Chương II Luật Phòng, chống khủng bố năm 2013: Tổ chức hoạt động phòng, chống khủng bố

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.