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The Decree 99/hđbt To: Enact Statutes About The Area Vietnam-China Border

Original Language Title: Nghị định 99/HĐBT: Ban hành Quy chế về khu vực biên giới Việt Nam - Trung Quốc

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The DECREE enacting the regulations on border areas Vietnam-China _ _ _ _ _ _ _ _ _ _ _ _ _ the COUNCIL of MINISTERS pursuant to the law the Council of Ministers held on July 4, 1981;
According to the recommendation of the Minister of the Interior.
DECREE article 1-Now attached to this Decree, statute of the region Vietnam-China border.
Article 2-this Decree replaces Decree No. 124-dated 13 August 1998 and take effect from the day of promulgation.
Article 3-the Ministry of the Interior is responsible for guidance and examine the implementation of this Decree.
Article 4-the Minister, Chairman of the State Committee, the heads of other bodies in the Council of Ministers, the President of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.
REGULATION of BORDER AREAS of Vietnam-CHINA (attached to Decree No. 99-dated 27 March 1992 of the Council of Ministers) chapter I GENERAL PROVISIONS article 1-Vietnam border areas-China (hereinafter referred to as the China-Vietnam border areas including the town and adjacent to the national border between the two countries Vietnam-China. Article 2-in -Vietnamese border area have border belt; in the border belt, in places with the necessary requirements, then set the prohibition.
Border belt is the part of the territory is located along the nation's borders, has shone in depth from the boundary line back into the not too 1,500 m; the prohibition is where the regulations have no resident population, production and arrangements.
The specific scope of the border belt and the prohibition by the province people's Committee of border regulations after reunification with the Defense Ministry and the Interior Ministry.
Article 3 1. The national border guard, preserve security and secure social order in the border area in China is the responsibility of the armed forces, the State bodies, economic institutions, social organizations and the obligation of all citizens.
2. Border Guard is the mainstay, in cooperation with the armed forces, the relevant sector and rely on the people to manage the protection of borders, preserve political security and social order and safety in the border areas.
 
CHAPTER II residence, TRAVEL in CHINA-Vietnam border AREAS article 4-the following people are residing in the border areas of China: the people's communes and the border town has permanent residence in the border area.
Officials, workers, employees in the agencies, organizations, civil society organizations have permanent residence in the border area.
Who has the license of the border until the residence in the border area.
Article 5-the following people not residing in the border areas of China: 1. Those who do not have permanent residence in the border area.
2. Those who have the decision of the competent authorities banned residents in the border area.
3. Foreigners, who do not have citizenship (unless the international treaties to which Vietnam joined signed or acknowledged otherwise).
Article 6-the following people are not allowed to enter the border area in China: 1. Those who are under probation, not imprisoned.
2. Those who are being prosecuted on criminal charges or are directly related to the criminal case that the competent authorities are conducting the investigation.
3. Those who violate regulations of the border has sanctioned the administration many times or sentenced which have not been deleted.
4. Who are to enforce the judgment or decision of a civil court, the decision of the arbitration body of the financial liability, or damages property.
Article 7-citizen permanent residence in China-Vietnam border areas are granted certificates of the border under the regulations of the Ministry of the Interior.
Article 8-resident citizens in border areas in China-Vietnam border areas of Central, use certificates to the border.
Article 9-resident citizens in the province-Vietnam border in the border area of the province must have a permit of the place of residence.
Article 10-resident citizens in the province-Vietnam border to border areas of other provinces in China-Vietnam border and citizens outside the province border on-Vietnam border areas must have a permit of the police from the district level over the residence.
Article 11-the alien to the border areas of China must have a permit of the Ministry of the Interior. If foreigners are staying at the China-Vietnam border to the border area of the province that are licensed by the police.
Article 12-officers, soldiers, troops, British customs officers, ytế, banking, finance, market manager to work in the border area must have a referral of the industry and the owner must notify the public security border and frontier in the know.
Officer, agency staff in the border to work in the border area must have the recommendation of the governing body.
Officials and employees have outside the border to work in the border area must have the recommendation of the governing body and by public security license from the district level the border upwards.
Article 13-the police outside the border area, while on the border belt, that according to the provisions of articles 9, 10, 12 of these rules, but must report it to the frontier in the know.
Article 14 – people to border areas have responsible papers, declare the registration of staying, and subject to the control of the district, kiiểm town, the border guard and the local authorities.

 
CHAPTER III management, PROTECT-Vietnamese BORDER AREA article 15-On the axis of the main roads from the border areas on the domestic situation of each custom once at the people's Committee, the unified border with central market management put the station check for this control are combined or joint control teams to Prosecutor out to marginal areas world.
Article 16 – border guard held fixed checkpoints to check out on the border belt and when needed can organize the team patrols to control the border area.
Article 17-All resource extraction activities (mining, forestry), construction of irrigation, hydropower, transportation, residential, open markets and other buildings in the border area must comply with the provisions of the current law and regulations. Governing body to conduct the above activities after the permission of the authority must inform the authorities and frontier in at least 7 days prior to deployment.
Article 18-in the border belt and bans, border guard and other army units have the task of protecting the border built defensive works protecting the border. When contacted, if not dismantling must hand over to the local team, if there is no local team the units delivered to the frontier.
When there is a situation of security and order or risk the threat of disease spread, Commander of the border guards from the Chief of Fort supply and over are entitled to limited or temporary suspension of work, on the rim of the vast border but must report the Chairman of the provincial people's Committee.
Article 19-filming, photographing, recording, drawing scenery in the border area must have a permit of the Frontier Province and under the control of the border guard.
In the case of cinematography, photographed from the air in the border area (after the permission of the competent authority) must inform the border guard owners know at least 7 days in advance.
Article 20-In-Vietnam border areas, prohibits the following activities: 1. Damaging, move their border milestones, distinguishing signs mark the boundary in the border areas.
2. Change line of tibial border rivers, streams.
3. Cross the national border illegally, che dâú, directions, help people cross the border illegally.
4. Opened fire, setting off within 2 km, from the borders to come on. In case of need explosive in this range must inform the frontier in at least 7 days; frontier in the responsibility to notify the frontier opposite of China said.
5. Burning of slash, Ray within 1 km from the border back.
6. Invasive, invasive spread across the border.
7. Caught fish by explosives and poisons on the stream borders.
8. Hunting birds, animals in the border belt.
9. the arms purchases, Exchange, warehouse, transport use psychology, media, documents, books, cultural product types debauchery, reactionary.
10. Disposing of toxins polluting the environment.
11. other activities conducted disorderly treatment in border areas.
 
CHAPTER IV FINAL PROVISIONS article 21-collective and individual achievements in the management of border protection are rewarded under the current regime. If because of the obligation to participate in management, border protection that damage to property or injury or sacrifice shall be entitled to the regime, according to the policy specified by the State.
Article 22-Who would violate this regulation will depending on the nature and extent of the breach could be handled administratively or be blind for criminal liability.
Article 23-A of this regulation with effect from the day of promulgation. The previous provisions contrary to this regulation are repealed.