Proposal to add border guard stations to receive information declarations at Vietnam's borders with neighboring countries

Recently, the National Assembly discussed the draft Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam. One of the contents that the delegates were interested in was the proposal to add border guard stations in border areas as agencies to receive information on temporary residence declarations and violations of foreigners.

The National Assembly discussed the draft Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam. Photo: Internet.

Basically agreeing with the content of the draft Law amending the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam, delegate Hoang Huu Chien ( An Giang Delegation) proposed to supplement the authority of the border guard force in receiving temporary residence information of foreigners temporarily residing in border gate areas for the following reasons:

Firstly, the appraisal report of the Ministry of Justice stated that "The Border Guard is also the competent unit in controlling the temporary residence of foreigners in border areas".

Second, compliance with the Law on Promulgation of Legal Documents ensures the consistency of legal documents in the legal system and does not hinder the implementation of international treaties to which Vietnam is a member.

Third, in principle, Clause 1, Article 4 of this Law stipulates "compliance with the provisions of this Law, other relevant provisions of Vietnamese law and international treaties to which Vietnam is a member". According to the report of the drafting agency, the police force, after receiving temporary residence information, will notify the border guard force in the border area. The explanation and regulations as drafted will give rise to inadequacies and legal conflicts in the organization of law enforcement in the border area and border gates, especially with border management agreements and regulations on border area and border gate management. Specifically, currently, according to the provisions of law, especially the Border Management Agreement, the border guard force is assigned to take the lead in implementing a number of tasks on this content.

Officers of the Cau Treo International Border Guard Station (Ha Tinh Border Guard) check data of people entering and exiting through Cau Treo International Border Gate (Ha Tinh). Illustrative photo, source: Minh Toan

From the above analysis, the delegate believes that, with the functions, tasks, powers and regulations of international articles and domestic laws, the addition of authority of border guards in border areas and border gates on this content is in accordance with current laws and practices.

“I request the Drafting Committee and the reviewing agencies to continue reviewing the provisions of international treaties and domestic laws to make appropriate regulations, ensuring consistency in the legal system, avoiding overlapping functions, tasks and powers among forces, especially creating the most favorable conditions for people and foreigners to enter, exit and operate in border areas and border gates,” said the delegate.

Sharing the same view, delegate Vuong Thi Huong (Ha Giang delegation) said: Currently, there are 433 border posts along the Vietnam border and this is a huge resource in the management and protection of border sovereignty, national security and social order and safety in border and island areas. In fact, in recent times, the border guards have closely coordinated with the police force at the commune and district levels in the border areas in the management of foreigners very effectively, the border guards are also responsible for managing the residence activities of foreigners in Vietnam.

Therefore, the delegate proposed to supplement the provisions on the responsibility of the border guard force in declaring temporary residence as prescribed in Clause 5, Article 2 of the draft law and the responsibility in detecting signs of violations by foreigners as prescribed in Clause 8, Article 2 of the draft law to ensure compatibility with the Agreement on border management regulations and border gates, in accordance with current legal documents, and to avoid the situation of having to amend many other laws after amending this law.

Delegate Nguyen Tam Hung (Ba Ria - Vung Tau Delegation) cited international treaties on border and border gate management signed by Vietnam with countries sharing the border and legal documents on national border protection management, all of which stipulate: Foreigners entering and exiting the border gate area, including residents of the opposite country's border or agencies, organizations, individuals, including enterprises employing Vietnamese partners or representatives of foreign non-governmental organizations, accommodation establishments that bring foreigners into the border area, border gate, if staying overnight, registering temporary residence, staying must notify and be subject to inspection and control by the nearest border guards.

Therefore, the delegates suggested that the Drafting Committee should review and supplement the functions and tasks of the Border Guard in the draft law; amend and supplement Article 33 on temporary residence declaration and responsibilities of the Border Guard in border areas and islands with the authority to receive and handle denunciations and reports of crimes; and at the same time amend and supplement the responsibilities of other relevant agencies, organizations and individuals./.

Bich Huong