Nghị định 126/2008/NĐ-CP của Chính phủ về việc quy định chi tiết và hướng dẫn thi hành một số điều của Pháp lệnh Bảo vệ công trình quan trọng liên quan đến an ninh quốc gia

DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE ORDINANCE ON PROTECTION OF NATIONAL SECURITY-RELATED IMPORTANT WORKS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the April 20, 2007 Ordinance on Protection of National Security-Related Important Works;

At the proposal of the Minister of Public Security,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Decree details and guides the implementation of a number of articles of the Ordinance on Protection of National Security-Related Important Works regarding establishment of national security-related important works; protection forces, activities of protecting national security-related important works, and responsibilities of ministries, branches and People's Committees at all levels to protect national security-related important works.

Article 2.- Subjects of application

Vietnamese agencies, organizations and individuals; foreign individuals and organizations, and international organizations based and operating in the territory of the Socialist Republic of Vietnam shall implement this Decree. In case a treaty to which the Socialist Republic of Vietnam is a contracting party otherwise provides for, that treaty prevails.

Article 3.- Responsibilities of agencies, organizations and individuals to protect national security-related important works

Agencies, organizations and individuals shall strictly comply with the provisions of the Ordinance on Protection of National Security-Related Important Works, the provisions of this Decree and other relevant laws on protection of national security-related important works; strictly abide by requests of protection forces and cooperate with these forces in assuring absolute security and safety for national security-related important works.

Article 4.- Propaganda and dissemination of and education about the law on protection of national security-related important works

1. Agencies, organizations and People's Committees at all levels shall conduct propaganda and dissemination of and education about the law on protection of national security-related important works among all of their members and people in order to raise their sense of law observance.

2. Information and communication agencies shall organize the propaganda and dissemination of the law on protection of national security-related important works on the mass media.

Article 5.- Funds for activities of protecting national security-related important works

1. For works at the stage of survey, designing or construction, their protection funds shall be included in their capital construction investment capital amounts.

2. For works already put into operation or use, their protection funds shall be balanced and incorporated in annual budget estimates of managing agencies or organizations or included in business expenses or service charges payable by these agencies or organizations.

3. Support funds for training protection forces of agencies or organizations managing works shall be incorporated in annual budget estimates of the Public Security Ministry.

4. Expenses for protection of national security-related important works include:

a/ Salaries, wages, social insurance and health insurance premiums (if any); rewards and other expenses for protection forces and agencies, organizations or individuals taking part in the protection under this Decree and other relevant provisions of law;

b/ Expenses for survey, verification, assessment and evaluation and other necessary expenses for evaluation of the list of national security-related important works;

c/ Expenses for working offices and accommodation for members of protection forces;

d/ Expenses for organization of protection maneuvers and training;

dd/ Expenses for procurement of outfits and necessary equipment and devices for protection forces.

5. Based on their assigned tasks, concerned agencies and organizations shall estimate, manage, use and settle funds for protection of national security-related important works under the State Budget Law and guiding documents.

Article 6.- Entitlements and preferential policies for protection forces and agencies, organizations and individuals taking part in the protection of national security-related important works

1. Members of protection forces of national security-related important works who record merits will be commended and rewarded and enjoy preferential policies provided for by law. Those who get injured or die while on duty, bravely protecting national security-related important works will be recognized as invalids or fallen heroes.

2. Agencies, organizations and individuals mat take part in the protection of national security-related important works and record merits will be commended and rewarded: individuals who get injured, suffer from health damage or die while taking pail in the protection of national security-related important works and their families will enjoy entitlements and preferential policies provided by the State.

3. The Public Security Ministry shall assume the prime responsibility for, and coordinate with the Labor, War Invalids and Social Affairs Ministry in, detailing this Article.

Chapter II

DRAWING UP OF THE LIST OF NATIONAL SECURITY-RELATED IMPORTANT WORKS

Article 7.- Criteria for identification of national security-related important works

A national security-related important work must satisfy the following criteria:

1. It has any of the following characteristics:

a/ Being a physical foundation particularly important for national security:

- An important defense or security work that, if encountering a breakdown or sabotaged, may weaken the national defense strength or directly affect the existence of the regime.

- A cultural or information and communication work that, if sabotaged or used as a tool for information and propaganda against the state power, may directly affect the people's mind or the existence of the regime.

- A work in which a nuclear technology is applied (research nuclear reactor or nuclear power plant) or a particularly important work in an economic or socio-political domain, or in traffic, dike, electricity, irrigation or construction sector that, if encountering a breakdown or sabotaged, may cause extremely severe consequences to the national economy or disasters threatening human life or the eco-environment.

b/ Being a place where many dossiers, documents, specimens and exhibits classified as state secrets or of particularly important political-diplomatic, cultural-historical, economic, scientific-technical values are stored or preserved; or where activities of studying and formulating lines and policies classified as state secrets are regularly carried out.

c/ Being a place where materials or substances which are extremely dangerous to human beings and the eco-environment are preserved.

d/ Other works under the Prime Minister's decisions.

2. It requires the application of a special protection regime and absolute safety in the course of survey, designing, construction, management and use under the Ordinance on Protection of National Security-Related Important Works, this Decree and other relevant legal documents.

Article 8.- Protection corridors of national security-related important works

1. The protection corridor of a national security-related important work embraces the air space, ground, water surface and underground or underwater areas surrounding the work, measuring in meter from the base of the work:

a/ For a work with its protection corridor or safety zone already defined by a specialized legal document, the specific boundaries of its protection corridor are the boundaries of the safely zone added with a certain height, depth, length and width at the request of the Evaluation Council.

b/ For a newly built work or work without a law-prescribed protection corridor or safety zone, the specific boundaries of its protection corridor will be proposed by the Evaluation Council.

2. The Prime Minister shall decide on the boundaries of protection corridors for each work based on requests of the Evaluation Council.

Article 9.- Compilation of dossiers of request for inclusion of works into the list of national security-related important works

1. Pursuant to Articles 7 and 8 of this Decree, ministers, heads of ministerial-level agencies or government-attached agencies or presidents of provincial-level People's Committees shall compile dossiers to request the inclusion of works under their management into the list of national security-related important works (the list). A dossier of request for inclusion of a work into the list must be examined and submitted by the Evaluation Council to the Prime Minister for decision.

2. A dossier of request for evaluation and inclusion of a work into the list comprises:

a/ A report to the Prime Minister, requesting the inclusion of the work into the list. This report must clearly state the necessity of inclusion of the work into the list, protection objectives and requirements; the proposed boundaries of the protection corridor; and sizes, open directions, heights and foundation depths of adjacent works outside the protection corridor.

b/ A written request for evaluation, signed by the minister, head of the ministerial-level or government-attached agency or president of the provincial-level People's Committee;

c/ A protection plan, number of members and organization of the protection force of the agency or organization managing the work.

3. For works currently in use, a dossier of request for evaluation and inclusion of a work into the list comprises:

a/ The documents specified in Clause 2 of this Article;

b/ A report to the Prime Minister must additionally contain the following contents: brief information on the work: its name, functions, tasks, investor(s), contractor(s), units in charge of construction, date of construction commencement, date of starling operation and the operation-managing unit; characteristics of the situation of security and order related to the work; organization of the existing protection force; the work location plan; and proposed solutions to matters related to the work protection requirements.

Article 10. Agency evaluating dossiers of request for inclusion of works into the list of national security-related important works

The agency evaluating dossiers of request for inclusion of works into the list of national security-related important works is the Evaluation Council, which is set up under a decision of the Public Security Minister or the Defense Minister and composed of the following persons:

1. For an Evaluation Council set up under the Public Security Minister's decision:

a/ The Public Security Minister, who acts as the chairman;

b/A vice minister or an equivalent post of the ministry or branch or a vice president of the provincial-level People's Committee that has a work requested to be included in the list of national security-related important works, and representatives of leaderships of the Finance Ministry, the Planning and Investment Ministry, the Construction Ministry and the Government Office as members;

c/ Depending on the nature, size and characteristics of each work, the chairman of the Evaluation Council may decide on other members.

2. For an Evaluation Council set up under the Defense Minister's decision (for works directly managed by the Defense Ministry):

a/ The Defense Minister, who act as the chairman;

b/ Representatives of leaderships of the Public Security Ministry, the Finance Ministry, the Planning and Investment Ministry, the Construction Ministry and the Government Office as members;

c/ Depending on the nature, size and characteristics of each work, the chairman of the Evaluation Council may decide on other members.

Article 11. Operation principles of the Evaluation Council

1. The Evaluation Council shall work on the principle of collective discussion and vote and decision by majority. In case votes for and votes against a decision are equal (50/50), the Evaluation Council chairman shall make the final decision.

2. The Evaluation Council shall work on a part-time basis and dissolve after the Prime Minister issues a decision to include or not to include a work into the list of national security-related important works. Its members shall take responsibility before their own ministries, branches and localities and perform the tasks assigned by the chairman.

Article 12.- Order of evaluation of dossiers of request for inclusion of works into the list of national security-related important works

1. Within 60 days after the receipt of a complete dossier of request for evaluation and 30 days after the receipt of a dossier of request for evaluation for modification and supplementation of the list of national security-related important works, the evaluating agency shall evaluate the dossier and submit it to the Prime Minister for decision.

2. The Evaluation Council chairman shall organize the duplication of the dossier and send its copies to the Council members 15 days before the Evaluation Council meets. When necessary, a site survey must be conducted before the meeting of the Evaluation Council. The agency requesting the evaluation and inclusion of the work into the list of national security-related important works shall cooperate with and create conditions for the Council to conduct the survey.

3. Within 7 days after the evaluation meeting concludes, the Evaluation Council chairman shall propose to the Prime Minister for decision the list of national security-related important works and boundaries of work protection corridors.

4. Within 15 days after the receipt of a dossier of request for re-evaluation, the evaluating agency shall evaluate the dossier and submit it to the Government for decision.

Article 13.- Exclusion of works from the list of national security-related important works

1. Annually, based on the criteria of national security-related important works, ministers, heads of ministerial-level agencies or government-attached agencies or presidents of provincial-level People's Committees shall consider and identify works which no longer satisfy these criteria and compile dossiers to request the exclusion of works under their respective management from the list of national security-related important works. Such dossiers of request shall be examined and submitted by the Evaluation Council to the Prime Minister for decision.

2. A dossier of request for exclusion of a work out from the list of national security-related important works comprises:

a/ A written report to the Prime Minister requesting the exclusion of the work from the list of national security-related important works. This report must clearly state the reason and necessity for exclusion;

b/ A written request for evaluation signed by the minister, the head of the ministerial-level agency or government-attached agency or the president of the provincial-level People's Committee;

c/ Other documents relevant to the request for exclusion of the work from the list of national security-related important works.

3. The order, procedures and competence for consideration and decision on exclusion of works from the list of national security-related important works comply with regulations applicable to the consideration and decision on inclusion of these works in the list of national security-related important works.

Chapter III

PROTECTION OF NATIONAL SECURITY-RELATED IMPORTANT WORKS

Article 14.- Scope of protection of national security-related important works

1. For works at the stage of survey, designing or construction:

a/ Assuring their safety and secrecy (for projects on the list of state secrets);

b/ Safeguarding them in the course of construction, combating stealing or fraudulent exchange of supplies and technical equipment and facilities supplied under approved designs;

c/ Assuring that construction activities are conducted in compliance with technical processes and standards already approved by competent agencies.

2. For works already put into operation or use:

a/ Protecting state secrets (if these works are on the list of state secrets);

b/ Safeguarding internal security against unauthorized entry and sabotage;

c/ Preventing and combating crimes and enemy sabotage against physical foundations and protection corridors of these works;

d/ Preventing and combating other illegal acts.

Article 15.- Protection of works upon their planning, designing, construction, renovation or upgrading

1. To supervise the assurance of security and safety under plans in the course of planning, designing and construction of works, such as selection of locations to meet protection requirements and installation of technical systems for protection; stationing and movement of the protection force; installation of the fire prevention and fighting system; plans to limit weaknesses or take advantage of technical elements in the planning and design to meet protection requirements.

2. In case of a change in the planning or design, renovation or upgrading of a work, the head of the work-managing agency shall work out a detailed scheme on the change and obtain permission of the Public Security Minister or the Defense Minister (for works directly managed by the Defense Ministry), and an appropriate plan to protect the work.

Article 16.- Protection of works in operation

1. The operation of national security-related important works must comply with prescribed technical processes, rules and standards. Agencies and organizations that manage or operate works shall assure their safety and work out plans on response to incidents upon detecting the risk of incident, and devise proactive measures to prevent and combat natural disasters and other factors likely to harm these works.

2. To work out and implement protection plans to prevent and combat acts harming the safety of works; to organize drills and maneuvers to respond to any unexpected events.

Article 17.- Management and use of protection corridors of national security-related important works

1. Within the protection corridor of a national security-related important work, the following activities are prohibited:

a/ Building residential houses, economic or civil works;

b/ Setting fire, using explosive materials, flammable or blasting equipment and materials, fire-carrying flying objects;

c/ Conducting agricultural, forestry or fishery activities within a radius of 500 m from the base of the national security-related important work;

d/ Exploring and exploiting mineral resources;

dd/ Hunting or blasting;

e/ Anchoring or mooring vessels.

2. Within the protection corridor of a national security-related important work, the following activities are allowed:

a/ Building works in direct service of the operation of the work;

b/ Building small- and medium-sized irrigation works or works in service of fire and explosion prevention and combat, salvage and rescue;

c/ Building small- and medium-sized transport infrastructure works in direct service of the operation of the work, or works in service of fire and explosion prevention and combat, salvage and rescue.

3. In special cases when necessary to use land, water or space areas for purposes other than those specified in Clause 2 of this Article, the Prime Minister's permission is required.

4. Apart from the provisions of Clauses I and 2 of this Article, residence, production, business, entry, exit, travel, filming, photographing and other activities within the protection corridor of a national security-related important work is subject to the permission of the agency or organization managing the work.

5. Upon the occurrence of a fire or explosion or emergence of danger of a fire or explosion in a national security-related important work, all responsible local agencies, organizations and individuals shall cooperate with commanders of concerned protection units in organizing the timely prevention and response. All unauthorized individuals are strictly prohibited from entering the protection corridors of national security-related important works during the time when the danger of a fire or explosion exists, or a fire or explosion is occurring or dealt with.

Article 18.- Protection forces of national security-related important works

1. Protection forces of the Public Security Ministry, set up under the Public Security Minister's decisions, shall protect national security-related important works directly managed by the Public Security Ministry and other works on the list of national security- related important works at the request of competent agencies.

2. Protection forces of the Defense Ministry, set up under the Defense Minister's decisions, shall protect national security-related important works directly managed by the Defense Ministry.

3. Protection forces of agencies or organizations managing works shall be set up under decisions of heads of these agencies or organizations under the Public Security Ministry's guidance.

Depending on the size and nature of each work, a protection section, division or team may be set up. For agencies and enterprises with protection forces organized according to their hierarchical systems, grassroots protection forces shall submit to the direct management and direction by heads of these agencies and enterprises and concurrently submit to the professional direction and guidance by public security offices and higher-level protection units.

4. A person who satisfies all the following criteria may be admitted into the protection force of a work-managing agency or organization:

a/ Being a Vietnamese citizen aged 18 years or older, and having graduated from an upper secondary or higher-level school;

b/ Having a clear background, full civil act capacity, good ethical quality and no criminal record;

c/ Being professionally qualified for work protection;

d/ Having well observed state policies and laws;

dd/ Being physically fit to perform protection tasks.

Chapter IV

RESPONSIBILITIES OF MINISTRIES, BRANCHES AND PROVINCIAL-LEVEL PEOPLE'S COMMITTEES

Article 19.- Responsibilities of the Public Security Ministry

1. The Public Security Ministry is answerable to the Government for performing the unified state management of the protection of national security-related important works, covering:

a/ Elaborating and promulgating, or proposing to the Government for promulgation, legal documents on protection of national security-related important works;

b/ Disseminating and educating about the law on protection of national security-related important works;

c/ Organizing and directing the protection of national security-related important works; elaborating contents of programs of training in political and legal knowledge and protection skills for protection forces of national security-related important works;

d/ Receiving dossiers and organizing the evaluation of requests for inclusion of works in the list of national security-related important works;

dd/ Organizing research and application of scientific and technological advances to the protection of national security-related important works;

e/ Examining, inspecting, investigating, and handling acts infringing upon national security-related important works.

2. It shall organize the protection of national security-related important works under its management under the Ordinance on Protection of National Security-Related Important Works, this Decree and other relevant provisions of law.

Article 20.- Responsibilities of the Defense Ministry

1. To organize the protection of national security-related important works under its management under the Ordinance on Protection of National Security-Related Important Works, this Decree and other relevant provisions of law.

2. To assume the prime responsibility for, and coordinate with concerned ministries and branches in, performing the state management of works under its management.

3. To coordinate with the Public Security Ministry, agencies and organizations managing national security-related important works in deploying forces and appropriate equipment to early detect and prevent all acts infringing upon national security-related important works.

Article 21.- Responsibilities of ministries, ministerial-level agencies and government-attached agencies

1. To draw up or propose adjustments or supplements to lists of national security-related important works they are directly managing, then send them to the Evaluation Council of the Public Security Ministry for evaluation and submission to the Government.

2. To nominate their staff to act as members of the Evaluation Council, and organize the realization of requests of evaluation agencies in the course of evaluation.

3. To follow the organization and protection skills guidance of state management agencies in charge of protection of national security-related important works.

4. To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and government-attached agencies in, implementing regulations on protection of works under their management.

5. To create conditions for investors and units managing the operation and use of works to perform their tasks of protecting security and safety of works.

6. To conduct propaganda and education to raise the sense of responsibility of cadres, staff and laborers working at national security-related important works to protect these works. To organize the response to the movement "All the people safeguard national security."

7. To handle according to their competence violations of the law on protection of national security-related important works.

Article 22.- Responsibilities of provincial-level People's Committees

1. To draw up or propose adjustments or supplements to lists of national security-related important works they are directly managing, then send them to the Evaluation Council of the Public Security Ministry for evaluation and submission to the Government.

2. To nominate their staff to act as members of the Evaluation Council, and organize the realization of requests of evaluation agencies in the course of evaluation.

3. To follow the organization and protection skills guidance of state management agencies in charge of protection of national security-related important works.

4. To direct and guide lower-level People's Committees in performing the task of protecting national security-related important works under their management; to participate in the management and protection of works under management of ministries and central branches and works invested by organizations and individuals in their respective localities.

5. To conduct propaganda and education to raise the sense of responsibility of cadres, public employees and local people to strictly observe regulations on protection of national security-related important works. To organize the response to the movement "All the people safeguard national security."

6. To handle according to their competence violations of the law on protection of national security-related important works.

Chapter V

IMPLEMENTATION PROVISIONS

Article 23.- Effect

This Decree takes effect 15 days after its publication in "CONG BAO."

Article 24.- Implementation guidance and organization

The Public Security Minister shall guide, or assume the prime responsibility for, and coordinate with concerned ministries and branches in, detailing the implementation of this Decree.

The Defense Minister shall guide, or assume the prime responsibility for, and coordinate with concerned ministries and branches in, detailing the implementation of this Decree regarding national security-related important works under its management.

Ministers, heads of ministerial-level agencies and government-attached agencies, and presidents of provincial-level People's Committees shall implement this Decree.