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...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
CIRCULAR Guide made 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 of the Socialist Republic Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 34/2014/ND-CP on April 29, 2014 by the Government on the regulations for land border areas of the Socialist Republic Vietnam;
Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013 of the Government functions, tasks, powers and organizational structure of the Department of Defense;
Proposal of the Commander of the border guard;
The Minister of Defence issued circulars making 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 of the Socialist Republic Vietnam.
Chapter I GENERAL PROVISIONS article 1. Scope, application object 1. This circular guide 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 of the Socialist Republic Vietnam (here written as Decree No. 34/2014/ND-CP).
2. This circular apply to agencies, organizations, individuals and Vietnam on foreign operations in the border area on the Mainland of the Socialist Republic of Vietnam (here written as land-border area).
Article 2. The area of the border land border areas defined in paragraph 1 of article 3 of Decree 34/2014/ND-CP. where the Commission of the National Assembly decided to adjust the administrative boundary communes, wards and towns, the Chairman of people's Committee of the Frontier province pursuant to article 3 paragraph 1 of Decree 34/2014/ND-CP of synthesis the report, the Defense Department recommended the Government added or taken off the list of communes, wards and towns border area in the appendix attached to Decree No. 34/2014/ND-CP of article 3. Border belt 1. Authority to determine a border belt) the determination of the depth of the border belt from 100 m to 1000 m, due to the people's Committee of the border decision after obtaining the opinion of the Ministry of defence, the Ministry of public security, Ministry of Foreign Affairs and the provincial people's Council through.
b) cases due to the terrain, the need to determine the depth of the border belt under 100 m or 1000 m, the people's Committee of the people's Council, the border of the province through the Prime report the decision.
2. When determining the depth of the border belt have to base on the situation of defence, security, safety, social order, social, economy, topography to the Regulation accordingly; in the gate area, the border gate economic zones, must request the economic and social development, build the project, the work to rule, do not affect the construction, management, border protection, preserving security, social order and safety, border areas; the circulation of the two sides of the border.
Article 4. Zone 1. The functional sectors in the province when establishing the prohibition is consistent with the military command, The Commander of the border guard, the police provincial level to identify, build management rules for the prohibition, the provincial people's Committee report the border decided after the people's Council through.
2. With regard to the work of Defense, Commander of military region directed the relevant authorities to coordinate with the military command, The Commander of the provincial border guard clearly identify the nature of the work zone regulations required, General Commander of military region reporting process the Minister of Defense Review decision.
3. With regard to the work of border, border guard commander directing The provincial border guard command, the Agency collaborated with the military command of the province identified the nature of the work zone regulations required, General report the border guard commander and Minister of Defense Review decision.
4. After having determined the decision banning, the Agency has the authority to manage construction zone rules, protect and manage strictly according to the provisions of the law.
Article 5. Sample signage and signage types plug location 1. Billboards "border areas", "frontier belt", "the banned" under the form of unification by religious, thickness 1, 5 mm, tube diameter steel columns 100 mm, thickness 2 mm; the sea, the word on the reflective paints signs; painted sea blue background, the word on the white paint, reflective paint, white columns, Red; letters on plaques inscribed into three lines: the first line of the letter by the South Vietnamese, the second line of the text by countries opposing the third line, the word in English. Size of billboards, letters written on billboards under model from model No. 1 to no. 12 in the appendix attached to this circular.
2. Billboards "border areas" to plug in a contiguous boundary between communes, wards and towns border areas with the communes, wards and towns inland; location of plug in easily identifiable places, next to the axis of the road traffic (road, rail, river) in the border areas.
3. Signage "frontier belt": a) border area is forested mountains, walking difficulties, "signage" border belt to plug in the right of the axis roads out towards the border.
b) border area has flat terrain, difficult to distinguish limited signage, "frontier belt" was separated from 600 m to 1000 m.
c) On the axis roads inland from out the gate does not plug the billboards "frontier belt", just plug in the two parties limited the scope of the area of the gate.
4. The base terrain, nature of each zone, said "the prohibition" was plugged in the appropriate place, easy to get to know.
Chapter II MANAGEMENT of the PERSON'S ACTIVITIES, the MEDIA in BORDER AREAS article 6. Go to border areas 1. For Vietnam nationals a) citizen of Vietnam (not the resident border) in the border area must:-Have a valid pursuant to the law;
-License when required by the competent authority;
-Where stay overnight must register at public security communes, wards and towns;
-Expiry of stay must leave border areas;
-Case of the need to save the registered period too must come to where did register renewals.
b) Vietnam citizens (not subject to the provisions in clause 1 article 5 of Decree 34/2014/ND-CP) in the border belt have to be valid in accordance with the law, have the responsibility to inform in writing according to the form 13 in the appendix attached to this circular for the frontier or the people's committees at the commune level. In the case of the night in the border belt have to register at public security social provisions of law; Social public security is responsible for notification in writing according to the model No. 14 in Appendix attached herewith for the frontier in to coordinate monitoring, management.
c) people, the media to operate in the border area must have identification, paperwork related to the media and license to operate according to the field of specialization due to the competent authorities, at the same time subject to the checking, monitoring of the frontier, The Social Security Department in and management of specialized forces in accordance with the law.
d) who are not residents in the border areas have special reason to the border area as the father (mother), wife (husband), the death or sickness; In addition to identification must have a permit of the social place that residents, while the frontier police at township level or know the time of stay in the border area; the case in the night or in the border belt have to be agreed by the frontier.
2. for foreigners a) resident alien, staying in Vietnam in the border area must have a permit by the Immigration Agency, Ministry of public security or the Director of the provincial public security where foreigners often stay, or license of the Director of public security Frontier province where to; the case overnight in the border areas, the direct management, operating activities of the basis of stay must declare a temporary stay for foreigners with the police at township level prescribed by law; at the same time responsible township-level public security notice in writing under model number 14 in the annex attached to this circular for frontier in the know, to manage; the case in the border belt must be approved and subjected to tests, control of the frontier.
b) neighbouring frontier residents in the border area must be full papers according to the provisions of the regulations on the border between the two countries; to comply with the correct timing, range, reason, purpose of the activity; the case of an overnight stay must register under the provisions of the law of Vietnam, most of the time limits allowed to leave the border area. The case stay too time limit must be consent of the frontier or the people's committees at the commune level.
3. the activities of the media, Vietnam and foreign countries in the tourism, service, industrial zones, export processing zones, economic zones and regional gate related to border areas following the provisions of the law for that area and the relevant legislation.
The case of activities involving the border belt, the prohibition made under the provisions of Decree No. 34/2014/ND-CP and this circular.
4. The Agency, organization or invite foreigners take Vietnam as stipulated in point b, c Paragraph 2 article 6 of Decree 34/2014/ND-CP on the border area must be notified in writing in the form of 15 in the appendix attached to this circular for the police, border guard command levels the place to know.
Article 7. Build the project, works in the border areas 1. Agencies, organizations and individuals to implement the project, the work or conducting prospecting, exploration and exploitation of mineral resources, was approved by the competent authorities in the border area must have a management responsibility of people, vehicles, preserving security, social order and safety, during operation in the border areas; at the same time responsible text notifications under model number 16 in the appendix attached to this circular for frontier, the local authorities in order to coordinate the management.

2. When building the project, works in the border areas, the State administration of building locally and the owner must comply with the provisions of article 8 of Decree 34/2014/ND-CP, while strictly managed rules on the border between the two countries; not affect the work of the border, evidence of national borders, national landmark.
3. Planning and investment Department of the Ministry of defence, in coordination with the Directorate of operations, Chief of the foreign Department of the Ministry of defence, the military command, The Commander of the provincial border guard (where projects, building construction) synthesis report the Ministry of defence to answer in writing please send comments to the Agency for the construction of the project , works in border areas as stipulated in Decree No. 34/2014/ND-CP; every year, the General Department of Defense report on the work related to the construction of the project, works in the border areas.
4. Frontier responsibly Guide, popular for organizations and individuals involved to recognize signs of national borders, the scope of "frontier belt", "forbidden zone", the provisions related to the management, border protection and national responsibility, the obligation to carry out the operation in the border areas.
Article 8. Pause in the activities in the border areas 1. Commander of the provincial border guard Chief frontier Outpost, authorities halted activities in the border areas under the provisions of article 10 of Decree 34/2014/ND-CP. In case of absence of the Chief level, deputies are granting the authorization, the Minister has the right to substitute a decision to pause and be responsible before the law the previous Chief level, about his decision.
2. the competent person specified in clause 1 of this article, before taking the decision to pause to define the following elements: a) the nature and seriousness of the situation that occurred on the border, against the provisions of article 10 paragraph 1 of Decree 34/2014/ND-CP for consideration, decision. Cases of incomplete elements, the necessary conditions in the decision to halt the investigation, to verify the specific situation grasp research and decision-making right with the provisions of the law;
b) expected result can occur when a decision to pause would affect the operation of the agencies, organizations, people in the border areas to decide accordingly;
c) time, regions need halted the operations defined on a map and on the field.
3. Execute Pause: a) the decision to pause under model number 17 in Appendix attached herewith;
b) notice under clause 3 and clause 4 Article 10, Decree No. 34/2014/ND-CP. Form of notification in writing according to the model No. 18, 19 in the appendix attached to this circular;
c) directing, monitoring the situation in the area hold pause to guide people, solve, handle these situations arise in accordance with the provisions of the law;
d) where the limited pause, Commander of the provincial border guard Committee suggested the decision to extend the pause time according to Model number 20 in the appendix attached to this circular and enforcement organizations.
4. Finish made the decision to pause and decided to extend the suspension decision to pause: a) the decision to annul the decision to pause, decided to annul the decision to extend the pause following the model No. 21, 22 in the appendix attached to this circular, and must notify the Agency the Organization, in accordance with article 10 paragraph 4 of Decree 34/2014/ND-CP, under the Model number 23, 24 in Appendix attached herewith;
b) taking remedial's decision to pause and decided to extend the pause (if available);
c) reviews the impact of the halt, General Authority report in accordance with the law.
Chapter III CONSTRUCTION, management RESPONSIBILITY, PROTECTING the BORDER AREAS article 9. Liability of border guard command directed border guard command of the land-border province: 1. Hosted, in cooperation with related agencies advised provincial people's Committee and residential, meeting point border market, beach, dock, moored by means of hydraulic the media, the Ministry of railway vehicles; the build works born in border areas consistent with the provisions of Decree No. 34/2014 and the Guide/ND-CP of this circular.
2. Every year, the number of statistics, foreign media on border areas, frontier belt; the number of incidents, the object violates regulations of border areas, on the basis that planning, organization, management measures, protecting the border areas accordingly.
3. Organize, patrol control to check, control the in and out, operate in the border area, perimeter border; guide the alien to the border areas in accordance with the law.
4. Hosted, in cooperation with the public security forces, the local owners in the industry of construction, management, protection of the State border; preserving the security, safety, social order in border areas.
5. The layout, use of force, vehicles, tools, support measures for the work of management, border protection; fight crime, violation of the law, violated the agreement on border management regulation; prevent the environmental violations and other acts affecting the national border, national landmarks, signs a border.
6. In collaboration with the provincial public security direction: a) The frontier, police and public security level to inspect border township resident, out on, activities in the border areas;
b) regular exchange order, security situation, the situation of foreigners in and out, operate in the border areas;
c) guide the people performing the registration Declaration, sign up, stay, temporarily staying away and executive rules stations when in the border areas.
7. Relationship with the force management, border protection and local authorities held neighbouring countries implement international treaties on the border, the territory according to the functions and duties prescribed by law.
8. the people's committees for the Commandant of the Frontier Province directed the follow-up, reviews the sedimentation, erosion, and rivers border; survey organization serving the construction of embankment on the River, streams, border protection embankment of mold; infrastructure construction in border areas reported authority decision.
Article 10. The responsibility of the provincial people's Committee, the border 1. Steer the functional sectors in collaboration with the provincial border guard survey, reviewing the scope of the border belt, the region; the material and the location of plug types of signage in accordance with Decree No. 34/2014/ND-CP and this circular to adjust for fit.
2. Directing the relevant authorities, departments, mass collaboration with the border guard in the building of strong border areas of politics, economy, defense and security.
3. Steer the industry in the implementation of the management function by industry; create favorable conditions on the mechanism, support economic policy, tax, land for businesses, individuals, investors, project works on economics, social in the border areas in accordance with the law.
4. Direct the departments, unions, local function forces in coordination with the border guard in the construction, management, border protection, national landmark, struggle, fight crime, preserving the security, safety, social order in border areas.
5. Make governance of national boundaries, the direction of building mass movement of peoples participation in the management, protection and construction of the border.
6. Every year, building plans, reported the people's Council the approval of the budget allocation from the local funding sources to build, manage, protect, preserve national border security, safety, social order in border areas.
Chapter IV IMPLEMENTATION article 11. Effective enforcement of this circular in force since 11 July 2015 and replacing circular No. 179/2001/TT-BQP on October 22, 2001 1st Minister of Defense guidelines Decree No. 34/2000/ND-CP dated 18 August 2000 by the Government on the regulations for land border areas of the Socialist Republic Vietnam.
Article 12. The terms of the transition Committee for the people of the province border in the direction of your function scope industry belt of the border region; the size, material and plug location signage signage types defined by Decree No. 34/2000/ND-CP dated 18 August 2000 by the Government on the regulations for land border areas of the Socialist Republic Vietnam; the case is also consistent with the provisions in Decree No. 34/2014/ND-CP shall continue unchanged, these cases no longer fit needs to adjust for reunification under the provisions of Decree No. 34/2014/ND-CP and this circular.
Article 13. Responsible for implementation 1. Border guard command, the province chaired, in cooperation with the Department of Justice advised the provincial people's Committee holds organizational implementation of the content of the Decree No. 34/2014/ND-CP and the text passed to the local departments, propaganda, sweeping popular to the masses of the people to implement.
2. The estimate for building, managing, protecting the border is done according to the provisions of article 16, article 17 of Decree 34/2014/ND-CP; the law on the State budget and the law on investment.
Every year, The Commander of the border guard of the estimating local budget guarantee for building, managing, sending border protection financial agency, relevant agencies of the same general level, reported the people's Council, the provincial people's Committee decision.
3. the border guard command track, urge, check made to Decree No. 34/2014/ND-CP and this circular. Every year, conducting preliminary and report the results to the Ministry of Defense.
4. The ministries, ministerial agencies, government agencies, provincial people's Committee, the central cities; agencies, units, organizations and individuals are responsible for the implementation of this circular.