Circular 02/2012/tt-Bqp: Guide The Implementation Of A Number Of Articles Of Decree No. 89/2009/nd-Cp On October 19, 2009 By The Government On Border Affairs

Original Language Title: Thông tư 02/2012/TT-BQP: Hướng dẫn thực hiện một số điều của nghị định số 89/2009/NĐ-CP ngày 19 tháng 10 năm 2009 của chính phủ về hoạt động đối ngoại Biên phòng

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Numbers: 02 /2012/TT-BQP
Hanoi, January 13, 2012


Instructions to do some things of the number decree 89 /2009/NĐ-CP October 19, 2009 by the government on Border Patrol operations.


Base of Protocol 89 /2009/NĐ-CP October 19, 2009 of the Government on Border Foreign Operations;

Base of Protocol 104 /2008/NĐ-CP 16 September 2008 by the Government Regulation, mandate, authority, and organizational structure of the Ministry of Defence;

On the recommendation of the Commander of the Border Patrol,

Minister of Defense directed the implementation of paragraph 2 Articles 6, Article 7, Article 8, Article 14 and Article 19 of the Digital Protocol 89 /2009/NĐ-CP October 19, 2009 of the Government on Border Border Operations (later abbreviated as Protocol No. 1). 89 /2009/NĐ-CP), as follows:

What? 1. The adjustment range

This information instructs new receptials; forms, operational measures; internal spending in border-border activities; the responsibility of the Border Defence Department and the agencies, the relevant unit in the implementation of the border-border operation.

What? 2. Subject applies

This information applies to:

1. The ministries, peer agencies, government agencies; the People ' s Committee of the High-level Border on the mainland and the Border Defence Ministry.

2. Marine Border Patrol Department units operating on the border imposed by regulation at Decree No. 2. 89 /2009/NĐ-CP And the instructions of this message.

What? 3. New celebration in border foreign affairs (paragraph 2) 89 /2009/NĐ-CP)

1. Site where the negotiation is performed by Form 07 at the Appendix accompanied by this message.

a) font, the background is consistent with the reception room.

b) The title on the font, the banner tape is shown parallel in two languages (Ta and You).

c) The small flag (National Assembly of talks) placed on the table, in front of the Head of the Company each side and the same flag of the National Flag (size 1.2 m-1.8 m) of each water suspended on the main font, or could be erected at the top of the font, if viewed from outside, the National Assembly. Yes, the national flag on the left, the seat of each side by the position of the flag.

d) The passenger desk had a towel, putting flowers in the middle.

There is a water, fruit, and water; if you use tea (including black tea), you must use the cup with the porcelain.

2. The position seated in the external activity is based on Form 08 at the Appendix accompanied by this Information.

a) How to arrange a seated position: Table of talks or tables of work of the two unions are arranged in a long, table-van, oval or a letter. Arrange each one on one side. The head of each side sits between, the chief of the crew is the number two, and the number two is number four, the left side is the interpreter, on the left side of the interpreter, the number three on the third is number five and the next to the right. and the left to the end (according to the conference list).

b) On the table or a table at the table, the name of the order, according to the order of the order, arranged for the delegates to sit on their positions (the sea name clearly states the rank, name, office; one side written in Vietnamese, one side written in the English language, and when the name was given to the sea name) Back to me, the sound of your return to your side.

3. The signing procedure: After the conference, the signations of the two sides stand by the sign behind the sigman, in order of order, from the middle of the line; the signations sit on the same side; the table, on the table of flowers, and the small flag of each country, with the pen of the pen, the pen paper. After the ceremony there's a blessing, you can film, take a picture.

4. Ranking Location: The seating arrangement must be compatible with the seat of the guests. The seating area is named; the seating arrangement depends on the shape of the table, however it is necessary to comply with the following principles:

a) According to the rank of the delegate;

b) If two delegates at the same level, then the number of the ages and the women, and the women, and the women,

c) Two interseconated positions.

5. On the costume: When the conference wears a seasonal subdress; in attendance, the dress is worn in uniform (the calendar manifold). If you join the local delegated unions or ministries, the industry follows the decision of the Head of the Division.

6. Text signature.

a) The head of the delegation or the authorized signor of each side by the designated position, I am on the right, you on the left; each side has a signor, the members behind the head of the party.

b) After the signing of the two parties;


d) Give a letter: After signing the text or after the reception.

7. My Crew: The Head of Delegation I give you and walk you out, to be a friend and wear a costume as if you were to meet.

8. The event that invites you to attend must have an approved plan of approval and must ensure the safety of the consultation process.

9. The deployment of the car, pick up, the layout of the meal, rest for the delegation you make on the rules of the law on the reception.

What? 4. Form of border external activity (Article 7) 89 /2009/NĐ-CP)

The form of border foreign activity includes direct talks or through invitation mail, notification mail, protest mail; when the border external activity is done, the following process must be done according to the following process:

1. You go to My Job:

a) Work prepared before work

-Report directly on the grounds of inviting you or because you recommend to us work; specify the purpose, content, program, composition, time, location, and other necessary matters.

-Building plans for a reception, program, work content, envisage issues that can arise and resolve the resolution through a committee, command, and authorization.

-Commissioner report, local authorities under jurisdiction.

-Preparing documents, materials, vehicles, working rooms, dining places, vacations, where visitors fit the character, the purpose of the meeting.

-A plan program, work content, work purpose, work, the commander of the agency that helps the drafting of the text.

b) The organization works

-The organization welcomes you at the border crossing line or at the crossing point on the border and takes you home to the planned negotiation site; the conference venue may be at the international guest house of the store border station or conference room due to the application. I mean, the plan was planned.

-At work, we and you take the original social procedures, introduce into the Corps, if you wear a uniform, when you ' re introduced, when you ' re introduced, you ' re going to have to do your job, your face, your head, your head, your face, the show, the content. The plan and the content were approved.

If you have the contents of your protest, the question is not true or impossible to answer the conclusion, not within the scope, the authority must be calm, prudent, prudent to use the argument to persuade or respond.

-We and you do the procedure through and sign the report of the working results.

-Case We and You unify the working content and sign the same editor; you do not agree to compile the statement of each side and the same letter.

-Case we and you don't get to the plan, we write the order.

-The organization to send you to the country, giving a souvenir, a gift: The ingredients and rituals under the Plan have been granted on approval (presents or donations are not sealed or sealed).

-End of work: The host of the host unit and the participating participants meet you to hold an experience to assess the results of the results and report on the live level; complete the filing at the unit.

2. We go to You to work:


-Building a plan, content, component to a booklet.

-Do the procedure for a review of the implementation in accordance with Article 5 of this information.

-Text-to-text message about your invitation or your offer to work;

-Organisitalization Group Planning, content program, method of work, assignment of responsibility for each member of the team.

b) When working with You

-proceed to the original procedure, introduce the Corps, the work method.

-Text content presentation prepared to be granted on approval.

The process of working must be calm, prudent, prudent; the case is not unionable to write to the security editor; for the issues you highlight the content, the work program, or the problems that are not in scope, the authority, the Head. The team recorded the report.

-Signature of work, souvenir, gift.

c) After the unit.

-Experienced withdrawal meeting, working results and direct-level reporting.

-Completing the profile at the unit.

3. Join the local delegation

a) The case of the cadre of the fort or of the Department of the Provincial Border Command, the Central City of China (later abbreviated as the Department of Provincial Border Command) was sent to the local negotiating team, if the content was involved in the management, security guards, the border area order, and the officers were sent to the delegation to hold the instructions of the superior to work for the Chief of Staff. need to trade, to ensure the right direction of the superior and the principle of foreign relations.

b) The report directly results in the Company's negotiation results.

c) The procedure for foreign officers to be executed in accordance with the provisions of this Article 6; the economy is guaranteed by the local government.

4. The procedure itself meets working on the border line or at an appropriate location; coordinate the bilateral implementation of the plan, the two-party content has united.

5. Procedenal and authority to deliver a protest letter


When your country has regulatory activities at point b, paragraph 2 Article 7 of the Digital Protocol 89 /2009/ND-CP, proceed to the following steps:

-proceed with verification, gathering evidence and setting up a breach of the breach.

-The nature of the property, the level of breach of the report and the proposal to apply for a superior opinion on the form of protest (direct protest or counter-protest); at the same time accompanied by the protest letter to the passage of the content;

-After being issued via the counter-protest letter, the liaison officer to the liaison officer sent a protest letter to the liaison officer of the station or your opposite station;

-Report results with the upper level on the response time, the opinion of the opposite side (if any);

b) The authority to deliver a protest letter

-Vietnam border station with a station or an opposite station;

-Vietnam border level with border level opposite;

-The district level, Vietnam border province with district level, border province opposite.

What? 5. Procedulated sequence, case review and export procedure, entry for overseas business personnel carrying out duties on border foreign affairs.

1. Procedulate, case review

a) Base for the command of the unit to send the officers abroad to work:

-The annual foreign affairs plan and the direction of the Department of Border Command.

-Agreement between the Command of the Provincial Border Command with the Commander of the Border Guard of Your Water.

-Letter to the Commander of the Border Protection Forces, relevant related body or district authority, level of the border province of your country (there is a Vietnamese translation of the signature and clear of them, name, rank, translator, and there are signs of the Commander-in-command) -Yeah.

-The decision or text of the Provincial People's Committee, the district on the establishment of the delegation or nomining a delegation to work in the country.

b) Case procedure:

-Office of the Command of the Ministry of Border Protection of the Ministry of Border Protection on the sending of foreign officers in accordance with Form 01 at the Appendix accompanied by this Information.

-The invitation of the Border Protection Forces Command, the relevant related authority or district authority, the border province of your country (which has a Vietnamese translation, has the signature and records them, the name, rank, the translator, and the confirmation sign of the unit commander).

-The decision of the Provincial People's Committee, the district on the establishment of a foreign company with the Border Patrol.

-A list of officers sent for foreign work, requesting a full record of the contents according to Form 02-Form DS-74 at the Appendix to this message and the accompanying 2 wearing a 4x6 cm-sized uniform.

c) Time to submit reports and records on the staff of the Joint Chiefs of Staff (later abbreviated as the Ministry of Staff) prior to the 7-day work deadline for the staff to be decided by the Border Force Command.

d) During the 3-day period of work, since receiving the report and records of the Department of Provincial Border Command, the Department of Staff was responsible for coordinating, directing the appraisal authorities and making procedures under the provisions of the Command of the Border Patrol. sign up or report the Department of Defense.

The case is urgent, the unit report by the Command of the Border Force Command to review, resolve, then complete the case, the procedure sent to the Staff to monitor.

e) The case of foreign-educated cadres, seminars, professionals, visiting and addressing the implementation of the Organization for the Organization of Defence, Management and Coordination of the Ministry of Defence in the Ministry of Defence.

2. Procedulate, entry

a) You go to me to work:

-If you work at the precinct (the precinct and the equivalent) suggest you submit a list of members of the delegation (specify the name, rank, office, unit, office of the delegation) to do the basis for a list of members of the team and the test.

-The case for your participation in the town site, the border town, the provincial-level unit commander, united with the Provincial Security Police Import Authority.

-If you go to the conference within the district, the province (provincial level, district level) must have a prescribed border or passport.

b) I go to you to work:

-If you work at the stations, the station store sends your team's list (it is clear that the name, rank, office, unit, office).

-If working in the area of the interior (province, district) must have a prescribed passport or passport.

What? 6. Defense-Border Activity Measure (Article 8) 89 /2009/NĐ-CP)

1. Build a border foreign border operation plan

a) A yearly border border operation plan

-Head of the Provincial Border Patrol Building plans for an annual border operation report of the Joint Chiefs of Staff, the Joint Chiefs of Staff, before 10 September of every year.

-Office of the Border Protection Plan for the annual border protection plan to determine the diplomatic activity of the offices of the Provincial Border Patrol.

b) the annual border action plan of the command of the Provincial Border Patrol Command:

-Build a plan.

-The purpose, the request;

-Scheduled to work (I go to You, You to Me);

-Content, work method;

-Time (in the quarter), location, composition;

-Guaranteed work.

-The execution.

c) The organizational plan once met, working

The organization plans to meet, work to be built for each implementation and report that the Command of Border Protection (for the provincial level) needs to specify the following content:

-Target, request, work.

-Content, organizational approach, work.

-Time, composition, location, work.

-The cost, the means and the assignment of organizing the organization.

-It's safe to meet, work.

-The preparation work, the working content must be tight, the report goes directly to pass. In addition to pre-prepared text content, it is necessary to envisage the problems You can set out during meetings, work and resolve.

2. In contact relations, work with You must perform the right content approved; speech, exchange while working by the Head of the Company, the opinions of the members who reflect the most centralor through the Chief (except for the College of Head). Authorization or authorization.

3. The head of the delegation is responsible for managing all activities of the Corps (internal protection, security, reporting, contact relations, and movement).

4. The exchange content of working between the two parties must be fully documented, detailed to the bilateral or unilateral border execution by Form 06 at the Appendix accompanied by this Smart, if the bilateral border must form two in Vietnamese and English. You have the signatures of the two captains.

5. Base Agreement on the Border Regulation, the commander of the command of the provincial Border Guard, the provincial border guards, with the border protection force, the local government of which you unify the coordination of the coordination of the border foreign affairs.

6. The annual periodic border protection force meets every 6 months, 3 months of the two-party border posts. The venue is organized in a rotation format. When there is a sudden situation involving security, order on the border, the two sides meet with the unity resolution, coordination of the settlement. Places where you do not have border protection, border posts with your government or your borders.

7. Ask for Border Border Activity Measure:

a) While working with You if there are issues that arise outside of the scope of the content that inform you or the issues that are beyond the jurisdiction, the Head of the Petition, the report issued on the direction of the direction; if you refuse or deny the content we raised It ' s written to the editor to protect the idea.

b) In relation to the border protection force, your local government; the commander of the command of the provincial Border Patrol Command, the Chief of the Border Station, the de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-

c) For incidents involving sovereignty, national border security, the commander of the command of the provincial Border Patrol Command, the presiding officer of the presiding officer, meeting with the announcement, exchange, or protest.

d) For the incidents involving civil relations that occurred in the border area, the commander of the command of the provincial Border Patrol Command, the headquarters of the Border Station, in coordination with the authorities for the local government, presided over the operation. notification, encounter, exchange or protest.

The university visits the city to celebrate the holiday, the New Year's Eve; condolences to the state of mourning, natural disasters, fire, and other activities, and the command of the actual situation of the situation and the officer to the right.

What? 7. Border Defense Department responsibility for border border activity. (Article 14) 89 /2009/NĐ-CP)

1. Border Command Commander

a) Staff to the Central Military Commission, the Minister of National Defense on advocated, orientation of the border foreign affairs and organizing implementation of the decisions made by the Minister of Defense, the guidance of the Ministry of Foreign Affairs and the agencies involved in the operation. Secretary of state, border security, protect the sovereignty of the state.

b) Construction of the annual border foreign service plan reports the Secretary of Defense approv.

c) Appropriation of the annual border foreign service plan of the Chief Command of the Provincial Border Command and implementation of the implementation.

d) The organization directing the implementation of the international treaties on the border is signed and the agreements of the grant grant the two sides of the border under the rule of law and function, the duty of the Border Defence Ministry.

Directed, guided by propaganda work, disseminism of legal education on border-border activities, building of peace, friendship, cooperation, and development.

e) Participate in negotiations on the border, waters of the State of the State when designated; sign of co-operation documents on border duty with the border protection force and the relevant countries under the mandate of the Minister of Defense.

g) Visit and invite the commander of the adjacent water border protection force, the countries that are involved in the visit, working with the Border Defence Ministry under the direction of the Minister of Defense.

h) The decision and be held accountable to the Ministry of National Defense for the sending of cadres (except for the rank of prime minister) to work in countries that share borders to carry out border diplomatic activity in accordance with Article 4 of the Census. 89 /2009/NĐ-CP and send a decision on the Department of Defense, Department of Security-Security/Political Bureau, Department of Defense Foreign Affairs, Bureau 25/Directorate II (every 1 agency).

2. Command of the Provincial Border Patrol Command:

a) Staff to the Standing Committee of the Provincial Committee, Chairman of the Provincial People's Committee, Commander of the Border Defence Department on the implementation of the border-border foreign affairs on the government's hierarchy and regulations of the Ministry of Defense.

b) Construction of the implementation of the annual border foreign border operation report of the Command of the Border Protection and implementation practices. Appointed staff to join the local delegation at the direction of the Commander of the Border Patrol.

c) Command the chief of the Border Station to implement periodic or groundbreaking contact relations to inform, exchange the implementation of the Agreement on the Boundary Statute and coordination with the relevant forces on the management site to struggle, prevent further disputes. The violation of the border area rules by law.

d) Join the negotiating team of the Provincial People 's Committee addressing the problems that occur on the border with regard to sovereignty, security, order in the border area according to the Government' s hierarchy.

Visit, work at your invitation; invite and organize to command your equivalent border protection force to me to work, visit the day of the holidays, steak, or participate in other activities under the direction of the Commander of the Department of the Border Patrol. Currently, Number 3 at the Appendix with this message.


a) Staff of the Standing Committee of the District Committee, the Chairman of the Committee of the People's Committee of the Border of the Border with the equivalent of the equivalent government of the adjacent country to coordinate the issues of security, order, and civil matters concerning the local government. The two sides of the border under the jurisdiction are prescribed at the Border Regulation Agreement and the direction of the Chairman of the Provincial People's Committee.

b) Relations with the commander of the fort or station of the forces of the water border protection force periodically or mutated to coordinate the implementation of the Agreement on the Border Regulation:

-Exchange of the situation in violation of territorial sovereignty, security, order concerning the two sides of the border;

-Take over the messages of the adjacent water and give you a violation of the Border Regulation.

-Counteract of violations of the Agreement on the Boundary Statute on Form 05 at the Appendix accompanied by this Information.

-Notice the restriction or pause over the border by the rule of law executed by Form No. 04 at the Appendix accompanied by this Information.

-Coordination of patrolling, control, border traffic, national landmark; coordination of anti-defense, anti-crime, prevention of terrorist activities; search for rescue, rescue, natural disasters, epidemics; propaganda, mass advocacy of the two people. on the border with the strict approval of the Border Regulation, to build the border of peace, friendship and cooperation and development;

c) Invite you or to visit your society to visit the day of celebration, steak; condolences when there is a state of mourning, natural disasters, fire and other activities at the direction of the Commander of the Provincial Border Patrol Command;

d) The organization to take command of the border guards of the country to work, visit society according to the plan of the superior.

What? 8. Content expense content (Article 19 The number of digits) 89 /2009/NĐ-CP)

1. Next, the Company enters work under the border border plan, namely:

My company to you, and the company to me according to the program, the plan that was approved;

b) Social details on the work sessions.

2. Construction investment, repair, facilities upgrade, technical equipment procurement, media servage activities, including:

a) Build a guest house or conference room in the border posts;

b) Purchase the service equipment for the conference such as a radio speaker, recorder, computer, font, slogan, and other items;

c) Repair, upgrade, maintenance of equipment, periodically, or technical facilities.

3. Meeting of the conference, the conference, including: Negotiation conference, exchange of information, intelligence information related to management, national border protection, a resolution, summup of border foreign relations under a yearly plan or a content science conference. In relation to border security.


a) To the collective, personal when you come to me;

b) To the collective, personal when I turn to you.

5. Training, professional professional fostering training

Training, fostering by the agency sent to school under a yearly plan or training exercise issued by the Department of Border Command or ministries, departments, departments of the provincial level;

6. Storage Profile Construction:

a) Chi print the patterns of border external activity;

b) Chi for managing work, exploitation, using case storage.

7. Other foreign activities:

a) the visitation, the sorrow of the natural disaster, the fire;

b) Continue, visit day, day, day, day, day, day.

8. Specific expenditures, accounting, management, use of the budget execution by law.

9. Cost of Friends of the Department of Provincial Border Command and the stations, the Border Patrol station is charged into the business of the border service.

10. The head of the agency, the base unit on the budget bill is granted with the annual delivery authority and the prescribed amount to implement.

What? 9. The organization performs

1. The ministries, peer agencies, government agencies, the People ' s Committee of the Provinces, the Central Committee of the Central Committee, directed the agencies, the unit of the right to carry out the border diplomatic activity under the regulation at the Protocol. 89 /2006/NĐ-CP And guidance on this.

2. The General Staff, General Directorate of Political Affairs, Department of Foreign Affairs Guide to the Border Defense Department performs border diplomatic activity under regulation at the UN Census. 89 /2009/NĐ-CP And this.

3. The presiding finance bureau, in coordination with the Department of Border Defense Command and the relevant authorities, reports the Department of Defense issued a regulation regime in the border external activity.

4. Border Command Command

a) Command the Ministry of the Provincial Border Guard Command performs peripheral border activity under the regulation of the United States Protocol. 89 /2009/NĐ-CP and guide to this message;

b) Track, foreman, inspection, preliminary action plan on the border border; report results with the Ministry of Defense;

c) The Guide to the Guaranteed Budget Guarantees for Border Protection, Content, and Regulation.

What? 10. The effect of execution

1. This information comes into effect after 45 days, since the date of signing and replacing the Number Decision 05 /2003/QĐ-BQP January 15, 2003, of the Secretary of Defense of the Defense of Defense.

2. Ministers, peer-to-peer agencies, government agencies, Chairman of the People ' s Committee, Commander of the Border Defense Department, command of the agencies, the relevant unit responsible for carrying out this Information.



Feng Quang Qingqing