Decree No. 21/2018/NĐ-CP on the work of protecting the transportation of special goods for the State by the People's Police force responsible for armed protection.

DECREE

Regulations on the protection work for transporting special goods of the State carried out by the People's Armed Police Force
pursuant to the Law on Public Security Organs dated November 27, 2014;

Pursuant to the Law on Government Organization dated June 19, 2015;

CamendPursuant to the Ordinance on Mobile Police dated December 23, 2013;

The Government issues this Decree stipulating the protection work for transporting special goods of the State carried out by the People's Armed Police Force.

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

Article 1. This Decree stipulates the protection work for transporting special goods of the State (hereinafter referred to as special goods) within the territory of the Socialist Republic of Vietnam carried out by the People's Armed Police Force.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. The protection work for transporting special goods carried out by the forces of the People's Army does not fall within the scope of regulation of this Decree.

1. The People's Armed Police Force.

Article 2. Applicability

2. The management agencies of special goods.

3. Agencies, organizations, and individuals related to the protection work for transporting special goods.

Article 3. Special goods transported and protected by the People's Armed Police Force

1. Cash (Vietnamese dong), securities (bonds, bills, stocks, government bonds, and other types of securities as prescribed by law) in the State Bank system and State Treasury.

2. Precious assets (gold, precious metals, precious stones, foreign currency cash, and other types of precious assets) in the State Bank system and State Treasury.

3. National treasures, antiques, and relics owned by the State.

Article 4. Subjects protecting the transportation of special goods

1. The armed force protecting the transportation of special goods includes:

a) Units of the People's Armed Police Force under the Ministry of Public Security responsible for arming and protecting the transportation of special goods requested by central management agencies of special goods;

b) Units of the People's Armed Police Force under provincial-level public security organs responsible for arming and protecting the transportation of special goods requested by provincial-level management agencies of special goods.

2. Agencies, organizations, and individuals cooperating in the protection of the transportation of special goods upon request include:

a) Other specialized forces under the Public Security Organs;

b) Civilian self-defense forces at locations along the transportation route;

c) Agencies directly managing and preserving special goods;

d) Drivers and staff serving on the transportation vehicles.

3. Agencies, organizations, and individuals supporting the protection of the transportation of special goods upon request include:

a) Forces enforcing laws along the transportation route of special goods, including traffic inspectors, Border Guard, Customs, Taxation, Coast Guard, Air Defense-Air Force Corps, and other forces with functions and tasks of enforcing laws at checkpoints and mobile patrol units along the transportation route;

b) Agencies, organizations, and individuals performing tasks at ports, railway stations, ferry terminals, or at stops where the transportation vehicles carrying special goods pass through or stop.

Article 5. Principles of protecting the transportation of special goods

1. Compliance with legal regulations; absolute safety protection for special goods; protection of the interests of the State, rights, and legitimate interests of agencies, organizations, and individuals.

2. Ensuring absolute confidentiality of plans, processes, and related information and documents during transportation according to legal regulations on protecting state secrets.

3. Proactively preventing, detecting, blocking, and promptly handling acts infringing upon special goods or hindering the transportation process.

4. Ensuring close coordination between the People's Armed Police Force tasked with arming and protecting the transportation of special goods and the management agencies of special goods and relevant agencies, organizations, and individuals.

5. Linking the protection work for transporting special goods with national security protection and ensuring social order and safety along transportation routes.

ORGANIZATIONAL WORK FOR THE PROTECTION OF TRANSPORTATION OF SPECIAL GOODS

Chapter II

WORK ON ORGANIZING THE PROTECTION OF THE TRANSPORTATION OF SPECIAL GOODS

Article 6. Request for protection and transportation file for special goods

1. The request for protection of transportation of special goods shall be carried out as follows:

a) For transportation of special goods that the special goods management agency determines require the Ministry of Public Security to direct the organization of forces to cooperate in protection, the ministry, agency at the ministerial level, government agency, provincial/municipal people's committee managing special goods shall send a request for protection of transportation to the Ministry of Public Security at least 10 working days before transportation.

b) For transportation of special goods not covered by point a of Clause 1 of this Article, the functional unit under the ministry, agency at the ministerial level, government agency directly assigned the task of managing special goods shall send a request for protection of transportation to the People's Armed Police unit responsible for protecting the transportation of special goods under the Ministry of Public Security; the functional unit under the provincial/municipal people's committee directly assigned the task of managing special goods shall send a request for protection of transportation to the provincial/municipal police at least 5 working days before transportation.

For regular and continuous transportation of special goods, the special goods management agency shall send a request for protection of transportation to the People's Armed Police unit assigned the task of armed protection of transportation of special goods under the Ministry of Public Security or provincial/municipal police at least 2 working days before transportation.

c) The request for protection of transportation of special goods must clearly state the name, type, quantity of goods to be transported, means of transportation, route, journey (departure location, destination, departure time, end time, stopover times at various locations or stations along the route), and the planned transportation time.

2. Upon receiving the request for protection of transportation of special goods from the agencies specified in Clause 1 of this Article, the Ministry of Public Security, the People's Armed Police unit under the Ministry of Public Security, or provincial/municipal police shall reply to the requesting agency at least 2 working days before transportation to coordinate the implementation of protection for the transportation of special goods.

For regular and continuous transportation of special goods, the People's Armed Police unit under the Ministry of Public Security or provincial/municipal police assigned the task of armed protection of transportation of special goods shall immediately reply to the requesting agency upon receipt of the request for protection of transportation.

3. The agency directly managing special goods shall establish a transportation file for special goods and carry it during transportation. The transportation file for special goods includes:

a) Decision on transportation or order for transfer of special goods issued by the head of the special goods management agency;

b) Request for protection of transportation as stipulated in point c of Clause 1 of this Article;

c) Reply from the People's Armed Police unit responsible for protecting the transportation of special goods or provincial/municipal police as stipulated in Clause 2 of this Article;

d) Contract or agreement regarding the hiring of transportation means (if applicable);

đ) List of officers and staff of the agency directly managing special goods assigned to transport special goods;

e) Other documents and materials required by law for each type of special goods to ensure conditions for transportation (if applicable).

Article 7. Delivery, receipt, loading, and unloading of special goods

1. Special goods must be packed, sealed, placed in containers or cargo boxes, locked with lead seals, and securely stored when transported.

2. The delivery, receipt, loading onto transportation means at the departure point, and the delivery, receipt, loading, and unloading of special goods at the destination point shall be documented by the direct management agency of special goods. Representatives of the People's Police units responsible for armed protection of the transport of special goods shall witness and sign the record regarding the locking and sealing of containers and cargo boxes at the departure point, and the unlocking and removal of seals at the destination point.

3. When delivering, receiving, loading, and unloading special goods at the destination point, if any suspicion or discrepancy in the seals or lead seals is discovered, the delivery, receipt, loading, and unloading must be temporarily halted, a report made to determine the cause, and reported to the head of the delivering agency, the receiving agency, and the head of the People's Police unit responsible for armed protection of the transport to coordinate and direct resolution.

The decision to continue the delivery and receipt of special goods at the destination point shall be made by the head of the receiving agency.

Article 8. Transportation Means for Special Goods

1. Transportation means for special goods using specialized vehicles on roads, rail, inland waterways, or air must comply with the conditions stipulated by laws on road traffic, railway traffic, inland waterway traffic, air traffic, and other relevant laws.

2. Transportation means for special goods on roads shall be organized as follows:

a) The special goods management agency shall arrange specialized vehicles and escort vehicles for transporting special goods on roads. Specialized vehicles transporting special goods must ensure technical equipment necessary for protective work.

b) For each road transport of special goods, there must be two escort vehicles for protection, including one leading vehicle and one trailing vehicle or escorting the convoy of special goods vehicles, except in cases provided for in point c of this clause.

c) In cases where special goods are transported on a single specialized vehicle within a city or town, or multiple convoys of special goods are transported simultaneously within the same period, upon request from the direct management agency of special goods, the head of the People's Police unit responsible for armed protection of the transport shall, based on actual circumstances, consult and agree with the requesting agency on the number of escort vehicles for each convoy of special goods.

3. Transportation means for special goods on railways must arrange necessary tools and materials to secure and protect the stability, firmness, and safety of containers carrying special goods during transportation. Railway transportation means for special goods shall be prioritized for transportation to serve special tasks.

Article 9. Arrangement of People's Police Officers for Protection of Special Goods Transport

1. Based on security, public order, social safety conditions, transportation means, quantity of special goods, and transportation time and route, the People's Police unit responsible for armed protection of transport shall consult and agree with the direct management agency of special goods to arrange People's Police officers for protection duties.

2. The arrangement of People's Police officers for protecting special goods must ensure at least two People's Police officers continuously performing their duties on each cargo-carrying vehicle, escort vehicle, railway car, or inland waterway or air transportation means.

For multi-day transports on railways, the arrangement of People's Police officers shall be organized according to shifts and must comply with the working hours stipulated by labor laws.

3. During transportation, People's Police officers protecting special goods may apply appropriate operational measures to safeguard the goods. The use of weapons, auxiliary tools, technical equipment for protection of special goods transport must comply with legal regulations on the management and use of weapons, auxiliary tools, and technical equipment.

Article 10. Head of the Transport Group, Commander of the People's Police Force for Protecting Special Cargo Transport

1. The Head of the Transport Group is an officer under the direct management agency of special cargo assigned by the head of the agency managing special cargo to serve as the Head of the Special Cargo Transport Group.

The Head of the Transport Group is responsible for organizing the handover, receipt, transport, loading, unloading, and management and preservation of special cargo, coordinating with the People's Police Force during the protection of transport and other tasks assigned by the head of the direct management agency of special cargo.

2. The Commander of the People's Police Force for protecting special cargo transport is assigned by the head of the agency responsible for protecting special cargo transport, and is responsible for commanding forces on the transport vehicle to implement plans for handling situations and incidents, organizing measures to ensure safety for personnel, vehicles, and special cargo.

3. Forces performing tasks on the transport vehicle must comply with orders from the Commander during the protection of special cargo transport.

Article 11. Transport Process

1. Organizing the safe protection of special cargo during transport from the time of handover, receipt, and loading onto the transport vehicle; during the journey; until reaching the destination and completing the handover at the receiving location.

2. Adhering to the prescribed route for transporting special cargo, except in cases stipulated in Clause 7 of this Article; complying with traffic regulations for road, rail, inland waterway, and air transport.

3. Not carrying persons without duty or any other items that are not special cargo on the special cargo transport vehicle, except when sending special cargo for transport via inland waterway or air transport.

4. Special cargo transport vehicles are given priority when passing through stations, bridges, ferries, tunnels, mountain passes, toll booths, and can travel during peak hours.

5. Transporting special cargo during daylight hours, except in the following cases where the timing of transport should be adjusted based on actual conditions:

a) Transport using railway or inland waterway transportation means;

b) Urgent situations requiring immediate response to security monetary needs, or to mitigate disaster consequences such as floods, and other necessary circumstances requiring nighttime transport of special cargo via road or air transportation means.

6. For multi-day road transport trips, at night, special cargo transport vehicles must be parked at the local agency managing special cargo or the nearest police or military unit and security forces must be arranged to ensure safety.

7. In cases where it is necessary to change the time or location of stops along the transport route due to handling situations or incidents or upon request of the Head of the Transport Group, the Commander of the People's Police Force on the transport vehicle will decide based on actual circumstances and notify relevant agencies, organizations, and individuals along the transport route to coordinate in ensuring the safety of special cargo.

8. Inspection posts and mobile patrol units enforcing the law along the transport route shall not inspect special cargo, vehicles, and other means of transport engaged in the transport of special cargo while on the road or at ports, ships, or train stations.

In cases where there are signs of law violations or violations occur, they shall be brought to the nearest police station, reported to the Provincial or Central City Public Security Department Director where the violation occurred, or the head of the People's Police Force directly under the Ministry of Public Security responsible for protecting special cargo transport for instructions on handling.

Article 12. Conditions for ensuring special cargo transportation work

The agency managing special cargo shall arrange and organize accommodation and rest places for members of the transportation team at locations along the transportation route or at the destination, and pay additional allowances, subsidies, and other expenses to the members of the transportation team in accordance with the provisions of the law.

Chapter III

RESPONSIBILITIES OF MINISTRIES, SECTORS, LOCAL AUTHORITIES AND ORGANIZATIONS, INDIVIDUALS RELATED TO THE WORK OF PROTECTING SPECIAL CARGO TRANSPORTATION
 IN THE WORK OF PROTECTING SPECIAL CARGO TRANSPORTATION

Article 13. Responsibilities of the Ministry of Public Security

1. Shall be responsible before the Government for implementing state management over the work of protecting special cargo transportation.

2. Shall take the lead and coordinate with ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees under the central government, and other relevant agencies and organizations to organize the implementation of measures to ensure security and safety for special cargo transportation trips.

3. Shall promulish procedures for the implementation of the work of protecting special cargo transportation by the People's Police force.

4. Shall direct and organize the People's Police force to develop plans, schemes, armament for protecting special cargo transportation, and assign officers and soldiers to perform specialized tasks of protecting special cargo transportation from the current establishment of public security units and localities.

5. Shall direct other business forces under the Ministry of Public Security and provincial public security organs to closely cooperate in protecting the security and safety of special cargo transportation trips.

6. Shall equip weapons, support tools, means, and technical equipment for the work of protecting special cargo transportation in accordance with the provisions of the law.

7. Shall train and instruct the People's Police force in armed protection of special cargo transportation.

8. Shall inspect, examine, and handle violations in the work of protecting special cargo transportation.

9. Shall conduct mid-term and final reviews of the work of protecting special cargo transportation.

Article 14. Responsibilities of ministries, ministerial-level agencies, and government-affiliated agencies

1. Shall direct and guide subordinate agencies and units under their direct management to properly store special cargo and implement organizational transportation work for special cargo, and coordinate with relevant agencies and organizations to protect the safety of special cargo transportation trips.

2. Shall coordinate with the People's Police force in preventing, detecting, and stopping acts that infringe upon special cargo or obstruct transportation processes.

Article 15. Responsibilities of the Ministry of Transport

1. Shall coordinate with the agency managing special cargo and relevant agencies and organizations to effectively implement the provisions of this Decree to meet the requirements of the work of protecting special cargo transportation.

2. Shall direct and guide subordinate agencies and units under their management to create favorable conditions for the agency managing special cargo to lease, borrow, and use transportation means for special cargo on railways, send special cargo via inland waterway transport and air transport; prioritize transportation means for special cargo to follow the designated routes to ensure coordination in the work of protecting the security and safety of special cargo.

Article 16. Responsibilities of the Ministry of National Defense

1. Shall direct subordinate units under their management to coordinate and support protection and handling when incidents or accidents occur during special cargo transportation trips on the route or in the area of transportation.

2. Shall coordinate in providing information, situations, methods, and tactics of national security-related criminal activities related to the work of protecting special cargo transportation carried out by the People's Police force responsible for armed protection according to the request of the Ministry of Public Security.

Article 17. Responsibilities of Provincial People's Committees and Municipal People's Committees under the Central Government

1. Shall organize the implementation and direct agencies, organizations, and individuals under their management at the local level to strictly comply with the provisions of this Decree, other relevant laws, and guidance from the Ministry of Public Security regarding the work of protecting special cargo transportation.

2. Shall coordinate with the Ministry of Public Security and relevant agencies to create favorable conditions for the protection of the safety of special cargo transportation trips of the State passing through or stopping at the locality.

3. Shall direct agencies and units under their management to promptly handle incidents occurring in the locality involving special cargo transportation trips, specifically:

a) Rescue people, means of transport, and special cargo;

b) Remove victims (if any) from the incident site and organize emergency medical care for victims;

c) Organize forces to protect special cargo and means of transport for special cargo;

d) Protect the scene and assist in investigation and resolution of consequences; isolate the affected area and evacuate residents from dangerous zones.

Article 18. Responsibilities of other agencies, organizations, and individuals along the transportation route

1. Support the People's Armed Police Force in their duties to protect the transportation of special goods by preventing, detecting, stopping, and handling acts that infringe upon special goods or obstruct the transportation process.

2. Provide timely information related to the security and safety protection of special goods.

Chapter IV

IMPLEMENTING PROVISIONS

Article 19. Effective Date

1. This Decree takes effect from April 10, 2018.

2. Based on the provisions of this Decree, the Ministry of Public Security shall develop plans to ensure security and safety for national treasures during transportation abroad, temporary storage abroad, and return to Vietnam.

Article 20. Responsibility for Implementation

1. The Minister of Public Security is responsible for guiding and supervising the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.