Decree 35/2010/nd-Cp: About Legal Measures To Protect National Security, Preserving Order, Social Safety

Original Language Title: Nghị định 35/2011/NĐ-CP: Về biện pháp pháp luật bảo vệ an ninh quốc gia, giữ gìn trật tự, an toàn xã hội

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The DECREE About the measures the law protecting national security, preserving social security, order _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law of national security on 3 December 2004;
Pursuant to the law of public security of the people on November 29, 2005;
Considering the recommendation of the Minister of public security, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree stipulates the principles, content, authority, accountability and ensure the conditions for the application of legal measures to protect national security, preserving order, social security (in this Decree as the legal measures to protect the security, order).
Article 2. The object of this Decree apply apply to agencies, officers are dedicated to the protection, security and order; agencies, organizations, citizens of Vietnam; agencies, organizations, individuals, international organizations, foreign residence, activities on the territory of the Socialist Republic of Vietnam. The case of the international treaties to which the Socialist Republic of Vietnam is a member have other regulations shall apply to international treaties.
Article 3. Explanation of terms In this Decree, the following words are interpreted as follows: 1. the legal measures to protect the security, order is the way, the method of construction law, signing, joining international treaties, international agreements and the use of laws, international treaties, international agreements to protect the security , order.
2. specialized agencies responsible for security protection, the order is directed, and the business unit in the people's police, the people's army was tasked with making staff who are dedicated, organized, direct mission security guard, order.
3. dedicated officers protect security, order, officers of the Agency's officers are dedicated to protect security, order in public security of the people, people's army was tasked with dedicated staff, the Organization, direct mission security guard, order.
Article 4. Principles of applied legal measures to protect security, order 1. Agencies, officers are dedicated to protect security, order when making the legal measures to protect the security, the order must: a) in compliance with the Constitution, the laws of the Socialist Republic of Vietnam, the international treaties to which the Socialist Republic of Vietnam is a member, the international agreements to which the competent authorities of the Socialist Republic of Vietnam have the sign;
b) are not taking advantage of legal measures to protect the security, order to violate the interests of the State, the rights, legitimate interests of agencies, organizations and individuals;
c) make the right functions, duties, powers and authority prescribed by law, ensure efficiency;
d) incorporate the application of legal remedies with the masses, the power of diplomacy, economic activities, profession, scientific-technical and armed to protect security, order.
2. Agencies, organizations, citizens of Vietnam; agencies, organizations, individuals, international organizations, foreign residence, activities on the territory of the Socialist Republic of Vietnam have the responsibility to respect and strictly implement requirements of the agencies, officers are dedicated to the protection, security and order; facilitate, help agencies, officers are dedicated to protect security, order and make legal measures to protect security and order.
Chapter II content, authority, RESPONSIBILITY and GUARANTEE CONDITIONS APPLY LEGAL MEASURES to PROTECT the SECURITY, order article 5. The content of legal measures to protect security, order 1. Insert the security requirements, in order to build the law, signing, joining international treaties, international agreements, institutional completeness.
2. Detect, prevent, handle active advantage of behavior of construction law, international cooperation on the law for harming the political regime, the economy, culture, society of the Socialist Republic of Vietnam.
3. Use the law, international treaties, international agreements for governance of security, order and implement preventive measures, detect, investigate and handle breach of the law on the protection of the security, order.
Article 6. The authority, the responsibility of agencies, organizations, individuals in applying legal remedies to protect security, order 1. Within the scope of its powers, duties organisation made the content of legal measures to protect the security, the order prescribed in article 5 of this Decree and the other provisions of the law related to the protection, security and order.
2. Promptly provide to the Agency, the officers are dedicated to protect security, order information, documents relating to the activities of construction law, signing, joining international treaties, international agreements, using the law that says bad influence to protect security, order; State benefits, rights, legitimate interests of organizations and individuals.
3. In the process of making the proposal of building law, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, the Prime Minister's decision, signing, joining international treaties, international agreements, ministries, ministerial-level agencies have a responsibility to send it to the Ministry of public security to get comments on the conformity with the requirements the security guard, order.
In the process of drafting the laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, the Prime Minister's decision, signing, joining international treaties, international agreements are relevant to security, order, ministries and ministerial bodies must submit a profile to build legal text , signing, joined the international treaty, the international agreement that to the Ministry of public security to get comments on the impact of the text with respect to the request to protect security, order.
4. implementation of the requests, the Agency's decision, officials are dedicated to protect security, order; the Agency, the authority in the application of legal measures to protect the security, order prescribed by the law.
Article 7. The authority, the responsibility of agencies responsible for security protection, in order to apply legal measures to protect the security, order 1. Collect information, analyse, assess, consult and build strategies, policies, guidelines, laws, solutions, methods of using legal measures to protect the security, order.
2. Organizing and directing the work to prevent, detect, prevent, fight against the destructive activities, independence, sovereignty, unity, territorial integrity of the country; through legislation to transform the political regime, the economy, culture, society of the Socialist Republic of Vietnam; cause security disorder, order violated State interests, rights, legitimate interests of organizations and individuals.
3. Require or recommend competent authorities decide to terminate or suspend the operation of building law, signing, joining international treaties, international agreements, using the laws of agencies, organizations, individuals with bad influence to protect the independence, sovereignty, unity, territorial integrity of the country; the political regime, the economy, culture, society of the Socialist Republic of Vietnam; order, social security; State benefits, rights, legitimate interests of organizations and individuals.
4. use of service measures and other necessary measures in order to implement measures to protect the security, law and order under the provisions of the law.
5. The guide, check out the Agency, organization, personal legal measures taken to protect security, order.
Article 8. The authority, responsibility of heads, officers dedicated to security, in order to apply legal measures to protect the security, order 1. The heads of agencies responsible for protecting the security and order within the scope of the task, their powers to decide the use of the authority, the responsibility of the agencies responsible for security protection, in order to apply legal measures to protect the security, order prescribed in article 7 of this Decree; the assignment of officers under his command, made his decision or mission heads-level on the decision.
2. dedicated officers protect security, order and responsibility to perform tasks as assigned, the Commander of his unit heads.
3. While performing their duties, heads, officers dedicated to protect security, order and must strictly obey the laws, professional rules, discipline of the people's public security forces, the army and the people responsible before the law about the behavior, its decision.
Article 9. The budget guarantee for the application of legal measures to protect the security, order 1. The State budget ensures the application of legal measures to protect the security, order in State budget estimates of the ministries, ministerial agencies, other central organs of the people's Committee of the levels prescribed by the law on the State budget.
2. Establish, Executive and State budget settlement ensures the application of legal measures to protect the security, order prescribed by the law on State budget and enforcement Guide text.
Chapter III article 10 ENFORCEMENT TERMS. Effective enforcement of this Decree in effect enforced since January 10, 2011.
Article 11. Responsibility 1. The Minister of public safety is responsible for chairing, in coordination with the ministries concerned, inspection instructions, urging the implementation of this Decree.
2. The Minister of national defence has the responsibility to guide test, urging the implementation of this Decree in the people's army.
3. Ministers, heads of ministerial agencies, government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.