Currently, many citizens in Vietnam frequently record videos and take photos of the authorities while they are performing their duties. Is this in compliance with the regulations regarding citizens' right to supervision? And how should citizens exercise this right in accordance with the law? The following article will help clarify this issue.
Article table of contents
According to the 2013 Constitution provisions, citizens have the right to supervise the activities of state administrative agencies, activities of ministries, officials, and public employees in the performance of public duties. In the spirit of the Constitution, citizens are allowed to do anything that is not prohibited by law in Vietnam. However, the supervision of functional forces using recording equipment needs to be determined according to specific circumstances and subjects to determine whether it is permitted.
Is filming and recording law enforcement officers on duty allowed in Vietnam? (Illustrative photo)
According to Decision 160/2004/QD-TTg, photographing is prohibited at locations and areas where authorities have placed "prohibited area" or "prohibited location" signs. These locations include border defense facilities, airspace and sea defense areas; defense industry, police zones; military areas, military camps, airports, military ports, weapon depots of the People's Army and People's Police; national strategic reserves; special important political, economic, cultural, and social facilities; border areas, except district-level towns, commune-level towns, and tourist spots approved by the Government of Vietnam.
Additionally, when citizens come to work or conduct business at the headquarters of agencies or organizations, photographing and recording within the premises of the unit must have the consent of the head of the agency or unit. This is because each state agency or organization has the right to ensure the safety of its assets and normal activities within the premises of the agency or unit.
Regarding the supervision of traffic police on duty, according to Circular 67/2019/TT-BCA dated November 28, 2019, issued by the Ministry of Public Security of Vietnam on the implementation of democracy in the assurance of traffic order and safety, the law allows citizens the right to supervise traffic police on duty, including using recording and filming devices. However, note that this supervision must ensure it does not affect the normal activities of the traffic police performing their duties; must be performed outside the traffic order and safety assurance area where traffic order and safety assurance area is established, and comply with other relevant legal provisions. The traffic order and safety assurance area is demarcated by cone-shaped markers or tensioned ropes for traffic police to perform their duties.
Thus, citizens are allowed to exercise their right to supervise the performance of duties by functional forces, but note to only record at locations and for subjects permitted by law regulations in Vietnam.
Hoa Hong
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