Decree No. 127/2006/NĐ-CP on ensuring conditions for national security protection activities and maintaining public order and social safety

 

DECREE

Regulations on ensuring conditions for national security protection activities and maintaining public order and social safety

Considering the proposal of the Minister of Public Security and the Minister of National Defense.

THE GOVERNMENT

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

Pursuant to the National Security Law dated December 3, 2004;

Pursuant to the Public Security Law dated November 29, 2005;

These Decrees provide detailed implementation of certain provisions of the National Security Law and the People's Public Security Law regarding the assurance of financial conditions, material infrastructure, mobilization of scientific and technological achievements, and national reserves to serve national security protection activities and maintaining public order and social safety (hereinafter referred to collectively as security and order).

DECREE

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

These Decrees apply to Vietnamese individuals and organizations; foreign individuals and organizations, and international organizations operating within the territory of Vietnam. In cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions, such provisions shall be applied.

Article 2. Applicability

Article 3. Principles for Ensuring Conditions for Security and Order Protection Activities

1. Based on the ability to balance the budget, the State ensures financial and material conditions that meet the requirements for security and order protection in all situations, prioritizing strategic, critical, and important areas for security and order.

2. When there is a threat to national security but not yet at the level requiring a state of emergency to be declared, all human resources, financial resources, material infrastructure, and scientific and technological achievements of organizations and individuals may be considered for mobilization by the State for national security protection activities.

In urgent situations, when security and order are seriously violated, all means of transportation, communication, and other technical means of organizations and individuals, as well as those controlling and using these means, may be considered for mobilization by the State to serve the maintenance of public order and social safety.

3. The State implements a timely and appropriate compensation policy according to market prices and legal regulations for individuals and organizations whose resources are mobilized for security and order protection activities.

4. Strictly prohibit acts of exploiting the assurance of conditions for security and order protection activities for unlawful purposes.

Article 4. Contents of Ensuring Conditions for Security and Order Protection Activities

1. Ensuring financial and material conditions for security and order protection activities include: financial investment, weapons and equipment provision, technical equipment, means of technical operations, land, office buildings, construction projects, industrial bases, and other material and technical conditions for security and order protection activities.

2. Mobilizing scientific and technological achievements to serve security and order protection activities includes: technology transfer and results of scientific research and technological development; ensuring material and technical infrastructure for training and research institutions of specialized agencies responsible for security and order; ensuring information capacity, databases, scientific and technological materials; supplementing forces, training, and enhancing scientific and technological personnel serving security and order protection activities.

3. National reserve ensuring conditions for security and order protection activities include long-term, medium-term, and annual reserves of funds and national stockpiles.

3. The National Reserve ensures conditions for security protection activities and public order, including long-term, medium-term, and annual reserves from the budget, national reserve goods.

Article 5. Forms and methods of mobilizing resources to serve security and public order protection activities

1. The mobilization of resources from organizations and individuals to serve security and public order protection activities shall be carried out through the forms of requisition, purchase, and utilization.

2. The mobilization of resources from organizations and individuals to serve security and public order protection activities shall be implemented through the following methods:

a) Compulsory when there are situations or factors directly affecting security and public order;

b) Agreements between specialized agencies responsible for security and public order protection and organizations and individuals;

c) Voluntary assistance from organizations and individuals to specialized agencies responsible for security and public order protection.

3. Based on specific circumstances, the competent authority shall decide on the application of methods to mobilize resources for security and public order protection activities.

Article 6. Benefits of organizations and individuals whose resources are mobilized for security and public order protection activities

1. In cases where the resources of organizations and individuals are compulsorily mobilized but not purchased, the specialized agency responsible for security and public order protection must immediately return such resources to the individual or organization providing them once the situation or factor directly affecting security and public order no longer exists. If damage occurs, the specialized agency responsible for security and public order protection shall bear responsibility for compensation in accordance with the provisions of the law.

2. Organizations and individuals whose scientific and technological achievements are mobilized to serve security and public order protection activities shall enjoy material and spiritual benefits in accordance with the provisions of the law.

3. The Ministry of Public Security shall take the lead and coordinate with the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Home Affairs, the Ministry of Science and Technology, the Ministry of Education and Training, the Ministry of Finance, and other relevant agencies and organizations to specify detailed preferential policies suitable for each method of mobilizing resources to serve security and public order protection activities.

Article 7. Safeguarding state secrets in ensuring conditions for security and public order protection activities

Activities ensuring budgetary, material infrastructure, and national reserve conditions for security and public order protection activities, and policies mobilizing scientific and technological achievements to serve security and public order protection activities must comply with relevant regulations on safeguarding state secrets.

Chapter II
ENSURING CONDITIONS FOR THE BUDGET AND MATERIAL INFRASTRUCTURE FOR SECURITY AND PUBLIC ORDER PROTECTION ACTIVITIES

Article 8. Budget for security and public order protection activities

1. The State budget for security and public order protection activities shall be balanced and allocated in the annual budget estimates assigned to Ministries, ministerial-level agencies, government agencies, central-level agencies, and People's Committees at all levels in accordance with the State Budget Law.

2. The preparation, use, and settlement of the State budget for security and public order protection activities shall be carried out in accordance with the State Budget Law.

Article 9. Material infrastructure serving security and public order protection activities

The material infrastructure serving security and public order protection activities shall be guaranteed by the State, including land, headquarters, facilities, equipment, weapons, auxiliary tools, transportation means, communication devices, technical equipment, and other material and technical conditions.

Article 10. Authority to requisition, purchase, and utilize material facilities for security and public order protection activities

Clause 1. The Prime Minister has the authority to decide on requisitioning, purchasing, and utilizing land, construction works, equipment, transportation means, communication facilities, and the operators of such means or other assets of organizations and individuals.

Clause 2. Specialized agencies responsible for security and public order have the authority to decide on utilizing construction works, equipment, transportation means, communication facilities, and the operators of such means or other assets of organizations and individuals.

Clause 3. The procedures and formalities for requisitioning, purchasing, and utilizing shall be carried out in accordance with the provisions of the law.

Article 11. Production, distribution of weapons, support tools, equipment, and technical means for security and public order protection activities

Clause 1. Annually, based on the requirements of security and public order protection tasks, specialized agencies responsible for security and public order will forecast the quantity and types of necessary weapons, support tools, equipment, and technical means for security and public order protection activities, report to the Minister of Public Security and the Minister of National Defense for decision-making on distribution.

Clause 2. Based on the distribution needs and actual conditions, the Minister of Public Security decides on the production and distribution of weapons, support tools, equipment, and technical means for the People's Public Security Forces; the Minister of National Defense decides on the production and distribution of weapons, support tools, equipment, and technical means for specialized forces responsible for security and public order within the People's Army. In cases exceeding their authority, the Ministers must report to the Prime Minister for decision-making.

For weapons, support tools, equipment, and technical means for security and public order protection activities that cannot be produced domestically or do not meet the demand, the Ministers of Public Security and National Defense must report to the Prime Minister for decision-making on importation.

Clause 3. Heads of specialized agencies responsible for security and public order at all levels, within their authority, are responsible for approving plans to distribute weapons, support tools, equipment, and technical means for the forces under their management for use according to their functions, tasks, and granted powers; organizing strict monitoring, inspection, and management to prevent loss, damage, misuse, or violation of the law.

Clause 4. The production and distribution of weapons, support tools, equipment, and technical means must strictly comply with the provisions of the law and regulations of the Ministry of Public Security and the Ministry of National Defense.

Article 12. Recovery, liquidation, and destruction of weapons, support tools, equipment, and technical means for security and public order protection activities

Clause 1. Officers and soldiers of specialized agencies responsible for security and public order who are assigned to manage and use weapons, support tools, equipment, and technical means must return them to the main unit when transferring to another job, retiring, changing profession, being disciplined with dismissal, or following decisions, orders, or requests from authorized persons.

Clause 2. For weapons, support tools, equipment, and technical means that have exceeded their service life or are of poor quality, heads of specialized agencies responsible for security and public order at all levels must prepare records for recovery and propose to relevant agencies under the Ministry of Public Security or the Ministry of National Defense for consideration and decision-making or recommendation on handling.

Clause 3. Relevant agencies under the Ministry of Public Security and the Ministry of National Defense, in collaboration with related agencies, organize the liquidation and destruction or submit to competent authorities for decision-making on the liquidation and destruction of weapons, support tools, equipment, and technical means according to the prescribed legal procedures and guidelines of the Ministry of Public Security and the Ministry of National Defense regarding recovery, liquidation, and destruction of weapons, support tools, equipment, and technical means.

Article 13. Construction and development of information infrastructure to serve activities for security protection and public order maintenance

1. The Ministry of Public Security, the Ministry of National Defense, in accordance with their functions and tasks, shall take the lead and coordinate with the Ministry of Posts and Telecommunications, the Ministry of Science and Technology, and the Government Office of Engineering and Technical Services to construct, develop, and modernize the information infrastructure of specialized agencies responsible for security protection and public order maintenance to meet the requirements of security protection and public order maintenance in all situations.

2. The Ministry of Public Security, the Ministry of Posts and Telecommunications, in accordance with their functions and tasks, shall take the lead and coordinate with the Ministry of Science and Technology and the Government Office of Engineering and Technical Services to formulate and promulgate regulations on ensuring the safety of postal networks, telecommunications networks, and information security for agencies, organizations, and individuals.

3. Agencies, organizations, enterprises, and individuals must comply with legal provisions on ensuring information security and the safety of postal networks and telecommunications networks.

Article 14. Investment and Development of Research Institutions, Training, and Education Facilities to Serve Activities for Security Protection and Public Order Maintenance

1. The Ministry of Public Security, the Ministry of National Defense, in accordance with their functions and tasks, shall take the lead and coordinate with relevant ministries and sectors to specifically define and implement preferential investment and development policies to modernize academies, research institutes, schools, and other training and research facilities under the specialized forces responsible for security protection and public order maintenance; apply scientific and technological achievements to security protection and public order maintenance work; organize training, upgrading, and instruction for scientific, technical, and professional staff at various levels to meet the needs of security protection and public order maintenance work; provide training and upgrade knowledge on security protection and public order maintenance for key officials of other agencies and organizations.

2. The State shall strengthen material and technical foundations for research and training institutions of specialized agencies responsible for security protection and public order maintenance, including:

a) Constructing laboratories, testing stations, national monitoring stations, and other technical facilities within the specialized fields of the agencies responsible for security protection and public order maintenance, and directly manage and utilize them through the Ministry of Public Security and the Ministry of National Defense;

b) Investing, supplementing, repairing, and upgrading laboratories and monitoring stations at research and training institutions of specialized agencies responsible for security protection and public order maintenance according to planning and annual plans.

3. The State shall have policies to supplement personnel, train, and upgrade human resources in science and technology to serve activities for security protection and public order maintenance, including:

a) Selecting and transferring scientific and technological cadres, civil servants, and employees from suitable professions to serve long-term or short-term in the specialized forces responsible for security protection and public order maintenance;

b) Organizing scientific and technological training and upgrading at training institutions of the specialized forces responsible for security protection and public order maintenance;

c) Prioritizing and creating conditions for specialized agencies responsible for security protection and public order maintenance to send qualified personnel to study and upgrade their scientific and technological qualifications both domestically and internationally, outside the specific training programs of the specialized forces responsible for security protection and public order maintenance.

Article 15. Prioritizing material conditions for strategic and critical areas

The Ministry of Public Security shall take the lead and coordinate with relevant ministries and sectors to study and propose to competent authorities the implementation of preferential policies for equipping weapons, support tools, equipment, technical means, land, offices, construction projects, and investment to strengthen industrial bases, scientific research facilities, communication systems, and other material and technical conditions to enhance security and public order activities in these areas.

Article 16. National reserve to ensure security and public order activities

The national reserve to ensure security and public order activities is part of the national reserve strategy. The Government shall have long-term, medium-term, and annual plans regarding the budget, national reserve goods, and other types of assets to ensure conditions for security and public order activities in all situations.

Determining the list of reserve items, reserve levels, planning, budget estimates, organizing implementation, financial management, and budget for the national reserve to ensure security and public order activities shall be carried out in accordance with the detailed regulations stipulated in Decree No. 196/2004/NĐ-CP dated December 2, 2004, of the Government on the implementation of the National Reserve Ordinance.

Chapter III
ENSURING CONDITIONS FOR SCIENCE AND TECHNOLOGY IN SECURITY AND PUBLIC ORDER ACTIVITIES

Article 17. Transfer of technology and results of scientific research and technological development

1. Ministries, ministerial-level agencies, government-affiliated agencies, People's Committees at all levels, state-owned enterprises, organizations, and individuals engaged in science and technology shall be responsible for transferring advanced scientific research results and technological development related to security and public order to specialized agencies responsible for security and public order according to the following methods:

a) Compulsory transfer in situations and factors directly affecting security and public order;

b) Contractual transfer in cases of commissioned orders;

c) Voluntary transfer in cases of voluntary contributions and assistance.

2. Cooperate with scientific and technological organizations within the People's Public Security Force and the People's Army to apply advanced techniques to solve tasks related to security and public order.

3. Relevant agencies and organizations shall be responsible for creating favorable conditions for the transfer of advanced scientific research results and technological development related to security and public order to specialized agencies responsible for security and public order. When conducting domestic scientific and technological activities as well as international cooperation, attention should be paid to high technologies and advanced techniques to produce multi-functional products that meet the requirements and tasks of security and public order.

Article 18. Building, strengthening, and enhancing information potential, databases, and scientific and technological materials

Relevant agencies and organizations shall closely cooperate with the Ministry of Public Security and the Ministry of Defense to build, strengthen, and enhance information potential, databases, and scientific and technological materials to serve security and public order activities including:

1. Exchanging and providing information and materials about new scientific and technological achievements both domestically and internationally, particularly those related to the field of security and public order.

2. Jointly exploiting scientific and technological data sources to serve security and public order activities.

3. Supporting the construction, repair, and upgrading of scientific and technological databases for specialized agencies responsible for security and public order.

4. Creating favorable conditions for the exploitation of archives of inventions, systems of technical standards and norms, measuring instruments, and national quality indicators.

Chapter IV
IMPLEMENTING PROVISIONS

Article 19. Rewards, Handling Violations, and Complaints and Accusations

1. Organizations and individuals who have achievements in ensuring conditions for security and public order activities pursuant to this Decree shall be rewarded in accordance with the provisions of the law.

2. Organizations and individuals who commit acts violating the provisions of this Decree shall be subject to disciplinary action, administrative penalties, or criminal prosecution, depending on the nature and severity of the violation, and if damage is caused, they must compensate according to the provisions of the law.

3. All organizations and individuals have the right to file complaints and accusations with competent state agencies regarding acts infringing upon the rights and legitimate interests of organizations and individuals carried out by security and public order officers and specialized agencies. The filing of complaints and accusations and the resolution thereof shall be conducted in accordance with the provisions of the Law on Complaints and Accusations.

Article 20. Effective Date

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

Article 21. Responsibility for Implementation

1. The Minister of Public Security, the Minister of National Defense, within their respective functions and responsibilities, shall be responsible for leading and coordinating with the Minister of Finance, the Minister of Planning and Investment, and relevant ministries and sectors in guiding, inspecting, and urging the implementation of this Decree.

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