Contents of ensuring conditions for activities to protect security and order in Vietnam

Contents of ensuring conditions for activities to protect security and order in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Principles of ensuring conditions for activities to protect security and order in Vietnam

Principles for ensuring conditions for security and order protection activities according to Article 3 of Decree 127/2006/ND-CP are as follows:

- Based on the ability to balance the budget, the State ensures budget conditions and facilities to meet the requirements of protecting security and order in all situations. Priority is given to strategic, vital, and important areas in terms of security and order.

- When there is a threat to national security but not at the level of declaring a state of emergency, all human, financial, and physical resources and scientific and technological achievements of organizations and individuals can be considered and mobilized by the State for national security protection activities.

In urgent cases, when security and order are seriously violated, all means of transportation, information, and other technical means of organizations and individuals, as well as the drivers and users of those vehicles, can be considered and mobilized by the State to serve the protection of social order and safety.

- The State implements a timely and adequate compensation policy according to current market prices and legal regulations for individuals and organizations whose resources are mobilized for activities to protect security and order.

- It is strictly forbidden to take advantage of ensuring conditions for security and order protection activities for illegal purposes.

2. Contents of ensuring conditions for activities to protect security and order in Vietnam

According to Article 4 of Decree 127/2006/ND-CP regulating the content of ensuring conditions for security and order protection activities, as follows:

- Ensuring budget conditions and facilities for security and order protection activities, including: financial investment, weapons, support tools, equipment, professional technical means, land, headquarters, works, industrial facilities, and other material and technical conditions for security and order protection activities.

- Mobilizing scientific and technological achievements to serve security and order protection activities, including: technology transfer and results of scientific research and technological development; ensuring material and technical foundations for training and scientific research facilities of agencies specialized in protecting security and order; ensuring information potential, databases, and scientific and technological documents; Supplementing forces, training, and fostering scientific and technological human resources to serve security and order protection activities.

- National reserves ensure conditions for activities to protect security and order, including long-term, medium-term, and annual budget reserves and national reserve goods.

3. Forms and methods of mobilizing resources to serve activities protecting security and order in Vietnam

Forms and methods of mobilizing resources to serve security and order protection activities according to Article 5 of Decree 127/2006/ND-CP are as follows:

- The mobilization of resources from organizations and individuals to serve the activities of protecting security and order is carried out in the form of confiscation, requisition, and requisition.

- Mobilizing resources from organizations and individuals to serve the activities of protecting security and order is carried out in the following ways:

+ Required when there are situations and factors that directly affect security and order;

+ Contract agreements between agencies responsible for protecting security and order with organizations and individuals;

+ Voluntariness of organizations and individuals in helping specialized agencies protect security and order.

- Based on each specific case, the competent authority decides to apply methods of mobilizing resources to protect security and order.

4. Rights of organizations and individuals whose resources are mobilized for activities to protect security and order in Vietnam

The rights of organizations and individuals whose resources are mobilized for security and order protection activities according to Article 6 of Decree 127/2006/ND-CP are as follows:

- In cases where the resources of organizations and individuals are mobilized in a compulsory manner but not requisitioned, the agencies in charge of protecting security and order must immediately return the mobilized resources to individuals and organizations when situations and factors that directly affect security and order no longer exist. If damage occurs, the agency responsible for protecting security and order is responsible for compensation according to the provisions of the law.

- Organizations and individuals with scientific and technological initiatives and achievements that are mobilized to serve security and order protection activities are entitled to material and spiritual benefits according to the provisions of the law.

- The Ministry of Public Security presides and coordinates with the Ministry of National Defense, the Ministry of Labor, War Invalids, and Social Affairs, the Ministry of Home Affairs, the Ministry of Science and Technology, the Ministry of Education and Training, the Ministry of Finance, and relevant agencies and organizations to specifically stipulate appropriate preferential regimes and policies for each method of mobilizing resources to serve activities of protecting security and order.

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