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THE STANDING
COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC
OF VIET NAM
Independence - Freedom Happiness
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No. 55/1997/L-CTN
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Hanoi ,
March 28, 1997
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ORDINANCE
ON BORDER GUARD
In order to build a strong border
guard, contributing to firmly safeguarding the sovereignty, territorial
integrity and security of the national border; in order to strengthen the state
management over the border guard;
Pursuant to the 1992
Constitution of the Socialist Republic of Vietnam;
Pursuant to the Law on Military Service Duty and the Law on the Vietnam
People’s Army Officers;
Pursuant to the Resolution of the IXth National Assembly, 8th session, on the
legislative program;
This Ordinance provides for the Border Guard.
Chapter I
GENERAL PROVISIONS
Article 1.- To
build and defend the national border is the task of the State of the Socialist
Republic of Vietnam and the obligation of the entire population.
The Border Guard is a people’s
armed force of the Party, the State of the Socialist Republic of Vietnam,
constitutes part of the Vietnam People’s Army, plays as a core and specializes
in managing and protecting the sovereignty, territorial integrity, security and
order of the national border on the land, islands and sea and at the border
gates according to its tasks prescribed by law and is a member force in the
defense areas of the border provinces and districts.
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The State shall build the Border
Guard into a revolutionary, regular, well-trained and step-by-step modernized
force.
Article 3.-
The Border Guard shall operate in accordance with the law of the Socialist
Republic of Vietnam and the international agreements on the sovereignty and
security of the national border on the land, islands and sea and at the border
gates, which the Socialist Republic of Vietnam has signed or acceded to.
Article 4.-
The State agencies, the Vietnam Fatherland Front and its member organizations,
the People’s Armed Force units, economic and social organizations and all
citizens shall have to build and safeguard the sovereignty and security of the
national border and contribute to building a strong Border Guard.
Chapter II
TASKS AND POWERS OF THE
BORDER GUARD
Article 5.-
The Border Guard shall have the tasks of managing and protecting the national
borderline, the system of national border markers; fighting and preventing all
acts of encroaching upon the border territory, illegally crossing the border on
the land and sea, illegally entering and residing in the country, stealthily
exploiting natural resources and other acts of infringing upon the national
sovereignty, interests, security and order, causing harms to the border
environment; assuming the main responsibility and coordinating with the
concerned branches and localities in managing and protecting the national
border and maintaining the security and social order and safety in the border
areas on the land, islands and sea and at the border gates.
Article 6.-
Within the scope of its tasks and powers prescribed by law, the Border Guard
shall organize the supervision of the implementation of the national border
legislation of the Socialist Republic of Vietnam, the international agreements
concerning the sovereignty and security in the national border on the land
areas, on islands and the sea which the Socialist Republic of Vietnam has
signed or acceded to; supervise the entry and exit through the border gates and
border-crossing paths.
At all the international border
gates (on roads, railways, waterways and airways) there shall be a force of the
Ministry of the Interior and a force of the Ministry of Defense (the Border
Guard) that perform the tasks according to their respective functions.
Within six months from the date
this Ordinance is promulgated, the Government shall base itself on the
provisions of this Ordinance and other provisions of law to issue documents
detailing the assignment of responsibilities and the coordination between the
Border Guard force under the Ministry of Defense and the entry and exit
management force under the Ministry of the Interior in controlling the entry
and exit activities at the international border gates.
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Article 8.-
The Border Guard shall coordinate with other units of the People’s Armed Forces
and rely on the people in building strong defense areas in the border provinces
and districts; stand ready for battle and combat against provocation of armed
conflicts and wars of aggression.
Article 9.-
The Border Guard shall have the task of struggling directly and in coordination
with the other units of the People’s Armed Forces, the functional branches of the
State, against smuggling, illegal transport of weapons, flammables, explosives,
toxic substances, narcotics, debauched cultural products, commodities banned
from export and import across the border on the land, islands and sea under the
provisions of law.
Article 10.-
The Border Guard shall have the task of disseminating the Party’s and State’s
ethnicity and religion policies among the people and mobilizing them to
implement these policies, taking part in the building of the political base, in
the economic, social, cultural and educational development and in the building
of a strong border defense of the entire people and a strong border battle
array of the entire people within the national defense battle array of the
entire people and the people’s security battle array at the border areas.
Article 11.-
The Border Guard shall be allowed to station its mobile force in the border
areas on the land, islands, sea and at the border gates; be equipped with and
use security measures, means, weapons, ammunitions, military techniques and
supportive instruments and erect constructions for protecting the national
border according to the requirements of its task.
Article 12.-
The Border Guard shall undertake criminal investigation activities in
accordance with the Penal Code, the Criminal Procedure Code and the Ordinance
on Organization of Criminal Investigation; handle administrative violations in
accordance with the Ordinance on the Handling of Administrative Violations.
Article 13.-
When fighting, hunting down or chasing criminals caught red-handed and wanted
persons, preventing criminal acts, rescuing persons in distress, the Border
Guard officers and soldiers shall be entitled to use information and
communication facilities and transport means, including their handlers, of the
State agencies, economic and social organizations and individuals; except those
of foreign agencies, organizations and individuals that are entitled to enjoy
privileges and immunities under the Vietnamese law. If the handler of the
mobilized means loses his/her life or health while performing the task, he/she
and his/her family shall enjoy the entitlement policy and regime as prescribed
by the State; if the means is damaged or lost, the agency or unit that uses it
must pay compensation in accordance with the provisions of law.
Article 14.-
In order to ensure the national security and safety for the people’s lives,
prevent the spreading of epidemics, the commander of the Border Guard shall,
according to his/her powers stipulated by the Government, be entitled to impose
restrictions or temporary bans on activities as well as border crossings in
certain areas, except otherwise provided for by law and shall have to
immediately report it to the competent level and be responsible before law for
such decisions.
Article 15.-
While performing its tasks prescribed by law, the Border Guard shall be
entitled to:
1. Directly chase and arrest
persons and means that have violated the law from the border into the inland;
coordinate with the other forces in hunting down and arresting law-breaking
persons who run away deep into the inland;
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Article 16.-
The Border Guard shall, as stipulated by the Government, be entitled to establish
relations and coordinate with the border defense forces and local
administrations of the adjoining countries in implementing the international
agreements concerning the border, building a border of peace and friendship;
fighting against and preventing all acts of harming the border relations
between the countries with the common border and of infringing upon the
sovereignty and territorial integrity of the Socialist Republic of Vietnam.
Article 17.-
Apart from the case of direct combat to defend the border, the Border Guard
officers and soldiers on duty shall be allowed to open fire in the following
cases:
1. In order to arrest a person
who has committed a crime act and is running away;
2. In order to arrest a person
who has committed a crime and is running away when he/she is under escort,
detention or in custody.
3. In order to protect a Border
Guard officer(s) or soldier(s) or citizen(s) whose life is directly threatened
by another person using a weapon of any kind.
The Border Guard officers and
soldiers shall be allowed to open fire straight at the target only after having
fired warning shots or used supportive instruments for preventive purpose but
in vain; they must render first aid to any injured person and make a report
together with the local authorities if there is any dead person.
Chapter III
ORGANIZATION OF THE BORDER
GUARD
Article 18.-
The organization of the Border Guard shall be stipulated by the Government.
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Article 19.-
The Border Guard is composed of officers, professional armymen,
non-commissioned officers, soldiers, defense workers and servants.
Article 20.-
The appointment, dismissal, nomination, promotion, demotion and stripping of
titles and ranks of the Border Guard shall be done as follows:
- For officers, the Law on the
Officers of the Vietnam People’s Army shall apply;
2. For professional armymen,
non-commissioned officers and soldiers, the Law on Military Service Duties
shall apply;
3. For defense workers and
servants, the provisions of the relevant law shall apply.
Article 21.-
The service duty regime of the Border Guard officers, professional armymen,
non-commissioned officers, soldiers, defense workers and servants shall comply
with the legal documents governing the Vietnam People’s Army and other relevant
legal documents.
Article 22.-
The military flag, signals, ranks, badges, pennants, arm-bands, duty plates, uniform
and identity cards of the officers, professional armymen, non-commissioned
officers, soldiers, defense workers and servants in the Border Guard shall be
stipulated by the Government at the proposal of the Minister of Defense.
Chapter IV
STATE MANAGEMENT OVER THE
BORDER GUARD
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1. To issue legal documents on
the border guard work and the Border Guard and guide the implementation
thereof.
2. To define the organizational,
direction and command system for the Border Guard;
3. To define and apply the
regimes and policies regarding the Border Guard;
4. To decide the budget for the
border guard work and the building of the Border Guard;
5. To supervise and inspect the
implementation of the legislation on the Border Guard;
6. To preliminarily review and
sum up the border guard work and the building of a border defense work of the
entire people.
Article 24.-
1. The Government shall exercise
the unified State management over the Border Guard.
2. The Ministry of Defense shall
assist the Government in exercising the State management over the building and
the activities of the Border Guard; assume the main responsibility and
coordinate with other Ministries, the ministerial-level agencies and agencies
attached to the Government, guide and direct the People’s Committees of the
provinces and the cities directly under the Central Government in the building
and the activities of the Border Guard.
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1. The Ministries, ministerial-level
agencies and agencies attached to the Government shall, within the scope of
their tasks and powers, have to coordinate with the Ministry of Defense in
exercising the State management over the building and safeguard of the national
border and the building of the Border Guard together with the task of economic,
social, cultural, educational and medical development with a view to building
strong border areas.
2. The Government shall issue a
regulation on the coordination between the Ministry of Defense and the Ministry
of the Interior in uniformly directing and guiding the Border Guard in
performing the task of protecting the security, social order and safety at the
border areas.
Article 26.-
The People’s Committees of the provinces and the cities directly under the
Central Government shall, within the scope of their tasks and powers, have to
perform the function of State management over the building and activities of
the Border Guard, direct the lower-level People’s Committees, the branches and
agencies at the same level in performing the tasks relating to the activities
of the Border Guard and contributing to the building of the Border Guard.
Article 27.-
The Vietnam Fatherland Front and its member organizations, and social
organizations shall have to educate and mobilize their individual members as
well as the entire people to take part together with the Border Guard in
protecting the sovereignty and security of the national border; supervise the
State management over the building and activities of the Border Guard as
prescribed in this Ordinance.
Chapter V
REGIME AND POLICY TOWARD THE
BORDER GUARD
Article 28.-
The regime and policy toward the officers, professional armymen,
non-commissioned officers, soldiers, defense workers and servants in the Border
Guard shall comply with the legal documents governing the Vietnam People’s Army
and the relevant legal documents.
Article 29.-
The State shall have the following preferential regimes and policies suitable
to the working characteristics and location of the Border Guard:
1. To invest in the construction
of infrastructure and ensure the material and spiritual life for the officers
and soldiers working at the Border Guard stations and posts and in mobile
units;
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3. To provide allowances for
Border Guard officers and soldiers who have worked for a long time in the
border areas and islands;
4. To issue the regime and
policy regarding the disabled, diseased and dead soldiers for the Border Guard
officers and soldiers who personally protect the border and islands in
especially difficult areas;
5. To issue the regime and
policy on rewards for the Border Guard officers and soldiers who have engaged
for a long time in protecting the border and islands;
6. To recruit young persons of
ethnic minorities and families that move from elsewhere to reside in the border
areas and islands for training and joining the Border Guard;
7. To issue the entitlement regime
and policy for the Border Guard officers and soldiers� families residing in the
border areas and islands and the entitlement policy for the Border Guard
officers’ and soldiers’ families living elsewhere.
The Government shall specify the
regimes and policies toward the Border Guard.
Chapter VI
REWARD AND HANDLING OF
VIOLATIONS
Article 30.-
The officers, professional armymen, non-commissioned officers, soldiers,
defense workers and servants of the Border Guard who have made meritorious
achievements in their work and combat shall be rewarded according to the common
regime of the State and the Vietnam People’s Army.
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Article 31.-
Any person who has made meritorious achievements in protecting the border and
assisting the Border Guard shall be rewarded according to the common regulation
of the State.
Any person who has committed
law-breaking acts in the protection of the border, obstructed the performance
of duties by the Border Guard shall be subject to administrative sanctions or
examined for penal liability, depending on the nature and seriousness of the
violation(s).
Chapter VII
IMPLEMENTATION PROVISIONS
Article 32.-
This Ordinance takes effect from the date of its promulgation.
The earlier provisions which are
contrary to this Ordinance are now annulled.
Article 33.-
The Government shall detail and guide the implementation of this Ordinance.
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