Decree No. 04/CP Issuing the Regulation on Protection of National Defense Works and Military Areas

DECREE OF THE GOVERNMENT

Issuing regulations on the protection of national defense works and military zones

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Ordinance on Protection of National Defense Works and Military Areas dated May 19, 1994;

At the proposal of the Minister of National Defense,

DECREE:

Article 1. This Decree promulgates the Regulations on the Protection of National Defense Works and Military Zones.

Article 2. This Decree takes effect from the date of signature. Previous provisions contrary to this Decree are abolished.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of People's Committees of provinces and centrally-administered cities shall be responsible for implementing this Decree./.

REGULATIONS ON THE PROTECTION OF NATIONAL DEFENSE WORKS AND MILITARY ZONES

(Issued together with Decree No. 04/CP dated January 16, 1995 of the Government)

PART I

GENERAL PROVISIONS

Article 1. National defense works and military zones on the territory of the Socialist Republic of Vietnam shall be registered, classified, delineated, and uniformly managed by the Government.

Article 2. Based on their nature and purpose, national defense works and military zones are divided into four categories:

1. Category 1: National defense works and military zones of special importance that reflect strategic defense tasks or have a decisive role in combat effectiveness.

2. Category 2: National defense works and military zones important for border defense, airspace, sea, and island defense.

3. Category 3: National defense works and military zones serving combat operations, training, exercises, experiments, and scientific research of armed forces units.

4. Category 4: National defense works of general nature; works serving evacuation and sheltering; ancient citadels, old forts, old bunkers, trenches, and pillboxes not currently in use but still managed and protected for potential future use.

Article 3. Restricted areas, protective zones, and safety belts are determined based on the nature and purpose of each national defense work and military zone.

Restricted areas are marked by walls, fences, moats, boundary markers, or specific signs and signals. Only authorized personnel may enter restricted areas. These areas are subject to regular patrols and are prohibited from filming and photography.

Protective zones are marked by boundary markers, signs, or specific signs and signals. Entry, movement, filming, and photography within protective zones require permission from the management authority.

Safety belts are defined by agreements between People's Committees of districts, towns, cities under provinces, and people's armed forces units managing national defense works and military zones.

The Ministry of National Defense compiles lists and determines restricted areas, protective zones, and safety belts for each category of national defense works and military zones, submitting them for approval by the Prime Minister.

Article 4. The Ministry of National Defense prepares budgets for the management and protection of national defense works and military zones in the annual state defense budget plan, submitting it for approval by the Government.

Provincial People's Committees directly under the Central Government prepare budgets for the management and protection of national defense works and military zones in the annual local budget plan, submitting them for approval by the Government.

PART II

TASKS AND LIMITS OF PEOPLE'S COMMITTEES AT ALL LEVELS AND MINISTRIES

Article 5. The Ministry of National Defense assists the Government in uniformly managing the protection of national defense works and military zones nationwide and conducts classification, issuing management and protection regulations for each category.

Article 6. Provincial People's Committees directly under the Central Government cooperate with people's armed forces units managing national defense works and military zones to determine boundaries on-site, land registry maps, and issue land use rights certificates to these units according to the law.

Article 7. People's Committees at all levels and local military agencies are responsible for organizing the management and protection of assigned national defense works and military zones; they coordinate with people's armed forces units managing and protecting such works and zones within their jurisdiction regarding security, confidentiality, disaster prevention and mitigation, handling violations of the law.

Article 8. Local authorities, public security units, and people's armed forces units managing national defense works and military zones jointly manage areas, build safe zones, handle violations within their authority, and annually or when necessary organize base security meetings to draw lessons from the protection of national defense works and military zones.

Article 9. Ministries, ministerial-level agencies, government agencies, and People's Committees at all levels, when drafting and reviewing urban planning, residential area planning; infrastructure construction plans, transportation, water resources, agriculture, forestry development plans; mineral resource exploitation plans; cultural and tourism development plans related to national defense works and military zones, must seek opinions from the direct management agency and obtain permission from the competent authority as stipulated in Article 16 of these Regulations. Construction permits shall not be granted for projects affecting or obstructing combat plans of defensive areas; those with significant height or large scale affecting weapon ranges and fields of fire, troop movements and attacks, near ammunition depots, explosives, fuel storage facilities; hindering aircraft takeoff and landing; narrowing channels or posing dangers to ships entering military ports. Unauthorized construction must be demolished at the expense of the builder.

In cases where national defense works and military zones need to be relocated or changed for other purposes, the decision is made by the Prime Minister. Organizations and individuals permitted to use the relocated site must compensate the people's armed forces unit for relocation and construction of replacement works.

Article 10. The Ministry of National Defense and the Ministry of Public Security jointly guide and instruct people's armed forces units to implement management, protection, and construction of safety belts around national defense works and military zones, and protect mineral resources, historical and cultural relics, scenic spots located within these zones.

Article 11. Military units responsible for managing and protecting national defense works and military zones must have specific protection plans and organize patrols and guards. They must regularly inspect and maintain the works, develop plans and measures to prevent deterioration and damage, repair and maintain the works according to technical requirements, and maintain equipment; they must also establish fire prevention and disaster response plans, ensuring sufficient rescue tools and means.

Local police forces are responsible for participating in the protection of national defense works and military zones within their jurisdiction.

CHAPTER III

ORGANIZATION FOR THE PROTECTION OF NATIONAL DEFENSE WORKS AND MILITARY ZONES

Article 12. National defense works and military zones classified as Type I shall be protected by dedicated security forces or directly by units stationed there.

Article 13. National defense works and military zones classified as Type II, III, and IV shall be directly protected by units stationed there or entrusted to local People's Committees and local armed forces.

Article 14. The protection of national defense works and military zones must ensure the confidentiality of their location, structure, shape, function, resistance capacity, and thickness of covering soil and rock layers; it must guarantee maintenance and warranty techniques; strictly manage specialized equipment and materials; prevent sabotage, intrusion, and fires and natural disasters.

Article 15. All acts of encroaching on land, exploiting soil and rock on the roof, around, or under the bottom, demolishing foundation, walls, body, base, doors, and equipment of the works; cutting down camouflage trees; investigating and spreading information about the location, structure, and purpose of national defense works and military zones are strictly prohibited.

Unauthorized use of specialized equipment and materials of national defense works for purposes other than intended; using or converting national defense works and military zones for other purposes without permission is strictly prohibited.

Article 16. Organizations and individuals constructing economic and civilian works affecting national defense works and military zones classified as Type I and II must obtain approval from the Prime Minister; for Type III and IV, consent from the Ministry of Defense is required.

Article 17. Production facilities discharging pollutants that affect the surrounding environment of national defense works and military zones must implement treatment measures before operation. Dumping pollutants that cause corrosion and destruction of the structure and equipment of the works is strictly prohibited.

Article 18. All national defense works and military zones must have files for management. Based on the nature of each type of work, the following types of files must be established:

Land registry maps or suitable scale diagrams marking the positions of the works at each level.

Land registry maps defining boundaries and certificates of land use rights.

Design drawings and completion drawings.

Drawings for renovation, covering, and camouflage.

Geological, hydrological, survey, construction, and final account documents of the works.

Records confirming the position, inspection, and supervision.

Directives (or orders) assigning management and protection tasks.

Article 18Files of national defense works and military zones are confidential documents stored at the following levels:

Files of Types I and II are stored at two levels: the Ministry of Defense and General Departments, Military Regions, Corps, and Services.

Files of Types III and IV are stored at two levels: General Departments, Military Regions, Corps, and Services, and Provincial Military Command, municipalities directly under the Central Government.

For direct management levels of national defense works and military zones, depending on the nature of each type, necessary files must be retained to serve management, use, and protection.

Article 20. Inspection and examination of national defense works and military zones are regulated as follows:

Annually, the Ministry of Defense organizes inspections and examinations of national defense works and military zones classified as Type I and II; Military Regions and equivalent levels organize inspections and examinations of national defense works and military zones classified as Type III and IV to assess quality and implementation of protection regimes.

Annually, the direct superior management level of national defense works and military zones must conduct inspections of the condition of the works and direct protection activities.

Emergency inspections and examinations of national defense works and military zones due to sabotage, natural disasters, fires, or immediate use may exceed regular levels.

Article 21. Annually, units managing and protecting national defense works and military zones report to superiors on a regular basis regarding the following contents:

Damage phenomena of the works, cracks, seepage, subsidence, and conditions in restricted areas, protection zones, and safety belts.

Condition of equipment deterioration of the works.

Implementation of protection regimes and security situations that have occurred.

Suggestions (budget requests, repair plans, management, and protection for the next year...).

In urgent cases beyond the unit's capability and authority, immediate reports to superiors for handling are required.

Article 22. Every five years, the Ministry of Defense compiles the situation to report to the Government on:

Current status of works and military zones.

Conditions of land and terrain in the area of national defense works and military zones.

Security situations related to the works.

Five-year plan for management and protection of national defense works and military zones.

PART IV

REWARD AND PENALTY

Article 23. Organizations or individuals with any of the following achievements will be considered for rewards according to the general system of the State:

Excellently completing the task of protecting national defense works and military zones;

Contributing efforts to the protection, repair, and upgrading of national defense works and military zones;

Braving danger to rescue works when incidents occur;

Discovering and reporting acts of infringement, destruction, or disclosure of secrets of national defense works and military zones.

Article 24. Organizations or individuals violating regulations on the protection of national defense works and military zones will be subject to administrative penalties or criminal responsibility according to the law, depending on the severity of the violation.

Fines paid into the state budget, compensation payments for damages are deposited into the national defense works and military zones protection fund of the direct management level of the works.

Article 25. Organizations or individuals entrusted with the responsibility of protecting national defense works and military zones who fail in their duties resulting in harm, damage, or deterioration of the works and military zones will be subject to the following forms of punishment:

Reprimand;

Warning;

Dismissal;

Terminate employment;

Pursue criminal responsibility in accordance with the provisions of law, if the act of negligence causes serious consequences.

CHAPTER V

FINAL PROVISIONS

Article 26. Based on this Regulation, the Ministry of National Defense shall issue specific regulations on the protection of defense works and military areas./.