Law on Management and Protection of National Defense Works and Military Areas No. 25/2023/QH15

LAW

MANAGEMENT AND PROTECTION OF NATIONAL DEFENSE CONSTRUCTIONS AND MILITARY ZONES

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

The National Assembly promulgates the Law on Management and Protection of National Defense Constructions and Military Zones.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the management and protection of national defense constructions and military zones; rights, obligations, and responsibilities of agencies, units, organizations, households, and individuals; systems and policies in the activities of managing and protecting national defense constructions and military zones.

Article 2. Interpretation of Terms

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

1. National defense construction is a construction project, terrain, or natural object identified and improved by the military, agencies, or organizations entrusted with management and protection for the purpose of serving military activities, national defense, and homeland security. National defense constructions may be located within or outside military zones.

2. Military zone is a defined area established on land, underground, on water, underwater, or in airspace, specifically designated for military and national defense purposes.

3. Ammunition depot is a type of national defense construction or military zone used for storing, producing, repairing, and processing ammunition, raw materials, and explosives of the Vietnam People's Army.

4. Military antenna system is a type of national defense construction or military zone consisting of a set of synchronized equipment used to emit or receive electromagnetic waves in space, serving strategic and campaign military and national defense tasks of the Vietnam People's Army.

5. Prohibited Area Protected area

6. is an area limited by boundaries on land, underground, on water, underwater, or in airspace surrounding a national defense construction or military zone, established to strictly control the activities of people and vehicles, ensuring security and safety, and preventing acts of intrusion, sabotage, and collection of state secrets and military secrets. Protective area

7. is an area limited by boundaries on land, underground, on water, underwater, or in airspace surrounding the restricted area, established to control the activities of people and vehicles, ensuring security and safety for national defense constructions and military zones. Safety perimeter

8. is an area limited by boundaries surrounding the restricted area or protective area, established according to management and protection requirements to ensure security and safety for national defense constructions and military zones. Scope of protection for national defense constructions and military zones

9. is a spatial limit established for the management and protection of national defense constructions and military zones; it may include the restricted area, protective area, and safety perimeter, or only the restricted area, or only the restricted area and protective area, or only the restricted area and safety perimeter. For ammunition depots, the scope of protection includes the restricted area and the safety perimeter of the ammunition depot; for the military antenna system, the scope of protection includes the restricted area and the technical safety corridor of the military antenna system. Safety perimeter of the ammunition depot

10. is an area surrounding the ammunition depot, located between the inner and outer limits with a distance equal to the safety radius, including on land, underground, on water, underwater, or in airspace. Basic path of the ammunition depot

11. is a closed path connecting the outer points or edges of the outermost ammunition storage buildings in the ammunition depot area, used as a reference point to determine the inner limit of the safety perimeter of the ammunition depot. Inner limit of the safety perimeter of the ammunition depot

12. is a closed path at a certain distance from the basic path of the ammunition depot depending on the nature and characteristics of the ammunition depot. Outer limit of the safety perimeter of the ammunition depot

13. is a closed path composed of the outermost points of the safety radius of the ammunition depot. Safety radius of the ammunition depot

14. is the minimum distance measured from the inner limit of the safety perimeter of the ammunition depot outward around it to ensure safety for people and property on land, underground, on water, underwater, or in airspace if an accident such as fire or explosion occurs in the ammunition depot. Technical safety corridor of the military antenna system

15. is an area on land, underground, on water, underwater, or in airspace limited from the outer edge of the military antenna system outward to a certain distance depending on the technical capabilities of each antenna system to ensure normal operation of the military antenna system. Outer edge of the military antenna system

16. is a closed path composed of the outermost points of the military antenna system. Antenna obstacle

Article 3. Principles for managing and protecting defense works and military zones

1. Adhere to the Constitution and laws; be consistent with international treaties to which the Socialist Republic of Vietnam is a member and relevant international agreements; protect the interests of the State, the rights and legitimate interests of organizations and individuals.

2. Managing and protecting defense works and military zones is a crucial and ongoing task, a responsibility of the entire people and the whole political system, with the People's Army serving as the core.

3. Combine the management and protection of defense works and military zones with economic and social development, integrating economic and social development with the management and protection of defense works and military zones.

4. Management and protection of defense works and military zones must be unified according to approved planning and plans; ensure confidentiality, safety, appropriate purpose, functional use, and suitability for each type and group of defense works and military zones.

Article 4. State policy on managing and protecting defense works and military zones

1. Ensure resources for managing and protecting defense works and military zones, prioritizing strategic areas, key points regarding national defense, particularly important defense works and military zones, to meet the requirements of military tasks, national defense, and homeland defense.

2. Implement appropriate systems and policies for forces managing and protecting defense works and military zones.

3. Implement appropriate systems and policies to ensure the requirements for local economic and social development, the rights and legitimate interests of organizations, households, and individuals affected by activities related to the management and protection of defense works and military zones.

4. Study and apply advanced science and technology to activities related to the management and protection of defense works and military zones.

Article 5. Classification of defense works and military zones

1. Based on functions, tasks, and purposes of use, defense works and military zones are classified into types A, B, C, and D.

2. Defense works and military zones of type A serve the task of combat defense to protect the country, including:

a) Defense works consisting of command facilities, combat facilities, combat support facilities; wartime evacuation facilities of Ministries and central agencies; military airports, military ports; natural caves that have been improved or planned for use in combat and defense tasks; ancient citadels, ancient fortresses, historical tunnels, trenches, and blockhouses;

b) Military zones comprising command post areas at various levels, military bases, battle deployment areas, combat support areas.

3. Defense works and military zones of type B serve the training and exercise tasks of the armed forces and Self-Defense Militia, including:

a) Defense works consisting of shooting ranges, training fields;

b) Military zones comprising shooting ranges, training centers, areas for military exercises under the Ministry of National Defense.

4. Defense works and military zones of type C serve the storage, repair, destruction of weapons, ammunition, equipment, research, testing, and production of defense products, including:

a) Defense works for storing ammunition, weapons, technical equipment at various levels; storing logistical materials, fuel for the military; facilities for research, testing, production, and destruction of weapons, ammunition, and equipment;

b) Military zones comprising ammunition depots, weapon depots, technical equipment depots, logistical material depots; defense factories, enterprises, research facilities, testing facilities for weapons, areas for processing and destroying weapons and ammunition.

5. Defense works and military zones of type D serve the daily living, studying, and working of the military, including:

a) Defense works comprising office buildings, residences, dining halls, kitchens, conference halls, specialized buildings, technical infrastructure facilities;

b) Military zones comprising headquarters of military agencies at various levels, military camps, academies, schools, research institutes, hospitals, infirmaries, convalescent homes, rehabilitation centers, cultural and sports centers, defense housing areas, military museums, and detention facilities.

6. The Government shall provide detailed regulations for this Article.

Article 6. Classification of National Defense Works and Military Areas

1. Based on their importance and management and protection requirements, national defense works and military areas are classified into Special Group, Group I, Group II, and Group III.

2. The Special Group includes important national defense works and military areas that must apply strict management and protection measures to ensure absolute secrecy and safety:

a) National defense works and military areas serving the leadership of the Party and State and strategic-level agencies of the Ministry of National Defense; national defense works and military areas playing a decisive role in protecting combat forces and means for homeland defense;

b) Research, testing, and production facilities for special weapons and equipment;

c) Other works as decided by the Prime Minister.

3. Group I includes very important national defense works and military areas requiring strict management and protection to ensure secrecy and safety:

a) Type A national defense works and military areas serving border, airspace, maritime, and island defense combat missions; military and national defense tasks at the operational level; wartime evacuation facilities of central ministries and agencies;

b) Type B military areas including national military training centers, division-level firing ranges, and equivalent facilities; regional firing ranges, sea firing ranges; shooting ranges and training grounds built within the military areas specified herein;

c) Type C military areas including ammunition, weapon, technical equipment, and logistics material warehouses; factories and workshops producing and repairing weapons and ammunition; strategic-level testing, processing, and destruction zones; national defense works serving the storage, repair, destruction, research, testing, and production of defense products built within the military areas specified herein;

d) Type D military areas including the headquarters of the Ministry of National Defense; national defense works serving daily living, study, and work activities built within the military areas specified herein.

4. Group II includes important national defense works and military areas requiring strict management and protection to ensure secrecy and safety:

a) Type A national defense works and military areas serving military and national defense tasks at the tactical level;

b) Type B military areas including division-level firing ranges, provincial-level military command headquarters, and equivalent facilities; specialized training centers, shooting ranges; shooting ranges and training grounds built within the military areas specified herein;

c) Type C military areas including tactical-level ammunition, weapon, technical equipment, and logistics material warehouses; factories and workshops producing and repairing weapons and ammunition; campaign-level defense product manufacturing plants; national defense works serving the storage, repair, destruction, research, testing, and production of defense products built within the military areas specified herein;

d) Type D military areas including the headquarters of military regions, corps, services, arms, and equivalent units; national defense works serving daily living, study, and work activities built within the military areas specified herein.

5. Group III includes national defense works and military areas applying management and protection measures to ensure secrecy and safety:

a) Type A national defense works and military areas including ancient fortresses, forts, tunnels, trenches, and pillboxes left over from history;

c) Type C military areas including tactical-level ammunition, weapon, technical equipment, and logistics material warehouses; national defense works serving the storage, repair, and destruction of weapons, ammunition, and equipment built within the military areas specified herein;

d) Type D military areas including the headquarters of division-level units, provincial-level military command headquarters, and equivalent units; military academies, schools, research institutes, hospitals, infirmaries, convalescent homes, rehabilitation centers; defense cultural and sports centers; residential complexes; military museums; detention facilities; national defense works serving daily living, study, and work activities built within the military areas specified herein.

6. The Government shall provide detailed regulations for this Article.

Article 7. Dual-purpose Works

1. Dual-purpose works are works used for both military and national defense purposes and civilian purposes, including civilian works with dual-use characteristics and national defense works with dual-use characteristics, which are decided by competent authorities when approving investment proposals or changing and supplementing usage purposes.

2. The leading agency responsible for reviewing investment proposals and projects of civilian works with dual-use characteristics shall be responsible for soliciting opinions from the Ministry of National Defense on the dual-use nature of the works before submitting to competent authorities for approval.

3. Investors and owners of dual-purpose works have the responsibility to provide design documents, completion records, and cooperate with agencies and units of the Ministry of National Defense to register, classify, group, and manage documents according to regulations of the Ministry of National Defense.

4. The Minister of National Defense shall take the lead and coordinate with the Ministers, Heads of central agencies, and Chairpersons of provincial People's Committees related to submit to the Prime Minister for decisions on using or ceasing dual-use for national defense works.

5. The Minister of National Defense shall decide on a time-limited transfer of dual-purpose works from civilian use to military use in emergency situations to fulfill national defense tasks during wartime or urgent national defense situations.

6. Management and protection of dual-purpose works are regulated as follows:

a) When dual-purpose works are used for civilian purposes, they are managed and used according to relevant laws and registration, statistics, and inventory records are established according to Articles 10 and 14 of this Law;

b) When dual-purpose works are used for military and national defense purposes, they are managed and protected according to this Law;

c) In cases where dual-purpose works are simultaneously used for military and national defense purposes and civilian purposes, the owner of the work has the responsibility to lead and coordinate with related agencies, units, and localities to organize management and protection of the work according to this Law and relevant laws;

d) Renovation and repair of civilian works with dual-use characteristics that change their functionality for military and national defense purposes must have the unified opinion of the Ministry of National Defense.

7. Changing ownership or removing civilian works with dual-use characteristics from the list of dual-purpose works must have the unified opinion of the Ministry of National Defense and permission from competent authorities.

8. The State has policies to encourage organizations and individuals to invest in and construct dual-purpose works and convert civilian works into dual-purpose works.

Article 8. Prohibited Acts

1. Appropriating, occupying, encroaching upon, illegally entering; destroying, damaging architectural structures, equipment of national defense works and military zones.

2. Illegally collecting, appropriating, destroying, disclosing secrets of documents, information of national defense works and military zones.

3. Using improperly, misusing; changing usage purposes, demolishing national defense works and relocating military zones contrary to the provisions of the law.

4. Constructing, exploiting, installing equipment affecting architectural structures, functionality, safety, and secrecy of national defense works and military zones.

5. Obstructing, opposing the performance of tasks of management and protection forces or organizations, entities, individuals participating in the management and protection of national defense works and military zones.

6. Taking advantage, abusing powers, duties assigned in the management and protection of national defense works and military zones to gain personal benefits, harming the interests of the State, rights and legitimate interests of organizations, households, and individuals.

Chapter II
MANAGEMENT OF NATIONAL DEFENSE WORKS AND MILITARY ZONES

Article 9. Content of Defense Construction Management and Military Zone Management

1. Establish management files for defense constructions and military zones.

2. Maintain and repair defense constructions.

3. Change the purpose of use for defense constructions and military zones.

4. Demolish defense constructions and relocate military zones.

5. Statistics and inventory of defense constructions and military zones.

Article 10. Establishment of Management Files for Defense Constructions and Military Zones

1. The management file for defense constructions and military zones includes:

a) Map of the location of defense constructions and military zones;

b) Land registry map or layout diagram determining the scope of land use, including water surface land, accompanied by land use right certificate or decision of the competent authority regarding the transfer of land management and use, including water surface land, and marine areas;

c) Maps, diagrams, and documents defining boundaries of restricted areas, protected areas, safety zones, safety zones around ammunition depots, and technical safety corridors of military antenna systems;

d) Design and completion files of construction projects according to laws on construction and related laws; for ancient forts, historical fortifications, underground facilities, and defense constructions without design and completion files, drawings and layout diagrams of current conditions shall be established;

đ) Other relevant documents and materials.

2. Responsibilities for establishing management files for defense constructions and military zones are stipulated as follows:

a) The project investor shall take the lead and coordinate with relevant agencies, units, and localities to establish management files for defense constructions and military zones that are newly constructed or established;

b) The unit entrusted with management shall take the lead and coordinate with relevant agencies, units, and localities to establish management files for defense constructions and military zones not covered by point a of this clause.

3. The confidentiality level of the files shall be determined appropriately for each type and group of defense constructions and military zones; they shall be stored, managed, and used in accordance with this Law and laws on state secrets protection.

4. The Minister of National Defense shall provide detailed regulations on this matter.

Article 11. Maintenance and Repair of Defense Constructions

1. Defense constructions shall be regularly maintained and repaired in accordance with the prescribed regime, standards, and economic-technical norms to ensure safety and maintain their operational capability according to their functions and tasks.

2. Units managing and using defense constructions have the responsibility to maintain and repair them according to plans and procedures suitable for each type and group of defense constructions and equipment installed within them.

3. During peacetime, Class A defense constructions shall be regularly maintained or sealed up and covered; when there is a need for tasks, they shall be unsealed and uncovered.

4. The Minister of National Defense shall provide detailed regulations on this matter.

Article 12. Changing the Purpose of Use for Defense Constructions and Military Zones

1. Changing the purpose of use for defense constructions and military zones must not affect military and defense tasks or national security confidentiality; it must be consistent with the approved planning of the defense construction system and military zones by the competent authority.

2. Cases where defense constructions and military zones can change their purposes of use include:

a) Changing the purpose of use for defense constructions and military zones managed by the Ministry of National Defense based on military and defense requirements;

b) No longer needing them for military and defense tasks, requiring a change in purpose to develop socio-economic activities and serve civilian needs;

c) Still needing them for military and defense tasks but located within the implementation area of socio-economic development projects according to approved planning, and the Ministry of National Defense has agreed in writing to change the purpose of use for defense constructions and military zones during the approval process of investment projects.

3. Decision-making authority for changing the purpose of use for defense constructions and military zones is stipulated as follows:

a) The Prime Minister decides to change the purpose of use for defense constructions and military zones to other purposes for cases specified in points b and c of Clause 2 of this Article, while also considering and approving the recovery of land according to land laws for the area of defense constructions and military zones changed to other purposes;

b) The Minister of National Defense decides or delegates decision-making authority for changing the purpose of use for defense constructions and military zones specified in point a of Clause 2 of this Article.

4. In cases where the purpose of use for defense constructions and military zones is changed as specified in point c of Clause 2 of this Article, it shall be carried out as follows:

a) The provincial People's Committee is responsible for allocating land funds to establish new military zones suitable for military and defense tasks;

b) Agencies, organizations, and investors implementing projects must compensate and support the establishment of new defense constructions and military zones to ensure the fulfillment of military and defense tasks according to this Law and related laws.

5. In cases where the purpose of use for defense constructions and military zones is changed in conjunction with the recovery of defense land, compensation and support shall be implemented according to this Law and related laws.

6. The Government shall provide detailed regulations for this Article.

Article 13. Demolition of National Defense Works and Relocation of Military Areas

1. National defense works shall be demolished in the following cases:

a) They are severely damaged or deteriorated, affecting safety in management, operation, and use;

b) They have completed their mission for temporary construction or installation;

c) They are no longer needed for military or national defense tasks but cannot be repurposed due to state secrecy requirements;

d) They are within the scope of economic and social development projects where the implementing agencies or organizations, or project sponsors do not need to continue using them or must demolish them to ensure state secrecy;

đ) To handle urgent situations as decided by the competent authority.

2. Military areas shall be relocated in the following cases:

a) Relocation according to military or national defense tasks;

b) Relocation to implement economic and social development projects as approved by the competent authority.

3. The authority to decide on the demolition of national defense works and the relocation of military areas is stipulated as follows:

a) The Prime Minister decides on the relocation of military areas in cases specified in point a, Clause 2 of this Article involving land recovery and in cases specified in point a, Clause 2 of this Article that do not involve land recovery;

b) The Minister of National Defense decides or delegates the authority to decide on the demolition of national defense works specified in Clause 1 of this Article; decides on the relocation of military areas in cases specified in point a, Clause 2 of this Article that do not fall under the cases specified in point a of this clause;

4. The demolition of national defense works and the relocation of military areas specified in Clauses 1 and 2 of this Article shall be carried out according to plans and solutions approved by the competent authority.

5. Funding for the demolition of national defense works and the relocation of military areas is stipulated as follows:

a) The state budget shall cover the costs for cases specified in points a, b, c, and đ, Clause 1 of this Article and in point a, Clause 2 of this Article that do not involve the recovery of national defense land;

b) The implementing agencies, organizations, or project sponsors shall bear the responsibility for paying the costs for cases specified in point d, Clause 1, point a, Clause 2 of this Article involving the recovery of national defense land, and point b, Clause 2 of this Article.

6. The Minister of National Defense shall stipulate procedures and formalities for the demolition of national defense works and the relocation of military areas.

Article 14. Statistics and Inventory of National Defense Works and Military Areas

1. Units entrusted with managing and using national defense works and military areas shall conduct statistics, inventory, and comprehensive inventory in accordance with laws on public asset management and use, statistical laws, and related laws.

2. The timing for statistics and inventory is stipulated as follows:

a) Regular statistics according to management and protection requirements and tasks;

b) Inventory at the end of each accounting year;

c) Comprehensive inventory every five years or as decided by the Prime Minister.

Article 15. Responsibilities for Managing National Defense Works and Military Areas

1. The Minister of National Defense shall entrust units within the establishment to specifically manage and protect special category national defense works and Category I national defense works of type A that are not covered or buried.

2. Agencies and units under the Ministry of National Defense directly using or entrusted with managing Category I, Category II, and Category III national defense works and military areas, except those specified in Clause 1 of this Article.

3. Within their functions and responsibilities, central departments and ministries shall organize the implementation of management contents stipulated in Article 9 of this Law in conjunction with the Ministry of National Defense and provincial People's Committees where their wartime evacuation works are located.

4. Within their functions and responsibilities, People's Committees at all levels shall cooperate with the Ministry of National Defense, central departments and ministries, and military units stationed in their areas to implement the management contents stipulated in Article 9 of this Law for national defense works and military areas in their locality.

Chapter III
PROTECTION OF NATIONAL DEFENSE WORKS AND MILITARY AREAS

Article 16. Content of Protection for National Defense Works and Military Areas

1. Determine the scope of protection for national defense works and military areas.

2. Develop and implement plans to protect and prevent acts that harm the safety and secrecy of national defense works and military areas; prevent natural disasters and fires.

3. Ensure the safety of personnel, weapons, support tools, technical equipment, and material infrastructure in managing and protecting national defense works and military areas; establish stable political security and social order and safety in areas with national defense works and military areas.

Article 17. Determination of the Scope of Protection for National Defense Works and Military Areas

1. The restricted area of national defense works and military areas shall be determined according to each type, group, management and protection requirements, location, topography, and population where the national defense works and military areas are located, and shall be defined as follows:

a) The restricted area of national defense works shall be determined based on the boundaries of land and water usage and the extension from those boundaries around. The extension shall be determined according to each type and group of national defense works not exceeding 55 meters on land and 500 meters on water;

b) The restricted area of military areas shall be determined based on the boundaries of land and water usage of military areas or the airspace when military areas are established in the air;

c) The restricted area underground, underwater, and in the air of national defense works and military areas shall be determined vertically from the boundary of the restricted area from the surface of the ground and water downwards without limitation on depth, upwards in the air not exceeding 5,000 meters;

d) The restricted area shall be shown on diagrams, maps, and on-site, marked with fences, barriers, trenches, or boundary markers, signs, buoys to define the boundaries.

2. The protective zone of national defense works and military areas shall be determined from the boundary of the restricted area outward a certain distance according to each type and group, shown on diagrams, maps, and on-site, marked with boundary markers, signs, buoys, or trenches to define it and shall be defined as follows:

a) The distance from the boundary of the restricted area outward for special groups of national defense works and military areas shall not exceed 600 meters, Group I not more than 300 meters, Groups II and III not more than 200 meters;

b) For national defense works ensuring weapons and equipment, the scope of the protective zone shall be determined according to their tactical and technical capabilities, ensuring they do not affect the effectiveness of use of each type of weapon and equipment.

3. The safety buffer zone of national defense works and military areas shall be calculated from the outer boundary of the protective zone or restricted area outward a certain distance according to type and group, management and protection requirements, location, topography, and population, shown on diagrams, maps, and documents of competent authorities and shall be defined as follows:

a) The safety buffer zone of national defense works and military areas for special groups shall be prescribed by the Prime Minister;

b) The safety buffer zone of national defense works and military areas for Groups I, II, and III shall not exceed 1,500 meters.

4. The safety buffer zone of ammunition depots shall be determined from the inner limit outward with a distance equal to the safe radius shown on diagrams, maps, and on-site, marked with boundary markers, signs, buoys, or trenches to define it and shall be defined as follows:

c) In cases where there are terrain and obstacles around the ammunition depot meeting technical requirements, the safe radius prescribed in this point may be reduced but not more than 50%;

d) The safety buffer zone of ammunition depots underground, underwater, and in the air shall be determined vertically from the outer limit of the safety buffer zone on the surface of the ground and water downwards without limitation on depth, upwards in the air not exceeding 5,000 meters.

5. The technical safety corridor of military antenna systems shall be determined according to the technical capabilities of each military antenna system and shall be defined as follows:

a) The technical safety corridor of the communication antenna system is 2,000 meters; the technical reconnaissance antenna system is 3,000 meters; the radar antenna system and electronic warfare antenna system is 5,000 meters;

b) Obstacles within the technical safety corridor of military antenna systems must be at least a certain distance from the outer edge of the military antenna system to avoid affecting its operation; the determination of the minimum distance is based on the technical capabilities of each antenna system and the characteristics of the obstacles.

6. The scope of protection for national defense works and military areas prescribed in points a and d of Clause 5 of Article 6 of this Law only determines the restricted area, does not determine the protective zone and safety buffer zone.

7. The Government shall provide detailed regulations for this Article, except for the provisions in point a of Clause 3 of this Article.

Article 18. Protection regime for restricted areas, protected areas, safety zones around defense works and military zones; safety zones around ammunition depots, technical safety corridors of military antenna systems

1. The protection regime for restricted areas shall be prescribed as follows:

a) Only military and defense activities appropriate to the functions and tasks of defense works and military zones shall be carried out;

b) Persons and means of transport entering and exiting restricted areas must carry the documents specified by the competent authority; they shall only perform approved tasks and be subject to inspection and guidance by security forces;

c) Recording audio, video, investigating, surveying, positioning, measuring, describing, publishing, disseminating on mass media and cyberspace about defense works and military zones is prohibited, except with the consent of the competent authority;

2. The protection regime for special protected areas of defense works and military zones shall be prescribed as follows:

a) Individuals and households permanently residing within the protected area may engage in agricultural, forestry, fishery, salt production activities but shall not alter natural terrain;

b) Activities such as search and rescue, handling fire and explosion incidents, environmental accidents, recording audio, video, investigating, surveying, positioning, measuring, describing, publishing, disseminating on mass media and cyberspace about defense works and military zones are prohibited, except with the consent of the competent authority;

3. The protection regime for protected areas of defense works and military zones of Group I, Group II, and Group III shall be prescribed as follows:

a) Exploration and exploitation of natural resources and minerals, tourism activities, foreign investment projects, and economic organizations with foreign capital are prohibited;

b) Construction of infrastructure transportation, water conservancy, telecommunications, disaster prevention, firefighting and rescue facilities, housing and buildings; restoration and repair of cultural and historical monuments; operation of transportation means may be carried out upon permission from the competent authority;

4. The protection regime for special safety zones around defense works and military zones shall be prescribed as follows:

a) Forest resource exploitation, mineral and construction material extraction, new and expanded tourist sites, and socio-economic development investment projects require written approval from the Ministry of National Defense;

b) Foreign investment projects and economic organizations with foreign capital shall be decided by the Prime Minister;

5. Within the safety zones around defense works and military zones of Group I, Group II, and Group III, tourism development projects, exploration and exploitation of natural resources and minerals, and foreign investment projects and economic organizations with foreign capital require written approval from the Ministry of National Defense;

6. The protection regime for safety zones around ammunition depots shall be prescribed as follows:

a) Construction of houses, buildings, structures, except as provided in point b of this clause; using fire, explosives, flammable and explosive materials, flying objects carrying fire; exploration and exploitation of natural resources and minerals; parking and stopping transportation means; hunting; sightseeing tours; and large gatherings are prohibited;

b) Construction of facilities directly serving defense works, military zones, and ammunition depots; agricultural, forestry, fishery, and salt production activities; construction of facilities and activities for firefighting and rescue; construction of infrastructure transportation, water conservancy, embankments, disaster prevention; construction of high-voltage power lines under 110 kV within a radius of 500 meters from the inner boundary of the safety zone around ammunition depots; recording audio and video may be carried out upon permission from the competent authority;

7. The protection regime for technical safety corridors of military antenna systems shall be prescribed as follows:

a) Construction of houses, buildings, structures violating the minimum distance of antenna obstacles within the technical safety corridor according to government regulations; exploration and exploitation of natural resources and minerals; hunting, blasting; sightseeing tours, and large gatherings within 500 meters from the outer edge of the military antenna system are prohibited;

b) Agricultural, forestry, fishery, and salt production activities; construction of non-radiating telecommunication facilities; construction of water conservancy, embankment, disaster prevention facilities without violating the minimum distance of antenna obstacles within the technical safety corridor according to government regulations; recording audio and video may be carried out upon permission from the competent authority;

8. Aircraft are not permitted to operate within the protected areas of defense works and military zones, except with the consent of the competent authority;

9. The activities of foreigners and overseas Vietnamese within the protected areas of defense works and military zones shall be prescribed as follows:

a) Foreigners and overseas Vietnamese are not allowed to travel, operate within restricted areas, protected areas, safety zones around ammunition depots, and within 500 meters from the outer edge of the military antenna system within the technical safety corridor of the military antenna system, except as provided in point d of this clause;

b) Foreigners are not allowed to reside within the protected areas of special and Group I defense works and military zones of type A, except as provided in point d of this clause;

c) Foreigners are not allowed to permanently reside within the safety zones around defense works and military zones;

d) Travel, operation, temporary residence within the protected areas of defense works and military zones by foreigners and overseas Vietnamese when performing state diplomatic activities, cooperation, and national defense external relations shall be regulated by the Minister of National Defense;

10. The Prime Minister shall provide detailed regulations on the protection regime for special group defense works and military zones.

11. The Government shall prescribe the procedures, formalities, and authorities for permitting activities to be carried out within the scope of protecting defense works and military zones, except for the provisions on authority set forth in Clause 4, Clause 5, and Point d, Clause 9 of this Article.

Article 19. Handling of Works, Structures, Land, and Water-covered Land within the Scope of Protecting Defense Works and Military Zones

1. Except for historical and cultural relics, works, and structures must be converted to defense purposes or relocated, demolished to meet management and protection requirements of defense works and military zones when they fall under any of the following cases:

a) Within the prohibited area;

b) Within the protected area of special-class defense works and military zones;

c) Within the safety belt around ammunition depots;

d) Within the technical safety corridor of military antenna systems that violate the minimum obstacle distance of antennas;

đ) Within the protected area of defense works and military zones ensuring that various types of weapons and equipment are affected in terms of tactical capabilities, technical performance, and effectiveness of use.

2. The handling of works and structures prescribed in Clause 1 of this Article shall be carried out as follows:

a) For works and structures legally constructed or installed before the effective date of this Law, the owner shall be compensated and supported according to the provisions of the law when converting to defense purposes or relocating, demolishing;

b) For illegally constructed or installed works and structures, the violators must relocate or demolish them at their own expense and be subject to legal sanctions.

3. The area of land and water-covered land within the prohibited area that has not yet been used for defense purposes must be reclaimed for defense use according to the provisions of the law on land.

4. The responsibility for handling works, structures, areas of land, and water-covered land prescribed in Clauses 2 and 3 of this Article shall be regulated as follows:

a) The Ministry of National Defense shall take the lead and coordinate with central ministries and agencies, provincial People's Committees to review and compile lists of works and structures required to be converted to defense purposes or relocated, demolished; areas of land and water-covered land within the prohibited area that need to be reclaimed for defense use according to the provisions of the law on land; prepare plans and estimate resources for implementation and report to the Prime Minister for approval;

b) Provincial People's Committees shall take the lead and coordinate with the Ministry of National Defense and relevant central ministries and agencies to implement plans for conversion to defense purposes or relocation, demolition approved by the Prime Minister.

5. Compensation, support, and resettlement for cases where land is reclaimed or works are relocated, demolished as prescribed in Point a, Clause 2 and Clause 3 of this Article shall be implemented according to the provisions of the law on land and other related laws.

6. The Government shall prescribe the roadmap for handling works, structures, areas of land, and water-covered land within the scope of protecting defense works and military zones as prescribed in this Article.

Article 20. Forces for Protecting Defense Works and Military Zones

1. Forces for protecting defense works and military zones include:

a) Forces of the Ministry of National Defense as the core;

b) Forces of the Ministry of Public Security participating in protection;

c) Protection forces of departments, ministries, sectors, and localities assigned to manage, use, and protect defense works.

2. The Minister of National Defense shall prescribe the forces for protecting defense works and military zones, including:

a) Specialized forces for protecting special-class defense works and military zones and Class I Category A defense works without covering or burying;

b) Protection forces of units directly managing and using defense works and military zones;

c) Forces belonging to local military agencies and Self-Defense Militia protecting defense works and military zones assigned to manage and use in the locality.

3. The head of central departments, ministries, and sectors shall organize forces within their management scope to protect wartime evacuation works of their agencies; if unable to organize such forces, they shall hand over the works to the Ministry of National Defense to arrange local military agency forces to directly protect; when needed, the Ministry of National Defense shall return the works to central departments, ministries, and sectors for protection according to the provisions of this Law.

4. Standards for personnel engaged in protecting defense works and military zones are prescribed as follows:

a) They are Vietnamese citizens working in agencies, units, and organizations entrusted by the State to manage and protect defense works and military zones;

b) They have political qualifications, moral character, clear background, and strictly comply with State policies and laws;

c) They are physically fit to perform their duties;

d) They are trained, educated, and professionally developed in accordance with the tasks assigned.

Article 21. Tasks and Authorities of Forces under the Ministry of National Defense for Protecting National Defense Works and Military Areas

1. The tasks of the protection forces are defined as follows:

a) Organizing the collection, analysis, evaluation, and forecasting of situations; developing and implementing plans and schemes to protect the security and safety of national defense works and military areas;

b) Implementing preventive work, detecting, and combating plots, methods, and illegal information-gathering activities that infringe upon and damage national defense works and military areas;

c) Conducting patrols, guarding, inspecting, and controlling people and means entering and exiting restricted areas and protected zones, and carrying out protective activities for national defense works and military areas within their functional responsibilities, tasks, and authorities;

d) Building safe units; coordinating with local authorities to manage and protect national defense works and military areas and organize the construction of safe areas;

đ) Performing other tasks as prescribed by law.

2. The authorities of the protection forces are defined as follows:

a) Inspecting and controlling people and means entering and exiting restricted areas and protected zones of national defense works and military areas;

b) Preventing people and means from entering and exiting restricted areas and protected zones, temporarily holding objects and means when there is evidence that they pose a risk to the safety of national defense works and military areas;

c) Temporarily suspending or stopping the use of communication means, temporarily prohibiting traffic to carry out military and national defense tasks and ensure the safety of people and property within the protected area of national defense works and military areas according to the decision of battalion-level commanders and above;

d) Requesting agencies, organizations, and individuals to cooperate and support in performing the task of protecting national defense works and military areas as prescribed by this Law;

đ) Being allowed to use weapons, auxiliary tools, and technical equipment in performing the task of protecting the security and safety of national defense works and military areas in accordance with laws on the management and use of weapons, explosives, and auxiliary tools;

e) Using other protective measures as prescribed by law.

Article 22. Tasks and Authorities of Forces under the Ministry of Public Security Participating in the Protection of National Defense Works and Military Areas

1. The tasks of the participating forces are defined as follows:

a) Taking the lead and coordinating with forces under the Ministry of National Defense and local authorities to ensure public security, order, and social safety in areas with national defense works and military areas; for border, sea, and island areas, implementing according to laws on national borders, seas, islands, and related laws;

b) Managing foreigners and overseas Vietnamese traveling, operating, and residing within the protected area of national defense works and military areas as prescribed by this Law and related laws;

c) Cooperating with direct protection forces in preventing, detecting, blocking, and combating activities violating regulations on the management and protection of national defense works and military areas.

2. The authorities of the participating forces are defined as follows:

a) Applying necessary protective measures to ensure public security, order, and social safety at the request of direct protection forces during the process of participating in the protection of national defense works and military areas;

b) Using weapons, auxiliary tools, and technical equipment in coordinating to perform the task of protecting the security and safety of national defense works and military areas in accordance with laws on the management and use of weapons, explosives, and auxiliary tools;

c) Using other protective measures as prescribed by law.

Article 23. Tasks and Authorities of Forces under Agencies and Organizations Assigned to Protect National Defense Works

1. The tasks of forces assigned to protect shall be defined as follows:

a) Building and organizing the implementation of plans and schemes for protecting the security and safety of national defense works;

b) Patrolling, guarding, inspecting, and controlling persons and means entering and exiting restricted areas and protection zones of national defense works;

c) Cooperating with military forces, police forces, and other forces in the area to perform the task of protecting national defense works and building safe areas.

2. The authorities of forces under agencies and organizations assigned to protect national defense works shall be defined as follows:

a) Inspecting and controlling persons and means entering and exiting restricted areas and protection zones of national defense works;

b) Requesting agencies, organizations, and individuals to cooperate and support in performing the task of protecting national defense works when necessary;

c) Using auxiliary tools and technical equipment in accordance with the provisions of laws on the management and use of weapons, explosives, and auxiliary tools while performing the task of protecting the security and safety of national defense works;

d) Preventing persons and means from entering and exiting restricted areas and protection zones; temporarily holding objects and means when there is evidence that they pose a risk to the safety of national defense works.

Chapter IV
RIGHTS, OBLIGATIONS OF ORGANIZATIONS, HOUSEHOLDS, INDIVIDUALS AND REGIME, POLICIES, BUDGETS FOR GUARANTEEING IN THE MANAGEMENT AND PROTECTION OF NATIONAL DEFENSE WORKS AND MILITARY ZONES

Article 24. Rights and Obligations of Organizations, Households, Individuals in Managing and Protecting National Defense Works and Military Zones

1. Organizations, households, and individuals have the following rights:

a) Residing, producing, trading, investing, constructing, and engaging in other activities in accordance with this Law and related laws;

b) Being compensated and supported when suffering losses due to implementing management and protection measures for national defense works and military zones as stipulated by this Law and related laws;

c) Enjoying support regimes and policies prescribed in Clause 2 and Clause 3 of Article 26 of this Law.

2. Organizations, households, and individuals have the following obligations:

a) Adhering to the provisions of laws on managing and protecting national defense works and military zones;

b) Reporting and providing information to local authorities or management and protection units immediately upon discovering violations of regulations on managing and protecting national defense works and military zones;

c) Fulfilling requests of competent authorities in managing and protecting national defense works and military zones; supporting and assisting agencies, organizations, and responsible individuals in performing management and protection tasks for national defense works and military zones.

Article 25. Regime and Policies for Agencies, Units, and Individuals in Activities of Managing and Protecting National Defense Works and Military Zones

1. Individuals directly performing the task of managing and protecting national defense works and military zones shall enjoy regimes and policies in accordance with the law and appropriate regimes and policies based on the nature and requirements of their assigned tasks.

2. Agencies, units, and individuals requested to participate in activities of managing and protecting national defense works and military zones who achieve outstanding results shall be rewarded; those suffering property losses shall be compensated; individuals injured, harmed to health, or suffered loss of life shall themselves and their families enjoy regimes and policies in accordance with the law.

3. The Government shall provide detailed regulations on this Article.

Article 26. Regime and policies for localities, organizations, households, and individuals affected by the management and protection of national defense works and military zones

1. Communes, wards, towns within the scope of protection of national defense works and military zones Group particularly receive preferential state investment for economic and social development, construction of essential infrastructure through programs and projects, support for training and capacity building for grassroots cadres.

2. Organizations, households, and individuals engaged in production and business residing within the scope of protection of national defense works and military zones Group particularly enjoy policies supporting education, healthcare, labor, employment, production, business, and other social security policies as prescribed by law.

3. Organizations, households, and individuals whose rights and legitimate interests are restricted due to the requirements of managing and protecting national defense works and military zones belonging to Groups I, II, and III as prescribed by this Law shall enjoy support policies as prescribed by law.

4. The Government shall provide detailed regulations on this matter.

Article 27. Budget for the management and protection of national defense works and military zones

The state budget ensures funding for the management and protection of national defense works and military zones, which is allocated in the annual budget estimates of central ministries, agencies, and localities in accordance with the laws on the state budget and related laws.

Chapter V
RESPONSIBILITIES OF AUTHORITIES AND ORGANIZATIONS IN THE MANAGEMENT AND PROTECTION OF NATIONAL DEFENSE WORKS AND MILITARY ZONES

Article 28. Content and responsibilities of state management over the management and protection of national defense works and military zones

1. The content of state management over the management and protection of national defense works and military zones includes:

a) Issuing or submitting to competent authorities for issuance and implementation of normative legal documents on the management and protection of national defense works and military zones;

b) Developing and implementing plans for socio-economic development integrated with the management and protection of national defense works and military zones;

c) Establishing regimes and policies in the management and protection of national defense works and military zones;

d) Propagating, disseminating, and educating the law on the management and protection of national defense works and military zones;

e) Inspecting, auditing, handling violations, resolving complaints and denunciations, summarizing and concluding, rewarding in the management and protection of national defense works and military zones.

2. State management responsibilities over the management and protection of national defense works and military zones are defined as follows:

a) The Government uniformly manages state affairs concerning the management and protection of national defense works and military zones;

b) Ministries and ministerial-level agencies are responsible before the Government for leading and coordinating the implementation of state management over the management and protection of national defense works and military zones within their assigned fields nationwide;

c) People's Councils and People's Committees at all levels, within their respective tasks and powers, are responsible for state management over the management and protection of national defense works and military zones locally.

Article 29. Responsibilities of the Ministry of National Defense

The Ministry of National Defense is the lead agency assisting the Government in uniformly managing state affairs concerning the management and protection of national defense works and military zones; leading and coordinating with central ministries, agencies, and localities to implement the following tasks:

1. Issuing or submitting to competent authorities for issuance and implementation of normative legal documents on the management and protection of national defense works and military zones;

2. Implementing the management and protection of national defense works and military zones according to its authority;

3. Developing and implementing plans for preventing, detecting, combating, and stopping activities that expose secrets and damage national defense works and military zones;

4. Organizing propaganda, dissemination, and education on the law regarding the management and protection of national defense works and military zones;

5. Researching and applying advanced science and technology to serve the work of managing and protecting national defense works and military zones;

6. Inspecting, auditing, handling violations, resolving complaints and denunciations, summarizing and concluding, rewarding in the management and protection of national defense works and military zones according to its authority.

Article 30. Responsibilities of the Ministry of Public Security

1. Coordinate with the Ministry of National Defense to develop and implement plans for preventing, detecting, combating, and stopping activities that disclose secrets and damage national defense works and military zones.

2. Direct functional units under its authority and local public security agencies:

a) Collect information, analyze, assess, and forecast the situation of national security, social order, and safety; closely cooperate with military units stationed in the area and local authorities to protect national defense works, military zones, and build safe areas;

b) Manage foreigners and overseas Vietnamese traveling, operating, and residing according to point b, Clause 1, Article 22 of this Law.

3. Organize forces to manage and protect national defense works assigned according to this Law and relevant laws.

4. Take the lead in guiding, inspecting, and supervising the implementation of work related to protecting state secrets concerning national defense works and military zones for organizations and individuals not within the management scope of the Ministry of National Defense.

5. Handle violations of laws on managing and protecting national defense works and military zones according to the provisions of the law.

Article 31. Responsibilities of Central Ministries and Agencies

1. Coordinate with the Ministry of National Defense to implement management and protection of national defense works and military zones according to this Law and relevant laws.

2. Propagate, disseminate, and educate civil servants, employees, and workers under their management to comply with the provisions of the law on managing and protecting national defense works and military zones.

3. Organize management and protection of national defense works assigned according to this Law and relevant laws.

4. Handle violations of laws on managing and protecting national defense works and military zones within their authority.

Article 32. Responsibilities of People's Councils and People's Committees at all levels

1. Within their respective duties and powers, People's Councils at all levels shall have the following responsibilities:

a) Decide on policies and measures to ensure the operation of managing and protecting national defense works and military zones assigned according to the law;

b) Supervise compliance with the law and implementation of resolutions of the People's Council regarding managing and protecting national defense works and military zones.

2. Within their respective duties and powers, People's Committees at all levels shall have the following responsibilities:

a) Issue or submit to competent authorities for issuance policies and measures to ensure the operation of managing and protecting national defense works and military zones assigned according to the law;

b) Manage and protect national defense works and military zones within their assigned scope according to this Law and relevant laws; combine economic and social development with managing and protecting national defense works and military zones in their jurisdiction; coordinate with local people's armed forces units in managing and protecting national defense works and military zones;

c) Coordinate with national defense and military zone management and protection units of the Ministry of National Defense to prepare land registry maps, determine protection ranges, set boundary markers on-site for national defense works and military zones in their jurisdiction, and issue land use right certificates according to their authority;

d) Propagating, disseminating, and educating the law on the management and protection of national defense works and military zones;

d) Handle violations of laws on managing and protecting national defense works and military zones within their authority.

Article 33. Responsibilities of the Vietnam Fatherland Front and its member organizations

The Vietnam Fatherland Front and its member organizations, within the scope of their tasks and authorities, shall be responsible for coordinating with relevant agencies and organizations to publicize and mobilize the people to comply with laws on the management and protection of national defense works and military areas; supervise the implementation of laws on the management and protection of national defense works and military areas by agencies, organizations, and individuals.

Chapter VI
IMPLEMENTING PROVISIONS

Article 34. Effective Date

1. This Law shall take effect from January 1, 2025.

2. The Ordinance on the Protection of National Defense Works and Military Areas No. 32-L/CTN shall cease to be effective from the date this Law takes effect./.

This Law was adopted by the Sixth Session of the Fifteenth National Assembly of the Socialist Republic of Vietnam on November 24, 2023.