Luật Phòng, chống khủng bố năm 2013 số 28/2013/QH13

NATIONAL ASSEMBLY -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------
Law No. 28/2013/QH13	Hanoi, June 12, 2013

 

THE ANTI- TERRORISM LAW

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented a number of Articles under the Resolution No. 51/2001/QH10;

The National Assembly promulgates the Anti-Terrorism Law.

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law stipulates the principles, policies, measures and forces of anti-terrorism; international cooperation and responsibilities of agencies, organizations and individuals in anti-terrorism.

Article 2. Subjects of application

This Law applies to Vietnamese citizens, agencies and organizations; international organizations, foreign organizations and foreigners residing or operating in the Vietnamese territory, unless otherwise provided by treaties of which the Socialist Republic of Vietnam is a member.

Article 3. Interpretation of terms

In this Law, the following terms are construed as follows:

1. Terrorism means one, several or all of the following acts committed by organizations or individuals with the aim to oppose the people’s authorities, to compel the people’s authorities, foreign organizations and international organizations, cause difficulties to the international relations of the Socialist Republic of Vietnam or cause panic situation in the public:

a) Infringing upon the lives, health, and body liberty or threatening to infringe upon the lives or intimidating mental of others;

b) Appropriating, damaging, destroying or threatening to destroy assets; attacking, infringing upon, obstructing or causing disorder to, operation of computer networks, telecommunication networks, Internet and digital equipment of agencies, organizations or individuals;

c) Guiding the manufacture, production and use of, or manufacturing, producing, storing, transporting, trading in, weapons, explosives, radioactive materials, poison, inflammables and other instruments and means in serve of committing the acts defined at Point a and Point b, Clause 1 of this Article;

d) Propagating, dragging into, inciting, forcing, hiring, or creating conditions for, or assisting for, the commission of the acts defined at Points a, b and c, Clause 1 of this Article;

dd/ Establishing, participating in the organization, recruitment, training and coaching of objects with the aim to commit the acts defined at Points a, b, c and d, Clause 1 of this Article;

e/ Other acts that are considered terrorism under the anti-terrorism international treaties of which the Socialist Republic of Vietnam is a member.

2. Terrorist financing means act of mobilizing, supporting with money and assets in any form for terrorist organizations and individuals.

3. Anti-terrorism includes activities of terrorism prevention, terrorist financing prevention, terrorism combat and terrorist financing combat.

Article 4. Anti-terrorism principles

1. It is performed under the leadership of the Communist Party of Vietnam, the unified management of the State, and participation of the entire society, in which the force of People’s Public Security shall assume the prime responsibility for, and coordinate with the People’s Army in acting as the core.

2. To comply with the Constitution and law; to ensure the independence, sovereignty, unity and territorial integrity of the Fatherland, the interests of the State, the rights and lawful interests of agencies, organizations and individuals.

3. Prevention is principal; taking the initiative in detecting, preventing timely and handling strictly organizations and individuals acting as terrorist or financing for terrorists.

4. Protecting the safety of human lives and health, assets of agencies, organizations and individuals; minimizing damages.

Article 5. Anti-terrorism policies

1. The State shall condemn and severely punish all acts of terrorism and terrorist financing; use adequately measures to organize anti-terrorism; propagate and mobilize organizations and individuals to participate in anti-terrorism.

2. The State shall adopt policies to mobilize scientific and technological achievements in serve of anti-terrorism activities.

3. The State shall prioritize investment of technical and professional equipment and means and ensure the regimes and policies for forces countering terrorism and terrorist-financing.

4. The State shall apply policies and measures to protect organizations and individuals participating in anti-terrorism. For individuals participating in anti-terrorism who are wounded, suffer health damage or die, they themselves or their relatives will be enjoyed the regimes and policies in accordance with law. Organizations and individuals whose assets are mobilized to serve anti-terrorism and damaged will be paid compensation.

5. Organizations and individuals that record achievements in anti-terrorism are commended in accordance with law on emulation and commendation.

6. The State shall apply leniency policy toward organizations and individuals that proactively abandon their intentions to commit terrorism or finance terrorists; voluntarily terminate their unfinished acts of terrorism or terrorist financing or attempt, before their acts of terrorism or terrorism financing are detected, in preventing, reducing the damage or remedying the consequences, and give themselves up, make honest declarations and reports, actively assist responsible agencies in detecting, preventing, investigating, prosecuting and adjudicating terrorists and terrorist financers.

Article 6. Prohibited acts

1. Acts of terrorism and financing terrorists defined in Clause 1 and Clause 2, Article 3 of this Law.

2. Concealing, harboring or failing to denounce acts of terrorism and financing terrorists.

3. Disclosing state secrets in anti-terrorism.

4. Deliberately spreading false information about terrorism or terrorist financing; obstructing and causing difficulties to anti-terrorism activities.

5. Abusing position and/or power in anti-terrorism to infringe upon the interests of the State or the lawful rights and interests of organizations or individuals.

Article 7. Anti-terrorism responsibilities

1. Anti-terrorism is the duty of agencies, organizations and citizens.

2. Heads of agencies or organizations shall organize the implementation of the anti-terrorism legislation within scope of their duties and powers.

3. International organizations, foreign organizations and foreigners residing, operating in the Vietnamese territory shall participate in anti-terrorism in accordance with this Law and other relevant laws.

Article 8. Responsibilities of Vietnam Fatherland Front and its member organizations

Vietnam Fatherland Front and its member organizations shall, within scope of their tasks and powers, propagate and mobilize people to strictly observe the anti-terrorism legislation; and supervise the implementation of the anti-terrorism legislation.

Article 9. The investigation, prosecution and adjudication of terrorism and terrorist financing crimes

The investigation, prosecution and adjudication of terrorism and terrorist financing crimes shall comply with the Penal Code, the Criminal Procedures Code and other relevant laws.

Article 10. Handling of money and assets involving terrorism and terrorist financing

1. Money and assets involving terrorism and terrorist financing must be suspended circulation, blockaded, sealed, temporarily seized and handled in accordance with law.

2. The Government shall specify the conditions, procedures, competence and forms of circulation suspension, blockade, sealing, temporary seizure and handling of money and assets involving terrorism and terrorist financing.

Article 11. Funds to ensure for anti-terrorism activities

1. Funding sources to ensure for anti-terrorism activities include:

a) State budget;

b) Other lawful funding sources.

2. The management and use of funds to ensure for anti-terrorism activities shall comply with the law.

Chapter 2

ORGANIZATION OF ANTI-TERRORISM OPERATION

Article 12. The anti-terrorism steering committees

1. The Government shall establish the National Anti-Terrorism Steering Committee. Members of the National Anti-Terrorism Steering Committee shall work on a part-time basis.

The Ministry of Public Security shall act as the standing agency of the National Anti- Terrorism Steering Committee and is assisted by a full-time advisory agency.

2. The provincial People’s Committees shall establish the provincial Anti-Terrorism Steering Committees. Members of provincial Anti-Terrorism Steering Committees shall work on a part-time basis.

The provincial Public Security Departments shall act as standing agencies of the provincial Anti-Terrorism Steering Committees and be assisted by advisory units.

3. Based on the assigned tasks and under direction of the Prime Minister, ministers and heads of ministerial-level agencies establish the Anti-Terrorism Steering Committees of their ministries or sectors.

Article 13. The tasks and powers of Anti- Terrorism Steering Committees

1. The National Anti-terrorism Steering Committee shall have the following tasks and powers:

a) To advise the Government and the Prime Minister on organizing and directing anti- terrorism activities nationwide;

b) To assist the Government and the Prime Minister in organizing and carrying out the inter-sector coordination in anti-terrorism mission and international cooperation on anti- terrorism;

c) To assist the Government, the Prime Minister in inspecting, urging and guiding anti-terrorism mission.

2. The provincial Anti-Terrorism Steering Committees shall have the following tasks and powers:

a) To advise the People’s Committees and chairpersons of People’s Committees at the same level on organizing and directing anti-terrorism activities in their localities;

b) To assist the People’s Committees and chairpersons of People’s Committees at the same level in organizing and carrying out the inter-sector coordination in anti-terrorism activities in their localities;

c) To assist the People’s Committees and chairpersons of People’s Committees at the same level in inspecting, urging and guiding anti-terrorism missions.

3. The Anti-terrorism Steering Committees of Ministries or sectors shall assist the Ministers or heads of ministerial-level agencies in organizing and directing anti-­terrorism activities in the fields under their charge and coordinating with other ministries, sectors, localities or agencies in anti-terrorism.

4. The Government shall specify the organization, tasks, powers and coordinative relations of anti-terrorism steering committees at all levels.

Article 14. Anti-terrorism forces

1. The anti-terrorism forces include:

a) Agencies and units under the Ministry of Public Security, the Ministry of National Defense, which are assigned the anti-terrorism task;

b) Other forces mobilized to participate in anti-­terrorism.

2. The Minister of Public Security and the Minister of National Defense shall specify the tasks and powers of agencies and units defined at Point a, Clause 1 of this Article.

Article 15. Anti-terrorism commanders

1. Competent authorities shall decide anti-terrorism commanders.

2. In case competent authorities have not yet decided anti-terrorism commanders, heads of state agencies, people’s armed units, People’s Committees of localities where terrorism occurs have the duty and power to apply the anti-terrorism measures defined in Clause 2, Article 16 of this Law.

3. In case where terrorism occurs on an aircraft or ship that has departed from an airport or a seaport, the commander of such aircraft or ship shall be the anti-terrorism commander.

4. The Government shall specify this Article.

Article 16. Tasks and powers of the anti-terrorism commanders

1. The anti-terrorism commanders defined in Clause 1, Article 15 of this Law shall have the following tasks and powers:

a) To advise on, and propose to competent authorities to decide on necessary anti-­terrorism plans and measures;

b) To act as anti-terrorism commander under decisions on plans and measures of competent authorities;

c) In urgent cases where competent authorities have not yet decided on plans or measures, they shall have duty and power to apply the measures specified in Clause 2, Article 30 of this Law, unless such measures affect political or diplomatic affairs, infringe upon the lives of others or destroy assets with special value.

2. Heads of state agencies, people’s armed units or People’s Committees specified in Clause 2, Article 15 of this Law shall have the duty and power to apply the urgent measures for anti-terrorism defined at Points a, b, c, d, e, h, i and m, Clause 2, Article 30 of this Law, unless such measures may affect political or diplomatic affairs, infringe upon the lives of others or destroy assets with special value.

3. Persons responsible for anti-terrorism command specified in Clause 3, Article 15 of this Law shall have the duty and power to apply measures to prevent and invalidate terrorist acts in accordance with law.

4. Persons specified in Clauses 1, 2 and 3 of this Article shall be responsible before law for their acts and decisions.

Article 17. Equipping and use of weapons, instruments and means for anti-terrorism

1. The anti-terrorism forces are prioritized in equipping of weapons, support tools and technical and professional means for anti-terrorism.

2. Use of weapons, support tools and technical and professional means by anti- terrorism forces shall comply with this Law and other relevant laws.

Article 18. Mobilization of forces and means; compulsory asset purchase and requisition for anti-terrorism

1. When terrorism occurs, competent persons as prescribed by law may mobilize forces and means for anti- terrorism. Agencies, organizations and individuals are obliged to observe when they are mobilized for anti-terrorism.

2. When terrorism occurs, the compulsory asset purchase and requisition for anti-terrorism shall comply with the law on compulsory purchase and requisition of property.

Chapter 3

 TERRORISM PREVENTION

Article 19. Measures for terrorism prevention

Terrorism and terrorist financing are prevented with the measures specified in Articles from 20 thru 27 of this Law, and other measures in accordance with law.

Article 20. Information, propagation and education on anti- terrorism

1. Competent agencies and persons shall provide information, propagation and education on anti- terrorism with the aim to raise the awareness of, the responsibility for, and the effectiveness of anti-terrorism.

2. Contents of information, propagation and education on anti-terrorism include:

a) Risk, development and situation of terrorism; tricks and modes of operation, dangers and harms of terrorism;

b) Measures, experiences, policies and law on anti-terrorism;

c) Responsibilities of agencies, organizations and individuals in anti-terrorism;

d) Other necessary contents in serve of anti-terrorism requirements.

Article 21. Administrative control over security and order

1. Agencies and persons competent to administrative control over security and order shall, through their activities, proactively and promptly detect the causes, conditions, plots, modes, tricks and activities of terrorist organizations and individuals, and apply appropriate handling measures.

2. Measures to prevent terrorism through administrative control over security and order include:

a) Managing residence, police records and identity documents of citizens;

b) Managing weapons, explosives, support tools, flammables, poisons and radioactive substances;

c) Conducting guard and protection of important works relating to national security, national defense works, military zones, offices of diplomatic missions, foreign consulates, and representative agencies of international organizations in the Vietnamese territory;

d) Patrolling, controlling and supervising major objectives in security and order, airports, seaports, railway stations, bus terminals, border gates, border areas, crowded places and other public places;

dd/ Conducting the entry, exit and transit management;

e/ Other measures for administrative control over security and order as provided by law.

Article 22. Control of transport activities

Agencies and persons competent to control of road, railway, waterway, seaway and air transport shall proactively detect, prevent and handle timely acts of misusing these activities for terrorism.

Article 23. Control over money and asset transactions

Agencies and persons competent to control over money and asset transactions shall monitor, supervise and prevent money and asset transactions with signs involving terrorism; and supervise money and asset transactions at the value level required for report in accordance with law aiming to detect timely transactions with signs involving terrorism.

Article 24. Control of vehicles and goods upon import, export, or transit

Agencies and persons competent to control vehicles and goods upon import, export, or transit shall strictly control such vehicles and goods aiming to detect, prevent and handle timely acts of misusing these activities for terrorism.

Article 25. Control of publication, press, post, telecommunications activities and other forms of communication

Agencies and persons competent in publication, press, post, telecommunications activities and other forms of communication shall control, detect, prevent and handle timely acts of misusing these activities for terrorism.

Article 26. Control of activities regarding assurance of food hygiene and safety and medicines for disease prevention and treatment

Agencies and persons competent to control of food and foodstuff hygiene and safety, livestock feeds, fertilizers, medicines for disease prevention and treatment, veterinary drugs, plant protection drugs and swabs shall detect, prevent and handle timely acts of misusing these activities for terrorism.

Article 27. Elaboration and implementation of anti-terrorism plans

1. The Ministry of Public Security, the Ministry of National Defense, concerned ministries and sectors, and People’s Committees at all levels shall, within their assigned scope, formulate, train, drill in, and organize implementation of anti-terrorism plans.

2. Agencies, organizations and units already defined in the approved anti-terrorism plans are responsible for execution.

Chapter 4

ANTI-TERRORISM

Article 28. Terrorism detection

1. Agencies, organizations and individuals shall, through their activities, take initiative in terrorism detection.

2. The anti-terrorism forces defined at Point a, Clause 1, Article 14 of this Law, shall carry out professional and technical measures to detect terrorism; guide and assist agencies, organizations and individuals in identifying terrorism and methods of terrorism detection, report and denouncement.

Article 29. Receipt and handling of the terrorism reports and denunciations

1. Agencies, organizations and individuals, upon detecting terrorist signs or acts, must timely report them to the anti-terrorism forces defined at Point a, Clause 1, Article 14 of this Law or the nearest Public Security agencies, army agencies or People’s Committees. The Public Security agencies, army agencies and People’s Committees shall fully receive the terrorism reports and denunciations.

2. The Public Security agencies, army agencies and People’s Committees, as soon as receiving terrorism reports and denunciations as prescribed in Clause 1 of this Article or detecting, through their activities terrorist signs or acts, must timely report them to the anti-terrorism forces defined at Point a, Clause 1, Article 14 of this Law, keep secrets of providers’ information; in case of detecting that terrorism has happened, is happening or having grounds to assume that it will happen, they may immediately apply the urgent anti-terrorism measures as prescribed in Clause 2, Article 16 of this Law.

3. The anti-terrorism forces specified at Point a Clause 1 Article 14 of this Law, upon receiving the terrorism reports and denunciations, must timely process information and report them to competent authorities and competent Anti-Terrorism Steering Committees; in case of detecting that terrorism has happened, is happening or having grounds to assume that it will happen, they may apply the urgent anti-terrorism measures as prescribed in Clause 2, Article 16 of this Law.

4. When terrorism happens, the Anti- Terrorism Steering Committee must report it to the superior Anti-Terrorism Steering Committee; and anti-terrorism units must report it to the anti-terrorism units at their directly higher level.

Article 30. Anti-terrorism measures

1. Anti- terrorism is carried out with measures as prescribed in this Law and the law on protecting national security and keeping social order and safety.

2. Urgent anti-terrorism measures are those applied as soon as terrorism has happened or is happening or when there are grounds to assume that terrorism will happen, so as to timely prevent terrorism, and eliminate or limit harms caused by terrorism. Urgent anti-terrorism measures include:

a) Encircling and blockading the zone happening terrorism;

b) Rescuing hostages, giving first aid to victims, isolating people, removing vehicles and assets out of the dangerous terrorist zone;

c) Negotiating with terrorists;

d) Encircling, tracing, controlling and arresting terrorists; invalidating weapons, instruments and means used for terrorism;

dd) Attacking and annihilating terrorists, destroying weapons, instruments and means used for terrorism;

e) Temporarily stopping means of transport and means of information and communications which are misused for terrorism;

g) Dismantling houses and construction works, removing obstacles for anti-terrorism activities; placing obstacles to obstruct terrorist activities;

h) Protecting, moving, hiding and camouflaging the works and targets subject to terrorists’ attack;

i) Mobilizing forces and means for anti-terrorism;

k) Checking and blockading accounts or financial sources; stopping transactions in money and assets; temporarily seizing money and assets involving terrorism;

l) Opening, checking and seizing mails, telegraphs, postal matters, postal parcels and goods packages or bales involving terrorism;

m) Collecting documents and evidence involving terrorism.

3. The Government shall specify the competence, conditions, order of and procedures for application of the urgent anti-terrorism measures specified in Clause 2 of this Article.

Article 31. Anti-terrorism at offices of foreign diplomatic missions and consulates, and representative offices of international organizations, and residences of members of these agencies

1. When there are grounds to assume that terrorism has happened or will happen at offices of foreign diplomatic missions or consulates, representative offices of international organizations and residences of members of these agencies in the Vietnamese territory, the relevant agencies, organizations and individuals or persons who know this incident must timely report it to the anti-terrorism forces specified at Point a Clause 1 Article 14 of this Law or the nearest Public Security agencies, army agencies or People’s Committees. The Public Security agencies, army agencies or People’s Committees that receive terrorism reports or denunciations shall receive and process them as prescribed in Article 29 of this Law.

2. When conducting anti-terrorism in the offices of foreign diplomatic missions or consulates, representative offices of international organizations as well as residences of members of these agencies, Vietnamese agencies, organizations and individuals must comply with this Law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 32. Anti-terrorism in respect to the overseas Vietnamese agencies, organizations and citizens

When there are grounds to assume that terrorism has happened or will happen against the overseas Vietnamese agencies, organizations or citizens, heads of overseas representative missions of the Socialist Republic of Vietnam must immediately apply necessary measures under their competence and in accordance with international law and laws of the host countries and timely report them to the Ministry of Foreign Affairs and the National Anti-Terrorism Steering Committee.

Chapter 5

COMBAT AGAINST TERRORIST FINANCING

Article 33. Detection of terrorist financing, receipt and handling of reports and denunciations on terrorist financing

1. The State Bank, financial institutions, relevant organizations and individuals trading in non-financial lines and other organizations and individuals, upon detecting signs or acts of terrorist financing, must timely report them to the anti-terrorism forces defined at Point a Clause 1 Article 14 of this Law.

2. The anti-terrorism forces defined at Point a Clause 1 Article 14 of this Law shall fully receive reports and denunciations on terrorist financing, fast process the information and report them to competent authorities and competent Anti-Terrorism Steering Committees; in case of detecting that terrorist financing has happened or having grounds to assume that terrorist financing will happen, they may immediately apply the urgent anti-terrorism measures specified at Points e, i, k, l and m Clause 2 Article 30 of this Law.

Article 34. Identification of, update of customers’ information and application of temporary measures

Financial organizations, organizations and individuals trading in non-financial lines are obliged to apply measures to identify and update customers’ information; upon having doubts that customers or their transactions involve terrorist financing or customers are in the black list, they report such to the anti-terrorism force of the Ministry of Public Security and functional unit of the State Bank of Vietnam, and must apply temporary measures in accordance with law on prevention and combat of money laundering.

Article 35. Control of transporting cash, precious metals, gems and negotiable instruments across boundaries

Organizations and individuals competent to control of transporting cash, precious metals, gems and negotiable instruments across Vietnamese boundaries as prescribed in Article 24 of this Law and Article 24 of the Law on prevention and combat of money laundering shall timely detect, prevent and handle acts of misusing these activities to finance terrorists.

Chapter 6

INTERNATIONAL COOPERATION ON ANTI-TERRORISM

Article 36. Principles of International cooperation

The Socialist Republic of Vietnam State implements international cooperation in the anti-terrorism field on the basis of compliance with Vietnamese law and treaties on anti-terrorism to which the Socialist Republic of Vietnam is a contracting party; respects the principal principles of international law; ensures independence, sovereignty, unity and territorial integrity of the Fatherland; protects the interests of the State, and the rights and legitimate interests of organizations and individuals.

Article 37. International cooperation contents and responsibilities

1. International cooperation contents include:

a) Exchange of anti- terrorism information;

b) Coaching and drill of anti-terrorism;

c) Raising legal capacity; training knowledge and skills in anti-terrorism;

d) Enhancement of material conditions for anti-terrorism;

dd) Settlement of terrorist cases;

e) Conducting other international cooperation contents in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with relevant ministries and sectors in, assisting the Government in negotiating and proposing the conclusion of or accession to treaties involving anti-terrorism; assume the prime responsibility for, and coordinate with relevant ministries and sectors in, international cooperation on anti-terrorism.

Article 38. International cooperation on terrorist settlement

International cooperation on terrorist settlement is implemented in principles specified in Article 4 and Article 36 of this Law and the treaties to which the Socialist Republic of Vietnam is a contracting party. In case the Socialist Republic of Vietnam and relevant countries do not accede to the same multilateral treaty or have not yet concluded any bilateral treaty, competent Vietnamese agencies may implement international cooperation for terrorist settlement in the principles specified in Article 4 and Article 36 of this Law, in conformity with their demands and practical capability.

Chapter 7

RESPONSIBILITIES OF STATE AGENCIES IN ANTI-TERRORISM

Article 39. State management agencies of anti-terrorism

1. The Government shall perform the unified state management of anti-terrorism.

2. The Ministry of Public Security takes responsibility before the Government for assuming the prime responsibility for, and coordinating with the Ministry of National Defense and relevant ministries and sectors in, performing the state management of anti-terrorism.

3. The People’s Committees at all levels shall, within their tasks and powers, perform the state management of anti-terrorism in their localities.

Article 40. Responsibilities of the Ministry of Public Security

1. In the state management of anti-terrorism, the Ministry of Public Security has the following responsibilities:

a) To propose to the Government about elaboration and improvement of the anti-terrorism law;

b) To assume the prime responsibility for, and coordinate in, elaborating and submitting to competent agencies for promulgation, or promulgate under its competence legal documents, strategies, programs, plans, schemes and measures for anti-terrorism;

c) To assume the prime responsibility for, and coordinate with relevant ministries and sectors, and guide the provincial People’s Committees, in organizing implementation of legal documents, strategies, programs, plans, schemes and measures for anti-terrorism;

d) To assume the prime responsibility for, and coordinate with the Ministry of National Defense and relevant ministries and organizations in, promulgating and organizing implementation of regulations on training and retraining officers in charge of anti-terrorism affairs;

dd) To assume the prime responsibility for, and coordinate with relevant agencies and organizations in, implementing the regime of report and final review about anti-terrorism affairs; to provide opinions and proposals on anti-terrorism solutions;

e) To inspect, examine and settle complaints and denunciations in anti-terrorism;

g) To perform international cooperation on anti-terrorism as provided in Clause 2, Article 37 of this Law.

2. In organizing and implementing anti-terrorism affairs, the Ministry of Public Security has the following responsibilities:

a) To assign and supply equipment for anti-terrorism forces of the People’s Public Security;

b) To assume the prime responsibility for, and coordinate with relevant ministries, sectors, agencies and organizations in, directing and organizing anti-terrorism affairs nationwide as prescribed in Chapters 3, 4 and 5 of this Law; to coordinate with the Ministry of National Defense in directing and organizing implementation of anti-terrorism at targets and in localities under its management;

c) To direct agencies and units under its competence to perform tasks and powers as prescribed in Chapters 3, 4 and 5 of this Law; to detect, investigate and handle terrorist or terrorist-financing organizations and individuals in accordance with law;

d) To perform other tasks in accordance with this Law and other relevant laws.

Article 41. Responsibilities of the Ministry of National Defense

1. To coordinate with the Ministry of Public Security in implementing tasks specified at Points c, d Clause 1 and Point b Clause 2, Article 40 of this Law.

2. To assume the prime responsibility for, and coordinate with the Ministry of Public Security, relevant agencies and organizations in conducting anti- terrorism at targets and in localities under its management

3. To assign, supply equipment for, and direct the operation of, anti-terrorism forces of the Ministry of National Defense.

4. To direct agencies and units under its competence to coordinate with People’s Public Security agencies and units in elaboration, coaching, drill in and organization of implementation of anti-terrorism plans.

5. To direct the border guard to coordinate with People’s Public Security agencies and units, customs offices and other agencies and units in applying anti-terrorism measures through the control of people on exit, entry and transit at the border gates under charge of the border guard.

6. To coordinate with the Ministry of Public Security and the Ministry of Foreign Affairs in international cooperation on anti-terrorism under its competence.

Article 42. Responsibilities of the Ministry of Foreign Affairs

1. To organize, within its tasks and powers, anti-terrorism activities in accordance with this Law and other relevant laws.

2. To direct agencies and units under its management to be ready to participate in anti-terrorism according to mobilization decisions issued by competent persons.

3. To direct the heads of overseas representative missions of the Socialist Republic of Vietnam to coordinate with functional authorities of the host countries in anti-terrorism.

4. To coordinate with the Ministry of Public Security in elaborating and coaching, organizing drills of anti-terrorism schemes.

5. To coordinate with the Ministry of Public Security, the Ministry of National Defense and localities, where the offices of foreign diplomatic missions and consultants and representative offices of international organizations in Vietnam are located, in elaborating security schemes and plans to respond to circumstances upon happening terrorism.

6. To coordinate with functional agencies in safely protecting for foreign delegations on working visits to Vietnam. To coordinate with relevant agencies and localities in managing and guiding press activities of foreign reporters when terrorism happens.

7. To coordinate with Vietnam-based diplomatic missions and consulates of countries where exist high risks of terrorism in exchanging information on, and suggesting measures to prevent, elaborate, coach, hold drills of anti-terrorism circumstances.

8. To coordinate with the Ministry of Public Security, relevant ministries and sectors in, international cooperation on anti-terrorism, joining in negotiation, concluding, acceding to, and implementing treaties and international agreements on anti-terrorism.

Article 43. Responsibilities of the Ministry of Transport

1. To organize within its tasks and powers anti-terrorism activities in accordance with this Law and other relevant laws.

2. To direct agencies and units under its management to be ready to participate in anti-terrorism according to mobilization decisions of competent persons.

3. To coordinate with the Ministry of Public Security, the Ministry of National Defense, relevant ministries and sectors and local People’s Committees in elaborating, coaching, organizing the training and drills in, the implementation of, plans to prevent and combat aircraft or ship hijacks, hostage kidnappings, explosions on aircraft, ships, trains and other public traffic means, safely protecting airports, ports, railway stations and car terminals.

4. To coordinate with the Ministry of Public Security, the Ministry of National Defense and local People’s Committees in protecting security and order at important airports, railway stations, wharves, bus terminals, seaports, bridges and road tunnels; to control operators of means of transport, passengers and means of transport themselves so as to detect, stop and handle terrorist activities.

Article 44. Responsibilities of the Ministry of Finance

1. To organize within its tasks and powers anti-terrorism activities in accordance with this Law and other relevant laws.

2. To direct agencies and units under its management to be readily participate in terrorism prevention and combat under mobilization decisions of competent persons.

3. To direct customs offices to coordinate with People’s Public Security and border-guard units, as well as other relevant agencies in, applying anti-terrorism measures in control of goods and means imported, exported and transited.

Article 45. Responsibilities of the State Bank of Vietnam

1. To organize within its tasks and powers anti-terrorism activities in accordance with this Law and other relevant laws.

2. To direct agencies and units under its management to be ready to participate in anti-terrorism according to mobilization decisions of competent persons.

3. To receive information and reports on doubtful transactions involving terrorism or terrorist financing from financial institutions and organizations or individuals trading in non-financial lines; upon having grounds to doubt that transactions involve terrorism or terrorist financing, to timely report them to the anti-terrorism forces of the Ministry of Public Security and coordinate in the verification thereof.

4. To coordinate with the Ministry of Public Security in international cooperation on anti-terrorism.

Article 46. Responsibilities of the Ministry of Information and Communications

1. To organize within its tasks and powers anti-terrorism activities in accordance with this Law and other relevant laws.

2. To direct agencies and units under its management to be ready to participate in anti-terrorism according to mobilization decisions issued by competent persons.

3. To direct publishing, press, post, telecommunications, information technology agencies and enterprises to conduct the following activities:

a) To organize assurance of information safety and security for anti-terrorism activities;

b) To coordinate with public security and army units in elaborating and applying measures for anti-terrorism at publishing, press, post, telecommunications, information technology establishments and communications networks; control publishing, press, postal, telecommunications and information technology activities so as to detect and handle acts of misusing those activities for terrorism or terrorist financing;

c) To manage provision of terrorism reports in the mass media; to propagate, educate, raise awareness of anti-terrorism for officers and people; to combat against information and communication activities of terrorist organizations and individuals.

Article 47. Responsibilities of relevant ministries and sectors in anti-terrorism

1. To organize within their tasks and powers anti-terrorism activities in accordance with this Law and other relevant laws.

2. To coordinate with the Ministry of Public Security in performing the state management of anti-terrorism within their tasks and powers.

3. To direct agencies and units under their management to be ready to participate in anti-terrorism according to mobilization decisions issued by competent persons.

Article 48. Responsibilities of People’s Procuracies and People’s Courts

The People’s Procuracies and People’s Courts shall, within their tasks and powers, timely handle criminal acts of terrorism and terrorist financing; and coordinate with relevant agencies and organizations in anti-terrorism in accordance with law.

Article 49. Responsibilities of People’s Committees at all levels

1. To perform within their tasks and powers the state management of anti-terrorism in localities; to organize anti-terrorism activities in accordance with this Law and other relevant laws.

2. To coordinate with Vietnam Fatherland Front and socio-political organizations of the same level in building up the movement of all people protecting the security of the fatherland and participating in anti-terrorism operation.

3. To direct local people’s armed forces and functional agencies to elaborate, carry out anti- terrorism activities in localities.

4. To submit to competent authorities for decision on budget in serve of anti-terrorism affairs; to organize management and use of budget in serve of anti-terrorism in accordance with the Law on State Budget.

Chapter 8

IMPLEMENTATION PROVISIONS

Article 50. Effect

This Law takes effect on October 01, 2013.

Article 51. Detailing and guiding implementation

The Government shall detail and guide implementation of articles and clauses in this Law as assigned.

This Law was passed on June 12, 2013, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 5th session.-

 

CHAIRMAN OF THE NATIONAL ASSEMBLY Nguyen Sinh Hung