15:53 | 05/12/2024

What is Martial Law? When is Martial Law enforced in Vietnam? Do students in Vietnam have to stop attending school when the Martial Law is enforced?

According to the current regulations in vietnam, is there a provision for a state of martial law? When is Martial Law enforced in Vietnam? Do students in Vietnam have to stop attending school when the Martial Law is enforced?

What is Martial Law? When is Martial Law enforced in Vietnam?

Currently, there are no specific regulations on the term "Martial Law." In Vietnam, martial law is stipulated in Article 21 of the National Defense Law 2018 as follows:

Martial Law

1. Martial law is a special state management measure with a fixed duration executed by the military.

2. When political security, social order, and safety in one or several localities are seriously compromised to the extent that local authorities can no longer control the situation, the President shall issue a martial law order based on a proposal from the Government of Vietnam.

3. The martial law order must specifically define the province-level, district-level, commune-level, special administrative-economic units under martial law, the measures, effectiveness, and implementation; it shall regulate the duties and authorities of agencies, organizations, individuals; necessary social order rules in the localities under martial law, and shall be continuously announced through mass media.

...

Thus, martial law needs to be implemented immediately and possibly can shorten the time as much as possible. Martial law is usually applied in particularly severe situations, requiring the military's quick and decisive intervention.

Additionally, martial law will be established when political security, social order, and safety in one or several localities are seriously compromised to the extent that local authorities can no longer control the situation, upon which the President issues a martial law order based on a proposal from the Government of Vietnam.

*Note: The above conclusion is for reference purposes only.

What is Emergency Martial Law? When will emergency martial law be declared? When martial law is in place, do students have to take a break from school?

What is Martial Law? When is Martial Law enforced in Vietnam? Do students in Vietnam have to stop attending school when the Martial Law is enforced?​ (Image from the Internet)

When martial law is in place, do students have to take a break from school?

According to Article 21 of the National Defense Law 2018:

- Martial law is a special state management measure with a fixed duration executed by the military.

- When political security, social order, and safety in one or several localities are seriously compromised to the extent that local authorities can no longer control the situation, the President shall issue a martial law order based on a proposal from the Government of Vietnam.

- The martial law order must specifically define the province-level, district-level, commune-level, special administrative-economic units under martial law, the measures, effectiveness, and implementation; it shall regulate the duties and authorities of agencies, organizations, individuals; necessary social order rules in the localities under martial law, and shall be continuously announced through mass media.

In addition, some special measures applied during the execution of martial law orders are regulated in Clause 6, Article 21 of the National Defense Law 2018. To be specific:

- Prohibit or restrict movement of people and vehicles; suspend or restrict activities in public places;

- Prohibit demonstrations, strikes, market closures, school suspensions, and large gatherings;

- Detain or coerce individuals or organizations that have activities infringing on national defense or security to leave or prohibit them from leaving a residence or certain area;

- Mobilize people, vehicles from agencies, organizations, individuals;

- Special management of weapons, explosives, support tools, flammable substances, toxic substances, radioactive substances; tightly control information technology infrastructure, communication facilities, journalism activities, publishing, printing, copying, collecting, using information.

Furthermore, martial law is regulated in Article 21 of the National Defense Law 2018. To be specific:

Martial Law

...

  1. All activities in the locality under martial law must comply with the martial law order and special measures.
  1. The trial of crimes occurring in the locality during martial law shall comply with the Criminal Procedure Code.
  1. When political security, social order, and safety in the locality under martial law are stabilized, the President shall issue an order to abolish martial law based on a proposal from the Government of Vietnam.
  1. The Government of Vietnam prescribes the duties and powers of military unit commanders, agencies, organizations, and localities related to the execution of the martial law order and the order to abolish martial law.

From that, one can understand that when emergency martial law is applied, if martial law is executed for a specific region or nationwide, schools will provide specific announcements to students.

*Note: All activities in the localities under martial law must comply with the martial law order and special measures.

5 principles for applying legal education to students and society in Vietnam

Based on Article 5 of the Law on Legal Dissemination and Education 2012, there are 5 principles for applying legal education to students and society as follows:

- Accurate, complete, clear, easy to understand, and practical.

- Timely, frequent, focused, and prioritized.

- A variety of dissemination and legal education forms suitable for the needs, age, and level of the subjects being disseminated, educated, and the good traditions, customs, habits of the nation.

- Associated with law enforcement, economic-social development tasks, ensuring national defense, security of the country, locality, and daily life of the people.

- Close coordination between agencies, organizations, families, and society.

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