According to the law in Vietnam: What is curfew? Is it permissible to mobilize the People's Armed Forces of Vietnam to enforce a curfew?

According to the law in Vietnam: What is curfew?

Pursuant to Article 22 of the Law on National Defence in 2018 stipulating curfew as follows:

Curfew

1. Curfew is a measure to prohibit or restrict people and means of transport from travelling or moving at certain specific hours in certain areas, unless otherwise permitted by the person mandated to organize the implementation of a curfew.

2. A curfew shall be promulgated in the event that the situation of political security, social order and safety in one or a number of localities is complicated and threatens to cause serious instability and is published continuously on the mass media.

3. Authority to issue the curfew order shall be regulated as follows:

a) The Prime Minister shall be accorded authority to issue the curfew order in one or a number of provincial-level localities;

b) The provincial-level People’s Committee shall be accorded authority to issue the curfew order in one or a number of district-level localities;

c) The district-level People’s Committee shall be accorded authority to issue the curfew order in one or a number of commune-level localities;

d) The People’s Committee of the special administrative – economic unit shall be accorded authority to issue the curfew order in one or a number of areas within its jurisdiction.

4. The curfew order must define the followings:

a) Curfew zones;

b) In-charge unit and duties to execute the curfew order;

c) Effective period from commencement to termination of a curfew which shall not exceed 24 hours; Upon expiry of a curfew order, if it is necessary to continue, a new curfew order shall be issued;

d) Tasks and powers of agencies, organizations and individuals in curfew zones;

dd) Necessary social order rules to be observed at curfew zones.

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As regulations above, a curfew shall be promulgated in the event that the situation of political security, social order and safety in one or a number of localities is complicated and threatens to cause serious instability.

A curfew is published continuously on the mass media.

According to the law in Vietnam: What is curfew? Is it permissible to mobilize the People's Armed Forces of Vietnam to enforce a curfew? - Source: Internet

Who shall have authority to issue the curfew order in Vietnam?

Pursuant to Clause 3 Article 22 of the Law on National Defence in 2018 stipulating curfew as follows:

Curfew

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3. Authority to issue the curfew order shall be regulated as follows:

a) The Prime Minister shall be accorded authority to issue the curfew order in one or a number of provincial-level localities;

b) The provincial-level People’s Committee shall be accorded authority to issue the curfew order in one or a number of district-level localities;

c) The district-level People’s Committee shall be accorded authority to issue the curfew order in one or a number of commune-level localities;

d) The People’s Committee of the special administrative – economic unit shall be accorded authority to issue the curfew order in one or a number of areas within its jurisdiction.

...

As regulations above, authority to issue the curfew order shall be regulated as follows:

- The Prime Minister

- The provincial-level People’s Committee

- The district-level People’s Committee

- The People’s Committee of the special administrative – economic unit

Is it permissible to mobilize the People's Armed Forces of Vietnam to enforce a curfew?

Pursuant to Article 24 of the Law on National Defence in 2018 stipulating functional principles and cases of use of the people's armed force as follows:

Functional principles and cases of use of the people's armed force

1. The activities of the people's armed force must comply with the Constitution, laws and treaties to which the Socialist Republic of Vietnam is a contracting party; shall be put under the leadership of the Communist Party of Vietnam, the command of the State President and the unified management of the Government.

2. Cases in which the people's armed force is used shall be prescribed as follows:

a) In the state of war or the state of national defense emergency, the order of the State President and other relevant provisions of law shall be observed;

b) Upon exercising the martial law or curfew order, provisions of this Law and other relevant provisions of law shall prevail;

c) In the state of emergency due to disasters, dangerous epidemics or serious threats to national security and social order and safety, the provisions of laws on emergency state and other relevant provisions of law shall prevail;

d) Where there is a threat to national security or social order and safety which is not so serious that the state of emergency is promulgated, the provisions of laws on national security and other relevant provisions of law shall prevail;

dd) On participating in activities contributing to the protection of peace in the region and the world, the decisions of the National Defense and Security Council shall be obeyed;

e) In case of complicated situations of national security, social order and safety; fighting against crime; participation in the prevention, combat and mitigation of consequences of incidents, natural disasters, epidemics, the use of the armed force shall be regulated by the Government.

As regulations above, it is permissible to mobilize the People's Armed Forces of Vietnam to enforce a curfew.

Best regards!