Circular No. 72/2009/TT-BCA detailing the implementation of Decree No. 126/2008/NĐ-CP dated December 11, 2008, providing detailed regulations and guidance on certain provisions of the Ordinance on the Protection of National Security-related Important Works

CIRCULAR

Providing detailed regulations to implement Decree No. 126/2008/NĐ-CP dated December 11, 2008 detailing and guiding the implementation of certain provisions of the Ordinance on the Protection of Important Works Related to National Security

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Pursuant to the Ordinance on the Protection of Important Works Related to National Security dated April 20, 2007;

Pursuant to Decree No. 126/2008/NĐ-CP dated December 11, 2008 detailing and guiding the implementation of certain provisions of the Ordinance on the Protection of Important Works Related to National Security;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 stipulating the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Public Security;

The Ministry of Public Security provides detailed regulations to implement certain provisions of Decree No. 126/2008/NĐ-CP dated December 11, 2008 detailing and guiding the implementation of certain provisions of the Ordinance on the Protection of Important Works Related to National Security (hereinafter referred to as Decree No. 126/2008/NĐ-CP) as follows:

Article 1. Scope of Regulation

This Circular specifies the procedures for establishing files, reviewing files for inclusion and exclusion from the list of important works related to national security (hereinafter referred to as works), the organization and responsibilities of the protection forces of agencies and organizations managing the works, and the training, equipment, and support tools for the protection forces of agencies and organizations managing the works.

Article 2. Applicability

1. This Circular applies to Vietnamese agencies, organizations, and individuals; foreign organizations and individuals, and international organizations involved in the establishment, organization, operation, and protection of works in Vietnam.

2. This Circular does not apply to works under the management of the Ministry of National Defense.

Article 3. Establishing Files, Reviewing Files for Inclusion and Exclusion from the List of Works

1. Based on the criteria for determining works included in the list of important works related to national security and the protective zone of important works related to national security as stipulated in Article 7 and Article 8 of Decree No. 126/2008/NĐ-CP, and the provisions regarding exclusion from the list of important works related to national security as stipulated in Article 13 of Decree No. 126/2008/NĐ-CP, the Minister, Head of a ministry-level agency, government-affiliated agency, Chairman of the People's Committee of a province or centrally-administered city shall establish files for proposing the inclusion of works in the list of important works related to national security and review works that need to be excluded from the list of important works related to national security under their respective ministries, sectors, or localities, and submit them to the Ministry of Public Security (through the Second General Department of Security) for examination procedures, to be considered and decided by the Prime Minister.

2. Within five working days from the date of receipt of complete valid files, the Second General Department of Security shall have the responsibility to report and propose the Minister of Public Security to establish an Examination Board in accordance with the provisions of Decree No. 126/2008/NĐ-CP; in cases where additional materials need to be supplemented or field surveys need to be conducted before the Examination Board meeting, the Second General Department of Security shall take the lead in coordinating with the agencies and organizations managing the works to carry out these tasks.

Article 4. Protection of Works

1. The protection of works must be carried out strictly in accordance with the provisions of Decree No. 126/2008/NĐ-CP, the guidance provided in this Circular, and other relevant legal documents.

2. The head of the agency or organization managing the works shall bear full responsibility for ensuring the security and safety of the works; issue internal regulations on the protection and use of the works; develop and organize the implementation of plans and programs aimed at absolutely securing the works in all situations.

3. In cases where there are changes in planning, design, or renovation and upgrading of the works, before implementation, the head of the agency or organization managing the works must prepare a specific proposal, plan, and protection scheme suitable for submission to the Minister of Public Security (through the Second General Department of Security) for consideration and comments. Within seven days from the date of receipt of the proposal from the agency or organization managing the works, the Second General Department of Security must report to the leadership of the Ministry of Public Security to provide a written response to the agency or organization managing the works regarding the requirements for ensuring security and safety during the changes in planning, design, or renovation and upgrading of the works.

4. In special cases requiring the use of land, water areas, airspace for purposes other than those specified in Clause 2 of Article 17 of Decree No. 126/2008/NĐ-CP, organizations or individuals seeking such use must submit a request for permission to the Ministry of Public Security (through the Second General Department of Security); within seven days from the date of receipt of the request, the Ministry of Public Security must submit a written report to the Prime Minister for consideration and decision.

5. Depending on the nature and requirements of work protection, the agency or organization managing the works shall take the lead in coordinating with the Provincial Police (hereinafter referred to as Provincial Police) to determine whether to permit or prohibit production, business, entry, exit, movement, filming, photography, and other activities within the protective zone of the works; in cases where such activities are prohibited, warning signs must be posted so that all organizations and individuals are aware and comply.

Article 5. Organization of security forces for agencies and organizations managing construction projects

1. The security force of agencies and organizations managing construction projects shall be established by the head of such agencies or organizations. Depending on the scale and nature of the construction project, a security department, division, or team may be established as appropriate. Before making the decision to establish the security force, the head of the agency or organization managing the construction project must exchange and reach consensus with the Provincial Police through a written communication. Within seven days from the date of receipt of the written communication from the agency or organization managing the construction project, the Provincial Police must provide a written response and guidance on organizing the security force for that construction project.

2. In cases where the construction project has already organized a security force according to the provisions of Decree No. 73/2001/NĐ-CP dated October 5, 2001 on activities and organization of security forces for agencies and enterprises, from the date this Circular takes effect, the security force must be organized and operate according to the provisions of Decree No. 126/2008/NĐ-CP and the guidelines set out in this Circular.

Article 6. Responsibilities of security personnel belonging to the security force of agencies and organizations managing construction projects

1. Adhere strictly to legal regulations, perform their duties and tasks in security activities; proactively prevent, detect, and stop acts that harm the construction project.

2. When performing their duties, they must wear identification badges and Security Personnel Certificates issued by the head of the agency or organization managing the construction project.

3. During the performance of their duties, if they discover incidents related to security and public order within the protected area, they must take necessary measures promptly to minimize damage, while immediately reporting to the nearest police authority for timely resolution.

Article 7. Training and development of the security force of agencies and organizations managing construction projects

1. Construction project security personnel must be trained and developed in political ideology, law, and security skills according to the provisions of Decree No. 126/2008/NĐ-CP and the guidelines set out in this Circular. Annually, when there is a need for training and development of security personnel, the agency or organization managing the construction project must contact the Training and Development Center under the Provincial Police or People's Public Security Schools to plan training and development of security personnel appropriately.

2. The Training and Development Centers under the Provincial Police and People's Public Security Schools have the responsibility to compile training programs for security personnel; organize training, examination, and issue certificates to those who have been trained. The content and program of training and development must comply with legal regulations and practical requirements of security activities, including basic knowledge of laws; security skills; basic measures in handling situations during duty performance; regulations on management, use, and skillful use of support tools; basic knowledge of fire prevention, firefighting, rescue, and some self-defense techniques; professional ethics and conduct.

Each training course for security personnel must ensure a minimum duration of thirty days.

Costs for training and development of security personnel are borne by the agency or organization managing the construction project.

Article 8. Uniforms, insignia, certificates, and signs of security forces of agencies and organizations managing construction projects

The uniforms, insignia, certificates, and signs of security forces of agencies and organizations managing construction projects shall be implemented in accordance with Circular No. 10/2002/TT-BCA dated August 26, 2002, of the Ministry of Public Security guiding the implementation of Decree No. 73/2001/NĐ-CP dated October 5, 2001, on activities and organization of security forces for agencies and enterprises.

Article 9. Equipment, management, and use of support tools

1. The security forces of agencies and organizations managing construction projects are equipped with support tools including rubber batons; rubber sticks; iron sticks; electric whips. Based on the number of security personnel and actual needs, the agency or organization managing the construction project must prepare a document to send to the provincial police requesting permission to purchase support tools, specifying the quantity and types of support tools needed; the person designated to contact must present an introduction letter and show their Identity Card.

2. After purchasing support tools, the agency or organization managing the construction project must register their use at the police station that issued the permit to purchase support tools; when applying for a permit to use support tools, they must present the invoice, original permit to purchase support tools, and submit a copy.

3. Support tools must be centrally managed at the agency or organization managing the construction project and only provided to security personnel when performing duties. After completing the duty, the support tools must be returned to the management department at the agency or organization's headquarters.

4. It is strictly prohibited to equip or use support tools outside the purpose of protecting construction projects.

Article 10. Effectiveness and Implementation Organization

1. This Circular takes effect from February 2, 2010.

2. The Deputy Director of the Second General Department of Security is responsible for organizing the implementation and directing, inspecting, and guiding the implementation of this Circular in coordination with relevant local police units.

3. When performing inspection tasks, People's Police officers must comply with work procedures and the Police Regulations. Inspections must be conducted in accordance with legal provisions; upon completion of the inspection or meeting, a record must be made according to the prescribed format.

Strictly prohibit the abuse of inspection work to cause inconvenience, harassment, or obstruction of normal operations of construction projects.

4. The Directors of the subordinate General Departments, Heads of Units under the Ministry, Provincial Police Chiefs, and Directors of Fire Prevention and Control Services in Ho Chi Minh City are responsible for implementing this Circular.

In the course of implementation, if any difficulties arise, local police units and related agencies and organizations should report to the Ministry of Public Security (through the Second General Department of Security) for timely guidance.