CIRCULAR guide implementation of Decree No. 34/2001/ND/CP dated 18/8/2000 on the regulations for land border areas of the Socialist Republic Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 18-8-2000, the Government issued Decree No. 34/2000/ND-CP on regulation of land-border areas of the Socialist Republic of Vietnam (hereinafter referred to as the Decree 35/CP) , which in article 26 of Decree 35/CP rules "Defense Ministry in coordination with the ministries concerned to build the text tutorials made this Decree".

After the reunification with the ministries involved, the Department of Defense instructions made specifically as follows: i. the BORDER AREA, the BORDER BELT, the BANNED 1. Determine the area of the border, and the border belt.

a) border area.

Land border areas prescribed in clause 1 article 2 of Decree 35/CP including the communes, wards and towns have administrative boundary adjacent to the national borders on land (hereinafter referred to as the commune border and recorded in annex 1 attached to this circular).

b) border belt.

Identifying a perimeter border base on the situation of national defense, security, economics, and regulatory requirements to protect the border in each locality to rule accordingly.

Special case due to the terrain, requirement management, border protection in certain areas, if there are other provisions with a clause 2 article 2 of Decree 35/CP, the people's committees of the province United with the Department of Defense, the Ministry of public security to report the decision to the Prime Minister.

c) zone.

In the border areas where necessary, important, or the time needed to ensure the security, defence, the economy, then determine the prohibition. Can the zone established in the border belt or beyond the border belt in the border areas.

The prohibition in the field management of the industry is the industry that functions consistent with border guard command, the military command and the Public Security Directorate reporting to the provincial people's Committee of the Government decision.

Managed zone, protected under the provisions of the current law and regulations, protection by the Agency decided the prohibition enacted.

When determining if a zone needs to relocate people to notice and make compensation according to the provisions of the law.

d) based on the specific situation in each locality, the border guard command, coordinated with the Board of Directors of public security, the military command of the border Committee, and the functional sectors advised provincial people Committee United with the Department of Defense, the Ministry of public security to determine the scope of the "frontier belt" the "forbidden zone", and Government reports.

The decision defines "frontier belt", "forbidden zone" must be established, profile diagram and mark on field by the billboards.

2. The types of signage "border areas", "frontier belt" and "the forbidden" follow the unified model of reinforced concrete grade 200, plugged in the necessary place, easy to get to know. On billboards written in three languages into 3 lines: the first Line written in Vietnam, the second line of text written in the adjacent respectively, the third line written in English letters. Specifications, dimensions, signature of signage signage according to Annex 2a, 2b, 2 c attached to this circular.

3. the border guard command in coordination with the Directorate of public security, the military command of the border Committee, and the functional sectors advised provincial people's Committee: a) conducted the survey back "frontier belt", "the banned" and position plug the signage area was determined by the Decree No. 427, dated 12/12/1990 of the Council of Ministers ban regulations Vietnam-Laos border area; Decree No. 42, dated January 29, 1992 of the Council of Ministers on regulation of Vietnam-Cambodia border area; Decree No. 99/dated 28/3/1992 of the Council of Ministers issued regulation area Vietnam-China border; If is also consistent with the Decree 34/CP and guide of this circular, then keep, if not longer appropriate must be adjusted again by Decree 34/CP and guide of this circular.

b) where previously unknown "frontier belt", "region" according to the Decree 427/HĐBT, Decree 42/HĐBT, the Decree 99/HĐBT mentioned above, then follow the Decree 35/CP and guide of this circular.

II. To RESIDE, And OTHER ACTIVITY TRONGKHU BORDER, FRONTIER BELT 1. Residents in border areas.

a) in addition to those specified in point a, point c, paragraph 1 article 4 of the Decree 35/CP, who is the license for the residence in the border area specified in point b of paragraph 1 article 4 of the Decree 35/CP include:-those who came to build the new economy according to plan and the planning of border province people's Committee.

-The people who come to the border area to reunite with my family (parents, spouse or children) currently has permanent residence in the border area.

-Officers, workers, employees of the Agency, the economic base, the Organization, the armed forces units have collective household registration in the border areas, now retired, leaving the residence in the border area must then transfer the registered permanent residence under the provisions of the law.

People who are legally resident in the border area (having permanent residence in the border area) has been granted the identity of border, when relocation out of the border area are to the police where the level to change the identity paper and moved to a new residence of the household under the provisions of the law.

b) who come to do business, live in border areas before the Decree 35/CP in effect but not yet the license, yet household registration, the frontier police in collaboration with the communes, wards and towns, government departments in conducting inspection and review. If the eligible residence in the border area, the Guide and transfer to the new residence and to household registration under the provisions of the law.

Case they belong to an banned residents in the border area as prescribed in clause 2 article 4 of the Decree 35/CP, the border guard uniform with the police advised the Government to take measures in education, asked them to leave the border area.

2. Off, on, activities in the border areas.

a) Vietnam citizens out, on, activities in the border area made according to the provisions of article 6 of the Decree 35/CP. Those without identity papers must be due to the communes, wards, town of residence, in the paper must specify the residence, purpose, reason out , on travel activity in border areas. Papers must present when officers, soldiers, public security border guard communes, wards and towns border duty required. If the overnight, staying registered with police, communes shelter according to the regulations on registration and household management. Staying expired to leave the border area, if there is the need to save, they must come to where did sign staying to renewals.

b) foreigners out, on, activities in the border area must have the papers according to the provisions of article 7 of the Decree 35/CP, as to the location stated in the license to the frontier or to the Government premises and take the test, take control of the border guard, the police , local government.

Foreigners come in organized high level prescribed in clause 2 article 7 Decree 35/CP is the delegation from the Minister and equivalent levels back up to the border areas, the governing body must accompany officers election and notify the border guard, the police prefecture where to know at least 24 hours prior to arrival.


c) travel, activities, staying of the people in the border area adjacent to follow agreement on regulation and the border agreement between the two countries.

3. Off, on, reside, operate in the border belt.

a) Only those prescribed in article 4 paragraph 1 of the Decree 34/CP's new residence in the border belt; those not specified in clause 1 article 4 above when allowed to go back, works in the border belt have to comply with the provisions in Decree 35/CP, most of the time allowed to leave the border belt. In time, the border belt activity subjected to inspection, control and guidance of the border guard.

b) where time allows, the activities in the border belt but has not completed the work, if there are legitimate needs need to be saved then where have declared a temporary stay registration to renew the staying under regulations and inform the frontier in the know.

4. Activities in the areas of tourism, services, trade, the economy and other economic areas are open to the person's activities, means of Vietnam and foreign countries related to the border area to follow the Government's own rules for that area.

The activities related to border belt must follow the provisions of Decree 35/CP are the following: a) if the means of Vietnam (except those prescribed in article 4 paragraph 1 of the Decree 35/CP when going to the border belt have to comply with the provisions of article 6 Article 11, Decree 35/CP and must directly report frontier or the people's committees, if overnight must register staying under the provisions of the law and take the test, take control of the border guard, the police.

b) if the foreign media, when in the border belt have to comply with the provisions of article 7, article 11, Decree 35/CP. If go together with the Agency's organization, the Vietnam representative bodies, organizations that are responsible for papers, must directly report frontier or the people's committees in If overnight must register staying under the provisions of the law and take the test, take control of the border guard, the police.

5. Residential and social economic development and building works in the border areas.

a residential building), meeting point border market stations, anchor of the media type; construction of transportation, irrigation, hydropower, agriculture, forestry, enterprises, schools, camps, stations venture economic zone, tourism, services and other economic zones having regard to national borders must be planned and unified with the border guard command, the military command of the province The Public Security Directorate, before the competent bodies for approval.

b) the activities referred to in point a above to follow the provisions in Decree 35/CP, the other provisions of the law of Vietnam and the agreement on the regulation of border that Vietnam has signed with countries adjacent.

c) project implementation of the works referred to in point a of this section relating to national borders must notify the frontier and the district people's Committee in the know at least 7 days before you proceed.

III. Management, PROTECT The BORDER AREA 1. To manage, protect, security, safety, social order; fight against smuggling, commercial fraud; People's Committee reported the Prime Minister established the combined fixed checkpoints or roving in places where necessary on the axis road from inland, into the border area. Components including border guard, police, customs, market management, taxation.

a combined control station) the agencies perform tasks according to specialized functions. People's Committee appointed and chaired the Agency issued regulations to coordinate the operations of the Agency.

b) In combined checkpoint, border guard checking task execution, control over people, vehicles, operations in the border areas, tourism, services, trade, the economy and other economic zones according to function, the tasks of border guard was regulated.

c) officers, soldiers, active employees in the combined checkpoint have to wear the costume, wear badges, sea control as specified by each industry.

2. The Commander of the border guard base specific situation of each locality, directed border guard command, the province held fixed checkpoints to control the out on the perimeter border patrol teams, or control to control the border area.

3. To manage the national border guard, maintain security, safety and order in the border area as defined in paragraph 2 article 19 Decree 34/CP, border guard is entitled to restrict or halt back in the gate and the activities in the border belt, the border area as defined in the Decree 18/1998/ND-CP of June 7, 1998 by The Government detailing the implementation of a number of articles of the Ordinance on The border, 2953/circular 1998/TT-BQP on 12-9-1998 Department of Defense guidelines for implementing Decree No. 02/1998/ND-CP of the Government detailing the implementation of a number of articles of the Ordinance on The border and the international treaties on the border that Vietnam signed or joined.

4. the Commander of the border guard the base direction of the Commander of the border guard and the provincial people's Committee in collaboration with the Board of Directors of the public security, frontier Director coordinates with the police districts, the border town to conduct the test of residence, travel, operating in the border areas. Frequently exchanging the situation of security, order, the situation of the objects and the alien to the border area. Guide the people made the Declaration, registration temporarily staying, absence and executive rules stations when in the border areas.

5. In the area of border border guard coordinated, synergistic with the forces, the functional sectors to manage, protect, resources, the environment, national forest, prevent the violation of the law.

IV. IMPLEMENTATION 1. This circular effect after 15 days from the date of signing.

2. The provincial border guard command in coordination with the Department of Justice advised the Committee of Conference organization holds the content of the Decree 35/CP and the text passed to the levels in local industry, extensive popular propaganda to the masses of the people thoroughly consistent implementation.

3. The budget estimates to perform the management, protection of national borders, preserve peace, social security in land border areas of the Socialist Republic of Vietnam stipulates in article 25 of Decree 35/CP, Ministry of defence and the Ministry of Finance has separate circulars.

4. Border Guard command help the Defense Department to track, test, urging the implementation of Decree 35/CP and this circular. Conduct annual summary and report the results of implementation of the Department of Defense.