📋 Tender Overview
The Government issued Decree No. 340/2026/ND-CP dated August 28, 2026 amending and supplementing a number of articles of Decree No. 140/2004/ND-CP dated June 25, 2004 detailing a number of articles of the National Border Law. Download new regulations on construction of border works. Decree No. 340/2026/ND-CP adds Article 8a after Article 8 of Decree No. 140/2004/ND-CP regulating border works. Accordingly, national border fixation works are construction works, including: Reinforcement embankments, protection of national border markers, border marker posts, markers, signs identifying the border line; embankments to reinforce and protect border river banks, border streams, and border ridges; Other works to ensure the status quo and stability of the national border. Works serving the management and protection of national borders are works built entirely or partly within border areas and border gates, including: Fences, border fences; Road works, bridges, railways, border patrol roads, roads to national border markers, border observatories, wharves, ports, and vehicle parking lots serve the management and protection of national borders; Border defense works, disease prevention and control works, natural disaster recovery, rescue, emergency rescue and other works to serve the management and protection of national borders. According to the Ministry of National Defense, the addition of the above regulations is to ensure the status quo and stability of the border line and the system of national boundary markers to be consistent with international treaties and agreements on borders to which the Socialist Republic of Vietnam is a member, unifying and synchronizing with the cultural system. relevant laws and meet the requirements of managing and protecting national borders in the new situation. Amending the process of appraising plans to build border works. Decree No. 340/2026/ND-CP also amends and supplements Article 9 of Decree No. 140/2004/ND-CP on investment and construction of border works in the direction of specifically regulating the process of appraising plans before submitting to the Government for consideration and decision on investment. Investing, implementing the construction of border works, the agency in charge of appraising the plan... Accordingly, the Ministry, ministerial-level agencies, and Peoples Committees of provinces where the national border has investment projects and construction of border works (hereinafter referred to as the managing agency) are responsible for requesting the competent authority to organize an assessment of the need to build the project, specifically: The Ministry of Foreign Affairs presides and coordinates with the Ministry of National Defense and relevant ministries and branches to organize field surveys to evaluate Evaluate the need to build structures to fix the national border. The governing agency shall take the lead in consulting with the Ministry of National Defense and relevant ministries and branches to assess the need to build projects to serve the management and protection of the national border. Based on the assessment results, the governing agency shall make a plan to build border structures according to the provisions of Article 26 of the Law on National Borders No. 06/2003/QH11 and collect written opinions from the agencies. other related matters before submitting to the Government for decision, in which opinions must be obtained from the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Foreign Affairs. Within 10 working days from the date of receiving the complete dossier, the agency receiving comments must have a written response to the agency sending comments. Pursuant to the Governments Resolution on approving border construction plans, the managing agency implements the order and procedures for investment and construction of border projects in accordance with current law. Supplement regulations on investment and construction of border projects in emergencies. Notably, Decree No. 340/2026/ND-CP adding Article 9a, Article 9b after Article 9 of Decree No. 140/2004/ND-CP regulating investment and construction of border works in cases of emergency, urgent, special and construction of projects and works in the border belt but not border works. Specifically: Article 9a. Investment and construction of border works in emergency, urgent and special cases Maintain and coordinate with the Ministry of National Defense and relevant ministries and branches to implement; b) For projects serving national border management and protection activities, the managing agency shall preside over and coordinate with the Ministry of National Defense and relevant ministries and branches to implement. Article 9b. Construction of projects and works in the border belt but not border works1. Ministries, ministerial-level agencies and provincial-level Peoples Committees have projects and works in the border belt but are not border works. The agency must obtain written opinions from the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Foreign Affairs before submitting it to the competent authority for approval. Within 20 working days from the date of receipt of complete valid documents, the agency receiving opinions must respond in writing to the agency sending the opinions.2. When implementing hWhen implementing projects and works, the investor must notify in writing the date of project implementation and construction commencement to the Border Guard Command, Provincial Police and local local authorities at least 03 working days before project implementation or construction commencement date. This Decree takes effect from October 16, 2026. The construction of projects and works within the border belt and border gates has been granted. If you have the authority to approve before the effective date of this Decree, you will continue to comply with the provisions of Decree No. 34/2014/ND-CP./. See more
