Law on Mobile Police Force No. 04/2022/QH15

LAW

MOBILE POLICE

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Mobile Police Mobile Police.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the position, functions, tasks, powers, organization, and activities of the Mobile Police; ensures conditions for operation, regulations, and policies for the Mobile Police; and the responsibilities of agencies, organizations, and individuals related to the Mobile Police.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

1. Armed measures are methods and approaches using mental strength, physical strength, weapons, explosives, support tools, means, and technical equipment to enable the Mobile Police to perform their functions, tasks, and powers.

2. Officers and soldiers of the Mobile Police include officers, non-commissioned officers, and soldiers belonging to the Mobile Police.

Article 3. Position and Functions of the Mobile Police

The Mobile Police is a people's armed force under the People's Public Security of Vietnam, serving as the core force implementing armed measures to protect national security and ensure social order and safety.

Article 4. Principles of Operation of the Mobile Police

1. Placed under the absolute and direct leadership in all aspects by the Communist Party of Vietnam, and the command of the Ministry of Public Security.

2. Adhering to the Constitution, laws of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a party.

3. Relying on the people, mobilizing the strength of the people, and being subject to the supervision of the people; protecting the interests of the State, rights, and legitimate interests of agencies, organizations, and individuals as prescribed by law.

4. Combining closely armed measures with other work measures of the People's Public Security forces in performing assigned functions and tasks.

5. Ensuring centralized and unified command from central to local levels.

Article 5. Building the Mobile Police

1. The State builds the Mobile Police as revolutionary, regular, efficient, and modern; prioritizing resources for the development of the Mobile Police.

2. Agencies, organizations, and citizens of Vietnam have the responsibility to participate in building the Mobile Police clean and strong.

Article 6. Traditional Day of the Mobile Police

April 15 each year is the traditional day of the Mobile Police.

Article 7. International Cooperation of the Mobile Police

1. International cooperation activities of the Mobile Police are carried out in accordance with Vietnamese law, international treaties to which the Socialist Republic of Vietnam is a party, and relevant international agreements.

2. Contents of international cooperation include:

a) Exchanging information and experience in performing the tasks of the Mobile Police;

b) Training, exercises, support, transfer of equipment, means, science, and technology to enhance the capacity of the Mobile Police;

c) Preventing and combating terrorism, hostage-taking, hijacking of aircraft and ships, organized crime, transnational crime; search and rescue operations;

d) Other cooperative contents within the scope of the tasks and powers of the Mobile Police.

Article 8. Prohibited Acts

1. Opposing, obstructing the activities of the Mobile Police; retaliating, threatening, infringing upon the lives, health, honor, and dignity of officers and soldiers of the Mobile Police, agencies, organizations, and individuals participating in coordination, collaboration, support, and assistance to the Mobile Police in the performance of their duties or for official reasons.

2. Seizing, destroying, intentionally damaging, storing, producing, buying, selling, or illegally using weapons, explosives, support tools, means, and technical equipment of the Mobile Police.

3. Bribing, soliciting, or coercing officers and soldiers of the Mobile Police to act contrary to their assigned tasks and powers.

4. Impersonating officers and soldiers of the Mobile Police; forging, buying, selling, or illegally using uniforms, insignia, seals, special duty certificates of the Mobile Police.

5. Officers and soldiers of the Mobile Police abusing or misusing their positions, powers, and roles to violate the law, infringe upon the rights and legitimate interests of agencies, organizations, and individuals, or engage in harassment and create difficulties for agencies, organizations, and individuals.

Chapter II

TASKS, POWERS, ORGANIZATION, AND ACTIVITIES OF THE MOBILE POLICE

Article 9. Tasks of the Mobile Police Force

1. Advise the Minister of Public Security on armed measures to protect national security and ensure social order and safety; build a revolutionary, regular, elite, and modern Mobile Police Force.

2. Use armed measures primarily to counter acts of rioting and terrorism.

3. Use armed measures and other operational measures to perform the following tasks:

a) Attack and prevent individuals from carrying out hostage-taking actions, using violence to infringe upon, threaten to infringe upon the lives, health, and property of individuals and organizations.

b) Disperse gatherings of people causing disturbances to national security and social order.

c) Protect important events and targets related to politics, economy, diplomacy, science and technology, culture, society, and the transportation of special goods.

d) Patrol and control to ensure national security and social order.

4. Develop and rehearse plans to implement the tasks specified in Clause 2 and Clause 3 of this Article. The Minister of Public Security shall stipulate the procedures for developing and implementing plans of the Mobile Police Force.

5. Train and enhance regulations, military skills, martial arts, technical, and tactical skills for officers and soldiers of the Mobile Police Force and officers, soldiers, and students in the People's Public Security; take the lead and coordinate in training anti-terrorism work for specialized forces and forces mobilized to combat terrorism; participate in training protective services for protection forces under ministries, sectors, and localities as prescribed by law.

6. Manage, train, and utilize working animals to protect national security and ensure social order and safety.

7. Perform ceremonies within the People's Public Security and at important events as prescribed.

8. Coordinate and support other forces within the People's Public Security and agencies, organizations, units, and other forces in protecting national security, ensuring social order and safety, combating crime; preventing, mitigating, and responding to disasters, natural calamities, epidemics; search and rescue operations; building a nationwide movement to protect national security.

9. Perform other tasks as prescribed by the Law on Public Security Organs and relevant laws.

Article 10. Powers of the Mobile Police Force

1. Use weapons, explosives, support tools, means, and technical equipment as prescribed in Article 15 of this Law.

2. Carry weapons, explosives, support tools, means, and technical equipment with them into civil airports and onto civil aircrafts for performing tasks in any of the following cases:

a) Counterterrorism, rescuing hostages; suppressing individuals committing dangerous acts using weapons and explosives.

b) Protecting the transportation of special goods; escorting suspects and defendants charged with particularly serious crimes.

c) Using aircraft mobilized specifically for the Mobile Police Force by competent authorities to promptly address complex situations involving national security and social order.

3. Prevent and neutralize unmanned aerial vehicles and ultra-light flying devices directly attacking, threatening to attack, or infringing upon protected targets of the Mobile Police Force within restricted airspace areas as prescribed.

4. Handle administrative violations according to the law on handling administrative violations.

5. Mobilize personnel, means, and equipment of civilian agencies, organizations, and individuals in Vietnam as prescribed in Article 16 of this Law and relevant laws.

6. Require agencies, organizations, and individuals to provide blueprints and designs of buildings, headquarters, residences, means of transport, except for defense works, military zones, and means of transport under the management of the Ministry of National Defense; enter the headquarters of agencies, organizations, and residences of individuals as prescribed in Article 13 of this Law to counter terrorism and rescue hostages.

7. Other powers as prescribed by the Law on Public Security Organs and relevant laws.

Article 11. Protection of political, economic, diplomatic, scientific and technological, cultural, social events and important targets, and protection of special cargo transportation

1. The activities of the Mobile Police Force in protecting political, economic, diplomatic, scientific and technological, cultural, social events and important targets, and protecting the transportation of special cargo include:

a) Guarding, patrolling, and controlling;

b) Inspecting and controlling persons, means of transport, objects, and documents entering and exiting the protected target area;

c) Detecting, preventing, and handling acts that cause or threaten to cause security risks to the protected targets and special cargo shipments.

2. The Government shall specify the list of targets and special cargoes to be protected by the Mobile Police Force; the responsibilities of agencies, organizations, and individuals involved in coordinating and supporting the Mobile Police Force in performing their protective duties; and acts that cause or threaten to cause security risks to the protected targets.

Article 12. Patrols and controls to ensure security and public order

1. The Mobile Police Force patrols and controls areas, routes, and regions with complex security and public order situations, or during significant political events.

2. Such patrol and control activities must comply with legal provisions, plans, and schemes approved by competent authorities.

3. The activities of the Mobile Police Force in patrolling and controlling include:

a) Deploying personnel, equipment, weapons, explosives, and support tools for patrol and control tasks;

b) Inspecting and controlling persons, means of transport, objects, and documents as stipulated in Clause 4 of this Article;

c) Detecting, preventing, and handling violations of the law.

4. The Mobile Police Force may inspect and control persons, means of transport, objects, and documents in any of the following cases:

a) Detecting acts violating laws on security and public order;

b) Detecting criminals caught in the act, wanted persons, or those being sought;

c) Having grounds to believe that such persons, means of transport contain hidden objects, documents, or means used to violate the law, if not inspected and controlled immediately, these objects, documents, and means will be dispersed or destroyed.

5. The Minister of Public Security shall prescribe the procedures for the Mobile Police Force's patrol and control activities.

Article 13. Entering the premises of agencies, organizations, or personal residences to counter terrorism and rescue hostages

1. Entering the premises of agencies, organizations, or personal residences shall be carried out in accordance with the legal provisions on anti-terrorism.

2. In cases where the premises of units under the management of the Ministry of National Defense are entered, it shall be implemented according to the legal provisions on cooperation between the Ministry of Public Security and the Ministry of National Defense.

3. In cases where the premises of foreign diplomatic and consular agencies, international organization representative offices, and the residences of members of these agencies in Vietnam are entered, compliance with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party shall be observed.

Article 14. Measures of work of the Mobile Police Force

1. The Mobile Police Force implements measures of work in accordance with the Law on People's Police and relevant legal provisions to perform the tasks and powers prescribed in Articles 9 and 10 of this Law, with armed measures being the mainstay.

2. The Commander of the Mobile Police Force and the Director of Provincial Public Security shall decide on the application of measures of work as stipulated in Clause 1 of this Article, bearing responsibility before the law and superiors for their decisions.

Article 15. Use of weapons, explosives, auxiliary tools, means, and technical equipment

1. When performing independent tasks, officers and soldiers of the Mobile Police Force may use weapons, explosives, auxiliary tools, and fire service weapons according to the provisions of the Law on Management and Use of Weapons, Explosives, and Auxiliary Tools.

2. When performing organized tasks, the use of weapons, explosives, and auxiliary tools by the Mobile Police Force must follow the orders of the direct commander. The person issuing the order must comply with the provisions of the Law on Management and Use of Weapons, Explosives, and Auxiliary Tools, relevant laws, and be responsible before the law and superiors for their decisions.

3. The use of means and technical equipment when performing tasks by the Mobile Police Force shall be carried out according to plans approved by competent authorities.

4. The use of weapons, explosives, auxiliary tools, means, and technical equipment by the Mobile Police Force during training and exercises shall be implemented according to plans approved by competent authorities.

Article 16. Mobilization of civilians, means, and equipment

1. When performing tasks as stipulated in Clause 2 and Clause 3 of Article 9 of this Law, in urgent cases to protect national security, ensure social order and safety, or prevent ongoing or potential social damage, officers and soldiers of the Mobile Police Force may mobilize civilians, means, and equipment, and those using or controlling such means and equipment. In anti-terrorism operations, mobilization shall be carried out according to the provisions of the Law on Prevention and Combating Terrorism.

In urgent cases as provided herein, officers and soldiers of the Mobile Police Force may request foreign organizations and individuals to provide support and assistance to perform tasks in accordance with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

2. The authority to mobilize civilians, means, and equipment of organizations, institutions, and individuals is defined as follows:

a) Officers and non-commissioned officers of the Mobile Police Force may mobilize civilians, means, and equipment when performing independent tasks;

b) The direct commander of the Mobile Police Force at the scene decides to mobilize civilians, means, and equipment when performing organized tasks.

3. Officers and soldiers of the Mobile Police Force who mobilize civilians, means, and equipment shall promptly return them after the urgent situation ends. If the mobilized civilians, means, and equipment suffer damage while performing tasks, they shall be entitled to benefits and compensation according to Clause 4 of Article 32 of this Law; units with mobilizing officers and soldiers shall be responsible for handling compensation according to relevant laws.

Article 17. Organizational System of the Mobile Police Force

1. The organizational system of the Mobile Police Force includes:

a) The Command of the Mobile Police Force;

b) Provincial-level Mobile Police Force.

2. The Minister of Public Security shall detail this provision.

Article 18. Duties and Responsibilities of Officers and Soldiers of the Mobile Police Force

1. Absolute loyalty to the country, people, Party, and State; strictly comply with the Party's policies, State's laws, People's Police Regulations, directives, and orders from superiors.

2. Respect and protect the legitimate rights and interests of agencies, organizations, and individuals; closely connect with the people, show respect, courtesy, and dedication in serving the people.

3. Be honest, brave, vigilant, ready to fight, and complete all assigned tasks excellently; protect national security, ensure social order and safety, resolutely combat crime and law violations.

4. Continuously study to improve political acumen, legal knowledge, professional skills, awareness of organizational discipline, physical fitness, tactical techniques, and proficiency in using equipment of the Mobile Police Force.

5. Bear responsibility under the law and to superiors for their decisions and actions when performing tasks and for the performance of subordinates under their jurisdiction.

Article 19. Responsibilities of the Commander of Mobile Police and the Director of Provincial Public Security

1. The Commander of Mobile Police shall be responsible for organizing the implementation of tasks and powers as prescribed in Articles 9 and 10 of this Law, and shall be accountable under the law and to the Minister of Public Security regarding the activities of the Mobile Police.

2. Within their scope of duties and powers, the Director of Provincial Public Security shall be responsible for directing the Mobile Police force under their authority to perform tasks and powers as prescribed in Articles 9 and 10 of this Law, and shall be accountable under the law and to the Minister of Public Security.

Article 20. Mobilization of Mobile Police to Perform Tasks

1. The Minister of Public Security shall mobilize the Mobile Police nationwide to perform tasks.

2. The Commander of Mobile Police shall mobilize the Mobile Police to perform tasks in the following cases:

a) Units of Mobile Police under their command performing tasks according to plans and schemes within their approval authority;

b) Units of Mobile Police according to schemes approved by superiors, authorized to approve, or when assigned to lead and command the resolution of specific situations;

c) Units of Mobile Police under their command performing tasks in urgent situations and simultaneously reporting to the Minister of Public Security.

3. The Director of Provincial Public Security shall mobilize units of Mobile Police under their command to perform tasks in the following cases:

a) Performing tasks according to plans and schemes approved by superiors or within their approval authority;

b) Performing tasks on their management territory in urgent situations and simultaneously reporting to the Minister of Public Security.

4. Commanders of Mobile Police units shall mobilize and utilize units under their command to perform tasks according to plans and schemes approved by competent authorities; mobilize units under their command to participate in preventing, combating, and mitigating disasters, natural calamities, epidemics, search and rescue operations, and simultaneously report to their direct superior commanders.

5. Mobilization of Mobile Police during wartime, emergency situations, martial law, and curfew shall be carried out in accordance with the provisions of the law and decisions of competent authorities.

Article 21. Coordination in the Performance of Mobile Police Tasks

1. Principles of coordination are stipulated as follows:

a) Coordination must be based on the tasks and powers of agencies, organizations, and functional forces as prescribed by law, decisions of competent authorities, and be consistent with actual circumstances;

b) Ensuring centralized and unified leadership in directing and commanding the performance of tasks; maintaining confidentiality of information about national defense and security and operational methods of agencies, organizations, and functional forces during coordination;

c) Ensuring proactivity, flexibility, specificity, and effectiveness, linked to the responsibility of the heads of leading and coordinating agencies.

2. Contents of coordination are stipulated as follows:

a) Protecting national security, ensuring social order and safety, fighting crime and violations of the law;

b) Resolving mass incidents causing disturbances to public order, riots, terrorism, and hostage-taking;

c) Patrols and controls to ensure security and order; protecting important political, economic, diplomatic, scientific and technological, cultural, and social events and securing the transportation of special goods;

d) Preventing, combating, and mitigating disasters, natural calamities, epidemics; searching, rescuing, and salvaging; building a nationwide movement to protect national security;

đ) Training, education, and capacity building;

e) Exchanging information and materials, drafting normative legal documents, disseminating, popularizing, and educating the law;

g) Implementing other related coordination activities.

3. Command mechanisms in coordinating the performance of Mobile Police tasks are stipulated as follows:

a) When resolving complex security and order incidents led by local party committees and governments with reinforcement from the Mobile Police Command, the Mobile Police Command shall be responsible for coordinating with local authorities to implement measures to resolve the incident and directly command the Mobile Police to perform tasks according to schemes approved by competent authorities;

b) When resolving complex security and order incidents led by the Ministry of Public Security, the Mobile Police Command shall be responsible for coordinating with relevant agencies, organizations, and units to advise the leadership of the Ministry of Public Security to implement measures to resolve the incident and directly command the Mobile Police to perform tasks according to schemes approved by competent authorities;

c) When resolving complex security and order incidents led by the Mobile Police Command, participating forces shall be directly commanded by the Mobile Police Command according to schemes approved by competent authorities.

4. The Government shall stipulate the responsibilities of agencies, organizations, and local authorities in coordinating the performance of Mobile Police tasks.

Chapter III

ENSURING ACTIVITIES AND REGIMES, POLICIES FOR MOBILE POLICE

Article 22. Funding and Material Bases for Mobile Police

The State ensures funding and material bases, land, offices, facilities for the activities of the Mobile Police in accordance with relevant laws.

Article 23. Equipment for Mobile Police

1. The State prioritizes investment in modern equipment, research, and application of scientific and technological achievements for the activities of the Mobile Police.

2. The Mobile Police are equipped with weapons, explosives, support tools, aircraft, ships, means, and technical equipment necessary to perform their assigned functions, tasks, and powers.

3. The Government shall provide detailed regulations on this Article.

Article 24. Uniforms, Police Badges, Flags, Rank Badges, Insignia, People's Public Security Identity Cards, and Special Work Certificates of the Mobile Police

1. The Mobile Police use uniforms, police badges, flags, rank badges, insignia, and People's Public Security identity cards in accordance with the Law on People's Public Security.

2. The Mobile Police have special insignia, special work certificates, training uniforms, and combat uniforms.

3. The Minister of Public Security shall provide detailed regulations for this Clause.

Article 25. Treatment and Policies for Officers and Soldiers of the Mobile Police

1. Officers and soldiers of the Mobile Police enjoy treatment and policies as stipulated by law for officers and soldiers of the People's Public Security.

2. When serving in the Mobile Police, officers and soldiers enjoy preferential policies and special treatment appropriate to the nature of their tasks and operational areas.

3. Officers of the Mobile Police are provided with official housing.

4. The Government shall provide detailed regulations for this Article.

Article 26. Recruitment of Citizens into the Mobile Police

1. Vietnamese citizens, regardless of gender, who possess political qualities, morality, health, and age suitable for the requirements of the tasks and voluntarily apply may be recruited into the Mobile Police.

2. The Mobile Police prioritize recruitment of citizens possessing professional expertise, technical skills, vocational knowledge, or talents suitable for long-term service in the Mobile Police.

3. The Minister of Public Security shall provide detailed regulations for this Article.

Article 27. Training, Instruction, Development, and Deployment of Officers and Soldiers of the Mobile Police

1. Officers and soldiers of the Mobile Police are trained and developed politically, legally, and vocationally; military training, martial arts, and other necessary knowledge are provided in accordance with assigned tasks and powers; talent development is encouraged for long-term service in the Mobile Police.

2. Officers and soldiers of the Mobile Police are organized according to staffing tables and deployed appropriately based on the characteristics, requirements of tasks, and operational areas of each unit and force.

3. The Minister of Public Security shall provide detailed regulations for this Clause.

Chapter IV

STATE MANAGEMENT AND RESPONSIBILITIES OF ORGANIZATIONS, GROUPS, AND INDIVIDUALS TOWARDS THE MOBILE POLICE

Article 28. Contents of State Management over the Mobile Police

1. Issuing, submitting to competent authorities for issuance, and implementing strategies, policies, and laws related to the Mobile Police.

2. Organizing and directing the activities of the Mobile Police.

3. Propagating, disseminating, and educating about laws related to the Mobile Police.

4. Recruiting, training, and developing officers and soldiers of the Mobile Police.

5. Implementing treatment and policies for the Mobile Police.

6. Inspecting, auditing, handling complaints and denunciations; summarizing, concluding, rewarding, and punishing violations of law in the activities of the Mobile Police.

7. International cooperation of the Mobile Police.

Article 29. State Management Responsibilities for Mobile Police

1. The Government shall uniformly manage state affairs concerning Mobile Police.

2. The Minister of Public Security shall be responsible to the Government for implementing state management over Mobile Police.

3. The Ministers, Heads of ministerial-level agencies, and People's Committees at provincial level, within their respective duties and authorities, shall have the responsibility to coordinate with the Minister of Public Security in implementing state management over Mobile Police.

Article 30. Responsibilities of People's Councils and People's Committees at Provincial Level

1. Coordinate with the Ministry of Public Security to plan land funds suitable for constructing headquarters, training grounds for Mobile Police.

2. Provide financial support and material resources for the activities of Mobile Police in accordance with the locality's capacity and the regulations on state budget.

3. Organize the dissemination, popularization, and education of laws related to Mobile Police.

4. Prioritize policies on social housing for officers and soldiers of Mobile Police in accordance with the law.

Article 31. Responsibilities of the Vietnam Fatherland Front and its member organizations

The Vietnam Fatherland Front and its member organizations, within their respective duties and authorities, shall have the responsibility to coordinate with relevant agencies and organizations in promoting and mobilizing the people to implement laws on Mobile Police; supervise the implementation of laws on Mobile Police; assist and support Mobile Police in performing their tasks.

Article 32. Responsibilities and Policies for Agencies, Organizations, and Individuals Participating in Coordination, Collaboration, Support, and Assistance to Mobile Police

1. Timely provide information and documents related to the work of Mobile Police to those authorized.

2. Comply with decisions and requests of Mobile Police as stipulated in Clause 6, Article 10 and Article 16 of this Law.

3. The State shall ensure the rights and legitimate interests of agencies, organizations, and individuals participating in coordination, collaboration, support, and assistance to Mobile Police in performing their duties and powers as prescribed by law and maintain confidentiality of information when required.

4. Agencies, organizations, and individuals participating in coordination, collaboration, support, and assistance to Mobile Police in performing their duties and powers who achieve outstanding results shall be rewarded; if they suffer property damage, they shall be compensated; if they suffer damage to reputation and dignity, they shall be restored; if they suffer injury, health impairment, or loss of life, themselves and their families shall enjoy benefits and policies as prescribed by law.

Chapter V IMPLEMENTATION PROVISIONS

Article 33. Effective Date

1. This Law shall take effect from January 1, 2023.

2. Decree No. 08/2013/PL-UBTVQH13 on Mobile Police shall cease to be effective from the date this Law takes effect.

This Law was adopted at the ___ session of the ___ National Assembly of the Socialist Republic of Vietnam. 3 on the date 14 the 6 year 2022./.