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Decree 18/1998/nd-Cp: Detailing The Implementation Of A Number Of Articles Of The Ordinance On Border Guard

Original Language Title: Nghị định 02/1998/NĐ-CP: Quy định chi tiết thi hành một số điều của Pháp lệnh Bộ đội biên phòng

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The DECREE of the GOVERNMENT regulations detailing the implementation of a number of articles of the Ordinance on border guard base GOVERNMENT Government Organization Law on September 30, 1992;
Based on border guard Ordinance of 28 March 1997;
According to the recommendation of the Minister of national defence, the DECREE: chapter I ORGANIZATION of BORDER GUARD article 1. Border guard was organized, unified command from the central to grassroots units, placed under administration, the Commander of the Defense Ministry, including: 1. the border guard command directly under the Ministry of defence;
2. the border guard command in the province, central cities have borders, coast (hereinafter referred to as The Commander of the provincial border guard) squadrons directly under the border border guard command;
3. Frontier, the border guard, the unit and the U.S. border area (if applicable) directly to the provincial border guard command.
Article 2.
1. The Commander of the border guard has a commander, the Deputy Commander, assisting agencies, the schools, the subdivisions.
The Commander of the border guard administration, under the direct command of the Minister of national defence about the work of border guards and border guard building within the country;
2. The Commander of the provincial border guard and Squadron commander, has border the Deputy Commander, assisting agencies and subdivisions;
The Commander of the provincial border guard and border defense squadron to bear the direct command of the Commander of the border guard on the border and construction work units;
3. Frontier, the border guard, the unit maneuvers, the U.S. border area have command level, the Deputy Commander.
Article 3. Organizational structure, staffing, equipment and specific tasks of the Agency, the unit, the border guard in the school by the Minister of national defence regulations.
Article 4. To ensure the unity of command of military missions, The Commander of the border guard, the city and the border defense squadron under the command of Commander of military region, Commander of the military command of the province, the city, the Commander of the Department of the Navy about the defense, combat.
In military districts border on duty have advised the Commander of military region to command, directs border guard training missions and military use of the border guard forces in the defense of combat, the military districts.
The relationship between the border guard command with regional military command, the naval command and the relationship between The Commander of the border guard, the city, the squadron with the border military command of the province, the city, the Navy command of the Minister of national defence regulations.
 
CHAPTER II the DECISION LIMIT, PAUSE the OPERATION in the BORDER AREA, CROSSING the BORDER and the IMPLEMENTATION, in COOPERATION with the BORDER PROTECTION FORCE, LOCAL WATER AUTHORITIES of BORDER GUARD article 5. The right of border guard decided to limit or halt the operation, limiting or pause the back border in these cases: threatening the sovereignty and security of national borders, invading enemy, riot, catch dangerous, secure computer network of people , prevent epidemic diseases spread across borders are specified as follows: 1. The right to decide to restrict or halt operations in border areas: a) the Chief frontier Outpost was right to decide to restrict or halt activities that are directly related to the aforesaid case no more than 12 hours within the border belt by racing and must the Fox Commander of The provincial border guard command; at the same time inform the local government districts in the Township, and the agencies in the border areas.
b) Commander of The Commander of the provincial border guard was right to decide to restrict or halt activities that are directly related to the aforesaid case no more than 24 hours in the border areas in the range due to the management and to report right up people's Committee , The border guard command.
2. The right to decide to restrict or halt the crossing borders: a) In extra gate or the way back temporarily, the Chief frontier Outpost was right to decide to restrict or halt no more than 6 hours; Commander of the border guard was right to decide to restrict or halt no more than 12 hours and must immediately report up the people's Committee of the district, the province and the border guard command, and must inform the frontier and local Government water adjacent to know.
b) at the main gate by the two Governments signed the open, except the gate for the third country back, Commander of the border guard was right to decide to restrict or halt the back no more than 6 hours and must immediately report up people's Committee, the border guard command and notify the frontier and local authorities adjoining countries know.
3. Prior to the time the decision to limit or halt the back border of the level under expired, if it deems should continue to restrict or halt, the supervisor must make decisions; and shall notify the Agency and people know to make, at the same time inform the Foreign Ministry to coordinate handling;

4. The person has the right to decide the rules in clause 1, 2, 3 this must be responsible before the law for his decisions. When the situation is back to normal, then the decision limit or halt to inform relevant agencies and people to know.
5. The restricted or halted activities at the international gate due to the Prime Minister to decide.
Article 6. Relations, coordination between border guard Vietnam with border protection forces and the local authorities adjoining countries in the enforcement of international treaties on the border, build a border of peace, friendship, struggle to prevent any prejudice to the actions of border relations between countries sharing a border , are specified as follows: 1. the Chief border Outpost was the relationship with the border protection force, local authorities in the border area adjacent to and participate in the negotiations because the Authority specifies;
2. The Commander of the provincial border guard was in a relationship with the border protection force, local authorities granted the province borders and join the provincial negotiator on matters related to national boundaries;
3. The Commander of the border guard relations with adjacent countries border forces and join the negotiations as directed by the Minister of Defense or the Prime Minister.
 
CHAPTER III COORDINATION RELATIONS BORDER WORK article 7. The Department of Defense coordinated with the ministries in the management, protection of the sovereignty, territorial integrity, security, order of national border on the Mainland, the Islands, the sea and at the border.
Article 8.
1. Ministry of Foreign Affairs in cooperation with the Department of Defense instructions, foreign professional training to The border to perform for the periphery, resolve incidents involving foreigners and implement international treaties on the border that Vietnam signed or participated;
2. Government border Committee is responsible for guiding the legislation, international treaties on management, protection of national borders, national landmark sign system for border guard;
3. Ministry of Interior instructed border guard duty to protect national security, order, social security in the border areas.
Article 9. The people's Committee of the levels based on the duties and powers prescribed by law, the direction of the Ministry of Defense is responsible for directing the implementation of task management, border protection and construction of border guard.
Article 10. With regard to the problems related to the management, security, order the border countries, build the basis of politics, culture and society, the planning and construction of the gate, construction of residential land border areas, gate, the Islands, the sea, and the problems related to the construction and operation of the border guard , Commander of the border guard is the direct relation with the Interior Ministry, Foreign Ministry, the Government's border Committee and the ministries related to the work of border guards, the provincial people's Committee, the central cities in Exchange settles, and report to the Department of Defense.
 
CHAPTER IV POLICY REGIME for BORDER GUARD article 11. In the annual State budget plan, government investment priority funding to build barracks, electric construction, clean water; vehicles, audiovisual media for the rumors, stations and mobile units, border patrol and road to the border.
Article 12.
1. in direct time duty manager, border protection, Islands, officials and border guard soldiers are entitled to allowance for responsible border protection, Islands under 0.3 level for those who enjoy the salary calculated on the minimum wage, for commissioned officers, soldiers charged on private military rank allowance;
2. Officers, professional military personnel, national defence employees in the border guard are in the border region, outlying islands and had the time of continuous work in the regions from 5 years upwards, monthly allowance perennial work in border , Islands by 3 levels: 0.2; 0.3; 0.4 compared to the minimum wage: a) From 5 years to under 10 in enjoy the level of 0.2.
b) From 10 years to 15 years enjoy the level of 0.3.
c) From 15 years and above to enjoy the level of 0.4.
Article 13. Officer, border guard soldiers while on duty protecting the borders, Islands in places particularly hard, arduous if the sacrifices are being confirmed as martyrs; labor takes injuries from 21% over, are confirmed as invalids; If ill take labour power from 61% over, are confirmed as sick soldiers according to the Ordinance on the incentive works, martyr and revolutionary martyrs families, invalids, sick soldiers, who operate the resistance, who has the help of revolution.
The Ministry of defence pursuant to the nature and tasks of each border line, the Islands United with the Ministry of labor, invalids and Social Affairs determine geographical special hardships of border guard to a policy of martyrs, the wounded, the sick veterans as defined in this article.
Article 14. The Institute Awards the State competition along with the Defense Department study of the Government about the regime, form of rewarding soldiers for border guard border protection operations, long island.

Article 15. Annually border guard is preferred to recruit some teens in the minority and people elsewhere to settle in the border areas, Islands to create a source of long-term service in the border guard.
Delivered to the Department of defense research organization school of cadets for the border guard to meet the requirements of the mission.
Article 16. Officers, professional military personnel, national defence employees in the border guard to move his family to settle in the region, islands are local Government move to place land and enjoy the mode of subsidy as households take to build a new economic region or migrants off the island; are local governments where it management, job, help create conditions for the early settling family.
 
Chapter V article 17 ENFORCEMENT TERMS. The Decree has effect after 15 days from the date of signing; the previous provisions contrary to this Decree are repealed.
Article 18. The Minister of national defence and Minister of the Ministry related guiding the implementation of this Decree.
Article 19. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.