Decree No. 61/2021/NĐ-CP detailing some provisions of Resolution No. 130/2020/QH14 dated November 13, 2020 of the National Assembly on participation in United Nations peacekeeping operations.

DECREE

detailing certain provisions of Resolution No. 130/2020/QH14

dated November 13, 2020 of the National Assembly on participation in United Nations peacekeeping forces

maintenance of international peace and security of the United Nations

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to Resolution No. 130/2020/QH14 dated November 13, 2020 of the National Assembly on participation in United Nations peacekeeping forces;

"Based on the proposal of the Minister of National Defense;"

The Government promulgates this Decree detailing certain provisions of Resolution No. 130/2020/QH14 dated November 13, 2020 of the National Assembly on participation in United Nations peacekeeping forces.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details Clause 4 of Article 9, Clause 4 of Article 10, Clause 4 of Article 12, and Clause 4 of Article 13 of Resolution No. 130/2020/QH14 dated November 13, 2020 of the National Assembly on participation in United Nations peacekeeping forces (hereinafter referred to as Resolution No. 130/2020/QH14) regarding the tasks and powers of the Commander of the Vietnamese force at the United Nations peacekeeping mission; color and distinctive markings for equipment and means used for training and deployment; procedures for the Ministry of National Defense and the Ministry of Public Security to report to the Government on dispatching, adjusting, and withdrawing forces participating in United Nations peacekeeping operations.

Article 2. Applicability

1. Officers, professional military personnel, non-commissioned officers, soldiers, and units under the Ministry of National Defense; officers, non-commissioned officers, technical specialists, militiamen, and units under the Ministry of Public Security shall be dispatched to participate in United Nations peacekeeping forces.

2. Agencies, organizations, and individuals related to the participation in United Nations peacekeeping forces.

Chapter II
TASKS AND POWERS OF THE COMMANDER

VIETNAMESE FORCE AT THE MISSION

Article 3. Tasks and powers in implementing agreements between Vietnam and the United Nations

1. To be the highest commander and representative of the Vietnamese force at the mission in administrative and disciplinary matters with the United Nations.

2. To perform specialized tasks assigned by the competent authority of the United Nations according to the agreement between Vietnam and the United Nations.

3. To assist the national coordination agency for United Nations peacekeeping forces in advising the Ministry of National Defense and the Ministry of Public Security on enhancing the capacity of participation in United Nations peacekeeping forces.

4. To work with the local government, international organizations, and other partners at the mission when authorized by the competent authority to promote bilateral and multilateral relations and resolve issues arising from the activities of the Vietnamese force in United Nations peacekeeping operations.

5. To monitor and support the Vietnamese force at the mission in performing assigned specialized tasks.

6. To perform other tasks and powers as required by the competent authority.

Article 4. Tasks and powers in directing, managing, commanding, and operating the Vietnamese force at the mission

1. To assist the national coordination agency for United Nations peacekeeping forces in researching and advising the Ministry of National Defense and the Ministry of Public Security on directing, managing, commanding, and operating the Vietnamese force at the mission.

2. To coordinate the work of supporting the deployment, adjustment, and withdrawal of the Vietnamese force from the mission.

3. To assist the national coordination agency for United Nations peacekeeping forces in directing, managing, commanding, and operating the Vietnamese force at the mission in administrative and disciplinary matters.

4. To perform other tasks and powers as prescribed by Vietnamese law.

Article 5. Tasks and Authorities in Investigation and Handling Violations for the Vietnamese Force at the Mission

1. To take the lead in working with the command levels of the mission and United Nations functional agencies in the area regarding administrative management and discipline for the Vietnamese force at the mission according to the requirements of the competent authority in Vietnam.

2. To participate in United Nations teams related to the investigation and disciplinary handling of the Vietnamese force at the mission.

Article 6. Information and Reporting System

To regularly or urgently report on the results of implementing the tasks stipulated in Articles 3, 4, and 5 of this Decree to the national coordinating agency for participation in United Nations peacekeeping forces as prescribed.

Chapter III
COLORS AND MARKINGS FOR THE EQUIPMENT AND MEANS OF THE VIETNAMESE FORCE PARTICIPATING IN UNITED NATIONS PEACEKEEPING OPERATIONS

Article 7. Colors and Markings for the Equipment and Means of the Vietnamese Force Participating in United Nations Peacekeeping Operations when Performing Tasks at the Mission

1. Colors

The equipment and means of the Vietnamese force when performing tasks at the mission shall be painted white.

2. Markings

a) The equipment and means of the Vietnamese force when performing tasks at the mission shall have the letters "UN" in black, either affixed or painted.

b) For equipment: The letters "UN" shall be uniformly sized, appropriate to the actual size of each specific type of equipment, and placed in suitable positions that are easily recognizable.

c) For means: The letters "UN" shall be uniformly sized for each type of means, with a minimum width of 30 cm and height of 45 cm; they shall be affixed or painted on the front, rear, sides, top, and bottom of the means for flying.

d) The means shall bear United Nations license plates and flags.

3. No national flag or national identification marks shall be painted or affixed on the equipment or means.

4. The painting of colors and attachment of markings shall be carried out before deployment to the mission.

Article 8. Markings for the Equipment and Means of the Vietnamese Force Participating in United Nations Peacekeeping Operations during Domestic Training

1. The equipment and means shall have the letters "UN" in black affixed or painted; the size and position of the letters "UN" shall comply with the provisions of point b and c, Clause 2, Article 7 of this Decree.

2. The means shall bear United Nations flags.

Chapter IV
PROCEDURE FOR THE MINISTRY OF NATIONAL DEFENSE AND THE MINISTRY OF PUBLIC SECURITY TO REPORT TO THE GOVERNMENT ON THE DISPATCH, ADJUSTMENT, AND WITHDRAWAL OF FORCES

Article 9. Dispatching New Forces, Adjusting, and Withdrawing Forces Participating in United Nations Peacekeeping Operations

1. The procedure for dispatching new forces participating in United Nations peacekeeping operations shall be as follows:

a) Preparing documents to submit to the Government

After receiving the United Nations' proposal to dispatch the Vietnamese force to participate in United Nations peacekeeping operations, the Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security to prepare documents and report to the Government. The documents include: A submission to the Government; a draft submission of the Government to the National Defense and Security Council on the dispatch of new forces; organizational structure and staffing tables of the unit (in cases of dispatching new forces in the form of units); the United Nations' request document; other relevant documents (if any);

b) The Government shall consider submitting the matter to the National Defense and Security Council for decision on the dispatch of new forces;

c) The Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security to refine and complete the Government's documents to be submitted to the National Defense and Security Council. The Minister of National Defense shall represent the Government and act on behalf of the Prime Minister to submit to the National Defense and Security Council. The documents to be submitted include: The Government's submission; organizational structure and staffing tables of the unit (in cases of dispatching new forces in the form of units); the United Nations' request document; other relevant documents (if any);

d) Based on the decision of the National Defense and Security Council, the Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security to report to the Government. The Minister of National Defense shall represent the Government and act on behalf of the Prime Minister to submit to the President and the Chairman of the National Defense and Security Council for issuance of the decision on the dispatch of new forces. The documents to be submitted include: The submission; the draft decision of the President and the Chairman of the National Defense and Security Council; copies of opinions of the members of the National Defense and Security Council; other relevant documents (if any).

2. Adjustment of Time and Forces

a) When there is a proposal from the United Nations or when Vietnam requests and is approved by the United Nations, the Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security to implement the adjustment procedures for time and forces as stipulated in Clause 1 of this Article;

b) The Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security to go through the Permanent Mission of the Socialist Republic of Vietnam to the United Nations to reach agreement with the relevant United Nations agency on the adjustment of time and forces.

3. Withdrawal of Forces

When there is a proposal from the United Nations or based on actual circumstances, the Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security to implement the withdrawal procedures as stipulated in Clause 1 of this Article.

Article 10. Rotation and Replacement of Forces Participating in United Nations Peacekeeping Operations

1. Before November 15 each year, the Government shall submit to the National Defense and Security Council the plan for rotating and replacing forces participating in United Nations peacekeeping operations for the following year.

2. Procedures and Formalities

a) Preparing documents to submit to the Government

The Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security to prepare the dossier and report to the Government. The dossier includes: the Government's proposal; the draft proposal of the Government to the National Defense and Security Council on the plan for rotating and replacing forces; the draft plan for rotating and replacing forces; other documents (if any);

b) The Government shall consider submitting the plan for rotating and replacing forces to the National Defense and Security Council;

c) The Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security to revise and finalize the dossier of the Government to be submitted to the National Defense and Security Council. The Minister of National Defense shall represent the Government and act on behalf of the Prime Minister to submit to the National Defense and Security Council the decision on the plan for rotating and replacing forces. The dossier to be submitted includes: the proposal; the draft plan for rotating and replacing forces; other documents (if any);

d) Based on the decision of the National Defense and Security Council, the Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security to report to the Government. The Minister of National Defense shall represent the Government and act on behalf of the Prime Minister to submit to the President and the Chairman of the National Defense and Security Council the decision on the rotation and replacement of forces. The dossier to be submitted includes: the proposal; the draft decision of the President and the Chairman of the National Defense and Security Council; copies of opinions of members of the National Defense and Security Council; other documents (if any).

Chapter V
IMPLEMENTING PROVISIONS

Article 11. Effective Date

This Decree takes effect from July 1, 2021.

Article 12. Responsibility for Implementation

1. The Ministers of ministries, Heads of agencies at the ministerial level, and Heads of government agencies shall be responsible for implementing this Decree.

2. The Minister of National Defense and the Minister of Public Security shall be responsible for supervising, guiding, inspecting, and reporting on the implementation of this Decree./.