Snap Shot

Agreement on regulation on border between the Socialist Republic of Vietnam and the People’s Republic of Cambodia
10:23, Thứ Sáu, 9/12/2011
The Government of the Socialist Republic of Vietnam and the People’s Republic of Cambodia;


based on the Treaty of Peace, Friendship and Cooperation between the Socialist Republic of Vietnam and the People’s Republic of Cambodia signed on February 18, 1979;

with the wish of building the border line of lasting peace and friendship between the two countries on the basis of respect of independence, sovereignty and territorial integrity of each country, conforming to the special relationship between Vietnam and Cambodia in order to intensify the safeguard of security in the border area between the two countries;

have agreed on the following points:

I. BORDER LINE AND BORDER AREA

Article 1.-

Until it has been officially planned, the national border between the Socialist Republic of Vietnam and the People’s Republic of Cambodia is the present border line reflected on the map of a scale of 1/100,000 of the Geographical Office of Indochina used before 1954 or circa 1954 as provided in Article 1 of the Treaty on principles to settle the border issue between the Socialist Republic of Vietnam and the People’s Republic of Cambodia signed on July 20, 1983.

Article 2.-

The national border line between the two countries must be respected. All the border markers must be safeguarded. The removal or damage of border markers must be banned.

Article 3.-

The two sides have agreed to set up in each side an area called the border area that comprises communes or equivalent administrative units with a boundary clashed with the national border between Vietnam and Cambodia with a view to making the traveling across the border of the inhabitants on either side of the border more convenient, thus meeting their legitimate daily requirements and guaranteeing security for each border area and each country.

The two sides shall keep each other informed of the list of communes or equivalent administrative units clearly stated as belonging to certain district or province.

II. MANAGEMENT OF BORDER AREA

Article 4.-

a/ Inhabitants of each side are allowed to reside in the border area as mentioned in Article 3 of this Agreement, from 15 years of age and older, granted with a border ID by the authorized administration of their countries with a special sign agreed upon by the two sides in order to make a difference between them and those inhabiting outside the border area.

b/ The bad elements detrimental to the maintenance of political security, social and economic order in the border area are not allowed to reside in the border area.

Article 5.-

a/ The inhabitants in the border area of this side are allowed to cross the border area of the other side to trade and exchange goods necessary for daily life and for production, visits of their relatives, for watching films and art performances and so on.

b/The two sides shall provide the lists and quantities of the items of goods the inhabitants of the border area of this side are allowed to bring along to the border area of the other side as mentioned in Clause a of this Article. These items of goods are exempted from having licenses and taxation.

c/ The items of goods mentioned in Clauses a and b of this Article are allowed to be traded in markets opened by the administration of each side in the border area and shall have to observe the law of each side.

Article 6.-

a/ The inhabitants in this border area are not allowed to cross the border area of the other side to reside, build houses, do the farming, exploit forest products, hunting, grazing buffalos and cows, raising poultry and fishing, except for the case that they are allowed by the administrations of the two sides from the district level and higher. As for the case when they move to reside in the border area of the other side at variance with this stipulation after this Agreement takes effect, they must dismantle their houses and return to their own country within 6 months.

b/ As for the case when they are carrying out their production in the border area of the other side after this Agreement takes effect and they not allowed to continue it any more, if it is crops and perennial trees which are yet to be harvested in time, they are allowed to continue to cross the border to tend the plants until the harvest time and they are allowed to do it after that harvest. As for the perennial trees, it is only one year after this Agreement takes effect at the latest, they must transfer it to the local administration and the local administration shall have to consider the compensation to them in accordance with the agreed prices.

c/ During the above-said production in the border area of the other side, the inhabitants must observe the law of the other side.

Article 7.-

As for the honest people of this side of the border who have resided in the border area of the other side for a long time before the Agreement takes effect, if they respect the law and customs of the local country, the local administration shall create conditions to them to continue their living there. As for the bad elements and dishonest people, they are not allowed to enjoy this Article.

Article 8.-

a/ In the areas where the border line runs in the middle of rivers, streams, canals, the inhabitants in the border area of the two sides are allowed to use the water of these rivers, streams and canals for their daily life, they are allowed to catch fish and shrimps and boats are allowed to travel normally, but they are not allowed to go to the banks of the other side, except for the case when there is an accident and then the two sides shall help the victims.

b/ In rivers, streams and canals that belong to one side because of the fact that the border line runs on one bank only, the inhabitants of the border area of the other side are still allowed to use the water of these rivers, streams and canals for their daily life and boats are allowed to travel normally, but they are not allowed to catch fish and shrimps in these rivers, streams and canals, except for the case when they are allowed by the administrations of the two sides from the district level and higher and they shall have to respect sovereignty and law of the country which has sovereignty over these rivers, streams and canals.

c/ The inhabitants on the two sides of the border are allowed to build the small water resource projects on border rivers, streams and canals. Before the construction, the district-level administration of the side which has a plan to build that project shall have to discuss and get the agreement of the district-level administration of the other side in order to guarantee the interests of the two sides and it must not change the current.

The construction of medium- and large-sized water resource works on rivers, streams and canals must be implemented through the discussion of the province-level administration and reported to the Governments of the two sides for decision.

Article 9.-

a/ The two sides shall take measures to protect forests and plants on the two sides of the border.

b/ Once one side is inflicted by insects that destroy crops and plants or by forest fires, this side shall have to quickly wipe out insects and put out the forest fires, at the same time keep the administration of the other side informed of it so that timely measures can be taken for safeguarding. If requested, the other side shall give active and timely support with all of its capabilities.

Article 10.-

a/ When there is a human or animal epidemic in each side, this side shall have to take protective measures to combat it in time, at the same time keep the local administration of the other side informed of it. If requested, the other side shall give active and timely support with all of its capabilities.

b/ During the human or animal epidemic in the border area, it is necessary to temporarily stop the traveling of the inhabitants of the nearby border areas of the two sides and stop trading activities and movement of animals in these border areas as well as the nearby areas. The above-said temporary stop shall be decided by the province-level administration.

Article 11.-

When there is any person who is sick or victimized in an accident and needs an emergency treatment, the inhabitants in the border area of this side shall keep possibly direct contact to the nearest-by health centre of the other side, requesting for help, at the same time keep the administration of its side informed of it so as to be able to process any necessary procedures with the administration of the other side.

III. CONTROL OF TRAVELING IN BORDER

Article 12.-

a/ The two sides agree to open 8 border gates on the following roads and river ways:

VIETNAM                                        CAMBODIA
                          Road No. 19:

Lệ Thanh                                         Andong Pech
                          Road No. 14:

Bu Pờ-rang                                         Ô-reng
                          Road No. 13:

Bo Nuê                                               Xnun

Road No. 22B:                                 Road No. 7:

Xa Mách                                     Torapeng Phlong

Road No. 22A:                                 Road No. 1:

Mộc Bài                                               Bavet   

                            Road No. 2:

Tịnh Biên                                        Phnong Don

                           Road No. 17:

Xà Xía                                                    Lốc


The Cửu Long river                    The Mekong river:
(the Tiền river):       

Vĩnh Xương-Thường Phước    Caom Samno-Côc Roca

b/ The two sides shall set up the control stations at the main border gates to take charge of controlling people, baggage, goods and transport facilities across the border in accordance with the stipulations of this Agreement, or the other related agreements of the two countries and the relevant laws of each country.

c/ In the areas far from the border gates as mentioned in Clause a, this Article, the province-level administration of the two sides can come to an agreement to open other auxiliary border gates on the paths or trails to facilitate the traveling of the border inhabitants.

d/ The control of traveling across the border at the auxiliary border gates shall be in the charge of the border guard units.

Article 13.-

People, officials, soldiers and goods of the two countries traveling across the border shall have to observe the following stipulations:

a/ Officials, employers and workers of different sectors, including soldiers of each sides, traveling in groups or by individuals across the border for the reason of business or friendly visits, study, medical treatments or other reasons, including the overseas people of the two sides, shall have to carry their passports or papers of passport value granted by the Foreign Ministry of their own country.

b/ Officials, employers and workers of different sectors and provinces which are not border provinces of each country, traveling in groups or by individuals, across the border to carry out their tasks assigned by the sectors and levels with the agreement of the two sides shall have to carry the ID cards supplied by the authorized agencies under the Internal Affairs Ministry or the Foreign Ministry of each country.

c/ The army units or soldiers of each side traveling separately across the border to carry out their tasks agreed upon by the Defense Ministries of the two countries shall have to produce their introduction papers supplied by the authorized military office pinpointed by the Defense Ministries of the two countries.

d/ Officials, employers and workers of the border provinces of this country traveling in groups or by individuals across the border provinces of the other side to carry out the tasks or make friendly visits shall have to carry the border ID cards supplied by the provincial authorities of each country. The above-said ID card shall be valid with the said border province.

e/ People of each country traveling across the border for their private affairs such as visits to their relatives, exhumation of graves, shall have the passport-like papers supplied by the authorized agency under the Internal Affairs Ministry or the Foreign Ministry of each country.

f/ The people of border area of this side traveling across the border area of the other side in accordance with Clause a, Article 5 of this Agreement shall have the border ID cards. If they want to stay in the border area longer than 3 days, they shall have to produce the permit supplied by the communal administration or the nearest-by border guard unit of their side. They shall have to produce the border ID cards or these permits, if any, supplied by the communal administration of the place they arrive in accordance with Article 15-b below.

g/ Sailors of the ships of this side traveling across the territory of the other side shall have to carry their sailor’s cards.

h/ Goods of all kinds traveling across the border (except for the military goods) shall have to produce their certificates of the agencies which have these items of goods and shall have to observe all the rules and regulations of the customs house, quarantine and other related rules of each side.

Article 14.-

The two sides shall agree on the sample of the border ID card as mentioned in Article 13 of this Agreement and keep each other informed of the signature and seal samples of each side. The border ID card shall be written in Vietnamese and Khmer.

When each side has a change in signature and seal, they shall have to keep the other side informed of the new signature and seal samples 30 days in advance so that the control stations of border gates, border guard garrisons and the communal administrations in the border area can be able to know it.

Article 15.-

The control over the traveling across the border is stipulated as follows:

a/ People, luggage, goods, transport facilities of the two sides across the border between the two countries must carry all the papers as stipulated in Article 13 of this Agreement, must travel across the border gate written in the papers, must produce the papers to the control point at the registered border gate and must go through necessary examinations.

In case when people, luggage, goods and transport facilities have not any necessary papers, or if any not enough, they shall not be allowed to cross the border.

b/ People living in the border area far from the main border gate can possibly travel across the border through the auxiliary border gate. When they cross the border, they must produce their papers to the border guard garrison or station which is in charge of control there. Where there is no control point or border guard garrison, they must produce their border ID cards to the communal authorities of where they arrive. If their stay in the border area of the other side is longer than three days, they must produce the permits as mentioned in Clause f of Article 13 of this Agreement.

c/ Those people who are not Vietnamese citizens and Cambodian citizens want to travel across the border between the two countries, they are allowed to cross the border gate on Highway 22.A on the part of Vietnam or Highway 1 on the part of Cambodia, on the Cửu Long river (the Tiền river) on the part of Vietnam or on the Mekong river on the part of Cambodia and they must go through the examination of the control stations in these places.

Article 16.-

The two sides intensify their cooperation to maintain the general order and security in the border area of the two countries.

a/ When one side discovers the operations of commandos, spies, the remnants of the old regime and other bad elements, it must keep the other side informed in time of it and coordinate efforts to oppose it if necessary.

b/ In case when a citizen of this country violates the law of the other country (property robbery, acts of assault, smuggling and so on), the local administration must take timely action to arrest and record the minutes and then hand that citizen and material evidences over to the administration of the other side for handling.

IV. GENERAL PROVISION

Article 17.-

When there is any dispute in the border, the local administrations of the two sides shall depend on the degree of it to meet with each other in time to discuss on the settlement in the spirit of special friendship and relations between the two countries. In case there is the dispute over territory, the local administration of each side shall have to report to their own government for settlement. While waiting, the two sides try to keep the normal relation without complicating further the situation.

Article 18.-

The branches relating to the safeguarding of border security and the administration of the border provinces of each side need to meet with each other to discuss the measures to implement this Agreement.

Article 19.-

a/ This Agreement is valid within 5 years since the Agreement on principles to settle the border issue between the Socialist Republic of Vietnam and the People’s Republic of Cambodia signed on July 20, 1993 has taken effect.

Three months before it expires, if neither side has any wish to annul the Agreement, this Agreement shall in effect be extended for another five years.

b/ This Agreement may be added or amended as agreed upon by the two signing parties.

Done in Phnom Penh on July 20, 1983 in two copies in Vietnamese and Khmer and the two copies are of similar value.

On behalf of the Government of                 On behalf of the Government of      
the Socialist Republic of Vietnam          the People’s Republic of Cambodia


Nguyễn Cơ Thạch                                                      Hun Xen
Foreign Minister of the Socialist                 Foreign Minister of the People’s
Republic of Vietnam (signed)                      Republic of Cambodia (signed)

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