Building the Vietnam Border Law to meet the requirements of tasks in the new situation

Attending and directing the conference were comrade Truong Hoa Binh - Politburo member, Permanent Deputy Prime Minister; Senior Lieutenant General Phan Van Giang - Party Central Committee member, Standing Member of the Central Military Commission, Chief of the General Staff, Deputy Minister of National Defense chaired the conference.

At Nghe An bridge, comrade Dinh Viet Hong - Vice Chairman of the Provincial People's Committee chaired the bridge. Attending the conference were also representatives of departments, branches, sectors, coastal border districts and towns of the province; Border Guard units on the two border lines.

Panorama of the Conference at Nghe An bridge. Photo: Hung Phong

The Border Guard Ordinance was passed by the Standing Committee of the 9th National Assembly on March 28, 1997, effective from April 7, 1997. After 20 years of implementation, the Ordinance is an important legal basis for ministries, branches, provinces and cities with borders and the Border Guard force to properly perform the functions, tasks and powers prescribed in the Ordinance. Thereby, well performing the task of managing and protecting national sovereignty and border security; maintaining political security, social order and safety in border areas, contributing to promoting economic, cultural and social development, building a peaceful, friendly, cooperative and developed border.

In Nghe An, in recent years, the Party Committee, government, people and armed forces of the province have thoroughly grasped the Resolution of the 8th Central Committee (9th Session) on "Homeland Protection Strategy in the New Situation"; Laws of the National Assembly, Decrees, Directives of the Government and Circulars and instructions of the Ministry of National Defense, Ministry of Public Security, Ministry of Foreign Affairs... related to the Border Guard Ordinance. Thereby, mobilizing the strength of the entire political system and the entire population to participate in protecting sovereignty, territory, security and order (ANTT) in border areas (KVBG).

In particular, the activities of village-hamlet twinning; border posts - stations on both sides of the land border between Nghe An province, Socialist Republic of Vietnam and the provinces of Hua Phan, Xieng Khouang, Bolikhamxay of Lao PDR. Up to now, there have been 19 pairs of villages; 8 border posts of Nghe An province have been twinned with 7 Border Companies, 1 Police station of Laos; the twinning activities have been put into operation effectively. Up to now, the majority of people in the border area have a good awareness of territorial sovereignty, are responsible for protecting the border and denouncing crimes.

Along with that, the work of fighting crime, maintaining national borders and social order and safety of the provincial Border Guard has achieved many important results.

Nghe An Border Guard coordinates with local militia to protect border security and sovereignty. Photo: Hung Phong

However, after 20 years of implementation, the Ordinance still reveals shortcomings and limitations such as: From 1997 to present, the Party has issued many new policies, viewpoints and thinking on protecting the Fatherland, managing and protecting the national border and building the people's armed forces such as: "Strategy for protecting the Fatherland in the new situation", "Strategy for sustainable development of Vietnam's marine economy to 2030, vision to 2045", "Strategy for protecting the national border"... The Border Guard Ordinance has not yet fully and promptly institutionalized those policies, viewpoints and thinking.

On the other hand, the Border Guard Ordinance has not yet legalized the State's policies on Border Guard tasks and measures; financial mechanisms and forms of management and protection of the national border; has not yet legalized the organization of specialized forces, core forces in performing Border Guard tasks and State management of Border Guard work; has not yet legalized regulations restricting human rights and citizens' rights according to the provisions of the 2013 Constitution, because the Ordinance has provisions affecting and restricting human rights and citizens' rights according to the provisions of the Constitution, these contents need to be regulated in the Law.

Nghe An Border Guard takes care to build its force to ensure the successful completion of all assigned tasks. Photo: Hung Phong

In addition, the Border Guard Ordinance was issued in 1997, so its form and structure are not consistent with the Law on Promulgation of Legal Documents 2015; the content and some terms in the Border Guard Ordinance are no longer consistent with the terms in related specialized legal documents, such as the Penal Code, Criminal Procedure Code, Law on National Defense, etc.

Concluding the conference, Senior Lieutenant General Phan Van Giang emphasized: In the coming time, the Ministry of National Defense will propose to the competent authority to build the Border Guard force into the Border Guard Service; Propose that the National Assembly include it in the program to build the Border Law to replace the current Ordinance, to be consistent with the strategic position, functions, and tasks of building, managing, and protecting the sovereignty and border security of the Border Guard force.

On this occasion, the Prime Minister awarded a Certificate of Merit to 1 individual, and the Ministry of National Defense awarded a Certificate of Merit to 1 collective of Nghe An province with outstanding achievements in implementing the Border Guard Ordinance.