Circular No. 09/2005/TT-BCA guiding the implementation of certain provisions of Government Decree No. 38/2005/NĐ-CP dated March 18, 2005 on measures to ensure public order.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 38/2005/NĐ-CP

dated March 18, 2005, of the Government on Certain Measures to Ensure Public Order

To Maintain Public Order

Pursuant to Decree No. 38/2005/NĐ-CP dated March 18, 2005, of the Government on Certain Measures to Ensure Public Order;

Pursuant to Decree No. 136/2003/ND-CP dated November 14, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

In order to contribute to maintaining public order and ensuring citizens' rights to freedom and democracy as stipulated by law, the Ministry of Public Security hereby provides detailed guidelines for implementing certain provisions of Decree No. 38/2005/NĐ-CP dated March 18, 2005, of the Government on Certain Measures to Ensure Public Order, as follows:

1. Responsibilities for Ensuring Public Order

Domestic agencies, organizations, and individuals; foreign organizations and individuals residing, studying, working, or living in Vietnam shall strictly comply with the provisions of Decree No. 38/2005/NĐ-CP dated March 18, 2005, of the Government on Certain Measures to Ensure Public Order (hereinafter referred to as Decree No. 38), the guidelines set forth in this Circular, and other relevant legal provisions concerning the maintenance of public order; respect general social norms; report promptly any acts violating laws on public order or infringing upon citizens' rights to freedom and democracy, including those of foreigners; and assist competent authorities in detecting, preventing, and promptly handling violations of laws on public order.

2. Acts Prohibited Under Article 5 of Decree No. 38 Include:

2.1. Exploiting citizens' rights to freedom and democracy to carry out, organize, incite, urge, instigate, bribe, deceive, compel, or encourage others to participate in unlawful mass gatherings, disrupt public order, or commit other illegal acts.

2.2. Hiring or being hired to assist others in committing acts that violate laws on ensuring public order.

2.3. Gathering in large numbers in public places, outside government offices, organizations, or in areas where international conferences, National Assembly sessions, People's Council meetings, or important political activities of the Party, State, and social-political organizations are taking place, contrary to legal regulations.

2.4. Conducting mass gatherings in public places without permission from the competent People's Committee, as prescribed by Decree No. 38 and the guidelines provided in this Circular.

2.5. Obstructing or affecting the normal operations of agencies, organizations, or leaders of Party, State, and Vietnam Fatherland Front Central and local organizations; obstructing or affecting traffic safety and order.

2.6. Disrupting public order or engaging in other acts that affect national security, public order, and daily life, contravening local customs, civilized behavior in public places, or causing environmental pollution.

2.7. Bringing banners, flags, placards, or similar items aimed at opposing the policies of the Party and the State or carrying weapons, explosives, toxic substances, flammable materials, stimulants, or other objects that may endanger the lives, health, property of others, or the assets of the State, organizations, and individuals during public mass gatherings.

2.8. Refusing to comply with prohibitive zones, protective zones, and instructions from responsible persons; obstructing or resisting law enforcement officers; committing acts that harm the lives, health, dignity, reputation, or property of others, or engaging in other violent acts such as shouting, cursing, smashing, insulting, threatening, or assaulting others.

2.9. Abusing positions, powers, or assigned tasks to shield, obstruct, or fail to handle violations of laws on ensuring public order seriously.

3. Principles for Handling Violations of Laws on Ensuring Public Order

3.1. All acts violating laws on ensuring public order must be detected promptly and handled strictly according to the law.

3.2. Local People's Committees where unlawful mass gatherings occur or other violations of laws on ensuring public order take place shall be responsible for organizing measures to ensure public security and order, dispersing unlawful mass gatherings, and dealing with violators according to the law, in coordination with the People's Committees where the violators reside and other competent authorities.

3.3. Measures such as temporary detention, seizure of means of transportation, body searches, vehicle searches, or other coercive measures shall only be applied after guidance, education, persuasion have been attempted but the violator continues to refuse compliance, deliberately violates, resists, disrupts public order, or commits serious violations of the law.

3.4. For cases where citizens exploit their freedoms to conduct unlawful mass gatherings aimed at overthrowing the people's government or where unlawful mass gatherings involve the use of force, weapons, explosives, toxic substances, flammable materials, or other tools that could endanger the lives, health of others, or cause damage to the assets of the State, organizations, and individuals, in addition to applying the provisions of Decree No. 38 and the guidelines in this Circular, competent authorities shall also apply other legal measures to promptly prevent and strictly deal with such violations.

4. Regulations on Mass Gatherings in Public Places

4.1. Activities involving the concentration of a large number of people in public places as prescribed by Decree No. 38 and guided in this Circular are cases where organizations gather five or more people at common areas serving everyone such as sidewalks, streets, squares, economic, cultural facilities, community living spaces; at locations of state administrative agencies, political-social organizations or other public places for the purpose of making demands or proposals regarding issues related to the rights and legitimate interests of individuals, families, organizations, or to make demands or proposals regarding issues related to the general political and social life, to the rights and legitimate interests of other organizations and individuals.

4.2. All activities involving the concentration of a large number of people in public places as prescribed by Decree No. 38 and guided in this Circular must be registered in advance with the People's Committee of the district or the People's Committee of the province according to the guidance provided in Point 6 of this Circular. The time for conducting these activities may only take place between 8:00 AM and 5:00 PM daily, except where otherwise provided by law.

4.3. The provisions on registering activities involving the concentration of a large number of people in public places as prescribed by Decree No. 38 and guided in this Circular do not apply to activities organized by Party agencies, state agencies, the Vietnam Fatherland Front, and political-social organizations.

5. The person registering or the representative of the organization registering activities involving the concentration of a large number of people in public places.

5.1. The person registering or the representative of the organization registering activities involving the concentration of a large number of people in public places must be at least 18 years old, have full civil capacity, and not fall under any of the following circumstances:

a) A person currently being pursued for criminal responsibility, currently subject to a prohibition on leaving their place of residence, or currently serving a suspended sentence, a prohibition on residing, or probation; a person sentenced to imprisonment with suspended execution who is still within the probation period.

b) A person currently in the process of applying for other administrative measures according to the laws on handling administrative violations or currently serving administrative measures: probation; education at commune, ward, town level.

c) A person currently temporarily exempted from, temporarily suspended from, or temporarily exempted from executing a prison sentence or temporarily exempted from executing a decision to apply administrative measures to be placed in an educational facility, a medical facility, or a juvenile correctional school.

d) A person who has been convicted but has not yet had their criminal record expunged; a person who has been subject to administrative measures: education at commune, ward, town level; administrative probation; placement in a medical facility; placement in an educational facility; placement in a juvenile correctional school but has not yet completed the period required to be considered as not having been administratively penalized.

5.2. The person registering or the representative of the organization registering activities involving the concentration of a large number of people in public places shall bear legal responsibility for the content of the registration and the implementation of activities involving the concentration of a large number of people in public places. If violated, they will be strictly dealt with according to the provisions of the law.

6. Procedures for registering activities involving the concentration of a large number of people in public places

6.1. Before conducting activities involving the concentration of a large number of people in public places, the person registering or the representative of the organization registering such activities must submit the registration dossier for those activities to the People's Committee of the district or the People's Committee of the province where the activities are expected to take place, specifically as follows:

a) In the case where activities involving the concentration of a large number of people in public places only occur within the scope of a district, city district, town, provincial city (hereinafter referred to collectively as district level), then registration must be made with the People's Committee of the district where the activities are expected to take place.

b) In the case where activities involving the concentration of a large number of people in public places occur within the scope of multiple districts or only within the scope of one district, but involve participants from multiple districts, multiple provinces, or where people from one province gather in another province, then registration must be made with the People's Committee of the province or centrally-administered city (hereinafter referred to collectively as the People's Committee of the provincial level) where the activities are expected to take place.

6.2. The registration dossier for activities involving the concentration of a large number of people in public places includes:

a) The registration form for activities involving the concentration of a large number of people in public places (according to Form No. 01/ĐK attached to this Circular);

b) A brief curriculum vitae of the person registering or the representative of the organization registering activities involving the concentration of a large number of people in public places (according to Form No. 02/SYLL attached to this Circular).

When submitting the registration dossier, a citizen identification card or other substitute identification document must be presented for verification.

6.3. The staff receiving the dossier is responsible for checking the dossier; if it is complete and valid, they shall accept it and issue a receipt for the applicant to return at the specified deadline.

Within seven days (excluding Saturdays, Sundays, and holidays according to regulations), from the date of receipt of a valid registration dossier, the People's Committee of the district or the People's Committee of the province shall be responsible for directing relevant agencies to study and comprehensively consider all issues related to ensuring security and public order to decide whether to allow or not allow the conduct of these activities and must notify the applicant in writing (according to Form No. 03A/TB or Form No. 03B/TB attached to this Circular).

6.4. In the event of changes or supplements to the time, location, or other contents already registered in the registration form for activities involving the concentration of a large number of people in public places, the person registering or the representative of the organization registering such activities must submit a written request for change or supplement to the People's Committee where the initial registration was submitted for consideration and resolution; the time limit, procedures, and authority for resolving such changes or supplements shall be carried out according to the regulations applicable to initial registrations.

6.5. The submission and delivery of the documents mentioned in Points 6.1, 6.2, 6.3, and 6.4 above shall be conducted at the People's Committee of the district level or the People's Committee of the provincial level and must be recorded in the tracking logbook, with signatures from both the sender and the recipient of the documents.

7. Cases where the organization of mass gatherings in public places is not permitted.

The People's Committee of the district level or the People's Committee of the provincial level shall not permit the organization of mass gatherings in public places when there is one of the following situations:

7.1. There is one of the prohibited acts stipulated in Article 5 of Decree No. 38 and guided at Point 2 of this Circular.

7.2. The person registering or the representative of the organization registering the mass gathering in a public place falls under one of the cases specified in Point 5.1 of this Circular.

7.3. There is false declaration in the registration dossier for organizing a mass gathering in a public place.

7.4. The organization of a mass gathering in a public place may seriously affect national security, public order, the living environment, traditional customs and fine cultural traditions of the nation; have negative impacts on internal solidarity among the people, ethnic unity, religious harmony, and the implementation of other social policies of the Party and State.

8. Suspension, termination, or revocation of permission to organize mass gatherings in public places.

8.1. The Chairman of the People's Committee that has granted permission for organizing mass gatherings in public places or the Chairman of the higher-level People's Committee directly in charge has the authority to issue a decision to suspend, terminate, or revoke the permission to organize such activities if they fall under one of the following situations:

a) Violation of the provisions in Point 7 of this Circular;

b) Failure to comply with the contents recorded in the registration document;

c) The organization of these mass gatherings has already or will seriously affect national security, public order, the environment; have negative impacts on internal solidarity among the people, ethnic unity, religious harmony; contravene traditional customs and fine cultural traditions of the nation.

d) Participants in the mass gathering in a public place commit acts infringing upon the lives, health, honor, and dignity of others; damage state, organizational, or individual property; resist public officials in the performance of their duties or commit other serious violations of the law.

8.2. The decision to suspend, terminate, or revoke permission to organize a mass gathering in a public place must be in writing and sent to the organization or individual who submitted the registration dossier; in cases where the activities are ongoing, it must also be communicated to the participants in those activities to ensure compliance; simultaneously, it must be sent to the police agency at the same level for inspection and monitoring of compliance. In urgent cases requiring the maintenance of public order, the Chairman of the People's Committee with the appropriate authority may issue a verbal decision to suspend, terminate, or revoke permission to organize a mass gathering in a public place. Subsequently, a written notification must be issued to the person who submitted the registration dossier and the police agency at the same level; if the decision is made by the Chairman of the Provincial People's Committee, it must also be reported to the District People's Committee that granted the permission for follow-up and monitoring of compliance.

Relevant agencies, organizations, and individuals have the responsibility to strictly comply with the decisions of the Chairman of the People's Committee with the appropriate authority. Any intentional opposition or failure to comply with the decisions of the Chairman of the People's Committee, resistance to public officials, or other violations must be promptly prevented and dealt with strictly according to the law.

9. Regarding measures to maintain public order.

9.1. Based on specific requirements for maintaining public order, upon the proposal of the Director of Public Security, the Chairman of the Provincial People's Committee shall specify protected areas, areas prohibiting mass gatherings, recording, filming, and photographing; prohibit or limit the movement of people and vehicles on certain roads or entering and exiting specific areas.

In cases where there is no regulation by the Chairman of the Provincial People's Committee but urgent requirements for maintaining public order exist, the Head of Public Security at the district level must immediately report to the Director of Public Security at the provincial level to decide on establishing protected areas, areas prohibiting mass gatherings, recording, filming, and photographing; temporarily prohibiting or limiting the movement of people and vehicles on certain roads or entering and exiting specific areas. Subsequently, it must be reported immediately to the Chairman of the People's Committee at the same level for consideration and decision within their authority.

9.2. When illegal mass gatherings occur, the Chairmen of People's Committees at all levels are responsible for directing competent agencies to take timely measures to ensure public order and deal with violators. If necessary, immediate reports should be made to the direct superior for guidance.

9.3. For cases where illegal mass gatherings are organized to make demands or complaints about certain issues but proceed orderly, representatives of the authorities, relevant functional agencies, and public order protection forces must explain and guide everyone to disperse voluntarily and comply with legal regulations on complaints, denunciations, and public order maintenance.

In cases where guidance, education, persuasion, and requests for dispersal have been provided but the violators still do not comply or engage in disorderly conduct, a record must be made, and they must be required to immediately cease the violation. If they continue to intentionally refuse to comply or resist public officials, their personal identification papers must be checked, they must be searched, their means of transportation must be inspected, they may be temporarily detained, and evidence and means of transportation related to the violation may be seized and other necessary measures must be taken according to the law to ensure public order and deal with violators. If weapons or dangerous items are found to be carried by the violators, they must be immediately confiscated.

In cases where the violator is from another province, the People's Committee of the province where the illegal mass gathering took place shall be responsible for notifying the People's Committee of the violator's place of residence at the same level to cooperate in handling the matter. Upon receiving the notification, the People's Committee of the violator's place of residence must immediately dispatch personnel to organize the return of the violator to their place of residence.

9.4. For cases of illegal mass gatherings that use weapons, explosives, or other dangerous items to resist the people's administration, oppose, attack public officials performing their duties, disrupt public order, or commit particularly serious violations concerning public order maintenance, competent forces must proactively apply appropriate measures and use necessary support tools as prescribed by law, such as setting up barriers, temporarily suspending or prohibiting traffic on certain routes or entering specific areas, using support tools and other means to defend themselves appropriately, promptly prevent, and neutralize the opposing actions of violators.

9.5. While performing their duties, competent forces have the right to use weapons, support tools, and other means as prescribed by law. If necessary, they may temporarily requisition vehicles and their operators from agencies, organizations, and citizens according to the provisions of the law to serve the purpose of maintaining public order. After use, they must return them immediately to the owner; if lost or damaged, compensation must be provided according to the law.

10. Competent authority to apply measures to ensure public order.

10.1. The authority to apply and issue decisions on applying measures to ensure public order must be carried out strictly in accordance with the provisions of Decree No. 38, guidelines set forth in this Circular, and other relevant laws.

10.2. Police officers directly performing tasks to maintain public order are responsible for implementing and applying the following measures:

a) Explain and guide everyone to comply with legal regulations on ensuring public order, procedures, locations for receiving and resolving complaints and reports; persuade and request everyone to immediately cease any violation.

b) Check personal identification documents of violators;

c) Conduct administrative inspections of persons suspected of carrying prohibited items, documents, or equipment, when there is evidence suggesting that without immediate inspection, these items, documents, or equipment could be used for further violations or destroyed. When discovering evidence of violations, a temporary detention record must be established according to regulations;

d) Inspect transport vehicles and items involved in administrative violations; if necessary, report immediately to their direct superiors to issue a decision on temporarily detaining evidence and items involved in administrative violations;

đ) Arrest individuals caught committing offenses related to disrupting public order, resisting public officials, or other violations indicating criminal activity;

e) Use weapons, support tools, and other technical equipment and devices as prescribed by law to perform their duties and for self-defense;

10.3. Authority to decide on the use of weapons, support tools, water spray vehicles, service dogs, tear gas (smoke, water), explosive devices, and other special equipment and means for the purpose of maintaining public order is implemented as follows:

When incidents as described in Point 9.4 of this Circular occur, commanding officers from battalion commanders, company commanders, and leaders from county-level Public Security chiefs, city-level Public Security chiefs, and above have the authority to decide on the use of tear gas, explosive devices, service dogs, and other support tools and special equipment. Chiefs of various bureaus and directors of provincial-level Public Security departments have the authority to decide on the use of water spray vehicles and other support tools and special equipment to serve the purpose of maintaining public order.

These decisions must be in writing, except in urgent situations requiring security and public order maintenance, which can be made orally but must be reported to higher-level leadership for guidance afterward.

10.4. The Director of the National Police Bureau, the Director of the National Security Bureau, the Commander of the Presidential Guard Corps, the Director of the Bureau of Judicial Support Police, the Director of the Bureau of Administrative Management for Social Order, the Director of the Highway Traffic Police Bureau, the Director of the Waterway Traffic Police Bureau, the Director of the Fire Prevention and Control Police Bureau, the Director of Provincial Public Security Departments, and the Commanders of Mobile Police Battalions within their scope of duties and powers have the authority to decide on the application and guide subordinates to implement measures to ensure public order as prescribed by Decree No. 38 and guidelines in this Circular.

11. Implementation organization.

11.1. The Chairpersons of People's Committees at all levels shall direct functional agencies and lower-level People's Committees to strictly comply with legal regulations on ensuring public order as prescribed by Decree No. 38, guidelines in this Circular, and other relevant legal documents.

11.2. The Directors of the National Police Bureau and the National Security Bureau within their functional scope shall be responsible for directing, guiding, and supervising the implementation of Decree No. 38 and this Circular.

11.3. The Directors of Provincial Public Security Departments and Municipal Public Security Departments under the Central Government shall be responsible for coordinating with functional agencies to advise and propose to the Chairpersons of the same-level People's Committees and direct subordinate Public Security Departments to assist the People's Committees in implementing Decree No. 38 and this Circular.

Article 11.4. This Circular shall take effect fifteen days after its publication in the Official Gazette. All previous regulations of the Ministry of Public Security concerning public order that conflict with this Circular are hereby abolished.

Article 11.5. The Directors of the General Departments, Heads of agencies directly under the Minister, Provincial Police Chiefs, and Chiefs of Police in centrally governed cities, within their respective functions and duties, shall be responsible for implementing and guiding, inspecting, and urging the implementation of this Circular.

Any difficulties encountered during the implementation process should be reported to the Ministry of Public Security (through the General Department of Police and the General Department of Security) for timely guidance./.