Thông Tư 179/2001/TT-BQP hướng dẫn Nghị định 34/2000/NĐ-CP về quy chế khu vực biên giới đất liền nước cộng hoà xã hội chủ nghĩa Việt Nam do Bộ Quốc phòng ban hành

CIRCULAR

GUIDING THE IMPLEMENTATION OF THE GOVERNMENT’S DECREE No. 34/2000/ND-CP OF AUGUST 18, 2000 ON THE REGULATION ON THE LAND BORDER AREAS OF THE SOCIALIST REPUBLIC OF VIETNAM

On August 18, 2000, the Government issued Decree No. 34/2000/ND-CP on the Regulation on the land border areas of the Socialist Republic of Vietnam (hereafter called Decree No. 34/CP for short), with its Article 26 prescribing: "The Ministry of Defense shall coordinate with the concerned ministries and branches in elaborating documents guiding the implementation of this Decree".After reaching agreement with the concerned ministries and branches, the Defense Ministry hereby provides specific implementation guidance as follows:

I. THE BORDER AREAS, BORDER BELTS AND RESTRICTED ZONES

1. Determination of the border areas, border belts and restricted zones

a/ Border areas

The land border areas defined in Clause 1, Article 2 of Decree No. 34/CP cover communes, wards and district townships with their administrative boundaries adjoining the national land borderline (hereinafter referred to as the border communes and specified in Appendix No. 1 to this Circular).

b/ Border belts

The determination of border belts shall be based on the defense, security, order and economic situation, terrain and the border management and protection requirements in each locality, for appropriate regulations.

In special cases where, due to the terrain and/or border management and protection requirements in certain areas, there must be prescriptions different from those at Point a, Clause 2, Article 2 of Decree No. 34/CP, the provincial Peoples Committees shall reach agreements with the Ministry of Defense and the Ministry of Public Security for reporting them to the Prime Minister for decision.

c/ Restricted zones

Within the border areas or at time when it is necessary to ensure the security, defense or economic interests, necessary or vital places shall be determined as restricted zones. Restricted zones may be established inside or outside the border belt of the border areas.

Restricted zones, which are under management by particular functional branches, shall be reported by such functional branches, after reaching agreements with the provincial Border-Guard Command, the provincial Military Command and the provincial Police Directorate, to the provincial Peoples Committees for subsequent submission thereof to the Government for decision.

Restricted zones shall be managed and protected according to the current law provisions as well as the management and protection regulations promulgated by the restricted zone-deciding bodies.

When a restricted zone is determined, if the inhabitants must be relocated therefrom, an advance notice must be given and the compensation therefor must be made according to the provisions of law.

d/ Basing itself on the practical situation of each locality, the Border-Guard Command shall assume the prime responsibility and coordinate with the provincial Police Directorate, the provincial Military Command, the provincial Border Committee and the functional branches in advising the provincial Peoples Committee on reaching agreement with the Ministry of Defense and the Ministry of Public Security on determining the scope of "border belt" and/or "restricted zone", and report them to the Government.

Each decision determining a "border belt" or "restricted zone" must be made into a dossier, with maps and boundaries thereof marked by signboards put up a field.

2. The "border area", "border belt" and "restricted zone" signboards shall be made according to the uniform model, of mark-200 reinforced concrete, and put up at necessary places easy to spot. Each signboard must be inscribed with 3 lines in 3 languages: the first line is in Vietnamese, the second line in the language of the country bordering Vietnam and the third line in English. The specifications and size of signboards and types of letters to be inscribed thereon are prescribed in Appendices to this Circular (not printed herein).

3. The Border-Guard Command shall coordinate with the provincial Police Directorate, the provincial Military Command, the provincial Border Committee and other functional branches in advising the provincial Peoples Committee on:

a/ Resurveying the "border belts" and "restricted zones" and the places where signboards are put up, which have already been determined according to Decree No. 427/HDBT of December 12, 1990 of the Council of Ministers promulgating the Regulation on Vietnam-Laos border areas, Decree No. 42/HDBT of January 29, 1992 of the Council of Ministers promulgating the Regulation on Vietnam-Cambodia border areas and Decree No. 99/HDBT of March 27, 1992 of the Council of Ministers promulgating the Regulation on Vietnam-China border areas. Any provisions of the above-said Decrees which are still consistent with Decree No. 34/CP and this Circulars guidance shall be kept intact, while those which are inconsistent shall be readjusted according to Decree No. 34/CP and this Circulars guidance.

b/ Those places, which were previously not determined as "border belts" or "restricted zones" under above-said Decrees No. 427/HDBT, 42/HDBT and 99/HDBT, shall comply with Decree No. 34/CP and this Circulars guidance.

II. RESIDENCE, TRAVEL AND OTHER ACTIVITIES IN THE BORDER AREAS AND BORDER BELTS

1. Residence in the border areas:

a/ Besides persons specified at Points a and c, Clause 1, Article 4 of Decree No. 34/CP, those who are granted by the provincial police offices the permits to reside in the border areas specified at Point b, Clause 1, Article 4 of Decree No. 34/CP shall include:

- Those who have come to build new economic zones under plans and planning of the border provinces Peoples Committees;

- Those who have entered the border areas for reunion with their families (parents, spouses or children) currently having the permanent residence registrations in such border areas.

- Officials, workers and public employees of agencies, economic establishments, organizations and armed force units, who have already made collective residence registrations in the border areas, are now retired or released from work and wish to stay and reside in such border areas, shall have to transfer their permanent residence registrations thereto according to the provisions of law.

Those who are lawfully residing in the border areas (with permanent residence registrations in such border areas) and have been granted border peoples identity cards, when moving to new places, shall have to come to the police offices that have granted their peoples identity cards to have them renewed and transfer their permanent residence registrations to the new places of residence according to the provisions of law.

b/ Those who had come to reside and earn their livelihood in the border areas before the effective date of Decree No. 34/CP, but have neither yet been granted permits by the provincial police offices nor made permanent residence registrations, shall be inspected and considered by the border-guard stations in coordination with the police offices of communes, wards or district townships and local administrations. If they satisfy all the prescribed conditions for residence in the border areas, they shall be guided to carry out the procedures for moving to new places of residence and made residence registrations according to the provisions of law.

In cases where they are banned from residing in the border areas as prescribed in Clause 2, Article 4 of Decree No. 34/CP, the border-guards shall reach agreements with police offices on advising the local administrations to apply measures to educate, persuade and request them to leave the border areas.

2. Leaving, entering and conducting activities in the border areas

a/ Vietnamese citizens who leave, enter or conduct activities in the border areas shall comply with the provisions of Article 6 of Decree No. 34/CP. Those who have no peoples identity cards must hold papers granted by the police offices of communes, wards or district townships where they reside, clearly stating their places of residence, purposes of and/or reasons for entering, leaving, traveling or conducting activities in the border areas. They shall have to produce such papers when so requested by officers and men of the border-guards or polices of border communes, wards or district townships, who are on duty. If they stay there overnight, they shall have to present themselves and make temporary residence registrations with the police offices of wards, communes or district townships where they intend to temporarily reside strictly according to the regulations on residence registration and management. When the temporary residence duration expires, they shall have to leave the border areas. If they wish to continue staying there, they shall have to come to the temporary residence registration places to apply for the extension thereof.

b/ Foreigners who leave, enter or conduct activities in the border areas must have papers prescribed in Article 7 of Decree No. 34/CP, and upon arriving at places inscribed in their permits, shall have to present themselves to the border-guard stations or local administrations and submit to the inspection and control by the border-guards, polices and local administrations.

When foreigners, who are members of high-level delegations as prescribed in Clause 2, Article 7 of Decree No. 34/CP, which are of ministerial and equivalent or higher level, arrive at the border areas, the host agencies shall have to send their cadres to accompany the delegations and notify the border-guards or provincial police offices at least 24 hours before their arrival.

c/ The travel, activities and temporary residence of people in the border areas between the two bordering countries shall comply with the Treaty on the Border Regulation and agreements between the two countries.

3. Entering, leaving and activities in the border belts

a/ Only persons specified in Clause 1, Article 4 of Decree No. 34/CP shall be allowed to reside in the border belts. Those who are not subjects specified in above-said Clause 1, Article 4, when permitted to travel and/or conduct activities in the border belts, shall have to comply with the provisions of Decree No. 34/CP and leave the border belts upon the expiry of permitted duration. During their travels and/or activities in the border belts, they shall have to submit to the inspection, control and guidance by the border-guards.

b/ In cases where the permitted duration for traveling or conducting activities in the border belts has expired but such persons have not yet completed their work and therefore wish to stay there, they shall have to register for extension of their temporary residence at the places where they made temporary residence registration according to the regulations and notify such to the local border-guard stations.

4. All activities in tourist, service, commercial, border-gate economic zones or other economic zones, which are open to activities of Vietnamese and foreign people and means related to the border areas, shall comply with the Governments separate regulations on such zones.

Activities related to the border belts shall have to comply with the provisions of Decree No. 34/CP as follows:

a/ Vietnamese people (except for those specified in Clause 1, Article 4 of Decree No. 34/CP) and means, when entering the border belts, shall have to comply with the provisions of Articles 6 and 11 of Decree No. 34/CP and present themselves to the local border-guard stations or Peoples Committees. If they stay overnight, they shall have to make temporary residence registration and submit to the inspection and control by the border-guards or polices.

b/ Foreign people and means that enter the border belts shall comply with the provisions of Articles 7 and 11 of Decree No. 34/CP. If they are accompanied by personnel of Vietnamese agencies or organizations, such agencies or organizations representatives shall have to produce papers, directly present themselves to the local border-guard stations or Peoples Committees. If they stay there overnight, they shall have to make temporary residence registration according to the provisions of law and submit to the inspection and control by the border-guards or polices.

5. Population planning and activities of socio-economic development and construction of works in the border areas

a/ The construction of population quarters, border market places, wharves and yards for anchoring and parking by various kinds of transport means; and the construction of traffic, irrigation and hydroelectric power works, enterprises, agricultural and forestry farms, stations, plantations, joint-venture economic zones, tourist and service areas and other economic zones related to the national borderlines must be planned with consents of the provincial Border-Guard Command, the provincial Military Command and the provincial Police Directorate before being submitted to the competent bodies for approval.

b/ Activities specified at Point a above shall be conducted according to the provisions of Decree No. 34/CP, other relevant provisions of Vietnamese laws and the treaties on border regulations which Vietnam has signed with bordering countries.

c/ Owners of projects for construction of works specified at Point a of this Section and related to the national borderlines shall have to notify the border-guard stations and Peoples Committees of the local districts of such works construction at least 7 days before the construction commences.

III. MANAGEMENT AND PROTECTION OF THE BORDER AREAS

1. To manage and protect social security, order and safety and combat smuggling and trade frauds, the provincial Peoples Committee shall propose the Prime Minister to set up fixed or mobile joint control stations at necessary places on traffic routes linking the inland with the border areas. Each joint control station shall be composed of border-guard, police, customs, market control and tax forces.

a/ At joint control stations, the involved bodies shall perform their tasks according to their respective specialized functions. The provincial Peoples Committees shall designate the body in prime charge and promulgate regulations on coordination of operations of such bodies.

b/ At joint control stations, the border-guards shall perform the tasks of inspecting and controlling people and transport means entering, leaving or conducting activities in border areas; tourist, service, commercial and border-gate economic zones and other economic zones according to the border-guards functions and tasks prescribed by law.

c/ Officers, men and employees working at joint control stations must wear uniforms, badges and control signboards as prescribed for each branch.

2. The Border-Guard Command shall base itself on the concrete situation of each locality to direct border-guard commands of the border provinces to organize fixed checkpoints to control the entry into and exit from the border belt or mobile patrol or control teams to control the entry into and exit from the border areas.

3. To manage and protect the national border, maintain security, order and safety in the border areas according to the provisions of Clause 2, Article 19 of Decree No. 34/CP, the border-guards shall have the right to restrict or temporarily suspend the travels across the border-gates and activities in the border belts or the border areas according to the provisions of the Governments Decree No. 02/1998/ND-CP of January 6, 1998 detailing the implementation of a number of articles of the Ordinance on Border Guards, the Ministry of Defenses Circular No. 2866/1998/TT-BQP of September 12, 1998 guiding the implementation of the Governments Decree No. 02/1998/ND-CP detailing the implementation of a number of articles of the Ordinance on Border Guards and the international treaties on borders which Vietnam has signed or acceded to.

4. The provincial border-guard commanders, following the directions of the Border-Guard Command, and the provincial Peoples Committees, coordinating with the provincial Police Directorate, shall direct border-guard stations to coordinate with police offices of border districts and provincial towns in inspecting the residence, travel and activities in the border areas; regularly exchange information on security and order situation, situation on arrival in the border areas by various subjects and foreigners; and guide people in carrying out the declaration and registration of temporary residence and temporary absence, and observing internal rules of wharves and yards when they enter the border areas.

5. In the border areas, the border-guards shall coordinate and join their efforts with other forces and functional branches in managing and protecting national natural resources, environment and forests, and preventing law-breaking acts.

IV. ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect 15 days after its signing.

2. The provincial Border-Guard Commands shall coordinate with the provincial Justice Services in proposing the provincial Peoples Committees to organize conferences for publicizing the contents of Decree No. 34/CP and its guiding documents to all local authorities and branches for thorough understanding them, and propagating and disseminating them to the population for thorough awareness and uniform implementation thereof.

3. Regarding the elaboration of budget estimates for the management and protection of the national border and the maintenance of social security, order and safety in the land border areas of the Socialist Republic of Vietnam according to the provisions of Article 25 of Decree No. 34/CP, the Ministry of Defense and the Ministry of Finance shall issue separate guiding circulars.

4. The Border-Guard Command shall assist the Ministry of Defense in monitoring, urging and inspecting the implementation of Decree No. 34/CP and this Circular. Annually, it shall make preliminary reviews and report on the implementation results to the Ministry of Defense.

APPENDIX 1

LIST OF COMMUNES, WARDS AND DISTRICT TOWNSHIPS BELONGING TO THE LAND BORDER AREA OF THE SOCIALIST REPUBLIC OF VIETNAM(Issued together with Circular No. 179/2001/TT-BQP of January 22, 2001)

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