Ordinance No. 25/2005/PL-UBTVQH11 on Guarding

ORDINANCE

GUARDING

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;

WHEREAS, Decision No. 35/2004/QH11 dated November 25, 2004 of the National Assembly, Session 6, concerning the Program on Law and Ordinance Construction in 2005;

This Ordinance regulates guarding;

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Ordinance stipulates the objects of guarding, measures and systems of guarding; guarding forces; tasks and authorities of the guarding forces; responsibilities of agencies, organizations, and citizens in guarding work.

Article 2. Applicability

This Ordinance applies to agencies, organizations, and citizens of the Socialist Republic of Vietnam; individuals and organizations from foreign countries and international organizations residing or operating within the territory of Vietnam; in cases where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise, such treaties shall apply.

Article 3. Definitions

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

1. Guarding is special protective work organized and implemented by the State to ensure absolute safety for the guarding objects specified in this Ordinance.

2. Guarding work involves implementing basic measures as prescribed by law to ensure absolute safety for the guarding objects.

Article 4. Principles of guarding work

1. Compliance with the Constitution and legal provisions in organizing and implementing guarding work, ensuring the interests of the State, and the legitimate rights and interests of organizations and individuals.

2. Being under the leadership of the Communist Party of Vietnam, unified management by the State, and direct guidance by the Minister of Public Security and the Minister of Defense.

3. Relying on the people, mobilizing the comprehensive strength of the political system and the whole society; being proactive in prevention; promptly detecting, preventing all plots, activities, and other actions that harm the safety of the guarding objects.

Article 5. Responsibilities of the Ministry of Public Security and the Ministry of Defense in guarding work

1. The Ministry of Public Security is responsible before the Government for managing state affairs related to guarding work; leading and coordinating with other Ministries and equivalent agencies to implement guarding work.

2. The Ministry of Defense manages the guarding forces and guarding work within the military.

3. The Ministers of Public Security and Defense shall issue regulations on coordination in implementing guarding work between the guarding forces under the Ministry of Public Security and those under the Ministry of Defense.

Article 6. Responsibilities of Ministries, equivalent agencies, and People's Committees of provinces and centrally-administered cities in guarding work

Ministries, equivalent agencies, and People's Committees of provinces and centrally-administered cities within their respective duties and powers have the responsibility to coordinate with the Ministry of Public Security and the Ministry of Defense in implementing guarding work.

Article 7. Responsibilities of agencies, organizations, and citizens in guarding work

Agencies, organizations, and citizens have the responsibility to strictly comply with the requirements of the guarding forces, cooperate with the guarding forces to ensure absolute safety for the guarding objects as stipulated in this Ordinance.

Article 8. Policies and benefits for agencies, organizations, and individuals participating in guarding work

Agencies, organizations, and individuals participating in guarding work who achieve meritorious results shall be rewarded; those suffering property losses shall be compensated; those injured, harmed in health, or suffered loss of life shall themselves and their families enjoy policies and benefits as prescribed by law.

Article 9. Prohibited acts

1. Infringing upon the safety of the guarding objects.

2. Obstructing the activities of the guarding forces when performing their duties.

3. Misusing the performance of duties and powers of the guarding forces to infringe upon the interests of the State, and the legitimate rights and interests of organizations and individuals.

Chapter II

OBJECTS OF GUARDING, MEASURES AND SYSTEMS OF GUARDING

Article 10. Objects of guarding

1. Senior leaders of the Communist Party of Vietnam and the State of the Socialist Republic of Vietnam, including:

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

b) President;

c) Chairman of the National Assembly;

d) Prime Minister;

đ) Former General Secretaries of the Central Committee of the Communist Party, former Presidents, former Chairmen of the National Assembly, former Prime Ministers;

e) Members of the Politburo of the Central Committee of the Communist Party;

g) Central Committee Secretaries;

h) Chairman of the Central Committee of the Vietnam Fatherland Front, Vice President, Vice Chairman of the National Assembly, Deputy Prime Minister.

2. International guests visiting and working in Vietnam, including:

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

b) Deputies of heads of State, legislative bodies, and Government;

c) Other invited guests of the Central Committee of the Communist Party, President, National Assembly, and Government.

3. Work areas of important agencies of the Communist Party of Vietnam and the State of the Socialist Republic of Vietnam, including:

a) Work area of the Central Committee;

b) Work area of the President;

c) Work area of the National Assembly;

d) Work area of the Government.

4. Ho Chi Minh Mausoleum area.

5. Important activities organized by the Communist Party of Vietnam, the State of the Socialist Republic of Vietnam, and central-level political-social organizations, including:

a) National Congress of the Party;

b) Meeting of the Central Committee of the Party;

c) Sessions of the National Assembly;

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

đ) Conferences and ceremonies organized by the Central Committee and the State;

e) National Congresses organized by central-level political-social organizations;

g) International conferences hosted by the State.

6. Places of residence of the guarding objects specified in points a, b, c, d, đ, and e of Clause 1, point a of Clause 2, and collective residences of delegates attending the activities specified in points a, b, c, d, and g of Clause 5 of this Article.

7. Based on political and security requirements at different stages, the Government shall specify other guarding objects and measures and systems of guarding for these objects.

8. Protection of key national security facilities shall be carried out in accordance with the laws on protection of key national security facilities.

Article 11. Measures and systems of guarding

1. For the guarding objects specified in points a, b, c, d, đ, and e of Clause 1, point a of Clause 2 of Article 10 of this Ordinance, the following measures and systems of guarding shall be applied:

a) Continuous access protection;

b) Armed patrols and continuous guarding of places of residence and work;

c) Other operational measures as prescribed by law.

2. The subjects of protection specified in points g and h Clause 1, point b Clause 2 Article 10 of this Ordinance shall be subject to the following protection measures and regimes:

a) Continuous access protection;

b) Other business measures as prescribed by law;

c) In cases where there are complex situations regarding security and public order at the place of residence, workplace, or area where the subject of protection is operating, additional protection measures and regimes as stipulated in point b Clause 1 and point b Clause 4 of this Article may be applied.

3. The subjects of protection specified in point c Clause 2 Article 10 of this Ordinance shall be subject to one or all of the protection measures and regimes prescribed in Clause 1 of this Article, based on the relationship between Vietnam and the relevant party, international practice, requirements from the guest side, and actual circumstances.

4. The subjects of protection specified in Clause 3 and Clause 6 Article 10 of this Ordinance shall be subject to the following protection measures and regimes:

a) Armed patrols and regular guarding;

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

c) Other operational measures as prescribed by law.

5. The Ho Chi Minh Mausoleum area shall be subject to protection measures and regimes as prescribed by law.

6. The subjects of protection specified in Clause 5 Article 10 of this Ordinance shall be subject to one or all of the protection measures and regimes prescribed below, based on the scale, level of organization, location, and security and public order situation at that time:

a) Deployment of forces for patrolling and guarding the area and location of the event;

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

c) Inspection and control of people, objects, and means entering and exiting the area and location of the event;

d) Other business measures as prescribed by law.

7. When using means of transportation such as cars, trains, ships, aircraft, or other means, the subjects of protection specified in Clause 1 and Clause 2 Article 10 of this Ordinance shall be subject to protection measures and regimes as prescribed by the Government, depending on the specific situation and protection requirements.

Article 12. Rights and obligations of the subjects of protection

The subjects of protection specified in Clause 1 and Clause 2 Article 10 of this Ordinance have the following rights and obligations:

1. Have the right to request the protection force to fully implement the protection measures and regimes as prescribed by law;

2. Have the obligation to comply with protection requirements.

Chapter III

PROTECTION FORCES; TASKS, POWERS, RESPONSIBILITIES

POWERS AND POLICIES FOR PROTECTION FORCES

POLICIES FOR PROTECTION FORCES

Article 13. Protection forces

1. Protection forces include:

a) Officers, non-commissioned officers, and soldiers of the Protection Command under the Ministry of Public Security;

b) Officers, professional military personnel, non-commissioned officers, and soldiers performing protection tasks in the Military Security Protection Bureau under the Ministry of National Defense.

The subjects specified in point a and point b Clause 1 hereinafter are collectively referred to as protection officers and soldiers.

2. The organizational structure of the protection forces shall be prescribed by the Government.

The establishment and equipment of the protection forces shall be prescribed by the Minister of Public Security and the Minister of National Defense.

Article 14. Recruitment standards for the protection forces

1. Vietnamese citizens who meet the conditions regarding political quality, morality, education, health, have vocational aptitude, and are within the specified age range, if willing, may be recruited for long-term training and service in the protection forces.

2. The Minister of Public Security and the Minister of National Defense shall prescribe recruitment standards for the protection forces.

Article 15. Building the protection forces

The State builds revolutionary, regular, efficient, and modern protection forces; implements investment policies and equips technical means to ensure that the protection forces can perform their tasks.

Article 16. Tasks of the protection forces

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

a) Ensuring absolute safety for the subjects of protection in all situations;

b) Guiding related forces in performing protection work;

c) Assisting the Minister of Public Security in advising and proposing to competent state agencies to promulgate and organize the implementation of laws on protection, organizing forces to coordinate and deploy plans for protection.

2. The Military Security Protection Bureau under the Ministry of National Defense has the following tasks:

a) Performing protection work in the military;

b) Advising and proposing to the Minister of National Defense on protection work in the military; coordinating and deploying plans to protect other subjects of protection when visiting or working in areas managed by the military;

c) Coordinating with the protection forces under the Ministry of Public Security and related forces to ensure absolute safety for the subjects of protection when outside areas managed by the military.

Article 17. Powers of the protection forces

1. While performing their duties, the protection forces have the following powers:

a) Requesting units of the People's Armed Forces, agencies, organizations, and individuals to provide information and documents related to protection work and to support the protection forces when necessary to perform protection tasks;

b) Seizing, according to the provisions of law, communication means, transportation means, and other assets, including the users and controllers of those means, in urgent situations to ensure the safety of the subjects of protection;

c) Using weapons and auxiliary tools to neutralize the attacking capability of persons directly threatening the subjects of protection and the forces performing protection tasks;

d) Temporarily suspending or stopping activities if there is evidence that such activities may pose a threat to the safety of the subjects of protection;

đ) Applying other business measures as prescribed by law;

e) Refusing to execute requests not falling within the protection measures and regimes prescribed by law on protection.

2. The Government shall specify in detail the scope and authority of the protection officers and soldiers prescribed in points a, b, c, d, and đ Clause 1 of this Article.

Article 18. Responsibilities of the protection officers and soldiers

1. Absolute loyalty to the Communist Party of Vietnam and the Socialist Republic of Vietnam; ready to fight and sacrifice to ensure absolute safety for the subjects of protection.

2. Keeping secrets about protection work; implementing protection measures and regimes as prescribed by this Ordinance and other related legal documents.

3. Regularly study to enhance awareness levels, professional skills, and physical fitness to fulfill tasks.

4. Shall be responsible under the law for the exercise of rights prescribed in Clause 1 of Article 17 of this Ordinance.

Article 19. Treatment and policies for security guards' officers and soldiers

Security guards' officers and soldiers shall enjoy treatment and policies in accordance with the provisions of the law for officers and soldiers of the People's Public Security or officers and soldiers of the People's Army, and shall also enjoy allowances and other preferential treatments as prescribed by the Government.

Chapter IV

IMPLEMENTING PROVISIONS

Article 20. Effectiveness

This Ordinance takes effect from October 1, 2005.

Article 21. Implementation guidance

The Government shall provide detailed regulations and guidance for the implementation of this Ordinance./.