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Circular 43/2015/tt-Bqp: Guide The Implementation Of A Number Of Articles Of Decree No. 34/2014/nd-Cp On April 29, 2014 By The Government On The Regulations For Land Border Areas Social Democratic Republic ...

Original Language Title: Thông tư 43/2015/TT-BQP: Hướng dẫn thực hiện một số điều của Nghị định số 34/2014/NĐ-CP ngày 29 tháng 4 năm 2014 của Chính phủ về quy chế khu vực biên giới đất liền nước Cộng hòa xã hội chủ...

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DEFENSE MINISTRY
Number: 43 /2015/TT-BQP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 28, 2015

IT ' S SMART

Instructions to do some things N Number one. 34 /2014/ND-CP April 29, 2014 - The government.

about the border area. The mainland. - Socialist peace. V. All right N a Go.

_________________________

Base of Protocol 34 /2014/ND-CP April 29, 2014 of the Government of the Land of the Land of the Land of the Land of the Socialist Republic of Vietnam;

Base of Protocol 35 /2013/ND-CP April 22, 2013 by the Government Regulation, mandate, authority, and organizational structure of the Ministry of Defense;

At the suggestion of the Commander of the Border Patrol.

The Minister of Defense issued the Guidance Advisory on some of the provisions of the Digital Protocol 34 /2014/ND-CP April 29, 2014 the Government of the Land of the Land of the Land of the Land of the Socialist Republic of Vietnam.

Chapter I

GENERAL REGULATION

What? 1. The tuning range, subject

1. This information guides some of the provisions of the Digital Protocol 34 /2014/ND-CP April 29, 2014 of the Government on the Land of the Land of the Land of the Land of the Socialist Republic of Vietnam (later abbreviated as Decree Protocol) 34 /2014/NĐ-CP).

2. This information applies to the agency, the organization, the Vietnamese and foreign individuals operating in the land-border region of the Socialist Republic of Vietnam (later abbreviated as the land border area).

What? 2. Border Zone

The land border area stipulated at 1 Article 3 of the Census. 34 /2014/ND-CP The Standing Committee of the Standing Committee of Congress decided to regulate the administrative boundaries of the commune, the town, and the Chairman of the People's Committee of the Border Committee, which is based on Article 3 of the Third Decree. 34 /2014/ND-CP aggregate, reported the Ministry of Defense recommended that the Government add or take out of the list of communes, wards, border areas of the border area at the Appendix issued by decree No. 34 /2014/NĐ-CP.

What? 3. Border Belt

1. The authority to define the border belt

a) The identification of the border belt from the 100m to 1,000m, led by the Provincial Committee of the People's Provincial Committee, after taking an opinion by the Ministry of Defence, the Ministry of Public Security, the Ministry of Foreign Affairs, and the People's Council passed through.

b) The case is required by the terrain to determine the length of the border belt below the 100m or over 1,000m, the Provincial People's Committee borders the Provincial People's Assembly through the Prime Minister's report.

2. When determining the length of the border belt to the defense, security, order, social, economic, social, social, terrain to be suitable; in areas with stores, border markets, the store economy is required to be required. Economic development, social development, construction of projects, work to rule, does not affect construction, management, border protection, security, order, social security, border areas; and traffic on both sides of the border.

What? 4. The forbidden zone

1. The functional sector in the province when establishing a prohibition zone must be unified with the Military Command, the Command of the Border Force, Provincial Security to identify, to build up the management of management over the penalty area, report the border provincial People ' s Commission to decide after. It was passed by the People's Assembly.

2. For defense work, the Commander of the Military District directed the authorities in coordination with the Military Command, the Provincial Border Command Command that clearly determines the nature of the work that requires the penalty area, aggregation of the Military District Command report. Secretary of Defense, review, decision.

3. For the border structure, Commander of the Border Force Command Command of the Provincial Border Command, the authorities in coordination with the Provincial Military Command clearly defines the nature of the process to rule the penalty area, aggreging the Department of Defense Command. Secretary of Defense, review, decision.

4. After a decision to define the penalty area, the agency has the authority to manage the penalty area of the internal building, the organization of protection and strict management under the rule of law.

What? 5. Marine samples and location for signs of signs

1. Signs of "border area", "Border Belt", "forbidden zone" according to the uniform pattern of religion, thickness of 1.5mm thick, 100mm diameter steel column, 2mm thick; sea surface, text on signs of fluorescent paint; blue paint, writing in white paint, column. The yellow, red, red; the sign on the sign is three lines: The first line is in Vietnamese, the second line in the language of the opposite country, the third line in English. The size of the leopard sign, the letter written on the sign from Form 1 to Form 12 at the Appendix issued with this message.

2. The sea border "border area" is located on the adjacent boundary between the commune, the ward, the border area town with township, ward, inland town; the location of the sea at ease of knowing, by the axis of traffic (roads, railways, rivers) into the area. The border.

3. The Sea of the Border.

a) The border area has a mountainous terrain, which is difficult to travel, and the "Border Belt" signs plug on the right side of the traffic axis in the direction of the border.

b) The border area has a flat terrain, which is difficult to distinguish, the "border belt" sign is plugged apart from the 600m to 1,000m.

c) On the axis of traffic from the interior of the interior to the "Border Belt" sign, only on either side limits the scope of the store area.

4. The terrain base, which features each of the banned regions, signs "forbidden zone" is plugged in the right, recognizable place.

Chapter II

MANAGE YOUR ACTIVITIES, MEDIA.

IN THE BORDER AREA.

What? 6. Go into the border area

1. For Vietnamese citizens

a) The citizens of Vietnam (not the border population) enter the right border area:

-There is a legal identification under the rule of law;

-Export papers upon the request of the authority of the authority;

-The overnight stay must be registered at the Security Council, the ward, the town;

-All duration of exile must leave the border area;

-The case with a need to save the registered deadline must be reached where the registered application is applied.

b) The citizens of Vietnam (not subject to regulation at Clause 1 Article 5 of the digital decree 34 /2014/ND-CP ) to the border belt must have a statutory identification by law, which is responsible for a written notice by Form Number 13 at the Appendix issued by this message to the Border Patrol or the Social People's Committee. The overnight stay in the border belt must register to stay in residence at the commune in accordance with the rule of law; Social Security is responsible for a written notice by Form No. 14 at the Appendix issued by this message to the Office of the Border Station. known to coordinate, manage.

c) People, the means of entering service in the border area must have their own identification, documents related to the vehicle and the license to operate in a specialized field provided by the competent authority, while under examination, the monitoring of the Border Station. In case, the Department of Social Security and the specialized management force by law.

d) People who were not residing in the border area had special reasons for the border area such as a parent (mother), wife (husband), dead or sick; in addition to the identification required by the Department of Public Security where the person resided, at the same time to report Fort The border or social security at the border area is known from the border area; the situation at overnight or on the border belt must be agreed by the Department of Border Station.

2. For foreigners

a) Foreign persons residing, residing in Vietnam into the border area must have a permit issued by the Administration of Public Security or the Director of Public Security where foreigners are permanent, temporary or licensed by the Director of the Provincial Office of Public Security. the place where to come; the case stays overnight in the border area, the direct manager, which operates the activities of the boarding facility to declare an outpatient to foreigners with the Social Security at the stipulation of the law; at the same time the Social Security is available. responsibility for the written notice by Form Number 14 at the Appendix issued by this message to the Office Border Station at the knowledge to co-ordinate management; the school. The borders of the border must be agreed upon and under control of the headquarters of the Border Station.

b) The neighbouring border of the border into the border area must be full of papers under the regulation of the border management statute between the two countries; must comply with the right time, scope, reason, purpose of operation; the case to stay overnight must register for exile. In accordance with the regulations of the Vietnamese law, the expiration of the statute of limitations is required to leave the border area. The boarding case is too long for permission to be agreed by the Border Patrol or the Social People's Committee.

3. People ' s activities, Vietnamese and foreign vehicles in the tourist zone, services, industrial zones, manufacturing zones, the economic zone and the store area associated with the border area that follow the law enforcement regulations on those areas and the law can be found in the United States. All right.

The case of activity related to the border belt, the prohibition zone currently rules at the Digital Protocol. 34 /2014/ND-CP And this.

4. The Agency, the organization of Vietnam brought or invited foreigners by regulation at Point b, c Article 2 Article 6 Digital Protocol 34 /2014/ND-CP to the border area must be notified by Type 15 at the Appendix issued by this message to the Ministry of Security, the headquarters of the Provincial Border Defence Command.

What? 7. Build up projects, works in the border area.

1. Agency, organization, individual implementing projects, works or conducting surveys, exploration, resource extraction, mineral resources approved by authorities in the border area must be in charge of human management, vehicle, retention, security, and security. Security, order, social security during the time of operation in the border area; at the same time it is responsible for the receipt of text by Form 16 at the Appendix issued with this message to the Border Patrol, the local government to coordinate. management.

2. When building projects, buildings in the border area, the state regulatory authority on local construction and the owner of the investment must comply with the regulations at Article 8 of the number of state resolutions. 34 /2014/ND-CP, The strict approval of the statute of the border between the two countries; it is not affected by the border process, the sign of recognition of the national border, the national landmark.

3. The Department of Defense Planning and Investment Department, in coordination with the Joint Chiefs of Staff, Department of Defense Foreign Affairs, Military Command, Department of Provincial Border Command (where the project, construction work) aggregals Department of Defense report to have the case. The text answers the agency to ask for opinions on the construction of projects, structures in the prescribed border area at the UN Digital Agenda. 34 /2014/ND-CP; Every year, the United States Department of Defense reports on the construction of projects, works in the border area.

4. The Border Patrol is responsible for guidance, common for the organization, individuals with regard to the sign of national borders, the scope of "border belt", "forbidden zone", regulations which are associated with management, national border protection and accountability, and the National Security Service. The obligation must be done in the process of operations in the border area.

What? 8. Stop activities in the border area.

1. Head of the provincial department of Border Protection, the Office of the Border Station has the authority to suspend operations in the prescribed border area at Article 10 Digital Decree. 34 /2014/NĐ-CP.

In the case of the absence of a lieutenant, the deputy was granted the rank of authority, which had the right to make a decision to pause and be held accountable to the law, before the chief of his decision.

2. The person with the authority stipulated at this 1 Article, before the decision to pause must determine the following factors:

a) Calculation, the severity of the situation occurring on the border, the reference to the regulation at paragraph 1 Article 10 of the digital decree 34 /2014/ND-CP To consider, to decide. In the absence of sufficient factors, the necessary decision to make a decision to pause is to investigate, verify that the study holds the specific situation and make the right decision with the rule of law;

b) Expected the possible consequences when the decision to pause will affect the operation of the agencies, organizations, people in the border area to decide for the right;

c) The time, the scope of the area needs to suspend the defining activities on the map and on the field.

3. Make pause:

a) Ra's decision to stop by Form 17 at the Appendix issued with this message;

b) the specified message at paragraph 3 and paragraph 4 Article 10 of the Digital Protocol 34 /2014/ND-CP . The form of written notice in accordance with the Form 18, 19 at the Appendix issued this message;

c) The direction, the monitoring of the situation in the pause area to guide people to accept, resolve, process the situations that arise in accordance with the rules of the law;

d) The case extended the period of pause, head of the Provincial Border Patrol Department recommended that the Provincial People's Committee decide to renew the pause period under Form 20 at the Appendix issued by this Information and the organization.

4. End execution of a decision to pause and decide to renew the pause

The decision to pause must be:

a) Ra decided to abolish the decision to suspend the decision, the decision to abolish the decision to extend the decision to a halt by Form 21, 22 at the Appendix issued by this message, and must inform the authorities, as stipulated in paragraph 4 Article 10 of the Census. 34 /2014/ND-CP, according to the Form 23, 24 at the Appendix issued this message;

b) Participation in the aftermath of the pause decision and the decision to renew the pause (if any);

c) Assessment of the impact of the pause, the aggregation report has jurisdiction under the rule of law.

Chapter III

CONSTRUCTION RESPONSIBILITY, MANAGEMENT,

BORDER AREA SECURITY

What? 9. Border Command Command

Commander of the headquarters of the Border Border Division:

1. Host, in coordination with the agencies involved in the planning of the People ' s Committee of the Residential Planning department, border market meeting point, berth, anchorage of the vehicles, vehicles, rail vehicles; building of residential works in the area. the border area is consistent with the regulation of the Digital Protocol. 34 /2014/ND-CP And the instructions of this message.

2. Every year, statistics the number of people, foreign media into the border area, the border belt; the number of incidents, subject to violations of the border area of the border, on that basis there are plans, organizational measures, management, protection of the border area for the best. Yeah.

3. Organization of patrols, control of the movement to test, control the coming out, operate within the border area, the border belt; instruct foreigners entering the border area as prescribed by law.

4. Host, in collaboration with the Public Security forces, local-related industries in construction, management, national border protection; security, order, social safety in the border area.

5. The layout, use of force, vehicle, support tools, work measures in management, border protection; criminal defense struggle, violation of law, breach of agreement on border management statute; prevention of environmental violations of the environment; and prevention of criminal justice. Schools and other behaviors affect the national borders, the national landmark, the sign of knowing the borders.

6. Coordinate with the Provincial Provincial Security:

a) The Border Patrol, District Security and Border Security Service conducted an inspection of the resident, entering, operating in the border area;

b) Regular exchange of security, order, foreign situation, activity in the border area;

c) The people ' s Guide to the Registration Registration, registration, boarding, temporary, and boarding of the berths when entering the border area.

7. Relations with the governing force, border protection and neighbouring local governments organize the implementation of the international treaties on the border, territory according to the function, the mandate to be regulated by the law.

8. Staff for the Border Provincial Committee of the Border Provincial Committee to direct the monitoring, assessment of the jawing, erosion of rivers, border streams; survey organizations serving river chameleons, border streams, and border protection; construction of infrastructure in the border area. The authorities have the authority to decide.

What? 10. The responsibility of the People ' s Provincial Committee

1. Command of functional industries in the province in coordination with the Survey Border Division, which scrutines the scope of the border belt, the penalty area; material and location plugging signs of signs as defined by the Digital Protocol. 34 /2014/ND-CP And this is the message to adjust accordingly.

2. Command of the functional agency, the departments, the association with the Border Defence Department in the construction of the strong border area in terms of politics, economics, defense, security.

3. Instructs industries in the province to implement the sector management function; facilitefactors, economic support, taxation, land for businesses, individuals, investment owners, economic, social, and economic projects in the border areas. according to the rule of law.

4. Directed boards, industry, unions, local functional forces in coordination with the Border Defence Ministry in construction, management, border protection, national landmark, anti-crime, anti-crime, security, order, social security in the border area.

5. Implementuation of state administration on national borders, the direction of the movement of the people in which the people participate in management, protection and construction of borders.

6. Every year, construction of a plan, reports the Provincial People's Council approx budget allocation from local funding for construction, management, national border protection, security, order, social security in the border area.

Chapter IV

THE ORGANIZATION.

What? 11. Effect of execution

This investment has been in effect since July 11, 2015 and replaces the Digital Digital. 179 /2001/TT-BQP January 22, 2001 of the Minister of Defense directed the implementation of the Digital Protocol. 34 /2000/ND-CP August 18, 2000 of the Government of the Land of the Land of the Land of the Land of the Socialist Republic of Vietnam.

What? 12. The transition clause

The People ' s Committee of the Border Provinces directed the functional areas to sweep the borders of the border, the penalty area; the size, the marine material, and the location of signs of signs determined by Decree. 34 /2000/ND-CP August 18, 2000 of the Government on the Statue of the Land of the Land of the Land of the Socialist Republic of Vietnam; for those in accordance with the regulation at the United States. 34 /2014/ND-CP And then continue to hold, and there are no more appropriate cases to adjust to the unification under the regulation of the digital decree. 34 /2014/ND-CP And this.

What? 13.

1. The Ministry of Command of the Provincial Border Command, in collaboration with the Judicial Department of Staff to the Provincial People ' s Provincial Committee organizing the radical implementation of the Protocol 34 /2014/ND-CP And the text guides to the levels, the local industries, the propaganda, the breadth of the population to the people to organize the unification.

2. The establishment of the bill for construction, management, border protection is carried out by regulation at Article 16, Article 17 Digital Protocol. 34 /2014/ND-CP; the law on state budgets and the law on investment.

Every year, the Ministry of the Command of the Border Defense Department sets up the local budget bills secured for the construction, management, and border protection of the border, the relevant agency, the General Assembly, the People's Council, the People's Committee. I've decided.

3. The Ministry of Command of the Border Patrol, says, General, check out the Digital Protocol 34 /2014/ND-CP And this. Every year, we proceed to the end and report the results of the Ministry of Defense.

4. ministries, peer agencies, government agencies, Provincial People's Committees, Central cities; agencies, units, organizations, and individuals involved in responsible for this information ./.

Minister.

(signed)

General Chen Kuang