Decree No. 39/2021/NĐ-CP amends and supplements some articles of Decree No. 37/2009/NĐ-CP regarding the definition of important objectives to be protected by the People's Police. This document clearly defines the scope not covered by this regulation and adds specific responsibilities for related parties.
Scope of application
State agencies, organizations with objectives to be protected; Ministry of Public Security; Ministry of National Defense; People's Committees of provinces and centrally governed cities
Key points
- The Decree does not regulate objectives managed by the Mobile Police Force or the Ministry of National Defense (Article 1)
- Supplementing the list of diplomatic and consular offices and international organizations' headquarters to be protected (Article 1)
- Objectives that no longer have special importance may be removed from the List after review (Article 5a)
- Identifying acts causing security breaches, threatening objectives, and stipulating sanctions for handling (Article 5a)
- The Ministry of Public Security is responsible for state management of the protection of important objectives (Article 7)
🌐 Social impact of this document
- Enhancing the effectiveness of protecting important objectives
- Clarifying the scope and responsibilities of related parties in the protection of objectives
- Reducing the burden on the People's Police for objectives no longer requiring protection
❓ Frequently asked questions
Updating.
Full text
DECREE
Amending and supplementing some articles of Decree No. 37/2009/NĐ-CP dated April 23, 2009 of the Government on important objectives regarding politics, economy, diplomacy, science and technology, culture, and society to be guarded and protected by armed police forces and the responsibilities of relevant agencies and organizations
||| Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Law amending and supplementing some articles of the Law on the Organization of the People's Public Security"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."hereinafter referred to as the DecreeDeputy ministers of ministerial-level agencies, and the Law on the Organization of the"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Policeondated November 22, 2019;
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Pursuant to the National Security Law dated December 3, 2004;
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Article 1. Amending and supplementing some articles of Decree No. 37/2009/NĐ-CP
1. Clause 2 of Article 1 is amended and supplemented as follows:
"2. This Decree does not apply to targets and objects under protection as stipulated in the Guard Law 2017 and other targets managed by the Ministry of Defense according to the provisions of the law."
2. Point b of Clause 1 of Article 4 is amended and supplemented as follows:
"b) The offices of diplomatic missions, consular offices, representative offices of international organizations within the United Nations system in Vietnam; representative offices of other international organizations in Vietnam committed to security protection by the Government according to international treaties to which Vietnam is a party."
3. Clause 2a of Article 5 is added as follows:
"2a. For targets listed in the Catalogue that have changed their name or type and no longer have special importance and do not require armed police force guarding and protecting, the Ministry of Public Security shall coordinate with ministries, ministerial-level agencies, government agencies, provincial people's committees under the central city, and agencies with targets to report to the Prime Minister for a decision to remove the target from the Catalogue."
4. Article 5a is added after Article 5 as follows:
"Article 5a. Acts causing loss of safety or threatening to cause loss of safety at targets
1. Entering targets or guard posts without permission.
2. Releasing kites, balloons, unmanned aerial vehicles, and other ultra-light aircraft into the area inside the protected target.
3. Throwing stones, soil, sand, or any other object at targets or guard posts.
4. Dumping garbage or placing any object on the fence and adjacent areas of the protected target.
5. Parking vehicles before the gate and within a 5-meter radius on both sides of the gate of the target office.
6. Filming, photographing, or drawing diagrams at restricted areas or prohibited locations within the target.
7. Damaging property or artifacts at targets or guard posts; climbing or performing other actions affecting gates, doors, fences of targets or guard posts without permission.
8. Disrupting normal operations of agencies with protected targets.
9. Using violence, threatening to use violence, or obstructing, refusing to comply with requests of the armed police force guarding and protecting targets.
10. Gathering in large groups to cause disorder in the vicinity of protected targets.
11. Other acts infringing upon targets or guard posts according to the provisions of the law."
"Article 6. List of Targets
Attached to this Decree is the list of important political, economic, diplomatic, scientific and technological, cultural, and social targets that the People's Police force is responsible for armed guarding and protecting, replacing the list of targets issued together with Decree No. 37/2009/NĐ-CP.
6. Article 7 shall be amended and supplemented as follows:
"Article 7. Responsibilities of the Ministry of Public Security in target protection work
1. Shall be responsible before the Government for managing state affairs regarding the protection of important political, economic, diplomatic, scientific and technological, cultural, and social targets that the People's Police force is responsible for armed guarding and protecting.
2. Receive files and organize the examination of targets according to the proposed changes and supplements made by ministries, ministerial-level agencies, government agencies, provincial people's committees under central cities, report to the Prime Minister for decision.
3. Take the lead in coordinating with ministries, ministerial-level agencies, government agencies, provincial people's committees under central cities to implement measures to ensure the safety of targets.
4. Direct and organize the People's Police force to arm guard, patrol, and protect important political, economic, diplomatic, scientific and technological, cultural, and social targets to proactively prevent, detect, stop, and promptly handle acts of infringement on targets.
5. Apply appropriate public security work measures to protect target safety.
6. Inspect, check, and handle violations related to target protection work.
7. Research, equip weapons, support tools, means, and technical equipment to serve armed guarding and protecting of targets.
8. Take the lead in coordinating with the Ministry of Foreign Affairs, provincial people's committees under central cities, and relevant agencies to report and propose competent authorities to arrange camps for police officers and soldiers responsible for armed guarding and protecting targets as stipulated in point b, Clause 1, Article 4 of this Decree.
9. Staffing, training, and instructing the People's Police force responsible for armed guarding and protecting targets.
10. Implement international cooperation in target protection work.
11. Summarize and conclude target protection work.
7. Article 8 shall be amended and supplemented as follows:
"Article 8. Responsibilities of ministries, ministerial-level agencies, government agencies, provincial people's committees under central cities in target protection work
1. Proactively coordinate with the Ministry of Public Security and relevant agencies to organize the implementation of legal provisions on target protection for targets within their management authority.
2. Propose changes and supplements to targets within their management authority to be included in the list of important political, economic, diplomatic, scientific and technological, cultural, and social targets that the People's Police force is responsible for armed guarding and protecting; request the Ministry of Public Security to examine and report to the Prime Minister for decision.
3. Direct subordinate agencies and units with targets assigned to be guarded and protected by the People's Police force to strictly comply with the provisions of this Decree, other relevant legal provisions, and guidelines from the Ministry of Public Security on target protection work.
4. For headquarters targets of ministries, ministerial-level ministries, government agencies, provincial people's committees under central cities that are guarded and protected by the People's Police force, in addition to implementing the provisions of this Article, these ministries, ministerial-level ministries, government agencies, provincial people's committees under central cities must also directly assume the responsibilities of agencies with targets assigned to be guarded and protected by the People's Police force as stipulated in Article 9 of this Decree.
5. The Ministry of Foreign Affairs shall take the lead in coordinating with the Ministry of Public Security to determine the headquarters targets of diplomatic missions in Vietnam, consular offices in Vietnam, headquarters of international organizations under the United Nations system in Vietnam, and headquarters of other international organizations in Vietnam that Vietnam has committed to protect security under international treaties to which Vietnam is a party; coordinate with the Ministry of Public Security, provincial people's committees under central cities, and relevant agencies to report and propose competent authorities to arrange camps for police officers and soldiers responsible for armed guarding and protecting targets as stipulated in point b, Clause 1, Article 4 of this Decree.
6. The Ministry of National Defense shall coordinate with the Ministry of Public Security and relevant agencies to manage national airspace protection, manage and control air activities; coordinate in protecting targets and handling acts of infringement on targets from the air as prescribed by law.
7. Provincial people's committees under central cities shall be responsible for directing the construction and installation of watchtowers and equipment serving the armed guarding and protecting of targets; allocate land for building camps for police officers and soldiers responsible for armed guarding and protecting targets as stipulated in point b, Clause 1, Article 4 of this Decree; direct coordination work to ensure security and order at targets within their jurisdiction.
8. Clause 4 of Article 9 shall be amended and supplemented as follows:
"4. Take the lead in coordinating with functional agencies under provinces and centrally-administered cities to construct and install watchtowers and equipment serving the armed guarding and protecting of targets by the People's Police force; equip physical facilities and protective equipment attached to targets; apply science and technology to serve the protection of target security and safety."
Article 2. Responsibilities for Implementation
Ministers, heads of ministerial-level agencies, heads of government agencies, Chairmen of provincial people's committees under central cities, and related agencies and organizations shall be responsible for enforcing this Decree.
Article 3. Effectiveness
This Decree takes effect from May 15, 2021.
PRIME MINISTER
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