Law Amending and Supplementing Certain Articles of the Guard Law No. 40/2024/QH15

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE SECURITY GUARD LAW

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

The National Assembly promulgates the Law amending and supplementing certain articles of the Security Guard Law No. 13/2017/QH14.

Article 1. Amending and supplementing certain articles of the Security Guard Law

1. Amending and supplementing some clauses of Article 3 as follows:

a) Amend and supplement Clause 4 as follows:

"4. Object of security guard is a person holding a key leadership position or high-level leadership position of the Communist Party of Vietnam, the Socialist Republic of Vietnam State, the Central Committee of the Vietnam Fatherland Front; international guests visiting or working in Vietnam; critical areas; important events and other objects to which security guard measures and regimes are applied as prescribed in this Law. b) Supplementing Clauses 7, 8, 9, and 10 following Clause 6 as follows:

Security guard regime

"7. refers to policies provided by the Communist Party of Vietnam and the Socialist Republic of Vietnam State for the objects of security guard as stipulated in this Law. Security inspection is a security guard measure applied by the Security Guard force to detect weapons, explosives, support tools, flammable substances, biological toxins, chemical toxins, radioactive substances, and other factors to promptly prevent and stop threats to the security and safety of the objects of security guard.

8. Food and drink testing is a security guard measure applied by the Security Guard force to promptly prevent, detect, and stop poisoning risks from food and drink. Using cards and insignia is a security guard measure applied by the Security Guard force to check and control people and means entering and exiting the security guard area.

9. 2. Supplementing Clause 3 following Clause 2 of Article 6 as follows: "3. The Government shall provide detailed regulations on Clause 2 of this Article." a) Amending and supplementing the introductory clause of Clause 1 as follows: "1. A person holding a key leadership position or high-level leadership position of the Communist Party of Vietnam, the Socialist Republic of Vietnam State, the Central Committee of the Vietnam Fatherland Front includes:"

10. b) Amending and supplementing Points e, g, and h of Clause 1 as follows: "e) Permanent Deputy Secretary of the Secretariat, Member of the Politburo; g) Member of the Secretariat;

h) Chairman of the Central Committee of the Vietnam Fatherland Front, Chief Justice of the Supreme People's Court, Procurator General of the Supreme People's Procuracy, Vice President, Vice Chairman of the National Assembly, Vice Prime Minister."

c) Amending and supplementing Point b of Clause 2 as follows:

3. Amending and supplementing some clauses of Article 10 as follows:

"b) Deputies of the heads of state, legislative bodies, and the Government based on reciprocity, with mutual visits and diplomatic requirements;"

"d) Other invited guests at the request of the Head of the Central External Relations Board, the Chairman of the Foreign Affairs Committee of the National Assembly, and the Minister of Foreign Affairs based on reciprocity, with mutual visits and diplomatic requirements;" đ) Amending and supplementing Point đ of Clause 4 as follows: “đ) Conferences and festivals organized by the Central Committee of the Communist Party of Vietnam, the President, the National Assembly, the Standing Committee of the National Assembly, the Government, and the Prime Minister involving objects of security guard as specified in Points a, b, c, or d of Clause 1; national congresses organized by central political-social organizations; international conferences held in Vietnam involving objects of security guard as specified in Points a, b, c, d of Clause 1 or Point a of Clause 2.”

e) Amending and supplementing Clause 5 and supplementing Clause 6 following Clause 5 as follows:

"5. Based on the political security situation in each period, the Government shall submit to the Standing Committee of the National Assembly for the provision of additional objects of security guard and the application of appropriate security guard measures and regimes in accordance with Articles 11, 11a, 12, 12a, 13, and 14 of this Law.

6. In cases where it is necessary to protect national security, maintain public order and social safety, and ensure foreign affairs work, the Minister of Public Security shall decide to apply appropriate security guard measures for objects not covered by Clauses 1, 2, 3, 4, and 5.

h) The Chairman of the Central Committee of the Vietnam Fatherland Front, the Chief Justice of the Supreme People's Court, the Procurator-General of the Supreme People's Procuracy, the Vice President, the Deputy Chairperson of the National Assembly, the Deputy Prime Minister.”

c) Amend and supplement Point b Clause 2 as follows:

"b) Deputies of the heads of the State, legislative body, Government on the principle of reciprocity, with mutual visits, for diplomatic purposes;"

d) Amend and supplement point d clause 2 as follows:

"d) Other guests at the proposal of the Head of the Central External Relations Board, the Chairman of the National Assembly's External Relations Board, the Minister of Foreign Affairs on the principle of reciprocity, with mutual visits, for diplomatic purposes;" the Foreign Affairs Committee of the National Assembly, the Minister of Foreign Affairs on the principle of equality, reciprocally request foreign affairs."; | the National Assembly shall specify supplementary subjects to be protected and the application of protective measures and regimes in accordance with Articles 11, 11a, 12, 12a, 13, and 14 of this Law.

đ) Amend and supplement Point đ Clause 4 as follows:

“đ) Conferences, festivals organized by the Central Committee of the Communist Party of Vietnam, the President, the National Assembly, the Standing Committee of the National Assembly, the Government, the Prime Minister, attended by persons under protection as specified in Points a, b, c or d Clause 1 of this Article; national congresses organized by central-level political-social organizations; international conferences held in Vietnam attended by persons under protection as specified in Points a, b, c, d Clause 1 or Point a Clause 2 of this Article.”

e) Amend and supplement Clause 5 and add Clause 6 after Clause 5 as follows:

"5. Based on the political security situation in each period, the Government shall submit to the Standing Committee of the National Assembly for promulgation supplementary regulations on persons under protection and the application of protective measures and regimes in accordance with the provisions of Articles 11, 11a, 12, 12a, 13, and 14 of this Law. | In cases necessary for national security protection, maintaining public order and safety, ensuring diplomatic work, the Minister of Public Security shall decide to apply protective measures appropriate for subjects not covered by the provisions of paragraphs 1, 2, 3, 4, and 5 of this Article. | senior officials of the Communist Party of Vietnam, the Socialist Republic of Vietnam State, high-level bodies of the Communist Party of Vietnam, the Socialist Republic of Vietnam State,

| the Central Committee of the Vietnam Fatherland Front. | "1. Has the right to request the Protective Force to implement protective measures and regimes in accordance with the protective regulations of units under the provincial police department directly under the central government decided by the Minister of Public Security when necessary, based on the need to protect the protected subject;" | members and soldiers of the People's Police and other forces participating and coordinating in protective work; "This provision."

4. Amend and supplement Article 11 as follows:

"Article 11. Security arrangements for persons holding key leadership positions and high-level leadership positions in the Communist Party of Vietnam, the Socialist Republic of Vietnam, and the Central Committee of the Vietnam Fatherland Front. | advanced training; specialized training; training and tactical exercises; deployment to perform protective duties; "1. Has the right to request the Security Guard force to implement protective measures and regimes as prescribed by this Law;"

1. For the General Secretary of the Central Committee of the Communist Party of Vietnam, the President, the Chairman of the National Assembly, and the Prime Minister:

a) Shall be provided with access security;

b) Shall be provided with residence security;

c) Shall be provided with workplace security;

d) Shall be provided with activity site security;

đ) Shall be ensured security and safety for personal items, goods, food, drink, means of transportation;

e) Shall be provided with traffic police escort when traveling by car; shall be provided with a separate carriage when traveling by train; shall be able to use a dedicated cabin or aircraft when traveling by air; shall be able to use a dedicated vessel with escort and protection when traveling by water.

2. For former General Secretaries of the Central Committee of the Communist Party of Vietnam, former Presidents, former Chairmen of the National Assembly, and former Prime Ministers:

a) Shall be provided with access security;

b) Shall be provided with residence security.

3. For persons holding the position of Deputy General Secretary, Politburo member:

a) Shall be provided with access security;

b) Shall be provided with residence security;

c) Shall be provided with workplace security;

d) Shall be provided with traffic police escort when traveling within the country by car if necessary.

4. For members of the Secretariat, Chairman of the Central Committee of the Vietnam Fatherland Front, Chief Justice of the Supreme People's Court, Procurator-General of the Supreme People's Procuracy, Vice President, Vice Chairman of the National Assembly, Deputy Prime Minister:

a) Shall be provided with access security;

b) Shall be provided with traffic police escort when traveling within the country by car if necessary.

5. In cases where a person enjoys multiple different security arrangements, that person shall enjoy the highest level of security arrangement.”

5. Add Article 11a after Article 11 as follows:

"Article 11a. Security measures for persons holding key leadership positions and high-level leadership positions in the Communist Party of Vietnam, the Socialist Republic of Vietnam, and the Central Committee of the Vietnam Fatherland Front. | training and tactical exercises; deployment to perform the duties of the Protective Force under the Ministry of Public Security." | due to local laws or insufficient human resources and equipment required, decide to hire personnel, means, technical equipment to protect the subjects specified in points a, b, c, and d of Clause 1, Article 10 of this Law when traveling abroad;"

1. For the General Secretary of the Central Committee of the Communist Party of Vietnam, the President, the Chairman of the National Assembly, and the Prime Minister:

a) Access security;

b) Armed patrols and guards at residences, workplaces, and activity sites;

c) Security and safety checks at residences, workplaces, and activity sites, personal items, goods, and means of transportation;

d) Pre-inspection of food and drink before consumption;

đ) Organization of surveys and situation assessments to develop and implement security plans;

e) Use of identification cards and insignia;

g) Scientific and technological measures, use of modern technical equipment and devices;

h) Other professional measures as prescribed by the National Security Law and the Public Security Officers Law.

2. For former General Secretaries of the Central Committee of the Communist Party of Vietnam, former Presidents, former Chairmen of the National Assembly, and former Prime Ministers:

a) Access security;

b) Armed patrols and guards at residences.

3. For persons holding the position of Deputy General Secretary, Politburo member:

a) Access security;

b) Armed patrols and guards at residences and workplaces;

c) Organization of surveys and situation assessments to develop and implement security plans if necessary;

d) Use of identification cards and insignia;

đ) Scientific and technological measures, use of modern technical equipment and devices;

e) Other professional measures as prescribed by the National Security Law and the Public Security Officers Law.

4. For members of the Secretariat, Chairman of the Central Committee of the Vietnam Fatherland Front, Chief Justice of the Supreme People's Court, Procurator-General of the Supreme People's Procuracy, Vice President, Vice Chairman of the National Assembly, Deputy Prime Minister:

a) Access security;

b) Organization of surveys and situation assessments to develop and implement security plans if necessary;

c) Use of identification cards and insignia;

d) Scientific and technological measures, use of modern technical equipment and devices;

đ) Other professional measures as prescribed by the National Security Law and the Public Security Officers Law.

5. Strengthen security forces, means, and measures for protected individuals when the political security situation and social order and safety are complex.

6. The Minister of Public Security shall provide detailed regulations on the security measures prescribed in this provision.”

6. Amending and supplementing Article 12 as follows:

"Article 12. Security arrangements for foreign guests when visiting and working in Vietnam

1. Heads of state and government of countries when visiting and working in Vietnam shall enjoy security arrangements as prescribed in Clause 1, Article 11 of this Law and be provided with escort vehicles according to the State's diplomatic protocol. For heads of legislative bodies of countries when visiting and working in Vietnam, they shall enjoy security arrangements as prescribed in Clause 1, Article 11 of this Law on the principle of reciprocity, give and take, diplomatic requirements, and be provided with escort vehicles according to the State's diplomatic protocol. 2. Deputies of heads of state and government of countries when visiting and working in Vietnam shall enjoy security arrangements as prescribed in Clause 4, Article 11 of this Law. For deputies of heads of legislative bodies of countries when visiting and working in Vietnam, security measures shall be applied as prescribed in Clause 4, Article 11 of this Law on the principle of reciprocity, give and take, and diplomatic requirements. 3. Invited guests of the General Secretary of the Central Committee of the Communist Party of Vietnam, President, Chairman of the National Assembly, Prime Minister, or other invited guests proposed by the Head of the Central External Relations Board, the Chairman of the Foreign Affairs Committee of the National Assembly, and the Minister of Foreign Affairs who do not fall under the provisions of Clauses 1 and 2 of this Article when visiting and working in Vietnam shall apply one or more security measures as prescribed in Clause 1, Article 11 of this Law based on diplomatic requirements, international practice, requests from the guest side, and actual circumstances. 7. Supplement Article 12a following Article 12 as follows: Article 12a. Security Measures for Foreign Guests When Visiting and Working in Vietnam Vietnam shall apply security measures as prescribed in Clause 1, Article 11a of this Law.

For heads of legislative bodies of countries when visiting and working in Vietnam, security measures shall be applied as prescribed in Clause 1, Article 11a of this Law on the principle of reciprocity, give and take, and diplomatic requirements. For deputies of heads of legislative bodies of countries when visiting and working in Vietnam, security measures shall be applied as prescribed in Points a, c, d, and đ Clause 4, Article 11a of this Law. 3. Invited guests of the General Secretary of the Central Committee of the Communist Party of Vietnam, President, Chairman of the National Assembly, Prime Minister, or other invited guests proposed by the Head of the Central External Relations Board, the Chairman of the Foreign Affairs Committee of the National Assembly, and the Minister of Foreign Affairs who do not fall under the provisions of Clauses 1 and 2 of this Article when visiting and working in Vietnam shall apply one or more security measures as prescribed in Clause 1, Article 11a of this Law based on diplomatic requirements, international practice, requests from the guest side, and actual circumstances. For deputies of heads of legislative bodies of countries when visiting and working in Vietnam, security measures shall be applied as prescribed in Points a, c, d, and đ Clause 4, Article 11a of this Law. 4. The Minister of Public Security shall provide detailed regulations on the security measures prescribed in this Article.

Article 13. Security Measures for Key Areas

1. Armed patrols and guards.

"2. Inspection and control of people, objects, and means entering and exiting the area.

1. Heads of state and government of countries when visiting and working in Vietnam shall enjoy security arrangements as prescribed in Clause 1, Article 11 of this Law and be provided with escort vehicles according to the State's diplomatic protocol. For heads of legislative bodies of countries when visiting and working in Vietnam, they shall enjoy security arrangements as prescribed in Clause 1, Article 11 of this Law on the principle of reciprocity, give and take, diplomatic requirements, and be provided with escort vehicles according to the State's diplomatic protocol. 3. Security and safety checks.

4. Other professional measures as prescribed by the National Security Law and the Police Law.5. The Minister of Public Security shall provide detailed regulations on the security measures prescribed in this Article. 9. Supplement Clause 3 following Clause 2 of Article 14 as follows: "3. The Minister of Public Security shall provide detailed regulations on the security measures prescribed in this Article."

For heads of legislative bodies of countries when visiting and working in Vietnam, security measures shall be applied as prescribed in Clause 1, Article 11a of this Law on the principle of reciprocity, give and take, and diplomatic requirements. 10. Amend and supplement Clause 1 of Article 15 as follows: "1. Has the right to request the Security Guard force to implement security measures and arrangements as prescribed in this Law;"

11. Amend and supplement Clause 1 of Article 16 as follows:"1. The Security Guard force includes: a) Security officers and soldiers of the Security Guard Command under the Ministry of Public Security; security officers and soldiers of units under provincial and centrally-administered city police departments as decided by the Minister of Public Security when necessary, based on the protection requirements of the protected subjects; b) Security officers and soldiers of the Military Security Protection Bureau under the Ministry of National Defense."

12. Supplement some points and clauses of Article 18 as follows:

a) Supplement Points g, h, and i following Point e of Clause 1 as follows:

8. Amend and supplement Article 13 as follows:

""g) Training, enhancing drill commands, military skills, martial arts, technical, and tactical skills for People's Public Security officers and other forces participating in and coordinating to perform security work;

h) Advanced training; special training; training and rehearsing combat plans; mobilizing troops to perform security tasks;

i) Managing, training, and using service animals for security tasks;"

"3. The Minister of Public Security shall stipulate the advanced training, special training, training and rehearsing combat plans, and mobilizing troops to perform security tasks of the Security Guard force under the Ministry of Public Security."

13. Amend and supplement some points and clauses of Article 20 as follows: This Circular provides for responsibilities, coordination relationships in verifying and resolving fire incidents; procedures and formalities for verifying and resolving fire incidents; transferring files and documents, reporting systems, criteria for classifying fire incidents, and files for resolving fire incidents within the People's Public Security.

a) Supplement Point g1 and Point g2 following Point g of Clause 1 as follows:

"g1) Deciding to issue cards and insignia for security work; g2) In cases where the human resources and equipment required for security work cannot meet the requirements due to the laws of the host country or other reasons, deciding to hire personnel, means, and technical equipment to protect the subjects specified in Points a, b, c, and d of Clause 1 of Article 10 of this Law when traveling abroad;"

"2. The Director of the Military Security Protection Bureau has the authority stipulated in Points a, b, c, đ, e, g1, g2, and h of Clause 1 of Article 20 of this Law."

14. Supplement Article 20a following Article 20 as follows:

| points e, g1, g2, and h of Clause 1, Article 20 of this Law." 11. Amend and supplement Clause 1 Article 16 as follows:

"1. The Security Guard force includes:

a) Security Guard officers and soldiers of the Security Guard Command under the Ministry of Public Security; Security Guard officers and soldiers of units under provincial public security departments directly under the central government, decided by the Minister of Public Security when necessary, based on the need to protect protected persons;

b) Security Guard officers and soldiers of the Military Security Protection Bureau under the Ministry of National Defense." 15. Amend and supplement Clause 4 of Article 25 as follows: adopted on June 28, 2024

b) Cán bộ, chiến sĩ cảnh vệ của Cục Bảo vệ an ninh Quân đội thuộc Bộ Quốc phòng.".

12. Supplement some points and clauses of Article 18 as follows:

a) Supplement Points g, h, and i after Point e Clause 1 as follows:

"g) Training, nurturing drill commands, military skills, martial arts, technical skills, tactical skills for public security officers and soldiers and other forces participating in or cooperating in security guard work; bộ, chiến sĩ Công an nhân dân và lực lượng khác tham gia, phối hợp thực hiện công tác cảnh vệ;

h) Huấn luyện nâng cao; huấn luyện đặc thù; huấn luyện, diễn tập phương án tác chiến; ra quân thực hiện nhiệm vụ cảnh vệ;

i) Managing, training, and using service animals for security guard tasks;"

b) Add Clause 3 after Clause 2 as follows:

"3. The Minister of Public Security shall stipulate the regime for advanced training; specialized training; training and rehearsing combat plans; mobilizing troops to perform security guard tasks of the Security Guard force under the Ministry of Public Security." luyện, diễn tập phương án tác chiến; ra quân thực hiện nhiệm vụ của lực lượng Cảnh vệ thuộc Bộ Công an.".

13. Amend and supplement some points and clauses of Article 20 as follows:

a) Supplement Point g1 and Point g2 after Point g Clause 1 as follows:

"g1) Deciding to issue cards and insignia for security guard work; g2) In cases where the human resources and equipment required for security guard work cannot meet the requirements due to the laws of the host country or other sources, deciding to hire personnel, means, and technical equipment to protect persons under protection as specified in Points a, b, c, and d Clause 1 of Article 10 of this Law when traveling abroad;" do quy định của pháp luật nước sở tại hoặc các nguồn nhân lực và phương tiện, thiết bị cần mang theo không đáp ứng được công tác cảnh vệ, quyết định thuê lực lượng, phương tiện, trang thiết bị kỹ thuật để bảo vệ đối tượng cảnh vệ quy định tại các điểm a, b, c và d khoản 1 Điều 10 của Luật này khi đi công tác nước ngoài;";

b) Amend and supplement Clause 2 as follows:

"2. The Director of the Military Security Protection Bureau has the authority stipulated in Points a, b, c, đ, e, g1, g2, and h Clause 1 of Article 20 of this Law." e, g1, g2 và h khoản 1 Điều 20 của Luật này.".

14. Add Article 20a after Article 20 as follows:

"Article 20a. Special Protection Certificate

1. The Special Protection Certificate shall be issued by the Minister of Public Security for security officers under the Ministry of Public Security and security officers under the Ministry of National Defense to perform protective duties. 2. The Special Protection Certificate may only be used when performing protective duties; security officers must immediately report to the direct management unit leader in cases where the Special Protection Certificate is lost or damaged.

3. The Minister of Public Security shall specify the model, management, use, issuance, reissuance, replacement, recall, and destruction of the Special Protection Certificate." 15. Amend and supplement Clause 4 of Article 25 as follows: "4. Direct units under the People's Public Security force to organize the implementation of protective work according to their assigned functions and tasks; provide guidance on protective operations."

This Law takes effect from January 1, 2025. This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 15th term, seventh session on June 28, 2024.

15. Sửa đổi, bổ sung khoản 4 Điều 25 như sau:

15. Amend and supplement Clause 4 Article 25 as follows: "4. Directing units under the Public Security Force to organize the implementation of security guard work according to their assigned functions and tasks; guiding security guard operations."

Article 2. Effective Date

This Law takes effect from January 1, 2025.

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This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 15th term, the seventh session on June 28, 2024. thông qua ngày 28 tháng 6 năm 2024