Decree No. 35/2011/NĐ-CP On Measures of Law to Protect National Security and Maintain Public Order and Social Safety

DECREE

On legal measures to protect national security,

 maintain public order and social safety

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the National Security Law dated December 3, 2004;

Pursuant to the Public Security Law dated November 29, 2005;

Considering the proposal of the Minister of Public Security,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the contents, principles, authorities, responsibilities, and conditions for ensuring the application of legal measures to protect national security and maintain public order and social safety (referred to in this Decree as legal measures to protect national security and public order).

Article 2. Applicability

This Decree applies to specialized agencies and officials responsible for protecting national security and public order; agencies, organizations, and citizens of Vietnam; agencies, organizations, individuals from foreign countries, and international organizations residing or operating on the territory of the Socialist Republic of Vietnam. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaties shall be applied.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Legal measures to protect national security and public order are methods and approaches to build laws, sign, join international treaties, and international agreements, and to utilize laws, international treaties, and international agreements to protect national security and public order.

2. Specialized agencies responsible for protecting national security and public order are agencies in charge of command and units of professional operations under the People's Public Security and the People's Armed Forces assigned with the specialized task of providing advisory services, organizing, and directly implementing tasks to protect national security and public order.

3. Specialized officials responsible for protecting national security and public order are officers and non-commissioned officers of specialized agencies responsible for protecting national security and public order under the People's Public Security and the People's Armed Forces assigned with the specialized task of providing advisory services, organizing, and directly implementing tasks to protect national security and public order.

Article 4. Principles for applying legal measures to protect national security and public order

1. Agencies and specialized officials responsible for protecting national security and public order when implementing legal measures to protect national security and public order must:

a) Comply with the Constitution, laws of the Socialist Republic of Vietnam, international treaties to which the Socialist Republic of Vietnam is a party, and international agreements signed by competent authorities of the Socialist Republic of Vietnam;

b) Not abuse legal measures to protect national security and public order to infringe upon the interests of the State, the rights, and legitimate interests of agencies, organizations, and individuals;

c) Perform their functions, duties, powers, and authorities as prescribed by law, ensuring effectiveness;

d) Combine the application of legal measures with the strength of the masses, the power of diplomatic activities, economic activities, professional operations, scientific and technological activities, and armed forces to protect national security and public order.

2. Agencies, organizations, and citizens of Vietnam; agencies, organizations, individuals from foreign countries, and international organizations residing or operating on the territory of the Socialist Republic of Vietnam have the responsibility to respect and strictly comply with the requirements of agencies and specialized officials responsible for protecting national security and public order; create favorable conditions and assist agencies and specialized officials responsible for protecting national security and public order in implementing legal measures to protect national security and public order.

Chapter II

CONTENTS, AUTHORITY, RESPONSIBILITIES AND CONDITIONS FOR APPLYING LEGAL MEASURES TO PROTECT NATIONAL SECURITY AND PUBLIC ORDER

APPLYING LEGAL MEASURES TO PROTECT NATIONAL SECURITY AND PUBLIC ORDER

Article 5. Contents of legal measures to protect national security and public order

1. Incorporating demands for protecting national security and public order into law-building, signing, joining international treaties, and international agreements, and perfecting institutional frameworks.

2. Detecting, preventing, and handling acts that exploit law-building and international legal cooperation to harm the political, economic, cultural, and social systems of the Socialist Republic of Vietnam.

3. Utilizing laws, international treaties, and international agreements to manage state affairs concerning the protection of national security and public order, and implementing preventive, detection, investigation, and law enforcement measures regarding violations of laws on protecting national security and public order.

Article 6. Competence and responsibility of agencies, organizations, and individuals in implementing legal measures to protect national security and public order

1. Within their respective duties and powers, implement the contents of legal measures to protect national security and public order as stipulated in Article 5 of this Decree and other relevant laws concerning the protection of national security and public order.

2. Timely provide agencies and specialized staff responsible for protecting national security and public order with information and documents related to legislative activities, signing, joining international treaties, agreements that have negative impacts on the protection of national security and public order; state interests, legitimate rights and interests of organizations and individuals.

3. During the process of drafting proposals for laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, decisions of the Prime Minister, signing, joining international treaties, agreements, ministries and ministerial-level agencies shall send such files to the Ministry of Public Security to seek opinions on their compliance with requirements for protecting national security and public order.
During the drafting process of laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, decisions of the Prime Minister, signing, joining international treaties, agreements related to national security and public order, ministries and ministerial-level agencies must send files on the development of legal regulations, signing, joining international treaties, agreements to the Ministry of Public Security to seek opinions on the impact of these documents on the requirements for protecting national security and public order.

4. Implement requests and decisions of agencies and specialized staff responsible for protecting national security and public order; other competent authorities in applying legal measures to protect national security and public order as prescribed by law.

Article 7. Competence and responsibility of specialized agencies responsible for protecting national security and public order in implementing legal measures to protect national security and public order

1. Collecting information, analyzing, assessing the situation, advising and developing strategies, policies, laws, solutions, methods on the use of legal measures to protect national security and public order.

2. Organizing and directing preventive work, detecting, preventing, combating activities aimed at destroying, infringing upon the independence, sovereignty, unity, territorial integrity of the country; changing the political, economic, cultural, social system of the Socialist Republic of Vietnam through law; disrupting national security and public order, infringing upon state interests, legitimate rights and interests of organizations and individuals.

3. Requesting or proposing competent authorities to decide to terminate or temporarily suspend legislative activities, signing, joining international treaties, agreements, using laws by agencies, organizations, and individuals that negatively affect the protection of the independence, sovereignty, unity, territorial integrity of the country; the political, economic, cultural, social system of the Socialist Republic of Vietnam; public order and social safety; state interests, legitimate rights and interests of organizations and individuals.

4. Using investigative techniques and other necessary measures to implement legal measures to protect national security and public order as prescribed by law.

5. Directing and inspecting agencies, organizations, and individuals in implementing legal measures to protect national security and public order.

Article 8. Authority and responsibility of heads and specialized officers for security and public order in applying legal measures to protect security and public order

1. The head of the specialized agency responsible for security and public order shall decide on the exercise of authority and responsibility of such agency in applying legal measures to protect security and public order as prescribed in Article 7 of this Decree within the scope of their duties and powers; assign officers under their management and command to perform tasks decided by themselves or by the head of the higher-level unit.

2. Specialized officers responsible for security and public order shall be responsible for performing tasks according to the assignment and command of their unit's head.

3. While performing their duties, heads and specialized officers responsible for security and public order must strictly comply with the law, professional rules, and discipline of the People's Public Security Force and the People's Army, and bear legal responsibility for their actions and decisions.

Article 9. Budget for applying legal measures to protect security and public order

1. The state budget shall allocate funds for applying legal measures to protect security and public order in the budget estimates of ministries, ministerial-level agencies, and other central agencies of people's committees at all levels as stipulated by the State Budget Law.

2. The establishment, implementation, and settlement of the state budget for applying legal measures to protect security and public order shall be carried out in accordance with the State Budget Law and guiding documents.

Chapter III

IMPLEMENTING PROVISIONS

Article 10. Effective Date

This Decree takes effect from July 10, 2011.

Article 11. Responsibility for Implementation

This Decree takes effect from March 25, 2014.

2. The Minister of National Defense shall be responsible for guiding, inspecting, and urging the implementation of this Decree in the People's Army.

3. Ministers, heads of ministerial-level agencies, and agencies under the Government, Chairpersons of provincial and centrally-administered city People's Committees shall be responsible for implementing this Decree./.