National Assembly delegates of Nghe An province contributed 3 contents to the Draft Law on Border Guard

Continuing the working session of the 9th session of the 14th National Assembly, this morning (June 19), the National Assembly discussed in the hall the Draft Law on Border Guard. The majority of delegates basically agreed with the necessity of promulgating the law, agreed with many contents of the draft and the Review Report of the National Defense and Security Committee.

Delegate Nguyen Thanh Hien - Deputy Head of the Provincial National Assembly Delegation spoke at the discussion session.

However, it also poses a huge requirement, which is to carefully research and fully evaluate to institutionalize and regulate major policies and guidelines on border protection tasks, ensuring consistency, unity and feasibility.

Participating in the discussion, delegate Nguyen Thanh Hien - Deputy Head of the Provincial National Assembly Delegation raised 3 issues of concern.

The first,Delegate Hien was concerned about the coordination in performing border defense tasks, at Points a and b, Clause 1, which is not clear in terms of regulations, and does not ensure the principle that one job is performed by many entities but is only chaired by one entity, because according to the provisions at Point a, the Ministry of National Defense presides over coordination with ministries, ministerial-level agencies, and provincial-level local authorities to carry out management and protection of the national border.

According to the provisions of Point b, ministries, ministerial-level agencies, provincial-level local authorities, and relevant organizations, within the scope of their tasks and powers, also preside over and coordinate with the Ministry of National Defense in performing border defense tasks. This provision leads to a conflict of principles, ensuring the centralized and unified management of Point b, Clause 2 of this Article.

Monday,Regarding the legal basis. In accordance with the provisions of the 2013 Constitution, the enforcement of the legal regime for the national border and border areas such as entry, exit, immigration, and border trade activities must be managed through the licensing, inspection, and control activities of specialized forces. This includes the border guard force, but this management activity is related to human rights and civil rights. If it is still implemented according to the provisions of the Border Guard Ordinance, it is not in accordance with the provisions of the Constitution. Accordingly, the organization of activities in the border field in general and the functions, tasks, powers, regimes, and policies for specialized border forces in particular must be stipulated in the Vietnam Border Law to ensure consistency in the system of legal documents related to the national border and border areas.

Tuesday,on practical basis. Studying the draft Law on Vietnam Border Guard, basically, the Government has included in the law all border guard activities that have been and are being implemented in practice, effectively, even in the recent difficult times, when the Covid-19 pandemic occurred, the coordination between border guards, police, customs, and quarantine was basically favorable, so the organization of the implementation of legal regimes in practice within the scope of regulation of the Draft Law on Vietnam Border Guard will ensure the transparency of the law, meeting the requirements of protecting sovereignty, territorial integrity and national security in the new situation.

The Law on National Borders and its implementing documents have stipulated the legal regime of national borders, the construction, management and protection of national borders and border areas. Thus, in the regulations as well as in practice, there have been some overlaps and conflicts between some regulations. Therefore, delegate Hien suggested that the Drafting Committee should study and comprehensively review current legal regulations to specifically define the scope of regulation of the Draft Law on Vietnam Border Guard with other laws, avoiding overlaps or omissions of social relations that have not been regulated.

After more than 20 working days, the 14th National Assembly has completed the entire agenda of the 9th session. This afternoon, the National Assembly closed the 9th session of the 14th National Assembly.