What are criteria for identification of national security-related important works in Vietnam?

What are criteria for identification of national security-related important works in Vietnam?

Pursuant to Article 7 of the Decree 126/2008/NĐ-CP stipulating criteria for identification of national security-related important works in Vietnam as follows:

A national security-related important work must satisfy the following criteria:

1. It has any of the following characteristics:

a/ Being a physical foundation particularly important for national security:

- An important defense or security work that, if encountering a breakdown or sabotaged, may weaken the national defense strength or directly affect the existence of the regime.

- A cultural or information and communication work that, if sabotaged or used as a tool for information and propaganda against the state power, may directly affect the people's mind or the existence of the regime.

- A work in which a nuclear technology is applied (research nuclear reactor or nuclear power plant) or a particularly important work in an economic or socio-political domain, or in traffic, dike, electricity, irrigation or construction sector that, if encountering a breakdown or sabotaged, may cause extremely severe consequences to the national economy or disasters threatening human life or the eco-environment.

b/ Being a place where many dossiers, documents, specimens and exhibits classified as state secrets or of particularly important political-diplomatic, cultural-historical, economic, scientific-technical values are stored or preserved; or where activities of studying and formulating lines and policies classified as state secrets are regularly carried out.

c/ Being a place where materials or substances which are extremely dangerous to human beings and the eco-environment are preserved.

d/ Other works under the Prime Minister's decisions.

2. It requires the application of a special protection regime and absolute safety in the course of survey, designing, construction, management and use under the Ordinance on Protection of National Security-Related Important Works, this Decree and other relevant legal documents.

As regulations above, criteria for identification of national security-related important works in Vietnam are:

1. Being a physical foundation particularly important for national security

2. Being a place where many dossiers, documents, specimens and exhibits classified as state secrets or of particularly important political-diplomatic, cultural-historical, economic, scientific-technical values are stored or preserved; or where activities of studying and formulating lines and policies classified as state secrets are regularly carried out.

3. Being a place where materials or substances which are extremely dangerous to human beings and the eco-environment are preserved.

4. Other works under the Prime Minister's decisions.

5. Works require the application of a special protection regime and absolute safety in the course of survey, designing, construction, management and use under the Ordinance on Protection of National Security-Related Important Works, this Decree and other relevant legal documents.

What are regulations on the dossiers of request and procedures for inclusion of works into the list of national security-related important works in Vietnam?

Pursuant to Article 9 of the Decree 126/2008/NĐ-CP and Article 12 of the Decree 126/2008/NĐ-CP stipulating regulations on the dossiers of request and procedures for inclusion of works into the list of national security-related important works in Vietnam as follows:

Compilation of dossiers of request for inclusion of works into the list of national security-related important works

1. Pursuant to Articles 7 and 8 of this Decree, ministers, heads of ministerial-level agencies or government-attached agencies or presidents of provincial-level People's Committees shall compile dossiers to request the inclusion of works under their management into the list of national security-related important works (the list). A dossier of request for inclusion of a work into the list must be examined and submitted by the Evaluation Council to the Prime Minister for decision.

2. A dossier of request for evaluation and inclusion of a work into the list comprises:

a/ A report to the Prime Minister, requesting the inclusion of the work into the list. This report must clearly state the necessity of inclusion of the work into the list, protection objectives and requirements; the proposed boundaries of the protection corridor; and sizes, open directions, heights and foundation depths of adjacent works outside the protection corridor.

b/ A written request for evaluation, signed by the minister, head of the ministerial-level or government-attached agency or president of the provincial-level People's Committee;

c/ A protection plan, number of members and organization of the protection force of the agency or organization managing the work.

3. For works currently in use, a dossier of request for evaluation and inclusion of a work into the list comprises:

a/ The documents specified in Clause 2 of this Article;

b/ A report to the Prime Minister must additionally contain the following contents: brief information on the work: its name, functions, tasks, investor(s), contractor(s), units in charge of construction, date of construction commencement, date of starling operation and the operation-managing unit; characteristics of the situation of security and order related to the work; organization of the existing protection force; the work location plan; and proposed solutions to matters related to the work protection requirements.

Order of evaluation of dossiers of request for inclusion of works into the list of national security-related important works

1. Within 60 days after the receipt of a complete dossier of request for evaluation and 30 days after the receipt of a dossier of request for evaluation for modification and supplementation of the list of national security-related important works, the evaluating agency shall evaluate the dossier and submit it to the Prime Minister for decision.

2. The Evaluation Council chairman shall organize the duplication of the dossier and send its copies to the Council members 15 days before the Evaluation Council meets. When necessary, a site survey must be conducted before the meeting of the Evaluation Council. The agency requesting the evaluation and inclusion of the work into the list of national security-related important works shall cooperate with and create conditions for the Council to conduct the survey.

3. Within 7 days after the evaluation meeting concludes, the Evaluation Council chairman shall propose to the Prime Minister for decision the list of national security-related important works and boundaries of work protection corridors.

4. Within 15 days after the receipt of a dossier of request for re-evaluation, the evaluating agency shall evaluate the dossier and submit it to the Government for decision.

Which authorities shall have power to establish the agency evaluating dossiers of request for inclusion of works into the list of national security-related important works in Vietnam?

Pursuant to Article 10 of the Decree 126/2008/NĐ-CP stipulating agency evaluating dossiers of request for inclusion of works into the list of national security-related important works in Vietnam as follows:

The agency evaluating dossiers of request for inclusion of works into the list of national security-related important works is the Evaluation Council, which is set up under a decision of the Public Security Minister or the Defense Minister and composed of the following persons:

1. For an Evaluation Council set up under the Public Security Minister's decision:

a/ The Public Security Minister, who acts as the chairman;

b/A vice minister or an equivalent post of the ministry or branch or a vice president of the provincial-level People's Committee that has a work requested to be included in the list of national security-related important works, and representatives of leaderships of the Finance Ministry, the Planning and Investment Ministry, the Construction Ministry and the Government Office as members;

c/ Depending on the nature, size and characteristics of each work, the chairman of the Evaluation Council may decide on other members.

2. For an Evaluation Council set up under the Defense Minister's decision (for works directly managed by the Defense Ministry):

a/ The Defense Minister, who act as the chairman;

b/ Representatives of leaderships of the Public Security Ministry, the Finance Ministry, the Planning and Investment Ministry, the Construction Ministry and the Government Office as members;

c/ Depending on the nature, size and characteristics of each work, the chairman of the Evaluation Council may decide on other members.

As regulations above, the agency evaluating dossiers of request for inclusion of works into the list of national security-related important works is the Evaluation Council, which is set up under a decision of the Public Security Minister or the Defense Minister.

Best regards!