Circular No. 01/2011/TT-BCA on the activities of armed guarding and protecting targets by the Protective Police Force

Circular
Regulations on armed guarding and protecting important targets
of the People's Security Guard Force

Pursuant to Decree No. 37/2009/NĐ-CP dated April 23, 2009 stipulating important political, economic, diplomatic, scientific and technological, cultural, and social targets subject to armed guarding and protection by the People's Public Security Forces and the responsibilities of relevant agencies and organizations;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

The Ministry of Public Security hereby promulgates regulations on the armed guarding and protecting of important political, economic, diplomatic, scientific and technological, cultural, and social targets by the People's Security Guard Force as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the activities of armed guarding and protecting important political, economic, diplomatic, scientific and technological, cultural, and social targets (hereinafter referred to as targets) by the People's Security Guard Force.

Article 2. Applicability

This Circular applies to public security units and localities; officers, non-commissioned officers, and soldiers (collectively referred to as officers and soldiers) belonging to the People's Security Guard Force and relevant agencies and organizations involved in target protection work.

Article 3. Principles of armed guarding and protecting targets

1. Adhering to the provisions of Decree No. 37/2009/NĐ-CP dated April 23, 2009 stipulating important political, economic, diplomatic, scientific and technological, cultural, and social targets subject to armed guarding and protection by the People's Public Security Forces and the responsibilities of relevant agencies and organizations, and the provisions of this Circular.

2. Ensuring continuous armed guarding and protecting of targets 24 hours a day.

3. Coordinating closely with units within the People's Public Security and relevant agencies and organizations to prevent, detect, intercept, and promptly handle any acts infringing upon targets.

Article 4. Requirements for officers and soldiers performing tasks of armed guarding and protecting targets

1. Mastering and strictly implementing the provisions of this Circular and other related laws.

2. Fulfilling assigned tasks during the process of armed guarding and protecting targets fully and accurately, strictly adhering to the Public Security Regulations.

3. Absolutely obeying orders from superiors. Unit leaders responsible for armed guarding and protecting targets must strictly follow direct and comprehensive guidance from immediate superiors.

4. When interacting with individuals coming to the agency with target-related business, they must show respect, courtesy, and propriety.

5. Strictly implementing legal provisions and the Ministry of Public Security's regulations regarding interaction with foreigners when performing tasks of armed guarding and protecting foreign diplomatic agencies in Vietnam.

6. For units provided accommodation, living facilities, and activities within the target area by the agency with the target, officers and soldiers, in addition to complying with unit internal regulations, must also strictly adhere to the security, order, and safety regulations of the agency being protected.

7. Strictly prohibiting officers and soldiers from engaging in the following behaviors while performing tasks of armed guarding and protecting at targets:

a) Disclosing secrets of the sector, secrets about assigned work and tasks;

b) Conversing with unauthorized persons;

c) Being rude, causing difficulties for visitors conducting business;

d) Wearing dark glasses, nodding off, entering shops, drinking alcohol, smoking cigarettes, doing personal matters;

đ) Leaving their post, exceeding the designated perimeter of guard posts, patrol areas, and inspection posts assigned to them;

e) Unauthorized viewing of files and documents of the agency being protected;

g) Entering the premises of embassies, consular offices of foreign countries in Vietnam, and offices of United Nations bodies in Vietnam without permission from authorized authorities;

h) Taking advantage of target protection duties to engage in illegal activities or actions that negatively impact the reputation of the sector or unit;

i) Other violations related to armed guarding and protecting targets.

Article 5. Methods for armed guarding and protecting targets

1. Armed guarding and protecting targets at watchtowers and protected areas.

2. Mobile patrols to inspect and protect targets.

3. Monitoring and protecting targets using technical equipment and devices.

Chapter II

SPECIFIC PROVISIONS

Article 6. Basic investigation for targets assigned to be guarded and protected

1. All targets assigned to be guarded and protected must undergo basic investigation according to the regulations of the Ministry of Public Security to collect information and documents related to the situation, serving the prevention of harmful acts against the targets and proactively planning and implementing measures to ensure the safety of the targets. The collected information and documents must be verified, analyzed, and summarized to ensure objectivity and accuracy.

2. Basic investigation files must be established, registered, and managed according to the regulations of the Ministry of Public Security; they must be regularly supplemented, adjusted, and organized systematically over time to ensure completeness and tightness, effectively serving research, exploitation, and utilization work.

Article 7. Building, managing, and using secret bases to serve target protection work

1. Based on the characteristics and nature of the targets that need protection and the security and social order situation related to target protection work, secret bases should be built and used to serve target protection work. The construction, management, and use of secret bases shall be carried out in accordance with the regulations of the Ministry of Public Security.

2. The personal history of individuals selected to serve as secret bases must be approved by the competent authority's leadership.

3. Personal files of secret bases must be established, registered, and managed according to the file management system of the Ministry of Public Security.

4. The Director and Deputy Director of the Protective Police Department responsible for target protection work and the Director and Deputy Director in charge of Provincial Police Departments directly guide, instruct, and manage secret bases under their jurisdiction.

Article 8. Building protection plans for targets

1. The head of the Protective Police Units under the Protective Police Department must develop protection plans for targets assigned the task of armed guarding and protection, submit them to the Professional Guidance Division of the Protective Police Department for review, and present them to the Director of the Protective Police Department for approval.

2. The Protective Police and Mobile Police Units of the Provincial Police Departments must develop protection plans for targets assigned protection tasks by the Provincial Police Departments and submit them to the Provincial Police Directors for approval.

3. Each target must have at least one protection plan developed. For targets with potential risks of terrorism, riots, armed sabotage, or hostage-taking, in addition to regular protection plans, combat plans must also be developed to handle such situations.

4. The contents of the protection plans for targets must meet the following requirements:

a) Summarize the characteristics and situation of the targets to be protected; the security and social order situation in the area where the targets are located;

b) Forecast criminal situations and latent threats to the safety of the targets; anticipate possible scenarios and response plans;

c) Deploy forces and equip various types of means, weapons, and auxiliary tools to ensure armed guarding and protection of the targets.

5. Protection plans for targets must be kept at the unit for monitoring and inspection and must be regularly practiced.

Article 9. Duties of armed guards protecting targets

1. For protected targets that are political, economic, scientific and technological, cultural, and social objectives

a) Focus on observing and grasping the situation, identifying suspicious phenomena related to the security and safety of the protected target, recording fully in the duty logbook and promptly reporting to leadership and command units;

b) Guide visitors to the reception room or designated meeting area and notify the agency responsible for arranging reception staff;

c) Proactively identify gatherings of people in the vicinity of the protected target, understand the situation, investigate the causes, directly explain and request dispersal; if the situation is complex, report promptly to leadership and command units for appropriate measures;

d) Control entry and exit from the protected target; if there are suspicions, check personal identification, means of transportation, and luggage of the individual;

đ) Timely detect and prevent any unauthorized intrusion into the protected target. In cases of intentional intrusion, arrest the intruder, record the incident in a report, and simultaneously report to leadership and command units and transfer to local police authorities for handling;

e) Hand over individuals caught committing crimes in flagrante delicto or those with arrest warrants to local police authorities;

g) Protect the scene when criminal incidents or accidents occur within the protected target area; collect information and report to leadership and command units and local police authorities about the incident;

h) Record administrative violations occurring within the protected target area and transfer them to competent authorities for handling;

i) Coordinate with specialized police units and relevant agencies and units in the work of protecting the security and safety of the target according to the directives of authorized leadership;

2. For diplomatic targets such as foreign embassies, consular offices, and representative offices of United Nations bodies in Vietnam (collectively referred to as foreign representative offices in Vietnam)

a) Implement the provisions of Clause 1 of this Article.

b) Ensure the safety of the premises of foreign representative offices in Vietnam;

c) Control entry and exit from the premises of foreign representative offices in Vietnam; be familiar with external characteristics, means of transportation, and times of entry and exit, record and describe all collected information fully in the duty logbook and compile, report to the head according to regulations. If unusual phenomena or suspicious signs are detected, immediately take preventive measures and report to unit command for timely resolution;

d) Prevent any acts of intrusion, sabotage against the premises of foreign representative offices in Vietnam; if individuals engaging in unauthorized entry, theft, destruction, armed attack, hostage-taking, placing bombs, flammable materials, explosives, leaflets, graffiti with subversive content on the perimeter fence, corridors of the protected target, and other harmful acts are discovered, they must be arrested and handed over to competent authorities for resolution;

đ) Coordinate with the protective forces of foreign representative offices in Vietnam to ensure the safety of the target;

e) When foreign representative offices in Vietnam request exchanges regarding security and safety measures, officers at the department level and above responsible for target protection (at least two persons) shall directly work with the security officer of the office to discuss security and safety measures for foreign representative offices in Vietnam; the content of the exchange and work must be recorded in a protocol and both parties must sign to confirm. The results of the work must be reported in writing to immediate superiors;

g) Implement provisions of international law and other relevant laws.

Article 10. Duties of Guard Supervisors

1. Familiarize oneself with the position, scope, characteristics, security plans for targets, tasks, and regulations of each guard post within the shift they are responsible for. Bear joint responsibility for ensuring the safety of targets within their assigned scope.

2. Call guards, inspect weapons, support tools, and equipment provided to guards, organize task assignments, command and lead guard shifts, maintain guard shift schedules.

3. Regularly patrol and supervise guards' compliance with watchkeeping regulations to ensure the safety of assigned targets.

4. Directly command guards to proactively prevent armed attacks or intrusions that threaten the protected targets.

5. Support or replace positions of guards when necessary, such as assisting in handling matters at the target site, temporarily replacing guards who are injured, sick, or in accidents, while reporting to unit commanders and proactively arranging reinforcements.

6. Report to commanders or hand over to subsequent guard supervisors about the situation of targets under their responsibility during the shift, measures taken to address incidents affecting the safety of protected targets.

Article 11. Equipment and Use of Weapons, Support Tools, Means, and Technical Devices

1. Security Protection Police Units tasked with armed guard duties shall be equipped with weapons, support tools, troop transport means, technical devices, and communication equipment to perform their duties.

2. When performing armed guard duties, officers and soldiers shall be equipped with weapons, support tools, and technical devices as determined by competent authorities based on the characteristics and circumstances of the targets they are assigned to protect.

3. The provision, management, and use of weapons, support tools, means, and technical devices must comply with legal provisions and guidelines from the Ministry of Public Security.

Article 12. Armed Guarding of Targets at Guard Posts

1. Based on the characteristics, nature, and scope of the targets to be protected, appropriately allocate guard posts. Each target may have one or more guard posts but must have at least one central guard post operating 24/7, and must meet the following requirements:

a) To oversee the target to be protected;

b) To monitor the situation to proactively prevent and promptly handle situations affecting the safety of the target;

c) To provide timely support between guard posts when incidents occur.

2. Each guard post shall be staffed with eight (8) officers and soldiers directly guarding, of which temporary service personnel shall not exceed sixty percent (60%) of the total staffing of the guard post.

3. Guarding of targets at guard posts is divided into multiple shifts, each shift must ensure at least one officer or soldier is stationed at the guard post. If the guard post is far from the command headquarters, making it difficult to mobilize forces, or due to the special nature of the protected target, two or more officers or soldiers may be stationed simultaneously at one guard post, and there must be a plan to mobilize forces to ensure absolute safety for the protected target. In cases where a target has multiple guard posts, each shift must appoint one person as the shift leader, who also serves as the commander of the shift and must directly guard at the central guard post to facilitate command and situational awareness.

Article 13. Mobile patrols for surveillance and protection of targets

1. The commanding officer of the armed guard unit shall arrange forces, methods of patrol and control, and determine the scope and area of patrol and control around the target based on the characteristics, situation, and nature of the target, and the terrain of the target area. The patrol and control of the target may be carried out using mechanical means or on foot, with the patrol and control team having at least two (2) people or more.

2. When conducting patrols and controls to protect the target, it must ensure secrecy, surprise, and not follow regular patterns, and increase patrols during peak hours.

3. Patrols and controls should surround the target, paying particular attention to weak points and positions that are out of sight of guards at watchtowers. Timely detection and prevention of unauthorized entries into the target and other actions harmful to the protected target should be ensured.

4. Support guards at watchtowers in handling situations occurring at the target.

5. Participate in maintaining public order and safety around the target. Arrest individuals who are under arrest warrants or caught committing crimes within the patrol and control area and hand them over to competent authorities for handling.

Article 14. Surveillance and protection of targets using technical equipment

1. Security police forces may use cameras, bulletproof watchtowers, metal detection devices, and other technical equipment to monitor and protect targets.

2. Based on the characteristics and nature of the target to be protected, the head of the security police unit shall report to the competent authority to decide on the use of technical equipment for monitoring and protecting the target.

Article 15. Handling situations occurring at the target

1. For simple and less complex incidents, the officers and soldiers on duty directly handle them; the duty supervisor shall command the officers and soldiers to resolve the incident in accordance with the law and report the resolution to the unit commander.

2. For complex situations, the unit commander of the security police protecting the target shall report to the immediate superior leadership for guidance and directly command the resolution of the situation; organize forces into teams and assign specific tasks to each team participating in resolving the situation.

3. For particularly serious situations such as terrorism, riots, armed sabotage, and hostage-taking:

a) The Director of the Security Police Bureau, and the Provincial Public Security Director shall directly direct the mobilization of forces and means to resolve the situation at the target where their units have deployed protective forces; closely coordinate with relevant units of the Public Security, military forces, agencies with targets, local authorities, and related agencies;

b) If necessary, the Director of the Security Police Bureau, and the Provincial Public Security Director shall report to the Minister to decide on the deployment of mobile police forces, special police forces of the Ministry, and other functional forces under the Ministry of Public Security and Provincial Public Security to cooperate in resolving the situation.

Article 16. Reporting System

1. Officers and soldiers performing armed guard duties to protect the target must immediately report to the unit commander in the following cases:

a) Incidents occur within the target area affecting the security, order, and safety of the protected target;

b) Discovering individuals attempting to enter the target;

c) Discovering suspicious phenomena or activities violating regulations by staff of the agency with the protected target, including diplomatic staff;

d) Discovering other events or phenomena causing disruption of public order and safety around the protected target.

2. Reporting system of the security police unit protecting the target:

a) Daily reporting on the work situation of the unit to the immediate superior unit commander;

b) Periodic reporting every week, month, quarter, six months, and year on the work situation of the unit to the leadership and unit commander of the superior level;

c) Immediate reporting when incidents occur;

d) In emergency situations such as terrorism, riots, armed sabotage, and hostage-taking, reports may be made directly to higher-level commanders and leaders with authority to resolve the situation.

Article 17. Training and professional development for officers and soldiers of the Protective Police

Annually, officers and soldiers of the Protective Police shall be trained on regulations, military affairs, martial arts, shooting, and provided with legal knowledge, professional skills, and other issues related to the functions and tasks of the Protective Police. The training and professional development funds shall be allocated annually as prescribed.

Chapter III

IMPLEMENTATION

Article 18. Effective Date

This Circular takes effect from March 8, 2011; replacing the Provision on Armed Guarding and Protection Work for Targets by the Protective Police and Judicial Support Force issued together with Decision No. 215/2007/QĐ-BCA(C11) dated March 15, 2007 of the Minister of Public Security.

Article 19. Responsibility for Implementation

1. The Director of the General Administration of Administrative Police for Social Order and Safety shall have the responsibility:

a) Directing, guiding, and inspecting the implementation of this Circular;

b) To direct the Protective Police Bureau to organize protective forces for targets according to the classification of the Ministry of Public Security; compile materials and organize training and professional development for officers and soldiers of the Protective Police force; study and build projects and prepare budgets for equipping weapons, auxiliary tools, technical equipment, and guard towers to serve armed guarding and protection work for targets by the Protective Police force.

2. The Director of the General Administration of Building the People's Public Security Force shall have the responsibility to coordinate with the General Administration of Administrative Police for Social Order and Safety to research and propose to the Minister to decide on the organizational model, staffing, training plans, and professional development in legal knowledge, professional skills, military affairs, martial arts, and other relevant issues for officers and soldiers of the Protective Police.

3. The Director of the General Logistics and Technical Administration shall have the responsibility to coordinate with the General Administration of Administrative Police for Social Order and Safety to research and propose appropriate equipping of weapons, means, and auxiliary tools to serve armed guarding and protection work for targets by the Protective Police force.

4. The Director of the Finance Bureau shall have the responsibility to review and submit to the leadership of the Ministry for approval the budget for equipping weapons, auxiliary tools, technical equipment, guard towers, training, and professional development for officers and soldiers performing armed guarding and protection tasks for targets to serve armed guarding and protection work for targets by the Protective Police force.

5. The Commander of the Mobile Police Command shall have the responsibility to coordinate with the General Administration of Administrative Police for Social Order and Safety and provincial public security organs to identify targets that may experience terrorism, riots, armed sabotage, and hostage-taking; develop combat plans, organize drills; deploy forces, weapons, auxiliary tools, and means to participate in resolving situations that arise.

6. The Director of Provincial Public Security Organs shall have the responsibility to arrange officers and soldiers to perform armed guarding and protection tasks for targets in their locality according to the classification of the Ministry of Public Security.

7. The Directors of the various General Administrations, Heads of units directly under the Ministry, Provincial Public Security Directors, and Directors of Fire Prevention, Firefighting, Rescue, and Disaster Relief Departments within the scope of their functions and duties shall have the responsibility to coordinate with the General Administration of Administrative Police for Social Order and Safety in providing information and materials related to armed guarding and protection work for targets, coordinating in handling cases related to national security and social order and safety occurring at targets; organizing the implementation of this Circular.

During the implementation process, if any difficulties arise, local public security units shall report to the Ministry (through the General Administration of Administrative Police for Social Order and Safety) for timely guidance.