09:56, 11/07/2024
Curfew orders and Martial law are regulated under the Law on National Defense 2018. What are details of these laws? What are the differences between these two laws? This issue will be summarized by the Lawnet in the table below.
Article table of contents
| Criteria | Curfew Order | Martial Law |
| Legal Basis | Article 22 2018 National Defense Law | Article 21, 2018 National Defense Law |
| Application Cases | A curfew order is issued in cases where political security, order, and social safety in one or several localities have complicated developments threatening to cause serious instability. | Martial law is enacted when political security, order, and social safety in one or several localities are severely compromised to the extent that the local government can no longer control the situation. |
| Issuing Authority | - Prime Minister of the Government of Vietnam: Issues a curfew order in one or several provincial-level localities in Vietnam; - Provincial-level People's Committee (PC): Issues a curfew order in one or several district-level localities; - District-level PC: Issues a curfew order in one or several commune-level localities; - Special administrative-economic unit PC: Issues a curfew order in one or several areas within its jurisdiction. |
The President will issue a martial law order upon the proposal of the Government of Vietnam. |
| Contents of the Order | - Specify the curfew area; - Responsible unit and duties for implementing the curfew order; - Time of beginning and ending the effectiveness, not exceeding 24 hours; upon expiration, if it is necessary to continue the curfew, a new order must be issued; - Duties and powers of agencies, organizations, individuals in the curfew area; - Necessary social order rules in the curfew area. |
- Specify in detail the provincial, district, commune, or special administrative-economic unit areas under martial law, measures, and effectiveness; - Define the duties and powers of agencies, organizations, individuals; - Necessary social order rules in the areas under martial law and continuously announced on mass media. |
| Measures to be Used | - Prohibit mass gatherings; - Prohibit people and vehicles from moving, operating during certain hours, in certain areas; - Suspend or restrict activities in certain public places at certain times; - Set up guard posts and control areas, inspect goods, luggage, vehicles, and documents of people passing through the guard and control posts; - Promptly arrest and handle people and vehicles violating the curfew order and other legal regulations. |
- Prohibit or restrict people's and vehicles' movement; suspend or restrict activities in public places; - Prohibit demonstrations, strikes, market closures, school closures, mass gatherings; - Arrest or coerce individuals, organizations whose activities endanger national defense and security to leave or be prohibited from leaving their residence or certain areas; - Mobilize people and vehicles of agencies, organizations, individuals; - Special management of weapons, explosives, support tools, flammable substances, toxic substances, radioactive substances; tightly control IT infrastructure and communications. |
- Key word:
- Curfew Order
- martial law
- Vietnam
