National Security Law No. 32/2004/QH11

LAW

NATIONAL SECURITY

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;

This Law stipulates on national security.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates on the national security policy; principles, tasks, measures to protect national security; rights, obligations, responsibilities of agencies, organizations, citizens in protecting national security.

Article 2. Applicability

This Law applies to agencies, organizations, citizens of the Socialist Republic of Vietnam; individuals, organizations from foreign countries, international organizations residing, operating within the territory of the Socialist Republic 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. Explanation of Terms

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

1. National security is the stable and sustainable development of the socialist regime and the State of the Socialist Republic of Vietnam, the inviolability of independence, sovereignty, unity, territorial integrity of the country.

2. Protecting national security is preventing, detecting, blocking, combating activities that infringe upon national security.

3. Activities infringing upon national security are acts that violate the political system, economic system, cultural foundation, security, defense, diplomacy, independence, sovereignty, unity, territorial integrity of the Socialist Republic of Vietnam.

4. Threats to national security are internal and external factors within the territory of Vietnam that have the potential to cause actual harm to the national security of the Socialist Republic of Vietnam.

5. Specialized agencies for national security protection are agencies responsible for directing and commanding, and units specialized under the people's armed forces assigned with the task of providing advice, organizing, and directly implementing the task of protecting national security.

6. Specialized personnel for national security protection are officers and non-commissioned officers of specialized agencies for national security protection assigned with the task of providing advice, organizing, and directly implementing the task of protecting national security.

7. Operational measures are work methods of specialized agencies for national security protection carried out in accordance with the provisions of the law.

8. Key targets for national security are objects, locations, facilities, bases related to politics, security, defense, economy, science and technology, culture, society listed in the catalogues required to be protected as prescribed by law.

9. The people's security foundation is the strength of spirit, material, solidarity, and tradition of building and defending the country mobilized for the cause of protecting national security, with the specialized force for national security protection serving as the core.

10. The people's security posture is the organization and deployment of forces for national security protection and necessary resources to proactively safeguard national security.

Article 4. National Security Policy

1. The State of the Socialist Republic of Vietnam implements a policy of peace, friendship, expanding exchanges and cooperation with all countries based on mutual respect for independence, sovereignty, and territorial integrity, non-interference in each other's internal affairs, equality, and mutual benefit.

2. The State has a policy of building a great national solidarity bloc; developing a strong economy, culture, society, science, technology, security, defense, diplomacy to maintain political stability and ensure national security.

Article 5. Principles of National Security Protection Activities

1. Adhere to the Constitution and laws, ensuring the interests of the State, the rights and legitimate interests of organizations and individuals.

2. Operate under the leadership of the Communist Party of Vietnam, unified management by the State; mobilize the comprehensive strength of the political system and the entire nation, with specialized forces for national security protection as the core.

3. Closely combine the tasks of protecting national security with the tasks of building and developing the economy, culture, and society; effectively coordinate security, defense, and foreign affairs activities.

4. Proactively prevent and combat all plots and activities that infringe upon national security.

Article 6. Building Forces for National Security Protection

1. The State builds revolutionary, regular, efficient, and gradually modernized specialized forces for national security protection as the core to fulfill the tasks of protecting national security.

Article 7. Ensuring Conditions for National Security Protection Activities

The State ensures the budget and material infrastructure for national security protection activities in all situations, prioritizing strategic, critical, and important areas for national security; implements policies to mobilize scientific and technological achievements to serve national security protection activities.

Article 8. Responsibilities and Obligations for National Security Protection

National security protection is a cause of the whole people. Agencies, organizations, and citizens have the responsibility and obligation to protect national security in accordance with the law.

Article 9. System and Policies for Agencies, Organizations, and Individuals Engaged in National Security Protection Activities

1. The State protects and keeps confidential information about cadres and soldiers belonging to specialized forces for national security protection and agencies, organizations, and individuals participating in national security protection.

2. Agencies, organizations, and individuals engaged in national security protection activities who achieve merits shall be rewarded, those whose reputation is harmed shall have it restored, and those whose property is damaged shall be compensated; individuals who suffer injuries, harm to health, or loss of life shall themselves and their families enjoy benefits and policies in accordance with the law.

Article 10. Propaganda and Education on National Security Protection

1. The Government, ministries, ministerial-level agencies, governmental agencies, and People's Committees at all levels have the responsibility to organize and direct propaganda and education on national security protection.

2. Information and propaganda agencies have the responsibility to organize propaganda and popularize the law and raise awareness of national security protection among the entire population.

3. Agencies and organizations within their respective duties and powers have the responsibility to propagate, educate, and mobilize Vietnamese citizens and overseas Vietnamese to protect national security.

4. National security protection education is part of national education. State management agencies for education and training have the responsibility to incorporate national security protection education content into teaching programs in schools and other educational institutions appropriate to the field of study and level of education.

Article 11. International Cooperation in the Field of National Security Protection

The Socialist Republic of Vietnam implements a policy of multilateral and bilateral international cooperation with countries and international organizations in activities to protect national security in accordance with Vietnamese law and international law; it fulfills international treaties related to the field of national security protection that the Socialist Republic of Vietnam has signed or joined.

Article 12. Policy on Handling Acts Infringing upon National Security

1. All acts infringing upon national security must be strictly and promptly dealt with in accordance with the provisions of the law. Those who are the ringleaders, instigators, commanders, or stubborn resisters shall be severely punished.

2. Individuals who are coerced, deceived, or enticed to work for organizations or individuals to engage in acts infringing upon national security, but who confess voluntarily and truthfully, may be shown leniency; if they make meritorious contributions, they may be rewarded.

3. Foreign nationals who commit acts infringing upon Vietnam's national security outside Vietnam may be subject to punishment under Vietnamese law where international treaties that the Socialist Republic of Vietnam has signed or joined provide for such treatment.

Article 13. Prohibited Acts

1. Organizing, engaging in activities, colluding, inciting, controlling, instigating, bribing, deceiving, or enticing others to oppose the people's administration, eliminate the leading role of the Communist Party of Vietnam, divide the country, or undermine the unity of the entire population.

2. Accepting tasks from organizations or individuals to engage in acts infringing upon national security, or participating, assisting, providing financial resources, weapons, or means to organizations or individuals engaged in such acts.

3. Collecting, storing, transporting, buying, selling, using, disclosing, providing, or disseminating illegally information, documents, or items classified as state secrets.

4. Infringing upon important targets concerning national security.

5. Opposing or obstructing agencies, organizations, or individuals in performing their duties to protect national security.

6. Exploiting the performance of duties to protect national security to infringe upon the interests of the State, the rights, and legitimate interests of organizations or individuals.

7. Other acts infringing upon national security as prescribed in the Penal Code and other relevant legal documents.

Chapter II

NATIONAL SECURITY PROTECTION

Article 14. Tasks of National Security Protection

1. Protecting the political system and the State of the Socialist Republic of Vietnam, safeguarding independence, sovereignty, unity, and territorial integrity of the country.

2. Protecting ideological and cultural security, the unity of the entire population, the rights, and legitimate interests of agencies, organizations, and individuals.

3. Protecting security in economic, defense, foreign affairs, and other national interests.

4. Protecting state secrets and important targets concerning national security.

5. Preventing, detecting, blocking, combating, and defeating activities infringing upon national security, as well as threats to national security.

Article 15. Basic Measures for National Security Protection

1. Basic measures for national security protection include mass mobilization, law, diplomacy, economy, science and technology, professional operations, and armed forces.

2. The contents, conditions, authority, procedures, formalities, and responsibilities for applying the measures prescribed in Clause 1 of this Article are stipulated by law.

Article 16. Building the people's security foundation and the people's security posture

1. Mobilizing the entire population to participate in the movement for national security protection; educating and encouraging officials, civil servants, workers, and all citizens to join in building strong localities, agencies, and organizations; building a united front of the entire people; improving the material and spiritual life of the people.

2. Building and implementing strategies, policies, and plans for national security protection in conjunction with building and consolidating the political system, developing the economy, culture, society, foreign relations, and closely integrating with building the whole-people defense posture.

3. Strengthening socialist rule of law, building and perfecting the legal system for national security protection; clearly defining the tasks, authorities, responsibilities, and obligations of agencies, organizations, and individuals in national security protection.

4. Building a strong national security protection force; formulating and organizing necessary forces and means to proactively protect national security in all situations.

Article 17. Rights and Obligations of Citizens in National Security Protection

1. Participating in the national security protection force and performing national security protection tasks as prescribed by law.

2. Reporting acts that infringe upon national security, acts that abuse the performance of national security protection duties to infringe upon the interests of the State, the rights, and legitimate interests of organizations and individuals.

3. Identifying and recommending to the competent authority or specialized agency responsible for national security protection to address weaknesses and shortcomings in the implementation of laws on national security protection.

4. Promptly providing information and materials related to activities infringing upon national security to the competent authority or specialized agency responsible for national security protection nearest to them.

5. Fulfilling the requirements of the specialized agency responsible for national security protection as prescribed by law.

6. Assisting and creating conditions for agencies and persons responsible for implementing preventive measures, detecting, preventing, and combating activities infringing upon national security.

Article 18. Responsibilities of Agencies and Organizations in National Security Protection

1. Within their respective duties and powers, agencies and organizations have the responsibility to organize the implementation of tasks stipulated in Article 14 of this Law and other provisions of the law on national security protection.

2. Implementing measures to protect internal political security, mobilizing the strength of agencies and organizations to perform national security protection tasks; incorporating national security protection tasks into programs, plans, and professional activities of agencies and organizations.

3. Educating and encouraging all members of their own agencies and organizations and the people to participate in national security protection.

4. Promptly providing information and materials related to activities infringing upon national security to the specialized agency responsible for national security protection or the nearest authority.

5. Fulfilling the requirements of the specialized agency responsible for national security protection as prescribed by law.

Article 19. Responsibilities of the Vietnam Fatherland Front and its Member Organizations in National Security Protection

Within their respective duties and powers, the Vietnam Fatherland Front and its member organizations have the responsibility to publicize and encourage the people to build a united front of the entire people, strictly comply with laws on national security protection; supervise the implementation of laws on national security protection by organizations and individuals.

Article 20. National security protection during a state of emergency and war

During a state of emergency or war, national security protection shall be carried out in accordance with the laws on states of emergency and war.

The National Defense and Security Council is responsible for mobilizing all forces and capabilities of the country to protect the homeland; implementing special tasks and powers assigned by the National Assembly.

Article 21. Application of necessary measures when there is a threat to national security but not yet at the level of declaring a state of emergency

1. When there is a threat to national security but not yet at the level of declaring a state of emergency,

a) Strengthening the protection of important targets;

b) Organizing guard posts to limit or control people and means of transportation operating during certain hours in specific areas;

c) Implementing special controls at border gates, air cargo shipments, sea routes, inland waterways, railways, and roads;

d) Limiting or temporarily suspending the transport and use of flammable materials, explosives, toxic substances, harmful chemicals, radioactive materials under the lawful possession of agencies, organizations, and individuals; strictly controlling the transport and use of weapons and support tools;

đ) Prohibiting, dispersing, or limiting gatherings of people and activities of individuals and organizations deemed harmful to national security;

e) Limiting or temporarily suspending the operations of theaters, cinemas, and other public venues;

g) Controlling the use of communication means in a specific locality or area;

h) Compelling persons whose actions pose a danger to national security to leave important political, economic, security, and defense areas or not to leave their place of residence;

i) Mobilizing human and material resources to carry out the task of protecting national security.

2. Agencies, organizations, and individuals must comply with orders and decisions of agencies and persons implementing the measures provided for in Clause 1 of this Article.

Chapter III

ORGANIZATIONS RESPONSIBLE FOR NATIONAL SECURITY PROTECTION

Article 22. Organizations responsible for national security protection

1. Organizations responsible for national security protection include:

a) The directing and commanding agency and units of security, intelligence, and protective services of the People's Public Security Force;

b) The directing and commanding agency and units of military security, intelligence of the People's Army;

c) Border Guard and Coast Guard are specialized organizations responsible for national security protection in border areas on land and maritime borders.

2. The organizational structure, specific tasks, powers, scope of responsibility, and coordination relationships of the organizations specified in Clause 1 of this Article shall be regulated by law.

Article 23. Tasks of organizations responsible for national security protection

1. Organizations responsible for national security protection shall perform the tasks prescribed in Article 14 of this Law.

2. Specific tasks of organizations responsible for national security protection:

a) Organizing the collection, analysis, evaluation, forecasting of situations, and proposing policies, solutions, and plans for national security protection;

b) Guiding and inspecting agencies, organizations, and citizens in performing their rights, obligations, and responsibilities for national security protection, safeguarding state secrets, building safe agencies and units, and promoting the movement for national security protection;

c) Organizing and directing preventive work, detection, prevention, and struggle against activities infringing upon national security;

d) Researching and applying science and technology to national security protection work;

đ) Implementing cooperation with other countries and international organizations in accordance with international treaties to which the Socialist Republic of Vietnam has signed or joined in preventing and combating activities infringing upon national security.

Article 24. Powers and responsibilities of specialized agencies for national security protection

1. Specialized agencies for national security protection shall have the following powers:

a) To use investigative measures in accordance with the provisions of the law;

b) To request agencies, organizations, and individuals to provide information, documents, and objects when there is evidence indicating their relevance to activities infringing upon national security;

c) To request financial agencies, treasuries, and banks to inspect and freeze accounts and sources of funds related to activities infringing upon national security;

d) To request postal, telecommunications, and customs agencies to open or hand over mail, telegrams, parcels, packages, and goods for inspection when there is evidence indicating that they contain information, documents, explosives, weapons, or other items harmful to national security;

e) To inspect means of transportation, communication devices, computers, computer networks, objects, documents, goods, residences, workplaces, or other facilities of agencies, organizations, and individuals when there is evidence indicating their relevance to activities infringing upon national security;

f) To requisition, in accordance with the provisions of the law, communication devices, means of transportation, other means, and persons using or controlling such means in urgent situations to perform tasks for national security protection or to prevent ongoing or potential social damage;

g) To temporarily suspend or suspend the use of communication devices or other activities on Vietnamese territory when there is evidence indicating that these activities pose a threat to national security; to require the cessation of transport operations by Vietnamese or foreign means of transportation on Vietnamese territory to protect national security and ensure the safety of those means;

h) To apply necessary measures to protect collaborators, informants, witnesses, and victims in cases of infringement of national security.

2. The head of specialized agencies for national security protection shall decide on the exercise of the powers prescribed in Clause 1 of this Article according to procedures and authorities stipulated by the Government and shall be responsible under the law for their decisions.

3. Specialized agencies for national security protection shall have the responsibility:

a) To carry out activities for national security protection within the scope of their functions, tasks, and powers as prescribed by law;

b) To comply with legal provisions regarding the protection of state interests, rights, and legitimate benefits of organizations and individuals; in cases where it is necessary to limit these rights and benefits for the sake of national security, such limitations must be decided by authorized persons;

c) To keep confidential the assistance provided by agencies, organizations, and individuals to the work of national security protection.

Article 25. Powers and responsibilities of specialized staff for national security protection

1. Specialized staff for national security protection while performing their duties shall have the following powers:

a) To exercise the powers prescribed in Clause 1 of Article 24 of this Law according to the decision of the authorized person of the specialized agency for national security protection;

b) To keep confidential their identity, background, duties, and means of performing duties;

c) To be exempted from customs procedures for documents and investigative equipment carried when entering or exiting the country through border gates;

d) To present a security identification card when necessary to request assistance from agencies, organizations, and individuals.

2. The Government shall specify the procedures, formalities, and authorities for implementing the provisions of Clause 1 of this Article.

3. Specialized staff for national security protection shall have the responsibility to strictly comply with state laws, professional rules, and military discipline and shall be responsible under the law for their actions.

Article 26. Equipment and use of weapons, technical means, and support tools by officers and soldiers of specialized agencies for national security protection

Officers and soldiers of specialized agencies for national security protection are equipped with and may use weapons, technical means, and support tools to perform tasks related to national security protection in accordance with the provisions of the law.

Article 27. Management regime for information, documents, and items on national security protection

1. Information, documents, and items related to specialized agencies for national security protection or collected by these agencies belong to state secrets and shall be managed in accordance with the laws on protecting state secrets.

2. Information, documents, and items specified in Clause 1 of this Article that have historical, scientific, and technological value and have been published in accordance with the law may be transferred to state archives for management.

Article 28. Regime and policies for officers and soldiers of specialized agencies for national security protection

Officers and soldiers of specialized agencies for national security protection are selected, trained, and educated, promoted in rank, assigned to the people's armed forces, and enjoy preferential regimes and policies in accordance with the law.

Chapter IV

STATE MANAGEMENT OF NATIONAL SECURITY

Article 29. Contents of state management of national security

1. Developing and implementing strategies, policies, plans, and schemes for national security protection and ensuring necessary conditions for national security protection activities; issuing and implementing normative legal documents on national security protection.

2. Organizing, directing, and guiding activities to collect, detect, investigate, and handle information, documents, and behaviors related to acts infringing upon national security.

3. Directing and guiding the implementation of measures to protect national security.

4. Organizing organizational structures, equipping means, training personnel for national security protection work; providing education on national security protection for key cadres of agencies and organizations; building and implementing educational programs on national security protection; building and implementing regimes and policies for agencies, organizations, and individuals participating in national security protection.

5. Inspecting, auditing, and resolving complaints and denunciations in national security protection activities.

6. International cooperation in national security protection.

Article 30. Unified State Management of National Security

1. The Government exercises unified state management over national security protection.

2. The Ministry of Public Security is responsible before the Government, coordinating with the Ministry of Defense, the Ministry of Foreign Affairs, and other ministries and equivalent agencies to implement state management over national security protection.

Article 31. Responsibilities of the Ministry of Defense in State Management of National Security

Within its assigned tasks and powers, the Ministry of Defense is responsible before the Government for coordinating with the Ministry of Public Security to implement state management over national security protection; directing forces under its command to closely cooperate with the People's Public Security Forces and local authorities to protect national security in accordance with the law.

Regulations on coordination between the Ministry of Public Security and the Ministry of Defense in carrying out national security protection tasks are issued by

Article 32. Responsibilities of the Ministry of Foreign Affairs in State Management of National Security

Within its tasks and powers, the Ministry of Foreign Affairs shall be responsible for implementing national security protection tasks as prescribed in Article 14 of this Law, other relevant legal provisions, and coordinating with the Ministry of Public Security, the Ministry of National Defense, and other related agencies to protect national security.

The regulations on coordination between the Ministry of Public Security and the Ministry of Foreign Affairs in carrying out national security protection tasks shall be stipulated by the Prime Minister.

Article 33. Responsibilities of Ministries and Equivalent Agencies in State Management of National Security

Within their tasks and powers, ministries and equivalent agencies shall be responsible for implementing national security protection tasks as prescribed in Article 14 of this Law, other relevant legal provisions, and coordinating with related agencies to protect national security.

Article 34. Responsibilities of People's Committees at All Levels in State Management of National Security

Within their tasks and powers, People's Committees at all levels shall implement state management of national security protection at the local level; carry out national security protection tasks as prescribed by this Law and other relevant legal provisions.

Chapter V

IMPLEMENTING PROVISIONS

Article 35. Effective Date

This Law takes effect from July 1, 2005. Previous provisions contrary to this Law are abolished.

Article 36. Guidance on Implementation

The Government shall promulgate detailed regulations and provide guidance on the implementation of this Law.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the eleventh session, sixth meeting, on December 3, 2004.