Who are the guards? Tasks of the Guards in Vietnam

Who are the guards? Tasks of the Guards in Vietnam (Internet image)

1. Who are the guards?

In Article 16 of the Law on Guards 2017, the Guard forces are organized at the Ministry of Public Security and the Ministry of National Defense, including:

- Police officers and soldiers of the Guard Command under the Ministry of Public Security;

- Officers and soldiers of the Military Security Protection Department under the Ministry of National Defense.

The Minister of Public Security and the Minister of National Defense shall prescribe the organization, staffing, titles, and equipment of the Guard force.

2. Criteria for selection of people into the guard forces in Vietnam

Pursuant to Article 17 of the Law on Guards 2017, conditions and criteria for selection of people into the Guard force are as follows:

- Vietnamese citizens aged full 18 years or older, regardless of male or female, having a political, moral, health, and clear background and voluntarily serving long-term in the Guard force.

- Having diplomas and certificates of professional, technical, and professional skills, having aptitudes and skills suitable to the specific nature of the security work.

- The Minister of Public Security and the Minister of National Defense shall specify criteria for the selection of people into the Guard force.

3. Tasks of the Guards in Vietnam

In Article 18 of the Law on Guards 2017, the duties of the Guard force are as follows:

- The Police Force of the Ministry of Public Security has the following tasks:

+ Assume the prime responsibility for, and coordinate with relevant agencies and units in, ensuring absolute safety for the guards in all situations;

+ Actively collect information, analyze, evaluate and forecast the situation related to ensuring absolute safety for the objects of the guard;

+ Advise and propose to the Minister of Public Security to promulgate documents to perform the security work; organize the coordination and synergies in the implementation of protection plans and plans;

+ Guide relevant forces to carry out guard work;

+ Research and applying science and technology to guard work;

+ Implement international cooperation on security work.

- The Guards of the Ministry of National Defense have the following tasks:

+ Ensure absolute safety for the objects of guard duty in charge of the Army in all situations;

+ Actively collect information, analyze, evaluate and forecast the situation related to ensuring absolute safety for the objects of the guard;

+ Advise and propose to the Minister of National Defense on guard work in the Army;

Assume the prime responsibility for, and coordinate with, relevant units in deploying plans and plans to ensure absolute safety for guarded objects when visiting and working in areas under the management of the Army;

+ Coordinate with the Guards of the Ministry of Public Security and related forces to ensure absolute safety for the objects of the guard under the responsibility of the Army.

4. Obligations and responsibilities of guard forces in Vietnam 

In Article 19 of the Law on Guards 2017 stipulates the obligations and responsibilities of police officers and soldiers as follows:

- Absolutely loyal to the Communist Party of Vietnam and the State of the Socialist Republic of Vietnam;

Willing to fight and sacrifice to ensure absolute safety for the objects of the guard.

- Absolutely keep secrets about the security work and strictly implement security measures in accordance with the provisions of the Law on Guards 2017 and other relevant laws.

- Regularly study to improve political skills, professional qualifications, and physical training to complete tasks.

- Take responsibility before the law and superiors for their decisions when performing guard duties.

5. Powers of guards while performing guard duties in Vietnam

According to Article 20 of the Law on Guards 2017, the powers of the Commander of the Guard Command, the Director of the Military Security Protection Department, officers, and soldiers while performing their guard duties are as follows:

The Commander of the Guard Command has the following powers:

+ Decide on the application and use of professional measures in accordance with the law;

+ Request units of the people's armed forces, agencies, organizations, and individuals to provide information and documents related to guarding work and to coordinate and support the Guard forces when necessary;

+ Mobilize people and means as prescribed in Article 22 of the Law on Guards 2017;

+ Suspend the use of communication means, means of transport, or other activities in the territory of Vietnam when there are grounds to determine that this activity may jeopardize the safety of the objects of the guard;

+ Propose to postpone or change the working program and activities of the guarded subjects when there are grounds to believe that such activities may endanger their safety;

+ Refuse to comply with a request that is not part of the guarding measures and regime in accordance with the law on bodyguards;

+ Temporarily ban roads around key areas and areas where particularly important events take place, as specified in Clauses 3 and 4, Article 10 of the Law on National Security;

Around the residence and place of activities of Party and State leaders and international guests in case of necessity;

+ Exercise other rights as prescribed by the National Security Law.

- The Director of the Military Security Protection Department has the powers specified at Points a, b, c, dd, e and h, Clause 1, Article 20 of the Law on Guards 2017.

- Guard forces have the following powers:

+ Use professional measures as prescribed by law;

+ Use weapons, explosives, and support tools in accordance with the Law on Guards 2017 and the Law on Management and Use of Weapons, Explosives, and combat gears; Special protection papers, professional technical means, and signals of priority vehicles;

+ Bring weapons, technical means, and supporting tools to the airport and board the aircraft;

+ Inspect and control people, carrying objects, means of entering and leaving the area, and targets of guarding;

+ Temporarily detain people, carry-on objects, and vehicles entering or leaving the area or target of a guard when there are grounds to believe that such persons, objects, or means pose a risk of harming the safety of the objects.

+ Mobilize people and means as prescribed in Article 22 of the Law on Guards 2017;

+ Request agencies, organizations, and individuals to support and help ensure the safety of the objects of the guard in all situations.

- The decision on the application and use of measures specified in Clauses 1, 2 and e, Clause 3, Article 20 of the Law on Guards 2017 must be made in writing;

In case of an urgent request, the person performing the task may decide directly orally, but must immediately issue a decision or report to the competent authority in writing.

The decision maker must take responsibility before the law for his/her decision.

6. Regulations on shooting when performing tasks of the guard force in Vietnam

Regulations on shooting when on duty are specified in Article 21 of the Law on Guards 2017, which provides for the performance of duties as follows:

Guards officers and soldiers, while on duty, may only open fire in the following cases, but must comply with the principles of using military weapons specified in the Law on Management and Use of Weapons, Explosives, and combat gears;

- Warn the object that is breaking into the area, the target of the guard;

- Open fire at the object that is breaking into the area, the target of the guard, after giving the order to stop and shoot in the air, but it is not effective;

- Disable the object that is directly attacking the object of the guard or the guard officer or soldier on duty;

- Other shooting cases are specified in the Law on Management and Use of Weapons, Explosives, and combat gears.

7. Regulations on mobilization of people and means to perform security work in Vietnam

Article 22 of the Law on Guards 2017 stipulates the mobilization of people and means to perform the security work as follows:

- In urgent cases, in order to ensure absolute safety for bodyguards, police officers and soldiers may mobilize people, means of communication, means of transport, and other means of transport, as well as the person using or operating the vehicle;

Except for vehicles belonging to diplomatic missions, consular offices, representative offices of international organizations, and persons enjoying diplomatic or consular privileges and immunities according to the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a contracting party.

- Guards who mobilize people and means are responsible for returning the means immediately after the urgent case ends.

If the person mobilized on duty suffers damage, he/she is entitled to the regimes and policies specified in Clause 2, Article 7 Article 22 of the Law on Guards 2017;

In the event that the mobilized vehicle is lost or damaged, the agency employing the mobilized cadres and soldiers must compensate in accordance with the law.

Ngoc Nhi

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