Chương 1 Luật an ninh quốc gia 2004: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Regulation scope

This Law prescribes the national security policies; the national security protection principles, tasks and measures; the rights, obligations and responsibilities of agencies, organizations and citizens in protecting the national security.

Article 2.- Subjects of application

This Law applies to agencies, organizations and citizens of the Socialist Republic of Vietnam; foreign individuals and organizations as well as international organizations, that reside or operate in the territory of the Socialist Republic of Vietnam; in cases where the international agreements which the Socialist Republic of Vietnam has signed or acceded to otherwise provide for, such international agreements shall apply.

Article 3.- Term interpretation

In this Law, the following terms and phrases shall be construed as follows:

1. National security means the stability and sustainable development of the socialist regime and the State of the Socialist Republic of Vietnam, the inalienability of the independence, sovereignty, unity and territorial integrity of the Fatherland.

2. National security protection means the prevention, detection, stoppage of, and the struggle to frustrate, all activities of infringing upon the national security.

3. Activities of infringing upon the national security mean acts of infringing upon the political regime, the economic regime, culture, security, national defense, external relations, independence, sovereignty, unity, territorial integrity of the Socialist Republic of Vietnam.

4. National security-threatening dangers mean factors inside and outside the Vietnamese territory, which may actually cause harms to the national security of the Socialist Republic of Vietnam.

5. The national security protection specialized agencies mean the directing, commanding agencies and professional units of the people’s armed forces, which are assigned the specialized tasks of advising on, organizing the implementation of, and directly implementing, the tasks of protecting the national security.

6. National security protection specialized officials mean officers and non-commissioned officers of the national security protection specialized agencies, who are assigned the specialized tasks of advising on, organizing the implementation of, directly implementing, the tasks of protecting the national security.

7. Professional measures mean the working measures taken by national security protection specialized agencies in accordance with law provisions.

8. Important national security targets mean objects, locations, works, political, security, defense, economic, technical-scientific, cultural or social establishments, which are on the law-prescribed list of those to be protected.

9. The people’s security means the spiritual and material strengths, the unity and traditions of national construction and defense of the entire nation, which are mobilized for the cause of national security protection, in which the national security protection specialized forces act as the core.

10. The people’s security disposition means the organization and deployment of national security protection forces and necessary resources in order to take initiative in protecting the national security.

Article 4.- The national security policies

1. The Socialist Republic of Vietnam State adopts the policy of peace, friendship, expanding exchanges and cooperation with all countries on the basis of respect for each other’s independence, sovereignty and territorial integrity, non-interference in each other’s internal affairs, equality and mutual benefit.

2. The State adopts the policies of building the national unity bloc; strongly developing economy, culture, society, sciences, technologies, security, national defense and external relations, firmly maintaining the political stability in order to ensure the national security.

Article 5.- Principles for national security protection activities

1. To abide by the Constitution, the law, ensure the interests of the State, the legitimate rights and interests of organizations, individuals.

2. To be placed under the leadership of the Communist Party of Vietnam and the unified management of the State; to mobilize the integrated strength of the political system and the entire nation with the national security protection specialized forces acting as the core.

3. To closely combine the tasks of national security protection with the tasks of economic, cultural, social construction and development; to efficiently coordinate security, defense and external activities.

4. To actively prevent and struggle to foil all schemes and acts of infringing upon the national security.

Article 6.- Building the national security protection force

1. The State builds the national security protection specialized force into a revolutionary, regular, elite and gradually modernized one acting as the core in performing the tasks of protecting the national security.

2. The agencies and organizations shall, within the scope of their respective tasks and powers, have to build the commune police, self-defense and militia forces, office and enterprise security forces, street population defense and civil guards for participation in activities of national security protection according to law provisions.

Article 7.- Ensuring conditions for national security protection activities

The State ensures budget and material bases for national security protection activities in all circumstances, giving priority to strategic, key and important national security areas; adopts policies to mobilize scientific and technological achievements in service of national security protection activities.

Article 8.- National security protection responsibilities and obligations

National security protection constitutes the cause of the entire population. The agencies, organizations and citizens have the responsibility and obligation to protect the national security according to law provisions.

Article 9.- Regimes and policies for agencies, organizations and individuals engaged in national security protection activities

1. The State protects and keeps secret for officers and men of the national security protection specialized force as well as agencies, organizations and individuals engaged in national security protection.

2. Agencies, organizations and individuals that record achievements in national security protection activities shall be commended/rewarded, have their harmed honor restored, get compensation for property damage incurred by them; for persons who get wounded, health damage or die, they or their families shall enjoy the regimes and policies as prescribed by law.

Article 10.- National security protection propagation and education

1. The Government, the ministries, the ministerial-level agencies, the Government-attached agencies and the People’s Committees at all levels shall have to organize and direct the work of propagation for, and education in, national security protection.

2. The information and propaganda agencies shall have to organize the propagation and dissemination of legislation on, and raise the sense of, national security protection for the entire population.

3. The agencies and organizations shall, within the scope of their respective tasks and powers, have to propagate, educate and mobilize Vietnamese citizens, overseas Vietnamese to protect the national security.

4. National security protection education constitutes a national education content. The education and training-State management agencies shall have to include the content of national security protection education into the curricula of schools and other educational institutions, suitable to disciplines and educational levels.

Article 11.- International cooperation in the field of national security protection

The Socialist Republic of Vietnam State adopts the policy of multilateral and bilateral cooperation with other countries and international organizations in national security protection activities in accordance with Vietnamese laws and international laws; implements the international agreements related to the field of national security protection, which the Socialist Republic of Vietnam has signed or acceded to.

Article 12.- Policy on handling of acts of infringing upon the national security

1. All acts of infringing upon the national security must be severely and promptly dealt with strictly according to law provisions. The instigators, ring-leaders, commanders, die-hard opponents shall be severely punished.

2. Persons who are compelled, deceived, dragged to work for organizations or individuals in activities of infringing upon the national security but make confessions and truthfully report thereon shall be given leniency; if they record merits, they shall be commended and/or rewarded.

3. Foreigners who commit acts of infringing upon Vietnam’s national security outside the Vietnamese territory may be handled according to laws of the Socialist Republic of Vietnam in cases where it is so provided for by international agreements which the Socialist Republic of Vietnam has signed or acceded to.

Article 13.- Prohibited acts

1. Organizing, operating, colluding with, instigating, controlling, inciting, buying off, deceiving or dragging other persons to oppose the people’s administration, to abolish the leadership role of the Communist Party of Vietnam, to divide the country, to disrupt the national unity bloc.

2. Undertaking the tasks of organizations, individuals to conduct activities of infringing upon the national security or participating in, assisting, providing finance, weapons and means for, organizations and/or individuals to conduct activities of infringing upon the national security.

3. Illegally gathering, storing, transporting, trading in, using, disclosing, supplying or distributing information, documents and articles classified as State secrets.

4. Infringing upon important national security targets.

5. Opposing or hindering agencies, organizations and/or individuals from performing the tasks of national security protection.

6. Abusing the performance of national security protection tasks to infringe upon the interests of the State, the legitimate rights and interests of organizations, individuals.

7. Other acts of infringing upon the national security, prescribed in the Penal Code and relevant legal documents.