Ensuring security and order in maritime border areas is a very complex mission, which takes place in specific areas and is undertaken by many forces with the Border Guard as the key, principal force. Therefore, collaboration between the Border Guard and relevant forces in the implementation of this task is a matter of significant importance that needs thorough studies in both theory and practice, contributing to increased effectiveness of ensuring security and order in maritime border areas in the new situation.

According to the Law on Viet Nam Border Guard and the Circular No. 02/2022/TT-BQP, dated 7 January 2022 of the Ministry of National Defence (MND), the Border Guard must work closely with other forces, including the Navy, the Coast Guard, military regions, etc., in ensuring security and order in maritime border areas. Meanwhile, our country has a maritime boundary line equivalent to the length of the coastline (over 3,260 km) and running through 28 littoral provinces and cities. These are areas of strategic importance in both socio-economic, national defence, and security terms. They are also areas inhabited by 28% of our population. There are also 37 border crossings, 279 habours, and 12 offshore oil and gas terminals in the areas. Consequently, collaboration between the Border Guard and forces concerned in securing these areas is vital.

In recent years, the Border Guard has actively and proactively work with forces in the military and civilian sector to adopt synchronous measures to ensure security and order and gained important outcomes. Thanks to the collaboration, security and order in maritime border areas of our country are basically stable, creating favourable conditions for socio-economic development of localities and the country as a whole. Nevertheless, as a result of both objective and subjective causes, the collaboration between the Border Guard and other forces of the MND remains limited in terms of content, form, method, command, exchange of information, conduct of joint operations, scope and area, task for specific forces, undermining effectiveness of collaboration. In addition, many of the maritime border areas encounter numerous difficulties in economy, culture, society, and traffic infrastructure; are targets of hostile forces’ sabotage, potentially causing insecurities. Moreover, foreign vessels regularly encroach upon sovereignty of our country in coastal and offshore areas. Some of our fishing boats conduct illegal, unreported, and unregulated fishing (IUU) activities. Transnational crime, smuggling, trade fraud; trafficking in drugs, weapons, and explosives; high-tech crime; illegal migration and immigration; dispute over fishing grounds and muddy coastal areas; illegal sand exploitation; natural disasters, accidents at sea, etc., are on the rise and witness complex developments.

Therefore, proposal of solutions to improve the effectiveness of collaboration between the Border Guard and other forces, especially those under command of the MND, with a view to making the maritime border areas more secure is both an immediate pressing issue and a long-term one. The article seeks to propose several solutions to implementation of this vital mission.

First, it is necessary to have a clear understanding of subjects and objectives of collaboration between the Border Guard and forces within the MND. This is the most important issue, which ensures close, flexible, effective collaboration among forces in each area. Regarding subjects of collaboration, according to Article 21, Section 1 of the Law on Viet Nam Border Guard, the Border Protection Force comprises the Border Guard High Command and its subordinate departments and units, border guard commands of coastal provinces, maritime border guard brigades, border guard posts, and maritime border guard detachments. Each subject is associated with areas of management and protection on the basis of the Law on National Border and the Law on Viet Nam Border Guard. Areas of management and protection of the provincial, municipal commands and maritime border guard brigades are stipulated by the Border Guard High Command.

Forces under direct command of the MND exercise their functions in accordance with the Circular No. 02/2022/TT-BQP, dated 7 January 2022 of the MND. Elements in collaboration with the Border Guard are forces of military regions, the Air Defence – Air Force, Navy, General Department of Defence Intelligence, Coast Guard, Cyber Command, Viettel Group, Signal, Special Force, Engineering, and other relevant departments and units. Organisation and functions of forces under command of the MND are stipulated by law.

Collaborate aims to bring into play the strength of each force, which serves to generate overall power in the process of commanding and controlling activities to enforce Vietnamese law and international law, of which Viet Nam has acceded to. Collaboration also seeks to prevent, detect, and punish any acts of encroaching upon sovereignty, security, and order on land, at sea, and on islands within the maritime border areas, internal waters, and territorial waters of the Socialist Republic of Viet Nam, contributing to management and firm protection of territorial sovereignty, national borders, and security and order in the maritime border areas.

Second, good grasp of scope, principle, and coordination of collaboration. Collaboration between the Border Guard and other forces, especially those under the direct command of the MND in ensuring security and order in the maritime border areas must comply with leadership and command of the Central Military Commission (CMC) and MND. These are complex, specific areas. To achieve effective collaboration requires forces to have a good understanding of principles and scopes of collaboration. Accordingly, units of the Border Guard will preside over and work with their counterparts in the areas to control and protect national borders and preserve security and social order in the border areas and border crossings in accordance with regulations of law. During implementation process, the coordination of activities needs to be carried out in a centralised, unified, proactive, flexible, secret, timely, effective manner as provided by law. In the same area, when a violation of law relating to mission and authority of many forces is detected, those which identify first must deal with the violation within their jurisdiction as provided by law. If the case does not fall within the competence of their forces, they must conduct initial settlement before transferring records, humans, exhibits, vessels, and vehicles relating to violation to responsible agencies. The reception force is responsible for informing the transferring force about results of investigation and punishment. On the basis of their functions, missions, authorities, and content of collaboration, the Border Guard and forces under the command of the MND define forms and methods of collaboration according to approved regulations and plans. Attention is paid to review and settlement of shortcomings about content, forms, and methods of collaboration; mechanisms for command and control and exchange of information about implementation of joint missions; scopes, areas, and missions of collaboration as well as responsibility of each unit, ensuring clarity, concreteness without overlapping missions.

Third, leverage of responsibility of forces under the command of the MND for collaborating with the Border Guard in accordance with their functions and missions as stipulated by law. In fact, there are many forces collaborating with the Border Guard in securing maritime border areas, in which the regular, direct, and main ones are the Navy and Coast Guard. There are also units from military regions, namely the province- and district-level military commands and the militia and self-defence force. Consequently, leverage of responsibility of these elements is a matter of vital importance and key to quality and effectiveness of collaboration. The Navy needs to continue to bring into play its responsibility for exchange of information about violation of foreigners and their vessels, crime, activities in breach of law, and waters and islands relating to security and order in maritime border areas; popularise laws; encourage organisations and people working at sea to participate in protection of waters and islands. It must also conduct joint patrols to keep control of waters and islands; prevent and combat armed piracy and other crimes in Viet Nam’s waters; provide support in terms of anchoring spots, depots, shipyards, and other conditions in areas of responsibility of naval units at the request of the Border Guard.

The Coast Guard should promote collaboration with the Border Guard in propagandising and educating organisations and individuals operating within Viet Nam’s waters about waters, islands, and protection of sovereignty over waters and islands; carry out joint patrols to safeguard sovereignty, sovereign rights, and jurisdiction at sea; prevent and respond to violations at sea as provided by Viet Nam’s law and international treaties to which Viet Nam has acceded. Additionally, it needs to proactively work with other forces to protect properties of the State and organisations, lives and assets of people operating at sea, military facilities, and resources; respond to marine pollution; prevent and respond to incidents, accidents, natural disasters, and pandemics; conduct search and rescue in maritime border areas.

On the one hand, military regions enhance communication with the Border Guard about military, defence missions and defensive operations relating to maintenance of security and order in maritime border areas, but on the other, they have to proactively promote collaboration in patrol, control, and preservation of security and order in the areas. They must have plans to receive and hand over manpower, vessels, and civilian vehicles; directly coordinate efforts or participate in prevention and response to incidents, accidents, natural disasters, catastrophes, and pandemics and conduct of search and rescue in the maritime border areas in accordance with their functions, missions, and authorities; provide support in terms of anchoring spots, depots, shipyards, and other conditions in their areas of responsibility of at the request of the Border Guard.

Collaboration between the Border Guard and other forces, especially those under command of the MND, in ensuring security and order in the maritime border areas is a vital, urgent matter today. The above-mentioned solutions are only initial studies the author would like to discuss with readers.

Senior Colonel, Associate Professor, Doctor NGUYEN XUAN BAC, Vice Rector of the Border Guard Academy