Luật Biên giới Quốc gia 2003

LAW

OF NATIONAL ASSEMBLY OF SOCIALIST REPUBLIC OF VIETNAM NO. 06/2003/QH11 DATED JUNE 17, 2003 ON NATIONAL BORDER

National border of the Socialist Republic of Vietnam is sacred and imprescriptible. Constructing, supervising and protecting the national border play a particularly vital role to the territorial integrity and national sovereignty; contribute towards stabilizing politics, enhancing socioeconomic development and strengthening national border defense and security.

In order to enhance state management on national border; and develop peaceful, friendly and long-lasting borders with neighboring countries;

Pursuant to Constitution of the Socialist Republic of Vietnam in 1992 and amendments thereto in Resolution No. 51/2001/QH10 dated December 25, 2001 in the 10th session of the 10th National Assembly;

This Law prescribing national border.

Chapter 1:

GENERAL PROVISIONS

Article 1

National border of the Socialist Republic of Vietnam refers to vertical lines and planes determined by such lines which are based on to determine boundary of land territory, island and archipelago territories, including Hoang Sa and Truong Sa archipelagoes, territorial waters, underground and airspace of the Socialist Republic of Vietnam.

Article 2

This Law provides for the national border; legal regime for national border; construction, management and defense of national border and border areas.

Legal regimes and regulations on management and defense of contiguous zone and exclusive economic zone of the Socialist Republic of Vietnam stipulated by the law of Vietnam is in accordance with the UN Convention on the Law of the Sea in 1982 and other international agreements to which Vietnam is a signatory.

Article 3

Organizations and individuals are responsible for implementation of this Law and other relevant law provisions; in case an international agreement to which Vietnam is a signatory specifies otherwise, such international agreement shall prevail.

Article 4

In this Law, terms below are construed as follows:

1. “Baseline” refers to dashed lines connecting chosen points locating at the lowest water level along the shoreline and islands close to shore which is determined and publicized by Government of the Socialist Republic of Vietnam.

2. “Contiguous zone” refers to the waters directly adjoining the outside of the territorial sea which extends 12 nautical miles.

3. “Exclusive economic zone” refers to the waters directly adjoining the outside of territorial sea and connecting with the territorial sea to form an area of waters stretching 200 nautical miles from the baseline, unless otherwise specified by international agreements between the Socialist Republic of Vietnam and other relevant countries.

4. “Continental shelf” refers to the bottom of the ocean and sub-soil included in natural extension of the continent beyond the territorial sea to the outer margin of the continent of which Vietnam is a coastal country reserving sovereign rights and jurisdiction identified according to the UN Convention on the Law of the Sea in 1982, unless otherwise specified by the Socialist Republic of Vietnam and other relevant countries.

5. “Border markers” refer to objects used to indicate land border.

6. “Border constructions” refer to constructions reinforcing the national borderline and construction serving the management and defense of national border.

7. “Border checkpoint” refers to where entry, exit, transit, import, export and crossing of national borders including border checkpoints on road, railway, internal waters, seaway and airway.

8. “Ships” refer to vehicles operating on or under water including ships, vessels and other motorized and non-motorized vehicles.

9. “Innocent passage within territorial sea” refers to foreign ships travelling within the territorial sea of Vietnam without infringing peace, security, order, environment and ecosystem of the Socialist Republic of Vietnam in accordance with regulations and law of Vietnam and UN Convention on the Law of the Sea in 1982.

10. “Aircrafts” refer to vehicles operating in the air including aeroplanes, gliders, airships and other flying vehicles.

Article 5

1. National border is identified by international agreements to which Vietnam is a signatory or stipulated by regulations and law of Vietnam.

2. Land borders are defined and designated using border marker system.

3. National border on sea is defined and designated using coordinates on nautical charts is the boundary beyond the territorial sea of land, islands and archipelagoes of Vietnam, and identified according to the UN Convention on the Law of the Sea in 1982 and international agreements between the Socialist Republic of Vietnam and relevant countries.

Borderlines beyond the contiguous zone, exclusive economic zone and continental shelf identify sovereign rights and jurisdiction of the Socialist Republic of Vietnam in accordance with the UN Convention on the Law of the Sea in 1982 and international agreements between the Socialist Republic of Vietnam and relevant countries.

4. National border under the ground is the vertical plane stretching downwardly from the land border and national border at sea.

Underground border at sea refers to the vertical plane stretching downwardly from the borderlines beyond the exclusive economic zone and continental shelf identifying sovereign rights and jurisdiction of the Socialist Republic of Vietnam in accordance with the UN Convention on the Law of the Sea in 1982 and international agreements between the Socialist Republic of Vietnam and relevant countries.

5. National border in the air is the vertical plane stretching upward from the land border and national border at sea.

Article 6

Border area includes:

1. Border area on land includes communes and townlets whose partial administrative division meets the land border;

2. Border area at sea is determined from the national border at sea to the inclusive administrative division of communes, wards and townlets adjoining the sea, islands and archipelagoes;

3. Border area in the air includes the space of 10 kilometers along the national border stretching inwards.

Article 7

Internal waters of Vietnam include:

1. Waters included within the baseline;

2. Port waters limited by lines connecting the furthest protruding points of regular constructions and equipment that are vital parts of the port systems.

Article 8

Historic waters are waters whose use, due to geographical conditions particularly important to the economy, national defense and security of Vietnam or of Vietnam and countries sharing the same management, utilization and use processes, is agreed upon by the Socialist Republic of Vietnam and relevant countries by signing international agreements.

Article 9

The territorial sea of Vietnam stretches 12 nautical miles outwards from the baseline. The territorial sea of Vietnam includes territorial sea of land, islands and archipelagoes.

Article 10

Construction, management and defense of national border, border areas are responsibilities of the people and shall be placed under joint management by the Government. The Government and the people shall coordinate socioeconomic development with national defense, security and diplomacy enhancement.

Article 11

The Socialist Republic of Vietnam shall develop peaceful, friendly and long-lasting borders with neighboring countries; take care of issues relating to the national border via negotiation on the basis of respect for independence, sovereignty, territorial integrity and righteous benefits of one another.

Article 12

The Government shall particularly prioritize total reinforcement of the border areas; improvement of physical and mental living conditions of inhabitants in the border areas; establishment of border constructions and development of primary and specialized forces to satisfy construction, management and defense requirements of national border in all circumstances.

Article 13

Vietnamese Fatherland Front and affiliated organizations within their tasks and powers must publicize and encourage the people to stringently comply with regulations and law on national border; supervise compliance with regulations and law on national border of organizations and individuals.

Article 14

Prohibited acts:

1. Displacement or vandalism of the border markers; falsification or deviation of the national borderline; deviation of natural flow of rivers or streams at the border; destruction of the border markers;

2. Disruption of social security, order and safety in the border areas; illegal residence or cultivation at the border areas; destruction of the border works;

3. Exhaustion of water resources, causing flood, environmental pollution, violating natural resources and national interest;

4. Illegal crossing at national border; smuggling or illegal trafficking of goods, money, weapons, drugs, dangerous substances, flammable substances or explosive substances across the national border; transport of harmful cultural products and other commodities prohibited by the Government from import or export across the national border;

5. Flying into no-fly zones; propelling, ejecting, releasing or carrying across the national border in the air flying vehicles, objects, substances that harm or potentially harm national defense, security, economy or health of inhabitants, environment, air safety and social order, safety in border areas;

6. Other acts violating regulations and law regarding national border.

Chapter 2:

LEGAL REGIME FOR NATIONAL BORDER AND BORDER AREAS

Article 15

1. The entry, exit, transit, export and import across the national border shall be conducted at the border checkpoint; the transit across the border to land territory, sea or sky must comply with regulations and law corresponding to road, railway, internal waters, seaway or airway; the crossing border of the inhabitants of the border areas shall be performed at the border checkpoint or locations authorized for cross-border transport.

2. Individuals, means of transports and goods crossing the national border must bring legal papers and subject to inspection and control of competent authorities as per the law.

Article 16

1. The opening of border checkpoint and locations authorized for cross-border transport, upgrade of border checkpoint, close of border checkpoint, determination of road, railway, internal waters, seaway and airway for transiting shall be decided by the Government in accordance with regulations and law of Vietnam or international agreements to which Vietnam is a signatory.

2. The entry and exit at the border checkpoint, temporary residence and other activities conducted in the vicinity of the border checkpoint must comply with regulations and law.

Article 17

1. A control area established at each border checkpoint to facilitate inspection, control and procedures such as entry, exit, transit, import and export of competent authorities as per the law.

2. The Government shall specify presiding authority to management and maintain security and order in the vicinity of the border checkpoint.

Article 18

Foreign ships upon exercising the right of innocent passage within the territorial sea of Vietnam must comply with regulations and law of Vietnam and international agreements to which Vietnam is a signatory; submarines and other submerged vehicles must resurface and erect national flags.

Article 19

1. Foreign ships running on nuclear power, ships carrying radioactive materials or other hazardous substances while exercising the right of innocent passage within the territorial sea of Vietnam must fully bring relevant documents and adopt special precautions according to regulations and law of Vietnam and international agreements to which Vietnam is a signatory.

2. Ships specified in Clause 1 of this Article while conducting other activities within the territorial sea of Vietnam must be approved by competent authorities of Vietnam and must adopt special precautions according to regulations and law of Vietnam and international agreements to which Vietnam is a signatory.

Article 20

Aircrafts may only cross the national border and airspace of Vietnam once approved by competent authorities of Vietnam, must comply with operation, control and instruction of Vietnam’s flight administration agencies, comply with regulations and law of Vietnam and international agreements to which Vietnam is a signatory.

Article 21

1. In case for the purpose of national defense, security or other particular reasons or at request of relevant countries, individuals, means of transport and goods can be restricted or suspended from crossing the national border including the innocent passage within the territorial sea of Vietnam.

2. The Government is capable of making decisions on the restriction and suspension specified in Clause 1 of this Article. The decisions on restriction or suspension must be informed to local governments and authorities of relevant countries.

Article 22

In case of accidents or other objective reasons requiring crossing the national border without complying with provisions set forth under this Law and other regulations and law of Vietnam, the vehicle operator must immediately inform the nearest agency in charge of port, national salvage and rescue agency, aviation administration agency or other competent agencies of Vietnam.

Article 23

Projects for constructions at border areas relating to the national border must be planned and approved by competent authorities; comply with regulations of the border areas and other regulations and law upon implementation, do not hinder the management and defense of national border.

Article 24

1. All activities relating to the national border taking place in tourism, service, commercial areas, economic zones of the border checkpoint and other economic zones within the border areas must comply with regulations of the border areas.

2. Regulations of the border areas shall be prescribed by the Government.

Chapter 3:

CONSTRUCTION, MANAGEMENT AND DEFENSE OF NATIONAL BODER AND BORDER AREA

Article 25

The Government shall develop strategies, planning and investment plans for construction of border area in order to totally strengthen politics, socioeconomic conditions, national defense and security; develop prioritize policies and assist inhabitants of the border areas.

Article 26

On a yearly basis, ministries, ministerial agencies, Governmental agencies, People’s Committee of provinces and central-affiliated cities within their tasks and power shall develop plans for construction investment of socioeconomic development projects, infrastructure construction projects, inhabitant adjustment project in border areas and border constructions and request the Government for approval.

Article 27

The Government shall prioritize establishment of border constructions and border markers to enable management and defense of national border.

Article 28

1. The Government shall develop all-people border defense force and reinforced all-people border defense formation to enable management and defense of national border.

2. The annual March 03 shall be “All-people border defense day”.

Article 29

1. The national border, border markers and border constructions must be stringently preserved, managed and protected.

2. Individuals discovering lost, damaged or displaced border markers leading to deviation of the national borderline or damaged border constructions must immediately inform Border Guards, local governments or the nearest agency.

Article 30

1. The restoration and repair of the border markers must comply with regulations and law of Vietnam and international agreements to which Vietnam is a signatory.

2. The handling of incidents relating the national border must comply with regulations and law of Vietnam and internal agreements to which Vietnam is a signatory.

Article 31

1. Construction, management and defense of national border and border area are responsibilities of the Government and the people, most importantly, the authorities and inhabitants at the border areas and people’s armed forces.

2. The Border Guard shall be the primary and specialized force cooperating with the People’s Public Security, relevant ministries and local governments in management and defense of national border, retaining social security, order and safety in border areas as per the law.

The Government shall develop the revolutionary, stand-by, elite, modernized, politically strengthened and specialized Border Guard.

Article 32

Forces protecting the national border may use weapons, combat gears, technical equipment and specialized vehicles as per the law.

Article 33

1. The Government shall develop preferential policies applicable to persons directly and persons encouraged in management and defense of the national border.

2. Individuals encouraged to participate in defense of the national border by the competent authorities and perished, injured or damaged in terms of health shall benefit from policies that apply to militia and self-defense forces participating in combat and serving combat.

3. Organizations and individuals whose vehicles and assets are mobilized by the competent authorities in necessary situations for defense of the national border and are damaged shall be compensated as per the law.

Article 34

1. On a yearly basis, the Government shall allocate reasonable budget portion to finance the construction, management and defense of the national border.

2. The financing sources for the construction, management and defense of the national border include:

a) State budget;

b) Other revenues as per the law.

3. The Government shall prescribe in details the management and use of the financing sources for the construction, management and defense of the national border.

Chapter 4:

STATE MANAGEMENT ON NATIONAL BORDER

Article 35

Contents of state management on national border include:

1. Develop and direct implementation of strategy and policies regarding the national border;

2. Promulgate and implement legislative documents regarding national border, policies and regimes regarding construction, management and defense of the national border;

3. Negotiate, sign and implement international agreements on national border;

4. Publicize, popularize and raise awareness regarding national border laws;

5. Decide to establish border constructions, socioeconomic constructions in border areas;

6. Conduct research, apply science and technology serving the construction, management and defense of the national border;

7. Develop primary and specialized force; train and improve expertise and operation regarding management and defense of the national border;

8. Inspect, examine and handle complaints, accusations and take actions against violations regarding national border;

9. Participate in international agreement on construction, management and defense of the national border.

Article 36

1. The Government shall perform joint state management on national border; specify tasks, powers and responsibilities for cooperation between ministries, ministerial agencies, People’s Committees of provinces and central-affiliated cities where the national border situated in order to implement state management on national border.

2. Ministry of National Defense shall take charge and cooperate with Ministry of Foreign Affairs and Ministry of Public Security to be responsible to the Government for implementation of state management on national border.

3. Ministries, ministerial agencies within their tasks and powers shall perform state management on national border.

Article 37

People’s Committees of all levels where the national border situated shall perform state management on national border as per the law.

Chapter 5:

COMMENDATION AND SANCTIONS

Article 38

Organizations and individuals with achievements in the construction, management and defense of the national border shall be commented as per the law.

Article 39

Organizations and individuals violating regulations and law on national border shall be disciplined, sanctioned or liable to criminal prosecution on a case-by-case basis; pay any damages as per the law.

Chapter 6:

IMPLEMENTATION PROVISIONS

Article 40

This Law comes into force from January 01, 2004.

Previous provisions conflicting with this Law are hereby annulled.

Article 41

The Government shall provide guidelines for implementation of this Law.

This Law is approved in the 3rd session of the 11th National Assembly of the Socialist Republic of Vietnam in June 17, 2003.

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