Chương 3 Luật an ninh quốc gia 2004: Cơ quan chuyên trách bảo vệ an ninh quốc gia

Chapter III

NATIONAL SECURITY PROTECTION AGENCIES

Article 22.- National security protection agencies

1. The national security protection agencies include:

a) The directing and commanding agencies and security, intelligence or guard units of the People’s Police;

b) The directing and commanding agencies and army security protection, army intelligence units of the People’s Army;

c) The border guards, the coast guards are agencies specialized in protection of national security in land border and sea border regions.

2. The organizational apparatuses, tasks, specific powers, operational responsibility scopes and coordinative relationship of the agencies defined in Clause 1 of this Article shall be prescribed by law.

Article 23.- Tasks of national security protection specialized agencies

1. The national security protection agencies shall perform the tasks prescribed in Article 14 of this Law.

2. The specific tasks of the national security protection agencies:

a) To organize the gathering of information, analyze, assess and forecast the situation and propose national security protection policies, solutions and plans;

b) To guide and inspect agencies, organizations and individuals in exercising the rights and performing the obligations and responsibility to protect the national security, protecting the State secrets, building safe agencies and units, building the national security protection movement;

c) To organize and direct the prevention, detection and stoppage of, struggle against, activities of infringing upon the national security;

d) To research into, and apply sciences and technologies to, the work of national security protection;

e) To effect cooperation with countries, international organizations under international treaties which the Socialist Republic of Vietnam has signed or acceded to in prevention and fight against activities of infringing upon the national security.

Article 24.- Powers and responsibilities of national security protection agencies

1. The national security protection agencies shall have the powers:

a) To resort to professional measures according to law provisions;

b) To request agencies, organizations and/or individuals to supply information, documents and/or things when there are grounds to determine that they are involved in activities of infringing upon the national security;

c) To request finance bodies or organizations, treasuries, banks to inspect and block accounts and/or financial sources related to activities of infringing upon the national security;

d) To request post, telecommunications agencies or organizations, customs offices to open or hand over mails, telegraphs, postal matters, parcels, commodities for inspection when there are grounds to determine that they contain information, documents, explosives, weapons or other articles harmful to national security;

e) To check traffic means, communications means, computers, computer networks, objects, documents, commodities, residences, working places or other establishments of agencies, organizations or individuals when there are grounds to determine that they are related to activities of infringing upon the national security;

f) To requisition according to law provisions communications means, traffic means or other means and the users or operators thereof in emergency cases for the performance of national security protection tasks or the stoppage of consequences harmful to the society, which are occurring or threaten to occur;

g) To suspend or stop the use of communications means or other activities in the Vietnamese territory when there are grounds to determine that such activities cause harms to the national security; to demand the cessation of transportation by Vietnamese traffic means or foreign traffic means in the Vietnamese territory in order to protect the national security and ensure safety for such means;

h) To apply necessary measures to protect collaborators, denouncers, witnesses, victims in cases of infringing upon the national security.

2. The heads of the national security protection agencies shall decide on the resort to powers prescribed in Clause 1 of this Article according to the Government-prescribed order and procedures and bear responsibility before law for their decisions.

3. The national security protection agencies shall have the responsibility:

a) To carry out activities to protect the national security within the scope of their respective functions, tasks and powers as provided for by law;

b) To abide by law provisions on protection of the interests of the State, the legitimate rights and interests of organizations and individuals; in cases where those rights and interests must be restricted due to national security protection requirements, such must be decided by competent persons;

c) To keep secret the assistance rendered by agencies, organizations or individuals to the work of national security protection.

Article 25.- Powers and responsibilities of national security protection officers

1. National security protection officers, while performing their tasks, shall have the powers:

a) To exercise the rights prescribed in Clause 1, Article 24 of this Law under decisions of competent persons of national security protection agencies;

b) To keep secret personal identities, backgrounds, tasks and working means;

c) To be exempt from customs procedures for documents, professional means carried along upon their entries, exits across borders, border-gates;

d) To produce security identity cards in case of necessity in order to request agencies, organizations or individuals to render assistance.

2. The Government shall specify the order, procedures and competence for implementation of the provisions of Clause 1 of this Article.

3. The national security protection officers have the responsibility to strictly observe the State’s laws, the professional rules and disciplines of the people’s armed forces and bear responsibility before law for their doings.

Article 26.- Equipping weapons, professional technical means, support tools to, and using them by, officers and men of national security protection agencies

Officers and men of the national security protection agencies are equipped with, and entitled to use, weapons, professional technical means, support tools to perform the national security protection tasks according to law provisions.

Article 27.- Regime of managing national security protection information, documents and things

1. Information, documents and objects related to national security protection agencies or gathered by such agencies are classified as State secrets and managed according to law provisions on protection of State secrets.

2. Information, documents and objects prescribed in Clause 1 of this Article, which are of historical, scientific and technological values and have been publicized under law provisions can be transferred to State archival agencies for management.

Article 28.- Regimes and policies towards officers and men of national security protection agencies

Officers and men of the national security protection agencies are recruited, fostered, trained, conferred ranks, promoted to ranks of the people’s armed forces and enjoy the preferential regimes and policies according to law provisions.