Resolution No. 130/2020/QH14 on participation in United Nations peacekeeping forces.

RESOLUTION

On Participation in United Nations Peacekeeping Forces

OF THE NATIONAL ASSEMBLY

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

Based on the Law on Legislative Regulatory Acts No. 80/2015/QH13;

RESOLUTION:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Resolution stipulates principles, forms, fields, forces, authorities, deployment procedures, funding guarantees, systems, policies, and state management for participation in United Nations peacekeeping forces.

Article 2. Applicability

1. Officers, professional military personnel, non-commissioned officers, soldiers, and units under the Ministry of National Defense; officers, non-commissioned officers, technical specialists, soldiers, and units under the Ministry of Public Security may be assigned to participate in United Nations peacekeeping forces.

2. Agencies, organizations, and individuals related to the participation in United Nations peacekeeping forces.

Article 3. Explanation of Terms

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

1. United Nations peacekeeping forces These are forces from member states of the United Nations assigned to participate in United Nations peacekeeping operations with the aim of maintaining and preserving peace and security in countries and regions experiencing conflicts worldwide, carried out according to resolutions of the United Nations Security Council and managed by the United Nations.

2. United Nations peacekeeping mission (hereinafter referred to as the mission) is an organization established according to a resolution of the United Nations Security Council, with the consent of the government and relevant parties, managed and operated by the United Nations to maintain and preserve peace and security in the country where the mission is deployed.

3. Vietnam's participation in United Nations peacekeeping operations (hereinafter referred to as Vietnam's force) includes individuals, units, and weapons, equipment, and means belonging to the Ministry of National Defense and the Ministry of Public Security tasked with participating in United Nations peacekeeping operations.

4. Reimbursement funds of the United Nations are amounts paid by the United Nations to the Government of Vietnam for Vietnam's participation in United Nations peacekeeping operations.

5. New dispatch is the assignment of Vietnam's force to participate in new positions, areas, or fields in United Nations peacekeeping operations.

6. Rotation dispatch, replacement dispatch is the assignment of other forces to replace those currently performing United Nations peacekeeping duties on a regular or emergency basis.

Article 4. Principles for Participation in United Nations Peacekeeping Forces

1. Under the absolute and direct leadership of the Communist Party of Vietnam in all aspects; decisions of the National Defense and Security Council; under the command of the President and state management of the Government.

2. Compliance with the Constitution and laws of Vietnam; consistent with the United Nations Charter, international law, and international treaties to which the Socialist Republic of Vietnam is a party.

3. Ensuring independence, autonomy, peace, friendship, cooperation, and development; consistent with national interests, conditions, and capabilities of Vietnam; respecting the sovereignty and territorial integrity of nations.

4. Only participate in activities supporting the resolution of war consequences, maintaining peace after conflict, for humanitarian purposes based on the request of the United Nations.

5. Only deploy in countries and regions where the United Nations has established missions and at United Nations agencies.

Article 5. Forms and Fields of Participation in United Nations Peacekeeping Forces

1. Forms of participation include:

a) Individuals;

b) Units.

2. Fields of participation include:

a) Advisory;

b) Logistics;

c) Engineering;

d) Information and Communication;

đ) Engineering Corps;

e) Medical Services;

g) Police;

h) Military Control;

i) Military Observers;

k) Election Monitors and Supervisors;

l) Other fields determined by the National Defense and Security Council.

Article 6. Handling Violations, Resolving Disputes, and Complaints

1. Vietnamese individuals and units violating Vietnamese law, local law, and United Nations regulations during participation in United Nations peacekeeping forces shall be handled according to Vietnamese law and United Nations regulations.

2. The resolution of disputes and complaints between Vietnam's force and the United Nations or third parties during participation in United Nations peacekeeping operations shall be carried out according to agreements between Vietnam and the United Nations.

Chapter II

VIETNAMESE FORCES PARTICIPATING IN

UNITED NATIONS PEACEKEEPING OPERATIONS

Article 7. Tasks and Authorities of Individuals and Units Participating in United Nations Peacekeeping Operations

1. Individuals and units participating in United Nations peacekeeping operations shall perform the following tasks:

a) Implement tasks within the scope of participation assigned by the competent authority of the United Nations pursuant to the agreement between Vietnam and the United Nations;

b) Advise the competent authority of Vietnam on enhancing the capacity of the Vietnamese contingent in United Nations peacekeeping forces and other related areas;

c) Protect Vietnam's position and prestige; promote the historical value, culture, image of the country, and people of Vietnam; respect laws, authorities, citizens, and cultural customs and traditions in the host country or region where the Vietnamese contingent participates;

d) Perform other tasks assigned by the competent authority of Vietnam.

2. Individuals and units participating in United Nations peacekeeping operations shall have the following authorities:

a) Use weapons, explosives, support tools, equipment, devices, and means provided by Vietnam and the United Nations in accordance with regulations to carry out their tasks;

b) Other authorities as prescribed by Vietnamese law, United Nations regulations, and agreements between Vietnam and the United Nations.

Article 8. Building the Contingent

1. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security and relevant ministries and sectors to develop medium-term and long-term plans for building the Vietnamese contingent participating in United Nations peacekeeping operations.

2. The Minister of National Defense and the Minister of Public Security shall stipulate the establishment, organization of units, and standards of the contingent under their respective jurisdictions to participate in United Nations peacekeeping operations.

3. The Ministry of National Defense and the Ministry of Public Security shall select, train, and instruct individuals and units participating in United Nations peacekeeping operations in professional skills, political ideology, law, and foreign languages suitable for the requirements of tasks, fields, regions, and gender.

Article 9. Commander of the Vietnamese Contingent at the Mission

1. Each mission where the Vietnamese contingent participates in United Nations peacekeeping operations shall have a Commander.

2. In cases where the mission only involves contingents from the Ministry of National Defense or the Ministry of Public Security, the highest commander of that contingent shall be the Commander of the Vietnamese contingent.

3. In cases where the mission involves contingents from both the Ministry of National Defense and the Ministry of Public Security, the highest commander of the contingent from the Ministry of National Defense shall be the Commander of the Vietnamese contingent.

4. The Government shall prescribe the tasks and authorities of the Commander of the Vietnamese contingent at the mission.

Article 10. Uniforms and Equipment of the Vietnamese Contingent

1. During the period of participation in United Nations peacekeeping operations, the Vietnamese contingent shall use uniforms in accordance with United Nations regulations.

2. Individuals and units participating in United Nations peacekeeping operations shall be responsible for managing and using weapons, explosives, support tools, equipment, devices, means, and other necessary materials to perform their tasks.

3. The management and use of weapons, explosives, and support tools during the period of participation in United Nations peacekeeping operations shall comply with Vietnamese law, United Nations regulations, and international treaties to which the Socialist Republic of Vietnam is a party.

4. The Government shall prescribe colors and distinctive markings for equipment and means used for training and deployment in performing tasks.

Chapter III

AUTHORITY AND PROCEDURES FOR DEPLOYING THE VIETNAMESE CONTINGENT

Article 11. Competence to Decide on Dispatching, Adjusting, and Withdrawing Vietnamese Forces

The National Defense and Security Council decides on dispatching, adjusting, and withdrawing Vietnamese forces participating in United Nations peacekeeping operations.

Article 12. Procedures for New Dispatches, Adjustments, and Withdrawals of Vietnamese Forces

1. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security to report to the Government for submission to the National Defense and Security Council to decide on the policy of new dispatches, adjustments, and withdrawals of Vietnamese forces.

2. Based on the decision of the National Defense and Security Council, the Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security to report to the Government for submission to the President of the State, the Chairman of the National Defense and Security Council to issue decisions on new dispatches, adjustments, and withdrawals of Vietnamese forces.

3. Based on the decision of the President of the State, the Chairman of the National Defense and Security Council, the Minister of National Defense, and the Minister of Public Security shall decide on specific forces according to their authority.

4. The Government shall provide detailed regulations on the reports of the Ministry of National Defense and the Ministry of Public Security as stipulated in Clause 1 and Clause 2 of this Article.

Article 13. Procedures for Rotational Dispatches and Substitutions

1. Annually, the Ministry of National Defense takes the lead and coordinates with the Ministry of Public Security to report to the Government for submission to the National Defense and Security Council the plan for rotational dispatch and replacement of forces.

2. Based on the decision of the National Defense and Security Council, the Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security to report to the Government for submission to the President of the State, the Chairman of the National Defense and Security Council to issue decisions on rotational dispatches and substitutions of forces.

3. Based on the decision of the President of the State, the Chairman of the National Defense and Security Council, the Minister of National Defense, and the Minister of Public Security shall decide on specific forces for each rotation and substitution according to their authority.

4. The Government shall provide detailed regulations on the reports of the Ministry of National Defense and the Ministry of Public Security as stipulated in Clause 1 and Clause 2 of this Article.

Chapter IV

FINANCIAL SUPPORT AND REGULATIONS, POLICIES

Article 14. Funding Assurance

1. The state budget ensures funding for participation in United Nations peacekeeping forces and compensation for losses caused by the Vietnamese forces to the United Nations or third parties due to fault.

2. Repayment funds from the United Nations and legitimate sources of support shall be deposited into the state budget and managed and used in accordance with the provisions of the law.

3. The Government decides on compensation for losses caused by the fault of Vietnamese forces.

Article 15. Benefits and Policies

1. Individuals and units directly and indirectly participating in United Nations peacekeeping operations shall enjoy benefits and policies appropriate to the nature of the mission and the characteristics of the operation as prescribed by the Government.

2. During the period of participation in United Nations peacekeeping forces, individuals and units that achieve outstanding results in performing tasks shall be rewarded according to the provisions of Vietnamese law and the provisions of the United Nations; the Ministry of National Defense and the Ministry of Public Security have preferential policies for arranging and using individuals after completing the task of participating in United Nations peacekeeping forces.

3. Individuals who are injured, sick, involved in accidents, or sacrificed while performing tasks in United Nations peacekeeping forces shall enjoy benefits and policies according to the provisions of Vietnamese law and the provisions of the United Nations.

Chapter V

STATE MANAGEMENT

Article 16. Content of State Management

1. Issuing legal normative documents on participation in United Nations peacekeeping forces.

2. Developing and organizing the implementation of programs and plans for participation in United Nations peacekeeping forces.

3. Organizing and directing the implementation of tasks in participation in United Nations peacekeeping forces.

4. Propagating and disseminating laws on participation in United Nations peacekeeping forces.

5. Inspecting, auditing, handling complaints and denunciations, summarizing, concluding, rewarding, and dealing with violations in the field of United Nations peacekeeping.

6. International cooperation in the field of United Nations peacekeeping.

Article 17. Tasks and Authorities of the Government, Ministries, and Equivalent Agencies

1. The Government shall uniformly manage state affairs concerning participation in United Nations peacekeeping forces.

2. The Ministry of National Defense shall assist the Government in managing state affairs concerning participation in United Nations peacekeeping forces and shall have the following tasks and authorities:

a) To take the lead and coordinate with ministries and equivalent agencies in drafting regulatory legal documents, proposals, and plans for participating in United Nations peacekeeping forces to be submitted to competent authorities for decision-making or decided within their jurisdiction;

b) To manage, command, and direct the Vietnam Peacekeeping Center in implementing national coordination on participation in United Nations peacekeeping forces and other related tasks and authorities assigned;

c) To build, manage, command, and operate the Vietnamese force participating in United Nations peacekeeping operations within its jurisdiction.

3. Ministries and Equivalent Agencies shall have the following tasks and authorities:

a) The Ministry of Public Security shall build, manage, command, and operate the public security force participating in United Nations peacekeeping operations;

b) The Ministry of Foreign Affairs shall advise the Government on foreign affairs issues related to participation in United Nations peacekeeping forces;

c) Within the scope of their tasks and authorities, ministries and equivalent agencies shall cooperate with the Ministry of National Defense in advising the Government on managing state affairs concerning participation in United Nations peacekeeping forces.

Chapter VI

IMPLEMENTING PROVISIONS

Article 18. Effective Date

This Resolution shall take effect from July 1, 2021.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the 14th term, the 10th session, on November 13, 2020./.