Circular No. 20/2010/TT-BCA detailing the implementation of certain provisions of Decree No. 37/2009/NĐ-CP dated April 23, 2009, regarding important objectives in politics, economy, diplomacy, science and technology, culture, and society that are to be guarded and protected by armed People's Police forces and the responsibilities of relevant agencies and organizations.

CIRCULAR

Detailed regulations on implementation of certain provisions of Decree No. 37/2009/NĐ-CP dated April 23, 2009 stipulating important targets regarding politics, economy, diplomacy, science and technology, culture, and society to be guarded by armed police forces and responsibilities of agencies and organizationsshall having such guarding and protection dutiesshall related

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Pursuant to the Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

The Ministry of Public Security issues detailed regulations on implementation of certain provisions of Decree No. 37/2009/NĐ-CP dated April 23, 2009 stipulating important targets regarding politics, economy, diplomacy, science and technology, culture, and society to be guarded by armed police forces and responsibilities of agencies and organizations related thereto (hereinafter referred to as Decree No. 37/2009/NĐ-CP) as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies detailed procedures for changing and supplementing the list of important targets regarding politics, economy, diplomacy, science and technology, culture, and society to be guarded by armed police forces (hereinafter collectively referred to as targets); the sequence and time limit for reviewing applications for changing and supplementing the list of targets; responsibilities of public security agencies, agencies, organizations, and individuals in protecting targets.

Article 2. Applicability

This Circular applies to units and local public security agencies; agencies, organizations, and individuals related to target protection activities.

Chapter II

SPECIFIC PROVISIONS

1. Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally governed cities shall base on Article 5 of Decree No. 37/2009/NĐ-CP and this Circular to determine targets to be added to the list and submit the application file to the Ministry of Public Security (through the General Police Department for Administrative Management of Social Order and Safety) before October 31 each year. The application file includes:

b) Decision of the competent authority on the establishment, functions, tasks, and powers of the agency with the target to be protected; documents determining special tasks assigned to that agency; other relevant documents concerning the scale and importance of the target;

c) Document of the agency with the target requesting the Ministry of Public Security to review and reporta) Decision of the Prime Minister to change and supplement the list of targets. The content of the document must clearly state the name and geographical location of the target; its characteristics, related circumstances, and organizational protection work of the agency with the target; request for the number of watchtowers requiring deployment of armed police forces to guard and protect;

d) Document of the agency with the target to be protected, specifying the requirements for ensuring security and safety for the target and other supporting documents proving the necessity for deployment of armed police forces to guard and protect the target.

a) Proposala) Decision of the Prime Minister of ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally governed cities on the draft Decision to remove the target from the list;

b) Other relevant documents concerning the request to remove the target from the list;

c) Document of the agency with the target requesting the Ministry of Public Security to review and reporta) Decision of the Prime Minister to remove the target from the list, stating the reasons.

Article 4. Procedure and time for reviewing applications to change or supplement targets in the list

1. Before November 30 each year, the Ministry of Public Security must review applications to change or supplement targets in the list and report. The Prime Minister decides.

2. In cases where it is necessary to organize on-site surveys during the review process, the agency requesting the review shall be responsible for coordinating and creating favorable conditions for the review agency to conduct such surveys.

3. If the review finds that there is no need to change or supplement the list of targets, the Ministry of Public Security shall be responsible for responding in writing to the requesting agency.

For targets not included in the list issued together with Decree No. 37/2009/NĐ-CP but currently being guarded by armed People's Police forces, the agencies having such targets shall implement the following regulations:

The heads of agencies having targets guarded by armed People's Police forces shall fulfill responsibilities as stipulated in Article 9 of Decree No. 37/2009/NĐ-CP and have the following responsibilities:

1. Ensuring internal security, asset safety, and order inside the target; organizing specialized and semi-specialized protective forces to perform regular protection duties; establishing internal security regulations, fire prevention and firefighting regulations, confidentiality procedures, protection plans, and mechanisms for cooperation with related forces to ensure the safety of the target.

3. Closely cooperating with the heads of People's Police units assigned to guard the target to carry out protection activities; regularly holding coordination meetings between the assigned People's Police unit and the agency's protective force every month, quarter, six months, and annually to discuss security, order, and social safety situations around the target, and measures for protecting the target.

4. Building protective walls around the target, installing gates, doors, and lighting systems for protection purposes; based on the characteristics of the target, requirements for ensuring security and safety, and the capabilities of the agency having the target, constructing facilities, equipping, and installing anti-intrusion devices; automatic alarm and fire detection systems, surveillance cameras, and other equipment for protecting the target.

a) Constructing watchtowers and installing necessary communication systems according to the requirements of protection work;

b) Having places to store weapons, means of transportation, and support tools;

c) Allocating sufficient minimum living space for officers, non-commissioned officers, and soldiers of the People's Police performing guarding duties (hereinafter referred to as cadres and soldiers) according to state regulations; convenient dining and living areas for cadres and soldiers, meeting rooms, and common living spaces for the unit;

d) Creating conditions to support cultural and sports activities for cadres and soldiers performing guarding duties according to the capabilities of the agency.

a) Sufficient minimum living space for cadres and soldiers according to state regulations;

b) A communal dining room;

c) A meeting room and space for unit-wide communal activities;

d) A place to store weapons, means, and support tools.

1. Advise and assist the Minister of Public Security in receiving files from ministries, ministerial-level agencies, government agencies, provincial people's committees under the central government regarding requests to amend or supplement the list of targets; organize the review and report recommendations to the Minister of Public Security for submission. The Prime Minister decides.

2. Directly lead, manage, inspect armed guard and protection work for targets nationwide; develop training programs and capacity building for target protection work.

a) The headquarters of the Ministry of Foreign Affairs;

b) The headquarters of the Ministry of Finance;

c) The headquarters of the State Bank of Vietnam;

d) The headquarters of the Supreme People's Procuracy;

đ) The headquarters of the Supreme People's Court;

e) The broadcasting station of the Ministry of Foreign Affairs;

g) The state treasury under the Ministry of Finance;

h) The headquarters of the Office of the Chief Clerk of the Ministry of Home Affairs;

i) The Historical Museum;

k) The headquarters of embassies of countries in Vietnam;

l) The headquarters of representative offices of organizations under the United Nations in Vietnam;

m) The vaults of precious metals, gems, and other rare assets managed and stored by the State Bank of Vietnam in Hanoi;

n) The headquarters of printing and minting factories, places where non-circulating banknotes are destroyed belonging to the State Bank of Vietnam in Hanoi.

4. Develop the list of targets under the management of the Ministry of Public Security and submit it to the Minister of Public Security for decision. The organization of security forces to protect targets under the Ministry of Public Security shall be carried out in accordance with the provisions of this Circular.

Article 8. Responsibilities of Provincial and Municipal Public Security Departments under the Central Government

a) The headquarters of the provincial party committee, municipal party committee under the central government;

b) The headquarters of the provincial/municipal people's committee, provincial/municipal people's council under the central government;

c) The radio and television stations of provinces and municipalities under the central government;

d) The state treasuries of provinces and municipalities under the central government;

đ) The vaults of the State Bank of Vietnam branches in provinces and municipalities under the central government;

e) Vaults of precious metals, gems, and other rare assets managed and stored by the State Bank of Vietnam in provinces and municipalities under the central government;

g) The headquarters of printing and minting factories, places where non-circulating banknotes are destroyed belonging to the State Bank of Vietnam in provinces and municipalities under the central government;

h) The headquarters of consular offices of countries in Vietnam (including the headquarters of general consulates);

i) The Dalat Nuclear Research Institute;

k) The National Archive Center of the State Records and Archives Administration under the Ministry of Home Affairs;

l) The National Radio Station, the sound center of the Voice of Vietnam in Hanoi;

m) The radio transmission stations under the Voice of Vietnam;

n) Vietnam Television in Hanoi;

o) The television transmission centers under Vietnam Television;

p) The Hung Temple Historical Site, Phu Tho;

q) The Kim Lien Historical Site, Nghe An;

r) Ho Chi Minh Square, Nghe An;

s) The Ho Chi Minh Museum, branch in Binh Thuan.

1. Each target specified in the list issued together with Decree No. 37/2009/NĐ-CP shall only organize the police force to perform armed guard and protection duties at the main headquarters of the target.

2. For new targets added to the list according to the decision of the Prime Minister, the Ministry of Public Security will issue a document assigning the Police Protection Department or the provincial/municipal public security department under the central government to be responsible for allocating police officers to perform armed guard and protection duties for that target.

For targets where People's Internal Security Force officers and soldiers are assigned to perform armed guard duties for protection, the People's Internal Security Protection Bureau or the provincial or centrally-affiliated city police shall consider and specifically determine appropriate guard posts for each target, coordinating with the heads of agencies having such targets to agree on the locations of guard posts, ensuring they are consistent with the landscape and convenient for comprehensive surveillance of the protected targets.

People's Internal Security Force units assigned armed guard duties for targets must develop and implement plans and schemes for protecting and preventing acts that harm the safety of targets; organize practice and drills to respond to and handle unexpected situations; apply appropriate police work measures, with armed activities being the basic operational activity in guarding and protecting, proactively preventing, detecting, blocking, and promptly handling acts that harm the target to ensure its safety; closely coordinate with other specialized police units, district, county, town, and provincial city police, and other forces at the location of the target and the agency having the target to protect it safely. The procedures for armed guard and protection operations by the People's Internal Security Force are regulated by other legal documents.

Article 12. Uniforms and Equipment of People's Internal Security Force Officers and Soldiers Performing Armed Guard Duties for Targets

When performing armed guard duties for targets, officers and soldiers must wear uniforms according to the regulations of the People's Public Security and be equipped and allowed to use weapons, auxiliary tools, and operational means in accordance with the law and guidelines from the Ministry of Public Security.

Chapter III

IMPLEMENTATION

Article 13. Effective Date

This Circular takes effect from August 9, 2010, and replaces Circular No. 05/1998/TT-BCA(C11) dated November 19, 1998, issued by the Minister of Public Security guiding the implementation of Decree No. 106/1997/NĐ-CP dated October 27, 1997, of the Government stipulating important political, economic, cultural, and social targets to be guarded and protected by the People's Internal Security Force.

1. Ministries, ministerial-level agencies, agencies under the Government, Provincial People's Committees, and centrally-affiliated city committees shall direct agencies with important political, economic, diplomatic, scientific-technological, cultural, and social targets to be guarded and protected by the People's Internal Security Force to implement the provisions of Decree No. 37/2009/NĐ-CP and this Circular.

2. The Administrative Management General Department for Social Order and Safety has the responsibility to guide, instruct, inspect, urge, and organize the implementation of this Circular.

3. The Force Building General Department has the responsibility to ensure staffing for the People's Internal Security Force units performing armed guard duties for targets; study and propose to competent authorities regarding the system and policies for officers and soldiers of the People's Internal Security Force performing armed guard duties for targets.

4. The General Departments' Chiefs, Heads of units directly under the Ministry, Directors of provincial and centrally-affiliated city police, and Directors of Fire Prevention and Fighting Services within their respective functions and tasks have the responsibility to organize the implementation of this Circular.

5. The General Departments' Chiefs, Heads of units directly under the Ministry, Directors of provincial and centrally-affiliated city police, and Directors of Fire Prevention and Fighting Services within their respective functions and tasks have the responsibility to organize the implementation of this Circular.

During the implementation of this Circular, if any difficulties arise, relevant agencies and organizations, local police units shall report to the Ministry of Public Security (through the Administrative Management General Department for Social Order and Safety) for timely guidance.