DECREE NO. 126/2008/ND-CP PROVIDING DETAILS AND GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE ORDINANCE ON THE PROTECTION OF CRITICALLY IMPORTANT PROJECTS RELATED TO NATIONAL SECURITY

DECREE

Detailed regulations and guidance on implementing certain provisions of the Ordinance on Protecting Important Works Related to National Security
This Decree provides detailed regulations and guidance on implementing certain provisions of the Ordinance on Protecting Important Works Related to National Security regarding the establishment of important works related to national security; protective forces, contents of protecting important works related to national security, and responsibilities of ministries, sectors, and levels of People's Committees in protecting important works related to national security.

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THE GOVERNMENT

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

Pursuant to the Ordinance on Protection of Works of Significant Importance Related to National Security dated April 20, 2007;

Considering the proposal of the Minister of Public Security,

DECREE:

Chapter I
GENERAL PROVISIONS

Article 1. Scope of Regulation

Vietnamese agencies, organizations, individuals; foreign individuals, organizations, and international organizations residing or operating within the territory of the Socialist Republic of Vietnam shall be responsible for implementing this Decree. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaties shall apply.

Article 2. Applicability

Article 3. Responsibilities of agencies, organizations, and individuals in protecting important works related to national security

Agencies, organizations, and individuals shall strictly implement the provisions of the Ordinance on Protecting Important Works Related to National Security, the provisions of this Decree, and other relevant legal provisions concerning the protection of important works related to national security; strictly comply with the requirements of the protective force and cooperate with the protective force to ensure absolute security and safety for important works related to national security.

Article 4. Propaganda, dissemination, and legal education on protecting important works related to national security

1. Agencies, organizations, and People's Committees at all levels shall be responsible for propagating, disseminating, and educating members of their agencies, organizations, and the public about legal provisions on protecting important works related to national security and awareness of compliance with the law.

2. Information and propaganda agencies shall be responsible for organizing the propagation and dissemination of laws on protecting important works related to national security through mass media.

Article 5. Funding for ensuring activities in protecting important works related to national security

1. For works currently in the survey, design, and construction phases: funding for ensuring protective activities for the work shall be allocated from the basic construction investment capital.

2. For works that have been put into operation: funding for ensuring protective activities for the work shall be balanced and allocated in the annual budget estimate of the agency, organization, or included in the business costs or service costs of the agency, organization.

3. Funding for training and instructing the protective force of the agency, organization managing the work shall be allocated in the annual budget estimate of the Ministry of Public Security.

4. Costs for activities in protecting important works related to national security include:

a. Wages, fees, social insurance, health insurance (if applicable); rewards and other expenses for the protective force and agencies, organizations, and individuals participating in protective work as stipulated in this Decree and other relevant legal provisions;

b. Organizing surveys, reviews, evaluations, appraisals, and other necessary expenses for the appraisal of important items related to national security;

c. Office space and collective housing for the protective force;

d. Conducting drills and training; e. Purchasing uniforms and necessary equipment for the protective force.

5. Based on assigned tasks, agencies and organizations shall prepare, manage, use, and settle accounts for protection funding for important works related to national security in accordance with the provisions of the State Budget Law and guiding documents.

5. Based on the assigned tasks, the agencies and organizations shall establish budgets, manage, utilize, and settle accounts for funds related to the protection of important works concerning national security in accordance with the provisions of the State Budget Law and the guiding documents for its implementation.

Article 6. Treatment and policies for the protection force and for agencies, organizations, and individuals participating in protecting important works related to national security

1. Officers and staff members of the protection force for important works related to national security who achieve meritorious results shall be awarded and enjoy preferential treatment according to the provisions of the law; if they are injured or sacrifice their lives while performing their duties, bravely fighting to protect important works related to national security, they shall be recognized as war invalids or martyrs.

2. Agencies, organizations, and individuals participating in protecting important works related to national security who achieve meritorious results shall be awarded; if individuals suffer injuries, damage to health, or loss of life while participating in protecting important works related to national security, they and their families shall enjoy treatment and policies according to the State's regulations for agencies, organizations, and individuals participating in protecting national security.

3. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs to provide detailed guidance on this Article.

Chapter II

ESTABLISHING THE LIST OF IMPORTANT WORKS RELATED TO NATIONAL SECURITY

Article 7. Criteria for determining works included in the list of important works related to national security

Important works related to national security must meet all of the following criteria:

1. They must have one of the following characteristics:

a. They are particularly important material bases related to national security:

- Important defense and security works that, if an incident occurs or they are destroyed, will weaken the country's defensive capabilities or directly impact the existence of the regime.

- Cultural and information-communication works that, if destroyed or used as means of information and propaganda against the state government, will directly affect public opinion and the existence of the regime.

- Works using nuclear technology (research reactors, nuclear power plants), particularly important works in economic, political-social, transportation, dike, power, water conservancy, construction fields that, if an incident occurs or they are destroyed, will cause extremely serious consequences to the national economy, causing disasters to human life and the ecological environment.

b. They are places where many classified state documents, specimens, objects listed in the state secrets directory, or those of particular importance in political-diplomatic, cultural-historical, economic, scientific-technical aspects, and where activities researching and formulating policies within the scope of state secrets regularly take place.

c. They are places storing materials and substances particularly dangerous to humans and the ecological environment.

d. Other works as decided by the Prime Minister.

2. They require special and absolute safety measures during surveying, designing, constructing, managing, and using them according to the provisions of the Ordinance on Protecting Important Works Related to National Security, this Decree, and other relevant legal documents.

Article 8. Protective Zones for Important Works Related to National Security

1. The protective zone for important works related to national security is the limit above ground, on land, on water, below ground, and below water surrounding such works; the limit is measured in meters from the base of the work:

a. For works that have been specified in specialized legal documents regarding protective zones and safety areas, the specific limits of the protective zone shall be the safety area limits, plus additional increases in height, depth, length, and width as proposed by the Appraisal Council.

b. For newly constructed works or those not yet regulated by law concerning protective zones and safety areas, the scope of the protective zone shall be proposed by the Appraisal Council.

2. The Prime Minister decides on the scope of the protective zone for each work based on considering the proposal of the Appraisal Council.

Article 9. Preparation of Application Documents for Including Works in the List of Important Works Related to National Security

1. Based on the provisions of Articles 7 and 8 of this Decree, the Ministers, Heads of Ministries equivalent to Ministries, Government Agencies, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for preparing application documents and proposing to include works under their management in the list of important works related to national security. The application documents must be evaluated by the Appraisal Council and submitted.

2. The application documents for appraisal to include works in the list shall include:

a. A cover letter

b. An appraisal request letter signed by the Minister, Head of a Ministry equivalent to a Ministry, Government Agency, or Chairperson of a provincial or centrally governed city People's Committee;

c. Protection plans; staffing and organization of protection forces of the agencies or organizations managing the works.

3. For currently operating works, the application documents for appraisal to include works in the list shall include:

a. Documents as stipulated in Clause 2 of this Article;

b. In the cover letter, supplementing the following contents: summary of the work, name, function, mission, project owner, winning bidder, construction unit, start date of construction, commissioning date, management and operation unit; security situation related to the work; current protection force organization; location map of the work; directions for handling issues related to work protection requirements.

Article 10. Appraisal Authority for Application Documents to Include Works in the List of Important Works Related to National Security

The appraisal authority for application documents to include works in the list of important works related to national security is the Appraisal Council. The Appraisal Council is established by the decision of the Minister of Public Security or the Minister of Defense, with the following composition:

1. For the Appraisal Council established by the decision of the Minister of Public Security, the Council consists of:

a. The Minister of Public Security is the Chairman of the Council;

b. A Deputy Minister-level leader of the Ministry or sector, or Deputy Chairperson of the Provincial People's Committee where the work is located and representatives of leaders from the Ministries of Finance, Planning and Investment, Construction, and the Government Office are members of the Council;

c. Depending on the nature, scale, and characteristics of each work, the Chairman of the Appraisal Council decides on other members.

2. For the Appraisal Council established by the decision of the Minister of Defense (for works directly managed by the Ministry of Defense), the Council consists of:

a. The Minister of Defense is the Chairman of the Council;

b. Representatives of leaders from the Ministries of Public Security, Finance, Planning and Investment, Construction, and the Government Office are members of the Council;

c. Depending on the nature, characteristics, and scale of each work, the Chairman of the Appraisal Council decides on other members.

Article 11. Principles of Operation of the Appraisal Council

1. The Appraisal Council operates on the principle of collective discussion, voting, and decision-making by majority; in cases where the votes are evenly split (50/50), the Chairman of the Appraisal Council shall make the decision.

2. The Appraisal Council operates on a part-time basis and automatically dissolves after the issuance of a decision.

Article 12. Procedure for Appraising Applications to Include Projects in the List of Important Projects Related to National Security

1. Within 60 days from the date of receiving all appraisal files, and within 30 days from the date of receiving all files for amending and supplementing the list of important projects related to national security, the appraisal agency must conduct the appraisal and submit it.

2. The Chairman of the Appraisal Council is responsible for organizing copies and sending the appraisal application files to the members of the Council at least 15 days before convening the Appraisal Council meeting; if necessary, an on-site survey must be organized before convening the Appraisal Council meeting. The agency proposing the inclusion of the project in the list of important projects related to national security is responsible for coordinating and creating conditions for the Council's on-site survey.

3. Within 7 days from the end of the appraisal meeting, the Chairman of the Appraisal Council is responsible for submitting it.

4. Within 15 days from the date of receiving all re-appraisal application files, the appraisal agency must conduct the re-appraisal and submit it to the Government for decision.

Article 13. Removing Projects from the List of Important Projects Related to National Security

1. Based on the criteria for determining projects included in the list of important projects related to national security, each year, the Minister, Head of a ministry equivalent to a ministry, agency under the Government, Chairman of the People's Committee of provinces and centrally governed cities shall be responsible for reviewing and determining that the project no longer meets the criteria of being an important project related to national security and establishing a file and proposing to remove the project under their management from the list of important projects related to national security; the proposal file must be reviewed by the Appraisal Council and submitted.

2. The file proposing to remove a project from the list of important projects related to national security includes:

a. A cover letter

b. An appraisal request letter signed by the Minister, Head of a Ministry equivalent to a Ministry, Government Agency, or Chairperson of a provincial or centrally governed city People's Committee;

c. Other relevant documents concerning the proposal to remove the project from the list of important projects related to national security.

3. The procedures, formalities, and authority for reviewing and deciding to remove a project from the list of important projects related to national security are carried out as prescribed for the review and decision to include a project in the list of important projects related to national security.

Chapter III

PROTECTION OF IMPORTANT PROJECTS RELATED TO NATIONAL SECURITY

Article 14. Content of Protection of Important Projects Related to National Security

1. For projects during the survey, design, construction, and building phases:

a. Ensuring confidentiality safety (if the project belongs to the state secret list);

b. Ensuring construction safety, preventing theft, and substitution of types of materials and technical equipment according to the approved design;

c. During the construction process, ensuring compliance with the approved procedures and technical standards.

2. For projects already put into operation:

a. Ensuring state confidentiality (if the project belongs to the state secret list);

b. Internal protection against intrusion and sabotage;

c. Preventing and combating criminal acts and enemy damage to infrastructure and protective zones of the project;

d. Preventing other acts of law violation.

Article 15. Protection of works during planning, design, construction, renovation, and upgrading

1. Supervise the implementation of contents ensuring security and safety according to plans during the process of planning, designing, constructing, such as selecting suitable locations for protection requirements, arranging technical protection systems; requirements for guard posts and movements of security forces; fire prevention and firefighting systems; plans and measures to limit vulnerabilities or enhance technical factors in planning and design to serve protection needs.

2. In cases where there are changes in planning, design, or renovation and upgrading of works, specific proposals must be made by the head of the managing agency of the work and approval from the Minister of Public Security or the Minister of National Defense (for works directly managed by the Ministry of National Defense) is required, along with appropriate plans and measures for protecting the work.

Article 16. Protection of works during operation and exploitation

1. The operation and exploitation of important works related to national security must comply with procedures, regulations, and technical standards; agencies and organizations managing and operating the works must ensure the safety of the works, promptly address and rectify potential incidents; take proactive measures to prevent natural disasters and other factors threatening the works.

2. Develop and implement plans and measures to protect against and prevent acts that harm the safety of the works; organize practical exercises to respond to and handle unexpected situations.

Article 17. Management and use of protective zones for important works related to national security

1. Within the protective zone of important works related to national security, the following activities are prohibited:

a. Building residential houses and economic works;

b. Using fire, explosives, equipment, flammable and explosive materials, and flying objects carrying fire;

c. Agricultural, forestry, and fishing activities within 500 meters from the base of important works related to national security around the perimeter;

d. Exploration and exploitation of mineral resources;

e. Mooring transportation vehicles.

2. Within the protective zone of important works related to national security, the following activities are permitted:

a. Building works serving direct activities of important works related to national security;

b. Building small and medium-sized irrigation works, works serving fire prevention, explosion prevention, rescue, and relief;

c. Building small and medium-sized transportation infrastructure works to serve direct activities of important works related to national security and to serve fire prevention, explosion prevention, rescue, and relief.

3. In special cases requiring the use of land, water, or airspace for purposes other than those specified in Clause 2 of this Article, permission from the relevant authority is required.

4. Apart from the provisions of Clauses 1 and 2 of this Article, residing, producing, trading, entering, exiting, traveling, filming, photographing, and other activities within the protective zone of important works related to national security must be approved by the managing agency or organization.

5. When a fire or explosion occurs or there is a risk of fire or explosion at important works related to national security, all agencies, organizations, and individuals on the premises have the responsibility to cooperate with the commanding officer of the protection unit to promptly prevent and handle the situation. Strictly prohibit any individual without responsibility from entering the protective zone of important works related to national security during times of fire or explosion risk or when a fire or explosion is occurring or being addressed.

Article 18. Forces for protecting important works related to national security

1. The protective forces of the Ministry of Public Security shall be established by the Minister of Public Security and shall be responsible for protecting important works related to national security directly managed by the Ministry of Public Security and other important works related to national security when required by competent authorities.

2. The protective forces of the Ministry of National Defense shall be established by the Minister of National Defense and shall be responsible for protecting important works related to national security directly managed by the Ministry of National Defense.

3. The protective forces of agencies and organizations managing works shall be established by the heads of those agencies and organizations according to the guidelines of the Ministry of Public Security; depending on the scale and nature of the works, they may establish departments, divisions, or protection teams as appropriate. For agencies and enterprises with vertically organized protection systems, the grassroots-level protection forces must be directly managed and directed by their unit leaders while also being subject to guidance and training in protection operations from public security organs and higher-level protection organizations.

4. Individuals meeting the following criteria may be selected to join the protective forces of agencies and organizations managing works:

a. Being Vietnamese citizens aged 18 or older, having a minimum educational level of secondary school or equivalent;

b. Having a clear record; possessing full capacity for civil conduct; having good moral character, without prior criminal records;

c. Having professional qualifications suitable for work in protecting important works;

d. Adhering well to state policies and laws;

đ. Possessing health sufficient to perform protection duties.

Chapter IV

RESPONSIBILITIES OF MINISTRIES, SECTORS, PROVINCTION AND CITY PEOPLE'S COMMITTEES UNDER THE CENTRAL GOVERNMENT

Article 19. Responsibilities of the Ministry of Public Security

1. The Ministry of Public Security is responsible before the Government for uniformly managing state administration over the protection of important works related to national security, including the following contents:

a. Drafting, promulgating, or submitting to the Government for promulgation normative legal documents on the protection of important works related to national security;

b. Propaganda and education on laws regarding the protection of important works related to national security;

c. Organizing and directing protection activities for important works related to national security; developing content for training programs on politics, law, and protection operations for the protective forces of important works related to national security;

d. Receiving applications and organizing reviews to include works in the list of important works related to national security;

đ. Organizing research and application of scientific and technological progress to serve the protection of important works related to national security;

e. Inspecting, supervising, investigating, and handling violations against important works related to national security.

2. Organizing protection work for important works related to national security under the management of the Ministry of Public Security in accordance with the Ordinance on Protection of Important Works Related to National Security, this Decree, and other relevant legal provisions.

Article 20. Responsibilities of the Ministry of National Defense

1. Organizing protection work for important works related to national security under the management of the Ministry of National Defense in accordance with the Ordinance on Protection of Important Works Related to National Security, this Decree, and other relevant legal provisions.

2. Taking the lead and coordinating with relevant ministries and sectors to manage state administration over works under the management of the Ministry of National Defense.

3. Coordinating with the Ministry of Public Security and organizations managing important works related to national security to deploy appropriate forces and means to detect and prevent from afar any acts of harm to important works related to national security.

Article 21. Responsibilities of Ministries, ministerial-level agencies, and government agencies

1. Establishing lists and proposing amendments to the list of important works related to national security directly managed by ministries, ministerial-level agencies, and government-affiliated agencies, submitting them to the review board of the Ministry of Public Security for review, and submitting them to the Government.

2. Appointing representatives to participate in the review board and organizing the implementation of requirements set by the reviewing body during the review process.

3. Implementing guidelines on organization and protection operations issued by state administrative bodies responsible for the protection of important works related to national security.

4. Taking the lead and coordinating with ministries, ministerial-level agencies, and government-affiliated agencies to implement regulations on the protection of works under their management.

5. Creating conditions for project investors and units managing and operating works to fulfill their tasks of protecting the security and safety of works.

6. Propaganda and education on awareness and responsibility for protecting important works related to national security for cadres, staff, and workers at works. Organizing the implementation of mass movements for the protection of national security.

7. Handling violations of laws on the protection of important works related to national security within their authority.

Article 22. Responsibilities of Provincial People's Committees under the Central Government

1. Establishing lists and proposing amendments to the list of important works related to national security directly managed by their locality, submitting them to the review board of the Ministry of Public Security for review, and submitting them to

2. Appointing representatives to participate in the review board and organizing the implementation of requirements set by the reviewing body during the review process.

3. Implementing guidelines on organization and protection operations issued by state administrative bodies responsible for the protection of important works related to national security.

4. Directing and guiding lower-level People's Committees to carry out tasks of protecting important works related to national security under their management; participating in the management and protection of works under the management of central ministries and sectors and works invested in by organizations and individuals in their locality.

5. Propaganda and education for cadres, civil servants, and local residents to strictly comply with regulations on the protection of important works related to national security. Organizing the implementation of mass movements for the protection of national security.

6. Handling violations of laws on the protection of important works related to national security within their authority.

Chapter V

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 24. Guidance on Implementation and Organization of Enforcement

The Minister of Public Security shall guide or take the lead and coordinate with relevant ministries and sectors to provide detailed guidance on the implementation of this Decree. The Minister of National Defense shall guide or take the lead and coordinate with relevant ministries and sectors to provide detailed guidance on the implementation of this Decree for important works related to national security under the direct management authority of the Ministry of National Defense. The ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and chairpersons of provincial people's committees directly under the central government are responsible for enforcing this Decree.

Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.