The Decree 34/2014/nd-Cp: Regarding The Regulation Of Land-Border Areas Of The Socialist Republic Vietnam

Original Language Title: Nghị định 34/2014/NĐ-CP: Về Quy chế khu vực biên giới đất liền nước Cộng hòa xã hội chủ nghĩa Việt Nam

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THE GOVERNMENT.
Number: 34 /2014/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, April 29, 2014

DECREE

About the Land of the Land of the Land of the Socialist Republic of Vietnam

____________________

Government Law Base December 25, 2001;

National Border Law Base June 17, 2003;

The French base ordered the Border Patrol Department on 28 March 1997;

On the recommendation of the Secretary of Defense,

The government issued a decree on the Statoil of the Land of the Land of the Socialist Republic of Vietnam.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This decree provides for the Regulation and Management of Human Activity, the vehicle in the land border area; the responsibility of the agency, the organization and the individual in the construction, management, protection of the land border area of the Socialist Republic of Vietnam. Male.

2. The regulation case of this decree differs from the regulation of the international treaty that the Socialist Republic of Vietnam is a member of which applies the regulation of that international treaty.

What? 2. Subject applies

The agency, the organization, the Vietnamese and foreign individuals operating in the land border area are responsible for the acceptance of this decree and other provisions of the relevant Vietnamese law.

What? 3. Explain words

In this decree, the words below are understood as follows:

1. The land border area of the Socialist Republic of Vietnam (later abbreviated as the land border area) includes township, ward, town (later known as the township level) which has a portion of the administrative boundaries that coincide with the national border line on land. Right.

The list of communes, the wards, the land-border area town has the Appendix issued under this decree.

2. The border belt is part of the territory from the country ' s national border, which is set up to manage, control the activities of people, vehicles within the border belt; maintain security, order and room, against acts of violation of the law; where it is. At least 100 m, the largest of which is no more than 1,000 m, the special case provided by the Prime Minister.

3. The forbidden zone is that the territory within the land border area is set up for management, protection, security maintenance, order; room, prevention, prevention, exploitation, exploitation, state secret collection.

4. Activities in the land border area including: Residence, entering, manufacturing, business; exploration, resource exploitation; construction of works, implementation of projects and other activities involved in construction, management, national border protection, and other activities, including the United States. family, security, order, social security in the land border area.

5. The border population is a person with permanent residence in the land border area.

What? 4. The acts are strictly prohibited in the land border area.

1. The destruction, destruction, displacement or loss of the national landmark, signs of recognizing borders, signs of "border areas", "border belt", "forbidden zone", border building.

2. Make changes to the natural flow, deples water resources, cause flooding, pollution of the rivers, border streams.

3. Residence, forestry mining, exploration, mineral extraction, illegal fisheries.

4. Cross the border, rippets, hunting, grazing.

5. Burial, tomb transfer, body transport, animal remains, animals, plants and animals across borders are not permitted by the authorities of Vietnam.

6. Shoot the gun across the border, detonate, chop off and burn the desert tree in the border belt.

7. Cinematography, photography, recording, measuring, drawing on the scene in places with sea bans in the land border area.

8. Smuggling acts, transporting illegal goods across the border, commercial fraud.

9. Other strictly prohibited acts according to the regulation of Vietnamese law and treaties on the border statute that the Socialist Republic of Vietnam has signed with neighboring countries.

Chapter II

MANAGEMENT OF HUMAN ACTIVITY, VEHICLES IN THE LAND BORDER AREA.

What? 5. Residence in the mainland border area

1. People who are residing in the land border area:

a) Residents of the border;

b) The person with the licence of the Public Security Agency has jurisdiction to permit residence in the land border area;

c) Officers, professional servicemen, defense officials, defense workers, corporal officers, soldier soldiers; officers, workers, officials, staff members, corporal officers, and corporal security technicians who were stationed in the area. Land border.

2. People who are not residing in the land border area:

a) The person who is taking the decision of the competent authority to ban residence in the land border area, who has not been allowed to appear, suspend the appearance;

b) The person who is under the authority to conduct a jurisdiction has the authority to apply the prohibition away from the residence;

c) The person who is sentenced to prison sentences but has not yet made a decision to enforce the sentence, which is entitled to probation or is being postponed, suspended execution of a prison sentence; who is under probation;

d) The person who was applied to education in the commune, the ward, the town; put into the school of education, compulsory educational institution, mandatory rehab facility, but is being deferred for or suspended.

The person who is not part of the provisions of this one.

The objects stipulate at the points a, b, c, d This paragraph do not apply to border residents.

What? 6. Go into the land border area

1. For Vietnamese citizens

Vietnamese citizens entering the land border area must have a Certificate of People's Certificate or other identification by law.

2. For foreigners

a) The permanent foreigner, who resides in Vietnam into the land border area must have a permit of the provincial government's provincial government where the person is permanent, temporary, or Duke of the Land of the Land of the Land of the Land.

b) The organization, the organization of Vietnam, brought foreigners into the land border area must have an introduction of the body, organization of the owner; the staff that goes with the required papers at Clause One Article, and the agency, the organization must inform the public and The headquarters of the Provincial Border Patrol Department is known for at least 24 hours.

c) The case of foreigners travelling in delegated delegated delegated unions, the high-level delegation to the land border area, the agency, the organization of Vietnam (the agency invited or working with the Corps) must inform the Public Security and the Department of Provincial Border Command. You know, the place to come, and the rest of the staff, to guide.

3. The following are not allowed to enter the land border area:

Those who do not belong in the provisions of Clause 1, these two and those who rule in Clause 2 Article 5 of this decree.

What? 7. People ' s activities, vehicles in the land border area

1. Vietnamese citizens (excluding border dwellers) and foreigners entering the land border area, if at overnight registration must be registered at the local-level public health agency as prescribed by law. The overnight stay in the border belt must be informed by text to the Department Border Station.

2. People, the means of operating in the land border area must be full of paperwork under the rule of law and accept guidance, inspection, control of the Border Station, the Department of Social Security at and the specialized force under the rule of law. the law.

3. People ' s activities, Vietnamese and foreign vehicles in the tourist zone, service, trade, the store economy, the area of the store and other economic zones opened in the land border area that carried out the law of law on the areas of the country. That area and the provisions of the other laws are relevant.

4. Other activities in the land border area follow the provisions of the law on that field and follow the regulation at this decree.

5. The border population of the neighboring country operates in the land border region of Vietnam in accordance with the agreement on the two-state border statute that has signed and the regulation of the Vietnamese law.

What? 8. Build projects, works in the land-border area.

1. The construction of the projects, the work in the land-border area, is not affected by the border process; changing signs of recognition of borders, damage, destruction or loss of the national mold; not violating the agreements on border regulation. The Socialist Republic of Vietnam has signed with its neighbors.

2. When building projects, structures within the border belt, the state governing body for construction locally must be obtained by the Ministry of Defence, the Ministry of Public Security, the Ministry of Foreign Affairs before the grant of approval. In the 30-day period, the agency is expected to have the text answering the agency to submit the comment.

When implementing projects, the work, the owner of the investment must be notified by the Office of the Border Defence Command, the Provincial Public Security and the local government, known before at least 03 (three) days of work.

3. The agencies, organizations involved in surveing, design, construction, implementation of projects, work in the land border area must announce in front of 03 (three) the day for the Border Station, the Social People ' s Committee on the list of people, media, etc. time, scope, activity.

4. The Border Station is responsible for guiding the units according to regulation at Section 3 This is aware of the border line, the land border area, the border belt, the penalty area, the regulations relevant to management, the national border protection; and the restrictions. agreement on the border statute that the Socialist Republic of Vietnam has signed with its neighbors.

What? 9. Signs in the land border area

1. In the land border area there are signs of "border areas", "Border Belt", "forbidden zone" and other signs under the rule of law.

2. The Minister of Defense provides signs of signs and unified with the Provincial People ' s Committee located the "border area", "border belt", the "forbidden zone" stipulated at Clause 1 Article.

What? 10. Stop operations in the land border area.

1. The cases are suspended:

a) The region is going on a dispute over borders, territory, threats to sovereignty, national border security; and more.

b) The area is happening in armed conflict, robbery, terrorism, rioting, intrusion, kidnapping, or security disrupts;

c) The area is having natural disasters, disasters, epidemics, chemical incidents, radiation incidents that are at risk of threatening to cause damage to the community, spreading across the border;

d) Get the Government 's announcement, local government or the force to protect the neighboring country' s borders on the pause across the border.

2. To ensure the safety of life, property of the people; prevent natural disasters, fires, floods, epidemics, the following activities will be halted:

Enter the border belt, market meeting, festival organization, manufacturing, business, construction, exploration, resource exploitation, and other activities under the circumstances of Article 1 of this Article.

3. The person with the authority to suspend activities in the land border area is prescribed as follows:

a) The Office of the Border Station decided to pause for no more than 12 hours within the perimeter of the border of the border in charge and must report to the Chief of the Provincial Border Command, as well as a written notice to the District People's Committee, the township level. in and related agencies in the land border area and the local government, the governing force, the border protection of the neighboring country;

b) The provincial command of the provincial Border Command decided to pause no more than 24 hours in the land border area of the area of management and had to report in writing to the Provincial People ' s Committee, the Department of Border Defense Command informed the Security Council. the province and the forces of management, the border protection of the neighbors, know;

At the expiration of the 24-hour period, the head of the Provincial Border Command said it was necessary to continue to suspend operations in the land border area, which was responsible for the decision to recommend the Provincial People's Committee; the time continued to halt no more than 24 hours. Now, at the same time inform the Provincial Security and its management, the border protection of the neighboring country.

4. The person with a regulatory authority at paragraph 3 This is responsible for a written notice to the State Department to coordinate the treatment when necessary; be held accountable to the law and the superior authority on temporary decisions; at the end of the deadline. allowing or when the situation has returned to normal must issue a decision to abolish the decision-to-halt decision issued and written notice to relevant agencies, the management force, the border protection of the neighboring country and the announcement on the media. Well, it's a good news for the people to know.

What? 11. Managing activity in the border belt

1. The land-border Provincial People's Council defines the borders of the border after an opinion by the Ministry of Defence, the Ministry of Public Security and the Ministry of Foreign Affairs; for the special case reporting the Prime Minister review, the decision.

2. The people who stipulate at 1 Article 5 This decree are active within the border belt.

3. Those who are not subject to Regulation 1 Article 5 of this decree when entering the border belt must have a prescribed identification on Clause 1, 2 Article 6 This decree and must report either the Border Patrol or the Social People's Committee.

4. The Agency, the organization that operates within the border belt must inform the Office of the Border Protection at the list of people, media, time, range, operational content.

What? 12. Management Operations in the penalty area

1. The border-provincial council of the people of the province defines the penalty area within the local sphere of management at the suggestion of the functions of the provincial functions.

2. The Minister of Defense defines the penalty area for defense works, border works, and informs the Provincial People's Committee where the forbidden zone is located.

3. Manage, protect the forbidden zone

a) The forbidden zone must have the protection cabinet due to the head of the agency, the unit that governs that prohibition regulations;

b) The citizens of Vietnam, foreigners (except those who are allowed to live, work in that prohibition) into a restricted area must obtain a prescribed paper at 1, 2 Article 6 This decree and the head of the body, the management of that area permitted.

Chapter III

THE RESPONSIBILITY FOR CONSTRUCTION, MANAGEMENT, PROTECTION OF THE LAND BORDER AREA

What? 13. Ministry of Defense

1. Host, in collaboration with the ministries, the industry, the People ' s Provincial Committee on the Land of the Land implementing state management of national borders; organization implementing planning, planning, investment projects, policy on construction, management, border protection, border areas, and other areas. Land by law.

2. Host, in coordination with the Ministry of Public Security, Ministry of Foreign Affairs and ministries, the related construction industry between the forces to carry out the task of managing, protecting the national border.

3. Every year, it is responsible for the statistics of the number of foreigners entering the land border area, the border belt, the penalty area; the preliminary organization, the total implementation of the construction, management, national border protection, security, order, social security, and security. in the land border area.

4. Command of the Border Patrol Department:

a) presided over, in coordination with the People's Public Security, local government of grants and related agencies in management, national border protection, security, order, social security in the land border area;

b) Staff of local authorities on the content of the national movement participation in the protection of sovereignty, national border security; strengthening of the political establishment, building of a strong land border area in terms of economic, political, cultural, social, national and international affairs. the room, security, foreign;

c) conducted management measures, border protection; layout, use of force, media, weapons, support tools to implement function, management duties, national border protection, security, order, and social safety in the land border area. Immediately; in defence, anti-crime, smuggling, illegal shipping of goods across borders, commercial fraud, and other violations of the law; in order to act on the law of the law;

d) Organization of patrol activities, fixed controls, frequent movements, breakthroughs to test, control of people, vehicles into the land border area, border belt.

What? 14. Ministry of Public Security

1. Host, in collaboration with the ministries, the industry, the People ' s Committee of the Land Border Provinces building plans to protect national security, attritiate border security with domestic security; in coordination with the Ministry of Defense instructs the Border Defense Department to participate in security protection. Political security, security, social security, and immigration law.

2. Host, in collaboration with the Ministry of Defence, which advocates for defense, anti-crime and violation of security, order, social security in the land border area.

What? 15. Foreign Ministry

1. Host, in collaboration with the ministries, the industry, the People ' s Committee of the Land Border Provinces implementing international treaties on the border, territory on the basis of international treaties on the national border planning that the Socialist Republic of Vietnam is the most important. I'm not

2. Host, in collaboration with the ministries, the industry, the People ' s Committee of the Land Border Provinces negotiating, addressing the issues that arise with regard to the sovereignty of the national border.

3. Coordinate with the Ministry of Defense to build coordination statute on solving cases, provide news, documentation, foreign affairs guidance; public works, total issues related to construction, management, national border protection.

What? 16. Ministry of Planning and Investment

1. Host, in collaboration with the Ministry of Defense, the People ' s Committee of the Land Border Provinces aggregated the need for investment in infrastructure development in the land border area; river mecko, border stream, chameleon guarding the national flag reported by the Prime Minister. In the balance of a suitable budget for private investment to strengthen defense, security combined with economic, social development in the land border area.

2. Host, in collaboration with the ministries, the sector, the People ' s Committee of the Land Border Provinces, which builds up the mechanisms, the policy on development investment, facilitriation of economic, social development in the land-border region.

What? 17. Ministry of Finance

1. Every year, presiding, in coordination with the Ministry of Defense, the People ' s Committee of the Land of the Land of the Land of the Land of the Land of the Land of the Land of the Land of the Land Budget, which provides a state budget for the task of managing, protecting the borders according to the current state budget allocation.

2. Coordinate with the ministries, the related sector, the People ' s Committee of the Land Border Provinces building the mechanism, fiscal policy, facilitation of economic, social development in the land-border region.

What? 18. Ministry Of Commerce

1. Host, in collaboration with the ministries, the industry, the People ' s Committee of the Land Border Provinces that builds commercial development policy in the land border area.

2. Host, in coordination with the Ministry of Defense, the Ministry of Finance directed to operate the purchase, sale, exchange of goods of border residents.

What? 19. The ministries, the related sector

Within the scope of the mission function, its powers, in coordination with the Ministry of Defense of Construction, Management, National Border Protection, security, order, social security within the land border area.

What? 20. The people ' s committee of places with borders on land

1. Do state management of national borders in accordance with the rule of law; building a strong land border area in terms of politics, economics, society, defence, security.

2. Directed the boards, industry, body, force in coordination with the Border Defence and Relevant Agencies in Management, National Border Protection; security, order, social safety, room struggle, anti-crime in the border area. Land by law.

3. Organization of the Functional Forces, mobiles the population of the people to carry out the global movement to build, manage, protect the national borders; in the chamber, against the activities of violation of sovereignty, national security and order, social safety in the region. The land border.

4. Organization for propaganda, disseminism, education of law for cadres, people on construction, management, national border protection; security, order, social security in the land border area.

5. Every year, the layout of the local budget for construction, management, national border protection, security, social security order in the land border area.

What? 21. Other organization.

The agencies, other organizations that operate in the land border area must accept this decree and the international treaty that the Socialist Republic of Vietnam is a member; it is responsible for coordinating with the Border Defence Department in management, national border protection, and the United States. Security, orderly, social security in the land border area.

Chapter IV

EXECUTION CLAUSE

What? 22.

This decree has the enforcement effect since June 15, 2014 and replaces the Protocol No. 1. 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? 23.

1. The funding of building, management, national border protection, security, order, social security within the land border area is guaranteed by the state budget.

2. The establishment, allocation, delivery of the bill, the bar, the decision is made under the regulation of the State Budget Law and the execs of the execs.

What? 24.

1. The Minister of Defense of the Minister of Defense, in coordination with the ministries, the relevant sector, examines the implementation of this decree.

2. The ministers, the chief of the peer-agency, the Head of the Government of the Government, Chairman of the Central Committee of the Central Committee of the Central Committee of the Central Committee are responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung