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According to the Regulations on Border Management in Yunnan Province, what principles should be adhered to in border management?
Chapter I General Principles
Article 1 In order to strengthen border management, maintain the security and stability of border areas, promote the opening-up and economic and social development of border areas, and accelerate the construction of radiation centers in South Asia and Southeast Asia, these Regulations are formulated in accordance with relevant laws and regulations and combined with the actual situation of this province.
Article 2 These Regulations shall apply to border management, entry-exit management, entry-exit frontier management and security services within the administrative area of this province.
Article 3 Border management shall adhere to the principles of managing according to law, strictly observing national boundaries, maintaining stability, opening up services, promoting development and benefiting the people.
Fourth provincial people's governments and people's governments at all levels in border areas should strengthen their leadership over border management.
The foreign affairs department is responsible for the exploration, maintenance and management of border signs and border facilities, and organizes joint border inspections according to authorization.
The public security organs and public security frontier departments are responsible for public security in border areas, entry and exit of China citizens, entry and exit of foreigners, entry and exit of vehicles and frontier inspection; Combined with the task of border river public security management, carry out border river water patrol; Prevent and crack down on cross-border illegal and criminal activities in border areas.
Customs, inspection and quarantine, port management and other departments shall, in accordance with their respective responsibilities, do a good job in border management and service.
Article 5 Frontier defense committees at all levels shall establish systems such as regular joint meetings of member units, joint defense of military, police and civilians, notification of major situations, and external contacts and cooperation.
Foreign affairs departments, public security organs, and public security frontier departments shall, in accordance with their duties and powers, establish systems such as joint departmental meetings and briefings; And strengthen cooperation with the resident PLA border guards, cooperate with each other, and do a good job in border management.
Article 6 The public security organs and public security frontier departments shall carry out international law enforcement cooperation in accordance with the international treaties and relevant agreements concluded or acceded to by China.
Chapter II Border Management
Article 7 All units and individuals shall maintain the clarity and stability of national boundaries, keep boundary markers (piles) and other auxiliary markers as well as physical objects of national boundaries intact, and report any abnormal situation to the foreign affairs department or relevant departments in time, and shall not handle it without authorization.
The restoration, repair or reconstruction of national border signs shall be organized and implemented by the foreign affairs department in accordance with the agreements signed between China and neighboring countries and the relevant provisions of the state, with the assistance of the public security frontier defense department.
Article 8 No unit or individual may commit any of the following acts:
(1) Moving, damaging, altering or scoring boundary markers;
(2) destroying trees, vegetation and facilities related to auxiliary signs of national boundaries, directional objects or revetment of boundary rivers;
(3) Changing or possibly changing the direction of the national boundary, which affects or may affect the stability of the boundary river;
(4) frying fish, poisoning fish, panning for gold, collecting sand, discharging pollutants beyond the standard, or cutting down trees and digging sand and stones on sandbars and islands in the boundary river;
(five) unauthorized opening or expansion of border crossings and sidewalks, unauthorized opening of ferries and docks on the border river;
(6) Setting up hazardous chemicals storage facilities and hazardous waste disposal sites within the scope prohibited by agreements signed with neighboring countries;
(7) New permanent buildings or facilities are built within 30m on our side of the Sino-Vietnamese border,100m on our side of the China-Laos border and10m on our side of the China-Myanmar border, unless otherwise agreed with neighboring countries;
(8) burning wasteland on our side of the Sino-Vietnamese border 1000 meters and within 500 meters of our side of the Sino-Laos and China-Myanmar borders;
(nine) other acts to change the status quo of the border.
Article 9 When ownerless objects or aircraft, airborne objects and drifting objects of unknown origin are found near the national border, they shall promptly report to the local public security frontier defense department or relevant departments for handling.
Article 10 The following situations shall be approved before they can be carried out:
(a) in the Sino-Vietnamese or Sino-Lao border, within 2000 meters on our side and 500 meters on our side of the China-Myanmar border, the county-level administrative department shall solicit the opinions of the local foreign affairs department and the public security frontier defense department, and report to the people's government at the county level for approval in accordance with the regulations;
(II) In case of ground surveying and mapping, exploration or prospecting and mining within 500 meters on our side of the national boundary, the provincial water administrative department shall solicit the opinions of the provincial foreign affairs department and the provincial public security frontier defense department, and submit them to the provincial people's government for approval in accordance with regulations;
(3) Where revetment, navigation and water diversion operations are carried out on the boundary river, the provincial administrative department shall solicit the opinions of the provincial foreign affairs department and the provincial public security frontier defense department, and submit them for approval in accordance with the provisions;
(four) aerial survey and aerial photography within 25000 meters of our side of the national boundary shall be approved by the provincial people's government and reported for approval in accordance with the regulations;
(five) the construction of cross-border projects or facilities in border areas shall be approved by the provincial people's government and reported for examination and approval in accordance with the provisions.
The foreign affairs department shall give guidance and help to the implementation of the acts specified in the preceding paragraph, and consult the foreign affairs department; If blasting, aerial survey, aerial photography, bank protection, navigation and water diversion operations or the construction of cross-border engineering facilities are carried out as stipulated in the preceding paragraph, the foreign affairs department shall notify or solicit the opinions of relevant departments of neighboring countries in accordance with regulations.
Article 11 When a ship registered in China engages in production operations or other activities by crossing the river, it shall, in addition to obtaining relevant certificates according to law, also file with the public security frontier department at the port of registry or the place of operation.
Chapter III Exit and Entry Administration
Article 12 Frontier inspection stations set up at ports and border crossings shall conduct frontier inspection on exit and entry personnel, their luggage, articles and means of transport; Guard entry and exit means of transport; Alert areas restricted by ports or border crossings; When necessary, the goods carried in exit and entry vehicles may be inspected.
Article 13 Entry-exit personnel shall enter and exit from designated ports or border ports with valid entry-exit certificates and accept border inspection; Those who do not hold valid exit and entry certificates or refuse or evade border inspection have the right to refuse their exit and entry; If the relevant departments make a decision not to leave or enter the country according to law, the public security frontier defense department shall implement it according to its notice.
No unit or individual may assist or transport others to enter or leave the country illegally or provide convenience for those who enter or leave the country illegally.
Article 14 The persons in charge of entry-exit means of transport and their business agents shall cooperate with the entry-exit frontier inspection, truthfully declare the relevant information and assist in investigating and handling illegal acts.
Exit inspection to exit inspection, entry inspection to entry inspection, exit vehicles are not allowed to get on or off personnel or load or unload goods without the consent of the public security frontier defense department.
Article 15 In order to maintain the normal entry and exit order, the port administrative department of the border people's government may designate a certain range of restricted areas at ports and border ports, which shall be managed by the public security frontier departments. The restricted area includes entry-exit frontier inspection stations, waiting areas and other areas where the passage and stay of non-entry personnel or vehicles need to be restricted.
Article 16 Residents in border areas who enter neighboring countries from designated ports or border ports with valid exit and entry certificates shall stay within a limited range and return within a specified time limit.
After entering the country, residents in the border areas adjacent to the country should stay in the area and stay within the validity period stipulated in the entry and exit documents.
Article 17 If residents in border areas adjacent to countries are unable to provide entry and exit certificates issued by their host countries due to special reasons, which meet the entry and exit reasons stipulated in bilateral agreements signed with China, and really need to enter the country, they should apply to the public security frontier defense department at the entry port or border port for the entry and exit certificates of foreigners, and enter the country after border inspection.
Article 18 People's governments at the county level in border areas shall set up special emergency command institutions for border emergencies. When natural disasters such as fires, floods and earthquakes occur in the border areas adjacent to the country, they should be approved by the people's governments at or above the county level and reported to the higher authorities for the record. The special emergency command organization for border emergencies can organize personnel to enter neighboring countries for disaster relief, and return to China immediately after disposal, and the public security frontier defense department shall provide entry and exit convenience.
Chapter IV Entry-Exit Frontier Defense Administration
Article 19 The establishment of frontier inspection stations and the implementation of frontier inspection by public security frontier departments on the main roads entering and leaving the border areas shall be approved by the provincial people's government.
According to the needs of the tasks of border stability, anti-terrorism and drug control, the frontier defense department of public security may, with the approval of the higher authorities, set up temporary checkpoints in border areas or major entry-exit traffic routes to carry out frontier inspection. After the task is completed, it shall be cancelled in time.
Twentieth people entering and leaving the border areas shall hold valid certificates and accept the frontier inspection by the public security. Those who do not hold valid certificates or refuse to accept public security frontier inspection shall not enter or leave the country.
Residents in the border areas adjacent to the country shall, after entering the country, travel from the border areas to non-border areas, and their certificates shall comply with the relevant provisions; Those who do not meet the requirements shall not leave the border areas for non-border areas.
Article 21 No unit or individual may organize, assist or transport persons without valid certificates to enter or leave the country; Do not provide convenience for people without valid documents to enter and leave the border areas; It is not allowed to accept, employ or place people without valid documents in border areas.
Chapter V Safeguarding Services
Twenty-second provincial people's governments and border state (city) people's governments shall, when formulating national economic and social development plans, have objectives, tasks and safeguard measures to promote the accelerated development of border areas, and shall strengthen supervision and implementation.
Twenty-third provincial people's governments and border state (city) people's governments shall formulate preferential policies to support industrial development and border trade in border areas; Increase financial transfer payments to border areas; Increase investment in infrastructure construction in border areas such as transportation, communication, water conservancy, electric power, culture, education, medical and health care, rural housing and border defense, customs, inspection and quarantine.
Article 24 The opening of ports and border crossings, the establishment of cross-border economic cooperation zones, border economic cooperation zones and border people's mutual markets, or the development and construction of border tourist routes and projects shall be submitted for approval or put on record in accordance with relevant state regulations.
Our personnel engaged in trade and tourism in border areas and those from neighboring countries should operate within the approved scope and abide by the relevant national and local regulations.
Twenty-fifth port inspection agencies should strengthen information exchange, mutual recognition of supervision and mutual assistance in law enforcement, improve the efficiency of comprehensive law enforcement, improve the customs clearance environment, formulate measures to facilitate and benefit the people, provide consulting information services, improve service levels, and promote convenient and efficient customs clearance.
Article 26 The port inspection organ shall facilitate the entry and exit of persons and materials involved in foreign economic and trade cooperation, education, science and cultural exchange activities organized by the people's governments at or above the county level in the border areas adjacent to the country.
Residents of border areas who visit relatives, travel and engage in trade activities in the border areas of neighboring countries shall go through the formalities in accordance with the agreements reached between their countries and neighboring countries and the relevant provisions of the state, and the inspection organs at ports and border ports shall provide convenience for entry and exit.
The inspection organs at ports and border ports shall provide management and services for border residents and border tourism, and provide entry and exit convenience for legally organized labor export and import activities of border residents.
The inspection organs at ports and border ports may provide entry and exit convenience for children in border areas of neighboring countries who have entered the country for compulsory education.
Twenty-seventh residents of the border areas adjacent to the country who need to stay beyond the prescribed time limit after entering the country with the entry and exit documents of the border areas shall go to the public security organ for the corresponding documents within 3 days after entering the country; Units and individuals that provide overnight accommodation for residents in border areas adjacent to the country shall register with the public security organ or report the registration information to the public security organ within 24 hours according to regulations.
Residents in the border areas adjacent to the country shall go through the relevant procedures in accordance with the regulations when entering the temporary employment in the border areas of China; The employing unit shall report and register with the public security organ within 3 days from the date of employment.
If residents in border areas intermarry with residents in border areas of neighboring countries, they shall go through legal and effective marriage registration; The people's governments at the border county level and their civil affairs departments and public security organs should strengthen education and guidance, bring them into standardized management, and provide convenience for marriage registration. Foreign affairs departments should strengthen communication and coordination with relevant departments of neighboring countries and help residents in border areas to register for transnational marriages.
Article 28 People's governments at all levels in border areas should strengthen the comprehensive management of social security in border areas, establish platforms for military-civilian joint defense, regional joint defense, mass prevention and treatment and information sharing, implement grid service management in communities (villages), carry out mass prevention and treatment, and prevent, stop and punish illegal and criminal activities.
Public security organs and public security frontier departments should strengthen public security work within their respective jurisdictions, implement community policing, implement the responsibility system, conduct regular public security inspections, eliminate hidden dangers of public security, and strictly guard against and severely crack down on cross-border illegal and criminal activities involving terrorism, drugs and other border areas.
The people's governments at the border county level shall establish and strengthen the reward system for reporting on border management and protect informants according to law.
Chapter VI Legal Liability
Twenty-ninth in violation of the provisions of the first to third items of this Ordinance, the foreign affairs department shall order it to stop the illegal act and restore the original state, and the public security organ shall punish it in accordance with the Law of People's Republic of China (PRC) Municipality on Public Security Administration Punishment.
In violation of the provisions of Article 8, Items 4 to 9 and Article 11, if the circumstances are minor, the relevant department or the public security frontier defense department shall order it to stop the illegal act, dismantle the illegal buildings and facilities and restore to the original state; If the circumstances are serious, the individual shall be fined 1500 yuan in 500 yuan, and the unit shall be fined 1000 yuan and 30,000 yuan.
Article 30 Whoever, in violation of the provisions of Article 13 of these regulations, leaves or enters the country from the designated port without valid certificates shall be given a warning and may be fined 50 yuan; Those who evade the frontier inspection and forge, alter, cheat or fraudulently use other people's certificates shall be confiscated, given a warning, and may be fined between 300 yuan and 65,438 yuan 1000 yuan; Those who assist or transport others to enter or leave the country illegally or provide convenience for those who enter or leave the country illegally shall be fined from 2,000 yuan to 5,000 yuan. If the circumstances are serious, a fine of more than 5000 yuan 1000 yuan shall be imposed.
Article 31 Whoever violates the provisions of Article 14 of these regulations shall be fined between 5,000 yuan and 20,000 yuan for those responsible for entry-exit means of transport.
Article 32 Anyone who violates the provisions of Article 20 of these regulations and refuses to listen to dissuasion shall be given a warning and may be fined more than 300 yuan 100 yuan.
Thirty-third in violation of the provisions of article twenty-first, can be given a warning, and may impose a fine of more than 200 yuan and less than 500 yuan. If the circumstances are serious, a fine ranging from 1000 yuan to 2000 yuan may be imposed.
Article 34 Whoever, in violation of the provisions of these Regulations, refuses to cooperate with the frontier inspection or seriously disturbs the order at the frontier inspection site shall be given a warning and may be fined from 500 yuan to 65,438 yuan.
Thirty-fifth acts in violation of the provisions of this Ordinance, "People's Republic of China (PRC) exit and entry management law" and other laws and regulations have been punished, from its provisions.
In violation of the provisions of this Ordinance, which does not constitute a crime, the illegal income shall be confiscated; Those who carry or transport articles prohibited by laws and regulations shall be detained or confiscated; If a crime is constituted, criminal responsibility shall be investigated according to law.
The penalties prescribed in Articles 30 to 34 of these Regulations shall be punished by public security organs or public security frontier departments according to law.
Article 36 Any staff member of the foreign affairs department, the public security organ, the public security frontier defense department or other relevant administrative departments who, in the process of border management, issues certificates in violation of regulations, checks and releases persons or vehicles that do not meet the prescribed conditions to leave or enter the country, illegally seeks benefits by taking advantage of their functions and powers, fails to perform their statutory duties or commits other illegal acts shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 37 The meanings of the following terms in these Regulations:
Border areas refer to the county-level administrative areas where this province borders neighboring countries.
Border crossings refer to roads and ferries approved by the provincial people's government for residents in border areas to visit relatives and friends, seek medical treatment, engage in commodity trading and participate in traditional ethnic festivals.
Thirty-eighth local people's governments at the county level may, according to the actual situation, formulate special management measures for the border residents of cross-border villages formed in history.
Article 39 These Regulations shall come into force as of 20 17 1+0.
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