The DECREE of the Government on the regulations for land border areas xãhội Vietnam Democratic Republic _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;

To strengthen management, protect the sovereignty, security, safety, order xãhội in land border areas of the Socialist Republic of Vietnam;

According to the recommendation of the Minister of national defence, the DECREE: chapter I GENERAL PROVISIONS article 1.

This Nghịđịnh the regulations for land border areas Social Democratic Republic of South nghĩaViệt; Regulation of the activities of the media, in the border area baogồm: residence, transportation, manufacturing, trading, investment, exploration and exploitation of tàinguyên and other activities; Regulation responsibilities, powers of the chínhquyền level, the force, the industry in managing, protecting land-border nướcCộng Socialist Republic Vietnam.

Article 2.

1. land border areas of the Socialist Republic of Vietnam (hereinafter gọitắt is the border area) includes the communes, wards and towns have chínhtiếp administrative boundaries and borders with the national border on the Mainland.

Mọihoạt in the border area must comply with the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam signed.

Trườnghợp international treaties to which the Socialist Republic of Vietnam signed this Decree other than quyđịnh and the legal text on the quốcgia border, the application of the provisions of international treaties.

2. in the border areas have border belt, in places that requires the need for national defense mission assurance thiếtbảo, economic security and then establishing the prohibition.

a) border belt is the part of the territory lies adjacent to the borderline giacó of depth from the border back into the narrowest place is 100 m, the 1,000 m, not over rộngnhất place unless specifically due to the Prime quyđịnh.

b) is part of zone is located in the border area are applied to a number of administrative biệnpháp to restrict travel, residence, activities of citizens.

c) border area, perimeter, border zone must have signage; theomẫu signage and plugged in the necessary place, easy to get to know.

3. the specific scope of the border belt, the prohibition by the province people's Committee giớixác after its unification with the Ministry of defence, the Ministry of public security, the hữuquan industry and Government reports.

Article 3.

Bảovệ national boundaries, preserving security, social safety and order in the boundary area is the responsibility, the duty of the Agency, organization, unit vũtrang forces, local authorities and all citizens.

 

Chapter II PROVISIONS on RESIDENCE, travel, activities in the VỰCBIÊN about article 4.

1. Those who are residing in the border areas: a) Vietnam citizens having permanent residence in the border area.

b) Who has the license of the police the border for residence in the boundary area.

c) People in the Organization, agencies, units of the armed forces headquarters often work in border areas.

2. Those who are not residents in border areas: a) Who not stipulated in clause 1 of this Article.

b) who are enforcing the decisions of the competent authorities banned residents in the vựcbiên area.

c) foreigners (except in the case of international treaties to which the Socialist Republic of Vietnam signed the chủnghĩa otherwise specified).

Article 5.

Côngdân has permanent residence in the border area are granted dânbiên zone boundary as defined by the law.

Article 6.

1. The population of Vietnam when on the border area must be certified paper dânhoặc papers by the communes, wards and towns level residence.

2. Officers, armed soldiers, officers, servants of the Agency, organized the khivào border area on the paper must have own identity card or chứngminh of the military police.

Trườnghợp on the border area the work must have a referral Agency, single vịtrực.

3. The following persons are not on the border areas: a) who do not have papers according to the provisions in clause 1, 2 of this Thing.

b) Who are being prosecuted in criminal courts, who declared the probation penalty in địaphương (except those that are in permanent residence in the border area).

Article 7.

1. Foreigners who are working in the central agencies on the giớiphải border area have a license by the Ministry of public security; If foreigners are staying in địaphương on the border area must have a licence because the provincial public security where temporary trúcấp.

Cáccơ organization of Vietnam when bringing the alien to the border area had enough giớiphải papers according to the provisions of this Decree and elected officials go along to hướngdẫn and inform the police, the border guard where to.

Ngườinước out when in the border belt have to have a license as defined in khoản1 of this and have to directly report to the frontier or the sởtại Administration to notify the frontier.

2. where foreigners go in the Organization of the high level Group on the area boundary, the bodies, the Organization of Vietnam (the agency invite and work with Unions) cửcán the go group to guide and inform the responsible côngan agencies and provincial border guard where to know.

3. Transport, operation, staying in Vietnam's border area of the ngườitrong border area contiguous countries follow regulatory boundary agreement between the two countries.

Article 8.

1. border belt was established to manage and control the activities of a person, means; maintain order, security and the prevention of the violation of phápluật.

Việccư stay, transportation, operations, production, sales, service and operations kháccủa the people in the border belt have to have planning, management of nhằmchủ preventive action closely, prevent the activities violate the sovereignty, security and safety, the boundary of the neighboring countries.

2. The person subject to the provisions of paragraph 1 of article 4 of this Decree, đượccư new, active in the border belt; others when the border belt in vàovành must have the papers according to the provisions of article 6 of the decree to man frontier report directly or people's Committee in order to inform the frontier.

3. The person to report to the frontier or in people's Committee must clearly indicate the purpose, content, time, list of people, the media, the range of activities in the border belt.

Article 9.

1. The forbidden are managed, protected under the provisions of current law that bans civil quycủa and each region.

2. When planning, building planning economic and social development in areas related to the boundary zone is consistent with the managing lývùng management industry banned it.

Nhữngtrường combination to relocate people away from the prohibition regimes, policy theoquy the law.

Article 10.

UnAmerican activities of people, Vietnam and foreign media in tourism, services, business, the economy and other economic zones opened đếnkhu relevant border follow government regulations for that area. Nếuvào border belt have to comply with the provisions of this Decree.

Article 11.

1. People, Vietnam and foreign media are eligible on the border areas, if the border belt in the night to the police thịtrấn, Ward, township-level or public security outpost in registration management staying under the provisions of the phápluật on registration and household management.

2. People, Vietnam's media and abroad when the activity in the boundary areas are subject to the provisions of this Decree and of international treaties on the giớimà border of the Socialist Republic of Vietnam signed.


3. The facilities in the border areas, the owners of the media must register at the trạmkiểm border control on the number of people going on the media, time, scope, active content; When the media does not work have to anchor at Pier Park, bãiquy, and must obey the rules of the dock, the beach.

4. During the period in the area of the border, phảichịu means the direction, inspection, control of the border guard, the police, the local chínhquyền (excluding military orders, police in the border area made nhiệmvụ ordered by the authority of the Ministry of Defense or the Ministry of public security).

Article 12. Vietnam's media, people and foreign entry through the gate the boundary made under the provisions of the international treaties to which the Socialist Republic of Vietnam signed chủnghĩa and current legislation of the Republic of South nghĩaViệt home society.

Article 13. Trongkhu border, the Agency collaborated with the border guard to thammưu for the people's Committee to: 1. residential layouts, meeting point border market, Ben, moorings, beans of the handy loạiphương on land, rivers and streams borders.

2. Tourism, the economy, the area of production, exploitation and protection of forest products, khoángsản, fishery and other activities related to the giớiquốc.

3. Construction of the social-economic, defense, security and the vựckhác related to the national border.

Article 14. When building transport projects, irrigation, hydropower, industrial, agricultural, forestry, farm, economic zone joint venture with foreign and other xâydựng projects in the border areas, the governing body must be consistent with local chínhquyền and opinions of participants related fields The biênphòng team, prior to the approval authority. Governing body when thựchiện projects are subject to the agreement on border regulations and the regulations of the current phápluật.

Article 15. Việcquay film, photograph, record, draw a scenery in the border area are not đượctiến in the places where the sea prohibited activities.

 

Chapter III management, PROTECT the BORDER AREA article 16.

1. Unity Government directed the operations management, localization of border protection maintains security, secure social order in border areas.

2. The ministries and ministerial bodies, government bodies within the scope of the task, their powers are responsible for coordinating and directing and guiding the implementation of nhữngvấn in theme functions related to management activities, protected area boundary as defined by the law.

3. Department of Defense directs the forces under which the core biênphòng team coordinated with the force holding the củaNghị regulations.

4. The local government levels are responsible for: a) directs the forces, the local departments to coordinate in độngquản Ly, border protection, maintaining security, order in the border area management method thuộcđịa.

b) organized to mobilize the forces, populace against the unAmerican activities infringe national sovereignty, combat smuggling, illegal border crossing, xâmcanh, invaded.

c) management of local border populations and other activities according to the authority.

d) building infrastructure in socio-economic development, enhance physical, spiritual life of the people in the border areas.

DD) organization advocacy, popular legal education to raise legal awareness of gender vềbiên, territory and responsible for people's participation in the management, protection of national boundaries.

Article 17. Mọicông people have the responsibility and obligation to protect the nation's borders on the land liềntheo to the provisions of the law. When discovered the infringement quốcgia border or risk compromising the borderline must notify Đồnbiên or people's Committee in the country where the nearest quannhà to notify frontier promptly processed.

Article 18. Bộđội border measures, conduct business, deployment, tiệnđể management, protecting the sovereignty of national frontiers, maintain security, order in khuvực the border. in places where necessary organise fixed checkpoints to the polygraph, in the border belt; When the necessary border guard base vàochức, the mission organized the patrol Squad, kiểmsoát to control the border area.

Article 19.

1. armed units, specialized agencies in the border areas when food hiệnnhiệm service must obey the rule of law and the provisions of this Nghịđịnh; responsible for coordinating with the border guard administration, the national boundary protection.

2. Border Guard coordinated with the agencies and units to maintain this hiệnNghị real and as advised the Ministry of defence and local government thựchiện management duties, the national border guard, maintain security, order the ởkhu border.

Article 20. On the axis of the road traffic (road, rail, river) from the hinterland, border vàokhu, giớicăn province people's Committee on the specific situation reports the Prime Minister established the stations kiểmsoát fixed or mobile complexes include the border guard forces, côngan, customs , market management, tax service to check, control over people, vehicles and goods out into the border area.

Article 21. Strictly prohibited the following activities in the border areas: 1. Damaging, move their milestone border, road signs khuvực signs, border, border, border-belt region.

2. Alter the flow of border rivers, streams.

3. Alien Invaders invasive spread, broth over the border.

4. cross-border shooting, explosive, burning with the Lady in the border belt.

5. Cross the national border illegally, harboring, transportation, directions, che dấubọn smugglers cross the border illegally.

6. unauthorized extraction of forest products and other resources in the territory.

7. Smuggling, illegal transport of weapons, flammable, explosive, toxic, matúy, toxic food and cultural goods prohibited imports, exports across the border.

8. ・ rare animals hunting, fishing with explosives, electric jacks, poison vàcác other harmful activity on the border rivers, streams.

9. Disposing of toxic environmental contaminants ecological system.

10. are there other acts do take order, treatment in border areas.

 

Chapter IV REWARDED and HANDLE breach of article 22. Collective and individual achievements in management, national border protection bonus đượckhen; If because of the obligation to participate in management, border protection that hạiđến lost property or suffered injury or sacrifice shall be entitled to the mode, chínhsách under the provisions of the State.

Article 23.

1. The Agency, held in violation of this Decree shall be processed under the provisions of phápluật.

2. a person who violates this Decree shall, depending on the nature and extent of the violation will be lýkỷ laws, the administrative sanction or prejudice criminal liability under the provisions of law củapháp.

 

Chapter V ENFORCEMENT PROVISIONS article 24.

1. This Decree shall be enforceable after 15 days from the date issued and replace the following text: thếcác Nghịđịnh number 427/dated 12 December 1990 of the Council of Ministers issued the Quychế Vietnam-Laos border area;

Nghịđịnh 42, dated January 29, 1992 of the Council of Ministers Regulation khuvực Vietnam-Cambodia borders;

Nghịđịnh/99 dated 27 March 1992 of the Council of Ministers issued the Quychế border area in Vietnam-China;

Nghịđịnh 289, dated August 10, 1992 of the Council of Ministers to modify a sốđiều regulation in Vietnam-Laos border area, Vietnam-Cambodia, Vietnam-China;

2. The other provisions contrary to this Decree are repealed.


Article 25. Hàngnăm Ministry of defence in coordination with the Finance Ministry Estimating the budget for hiệncông management, border protection, keeping the national security, order an toànxã meeting in land border areas of the Socialist Republic of Vietnam, the Government decided.

Article 26. BộQuốc room, in coordination with the ministries concerned to build the hướngdẫn text of this Decree implementation.

Article 27. Minister ministries, ministerial-level heads, heads of government agencies, the Chairman of the provincial people's Committee, the municipal phốtrực is responsible for the implementation of this Decree.