Advanced Search

Circular 9-Bnv (Bđbp): Guide The Implementation Of The Regulation Of Border Areas

Original Language Title: Thông tư 9-BNV(BĐBP): Hướng dẫn thực hiện các Quy chế khu vực biên giới

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
 
 
 
 

CIRCULAR Guide made the regulation of border areas of the Council of Ministers issued Decree No. 427, dated 12-12-1990 about Vietnam-Laos border area, Decree No. 42/dated 29 January 1992 on the Vietnam border areas regulation-Spokes-Lady-chia; Decree No. 99-dated 27 March 1992 on the regulation of border areas Vietnam-China.
On 10-8-1992 the Council of Ministers Decree No. 289/HĐBT to modify some articles of the regulation of border areas.
To make uniform regulations of the border area, the Interior Ministry instructed as follows: i. on the BORDER AREAS, the BORDER BELT, the BANNED 1. a) border area: according to the regulation of border areas, only the communes, wards and towns (referred to as the town border) border next Executive coincides with the borders of the new nation was defined as the marginal areas world.
The town border is recorded in annex 1 attached to this circular.
b) border belt said in the border area only bylaws limit must not exceed 1500 m from the boundary line back in, not the minimum limit regulations. The scope of narrow or wide border belt is based on the security situation, the order, defense, economy, topography and border protection requirements in each area of the locality to the regulations accordingly.
When setting the belt at the border, in the border market, the exchange of goods, the tourist area in the aforementioned places are arranged into the deep inland, beyond the asteroid belt. in that place, the shrinking border belt according to the necessary requirements.
c) zone.
-In the border belt, in places of need or time needed, important on security, defence, the economy, the zone set.
-Outside border belt, within the border area, if the prohibition in the scope of State secrets as defined in article 6 (paragraph 6), article 7 (clause 5) Ordinance on protection of State secrets and article 9 regulation of the State secret protection attached to Decree No. 84-dated 9 March 1992 shall apply according to the rules.
2-the Director of public safety consistent with the proposal of the Commander of the border guards Chief for the border of the province people's Committee, based on the specific situation in each place to decide the scope of the border belt, the banned after the agreed with the Ministry of Interior and Ministry of defence; If the point of inconsistency, the provincial people's Committee reported the Government decision.
Decisions about the scope of the border belt, the prohibition to have Appendix captions clearly defined base on a map to mark on field by the billboards.
3-types of signage to indicate the boundaries of "border areas", "frontier belt" and "the forbidden" follow the model of unity, by reinforced cement, corrugated or stiff wood in recognizable places or for ease of identification. On the languages the word signs: line on Vietnam Word, line under using Chinese or Cambodian, Lao text divided into corresponding to each border area regulation. \ ' ebcác international gate allow the third countries back then scored more English inscription, dimensions according to Annex 2a, 2b, 2 c, attached to this circular.
II. Residence, TRAVEL in the BORDER AREA A-RESIDE in the BORDER AREAS.
1-in addition to those who are resident in the border area the provisions in clause 1, 2 article 4 regulation of border areas Vietnam-China; Article 5 regulation of border areas of Vietnam-Laos and Vietnam border areas regulation-Dam height, then those are public security Frontier Province license was also reside in border areas include:-the people in the border areas to economic construction according to the master plan of the provincial people's Committee;
-The people in the border area to reunite the family (as to the father, mother, wife, husband or son we have permanent residence in the border area).
For officers, workers, employees of the Agency, the economic base, social organizations, the armed forces of collective household registration in the border areas, now retired, retrenchment in the permanent register under the current procedure.
-People who are legally resident in the border area, when relocation out of the border area, they must cut the household residence to enter the household at the new place and must return certificates for border police agencies to apply for granting the identity in the new residence.
2-those who are not resident in the border area under the provisions of article 5 regulation-Vietnam border areas of China, article 6 regulation of border areas of Vietnam-Laos border area regulation, Vietnam-Cambodian share.
When making notes the two following cases:-for the people themselves to make a living in the border areas but not yet valid household registration, not yet the license, the local authorities, the frontier in to check, if they are not subject to review are not domiciled , not be on the border area on the one hand to the administrative sanctions according to Decree No. 141 dated 25 April 1991, on the other hand, consider registering for staying to manage. If they belong to an banned residents in the border area, the local authorities forced them to leave the border area back to the former residence or compulsory residence according to the decision of the competent authority.

-The case of a prohibition of residence in the border area but they have permanent residence valid then review each specific case report the review process of the provincial people's Committee decision.
B. PLACE ON, TRAVELING IN BORDER AREAS.
-Work out, go back in the border areas to implement the provisions in the regulation of border.
-For those in town on the border with the province's border township, including monitoring the border with the border township Township of the province to another, but often needs to pass the border township then use certified paper.
-People under the age of 15 into the border area to go along with adults, if there is a license they must enroll them in the license.
-With respect to officials and employees of State agencies in addition to the border to work in the border area must have the recommendation of the governing body and the license due to the Agency's governing body and the license by the police from the district level over the residence. The case they have arrived and are working at the border but are required to border areas to tackle the job must have a referral Agency to place the work and the license of the police district (or province) where that level.
-All public officials and State employees, if the armed forces to the border area to solve the individual performing the procedure as every other citizen.
-Officials and employees of State agencies, economic and social organization, officers, soldiers, and workers in the armed forces are in addition to the border areas, often on visiting family are residing legally in the border areas, the use of identity card or military ID to go back. In case they do not regularly visited the family receives their families in border areas of the local government or unit is managing people.
C. WITH REGARD TO FOREIGNERS, STATELESS PERSONS.
The alien to travel, have to make provisions in the regulation of border areas and when they came to the border area to have people of the same governing body. The governing body has the responsibility to inform the frontier in know the purpose, content, time limits them to border areas.
D. The CROSSING Of The BORDER AREA CARRYING PASSPORTS, PASSPORT IMMIGRATION.
-The person has a passport, passport or immigration certificates to the border under the provisions of the agreement on border regulation between our country with neighboring countries, when crossing the border areas is the right route, right the gate was open to exchanges between the two countries or international exchange as prescribed by the Government and subject to the test control of the border guard, the authorities fear in.
-The case of immigration, transit stay in border areas are in the right place for provisions and subject to the control of the frontier and the administration.
III. Management, PROTECT the BORDER AREA 1-done article 15 regulation of border areas Vietnam-China; Vietnam-Laos; Article 17 regulation of border areas Vietnam-Cambodian Division, Commander of the border guard helps public safety Director advised provincial people's Committee the border based on the local situation, after the reunification with the Interior Ministry and the Board of management of the central market, the decision to organize the joint checkpoint fixed or combined control to control of the border area on the main traffic roads or places it deems necessary. The decision should specify the duties, powers, organization and composition of the stations, the combined control, ensure tight organization, assigned to clear the command (which has the credentials of provincial people's committees); members of the station or the team must wear the tape control, even brilliantly correct dress regulations and perform tasks according to specialized functions.
2-the border guard commander in the province, based on the specific situation of each locality, under the direction of Director of provincial public security organization of fixed checkpoints and when necessary, the Organization of the roving patrol to control the border area.
3-when there is a situation of security and order or muscle disease has threatened to spread rumors, head of frontier is entitled to temporarily restrict or suspend the out on the rim of greater border, at the same time phảo emergency report up the upper level directly and the provincial people's Committee. The limitations or suspensions which are enforceable immediately. Influential case involving both sides of the border, the Fort frontier school informed the Chief frontier outpost opposite of neighbouring countries to request limited or suspended work over the border again. If the incident occurs in the area of international and national border gate, the provincial people's Committee in time to report to the Government decision.
When the aforementioned complex condition no longer, the provincial people's Committee announced to everything are back to normal.

4-filming, photographing, filming, painting scenery in border areas to follow the article 19 Regulation-Vietnam border areas of China; Article 20 regulation of Vietnam-Laos border area; Vietnam-Cambodian share. The case of filming, photographing, filming done on no, then after the permission of the competent authority who must be allowed to inform the Commander of the provincial border is relevant to inform the frontier on the border know before implementation.
Filming, photographing the people in border areas in the curious Hy, Festival just reported to the authorities and frontier.
IV. IMPLEMENTATION 1-based on Decree No. 289-dated August 10, 1992 of the Council of Ministers issued on the border areas and regulation of this circular, Director of the provincial public security chief for the border province people's Committee consistent with the Interior Ministry to steer the relevant industry survey , check the path of the border, the border belt, the forbidden zone, locate the control stations, residential layout, production areas, the open market, where moored boats, the spirit of closely matched between security, defense with economic, retaining their non-conformity with the law and the agreement on the border that our State has signed with neighboring countries.
2-the Director of the provincial people's committees to help check the guide the force management functions, protect the borders of the province himself made the border areas and regulation of this circular and reports the results done up.
3-the Director of the public security border defense command directed the construction plans of the budget implementation of this regulation and proposed provincial people's Committee resolution.
4-The State bodies, economic institutions, civil society, the unions responsible people and all citizens are obliged to implement the regulation at the border areas, building and protecting the nation's borders, at the same time create all favorable conditions to help support the border guard and the border protection force to complete the task of protecting the nation's borders The fatherland.
5-The General Directorate of border defense command, according to function, is responsible for guiding and directing public security levels do advised local government implementation of the provisions of the State on the border, regularly report the results to the Ministry.
6-the Ministry of Interior Affairs for the border guard command help The track, urging, examine the implementation of this circular. The border guard command level must actively coordinate with relevant departments to help make public security Director advised the people's Committee decision under the Authority aims to promote synergy, building strong borders, political stability contributed to economic development-social-cultural and security-defense.
In the process of implementing the regulations and circular border area, if you see what need additional, modified to suit the actual calculation, then promptly reported to the Ministry of the Interior (via the border guard command) to review the decision.