Decree No. 208/2013/ND-CP on preventive measures, prevention, and handling of acts against public officials performing their duties

DECREE
Article 24regulating preventive measures, prevention, and handling

 acts of resisting public officials

______________

Pursuant to the Law TGovernment issued on December 25, 2001;

At the proposal of the Minister of Public Security;ngsecurity;

The Government promulgates this Decree to regulate preventive measures, prevention, and handling acts of resisting public officials. reason This Decree stipulates preventive measures, prevention, and handling of acts of resisting public officials; conditions for ensuring; benefits and policies for public officials and individuals directly participating in preventing acts of resisting public officials; responsibilities of Ministries, agencies at the level of ministries, government agencies, and People's Committees at all levels in preventing, preventing, and handling acts of resisting public officials.i c QuNo.This Decree applies to public officials; relevant agencies, organizations, and individuals; foreign organizations and individuals residing or operating within the territory of Vietnam.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. Public officials are civil servants, officers, non-civilian personnel of the people's armed forces assigned by competent authorities to perform tasks and powers as prescribed by law and protected by law to serve the interests of the State, people, and society.

Article 2. Applicability

Article 2. Acts of resisting public officials are acts using force, threatening to use force, or failing to comply with orders or requests of public officials, or other acts aimed at hindering public officials from performing their assigned tasks or compelling them not to perform such tasks.

Article 3. Explanation of Terms

3. Concealed equipment used for positioning is equipment with the function of determining location, designed to resemble common devices or objects.

Article 4. Principles of Preventing, Preventing, and Handling Acts of Resisting Public Officials

Clause 1. Compliance with legal provisions; respect for the rights and legitimate interests of agencies, organizations, and individuals.

Clause 2. Emphasizing prevention; actively detecting and promptly preventing, strictly dealing with all acts of resisting public officials.

Clause 3. Careful and flexible approach in preventing and handling acts of resisting public officials; ensuring the safety of life and health of public officials; minimizing damage to life, health, reputation, dignity, and property caused by acts of resisting public officials.

Article 5. Conditions for Ensuring the Proper Performance of Duties by Public Officials

Point a. Violating procedures, formalities, and authority while performing duties.

Article 5. Prohibited acts

Point b. Engaging in corruption, misconduct, arrogance, abuse of power, or violating professional ethics; inappropriate attitude, style, speech, and behavior while performing duties.

Point c. Violating laws on the management and use of weapons, explosives, and auxiliary tools; exceeding limits in firing shots or using excessive force beyond justifiable self-defense.

Point d. Infringing upon the lives, health, reputations, dignities, properties of others, and normal operations of agencies and organizations while performing duties.

Point đ. Exploiting official duties to resolve personal conflicts or for personal purposes.

Point e. Other violations as prescribed by law.

Article 6. Conditions for Ensuring the Proper Assignment of Tasks to Public Officials by Competent Authorities

Point a. Assigning tasks to public officials beyond their authority.

Point b. Requesting public officials to perform tasks contrary to the law.

Point c. Shielding, failing to handle, or inadequately handling violations by public officials according to the law.

Point d. Other violations as prescribed by law.

Article 7. Conditions for Ensuring the Proper Conduct of Other Organizations and Individuals

Point a. Failing to comply with legal provisions; failing to follow the guidance, directions, and requests of public officials; opposing or obstructing public officials from performing their tasks.

Point b. Exploiting freedom, democracy, beliefs, or religions to incite or instigate others to resist public officials.

Point c. Infringing upon the lives, health, reputations, dignities, properties of public officials; damaging state assets or equipment of enforcement agencies.

Point d. Other acts aimed at resisting public officials.

c) Infringing upon the life, health, reputation, human dignity, and property of law enforcement officers; damaging the property and means of state agencies and law enforcement forces;

d) Other acts aimed at opposing law enforcement officers.

Article 6. Conditions to ensure the operation of prevention, obstruction, and handling of acts against persons performing official duties

1. The funds serving the activities of preventing, obstructing, and handling acts against persons performing official duties shall be guaranteed from the state budget according to the分级管理国家预算的规定。此类资金的管理和使用应按照《国家预算法》及相关实施指导文件的规定执行。

2. State agencies with authority shall be responsible for equipping weapons, supportive tools, means, and technical equipment for persons performing official duties in accordance with the provisions of the law to perform their tasks.

Article 7. Treatment and policies for persons performing official duties and those directly participating in obstructing and handling acts against persons performing official duties

1. Persons performing official duties and those directly participating in obstructing and handling acts against persons performing official duties who achieve merits shall be rewarded in accordance with the provisions of the law on competition and rewards.

2. In cases where persons performing official duties or those directly participating in obstructing and handling acts against persons performing official duties are injured or sacrificed, they shall be considered and recognized as war invalids, persons entitled to benefits similar to war invalids, or recognized as martyrs in accordance with the provisions of the law on preferential treatment for persons who have contributed to the revolution.

Chapter II
PREVENTIVE MEASURES

AGAINST ACTS OF RESISTING PERSONS PERFORMING OFFICIAL DUTIES

Article 8. Popularizing and educating the law on preventing, obstructing, and handling acts against persons performing official duties

Agencies, organizations, and local authorities at all levels shall be responsible for popularizing and educating the law on the rights and obligations of citizens, the functions, responsibilities, and powers of law enforcement forces to enhance public understanding and awareness of compliance with the law.

Article 9. Building and implementing plans, procedures, regulations, and work programs

1. Based on their functions, responsibilities, and powers, agencies, organizations, and law enforcement forces shall be responsible for building and implementing specific plans, procedures, regulations, and work programs for each field, area, and target group; these plans, procedures, regulations, and work programs must anticipate possible situations and measures, methods, and procedures for resolution.

2. During the performance of tasks, persons performing official duties must strictly follow the plans, procedures, regulations, and work programs that have been approved by competent authorities; maintain proper etiquette, working style, and discipline.

Article 10. Training and professional development

Within the scope of their functions, responsibilities, and powers, agencies and organizations shall be responsible for developing and implementing training programs to improve professional skills, vocational expertise, professional ethics, methods of mobilization, persuasion, weapon usage, supportive tool usage, specialized technical equipment usage, and self-defense skills and handling situations when there are acts against persons performing official duties; cultivating proper etiquette, working style, and demeanor for persons performing official duties while executing their tasks.

Article 11. Patrol, control, and protection of areas and regions as prescribed by law

Within their functions and tasks, agencies and units of Public Security, Military, Forest Protection, Customs, and other agencies, organizations, and enforcement forces have the responsibility to organize patrols and controls within the scope of their management authority. When conducting patrol and control activities, enforcement officers must wear appropriate uniforms and use equipment provided, except where otherwise stipulated by law; they must follow procedures, processes, plans, and work programs approved by competent authorities.

Article 12. Inspection and handling of violations of law by enforcement officers

Agencies and organizations managing enforcement officers have the responsibility to build and implement plans and measures to enhance the effectiveness of their work, prevent, and stop violations of law by enforcement forces. They must regularly inspect and correct the execution of tasks and compliance with laws, promptly identify and strictly handle all violations of law by enforcement officers.

Article 13. Notification to the place of residence or organization where the person committing acts against enforcement officers studies or works

After handling violations by persons committing acts against enforcement officers, the agency issuing the violation decision has the responsibility to send a written notification to the local government at the place of residence or the organization where the violator studies or works for preventive measures, management, and education. The notification from the agency issuing the violation decision for persons committing acts against enforcement officers must clearly state the name, address, occupation of the violator; the nature of the violation, the form, and measures to handle the violation.

Chapter III
MEASURES TO PREVENT AND HANDLE

ACTS OF RESISTING ENFORCEMENT OFFICERS AND RESPONSIBILITIES

OF MINISTRIES, AGENCIES EQUIVALENT TO MINISTRIES, AND AGENCIES UNDER THE GOVERNMENT

AND PEOPLE'S COMMITTEES AT ALL LEVELS

Article 14. Measures to prevent acts of resisting enforcement officers

1. Informing the violator that they have violated the law and requesting them to immediately cease such violation. Requesting the violator to present identification cards and other necessary documents for inspection.

2. Compelling the violator to immediately cease the violation and comply with the orders and requests of the enforcement officer.

3. Arresting persons committing acts against enforcement officers; searching persons and means of transportation involved in violations; confiscating and rendering ineffective weapons, explosives, and support tools.

Procedures and methods for arresting and searching persons committing acts against enforcement officers, and searching means of transportation involved in violations shall be carried out in accordance with the provisions of the law.

4. In cases where a large number of people gather to resist enforcement officers, measures should be taken to persuade and convince the participants to stop their violations; if necessary, compulsory measures under the law on maintaining public order shall be implemented to disperse crowds; preventing, surrounding, isolating, and arresting the leaders, organizers, and instigators.

5. In urgent or necessary situations, or when persons committing acts against enforcement officers use military weapons or crude weapons to attack enforcement officers, depending on the nature, severity of the violation, and specific circumstances, enforcement officers may use force, support tools, technical devices, or fire weapons to defend themselves properly, attack, control, and arrest persons committing acts against enforcement officers. The firing of weapons during duty performance shall be conducted according to the provisions of Article 22 of the Ordinance on the Management and Use of Weapons, Explosives, and Support Tools, and other relevant laws.

6. Handling persons committing acts against enforcement officers shall be carried out in accordance with the provisions of the law on administrative violations and criminal law, and criminal procedure law.

For cases of resisting enforcement officers, it is recommended that courts with jurisdiction strengthen mobile trials to contribute to prevention and general education.

Article 15. Coordination and Support in Handling Situations Where Acts of Resisting Public Officials Occur

1. In cases where there is a gathering of a large number of people to resist public officials or when the situation exceeds their capacity to handle, public officials shall request coordination and support from armed forces units, local authorities, other agencies, organizations, and individuals to promptly prevent and address such acts.

2. Units under the People's Armed Forces, local authorities, and other agencies, organizations, and individuals have the responsibility to coordinate, support, and assist public officials in promptly preventing and addressing acts of resisting public officials in accordance with the law.

Article 16. Responsibilities of Ministries, Agencies Equivalent to Ministries, Government Agencies, and People's Committees at All Levels

Ministries, agencies equivalent to ministries, government agencies, and people's committees at all levels, within the scope of their functions, tasks, and powers, shall be responsible for:

1. Issuing or submitting to competent authorities for issuance and organizing implementation of legal normative documents on prevention, blocking, and handling acts of resisting public officials in their respective fields and areas of management.

2. Popularizing, educating about the law, mobilizing cadres, civil servants, public employees, and citizens to comply with the Party's guidelines and State policies; guiding and inspecting subordinate units under their management to implement the provisions of this Decree.

3. Closely coordinating with competent state agencies to implement and urge compliance with legal provisions on prevention, blocking, and handling acts of resisting public officials.

4. Conducting inspections and checks according to their functions, tasks, and legal regulations; coordinating and supporting enforcement agencies and forces in preventing, blocking, and handling acts of resisting public officials.

5. Directing subordinate agencies and units to develop plans, regulations, procedures, schedules, and preventive measures against acts of resisting public officials in their respective fields and areas of management.

6. Equipping or requesting competent authorities to equip support tools, means, and technical equipment in accordance with the law for functional forces under their management to perform official duties.

7. Ensuring funding for work on prevention, blocking, and handling acts of resisting public officials in accordance with the law.

Chapter IV
IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Decree takes effect from February 1, 2014.

Article 18. Responsibility for Implementation

1. The Minister of Public Security shall be responsible for chairing and coordinating with relevant ministries and sectors to guide, inspect, and urge the implementation of this Decree.

2. The ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decree./