What is martial law? Regulations on martial law measures in Vietnam

What is martial law? Regulations on martial law measures in Vietnam

1. What is martial law?

According to Clause 1, Article 21 of Vietnam's Law on National Defence 2018, martial law is a definite-term special state management measure implemented by the Army.

2. Regulations on martial law measures

According to Article 21 of Vietnam's Law on National Defence 2018, martial law measures are as follows:

- When the political security, social order and safety in one or several localities are so seriously violated that their competent authorities have no longer taken control of the situation, the State President shall issue the martial law order upon the request of the Government.

- The martial law order must specify the province, district, commune level, special administrative-economic unit subject to the martial law, measures and effect; define the tasks and powers of agencies, organizations and individuals;

Set the social order rules that are necessary in the locality subject to the martial law, and are regularly published on the mass media.

- Pursuant to the State President's order on martial law, the Prime Minister of Vietnam's decision on the implementation of the martial law order, the Minister of National Defense shall direct and command affiliated units of the People's Army and the Militia and self-defence force assigned tasks in the locality subject to the martial law to implement measures to enforce the martial law order in accordance with law.

- During the time of martial law, the state management exercised at the locality subject to the martial law shall be assigned to military units.

The commanders of military units assigned to manage the locality subject to the martial law may order the application of special measures and other necessary measures to execute martial law orders, and bear the responsibility for the application of such measures.

The commander of the military unit authorized to manage the provincial-level locality subject to the martial law shall be entitled to purchase and requisition any property. Purchase and requisitioning of property shall be subject to provisions set forth in Vietnam's Law on Purchase and Requisitioning of Property.

- Special measures applied during the time of martial law shall include:

+ Prohibition or restriction of movement of people and vehicles; suspension or restriction of activities at public places;

+ Ban on all forms of public protests, such as strikes, demonstrations or riots of workers, vendors or students, etc., and protest rallies;

+ Arrest of individuals and organizations causing harms to national defence and security, and compulsion of them to leave or forbidding them from leaving their residence or any specified place;

+ Mobilization of people and vehicles of any entity, organization or person;

+ Imposition of measures for special management of weapons, explosive materials, military equipment, flammable substances, toxins and radioactive substances; strict control of information technology infrastructure, communications equipment, activities of news agencies, publishers, print and copy shops, and information collection and use.

- All activities of the locality subject to the martial law must comply with martial law orders and special measures.

- Criminal proceedings occurring in a locality during the execution of martial law order shall be subject to the provisions of the Criminal Procedure Code.

- When the political security, social order and safety in the locality subject to the martial law are restored to the previous normal state, the State President shall issue the order for abolishment of the martial law order upon the request of the Government.

- The Government shall regulate duties and powers of the commanders of military units, agencies, organizations and localities regarding the implementation of the martial law and the order for abolishment of the martial law.

Quoc Dat

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