Dispute over Increasing Powers for the Guard Force - Draft

Who are the Security Guards?

Many of us are more familiar with the Traffic Police, Mobile Police, Criminal Police, the Military, and Civil Defense... rather than the Security Guards. Due to the special nature of their work and duties, regulated in Clause 1, Article 3 Order on Protection 2005 and Draft Law on Protection, it is stated: “Security Guards involve special protective tasks organized by the State to ensure absolute safety for the individuals protected under this Law”.

The operational principles of the Security Guard force are under the direct leadership of the Communist Party, ensuring the interests of the state and providing security for various individuals, including: those holding high-ranking positions in the Communist Party of Vietnam and the Socialist Republic of Vietnam, international guests visiting and working in Vietnam, the residences and activity locations of the individuals protected; key areas of the Communist Party, the Socialist Republic of Vietnam, and special events protected by security measures and policies according to regulations.

Laws on Security Protection 2005 have granted considerable powers to this force to perform their duties as prescribed. To be specific, the Security Guards have the authority to request information and documents related to their tasks from the people's armed forces, agencies, organizations, and individuals; the right to requisition means, equipment, and property in urgent situations; and the right to use weapons under specified conditions. The specific circumstances and other rights are only detailed in confidential and internal documents and not mentioned in the Ordinance.

Illustrative Photo

The Draft Law on Protection led by the Ministry of Public Security at a meeting held on August 12, has clarified many points about the Security Guard force, featuring several notable new provisions:

Expansion of asset requisition scope

Besides ordinary assets like means and communication equipment, in urgent cases, “Headquarters of organizations, units of the armed forces, production and business locations of organizations and individuals, and citizens’ residences can also be subject to asset requisition.” (Article 21 of the Draft Law)

Asset requisition in urgent cases is not a new concept but always a controversial subject. Though guided by documents such as Circular 01/2016/TT-BCA or Law on Compulsory Purchase, Requisition No. 15/2008/QH12 explaining the term “Asset Requisition” as “the State temporarily using assets of organizations, individuals, households, and community through administrative decisions in necessary cases for national defense, security, and national interest,” most people express concerns over the extensive authority, which might lead to abuse of power and infringement of ownership rights as stipulated in the Constitution. Furthermore, without transparent regulations and procedures on “asset requisition,” there is a risk of exploitation by malicious individuals impersonating authority to gain illicit benefits.

Cases allowed to use weapons and support tools in the line of duty

Regulated in Article 20 of the Draft Law, Officers, non-commissioned officers, and soldiers of the Security Guard while performing their duties are permitted to carry and use weapons, and support tools, and to fire in the following cases:

1. To prevent or neutralize a subject intentionally infiltrating protected areas or targets, after giving a stop signal or firing a warning shot without effect.
2. To prevent or neutralize a subject using weapons, support tools, explosives, incendiaries, or biochemical agents attacking the protected individuals or officers, non-commissioned officers, and soldiers on duty.
3. Other cases of weapon and support tool usage follow the provisions of law.

Additionally, the Draft Law supplements provisions allowing officers, non-commissioned officers, and soldiers of the Protection Force to use Special Protection Papers, professional technical means and signals of priority vehicles to perform their protection duties; to carry weapons, and support tools onto aircraft, into airports, and aerodromes to carry out protection duties.

The Draft Law will be presented to the National Assembly in the 2nd session in October 2016.

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