Law on Vietnam Border Defense, No. 66/2020/QH14

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ATTRIBUTE Law on Vietnam Border Defense

Law No. 66/2020/QH14 dated November 11, 2020 of the National Assembly on Vietnam Border Defense
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:66/2020/QH14Signer:Nguyen Thi Kim Ngan
Type:LawExpiry date:Updating
Issuing date:11/11/2020Effect status:
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Fields:National Security

SUMMARY

From 2022, 04 cases subject to restriction or suspension of activities in the border belts

The Law on Vietnam Border Defense, No. 66/2020/QH14 is adopted by the National Assembly on November 11, 2020.

Accordingly, prohibited acts in border defense include: Infringing upon the national sovereignty and territory; undermining and destabilizing security or social order and safety in border areas and border gates; Using, or allowing the use of, Vietnam’s border areas to destroy or interfere in affairs of other countries; Impersonating agencies, organizations or persons performing border defense tasks; Bribing, enticing, dragging or forcing persons performing border defense tasks to act against the law, etc.

Besides, cases subject to restriction or suspension in the border belts include: Disputes over the border or territory; Riots, terrorism, hostage, or arrest of armed criminals; Prevention of natural disasters, fires, floods or epidemics from spreading across the borders; The government, a local authority or the border management and protection force of a bordering country requesting restriction or suspension of cross-border travel.

Measures to manage and protect the national borders include: Mass mobilization; Legal measures;  Diplomatic measures; Economic measures; Scientific-technical measures; Professional measures; Use of armed forces. March 3 is the traditional day of the Border Guard, the Day of All-People Border Guard.

This Law takes effect on January 01, 2022.

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TTXVN

THE NATIONAL ASSEMBLY

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 66/2020/QH14

 

 

 

LAW

On Vietnam Border Defense[1]

 

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Vietnam Border Defense.

 

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides policies, principles, tasks, activities, forces, guarantees, and responsibilities of agencies, organizations and individuals regarding border defense.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Border defense means a combination of all activities and measures to protect the independence, sovereignty and territorial unity and integrity of the Fatherland and ensure security and social order and safety in border areas with the combined strength of the entire nation.

2. All-people border defense means the country’s border defense strength, built on the political and spiritual foundations and resources under the motto of all-people approach, comprehensiveness, independence, self-reliance and resilience.

3. All-people border defense posture means the organization, deployment, and arrangement of necessary forces and resources to perform border defense tasks in accordance with the National Border Protection Strategy.

4. Border belt means a territorial part of a width of 100m to 1,000m measured from the national borderline on the mainland, as decided by the provincial-level People’s Council of locality where the national border exists or by the Prime Minister in special cases.

5. Border Guard officers and soldiers include officers, professional army men, defense workers and employees, non-commissioned officers and soldiers on the state payroll of the Border Guards.

Article 3. State policies on border defense

1. Implementation of the policy of independence, sovereignty and territorial unity and integrity; building of borders of peace, friendship, cooperation and long-term development and stability with bordering countries; expansion of international cooperation, national defense and security diplomacy, border defense diplomacy and people’s diplomacy.

2. Settlement of national border issues by peaceful means on the basis of respect for each other’s independence, sovereignty, territorial unity and integrity, and legitimate interests, and in accordance with the Constitution and law of Vietnam and treaties to which the Socialist Republic of Vietnam is a contracting party.

3. Use of legitimate and appropriate measures to protect the independence, sovereignty and territorial unity and integrity of the Fatherland.

4. Implementation of the policy of great national unity; building of a strong and wide all-people national border protection force with the People as the subjects and the people’s armed forces as the core.

5. Consolidation and strengthening of national defense and security; prioritization of investment resources, modernization of border works, and assurance of economic, cultural, social, scientific, technological, and foreign relations development in border areas.

6. Mobilization of resources of agencies, organizations and individuals in the performance of border defense tasks.

7. Encouragement and creation of conditions for agencies, organizations and individuals to provide material, financial and spiritual support for the performance of border defense tasks on the principles of voluntariness, non-contravention of Vietnam’s law and conformity with international law.

Article 4. Principles of performing border defense tasks

1. To abide by the Constitution and law of Vietnam and treaties to which the Socialist Republic of Vietnam is a contracting party; to respect for national independence, sovereignty, territorial integrity and borders of other countries.

2. To submit to the absolute and direct leadership by the Communist Party of Vietnam in all aspects and to the centralized and unified management by the State.

3. To bring into play the combined strength of the entire people and the political system, rely on the People and submit to the People’s supervision.

4. To combine national defense and security with socio-economic affairs and vice versa; to combine performance of border defense tasks with building and consolidation of the political system and assurance of economic, cultural, social, scientific, technological and foreign relations development in border areas.

Article 5. Border defense tasks

1. To formulate and implement national border protection strategies and plans.

2. To manage and protect the sovereignty, territorial unity and integrity, and the national borders; to build, manage and protect the system of national border markers, marking objects and signs of borderlines, border works, border gates and other works in border areas.

3. To protect the interests of the country and the nation, peace, security, social order and safety, economy, culture, society, natural resources and the environment; to ensure law enforcement in border areas and border gates.

4. To combine socio-economic development with strengthening and consolidation of national defense, security and foreign relations in border areas.

5. To build the all-people border defense and all-people border defense posture in the all-people national defense and all-people national defense posture associated with the people’s security and people’s security posture; to build defense zones in provincial- and district-level border areas and civil defense; to prevent, combat, respond to and overcome consequences of incidents, natural disasters, catastrophes, climate change and epidemics; to carry out search, rescue and salvage activities in border areas.

6. To implement international cooperation on border defense, border defense diplomacy, people’s diplomacy, and building of borders of peace, friendship, cooperation, and long-term development and stability.

7. To stand ready for combat and combat wars of aggression and armed conflicts.

Article 6. Forces to perform border defense tasks

1. Agencies, organizations and people’s armed forces units in border areas and border gates.

2. Leading, commanding and managing agencies of the agencies, organizations and people’s armed forces units defined in Clause 1 of this Article.

Article 7. Responsibilities of and regimes and policies for agencies, organizations and citizens participating in, coordinating and cooperating with and assisting forces performing border defense tasks

1. Agencies, organizations and citizens shall join, coordinate, cooperate with, and assist forces performing border defense tasks.

2. Citizens in border areas shall participate in building the all-people border defense and all-people border defense posture and in movements to protect sovereignty, territory and the national borders, and maintain security and social order and safety in border areas and border gates.

3. Agencies, organizations and citizens that join, coordinate, cooperate with, and assist forces performing border defense tasks and record achievements shall be commended and/or rewarded; and are entitled to compensation for damage of their property and to restoration of their honor or dignity if it is hurt; for people suffering injuries, health damage or loss of life, they or their families are entitled to the law-provided regimes and policies.

Article 8. Prohibited acts in border defense

1. Infringing upon the national sovereignty and territory; undermining and destabilizing security or social order and safety in border areas and border gates.

2. Using, or allowing the use of, Vietnam’s border areas to destroy or interfere in affairs of other countries; threatening to use or using force in border relations.

3. Impersonating agencies, organizations or persons performing border defense tasks; resisting, obstructing, taking revenge on, threatening, infringing upon life or health, or offending the honor or dignity of persons performing border defense tasks.

4. Bribing, enticing, dragging or forcing persons performing border defense tasks to act against the law.

5. Taking advantage of and abusing the performance of border defense tasks to violate the law, infringe upon the interests of the State or the legitimate rights and interests of agencies, organizations and individuals.

6. Practicing gender-related discrimination, sowing division, or practicing discrimination in terms of ethnicity, race, nationality, belief, religion or educational level in the performance of border defense tasks.

7. Producing, using, buying and selling, exchanging, transporting, or disseminating false information and images of sovereignty, territory and the national borders.

Chapter II

BASIC ACTIVITIES OF BORDER DEFENSE

Article 9. All-people border defense and all-people border defense posture

1. Basic contents of building the all-people border defense:

a/ Formulating, and organizing the implementation of, the Strategy for protection of the national borders, defense zones and civil defense, and defense plans in border areas;

b/ Building and consolidating the political system in border areas;

c/ Building political, spiritual, military, security, diplomatic, economic, cultural, social, scientific and technological potentials to meet the requirements of border defense tasks;

d/ Building a strong and wide all-people national border protection force; building a revolutionary, regular and elite Border Guard force which will be step by step modernized, with a number of elements going straight to modernization;

dd/ Building a movement for all people to participate in the protection of national sovereignty, territory and borders and in the preservation of security and social order and safety in border areas and border gates.

2. Basic contents of building the all-people border defense posture:

a/ Building infrastructure systems, and arranging residential clusters to meet the requirements of construction, socio-economic development, national defense and security in border areas;

b/ Constructing interconnected and solid defense works; organizing and arranging forces to meet the requirements of border defense tasks;

c/ Ensuring coordination among agencies, organizations and forces to bring into play their combined strength, promptly deal with situations at the borders and in border areas;

d/ Organizing the People’s participation in the performance of border defense tasks.

Article 10. Coordination in the performance of border defense tasks

1. Scope of coordination in the performance of border defense tasks:

a/ The Ministry of National Defense shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and provincial-level administrations in, managing and protecting the national borders and maintaining security and social order and safety in border areas and border gates;

b/ Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, assume the prime responsibility for, and coordinate with the Ministry of National Defense, provincial-level administrations and related agencies and organizations in, performing border defense tasks;

c/ Provincial-level administrations of localities where the national borders exist shall, within the ambit of their tasks and powers, assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies, localities, agencies and organizations in, performing border defense tasks;

d/ District- and commune-level administrations of localities where the national borders exist shall, within the ambit of their tasks and powers, assume the prime responsibility for, and coordinate with related localities, agencies and organizations in, performing border defense tasks.

2. Principles of coordination in the performance of border defense tasks:

a/ Being based on the functions, tasks, powers and areas of operation of the forces performing border defense tasks in accordance with law; not obstructing lawful activities of agencies, organizations and individuals;

b/ Ensuring the centralized and unified administration in accordance with law;

c/ Being proactive, flexible, confidential, timely, effective and associated with the responsibility of heads;

d/ In the same area, when detecting a violation related to the tasks and powers of different agencies, organizations or forces, the agency, organization or force that detects the violation first shall handle it according to its law-provided competence; in case the violation falls beyond its competence, such agency, organization or force shall initially handle it and transfer the documents, persons, exhibits, vessels and vehicles involved in the violation to the competent agency, organization or force for settlement. The receiving agency, organization or force shall notify results of investigation and handling of the violation to the transferring agency, organization or force.

3. Contents of coordination in the performance of border defense tasks:

a/ Exchanging information and documents; proposing competent authorities to formulate policies and laws on border defense;

b/ Patrolling, inspecting, controlling, and handling national defense, security, social order and safety situations; fighting crimes and violations; preventing,  combating, responding to, and overcoming consequences of, incidents, natural disasters, catastrophes, climate change and epidemics; carrying out search, rescue and salvage activities in border areas and border gates;

c/ Building a strong all-people border defense and all-people border defense posture in border areas;

d/ Building a core and specialized force;

dd/ Providing professional operations and skills training for forces performing border defense tasks;

e/ Propagandizing, disseminating and educating about the law  in border areas;

g/ Carrying out other relevant coordination activities.

4. The Government shall provide in detail the coordination among ministries, ministerial-level agencies and local administrations in performing of border defense tasks.

The Minister of National Defense shall provide in detail the coordination between the Border Guard force and other forces under the Ministry of National Defense in performing border defense tasks.

Article 11. Restriction or suspension of activities in the border belts and border areas, and travel through land border gates or border crossings

1. Cases subject to restriction or suspension:

a/ Disputes over the border or territory; armed conflicts; enemy intrusion; other activities that threaten the sovereignty, territory or national borders;

b/ Riots, terrorism, hostage, or arrest of armed criminals;

c/ Prevention of natural disasters, fires, floods or epidemics from spreading across the borders;

d/ The government, a local authority or the border management and protection force of a bordering country requesting restriction or suspension of cross-border travel.

2. Restricted or suspended activities:

a/ In border belts: entering and leaving border belts or areas affected by epidemics, fires, floods, or  natural disaster risks; organizing markets and festivals; conducting production and business activities, building works, and exploring and exploiting natural resources;

b/ In border areas: entering and leaving border areas or areas affected by epidemics, fires, floods, or natural disaster risks; organizing markets and festivals; conducting production and business activities, building works, and exploring and exploiting natural resources;

c/ Traveling the border through an international border gate, a main border gate or bilateral border gate, secondary border gate or border crossing.

3. The decision to restrict or suspend activities in a border belt or border area is as follows:

a/ The chief of a border guard station may issue a decision to restrict or suspend activities within the border belt under his/her management for no more than 12 hours and shall immediately report it to the Commander of the provincial-level Border Guard Command; and notify it to the foreign affairs agency and district- and commune-level administrations of the concerned locality;

b/ The Commander of the provincial-level Border Guard Command may issue a decision to restrict or suspend activities in the border area under his/her management for no more than 24 hours and shall immediately report it to the provincial-level People’s Committee and the Commander of the Border Guard; and notify it to the Ministry of Foreign Affairs and the provincial-level Department of Public Security.

After the 24-hour time limit expires, if deeming it necessary to continue to restrict or suspend activities in the border area, the Commander of the provincial-level Border Guard Command shall request the provincial-level People’s Committee to issue a decision to continue to restrict or suspend such activities for another 24 hours at most and notify it to the Ministry of Foreign Affairs and the provincial-level Department of Public Security;

c/ The decision to restrict or suspend activities specified at Point a or b of this Clause shall be notified to the agencies, organizations and individuals in the affected border area; and notified to the border management and protection force of the bordering country.

4. The decision to restrict or suspend travel through border gates or border crossings is as follows:

a/ The chief of a border guard station may issue a decision to restrict or suspend travel through a secondary border gate or border crossing for no more than 6 hours and shall immediately report it to the Commander of the provincial-level Border Guard Command; notify it to the district- and commune-level administrations of the concerned locality, agencies, organizations and individuals in the affected border area, and the border management and protection force of the bordering country. The Commander of the provincial-level Border Guard Command may issue a decision to restrict or suspend travel through a secondary border gate or border crossing for no more than 12 hours and shall immediately report it to the provincial-level People’s Committee and the Commander of the Border Guard; and notify it to the border management and protection force of the bordering country;

b/ The Commander of the provincial-level Border Guard Command may issue a decision to restrict or suspend travel through a main border gate or bilateral border gate for no more than 6 hours and shall immediately report it to the provincial-level People’s Committee and the Commander of the Border Guard; and notify it to the district- and commune-level administrations of the concerned locality, agencies and organizations in the affected border area, and the border management and protection force of the bordering country;

c/ The chairperson of a provincial-level People’s Committee may issue a decision to restrict or suspend travel through a main border gate or bilateral border gate for no more than 24 hours at the request of the Commander of the provincial-level Border Guard Command and shall immediately report it to the Prime Minister; and notify it to the local authority of the bordering country;

d/ The Prime Minister may issue a decision to restrict or suspend travel through an international border gate at the request of the Ministry of National Defense, Ministry of Public Security or Ministry of Foreign Affairs. The Ministry of Foreign Affairs shall notify such decision to the foreign relations agency of the bordering country.

5. Before the expiration of the time limit of restriction or suspension of border crossing, if deeming it necessary to continue the restriction or suspension, the decision to extend such time limit is as follows:

a/ The chief of a border guard station may issue a decision to extend the time limit of restriction or suspension of travel through a secondary border gate or border crossing for no more than 6 hours;

b/ The Commander of the provincial-level Border Guard Command may issue a decision to extend the time limit of restriction or suspension of travel through a main border gate or bilateral border gate for no more than 6 hours or through a secondary border gate or border crossing for no more than 12 hours;

c/ The chairperson of a provincial-level People’s Committee may issue a decision to extend the time limit of restriction or suspension of travel through a main border gate or bilateral border gate for no more than 24 hours;

d/ Before being decided, the extension shall be immediately reported to and subject to approval by the immediate superior authority; such extension shall be notified to agencies, organizations and individuals in the affected border area; and to the concerned local foreign affairs agency and the Ministry of Foreign Affairs under Clauses 3 and 4 of this Article.

6. In case the restriction or suspension is prematurely terminated, a competent person shall immediately notify it to the related agencies and in the mass media; and notify it to the border management and protection force and local authority of the bordering country.

7. Competent persons defined in this Article shall base themselves on actual situation to issue decisions and take responsibility before law for their decisions.

Article 12. International cooperation on border defense

1. Contents of international cooperation on border defense:

a/ Establishing and developing border relations; building and expanding friendly relations with authorities, people and functional forces of bordering countries and other countries; developing relations with relevant international organizations;

b/ Signing and implementing treaties and international agreements on border defense; establishing and implementing bilateral and multilateral border defense cooperation mechanisms in accordance with law;

c/ Negotiating and settling border- and border gate-related issues and cases; carrying out border patrols; controlling immigration, import and export at border gates and border crossings in accordance with law; preventing and fighting crimes and violations;

d/ Struggling to prevent any actions detrimental to the border relations between Vietnam and other countries;

dd/ Preventing, controlling, responding to, and overcoming consequences of, incidents, natural disasters, catastrophes, climate change and epidemics; conducting search, rescue and salvage activities;

e/ Providing professional training in, and exchanging experiences on, border defense, and transferring equipment, science and technology to strengthen the capacity to perform border defense tasks.

2. Forms of international cooperation on border defense:

a/ Conclusion of treaties and international agreements;

b/ Cooperation talks and exchanges;

c/ Information exchange and sharing;

d/ Other forms of cooperation in accordance with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party.

 

Chapter III

THE BORDER GUARD FORCE

Article 13. Position and functions of the Border Guard

1. The Border Guard is a people’s armed force, a component of the Vietnam People’s Army, and a core and specialized force managing and protecting the national borders and border areas.

2. The Border Guard has the function of advising the Minister of National Defense on promulgating according to his/her competence or proposing to the Party and the State policies and laws on border defense; perform the state management of national defense, security and foreign affairs, and assume the prime responsibility for, and coordinate with agencies and organizations in, maintaining security and social order and safety in border areas and border gates in accordance with law.

Article 14. Tasks of the Border Guard

1. To collect information, analyze, evaluate and forecast the situation in order to perform its tasks and propose the Ministry of National Defense, the Party and the State to promulgate, and direct the implementation of, policies and laws on border defense.

2. To advise the Ministry of National Defense on the management and protection of the national borders, maintenance of security and social order and safety in border areas and border gates, and building of the Border Guard force.

3. To manage and protect the national borders, the system of border markers and other marking objects and signs of borderlines, border works and border gates; to organize the inspection of the implementation of the law on border defense.

4. To maintain security and social order and safety, prevent, detect, stop and fight methods and tricks of operation of hostile forces, prevent and combat crimes and violations, and protect the lawful rights and interests of agencies, organizations and individuals in border areas and border gates in accordance with law.

5. To control immigration at border gates under the Ministry of National Defense’s management and control cross-border travel in accordance with law.

6. To carry out international cooperation on border defense and border defense diplomacy; to settle border- and border gate-related issues in accordance with law.

7. To propagandize, disseminate and educate about the law, and mobilize the People to observe the Party’s line and guidelines and the State’s policies and laws.

8. To stand ready to combat, and combat armed conflicts and wars of aggression in border areas.

9. To give advices on, and act as the core in building, the all-people border defense and all- people border posture in border areas; to participate in building defense zones in provincial- and district-level border areas and civil defense.

10. To receive and use human resources and civil means to perform its tasks in accordance with law.

11. To participate in building the grassroots political system, stably arranging the population, building the infrastructure system, developing socio-economic activities and implementing ethnicity and religion policies in border areas in association with building and strengthening national defense and security.

12. To participate in the prevention, control, response to and overcoming of consequences of incidents, natural disasters, catastrophes, climate change and epidemics, and in search, rescue and salvage activities in border areas.

Article 15. Powers of the Border Guard

1. To arrange and use forces, means and technical equipment to perform its tasks; to apply forms and measures to manage and protect the national borders in accordance with Articles 19 and 20 of this Law.

2. To patrol, inspect, control, manage and protect the national borders, the system of landmarks, marking objects and signs of borderlines, border works and border gates; to issue, modify, supplement and cancel visas and other papers used in national border management and protection; to inspect and control vehicles when there are signs of violation, handle law-violating vehicles in border areas or border gates in accordance with law.

3. To fight, prevent, investigate and handle violations in border areas and border gates in accordance with law.

4. To restrict or suspend activities in border belts and border areas, and travel through border gates or border crossing in accordance with Article 11 of this Law.

5. To use weapons, explosives and support tools in accordance with Article 17 of this Law.

6. To mobilize people, vessels, vehicles and civil technical equipment in accordance with Article 18 of this Law.

7. To directly chase and arrest law-violating people or vehicles from the borders to the inland; to coordinate with forces in detecting and arresting violators fleeing in the inland; to chase and arrest law-violating people or vehicles running from the internal waters or territorial sea of Vietnam out of the territorial sea of ​​Vietnam in accordance with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party.

8. To cooperate and coordinate with functional forces of bordering countries, other countries and international organizations in the management and protection of the national borders and border gates, prevention and combat of crimes and violations in accordance with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 16. Scope of operation of the Border Guard

1. Operating in border areas and border gates under the Ministry of National Defense’s and the inland to perform its functions, tasks and powers in accordance with law.

2. Operating outside the borders under treaties to which the Socialist Republic of Vietnam is a contracting party and the provisions of Vietnam’s law for purposes of humanitarian assistance, peace, search, rescue and salvage, immigration control, assurance of security and social order and safety, prevention and fight of crimes and violations.

Article 17. Use of weapons, explosives and support tools

1. While on duty, Border Guard officers and soldiers may use weapons, explosives and support tools in accordance with the Law on Management and Use of Weapons, Explosives and Support Tools.

2. In addition to military shooting in accordance with the Law on Management and Use of Weapons, Explosives and Support Tools, when performing the task of preventing and fighting crimes and violations and ensuring security and order and safety, Border Guard officers and soldiers may fire military guns at vessels at sea and on border rivers, except vessels of diplomatic missions and foreign consulates and representative missions of international organizations, and vessels carrying people or hostages, in order to stop the vessels in one of the following cases:

a/ The operator of that vessel directly attacks or threatens the life of the person on duty;

b/ When it is clear that the vessel carrying criminals, illegal weapons or explosives, reactionary documents, documents containing state secrets, narcotics or national treasures deliberately runs away;

c/ When a vessel carrying a person who has committed piracy or armed robbery in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party and the criminal law deliberately runs away.

3. In the case of firing specified in Clause 2 of this Article, a Border Guard officer or soldier shall give a warning with a gesture or an order or verbal wordings or fire into the air before aiming at a vessel; and shall obey the order of the competent person when performing an organized task.

Article 18. Mobilization of people, civilian vessels, vehicles and technical equipment

1. In case of emergency to arrest law-violating people, vessels or vehicles, carry out search and rescue, give first aid to victims, respond to and overcome consequences of serious environmental incidents, Border Guard officers and soldiers may mobilize people, civilian vessels, vehicles and technical equipment from Vietnamese agencies, organizations and citizens.

2. The mobilization referred to in Clause 1 of this Article must be suitable to the actual capabilities of the mobilized people and civilian vessels, vehicles and technical equipment and such vessels, vehicles and equipment shall be returned immediately after the emergency situation is over.

In case the mobilized people and property suffer damage, such people are entitled to the regimes, policies and compensation specified in Clause 3, Article 7 of this Law; units with their officers and soldiers mobilized shall settle the compensation in accordance with law.

3. Vietnamese agencies, organizations and citizens shall abide by the mobilization of the Border Guard.

4. In case of emergency to arrest law-violating people, vessels and vehicles, carry out search and rescue, give first aid to victims, respond to and overcome consequences of serious environmental incidents, Border Guard officers and soldiers may request foreign organizations and individuals operating in border areas to provide assistance and support.

Article 19. Forms of national border management and protection

1. Forms of national border management and protection include:

a/ Regular border management and protection, which shall be applied in case the situation of sovereignty, territory, security, and social order and safety in border areas is stable;

b/ Intensified border management and protection, which shall be applied when an important political, economic, cultural or social event takes place in a border area or at a border gate, or in both sides of the border; the situation of security and social order and safety in some border areas is complicated; in a peripheral area or border area where a military, security or order drill is conducted, a natural disaster, catastrophe, an epidemic, a rescue or salvage operation takes place, or a criminal arrest operation is carried out and the target criminal may cross the border; or at the request of the border management and protection force of the bordering country;

c/ Border management and protection in a state of national defense emergency, martial law or curfew or in a state of war, which shall be applied in accordance with the law on national defense.

2. Competence to decide to change the form of national border management and protection:

a/ The Commander of the Border Guard may decide to change the forms of border management and protection specified at Points a and b, Clause 1 of this Article, and shall immediately report his/her decision the Ministry of National Defense and take responsibility before law for such decision;

b/ The Minister of National Defense may decide to change the form of border management and protection specified at Point c, Clause 1 of this Article.

3. The Minister of National Defense shall detail Points a and b, Clause 1 of this Article.

Article 20. Measures to manage and protect the national borders

1. Measures to manage and protect the national borders include:

a/ Mass mobilization;

b/ Legal measures;

c/ Diplomatic measures;

d/ Economic measures;

dd/ Scientific-technical measures;

e/ Professional measures;

g/ Use of armed forces.

2. Contents, conditions, competence, order, procedures and responsibility for application of the measures specified in Clause 1 of this Article shall be specified by law.

Article 21. Organizational system of the Border Guard

1. The organizational system of the Border Guards consists of:

a/ The Border Guard High Command;

b/ Provincial-level Border Guard Commands and units attached to the Border Guard High Command;

c/ Border Guard stations, Border Guard Commands of port border gates, and Border Guard naval divisions.

2. The Government shall detail this Article.

Article 22. Equipment of the Border Guard

1. The Border Guard shall be equipped with military and civilian means, weapons, explosives, support tools and professional technical means and equipment to perform its functions, tasks and powers.

2. The Government shall prescribe the management, use and the list of professional technical means and equipment of the Border Guard.

Article 23. Traditional day, international transaction name, seal of the Border Guard

1. March 3 is the traditional day of the Border Guard, the Day of All-People Border Guard.

2. The international transaction name of Bo doi Bien phong Viet Nam is Vietnam Border Guard.

3. The Border Guard shall use a seal bearing the national emblem in performing its assigned functions, tasks and powers.

Article 24. Uniforms, colors, pennants, badges and identification marks of the means of the Border Guard

1. The Government shall specify the military insignias, insignias, pennants, badges, military uniforms and festive uniforms of Border Guard officers and soldiers.

2. Vessels, aircraft, automobiles and other vehicles of the Border Guard have their own colors, pennants, badges and identification marks under the Ministry of National Defense’s regulations. When on duty, vessels must fly the Vietnamese flag and the pennant of the Border Guard.

 

Chapter IV

ASSURANCE OF BORDER DEFENSE AND REGIMES AND POLICIES FOR THE FORCES PERFORMING BORDER DEFENSE TASKS

Article 25. Assurance of human resources

1. Vietnamese citizens are human resources for the building, management and protection of the national borders and border areas. The State shall adopt plans to recruit, train and further train human resources for the forces performing border defense tasks; priority shall be given to residents in border areas.

2. Border Guard officers and soldiers shall be trained in politics, professional qualifications, law, foreign languages, minority languages and other necessary knowledge relevant to their assigned tasks and powers.

3. Ethnic minority people in border areas and talented people shall be given priority and encouraged to serve for a long time in the Border Guard.

Article 26. Assurance of financial resources

The State shall ensure budget funds for border defense tasks in accordance with the law on the state budget; mobilize financial resources for border defense tasks; prioritize the construction of border defense infrastructure facilities, border works and border gates and building of a core and specialized force performing border defense tasks.

Article 27. Regimes and policies for the forces performing border defense tasks

1. The forces performing border defense tasks in border areas are entitled to preferential regimes and policies in accordance with law.

2. Border Guard officers and soldiers are entitled to preferential policies and special regimes suitable to the nature of their work and area of operation as prescribed by the Government.

 

Chapter V

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS FOR BORDER DEFENSE

Article 28. Responsibilities of the Government

1. The Government shall perform the unified state management of border defense.

2. Contents of the state management of border defense:

a/ Promulgating, or submitting to competent authorities for promulgation and organizing the implementation of, strategies, policies and laws on border defense, building of the all-people border defense and all-people border defense posture and building of a core and specialized force performing border defense tasks;

b/ Organizing and directing the performance of border defense tasks;

c/ Implementing international cooperation on border defense and border defense diplomacy;

d/ Carrying out examination and inspection, handling violations, settling complaints and denunciations, and conducting review, emulation and commendation of border defense;

dd/ Propagandizing, disseminating and educating about the law on border defense.

Article 29. Responsibilities of the Ministry of National Defense

1. The Ministry of National Defense is answerable to the Government for performing the state management of border defense and has the following responsibilities:

a/ To assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs and Ministry of Public Security in, managing and protecting the national borders;

b/ To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and local administrations in, maintaining security and social order and safety in border areas and border gates in accordance with law;

c/ Within the ambit of its tasks and powers, to guide ministries, ministerial-level agencies and local administrations to build the all-people border defense and all-people border defense posture, and organize the Day of All-People Border Defense;

d/ To guide ministries, ministerial-level agencies and administrations of localities where the national borders exist in managing and protecting the national borders and border areas;

dd/ To build the Border Guard to meet its requirements and tasks;

e/ To coordinate with ministries, ministerial-level agencies and local administrations in building the national borders and border areas.

2. The Minister of National Defense shall define tasks and powers of his/her attached forces in the management and protection of the national borders and border areas.

Article 30. Responsibilities of the Ministry of Foreign Affairs

Within the ambit of its tasks and powers, the Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Ministry of National Defense, Ministry of Public Security, related agencies and local administrations in:

1. Proposing guidelines, policies and measures for national border management;

2. Performing the state management of border defense diplomacy activities; guiding the core and specialized force in border defense diplomacy operations;

3. Directing and guiding provincial-level People’s Committees of localities where the national borders exist in performing the state management of the national borders;

4. Proposing to the Prime Minister for direction or guidance according to his/her competence the handling of issues related to the management and protection of the national borders that arise in the operation of ministries, branches or localities;

5. Training and guiding the core and specialized force performing border defense tasks in settling border-related and foreigner-involved cases.

Article 31. Responsibilities of the Ministry of Public Security

1. Within the ambit of its tasks and powers, the Ministry of Public Security shall coordinate with the Ministry of National Defense and Ministry of Foreign Affairs in performing border defense tasks.

2. To assume the prime responsibility for, and coordinate with the Ministry of National Defense, Ministry of Foreign Affairs, related agencies and local administrations of localities where the national borders exist in:

a/ Building and consolidating the people’s security in association with the all- people national defense and all-people border defense in border areas;

b/ Performing the state management of immigration, formulating and promulgating according to its competence or submitting to competent authorities for promulgation policies and laws on immigration.

3. To coordinate with the Ministry of National Defense, Ministry of Foreign Affairs, related agencies and local administrations of localities where the national borders exist in maintaining security and social order and safety, enforcing the law and addressing military and national defense situations in border areas.

4. To coordinate with the Ministry of National Defense in training and guiding the core and specialized force in professional operations and the laws on national security and social order and safety, and exchanging relevant professional information for performing border defense tasks.

5. To direct Public Security agencies at all levels to coordinate with agencies and units under the Ministry of National Defense, Ministry of Foreign Affairs and local administrations in performing border defense tasks.

Article 32. Responsibilities of ministries and ministerial-level agencies

1. Within the ambit of their respective tasks and powers, ministries and ministerial-level agencies shall coordinate with the Ministry of National Defense, Ministry of Foreign Affairs and Ministry of Public Security in performing the state management of border defense.

2. To promulgate according to their competence or submit to competent authorities for promulgation and organize the implementation of, the law on border defense.

3. To participate in building a strong all-people border defense and all-people border posture.

Article 33. Responsibilities of People’s Councils and People’s Committees at all levels

1. Within the ambit of their respective tasks and powers, all-level People’s Councils of localities where the national borders exist have the following responsibilities:

a/ To decide on guidelines and measures, and mobilize resources to ensure the performance of border defense tasks in accordance with the National Border Protection Strategy and build a strong all-people border defense and all-people border posture;

b/ To decide on budget funds to ensure the performance of border defense tasks and build a core and specialized force in their localities; to implement priority policies to ensure housing and residential land and other policies for Border Guard officers and soldiers who work for a long time in border areas;

c/ To supervise the implementation of the law on border defense in their localities.

2. Within the ambit of their respective tasks and powers, all-level People’s Committees of localities where the national borders exist shall perform the state management of border defense and have the following responsibilities:

a/ To prepare budget estimates and submit them to the same-level People’s Councils to ensure the performance of border defense tasks and building of a core and specialized force in their localities;

b/ To rally and mobilize resources to build border areas which are strong in terms of political, economic, cultural, social, scientific, technological, national defense, security and foreign relations affairs; to build a strong all-people border defense and all-people border posture in their localities; to organize the Day of All-People Border Defense; to implement the military rear policy;

c/ To distribute population and build infrastructure facilities; to combine economic, cultural, social, scientific and technological development with consolidating and strengthening national defense, security and foreign relations affairs in border areas;

d/ To assume the prime responsibility for, and coordinate with the same-level Vietnam Fatherland Front Committees and related agencies and organizations in, organizing movements for the people to participate in the management and protection of the national borders and maintenance of security and social order and safety at the borders;

dd/ To build the borders of peace, friendship, cooperation and development.

3. Within the ambit of their tasks and powers, all-level People’s Councils and People’s Committees of localities where the national borders do not exist have the following responsibilities:

a/ People’s Councils at all levels shall decide on guidelines, measures and budget for, and supervise and mobilize resources to ensure the performance of border defense tasks;

b/ People’s Committees at all levels shall participate in, coordinate with agencies and organizations to perform border defense tasks, build a strong all-people border defense and all-people border defense posture; propagandize, disseminate and educate about the law on border defense; participate in the implementation of programs on economic, cultural, social, scientific, technological and foreign relations development at the borders; organize the Day of All-People Border Defense; and implement the military rear policy.

Article 34. Responsibilities of the Vietnam Fatherland Front and its member organizations

The Vietnam Fatherland Front and its member organizations shall, within the ambit of their respective tasks and powers, coordinate with related agencies and organizations in mobilizing the People to implement the law on border defense; and supervise the implementation of the law on border defense.

 

Chapter VI

IMPLEMENTATION PROVISIONS

Article 35. To amend and supplement Article 21 of Law No. 06/2003/QH11 on the National Borders as follows:

“Article 21

1. For reasons of national defense or security or other special reasons or as requested or notified by the concerned country, people, vehicles or goods may be restricted or suspended from crossing the national borders, including innocent passage through Vietnam’s territorial sea.

2. The restriction or suspension of activities in border belts or border areas, and the travel through land border gates or border crossings must comply with the Law on Vietnam Border Defense.

3. The Government shall prescribe the competence to decide on the restriction or suspension referred to in Clause 1 of this Article, except the case specified in Clause 2 of this Article. A decision on restriction or suspension shall be notified to the local authorities of the concerned country.”.

Article 36. Effect

1. This Law takes effect on January 1, 2022.

2. Ordinance No. 02/1997/PL-UBTVQH9 on the Border Guard ceases to be effective on the effective date of this Law.

This Law was passed on November 11, 2020, by the XIVth National Assembly of the Socialist Republic of Vietnam at its 10th session.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN


[1] Công Báo Nos 1179-1180 (23/12/2020)

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