Chương VII Luật Phòng, chống khủng bố năm 2013: Trách nhiệm của cơ quan nhà nước trong phòng, chống khủng bố

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.