Decision 31/2023/QD-TTg defining the functions, tasks, powers and organizational structure of the National Border Committee of the Ministry of Foreign Affairs

DECISION

Defining the functions, tasks, powers and organizational structure of the National Border Committee of the Ministry of Foreign Affairs

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Pursuant to the Law on Organization of the Government dated June 19, 2015, and the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

The Government's Decree No. 123/2016/ND-CP dated September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and the Government’s Decree No. 101/2020/ND-CP dated August 28, 2020, amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

Pursuant to the Government's Decree No. 158/2018/ND-CP dated November 22, 2018, prescribing the establishment, reorganization or dissolution of administrative organizations;

Pursuant to the Government’s Decree No. 81/2022/ND-CP dated October 14, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affair;

At the proposal of the Minister of Foreign Affairs,

The Government hereby promulgates the Decision defining the functions, tasks, powers and organizational structure of the National Border Committee of the Ministry of Foreign Affairs.

Article 1. Position and functions

1. The National Border Committee (hereinafter referred to as the Committee) is the general department-level agency under the Ministry of Foreign Affairs, assisting the Minister of Foreign Affairs in performing the function of state management of national borders and territories.

2. The Committee has the legal person status and its seal bearing the national emblem, and may open its account at the State Treasury as prescribed. The head office of the Committee is located in Hanoi.

Article 2. Tasks and powers

1. To advise the Minister of Foreign Affairs to submit to the Government, the Prime Minister and competent agencies:

a) Draft laws and draft resolutions of the National Assembly; draft ordinances and draft resolutions of the National Assembly Standing Committee; draft decrees and resolutions of the Government; draft decisions and directives of the Prime Minister on national borders and territories;

b) Draft treaties on planning, demarcation and planting of national land borders; demarcation of seas and treaties on national borders, border gates between Vietnam and other countries;

c) Plans for planning national borders, determining airspace and sea boundaries between Vietnam and neighboring countries; determining the scope of sovereignty, sovereign rights and jurisdiction of Vietnam on main land, airspace, seas and islands of Vietnam;

d) Strategies, national target programs, action programs, important projects and plans on national borders and territories or related to national borders and territories.

2. To submit to the Minister of Foreign Affairs for consideration and and decision on:

a) Draft circulars and other documents on national borders and territories;

d) Long-term, medium-term and annual plans on national borders and territories.

3. To organize the implementation of policies, laws, strategies, plans, programs, projects and schemes on national borders and territories promulgated or approved by the competent authorities.

4. To provide professional instructions and operations on state management of national borders and territories under competence.

5. To organize the implementation of information and propaganda work, disseminate the Party's guidelines and policies, the State's laws on national borders and territories; treaties and legal documents on borders that Vietnam has signed and participated in.

6. To study and propose policies to sign and organize the implementation of treaties on borders and territories, treaties on national borders and border gates between Vietnam and other countries.

7. To advise, propose and organize negotiation to settle matters relating to borders and territories with relevant countries.

8. To direct, guide and organize the implementation and inspection of the demarcation and planting of national border markers on the basis of treaties on borders signed between Vietnam and neighboring countries.

9. To summarize and assess the management of national borders and territories on main land, seas, islands and seas of Vietnam; to forecast, and propose appropriate policies, guidelines and management measures and report them to the Government as prescribed.

10. To assist the Minister of Foreign Affairs in assume the prime responsibility for, and coordinating with ministries, ministerial-level agencies, relevant agencies and localities in, inspecting, monitoring, synthesizing the situation and resolving legal disputes on borders and territories; fighting politically, diplomatically, legally, and in public opinion to protect borders, territorial integrity, sovereignty, sovereign rights, jurisdiction and legitimate interests of Vietnam in land border areas, seas, islands, airspace of Vietnam and other legitimate rights and interests of Vietnam in international seas and airspace.

11. To develop and propose Vietnam's policies and viewpoints at international forums related to territorial borders; to propose policies and develop projects and legal documents to serve the settlement of border and territorial disputes before international judicial bodies; to collect and consolidate documents and evidence as legal and practical bases to affirm border and territorial sovereignty.

12. To implement international cooperation related to national borders and territories in accordance with the law; to dialogue on border and territorial issues with relevant countries and other partners; to assume the prime responsibility for, and coordinate in, the management of the organization of international conferences and seminars on borders and territories in Vietnam.

13. To advise and propose the development and implementation of policies, strategies, planning, and development of the land border gate system nationwide; to advise the Government on the policy of opening and upgrading land border gates and measures to be implemented to protect the stability and clarity of the border line and border markers.

14. To handle or guide the handling of issues arising in the operations of ministries, ministerial-level agencies, relevant agencies and localities related to sovereignty, sovereign rights, jurisdiction and national interests on the mainland, sea areas, islands, airspace, of Vietnam and other legitimate rights and interests of Vietnam in international sea areas and airspace.

15. To assist the Minister of Foreign Affairs in assume the prime responsibility for, and coordinating with ministries, ministerial-level agencies, relevant agencies and localities in, building a national database system on borders and territories.

16. To appraise maps and publications related to the national border line, airspace, sea areas, islands and archipelagos of Vietnam before publishing and distributing.

17. To perform tasks on administrative reform, digital transformation, application of technology to develop e-Government, digital Government, information security and safety according to the programs and plans of the Ministry of Foreign Affairs in accordance with the law.

18. To manage the organization, payrolls, job positions; to implement salary regimes and other regimes and policies on treatment, training, fostering, emulation, rewards, discipline and other regimes and policies for civil servants and employees under the management of the Committee in accordance with the law and decentralization of the Minister of Foreign Affairs.

19. To manage assigned finances and assets and organize the implementation of the allocated state budget in accordance with the law.

20. To coordinate with the Ministry Inspectorate to inspect and examine the implementation of the law in the fields of border and territory under the state management of the Ministry of Foreign Affairs; to organize citizen reception, resolve complaints and denunciations; to prevent and combat corruption and negativity in accordance with law.

21. To perform other tasks and powers as assigned or authorized by the Minister of Foreign Affairs as prescribed by law.

Article 3. Organizational structure

1. Land Border Department.

2. Department of Sea.

3. Department of Policy, Legal and Information.

4. Office.

The promulgation of working regulations, specific decisions on functions, tasks, powers and organizational structure of units affiliated to the Committee shall comply with the law and decentralization of the Minister of Foreign Affairs.

Article 4. Heads of the Committee

1. The Committee has a Chairperson and no more than 4 Vice Chairperson.

2. The Minister of Foreign Affairs shall assign a Deputy Minister to act as the Chairperson of the Committee. The Chairperson of the Committee shall take responsibility before the Minister of Foreign Affairs and the law for the entire operations of the Committee.

3. Vice Chairpersons odd the Committee shall be appointed and dismissed by the Minister of Foreign Affairs at the Committee Chairperson's request. Vice Chairpersons of the Committee shall take responsibility before the Chairperson of the Committee and the law for the assigned aspects.

4. The appointment and dismissal of the heads, deputy heads of the heads of units affiliated to the Committee shall comply with the law and decentralization of the Minister of Foreign Affairs.

Article 5. Transitional provisions

1. The Department of Vietnam - China Border, the Department of Western Border, and the Department of Propaganda, Information and Documents shall continue to perform their functions, tasks as assigned until the Minister of Foreign Affairs promulgates a Decision defining the functions, tasks and powers of the Land Border Department and the Department of Policy, Legal and Information.

2. The Ministry of Foreign Affairs shall direct the organization and implementation of rearrangement of functions, tasks, apparatus organization, human resources, finance and assets, and resolve matters relating to units affiliated to the Committee within 30 days from the effective date of this Decision.

Article 6. Effect and responsibility for implementation

1. This Decision takes effect on February 10, 20245.

2. This Decision replaces the Prime Minister’s Decision No. 10/2019/QD-TTg dated February 18, 2019, defining functions, tasks, powers, organizational structure of the National Border Committee directly under the Ministry of Foreign Affairs.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, Chairpersons of People's Committees of provinces and centrally-run provinces, Chairperson of the National Border Committee and concerned organizations and agencies shall implement this Decision./.