Decree No. 07/2014/NĐ-CP on the organization, tasks, powers, and coordination of Anti-Terrorism Steering Committees at all levels

DECREE
Regulations on organization, tasks, powers, and coordination relations

 of Counter-Terrorism Steering Committees at all levels

 

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Prevention and Combating Terrorism dated June 12, 2013;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government issues this Decree to regulate the organization, tasks, powers, and coordination relations of Counter-Terrorism Steering Committees at all levels.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree regulates the organization, tasks, powers, and coordination relations of Counter-Terrorism Steering Committees at all levels.

Article 2. Applicability

This Decree applies to Counter-Terrorism Steering Committees at all levels; agencies, organizations, and citizens of Vietnam; foreign agencies, organizations, individuals, and international organizations residing or operating within the territory of Vietnam.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaties shall be applied.

Chapter II
ORGANIZATION OF THE COUNTER-TERRORISM STEERING COMMITTEE

Article 3. National Counter-Terrorism Steering Committee

1. The National Counter-Terrorism Steering Committee is an advisory body assisting the Government and the Prime Minister in organizing and directing anti-terrorism work throughout the country.

The Ministry of Public Security is the permanent agency of the National Counter-Terrorism Steering Committee and has a specialized advisory and support unit called the Permanent Office of the National Counter-Terrorism Steering Committee.

2. The composition of the National Counter-Terrorism Steering Committee includes:

- The Prime Minister, Chairman;

- The Minister of Public Security, Vice-Chairman;

- The Minister and Head of the Government Office, Member;

- The Minister of Foreign Affairs, Member;

- The Minister of Transport, Member;

- The Minister of Information and Communications, Member;

- The Minister of Health, Member;

- The Minister of Finance, Member;

- Governor of the State Bank of Vietnam, Member;

- Deputy Minister of Public Security in charge of security work, Permanent Member;

- Chief of General Staff of the Vietnam People's Army, Deputy Minister of Defense, Member.

3. In case of necessity, the Government decides to supplement members as Ministers or other high-ranking officials to join the National Counter-Terrorism Steering Committee based on the proposal of the Chairman of the Steering Committee.

Article 4. Counter-Terrorism Steering Committee of Ministries and Sectors

1. The Counter-Terrorism Steering Committee of Ministries and Sectors is an advisory body assisting the Minister or Head of a ministry-equivalent agency in organizing and directing anti-terrorism work within their respective ministries and sectors.

2. The composition of the Counter-Terrorism Steering Committee of Ministries and Sectors includes a Deputy Minister-level comrade as Chairman, and other members decided by the Minister or Head of a ministry-equivalent agency.

1. The Provincial Counter-Terrorism Steering Committee under Central Cities is an advisory body assisting the People's Council and the Chairman of the People's Council of provinces and centrally-administered cities in organizing and directing anti-terrorism work in provinces and centrally-administered cities.

The provincial or centrally-administered city Public Security Department is the permanent agency of the Provincial Counter-Terrorism Steering Committee under Central Cities and has a specialized advisory and support unit called the Permanent Office of the Provincial Counter-Terrorism Steering Committee under Central Cities.

2. The composition of the Provincial Counter-Terrorism Steering Committee under Central Cities includes:

- Chairman of the People's Council of the province or centrally-administered city, Chairman;

- Director of the provincial or centrally-administered city Public Security Department, Vice-Chairman;

- Director of the Department of Foreign Affairs (if any), Member;

- Director of the Department of Transport, Member;

- Director of the Department of Information and Communications, Member;

- Director of the Department of Health, Member;

- Director of the Department of Finance, Member;

- Deputy Director of the provincial or centrally-administered city Public Security Department in charge of security work, Permanent Member;

- Commander of the Capital Military Command (for the Counter-Terrorism Steering Committee of Hanoi City), Commander of the Ho Chi Minh City Military Command (for the Counter-Terrorism Steering Committee of Ho Chi Minh City), Commander of the Provincial Military Command (for the Counter-Terrorism Steering Committees of other centrally-administered cities and provinces), Member.

3. In case of necessity, the People's Council of the province or centrally-administered city decides to supplement members as Directors of departments or heads of other sectors to join the Provincial Counter-Terrorism Steering Committee under Central Cities based on the proposal of the Chairman of the Steering Committee.

Chapter III
TASKS AND POWERS OF THE COUNTER-TERRORISM

STEERING COMMITTEE

Article 6. Tasks and Authorities of the National Steering Committee for Counter-Terrorism

1. Implement the tasks and authorities stipulated in Clause 1, Article 13 of the Law on Counter-Terrorism.

2. Inspect, urge, and guide the Steering Committees for Counter-Terrorism of Ministries, sectors, provinces, and centrally governed cities to carry out counter-terrorism work.

3. Submit to the Prime Minister for issuance of plans to handle terrorist situations, mechanisms for directing and commanding the handling of terrorist situations.

4. Advise the Government and the Prime Minister to direct the resolution of terrorist incidents when it is necessary to declare a state of emergency regarding national security, public order, and social safety, or when there is a threat to national security, public order, and social safety but not reaching the level of declaring a state of emergency.

5. Perform other tasks and authorities assigned by the Government and the Prime Minister.

Article 7. Tasks and Authorities of the Steering Committee for Counter-Terrorism of the Ministry of Public Security

1. Assist the Minister of Public Security in organizing and directing the counter-terrorism work of the Ministry of Public Security; coordinate with other ministries, sectors, provincial people's committees, and centrally governed city people's committees to implement counter-terrorism work.

2. Advise the National Steering Committee for Counter-Terrorism on strategies, programs, plans, schemes, measures, and solutions for counter-terrorism; handling terrorism, mitigating, and limiting the consequences caused by terrorism.

3. Assist the National Steering Committee for Counter-Terrorism in inspecting, urging, guiding, summarizing, evaluating the implementation of laws, programs, and plans for counter-terrorism; monitoring and directing international cooperation on counter-terrorism; urging and directing the inspection of investigations and verifications of serious and complex terrorist cases.

4. Coordinate with the Steering Committees for Counter-Terrorism of Ministries, sectors, provinces, and centrally governed cities to advise on directing the handling of terrorist incidents; implementing counter-terrorism plans, conducting counter-terrorism drills approved by competent authorities.

5. Advise and assist the Minister of Public Security in overseeing and urging the activities of agencies and units within the People's Public Security Force tasked with anti-terrorism duties; guiding and urging the activities of the Steering Committees for Counter-Terrorism of Ministries, sectors, provinces, and centrally governed cities.

6. Advise the Minister of Public Security to direct the handling of terrorist incidents occurring at targets and areas under the management of the Ministry of Public Security, terrorist incidents occurring across multiple provinces and centrally governed cities, terrorist incidents exceeding the capacity of provincial and centrally governed city counter-terrorism forces but not falling under the provisions of Clause 4, Article 6 of this Decree; directing the mitigation and limitation of consequences caused by terrorism within the scope of functions and responsibilities of the Ministry of Public Security.

7. Perform other tasks and authorities assigned by the Minister of Public Security.

Article 8. Tasks and Authorities of the Steering Committee for Counter-Terrorism of the Ministry of National Defense

1. Assist the Minister of National Defense in organizing and directing the counter-terrorism work of the Ministry of National Defense; coordinate with other ministries, sectors, provincial people's committees, and centrally governed city people's committees to implement counter-terrorism work.

2. Coordinate with the Steering Committees for Counter-Terrorism of Ministries, sectors, provinces, and centrally governed cities to advise on directing the handling of terrorist incidents; implementing counter-terrorism plans, conducting counter-terrorism drills approved by competent authorities.

3. Advise and assist the Minister of National Defense in overseeing and urging the activities of agencies and units within the People's Army tasked with anti-terrorism duties.

4. Advise the Minister of National Defense to direct the handling of terrorist incidents occurring at targets and areas under the management of the Ministry of National Defense but not falling under the provisions of Clause 4, Article 6 of this Decree; directing the mitigation and limitation of consequences caused by terrorism within the scope of functions and responsibilities of the Ministry of National Defense.

5. Perform other tasks and authorities assigned by the Minister of National Defense.

1. Perform the duties and authorities prescribed in Clause 3, Article 13 of the Law on Counter-Terrorism.

2. Coordinate with the National Steering Committee for Counter-Terrorism under the Ministry of Public Security, the Ministry of National Defense, and the Provincial Steering Committee for Counter-Terrorism to assist the Minister and the Head of the equivalent ministry in organizing and directing counter-terrorism activities.

3. Perform other duties and authorities assigned by the Minister and the Head of the equivalent ministry.

1. Perform the duties and authorities prescribed in Clause 2, Article 13 of the Law on Counter-Terrorism.

2. Advise the People's Committee and the Chairman of the People's Committee of the province or centrally governed city to direct the handling of terrorist incidents occurring in their locality, except those incidents that fall within the advisory and directive responsibility of the National Steering Committee for Counter-Terrorism, the National Steering Committee for Counter-Terrorism under the Ministry of Public Security, and the Ministry of National Defense.

3. Perform other duties and authorities assigned by the People's Committee and the Chairman of the People's Committee of the province or centrally governed city.

Article 11. Operation System of the Steering Committee for Counter-Terrorism

2. The Minister of Public Security shall establish and define the functions, tasks, and organizational structure of the Office of the National Steering Committee for Counter-Terrorism and the Office of the Provincial Steering Committee for Counter-Terrorism under centrally governed cities; the Minister and the Head of the equivalent ministry shall define the functions, tasks, and organization of the units assisting the Steering Committee for Counter-Terrorism under their ministries and agencies.

Chapter IV
COOPERATIVE RELATIONSHIP OF THE STEERING COMMITTEE FOR COUNTER-TERRORISM

 

Article 12. Cooperation in Preventing Terrorism

1. The National Steering Committee for Counter-Terrorism shall guide, inspect, and urge the Steering Committees for Counter-Terrorism under ministries and agencies, and the Provincial Steering Committees for Counter-Terrorism to perform anti-terrorism prevention work.

2. The Steering Committees for Counter-Terrorism under ministries and agencies, and provinces or centrally governed cities shall report to the National Steering Committee for Counter-Terrorism on their anti-terrorism prevention work within their functions and tasks.

Article 13. Cooperation in Combating Terrorism

1. When a terrorist incident occurs or there is a risk of terrorism in a locality, the Provincial Steering Committee for Counter-Terrorism shall report to the National Steering Committee for Counter-Terrorism, the National Steering Committee for Counter-Terrorism under the Ministry of Public Security, and the National Steering Committee for Counter-Terrorism under the Ministry of National Defense. In cases where the terrorist incident exceeds the local counter-terrorism force's capacity to handle, the report must clearly state this and request the National Steering Committee for Counter-Terrorism, the National Steering Committee for Counter-Terrorism under the Ministry of Public Security, and the National Steering Committee for Counter-Terrorism under the Ministry of National Defense to advise the competent authority to direct the handling.

2. When a terrorist incident occurs or there is a risk of terrorism at targets or areas managed by the Ministry of Public Security, the National Steering Committee for Counter-Terrorism under the Ministry of Public Security shall report to the National Steering Committee for Counter-Terrorism. In cases requiring the declaration of a state of emergency regarding national security, public order, and social safety, or where there is a risk of threatening national security, public order, and social safety but not reaching the level of declaring a state of emergency, the National Steering Committee for Counter-Terrorism under the Ministry of Public Security shall report to the National Steering Committee for Counter-Terrorism to advise the Government, the Prime Minister to direct the handling.

3. When a terrorist incident occurs or there is a risk of terrorism at targets or areas managed by the Ministry of National Defense, the National Steering Committee for Counter-Terrorism under the Ministry of National Defense shall report to the National Steering Committee for Counter-Terrorism. In cases requiring the declaration of a state of emergency regarding national security, public order, and social safety, or where there is a risk of threatening national security, public order, and social safety but not reaching the level of declaring a state of emergency, the National Steering Committee for Counter-Terrorism under the Ministry of National Defense shall report to the National Steering Committee for Counter-Terrorism to advise the Government, the Prime Minister to direct the handling.

Chapter V
IMPLEMENTING PROVISIONS

Article 14. Effective Date

the Prime Minister to direct the handling.

Article 15. Responsibility for Implementation

This Decree takes effect from March 25, 2014.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.