operations at sea.

4. To apply measures to prevent, detect, handle, remedy, and mitigate pollution and environmental degradation, as well as degradation of ecosystems in border areas; to provide national hydrometeorological forecasts and warnings, natural disaster forecasts, and assessments of disaster risks; and to inspect, supervise, remedy, and resolve the consequences of environmental incidents, and to conserve biodiversity in border areas.

5. To transfer to the Border Guard force dossiers, persons, means, and exhibits involving violations of law under the handling competence of the Border Guard force; and to receive dossiers, persons, means, and exhibits involving violations of law within the competence of functional forces under the Ministry of Agriculture and Environment as transferred by the Border Guard force.

6. To support and provide professional and technical training to Border Guard officers and soldiers to enhance their capacity in identifying violations of law in activities involving the exploitation, use, and protection of natural resources and the environment, the remediation of environmental incidents, and violations of law within sectors under the management of the Ministry of Agriculture and Environment occurring in border areas and border gates.

7. To train, foster, and enhance the professional competence of Border Guard officers and soldiers participating in the National Target Program on sustainable poverty reduction and in social assistance programs and schemes implemented in deep-lying, remote, and extremely difficult border areas.

8. To coordinate with provincial-level local administrations and the Ministry of National Defence in arranging and stabilizing population settlement in border areas and resolving spontaneous migration; to implement poverty-reduction programs, production restructuring, and transformation of cultivation and husbandry practices; to apply technical advances to achieve sustainable socio-economic development in border areas; and to build new rural areas associated with building the all-people border defense and the all-people border defense posture.”.

8. To amend and supplement Clause 1, Article 19 as follows:

“1. To assume the prime responsibility for, and coordinate with the Ministry of National Defence, relevant ministries and sectors, and provincial-level administrations of localities having national borders in, implementing policies on the conservation, promotion, and development of cultural values of the communities of Vietnamese ethnic groups in border areas; to organize the implementation of the planning of the national tourism system, regional tourism zones, key tourism localities, and national tourist areas in border areas; and to provide materials serving information, communication, and external information activities in Vietnamese, English, Chinese, Lao, Cambodian, ethnic minority languages, and the languages of countries having maritime zones adjacent to Vietnam.”.

9. To amend and supplement Clause 23 as follows:

Article 23. Responsibilities of the Ministry of Construction

1. To assume the prime responsibility for, and coordinate with the Ministry of National Defence, relevant ministries and sectors, and provincial-level administrations of localities having national borders in, the formulation and appraisal of urban and rural planning subject to the Prime Minister's approval competence, ensuring the inclusion of national security and national defense elements in border areas and border gates.

2. To assume the prime responsibility for, or coordinate in, organizing search and rescue activities in road, railway, inland waterway, maritime, and aviation transportation sectors in border areas in accordance under the competence.

3. To assume the prime responsibility for, and coordinate with forces under the Ministry of National Defence and relevant agencies and units in, organizing drills on maritime security incident scenarios in maritime boundary areas.

4. To direct affiliated agencies and units to promptly notify the Border Guard force of information concerning security and safety in road, railway, inland waterway, and maritime transportation in border areas and border gates. In emergency cases, notification may be made directly by telephone, provided that it is subsequently confirmed in writing.

5. To transfer to the Border Guard force dossiers, persons, means, and exhibits involving violations of law under the handling competence of the Border Guard force; and to receive dossiers, persons, means, and exhibits involving violations of law within the competence of functional forces under the Ministry of Construction as transferred by the Border Guard force.

6. To provide guidance and support to the Border Guard force in professional and technical matters within competence to serve the handling of violations of law relating to road, railway, and inland waterway transportation occurring in border areas and border gates.

7. To coordinate with the Ministry of National Defence in guiding and inspecting the implementation of important construction investment projects and national key works located in border areas and border gates in accordance with law.”.

10. To add Clause 3 after Clause 2, Article 24 as follows:

“3. To direct affiliated agencies and units to connect information systems serving national defense and security purposes in border areas and border gates; to exchange and provide the Border Guard force, upon request, with necessary information and documents relating to the use of mobile networks in service of crime prevention and combat and law violation control in border areas and border gates; radio frequencies; and telecommunication cable routes.”.

11. To add Article 24a after Article 24 as follows:

“Article 24a. Responsibilities of the Ministry of Ethnic and Religious Affairs

1. To assume the prime responsibility for, and coordinate with relevant ministries and sectors in, formulating and submitting to competent authorities for promulgation ethnic policies, special policies, and socio-economic development programs, projects, and schemes to support poverty reduction in communes, villages, and hamlets with difficult or extremely difficult socio-economic conditions in ethnic minority areas located in border regions.

2. To coordinate with the Ministry of National Defence and relevant ministries, sectors, and localities in implementing policies for persons of prestige among ethnic minority communities, in mobilizing the population to safeguard border security, in building new rural areas; in promoting cultural life, and in eliminating obsolete and harmful customs within the scope of its assigned management competence.

3. To coordinate with the Ministry of National Defence in strengthening and promoting the solidarity and friendship of ethnic minority communities along border areas; to organize exchanges and experience-sharing activities among representatives of ethnic minority groups and persons of prestige within ethnic minority communities in border areas, thereby contributing to strengthening the people’s defense posture.”.

Article 7. Amending and supplementing a number of articles of the Government’s Decree No. 34/2023/ND-CP dated June 16, 2023, amending and supplementing a number of articles of the Government’s Decree No. 112/2014/ND-CP of November 21, 2014, providing the management of land border gates

1. To amend and supplement Points b and c, Clause 2 and Clause 3, Article 12 of Decree No. 112/2014/ND-CP, which was amended and supplemented under Clause 7, Article 1 of Decree No. 34/2023/ND-CP as follows:

a) To amend and supplement Points b and c, Clause 2 as follows:

“b) Assume the prime responsibility for, and coordinate with the Ministry of National Defence, the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of Industry and Trade, the Ministry of Health, the Ministry of Agriculture and Environment, and the Ministry of Construction in, determining the scopes of international border gates and main border gates (bilateral border gates), customs-clearance paths, special-use roads for goods transport, and report to the Government for decision;

c) Assume the prime responsibility for, and coordinate with the Ministry of National Defence, the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of Industry and Trade, the Ministry of Construction, and the Ministry of Agriculture and Environment in, formulating and appraising master plans on construction of international border gates and main border gates (bilateral border gates), and submit them to the Prime Minister for approval;”.

b) To amend and supplement Clause 3 as follows:

“3. The Border Guard Commands shall assume the prime responsibility for, and coordinate with provincial-level departments and sectors, including Public Security Departments, Foreign Affairs Departments, Industry and Trade Departments, Health Departments, Agriculture and Environment Departments, Construction Departments, Finance Departments, and commune-level People’s Committees of localities having secondary border gates (local border gates) and border crossings, and representatives of local Customs Branches in, determining scope of secondary border gates (local border gates) and border crossings, and submit them to the Commander of the provincial-level Military Commands for reporting to provincial-level People’s Committees for decision.”.

2. To amend and supplement Point a, Clause 3, Article 18 of Decree No. 112/2014/ND-CP, which was amended and supplemented under Clause 10, Article 1 of Decree No. 34/2023/ND-CP as follows:

“a) Assume the prime responsibility for, and coordinate with the Ministry of National Defence, the Ministry of Public Security, the Ministry of Finance, the Ministry of Industry and Trade, the Ministry of Agriculture and Environment, the Ministry of Construction, and the Ministry of Health in, organizing the formulation, appraisal and approval of tasks of formulating master plans on border gates on the borderlines, including the master plan on border gates on the Vietnam-China land borderline, the master plan on border gates on the Vietnam-Laos land borderline, and the master plan on border gates on the Vietnam-Cambodia land borderline according to the order provided in Appendix I to this Decree.”.

3. To amend and supplement Point d, Clause 1; Points a and c, Clause 2, Article 20 of Decree No. 112/2014/ND-CP, which was amended and supplemented under Points c, d and e, Clause 12, Article 1 of Decree No. 34/2023/ND-CP as follows:

a) To amend and supplement Point d, Clause 1 as follows:

“d) Within 20 working days after receiving the People’s Committee of the border province’s report on the dossier for opening or upgrading of the border gate, the Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Ministry of National Defence, Ministry of Public Security, Ministry of Industry and Trade, Ministry of Finance, Ministry of Construction, Ministry of Agriculture and Environment, and the Ministry of Health in, surveying the site of the to-be-opened or to-be-upgraded international border gate or main border gate (bilateral border gate).”.

b) To amend and supplement Points a and c, Clause 2 as follows:

“a) At the proposal of the provincial-level Military Command, the chairperson of the People’s Committee of the border province shall decide to form a working team composed of representatives of the related provincial-level departments and sectors, including the Military Command, Public Security Department; Foreign Affairs Department; Industry and Trade Department; Health Department; Agriculture and Environment Department; Construction Department; Finance Department; the People’s Committee of the commune having to-be-opened or to-be-upgraded secondary border gate (local border gate) or border crossing, and the representative of local Customs Branch, with the Border Guard Command assuming the prime responsibility for conducting surveys to identify the site for the to-be-opened or to-be-upgraded secondary border gate (local border gate) or border crossing, physical foundations, equipment, facilities and human resources for inspection and control, and flows of people, vehicles and goods on entry and exit. Within 7 working days after completing the survey, the Border Guard Command shall summarize survey results and propose the provincial-level Military Command on the opening or upgrading of the secondary border gate (local border gate) or border crossing;

c) Within 20 working days after the conclusion of negotiations with the provincial-level administration of the neighboring country, based on negotiation results, the People’s Committee of the border province shall send written requests for opinions to the Ministry of National Defence, Ministry of Foreign Affairs, Ministry of Public Security, Ministry of Industry and Trade, Ministry of Finance, Ministry of Agriculture and Environment, Ministry of Construction, and the Ministry of Health (enclosed with a dossier comprising a written explanation about the opening or upgrading of the secondary border gate (local border gate) or border crossing (the original); a master plan diagrams and maps of the area for opening or upgrading of the secondary border gate (local border gate) or border crossing (the original); a report (the original) on the satisfaction of criteria for opening or upgrading of the secondary border gate (local border gate) or border crossing (according to the criteria specified in Appendix III to this Decree); a socio-economic, defense and security impact assessment report (the original); a report (the original) on flows of people, vehicles and goods on entry and exit, in case a border crossing is upgraded into a secondary border gate (local border gate); and copies of the agreement and negotiation minutes. Within 10 working days after receiving the written requests for opinions of the People’s Committee of the border province, the above-mentioned ministries shall give their written opinions.”.

4. To amend and supplement Clause 2, Article 2 as follows:

“2. For dossiers of request for opening or upgrading of international border gates or main border gates that have been reported to the Government (through the Ministry of Foreign Affairs) and dossiers of request for opening or upgrading of secondary border gates or border crossings that have been sent from People’s Committees of border provinces to the Ministry of National Defence, Ministry of Foreign Affairs, Ministry of Public Security, Ministry of Industry and Trade, Ministry of Finance, Ministry of Agriculture and Environment, Ministry of Construction, and Ministry of Health for opinions before the effective date of this Decree, the order, procedures and dossier components must comply with the Government's Decree No. 112/2014/ND-CP dated November 21, 2014, providing the management of land border gates.”.

5. To amend and supplement Point b, Clause 3, Section I of Appendix I as follows:

“b) The Appraisal Council for the task of formulating the planning shall comprise: The Chairperson of the Council, who shall be a leader of the Ministry of Foreign Affairs; the Vice Chairperson of the Council; and members of the Council, who shall include representatives of the Ministry of National Defence, Ministry of Public Security, Ministry of Finance, Ministry of Industry and Trade, Ministry of Agriculture and Environment, Ministry of Health, Ministry of Construction, and representatives of relevant People’s Committees of border provinces, representatives of the planning-formulating agency and relevant units under the Ministry of Foreign Affairs, and planning experts, of whom two (02) members shall serve as peer reviewers.”.

6. To amend and supplement Point b, Clause 1, Section II of Appendix I as follows:

“b) The Planning Appraisal Council shall comprise:

- The Chairperson of the Council, who shall be a leader of the Ministry of Foreign Affairs;

- The Vice Chairperson of the Council;

- Members of the Planning Appraisal Council, who shall include representatives of the Ministry of National Defence, Ministry of Public Security, Ministry of Finance, Ministry of Industry and Trade, Ministry of Agriculture and Environment, Ministry of Health, Ministry of Construction, and representatives of the planning-formulating agency and relevant units under the Ministry of Foreign Affairs, and planning experts, of whom two (02) members shall serve as peer reviewers.”.

Article 8. Replacing Appendices and annulling a number of articles and clauses of Decree No. 34/2014/ND-CP, Decree No. 112/2014/ND-CP, Decree No. 71/2015/ND-CP and Decree No. 106/2021/ND-CP

1. To replace Appendices to Decree No. 34/2014/ND-CP and Decree No. 71/2015/ND-CP:

a) To replace the List of land border communes, wards and townships in the Appendix to Decree No. 34/2014/ND-CP with Appendix I promulgate together with this Decree;

b) To replace the List of communes, wards and townships in maritime boundary areas in the Appendix to Decree No. 71/2015/ND-CP with Appendix II promulgate together with this Decree.

2. To annul a number of articles and clauses of the following Decrees:

a) To annul Article 16 of Decree No. 34/2014/ND-CP;

b) To annul Clause 6, Article 26 of Decree No. 112/2014/ND-CP;

c) To annul Article 20 and Article 22 of Decree No. 71/2015/ND-CP;

d) To annul Clause 12, Article 7; Article 12; Article 13; Article 14; Article 16; Article 20; and Clause 1, Article 25 of Decree No. 106/2021/ND-CP.

Article 9. Effect

This Decree takes effect from November 17, 2025.

Article 10. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, Chairpersons of People’s Committees of provinces and centrally-run cities, and Vietnamese agencies, organizations and individuals, and foreign organizations and individuals shall implement this Decree./.

 

 

ON BEHALF OF THE GOVERNMENT

PRIME MINISTER

 

Pham Minh Chinh

 

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