Ordinance No. 32/2007/PL-UBTVQH11 on Protecting Important Works Related to National Security

ORDINANCE

Protection of Important Works Related to National Security

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the 10th Session of the 10th National Assembly;

Pursuant to Resolution No. 12/2002/QH11 dated December 16, 2002 of the 2nd Session of the 11th National Assembly on the Program for Building Laws and Ordinances of the National Assembly during the 2002-2007 Term;

This Ordinance stipulates the protection of important works related to national security.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Ordinance stipulates principles, rights, obligations, and responsibilities of agencies, organizations, and citizens in protecting important works related to national security; protective forces, policies, and conditions ensuring the activities of protecting important works related to national security.

Article 2. Applicability

1. Agencies, organizations, and citizens of the Socialist Republic of Vietnam.

2. Individuals and organizations from foreign countries, international organizations residing or operating within the territory of the Socialist Republic of Vietnam shall be responsible for implementing regulations on the protection of important works related to national security; in cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaties shall apply.

Article 3. Principles of Protecting Important Works Related to National Security

1. Compliance with the Constitution and laws; protection of the State's interests, and legitimate rights and interests of organizations and individuals.

2. Close integration between the requirements for protecting works and the requirements for economic and social development.

3. Proactive prevention, detection, blocking, and timely handling of acts infringing upon the security and safety of works.

Article 4. Tasks of Protecting Important Works Related to National Security

1. Ensuring absolute security and safety for people and works during surveying, designing, construction, management, and use.

2. Developing programs and plans for protection, proposing and implementing protective measures, organizing preventive actions, and combating acts infringing upon the security and safety of works.

Article 5. Responsibilities of Agencies, Organizations, and Citizens in Protecting Important Works Related to National Security

1. Compliance with legal regulations on the protection of important works related to national security.

2. Timely providing relevant information concerning the protection of works to the nearest public security agency, military unit, protective force, or local authority.

3. Implementing requests and guidance of competent authorities in protecting works; assisting and creating favorable conditions for agencies, organizations, and individuals responsible for implementing protective measures for works.

4. Reporting to competent state authorities about acts of abuse of position and power in performing protective tasks that infringe upon the State's interests, and legitimate rights and interests of organizations and individuals.

Article 6. Protective Forces for Important Works Related to National Security

The protective forces for important works related to national security include:

1. Protective forces of the Ministry of Public Security;

2. Protective forces of the Ministry of Defense;

3. Protective forces of agencies and organizations managing works.

Article 7. Funding for the operation to protect national security-related important works

Clause 1. For national security-related important works invested with one hundred percent state budget capital, the funding for protection activities shall be guaranteed by the state budget.

Clause 2. For national security-related important works invested with sources of capital not falling under the provisions of Clause 1 of this Article, the State shall guarantee funding for the activities of the protective forces of the Ministry of Public Security and the Ministry of National Defense protecting the works, and support funding for training and instruction of the protective force of the managing agencies and organizations.

Other costs ensuring regular protection requirements for the works shall be borne by the project investor.

Clause 3. The funding allocated for the protection activities of national security-related important works shall be guaranteed by the state budget in accordance with the regulations of the Government.

Article 8. Policy towards agencies, organizations, and individuals in protecting national security-related important works

Clause 1. Individuals directly engaged in protection work shall enjoy policies stipulated by law and other benefits according to the regulations of the managing agencies and organizations of the works.

Clause 2. Agencies, organizations, and individuals participating, coordinating, collaborating, or assisting units in protection activities achieving outstanding results shall be rewarded; if they suffer property losses, they shall be compensated; if they sustain injuries, health damage, or loss of life, themselves and their families shall enjoy benefits and policies stipulated by law.

Article 9. Prohibited Acts

1. Disclosing secrets, illegally intruding, destroying, damaging equipment, documents, means of the national security-related important works.

2. Encroaching upon, constructing illegally within the protective zone of national security-related important works.

3. Obstructing the performance of tasks by the protection forces or agencies, organizations, and individuals involved in the protection of national security-related important works.

4. Exploiting the execution of duties and powers in protecting national security-related important works to infringe upon the interests of the State, rights, and legitimate interests of organizations and individuals.

5. Other acts infringing upon the security and safety of national security-related important works and their protective zones.

Article 10. Handling of violations

Agencies, organizations, and individuals committing violations of the law on protecting national security-related important works shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if causing damage, they must provide compensation in accordance with the law.

Chapter II

ESTABLISHING THE LIST OF NATIONAL SECURITY-RELATED IMPORTANT WORKS

Article 11. Criteria for identifying national security-related important works

National security-related important works must meet all of the following criteria:

Clause 1. Works concentrating state secrets or places storing, preserving items, documents of extraordinary importance or places preserving materials, substances particularly dangerous to people, ecological environment, or other special material bases related to national security.

Clause 2. Works requiring the application of special, absolute safety measures during surveying, designing, construction, management, and use.

Article 12. Procedures, formalities for review and authority to decide on the list of important works related to national security

1. On the basis of the provisions of Article 11 of this Ordinance, the Minister, Head of a ministerial-level agency, Chairman of the People's Committee of a province or centrally governed city (hereinafter referred to as the Chairman of the Provincial People's Committee) shall establish the list of works under their management jurisdiction and submit it along with the application file to the reviewing agency specified in Article 13 of this Ordinance.

Within sixty days from the date of receipt of the application file for review, the reviewing agency shall conduct the review and submit it to the Government for decision.

2. In cases where there is a need to amend or supplement the list of important works related to national security, the Minister, Head of a ministerial-level agency, Chairman of the Provincial People's Committee shall submit the application for review along with the file to the reviewing agency specified in Article 13 of this Ordinance.

Within thirty days from the date of receipt of the application file for amending or supplementing the list of important works related to national security, the reviewing agency shall conduct the review and submit it to the Government for decision.

3. The application file for reviewing important works related to national security includes the report and relevant documents, materials concerning the work; requirements for ensuring security and safety for the work and other documents proving that the work must apply special protection measures, absolute safety during survey, design, construction, management, and use as stipulated in Article 11 of this Ordinance.

4. The Government decides on the list of works and specifies the protective zone for important works related to national security based on the proposal of the Review Board.

Article 13. Agency responsible for reviewing important works related to national security

1. The Review Board is an advisory body responsible for reviewing important works related to national security. The Review Board operates in a collective manner, deciding by majority vote. The operational regulations of the Review Board are prescribed by the Government.

2. The Minister of Public Security serves as the Chairman of the Review Board and decides on its members comprising representatives of ministries, ministerial-level agencies, and organizations involved in reviewing important works related to national security, except in cases provided for in Clause 3 of this Article.

3. The Minister of National Defense serves as the Chairman of the Review Board and decides on its members comprising representatives of the Ministry of Public Security, ministries, ministerial-level agencies, and organizations involved in reviewing important works related to national security managed by the Ministry of National Defense.

Chapter III

FORCES TO PROTECT IMPORTANT WORKS RELATED TO NATIONAL SECURITY

Article 14. Authority to decide on organizing forces to protect important works related to national security

1. The Minister of Public Security decides on the organizational structure of the force to protect works based on the protection requirements and nature, scale of each work managed by the Ministry of Public Security.

2. The Minister of National Defense decides on the organizational structure of the force to protect works based on the protection requirements and nature, scale of each work managed by the Ministry of National Defense.

3. The head of the agency or organization managing the work decides on the organizational structure of the force to protect the work based on the protection requirements and nature, scale of the work after reaching consensus with the Ministry of Public Security.

Article 15. Tasks and Authorities of the Protective Force of the Ministry of Public Security and the Ministry of National Defense in Protecting Important Facilities Related to National Security

1. Tasks of the Protective Force of the Ministry of Public Security and the Ministry of National Defense:

a) Organizing the collection, analysis, evaluation, forecasting of situations, and proposing policies, solutions, and plans for protecting the security and safety of facilities;

b) Conducting protective activities for facilities within their functional, task, and authority scope as prescribed by law;

c) Adhering to legal regulations on protecting state interests, rights, and legitimate benefits of organizations and individuals; in cases where it is necessary to limit such rights and benefits for facility protection requirements, this must be decided by an authorized person;

d) Organizing and directing preventive work, detecting, preventing, and combating activities that violate facility protection regulations;

đ) Patrolling and guarding the facilities and their protective zones;

e) Guiding and inspecting the protective force of the managing agencies and organizations to fulfill their duties and responsibilities in protecting the security and safety of facilities.

2. Authorities of the Protective Force of the Ministry of Public Security and the Ministry of National Defense:

a) Requesting agencies, organizations, and individuals to provide information, documents, and items when there is evidence indicating their relevance to facility protection activities;

b) Applying necessary measures to ensure the security and safety of people and facilities during surveying, designing, construction, operation, and use;

c) Being allowed to use other measures as prescribed by law.

Article 16. Tasks and Authorities of the Protective Force of Agencies and Organizations Managing Important Facilities Related to National Security

1. Tasks of the Protective Force of Agencies and Organizations Managing Facilities:

a) Drafting protection plans, protection schemes, and conducting protection scheme drills;

b) Coordinating with public security organs, military forces, and other local forces to perform security and safety protection tasks for facilities in all situations;

c) Advising the heads of managing agencies and organizations to establish protection internal regulations; guiding and inspecting staff and workers in the facilities to comply with protection regulations;

d) Patrolling and guarding the facilities and their protective zones;

đ) Organizing preventive work, detecting, preventing, and combating acts that infringe upon facilities;

e) Implementing fire prevention and firefighting regulations; protecting the safety of places storing documents, warehouses storing explosive materials, flammable substances, and harmful chemicals;

g) In case of incidents related to protection work, immediately reporting to the nearest public security organ, taking timely measures to prevent, securing the scene, conducting investigations, and fulfilling the requirements of the public security organ;

h) Performing other tasks related to protection work according to the guidance of authorized agencies, organizations, and individuals as prescribed by law.

2. Authorities of the Protective Force of Agencies and Organizations Managing Facilities:

a) Inspecting and urging departments, units, staff, and workers in the facilities to comply with protection regulations;

b) Inspecting people and means entering and exiting the facilities; handling violations of protection regulations according to the law;

c) Being allowed to use protective equipment, technical means, and other measures as directed by authorized agencies as prescribed by law;

d) Being allowed to use support tools and other means as prescribed by law when performing facility protection tasks.

Article 17. Criteria for personnel engaged in security work of security forces protecting important works related to national security

1. Persons meeting all of the following criteria may be selected to engage in security work:

a) Being a Vietnamese citizen aged 18 or older with a secondary education level;

b) Having a clear record; having full capacity for civil conduct; possessing good moral character;

c) Adhering well to state policies and laws;

d) Having health sufficient to perform security tasks.

2. Foreigners engaged in security work for important works related to national security shall be regulated by the Government.

Chapter IV

 STATE MANAGEMENT OF SECURITY FOR IMPORTANT WORKS RELATED TO NATIONAL SECURITY

Article 18. Contents of state management regarding security for important works related to national security

1. Issuing legal normative documents and organizing the implementation of legal provisions on the protection of works.

2. Developing plans, schemes, coordinating among agencies and organizations in security work; organizing research and application of scientific and technological advancements to serve the protection of works.

3. Organizing training and instruction for security staff.

4. Establishing systems and policies for persons directly engaged in security work for works.

5. Inspecting, checking, handling violations, and resolving complaints and denunciations related to work security.

6. International cooperation in work security.

7. Summarizing and concluding work security activities.

Article 19. Unified State Management Regarding Security for Important Works Related to National Security

1. The Government exercises unified state management over the security of important works related to national security.

2. The Ministry of Public Security is responsible before the Government for implementing state management over the security of important works related to national security.

Article 20. Responsibilities of the Ministry of National Defense in State Management Regarding Security for Important Works Related to National Security

1. Organizing security work for works under the management of the Ministry of National Defense according to this Ordinance and other relevant laws.

2. Taking the lead and coordinating with ministries and equivalent agencies to implement state management over the security of works under the management of the Ministry of National Defense.

Article 21. Responsibilities of Ministries and Equivalent Agencies in State Management Regarding Security for Important Works Related to National Security

1. Compiling lists and proposing amendments and supplements to the list of important works related to national security managed directly by ministries and equivalent agencies, and recommending them for review according to this Ordinance.

2. Implementing guidance on organizational structure and security operations provided by the Ministry of Public Security in accordance with regulations on work security.

3. Taking the lead and coordinating with ministries and equivalent agencies to organize the implementation of regulations on work security within their jurisdiction.

4. Creating conditions for project investors to manage works and fulfill security and safety tasks for works.

Article 22. Responsibilities of People's Committees of Provinces and Central Cities in State Management Regarding Security for Important Works Related to National Security

1. Compiling lists and proposing amendments and supplements to the list of important works related to national security managed locally, and recommending them for review according to this Ordinance.

2. Implementing guidance on organizational structure and security operations provided by the Ministry of Public Security and the Ministry of National Defense in accordance with regulations on work security within their local jurisdiction.

3. Directing and guiding lower-level People's Committees to carry out work security tasks.

4. Creating conditions for project investors to manage works and fulfill security and safety tasks for works.

Chapter V

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

This Ordinance takes effect from October 1, 2007.

Article 24. Guidance on Implementation

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