Ordinance No. 08/2013/UBTVQH13 on Mobile Police

ORDINANCE

Mobile Police

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

Based on the Law on People's Public Security No. 54/2005/QH11;

Based on Resolution No. 23/2012/QH13 on the Program for Legislative Work in 2013, adjustment of the legislative program in 2012, and the term of the XIIIth National Assembly;

The Standing Committee of the National Assembly promulgates the Mobile Police Ordinance.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Ordinance stipulates the functions, tasks, powers, organization, operation of the Mobile Police; conditions for ensuring and policies for the Mobile Police; responsibilities of agencies, organizations, and individuals related to the Mobile Police.

Article 2. Applicability

This Ordinance applies to the Mobile Police and agencies, organizations, and individuals related to it, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Article 3. Position and Functions of the Mobile Police

The Mobile Police belongs to the People's Public Security, is a core force implementing armed measures to protect national security, maintain public order and social safety, and perform other tasks as prescribed by law.

Article 4. Principles of Operation of the Mobile Police

1. Under the leadership of the Central Party Committee of the Public Security and direct management and command of the Minister of Public Security; implement the single-command system combined with the political commissar and political instructor system at the Mobile Police Command.

2. Adhere to the Constitution and laws; subordinates obey superiors; protect the interests of the State, rights, and legitimate interests of organizations and individuals.

3. Closely combine propaganda, mobilization, education, persuasion with mobile intervention and timely suppression of activities infringing upon national security, public order, and social safety according to assigned functions and tasks.

4. Rely on the people, mobilize the strength of the people and the political system; be subject to supervision by the people.

Article 5. Building the Mobile Police

1. The State builds the Mobile Police as revolutionary, regular, elite, and modern.

2. Agencies, organizations, and individuals have the responsibility to participate in building, coordinating, and assisting the Mobile Police in performing their duties when requested.

3. The Mobile Police must select quality human resources suitable for assigned tasks.

Article 6. Prohibited Acts

1. Organizing, mobilizing, and using the Mobile Police contrary to the provisions of this Ordinance and other relevant laws.

2. Resisting or obstructing the Mobile Police in performing their duties.

3. Impersonating a member of the Mobile Police.

4. Producing, selling, or illegally using weapons, uniforms, insignia, and certificates of the Mobile Police.

5. Misusing or exploiting the duties and powers of the Mobile Police to cause inconvenience, harassment to the people, and infringe upon the interests of the State, rights, and legitimate interests of organizations and individuals.

6. Other violations of the law related to the Mobile Police.

Chapter II

TASKS, POWERS AND ORGANIZATION

OF THE MOBILE POLICE

Article 7. Tasks and Powers of the Mobile Police

1. Advising the Central Party Committee of the Public Security and the Ministry of Public Security on armed measures to protect national security, maintain public order and social safety, and build the Mobile Police force.

2. Implement combat plans against activities that undermine national security, armed riots, terrorism, kidnapping; suppress crimes using weapons; disperse unlawful disturbances and demonstrations.

3. Conduct patrols, inspections, and handle violations of laws concerning national security, public order, and social safety; conduct some investigative activities as prescribed by law.

4. Organize protection for important targets in politics, economy, diplomacy, science and technology, culture, special cargo shipments, conferences, and significant events as specified by the Government.

5. Participate in protecting court sessions, escorting defendants and plaintiffs, and supporting the protection of detention centers, temporary detention facilities, and the enforcement of criminal sentences as prescribed by the Minister of Public Security.

6. Organize training, political education, legal education, and professional development; develop and rehearse combat plans, patrol plans, and target protection plans according to the functions and tasks of the Mobile Police.

7. Organize the management, training, and use of working animals.

8. Perform ceremonial duties within the People's Public Security.

9. Participate in search and rescue operations, disaster prevention, mitigation, and response.

10. Participate and coordinate with local forces, units, and places of deployment in building mass movements to protect national security.

11. Have the right to mobilize individuals and organizations' personnel and means in emergency situations as provided for in Clause 2 of this Article or to pursue individuals and means violating the law, and to rescue victims.

12. Seize property to serve the activities of the Mobile Police in accordance with the law on requisition and seizure of property.

13. Have the right to request agencies, organizations, and individuals to provide blueprints, designs, drawings of buildings, and access to personal residences and agency offices to rescue hostages, suppress terrorist acts, and crimes using weapons. Access to diplomatic missions, consular posts of foreign countries, and international organization offices and residences of their members in Vietnam must comply with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

14. Manage weapons, explosives, support tools, and technical equipment for the activities of the Mobile Police as prescribed by the Minister of Public Security.

15. International cooperation in accordance with the law.

16. Perform other tasks and powers as prescribed by law.

Article 8. Organization of Mobile Police

1. The Mobile Police consists of:

a) Special Task Force;

b) Special Combat Forces;

c) Target Protection Forces;

d) Training and Utilization of Service Animals Forces.

2. The organization of the Mobile Police includes:

a) The Command of the Mobile Police Force;

b) Mobile Police of Provincial Public Security Departments under the Central Government.

3. The Minister of Public Security shall specify in detail the organization of the Mobile Police.

Article 9. Responsibilities of the Commander of Mobile Police and the Director of Provincial Public Security Departments under the Central Government

1. The Commander of Mobile Police is responsible for organizing and implementing the tasks and powers of the Mobile Police as stipulated in Article 7 of this Ordinance and is accountable to the law and the Minister of Public Security regarding the activities of the Mobile Police.

2. Within their functions, tasks, and powers, the Director of Provincial Public Security Departments under the Central Government is responsible for organizing and implementing the tasks and powers of the Mobile Police as stipulated in Article 7 of this Ordinance and is accountable to the law and the Minister of Public Security regarding the activities of the Mobile Police under their jurisdiction.

Article 10. Mobilization of Mobile Police

1. The Minister of Public Security has the authority to mobilize units of Mobile Police to perform tasks nationwide.

2. The Commander of Mobile Police has the authority to mobilize units of Mobile Police up to Battalion level under their command to perform tasks and must promptly report to the Minister of Public Security; in cases requiring mobilization of larger forces or mobilizing units of Mobile Police managing and using aircraft or watercraft, they must report and obtain approval from the Minister of Public Security.

3. Within their jurisdiction, the Director of Provincial Public Security Departments under the Central Government has the authority to mobilize units of Mobile Police under their command to perform tasks as stipulated in Article 7 of this Ordinance according to plans approved by competent authorities, and must promptly report to the Minister of Public Security and be responsible for their decisions.

4. Commanders of Mobile Police Battalions and Companies stationed independently have the authority to mobilize forces under their command to participate in search and rescue, disaster prevention, mitigation, and response operations and must promptly report to higher-level commanders.

5. Commanders of Mobile Police units have the authority to mobilize and utilize forces under their command to conduct armed operations according to training and drill plans approved by competent authorities.

6. Mobilization of Mobile Police during wartime or emergency situations shall be carried out in accordance with the provisions of the law.

7. Within their tasks and powers, the Commander of Mobile Police and the Director of Provincial Public Security Departments under the Central Government shall proactively coordinate in mobilizing Mobile Police within their areas.

Article 11. Use of Weapons, Explosives, Support Tools, and Technical Equipment of Mobile Police

1. The Mobile Police may use weapons, explosives, and support tools in accordance with the provisions of the law.

2. The firing of weapons by the Mobile Police in cases of armed insurrection or large gatherings disrupting security shall be carried out in accordance with the provisions of the law.

3. The use of technical equipment and specialized devices of the Mobile Police shall be implemented in accordance with the regulations of the Minister of Public Security.

4. The use of weapons, explosives, support tools, and technical equipment in training and drills shall be carried out according to plans approved by competent authorities.

Chapter III

ENSURING OPERATIONS AND REGIME, POLICIES

REGARDING MOBILE POLICE

Article 12. Ensuring Material Bases and Operating Funds for Mobile Police

Clause 1. The operating funds for Mobile Police shall be guaranteed by the state budget.

Clause 2. The state shall ensure land funds and construction funds for material bases, barracks, training grounds, practice fields, official housing, equipment, and other necessary conditions for Mobile Police.

Article 13. Equipment for Mobile Police

Clause 1. Mobile Police shall be prioritized to be equipped with firearms, explosives, support tools, aircraft, watercraft, technical means, and modern specialized equipment.

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

Article 14. Emblem, Certificate, Uniform for Mobile Police

Clause 1. Mobile Police shall have their own emblems, certificates, and uniforms.

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

Article 15. Training, Instruction, and Capacity Building for Mobile Police

Clause 1. Officers and soldiers of Mobile Police shall be trained, instructed, and capacity built on politics, law, professional knowledge, and other necessary knowledge suitable for assigned tasks.

Clause 2. Mobile Police shall coordinate with related forces to organize combat scenario drills, patrols, and target protection according to the plan of the Ministry of Public Security.

Article 16. System and Policies for Officers and Soldiers of Mobile Police

Clause 1. Officers and soldiers of Mobile Police shall enjoy systems and policies stipulated by law for officers and soldiers of the People's Public Security and special preferential systems suitable for the nature, tasks, and operational areas of Mobile Police.

Clause 2. Officers of Mobile Police who work stably and long-term at independent deployment areas shall be provided with official housing.

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

Article 17. Systems and Policies for Agencies, Organizations, and Individuals Participating in Coordination with Mobile Police to Fulfill Tasks of Safeguarding National Security and Maintaining Social Order and Safety

Clause 1. Agencies, organizations, and individuals who achieve outstanding results in participating in coordination with Mobile Police to fulfill tasks shall be considered for rewards; in cases of material losses, they shall be compensated according to the provisions of law.

Clause 2. Individuals who are mobilized or participate in coordination with Mobile Police to fulfill tasks and get injured or sacrifice themselves shall enjoy systems and policies according to the provisions of law.

Chapter IV

RESPONSIBILITIES OF AGENCIES AND

ORGANIZATIONS TOWARDS MOBILE POLICE

Article 18. Responsibilities of the Ministry of Public Security

Clause 1. Issuing or submitting to competent authorities for issuance of legal normative documents concerning Mobile Police within their authority.

Clause 2. Directing and organizing the implementation of legal normative documents concerning Mobile Police.

Clause 3. Managing the organizational system, staffing, and activities of Mobile Police; training, instructing, and capacity building for officers and soldiers of Mobile Police.

Clause 4. Issuing lists of types of firearms, explosives, support tools, technical means, and specialized equipment of Mobile Police.

Clause 5. Inspecting, auditing, rewarding, handling violations, and resolving complaints and denunciations related to Mobile Police.

Clause 6. Implementing international cooperation in information exchange, training, equipping, and other specialized fields for Mobile Police.

Article 19. Responsibilities of the Ministry of National Defense

Clause 1. Directing agencies and units under the Ministry of National Defense to coordinate with Mobile Police in preparing and implementing tasks of safeguarding national security and maintaining social order and safety; participating in combat scenario drills, patrol scenarios, and target protection according to the functions and tasks of Mobile Police.

Clause 2. Directing the organization to support Mobile Police in training and instructing the use of weapons, means, technical equipment, and other specialized fields according to the proposal of the Ministry of Public Security.

Article 20. Responsibilities of Ministries, Ministerial-Level Agencies, and Governmental Agencies

Within their respective tasks and authorities, Ministries, Ministerial-Level Agencies, and Governmental Agencies shall cooperate with the Ministry of Public Security to implement state management over Mobile Police in accordance with this Ordinance and other relevant laws.

Article 21. Responsibilities of People's Committees at all levels

Within their respective tasks and authorities, People's Committees at all levels shall ensure and create conditions for Mobile Police to perform their duties.

Article 22. Responsibilities of the Vietnam Fatherland Front and its member organizations

Within their respective tasks and authorities, the Vietnam Fatherland Front and its member organizations shall be responsible for disseminating information and mobilizing the people to strictly comply with laws on national security protection and social order and safety; supervising and assisting Mobile Police in performing their duties.

Chapter V

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

This Ordinance takes effect from July 1, 2014.

Article 24. Detailed Provisions

The Government shall provide detailed regulations for the provisions assigned in this Ordinance.