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THE NATIONAL ASSEMBLY Number: 32/2004/QH11 |
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SOCIALIST
REPUBLIC OF VIET NAM Independence - Freedom - Happiness Ha
Noi , December 03, 2004 |
LAW
ON NATIONAL SECURITY
(Law
No. 32/2004/QH11 of
December 3, 2004)
Pursuant to the 1992 Constitution of the Socialist Republic of
Vietnam, which was amended and supplemented under Resolution No.51/2001/QH10 of
December 25, 2001 of the Xth National Assembly, its 10th session;
This Law provides for the national security.
Chapter I
GENERAL PROVISIONS
Article 1. Regulation scope
This Law prescribes the national security policies; the national
security protection principles, tasks and measures; the rights, obligations and
responsibilities of agencies, organizations and citizens in protecting the
national security.
Article 2. Subjects of application
This Law applies to agencies, organizations and citizens of the
Socialist Republic of Vietnam; foreign individuals and organizations as well as
international organizations, that reside or operate in the territory of the
Socialist Republic of Vietnam; in cases where the international agreements
which the Socialist Republic of Vietnam has signed or acceded to otherwise
provide for, such international agreements shall apply.
Article 3. Term interpretation
In this Law, the following terms and phrases shall be construed as
follows:
1. National security means the stability and sustainable
development of the socialist regime and the State of the Socialist Republic of
Vietnam, the inalienability of the independence, sovereignty, unity and
territorial integrity of the Fatherland.
2. National security protection means the prevention, detection,
stoppage of, and the struggle to frustrate, all activities of infringing upon
the national security.
3. Activities of infringing upon the national security mean acts
of infringing upon the political regime, the economic regime, culture,
security, national defense, external relations, independence, sovereignty,
unity, territorial integrity of the Socialist Republic of Vietnam.
4. National security-threatening dangers mean factors inside and
outside the Vietnamese territory, which may actually cause harms to the
national security of the Socialist Republic of Vietnam.
5. The national security protection specialized agencies mean the
directing, commanding agencies and professional units of the people’s armed
forces, which are assigned the specialized tasks of advising on, organizing the
implementation of, and directly implementing, the tasks of protecting the
national security.
6. National security protection specialized officials mean
officers and non-commissioned officers of the national security protection
specialized agencies, who are assigned the specialized tasks of advising on,
organizing the implementation of, directly implementing, the tasks of
protecting the national security.
7. Professional measures mean the working measures taken by
national security protection specialized agencies in accordance with law
provisions.
8. Important national security targets mean objects, locations,
works, political, security, defense, economic, technical-scientific, cultural
or social establishments, which are on the law-prescribed list of those to be
protected.
9. The people’s security means the spiritual and material
strengths, the unity and traditions of national construction and defense of the
entire nation, which are mobilized for the cause of national security
protection, in which the national security protection specialized forces act as
the core.
10. The people’s security disposition means the organization and
deployment of national security protection forces and necessary resources in
order to take initiative in protecting the national security.
Article 4. The national security policies
1. The Socialist Republic of Vietnam State adopts the policy of
peace, friendship, expanding exchanges and cooperation with all countries on
the basis of respect for each other’s independence, sovereignty and territorial
integrity, non-interference in each other’s internal affairs, equality and
mutual benefit.
2. The State adopts the policies of building the national unity
bloc; strongly developing economy, culture, society, sciences, technologies,
security, national defense and external relations, firmly maintaining the
political stability in order to ensure the national security.
Article 5. Principles for national
security protection activities
1. To abide by the Constitution, the law, ensure the interests of
the State, the legitimate rights and interests of organizations, individuals.
2. To be placed under the leadership of the Communist Party of
Vietnam and the unified management of the State; to mobilize the integrated
strength of the political system and the entire nation with the national
security protection specialized forces acting as the core.
3. To closely combine the tasks of national security protection
with the tasks of economic, cultural, social construction and development; to
efficiently coordinate security, defense and external activities.
4. To actively prevent and struggle to foil all schemes and acts
of infringing upon the national security.
Article 6. Building the national security
protection force
1. The State builds the national security protection specialized
force into a revolutionary, regular, elite and gradually modernized one acting
as the core in performing the tasks of protecting the national security.
2. The agencies and organizations shall, within the scope of their
respective tasks and powers, have to build the commune police, self-defense and
militia forces, office and enterprise security forces, street population
defense and civil guards for participation in activities of national security
protection according to law provisions.
Article 7. Ensuring conditions for national
security protection activities
The State ensures budget and material bases for national security
protection activities in all circumstances, giving priority to strategic, key
and important national security areas; adopts policies to mobilize scientific
and technological achievements in service of national security protection
activities.
Article 8. National security protection
responsibilities and obligations
National security protection constitutes the cause of the entire
population. The agencies, organizations and citizens have the responsibility
and obligation to protect the national security according to law provisions.
Article 9. Regimes and policies for
agencies, organizations and individuals engaged in national security protection
activities
1. The State protects and keeps secret for officers and men of the
national security protection specialized force as well as agencies,
organizations and individuals engaged in national security protection.
2. Agencies, organizations and individuals that record
achievements in national security protection activities shall be
commended/rewarded, have their harmed honor restored, get compensation for
property damage incurred by them; for persons who get wounded, health damage or
die, they or their families shall enjoy the regimes and policies as prescribed
by law.
Article 10. National security
protection propagation and education
1. The Government, the ministries, the ministerial-level agencies,
the Government-attached agencies and the People’s Committees at all levels
shall have to organize and direct the work of propagation for, and education
in, national security protection.
2. The information and propaganda agencies shall have to organize
the propagation and dissemination of legislation on, and raise the sense of,
national security protection for the entire population.
3. The agencies and organizations shall, within the scope of their
respective tasks and powers, have to propagate, educate and mobilize Vietnamese
citizens, overseas Vietnamese to protect the national security.
4. National security protection education constitutes a national
education content. The education and training-State management agencies shall
have to include the content of national security protection education into the
curricula of schools and other educational institutions, suitable to
disciplines and educational levels.
Article 11. International
cooperation in the field of national security protection
The Socialist Republic of Vietnam State adopts the policy of
multilateral and bilateral cooperation with other countries and international
organizations in national security protection activities in accordance with
Vietnamese laws and international laws; implements the international agreements
related to the field of national security protection, which the Socialist
Republic of Vietnam has signed or acceded to.
Article 12. Policy on handling of
acts of infringing upon the national security
1. All acts of infringing upon the national security must be
severely and promptly dealt with strictly according to law provisions. The
instigators, ring-leaders, commanders, die-hard opponents shall be severely
punished.
2. Persons who are compelled, deceived, dragged to work for
organizations or individuals in activities of infringing upon the national
security but make confessions and truthfully report thereon shall be given
leniency; if they record merits, they shall be commended and/or rewarded.
3. Foreigners who commit acts of infringing upon Vietnam’s
national security outside the Vietnamese territory may be handled according to
laws of the Socialist Republic of Vietnam in cases where it is so provided for
by international agreements which the Socialist Republic of Vietnam has signed
or acceded to.
Article 13. Prohibited acts
1. Organizing, operating, colluding with, instigating,
controlling, inciting, buying off, deceiving or dragging other persons to
oppose the people’s administration, to abolish the leadership role of the
Communist Party of Vietnam, to divide the country, to disrupt the national
unity bloc.
2. Undertaking the tasks of organizations, individuals to conduct
activities of infringing upon the national security or participating in,
assisting, providing finance, weapons and means for, organizations and/or
individuals to conduct activities of infringing upon the national security.
3. Illegally gathering, storing, transporting, trading in, using,
disclosing, supplying or distributing information, documents and articles
classified as State secrets.
4. Infringing upon important national security targets.
5. Opposing or hindering agencies, organizations and/or
individuals from performing the tasks of national security protection.
6. Abusing the performance of national security protection tasks
to infringe upon the interests of the State, the legitimate rights and
interests of organizations, individuals.
7. Other acts of infringing upon the national security, prescribed
in the Penal Code and relevant legal documents.
Chapter II
NATIONAL SECURITY PROTECTION
Article 14. Tasks of national
security protection
1. Protecting the political regime and the Socialist Republic of
Vietnam State, protecting independence, sovereignty, unity and territorial
integrity of the Fatherland.
2. Protecting the ideological and cultural security, the national
unity bloc, the legitimate rights and interests of agencies, organizations and
individuals.
3. Protecting the security in the economic, defense, external
relation domains and other national interests.
4. Protecting the State secrets and important national security
targets.
5. Preventing, detecting, stopping, frustrating and excluding all
activities of infringing upon the national security and dangers threatening the
national security.
Article 15. Basic measures to
protect the national security
1. The basic measures for national security protection include
mass agitation, legislation, diplomatic, economic, technical-scientific,
professional and arms measures.
2. The contents, conditions, competence, order, procedures and
responsibility for application of the measures prescribed in Clause 1 of this
Article shall be prescribed by law.
Article 16. Building the people’s
security and the people’s security disposition
1. To mobilize the entire population to participate in the
national security protection movement; to educate, mobilize State officials and
employees, laborers and all citizens to participate in building localities,
agencies and organizations into strong ones; to build the national unity bloc;
to raise the people’s material and spiritual life.
2. To formulate, and organize the implementation of, strategies,
policies and plans for national security protection in association with the
building and consolidation of the political system, economic, cultural, social
and external relation development in close combination with building the
entire-people’s national defense.
3. To enhance the socialist legislation, to build and perfect the
system of legislation on national security protection; to specifically define
the tasks, powers, responsibilities and obligations of agencies, organizations
and individuals in national security protection.
4. To build the national security protection forces into strong
ones; to elaborate plans and to organize and arrange forces as well as
necessary means for taking initiative in protecting the national security in
all circumstances.
Article 17. Rights and obligations
of citizens in national security protection
1. To join in the national security protection forces and perform
the national security protection tasks according to law provisions.
2. To denounce acts of infringing upon the national security, acts
of abusing the performance of national security protection tasks to infringe
upon the interests of the State, the legitimate rights and interests of
organizations and individuals.
3. To detect, propose the administrations or the national security
protection agencies to redress loopholes and shortcomings in the implementation
of legislation on national security protection.
4. To detect, provide in time information and/or documents related
to, activities of infringing upon the national security to the nearest
administration or national security protection agencies.
5. To act upon the requests of national security protection
agencies according to law provisions.
6. To assist, create conditions for, responsible agencies and
persons to apply preventive measures, detect, stop and struggle against
activities of infringing upon the national security.
Article 18. Responsibilities of
agencies and organizations in national security protection
1. Agencies and organizations shall, within the ambit of their
respective tasks and powers, have to organize the performance of tasks defined
in Article 14 of this Law and other law provisions on national security
protection.
2. To apply measures to protect the internal political security,
mobilize the strengths of agencies, organizations for the performance of
national security protection tasks; to include the national security protection
tasks into professional programs, plans and activities of agencies,
organizations.
3. To educate and mobilize all members of their agencies or
organizations as well as people to participate in national security protection.
4. To detect, provide in time information and/or documents related
to, activities of infringing upon the national security to the nearest national
security protection agencies or administrations.
5. To act upon requests of national security protection agencies
as provided for by law.
Article 19. Responsibilities of
Vietnam Fatherland Front and its member organizations in national security
protection
Vietnam Fatherland Front and its member organizations shall,
within the ambit of their respective tasks and powers, have to propagate and
mobilize people to build the national unity bloc, to strictly observe the
legislation on national security protection; to supervise the observance of
legislation on national security protection by organizations and individuals.
Article 20. To protect the
national security upon the appearance of state of emergency, state of war
Upon the appearance of the state of emergency, the state of war,
the national security protection shall comply with law provisions on the state
of emergency, the state of war.
The Defense and Security Council shall have to mobilize all forces
and capabilities of the country for the defense of the Fatherland; perform the
special tasks and exercise the special powers assigned by the National
Assembly.
Article 21. Application of a
number of necessary measures upon the appearance of dangers threatening the
national security but not to the extent of proclaiming the state of emergency
1. Upon the appearance of a threat against the national security,
which is, however, not serious enough for promulgation of the state of
emergency, the Prime Minister may decide to apply some following measures:
a) Intensifying the protection of important targets;
b) Organizing sentry posts to limit or control people and means
operating at certain hours in certain areas;
c) Conducting special control at border gates of shipments by air,
by sea, inland water, railways and land;
d) Limiting or temporarily ceasing the transportation, use of
inflammables, explosives, toxins, toxic chemicals, radioactive substances under
the lawful use rights of agencies, organizations or individuals; strictly
controlling the transportation and use of assorted weapons, support tools;
e) Banning, disbanding or restricting big rallies and activities
of individuals, organizations, which are deemed harmful to the national
security;
f) Restricting or suspending operations of theatres, cinemas
and/or other public-activity places;
g) Controlling the use of communications means in a locality or a
certain area;
h) Forcing the persons who commit acts harmful to the national
security to leave important political, economic, security or defense areas or
not to get out of their residence places;
i) Mobilizing human and material resources for the performance of
national security protection tasks.
2. Agencies, organizations and individuals must obey the orders
and/or decisions of agencies and/or persons that apply measures prescribed in
Clause 1 of this Article.
Chapter III
NATIONAL SECURITY PROTECTION AGENCIES
Article 22. National security
protection agencies
1. The national security protection agencies include:
a) The directing and commanding agencies and security,
intelligence or guard units of the People’s Police;
b) The directing and commanding agencies and army security
protection, army intelligence units of the People’s Army;
c) The border guards, the coast guards are agencies specialized in
protection of national security in land border and sea border regions.
2. The organizational apparatuses, tasks, specific powers,
operational responsibility scopes and coordinative relationship of the agencies
defined in Clause 1 of this Article shall be prescribed by law.
Article 23. Tasks of national
security protection specialized agencies
1. The national security protection agencies shall perform the
tasks prescribed in Article 14 of this Law.
2. The specific tasks of the national security protection
agencies:
a) To organize the gathering of information, analyze, assess and
forecast the situation and propose national security protection policies,
solutions and plans;
b) To guide and inspect agencies, organizations and individuals in
exercising the rights and performing the obligations and responsibility to
protect the national security, protecting the State secrets,
building safe agencies and units, building the national security protection
movement;
c) To organize and direct the prevention, detection and stoppage
of, struggle against, activities of infringing upon the national security;
d) To research into, and apply sciences and technologies to, the
work of national security protection;
e) To effect cooperation with countries, international
organizations under international treaties which the Socialist Republic of
Vietnam has signed or acceded to in prevention and fight against activities of
infringing upon the national security.
Article 24. Powers and
responsibilities of national security protection agencies
1. The national security protection agencies shall have the
powers:
a) To resort to professional measures according to law provisions;
b) To request agencies, organizations and/or individuals to supply
information, documents and/or things when there are grounds to determine that
they are involved in activities of infringing upon the national security;
c) To request finance bodies or organizations, treasuries, banks
to inspect and block accounts and/or financial sources related to activities of
infringing upon the national security;
d) To request post, telecommunications agencies or organizations,
customs offices to open or hand over mails, telegraphs, postal matters,
parcels, commodities for inspection when there are grounds to determine that
they contain information, documents, explosives, weapons or other articles
harmful to national security;
e) To check traffic means, communications means, computers,
computer networks, objects, documents, commodities, residences, working places
or other establishments of agencies, organizations or individuals when there
are grounds to determine that they are related to activities of infringing upon
the national security;
f) To requisition according to law provisions communications
means, traffic means or other means and the users or operators thereof in
emergency cases for the performance of national security protection tasks or
the stoppage of consequences harmful to the society, which are occurring or
threaten to occur;
g) To suspend or stop the use of communications means or other
activities in the Vietnamese territory when there are grounds to determine that
such activities cause harms to the national security; to demand the cessation
of transportation by Vietnamese traffic means or foreign traffic means in the
Vietnamese territory in order to protect the national security and ensure
safety for such means;
h) To apply necessary measures to protect collaborators,
denouncers, witnesses, victims in cases of infringing upon the national
security.
2. The heads of the national security protection agencies shall
decide on the resort to powers prescribed in Clause 1 of this Article according
to the Government-prescribed order and procedures and bear responsibility
before law for their decisions.
3. The national security protection agencies shall have the
responsibility:
a) To carry out activities to protect the national security within
the scope of their respective functions, tasks and powers as provided for by
law;
b) To abide by law provisions on protection of the interests of
the State, the legitimate rights and interests of organizations and
individuals; in cases where those rights and interests must be restricted due
to national security protection requirements, such must be decided by competent
persons;
c) To keep secret the assistance rendered by agencies,
organizations or individuals to the work of national security protection.
Article 25. Powers and
responsibilities of national security protection officers
1. National security protection officers, while performing their
tasks, shall have the powers:
a) To exercise the rights prescribed in Clause 1, Article 24 of
this Law under decisions of competent persons of national security protection
agencies;
b) To keep secret personal identities, backgrounds, tasks and
working means;
c) To be exempt from customs procedures for documents,
professional means carried along upon their entries, exits across borders,
border-gates;
d) To produce security identity cards in case of necessity in
order to request agencies, organizations or individuals to render assistance.
2. The Government shall specify the order, procedures and
competence for implementation of the provisions of Clause 1 of this Article.
3. The national security protection officers have the
responsibility to strictly observe the State’s laws, the professional rules and
disciplines of the people’s armed forces and bear responsibility before law for
their doings.
Article 26. Equipping weapons,
professional technical means, support tools to, and using them by, officers and
men of national security protection agencies
Officers and men of the national security protection agencies are
equipped with, and entitled to use, weapons, professional technical means,
support tools to perform the national security protection tasks according to
law provisions.
Article 27. Regime of managing
national security protection information, documents and things
1. Information, documents and objects related to national security
protection agencies or gathered by such agencies are classified as State
secrets and managed according to law provisions on protection of State secrets.
2. Information, documents and objects prescribed in Clause 1 of
this Article, which are of historical, scientific and technological values and
have been publicized under law provisions can be transferred to State archival
agencies for management.
Article 28. Regimes and policies
towards officers and men of national security protection agencies
Officers and men of the national security protection agencies are
recruited, fostered, trained, conferred ranks, promoted to ranks of the
people’s armed forces and enjoy the preferential regimes and policies according
to law provisions.
Chapter IV
STATE MANAGEMENT OVER NATIONAL SECURITY
Article 29. Contents of State
management over national security
1. Formulating, and organizing the implementation of, national
security protection strategies, policies, plans and schemes and ensuring
necessary conditions for national security protection activities; promulgating,
and organizing the implementation of, legal documents on national security
protection.
2. Organizing, directing, guiding activities of gathering,
detecting, investigating, handling information, documents and/or acts related
to activities of infringing upon the national security.
3. Directing, guiding the application of national security
protection measures.
4. Organizing the apparatus of, equipping means to, training
officials engaged in national security protection; fostering national security
protection knowledge to key officials of agencies and organizations;
formulating, and organizing the implementation of programs on education in
national security protection; formulating and implementing regimes and policies
towards agencies, organizations and individuals engaged in national security
protection.
5. Examining, inspecting and settling complaints, denunciations in
national security protection activities.
6. Effecting international cooperation on national security
protection.
Article 30. Unified State
management over national security
1. The Government performs the unified State management over
national security protection.
2. The Ministry of Public Security is answerable to the Government
for taking the prime responsibility for, and coordinating with the Defense
Ministry, the Ministry of Foreign Affairs, other ministries and
ministerial-level agencies in, performing the State management over national
security protection.
Article 31. The Defense Ministry’s
responsibility in the State management over national security
The Defense Ministry shall, within the ambit of its tasks and
powers, be answerable to the Government for coordinating with the Ministry of
Public Security in performing the State management over national security
protection; direct forces under its management to closely coordinate with the
People’s Police forces and local administrations in national security
protection according to law provisions.
The Regulation on coordination between the Ministry of Public
Security and the Defense Ministry in performing the national security
protection tasks shall be prescribed by the Prime Minister.
Article 32. Responsibility of the
Ministry of Foreign Affairs in the State management over national security
The Ministry of Foreign Affairs shall, within the ambit of its
tasks and powers, have to perform national security protection tasks according
to the provisions of Article 14 of this Law and other relevant law provisions
and coordinate with the Ministry of Public Security, the Defense Ministry and
other concerned agencies in national security protection.
The Regulation on coordination between the Ministry of Public
Security and the Ministry of Foreign Affairs in performing the national
security protection tasks shall be prescribed by the Prime Minister.
Article 33. Responsibilities of
the ministries, ministerial-level agencies in the State management over
national security
The ministries, ministerial-level agencies shall, within the ambit
of their respective tasks and powers, have to perform the national security
protection tasks according to the provisions of Article 14 of this Law, other
relevant law provisions and coordinate with the concerned agencies in national
security protection.
Article 34. Responsibility of the
People’s Committees of all levels in the State management over national
security
The People’s Committees at all levels shall, within the ambit of
their respective tasks and powers, perform the State management over national
security protection in their respective localities; perform the national
security protection tasks according to the provisions of this Law and other
relevant law provisions.
Chapter V
IMPLEMENTATION PROVISIONS
Article 35. Implementation effect
This Law shall take implementation effect as from July 1, 2005.
The previous regulations contrary to this Law shall all be
annulled.
Article 36. Implementation
guidance
The Government shall detail and guide the implementation of this
Law
This Law was passed on December 3, 2004 by the 11th National
Assembly of the Socialist Republic of Vietnam at its 6th session.
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CHỦ TỊCH QUỐC HỘI |
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(Signed) |
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Nguyen
Van An |
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