Law on Security Guards No. 13/2017/QH14

LAW

Guarding

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

The National Assembly enacts the Guarding Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the objects of guarding, principles, guarding work; guarding measures and systems; tasks, powers, and responsibilities of the Guarding Force; responsibilities of agencies, organizations, and individuals towards guarding work; systems and policies for the Guarding Force and agencies, organizations, and individuals related to guarding work.

Article 2. Applicability

This Law applies to the objects of guarding, the Guarding Force, agencies, organizations, Vietnamese citizens, and foreign organizations and individuals residing or operating on the territory of the Socialist Republic of Vietnam related to guarding activities.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Guarding is special protection work organized and implemented by the State to ensure absolute safety for the objects of guarding.

2. Guarding work is the implementation of guarding measures to ensure absolute safety for the objects of guarding.

3. Guarding measures are methods and ways that the Guarding Force is authorized to apply to prevent, detect, and stop human actions and other factors that may harm the safety of the objects of guarding.

5. Access protection is a guarding measure carried out continuously and directly by guard officers to ensure absolute safety in all situations for the objects of guarding specified in Clause 1 and Clause 2 of Article 10 of this Law.

Article 4. Position and functions of the Guarding Force

The Guarding Force is a specialized force under the Ministry of Public Security and the Ministry of Defense responsible for national security protection, tasked with carrying out guarding work to ensure absolute safety for the objects of guarding.

Article 5. Principles of guarding work

1. Adhere to the Constitution and laws, ensuring the interests of the State, the rights and legitimate interests of organizations and individuals.

2. Placed under the absolute and direct leadership of the Communist Party of Vietnam in all aspects, unified management by the State, and direct guidance by the Ministers of the Ministry of Public Security and the Ministry of Defense.

3. Proactively prevent, detect, and promptly stop all plots, activities, and behaviors, and other factors that may harm the safety of the objects of guarding.

4. Rely on the people, mobilize the comprehensive strength of the political system and the whole society; combine open and covert operations to carry out guarding work.

5. Ensure centralized and unified command from central to local levels.

Article 6. Policies for the Guarding Force and guarding work

1. The State builds a revolutionary, regular, efficient, and modern Guarding Force.

Article 7. Systems and policies for agencies, organizations, and individuals participating in and coordinating to implement guarding work

1. The State ensures the rights and legitimate interests of agencies, organizations, and individuals participating in and coordinating to implement guarding work according to the law and keeps confidential information they provide.

2. Agencies, organizations, and individuals participating in and coordinating to implement guarding work who suffer damage to their reputation shall be restored, and those suffering property damage shall be compensated; individuals injured, harmed to health, or whose lives are endangered shall themselves and their families enjoy benefits and policies according to the law.

Article 8. International Cooperation in Protective Work

1. Activities of cooperation between the Vietnam Protective Force and foreign countries on Vietnamese territory and on foreign territory shall be carried out in accordance with international treaties, international agreements to which the Socialist Republic of Vietnam is a member, or directly agreed upon between Vietnam and the relevant country on the principle of reciprocity, ensuring compliance with Vietnamese laws and international practices.

2. The contents of cooperation include:

a) Exchanging information on protective work;

b) Coordinating the implementation of protective measures and systems;

c) Training, conducting exercises to enhance protective capabilities, and training skills related to protective work;

d) Providing technical support, specialized equipment, weapons, and supplies for protective work;

đ) Implementing other cooperative contents.

Article 9. Prohibited Acts in Protective Work

1. Using firearms, explosives, flammable substances, biological toxins, chemical toxins, radioactive materials, supportive tools, or other elements that pose danger and threaten the safety of protected subjects.

2. Resisting or obstructing the activities of the Protective Force and agencies, organizations, or individuals participating in or coordinating protective work.

3. Causing disorder, disrupting public order; gathering in large numbers illegally in areas or targets of protective work.

4. Disclosing confidential information related to protected subjects or protective work.

5. Forging, appropriating, buying, selling, using improperly, destroying, or distorting documents or materials related to protective work.

6. Misusing the duties or powers of the Protective Force or exploiting participation in or coordination of protective work to infringe upon the interests of the State, the rights, and legitimate interests of organizations or individuals.

7. Discriminating based on gender in protective work.

8. Actions that negatively impact the reputation, honor, or dignity of protected subjects; of Protective Force officers when performing their duties; of agencies, organizations, or individuals participating in or coordinating protective work.

Chapter II

OBJECTS OF GUARDING, MEASURES AND SYSTEMS OF GUARDING

Article 10. Protected Subjects

a) General Secretary of the Central Committee of the Communist Party of Vietnam;

b) President;

c) Chairman of the National Assembly;

d) Prime Minister;

đ) Former General Secretary of the Central Committee of the Communist Party of Vietnam;

2. International guests visiting or working in Vietnam including:

a) Heads of State, legislative bodies, and Government;

c) Guests invited by the General Secretary of the Central Committee of the Communist Party of Vietnam;

3. Critical areas include:

a) Work area of the Central Committee;

b) Working areas of

c) Work area of the National Assembly;

d) Working areas of the Government;

đ) Ho Chi Minh Mausoleum; Ho Chi Minh Museum; Presidential Palace Relic Site; Ba Dinh Square; Martyrs' Memorial at Bac Son Street, Ba Dinh District, Hanoi City;

e) The Minister of Public Security shall specify the scope of protection for critical areas as stipulated in points a, b, c, d, and đ of this clause.

4. Particularly important events include:

a) National Congress of the Party;

b) Central Committee Plenary Sessions of the Party;

c) Sessions of the National Assembly;

d) Sessions of the Politburo, Secretariat, National Defense and Security Council, Standing Committee of the National Assembly, Government;

1. For the General Secretary of the Central Committee of the Communist Party of Vietnam,

a) Access protection;

b) Regular patrol and guard at workplace and residence;

c) Security and safety checks on items, products, and means of transportation to detect explosives, flammable substances, biological toxins, chemical toxins, radioactive materials, and other dangerous objects; testing food and drinking water before consumption;

d) When traveling by car, police escort vehicles are arranged; when traveling by train, a separate carriage is provided; when traveling by air, a dedicated cabin or special aircraft is used; when traveling by ship, a private vessel with escort and protective forces is used, and personnel are deployed ahead to assess the situation and conduct surveys to develop and implement security plans;

đ) Other operational measures as prescribed by the National Security Law and the People's Public Security Law.

2. For former General Secretaries of the Central Committee of the Communist Party of Vietnam,

a) Access protection;

b) Regular guard at residence.

3. For members of the Politburo of the Central Committee of the Communist Party of Vietnam, the following protective measures and security regimes shall be applied:

a) Access protection;

b) Regular guard at workplace and residence;

c) When traveling domestically by car, police escort vehicles are arranged if necessary;

d) Other operational measures as prescribed by the National Security Law and the People's Public Security Law.

4. For Central Committee Secretaries of the Communist Party of Vietnam, Chairmen of the Central Committee of the Vietnam Fatherland Front, Vice

a) Access protection;

b) When traveling domestically by car, police escort vehicles are arranged if necessary;

c) Other operational measures as prescribed by the National Security Law and the People's Public Security Law.

5. In cases where political security and social order and safety are complex, additional forces and means of protection for protected subjects shall be strengthened.

1. For heads of state, legislative bodies, and governments of countries visiting Vietnam, the protective measures and security regimes specified in Clause 1 of Article 11 of this Law shall be applied, and escort means according to the diplomatic protocol of the State shall be arranged.

2. For deputies of heads of state, legislative bodies, and governments of countries visiting Vietnam, the protective measures and security regimes specified in points a and c of Clause 4 of Article 11 of this Law shall be applied, and when traveling by car during formal activities, police escort vehicles shall be arranged.

3. For guests invited by the General Secretary of the Central Committee of the Communist Party of Vietnam,

1. For the working area of the Central Committee,

a) Regular patrol and guard;

b) Inspection and control of people, objects, and means of transportation entering and exiting the area;

c) Security and safety checks when necessary;

d) Other operational measures as prescribed by the National Security Law and the People's Public Security Law.

2. For Ho Chi Minh Mausoleum, Ho Chi Minh Museum, Presidential Palace Relic Site, Ba Dinh Square, and Martyrs' Memorial along Bac Son Street, Ba Dinh District, Hanoi City, the following protective measures shall be applied:

a) Regular patrol and guard;

b) Security and safety checks when necessary;

c) Other operational measures as prescribed by the National Security Law and the People's Public Security Law.

Article 14. Security Measures for Particularly Important Events

1. Based on the scale, nature, location, and security situation at the time of organizing the event, the subjects specified in Clause 4 of Article 10 of this Law shall apply one or more of the following security measures:

a) Patrol and guard the area and location where the event is organized;

b) Temporary suspension of traffic activities within the area and location of the event;

c) Conduct security checks, control people, objects, and means entering and exiting the area and location where the event is organized;

d) Other operational measures as prescribed by the National Security Law and the People's Public Security Law.

a) Patrol and guard the concentrated accommodation area of representatives;

b) Conduct security checks and ensure safety of means transporting and receiving representatives;

c) Conduct security checks on food, drink, objects, and means entering and exiting the concentrated accommodation area of representatives;

d) Organize specialized forces and means when representatives conduct collective activities with large numbers, multiple groups traveling by car, train, or ship;

đ) Other operational measures as prescribed by the National Security Law and the People's Public Security Law.

Article 15. Rights and Responsibilities of Security Subjects

The subjects specified in Clause 1 and Clause 2 of Article 10 of this Law have the following rights and responsibilities:

2. Have the responsibility to comply with requirements regarding security measures and regimes as prescribed by this Law.

Chapter III

PROTECTION FORCES; TASKS, POWERS, RESPONSIBILITIES

OF THE SECURITY FORCE AND REGIME, POLICY FOR

 OFFICERS AND SOLDIERS OF THE SECURITY FORCE

Article 16. Security Force

a) Officers and soldiers of the Security Command under the Ministry of Public Security;

b) Officers and soldiers of the Military Security Protection Department under the Ministry of National Defense.

2. The Minister of Public Security and the Minister of National Defense shall specify the organization, staffing, positions, and equipment of the Security Force.

Article 17. Conditions and Standards for Selecting Personnel into the Security Force

1. Vietnamese citizens aged 18 years or older, regardless of gender, who have clear political qualities, morals, health, background, and voluntarily serve long-term in the Security Force.

2. Hold professional technical certificates, vocational qualifications, have aptitude and skills suitable for the special nature of security work.

3. The Minister of Public Security and the Minister of National Defense shall specify detailed standards for selecting personnel into the Security Force.

Article 18. Tasks of the Security Force

1. The Security Force under the Ministry of Public Security has the following tasks:

a) Take the lead and coordinate with relevant agencies and units to ensure absolute safety for security subjects in all situations;

b) Proactively collect information, analyze, assess, and forecast situations related to ensuring absolute safety for security subjects;

c) Advise and propose to the Minister of Public Security to issue documents to implement security work; organize coordination and cooperation to implement plans and schemes for protection;

d) Guide related forces to carry out security work;

đ) Study and apply science and technology to security work;

a) Ensure absolute safety for security subjects assigned by the Military in all situations;

b) Proactively collect information, analyze, assess, and forecast situations related to ensuring absolute safety for security subjects;

c) Advise and propose to the Minister of National Defense on security work in the Military; take the lead and coordinate with related units to implement plans and schemes to ensure absolute safety for security subjects when visiting or working in areas managed by the Military;

d) Coordinate with the Security Force under the Ministry of Public Security and other related forces to ensure absolute safety for security subjects assigned by the Military.

Article 19. Obligations and Responsibilities of Security Guards

1. Absolute loyalty to the Communist Party of Vietnam and the Socialist Republic of Vietnam; readiness to fight and sacrifice to ensure absolute safety for the protected individual.

2. Absolute confidentiality regarding security guard work; strict implementation of security measures as prescribed by this Law and other relevant laws.

3. Continuous study to enhance political resolve, professional expertise, and physical fitness to fulfill tasks.

4. Legal responsibility to superiors for their decisions when performing security guard duties.

1. The Commander of the Security Guard Command has the following authorities:

a) To decide on the application and use of investigative techniques as prescribed by law;

b) To request units of the People's Armed Forces, agencies, organizations, and individuals to provide information and materials related to security guard work and to cooperate and support the Security Guard force when necessary;

c) To mobilize people and means as stipulated in Article 22 of this Law;

d) To temporarily suspend or stop the use of communication devices, transportation means, or other activities on Vietnamese territory if there is evidence that such activities may pose a threat to the safety of the protected individual;

đ) To propose the temporary postponement or change of the work schedule or activities of the protected individual if there is evidence that such activities may pose a threat to the safety of the protected individual;

e) To refuse to implement requests not within the scope of security measures and regimes as prescribed by law on security guards;

h) To exercise other rights as prescribed by the National Security Law.

3. Security guards have the following authorities:

a) To use investigative techniques as prescribed by law;

b) To use weapons, explosives, and auxiliary tools as prescribed by this Law and the Law on Management and Use of Weapons, Explosives, and Auxiliary Tools; Special Protective Papers, technical investigative equipment, and signals of priority vehicles;

c) To carry weapons, technical equipment, and auxiliary tools into airports and onto aircraft;

d) To inspect and control persons, items carried, and means entering and exiting the protected area and target;

đ) To temporarily detain persons, items carried, and means entering and exiting the protected area and target if there is evidence that they may pose a threat to the safety of the protected individual;

e) To mobilize people and means as stipulated in Article 22 of this Law;

g) To request agencies, organizations, and individuals to assist and help ensure the safety of the protected individual in all situations.

4. Decisions to apply and use measures prescribed in Clause 1, Clause 2, and point e of Clause 3 of this Article must be in writing; in urgent cases, the person performing the duty may make a decision orally, but must immediately issue a written decision or report to the competent authority. The person making the decision shall bear legal responsibility for their decision.

Article 21. Rules for firing weapons when performing duties

Security officers and soldiers may only fire weapons while performing their duties in the following cases but must comply with the principles for using military weapons as stipulated in the Law on Management and Use of Weapons, Explosives, and Auxiliary Tools:

1. Warning individuals who are intruding into the protected area or target.

2. Firing at individuals who are intruding into the protected area or target after issuing a stop command and firing warning shots but without effect.

3. Disabling individuals who are directly attacking the protected individual or security officers and soldiers performing their duties.

4. Other situations specified in the Law on Management and Use of Weapons, Explosives, and Auxiliary Tools.

Article 22. Mobilizing people and means to carry out security protection work

1. In urgent situations, to ensure absolute safety for the protected individual, security officers and soldiers may mobilize people, communication means, transportation means, and other means, as well as the users and controllers of these means, except for means belonging to diplomatic agencies, consular agencies, representative offices of international organizations, and individuals enjoying diplomatic or consular privileges and immunities according to Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.

2. Security officers and soldiers who mobilize people and means shall be responsible for returning the means immediately after the urgent situation ends. If the mobilized person suffers damage while performing the task, they shall enjoy benefits and policies as prescribed in Clause 2 of Article 7 of this Law; if the mobilized means are lost or damaged, the agency that has the security officers and soldiers mobilizing them must compensate according to the law.

Article 23. Benefits and Policies for Security Officers and Soldiers

Security officers and soldiers shall enjoy benefits and policies as prescribed by law and special allowances, subsidies, and support as prescribed by the Government.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS TOWARDS SECURITY PROTECTION WORK

 WITH SECURITY PROTECTION WORK

Article 24. Responsibilities of the Government

1. The Government shall uniformly manage state administration over security protection work.

2. The Ministry of Public Security shall be responsible before the Government for implementing state management over security protection work.

Article 25. Responsibilities of the Ministry of Public Security

1. Ensuring absolute safety for the protected individual.

2. Submitting to competent state agencies for issuance or issuing within its authority normative legal documents on security protection.

3. Popularizing and educating about laws on security protection.

5. Organizing personnel, equipping means, and training cadres for security protection work under the Ministry of Public Security; organizing mid-term and final reviews, scientific research on security protection work.

6. Taking the lead and coordinating with ministries, agencies equivalent to ministries, government agencies, provincial People's Committees to implement security protection work.

7. Taking the lead and coordinating with relevant ministries and sectors to issue and guide the implementation of benefits and policies for security officers and soldiers under the Ministry of Public Security.

8. Inspecting, auditing, handling complaints and denunciations, and dealing with violations of laws on security protection.

9. Managing state administration over international cooperation in security protection work including:

a) Coordinating with foreign agencies in Vietnam, Vietnamese agencies abroad, and local functional forces to ensure absolute safety for the protected individual during their activities in that country.

b) Implementing international cooperation activities in security protection work according to Vietnamese and international laws.

Article 26. Responsibilities of the Ministry of National Defense

1. Ensuring absolute safety for the protected objects assigned to the Military.

2. Managing the Guard Force and guard work within the Military.

3. Disseminating and educating military personnel on laws related to guarding.

4. Organizing the apparatus, equipping means, and training officers for guard work under the Ministry of National Defense.

5. Taking the lead and coordinating with relevant ministries and sectors in promulgating and guiding the implementation of regulations and policies for officers and soldiers in guard work under the Ministry of National Defense.

6. Cooperating with the Ministry of Public Security in guard work.

Article 27. Responsibilities of Ministries, Agencies Equivalent to Ministries, and Government Agencies

1. Guiding subordinate agencies, organizations, and individuals under their management to implement laws related to guarding.

2. Organizing the dissemination and education on laws related to guarding at their own agencies.

3. Cooperating with the Ministry of Public Security and the Ministry of National Defense in state management of guard work.

Article 28. Responsibilities of Provincial People's Committees

1. Implementing and organizing the enforcement of legal documents on guard work at the local level.

2. Directing subordinate agencies to cooperate with guard forces to ensure absolute safety for protected objects operating in the locality.

3. Organizing the dissemination and education on laws related to guarding at the local level.

Article 29. Responsibilities of Provincial Police Departments and Municipal Police Departments under Central Cities

1. Implementing directives and guidance on guard work operations and executing orders from the Commander of the General Guard Command.

2. Organizing cooperation with guard forces and related agencies to carry out guard work in their jurisdictions.

3. When provincial police directors cooperate in carrying out guard work in the locality, they may use investigative measures as prescribed by law; temporarily prohibiting traffic around areas where important events take place, around residences and activity locations of protected objects in the locality when necessary.

Article 30. Responsibilities of Agencies, Organizations, and Individuals

1. Providing timely information and materials related to guard work to competent authorities.

2. Fulfilling requests of guard forces to ensure absolute safety for protected objects.

3. Adhering to decisions and requirements stipulated in Article 20 of this Law.

Chapter V

REWARD AND VIOLATION HANDLING

Article 31. Awards

1. Guard officers and soldiers who achieve meritorious service in combat and work shall be considered for awards such as medals, honors, and other forms of recognition as prescribed by law.

2. Agencies, organizations, and individuals participating in or cooperating in guard work, if achieving meritorious service, shall be recognized according to the provisions of the law.

Article 32. Handling Violations

1. Guard officers and soldiers who violate discipline or laws shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if causing harm to the health, life, property, or legitimate interests of others, they must compensate according to the law.

2. Agencies, organizations, and individuals who obstruct or hinder the activities of guard forces and those participating in or cooperating in guard work, or engage in other violations, shall be dealt with according to the law based on the nature and severity of the violation.

Chapter VI

IMPLEMENTING PROVISIONS

Article 33. Effective Date

This Law takes effect from July 1, 2018.

The Guard Ordinance No. 25/2005/PL-UBTVQH11 ceases to be effective from the date this Law takes effect.

Law nSigned by the National Assembly of the Socialist Republic of VietnamSession XIVThird MeetingPassed on June 20, 2017.tại kỳ họp thứ 3được tổ chứcvào ngày 20 tháng 6 năm 2017.