What are legal measures to protect security and order? Scope of legal measures to protect security and order in Vietnam

What are legal measures to protect security and order? Scope of legal measures to protect security and order in Vietnam (Internet image)

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

1. What are the legal measures to protect security and order?

According to Article 1, Clause 3 of Decree 35/2011/ND-CP, legal measures to protect security and order are the methods, approaches to constructing laws, signing and joining international treaties and agreements, and using laws, international treaties, and agreements to protect security and order.

2. Principles of applying legal measures to protect security and order in Vietnam

The principles of applying legal measures to protect security and order according to Article 4 of Decree 35/2011/ND-CP are as follows:

- The agencies and officials responsible for protecting security and order must:

+ Comply with the Constitution, laws of the Socialist Republic of Vietnam, international treaties that Vietnam is a member of, and international agreements signed by competent authorities of Vietnam.

+ Do not exploit legal measures to protect security and order to infringe upon the interests of the state, legitimate rights, and the interests of organizations, individuals.

+ Perform their functions, tasks, powers, and authorities as prescribed by law, ensuring effectiveness.

+ Combine the application of legal measures with the strength of the people, the strength of diplomatic, economic, professional, scientific, and technological activities, and the strength of the armed forces to protect security and order.

- Vietnamese citizens, foreign organizations, and individuals residing and operating in the territory of the Socialist Republic of Vietnam have the responsibility to respect and strictly comply with the requirements of agencies and officials responsible for protecting security and order and to create conditions to help these agencies and officials implement legal measures to protect security and order.

3. Scope of legal measures to protect security and order in Vietnam

The Scope of legal measures to protect security and order according to Article 5 of Decree 35/2011/ND-CP is as follows:

- Incorporating the requirements for protecting security and order into the construction of laws, signing, joining international treaties, agreements, and improving institutional mechanisms.

- Detecting, preventing, and handling acts of exploiting legal construction activities, international legal cooperation to undermine the political, economic, cultural, and social regime of the Socialist Republic of Vietnam.

- Using laws, international treaties, and agreements to manage the state's protection of security and order and implement preventive, detection, investigation, and handling measures for violations of laws on the protection of security and order.

4. Competence and responsibilities of agencies, organizations, and individuals in applying legal measures to protect security and order in Vietnam

The competence and responsibilities of agencies, organizations, and individuals in applying legal measures to protect security and order according to Article 6 of Decree 35/2011/ND-CP are as follows:

- Within the scope of their tasks and powers, they organize the implementation of the contents of legal measures to protect security and order as prescribed in Article 5 of Decree 35/2011/ND-CP and other regulations related to the protection of security and order.

- In the process of preparing documents requesting the development of laws and resolutions of the National Assembly, ordinances, resolutions of the National Assembly Standing Committee, and decrees of the government, decisions of the Prime Minister, and signing and acceding to international treaties and agreements, the Ministries and ministerial-level agencies are responsible for sending that file to the Ministry of Public Security for comments on its compatibility with the requirements for protecting security and order.

In the process of drafting laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, decisions of the Prime Minister, signing, joining international treaties, and agreements, the relevant ministries, agencies parallel to ministries must send the records of constructing legal normative documents, signing, joining international treaties, and agreements to the Ministry of Public Security to obtain opinions on the impact of these documents on the requirements of protecting security and order.

- Implement the requirements and decisions of the agencies, officials responsible for protecting security and order, and other authorized agencies in applying legal measures to protect security and order according to the provisions of the law.

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