Chapter VI
STATE OF WAR, STATE OF DEFENSE EMERGENCY
Article 29.- Declaring a state of war
1. When the country is invaded, the National Assembly shall consider and decide to declare a state of war; and to assign the Defense and Security Council special tasks and powers.
2. In cases where the National Assembly cannot meet, the National Assembly Standing Committee shall decide on the declaration of a state of war and report it to the National Assembly for consideration and decision at its nearest meeting.
3. Based on the resolution of the National Assembly or the National Assembly Standing Committee, the State President shall promulgate a decision on the declaration of a state of war.
Article 30.- General mobilization, local mobilization
1. Upon deciding to declare a state of war or to proclaim a state of defense emergency, the National Assembly Standing Committee shall consider and decide on general mobilization or local mobilization.
2. Based on the resolution of the National Assembly Standing Committee, the State President shall issue an order on general mobilization or local mobilization.
3. The general mobilization order shall be proclaimed nationwide; the defense mobilization plan shall be fully realized; social activities and the national economy shall shift to fulfill the tasks of combat and combat services and meet the war-time defense demands; and the army shall be placed in the state of combat readiness to be stipulated by the Minister of Defense and be reinforced with reserve armymen and technical means.
4. The local mobilization order shall be proclaimed in one or a number of localities and applied to agencies, organizations and relevant individuals for realization of defense mobilization plans; social activities and the economy of the localities subject to mobilization shall shift to fulfill the tasks of combat and combat readiness and meet the defense demands; the army shall be placed in the state of combat readiness to be stipulated by the Minister of Defense; and a section of the regular army shall be reinforced with reserve army men and technical means.
Article 31.- Proclaimation of a state of defense emergency
1. Upon the occurrence of a defense emergency state, the National Assembly Standing Committee shall consider and decide on the proclaimation of a state of defense emergency nationwide or in each locality.
2. Based on the resolution of the National Assembly Standing Committee, the State President shall promulgate a decision on the proclaimation of a state of defense emergency nationwide or in a specific locality; where the National Assembly Standing Committee cannot meet, the State President shall proclaim a state of defense emergency nationwide or in a specific locality.
Article 32.- Placing under martial law
1. When the political security, social order and safety in one or a number of localities are threatened so seriously that the local administration(s) cannot control the situation, the State President shall issue an order to place such locality(ies) under martial law at the proposal of the Government.
2. A martial law placement order must specifically identify the areas to be placed under martial law, enforcement measures and effect; specify the performance of civil obligations, the application of necessary regulations on social order in the target locality(ies) and shall be continuously announced on the mass media.
3. During the martial law time, the state management in the areas placed under martial law shall be assigned to the army. The commanders of the army units assigned to manage the areas placed under martial law shall have the power to order the application of necessary measures for the enforcement of a martial law placement order and be responsible for the application of those measures.
4. Based on the State President's order on martial law application, the Prime Minister's decisions, directives on the enforcement of martial law placement orders, the Minister of Defense shall have to direct and command the army units assigned to operate in the localities placed under martial law to strictly comply with the provisions of law.
5. The adjudication of offenses committed in the localities during the martial law period shall be undertaken by military courts.
6. At the proposal of the Prime Minister, the State President shall issue an order to annul the order on martial law placement when the political security and social order and safety in the areas placed under martial law have been restored.
Article 33.- Curfew
1. A curfew order shall be proclaimed in cases where the political security as well as social order and safety in one or a number of localities develop in a complicated manner, threatening to cause serious instability.
2. A curfew order must clearly identify the curfew area, the curfew starting and ending time, the regulations to be observed by agencies, organizations and individuals in the curfew area.
3. A curfew order shall take effect for a period of not more than 24 hours. In the curfew duration, only travel shall be restricted; all other legitimate rights of citizens shall be protected by law.
4. The competence to proclaim a curfew order is stipulated as follows:
a) The Prime Minister shall proclaim a curfew order in one or a number of provinces or centrally-run cities;
b) The provincial/municipal People's Committees shall proclaim a curfew order in one or a number of rural districts, urban districts, towns and cities of provinces or centrally run cities;
c) The People's Committees of rural districts, urban districts, provincial capitals or towns shall proclaim a curfew order in one or a number of communes, wards, townships under rural districts, urban districts, provincial capitals or towns.
Article 34.- Tasks and powers of the Defense and Security Council in a state of war or a state of defense emergency
1. To decide on mobilization of all forces and capabilities of the country for the defense of the Fatherland.
2. To decide on military measures and mobilization of people's armed forces.
3. To decide on measures to maintain the political security, social order and safety in service of national defense.
4. To direct judicial and diplomatic activities during war time.
5. To perform other special tasks and powers when assigned by the National Assembly.
Article 35.- Powers of the Minister of Defense in a state of war or a state of defense emergency
Based on the decision to declare a state of war or the decision to proclaim the a state of defense emergency, the order on general mobilization or local mobilization, the Minister of Defense shall have the power to issue special orders to fulfill the combat tasks in the fighting areas. The heads of local administrations, agencies or organizations in the fighting areas must obey such orders.
Article 36.- Annulment of orders on declaration of a state of war or a state of defense emergency; of orders on general mobilization or local mobilization
1. When a state of war or a state of defense emergency no longer exists, the National Assembly or the National Assembly Standing Committee shall decide to cancel the state of war or the state of defense emergency, the general mobilization or the local mobilization.
2. Based on the resolution of the National Assembly or the National Assembly Standing Committee, the State President shall issue orders to annul the promulgated orders.
Tìm kiếm
Luật Quốc phòng 2005 (Bản Word)