Chương III Luật Quốc phòng 2018: Tình trạng chiến tranh, tình trạng khẩn cấp về quốc phòng, thiết quân luật, giới nghiêm

Chapter III

STATE OF WAR, STATE OF NATIONAL DEFENCE EMERGENCY, MARTIAL LAW AND CURFEW

Article 17. Declaration, announcement and abolishment of the state of war

1. When the nation is invaded, the National Assembly shall make a decision on state of war.

When the act of aggression is terminated in reality, the National Assembly decides to abolish the state of war.

2. In cases where the National Assembly is unable to convene a meeting, the National Assembly Standing Committee shall decide whether the state of war is declared and report to the National Assembly to seek its decision in its nearest session.

3. Pursuant to the Resolution of the National Assembly or the National Assembly Standing Committee, the State President shall declare and abolish the decision on declaration of state of war.

Article 18. Promulgation, announcement and abolishment of the state of national defence emergency

1. When a defense emergency occurs, the National Assembly Standing Committee shall decide to declare the state of national defense emergency throughout the nation or in each locality upon the request of the Prime Minister.

When a defense emergency no longer exists, the National Assembly Standing Committee shall decide to abolish the state of national defense emergency upon the request of the Prime Minister.

2. Pursuant to the Resolution of the National Assembly Standing Committee, the State President shall issue the decision on promulgation and abolishment of the state of national defence emergency throughout the nation and in each locality.

In cases where the National Assembly Standing Committee fails to convene a meeting, the State President shall promulgate and abolish the state of national defense emergency throughout the nation or in each locality upon the request of the Prime Minister.

3. The Government shall regulate enforcement of the decision on promulgation, announcement and abolishment of the state of national defence emergency.

Article 19. General mobilization and local mobilization

1. When there is a decision to declare the state of war or to declare a state of national defense emergency, the National Assembly Standing Committee shall consider and decide the general mobilization or local mobilization.

2. Based on the resolution of the National Assembly Standing Committee, the State President shall issue the order for general or local mobilization.

3. The general mobilization order shall be promulgated nationwide; carry out the entire defense defense plan; shift from the socio-economic activities of the nation to assurance of implementing the combat missions, meeting combat demands and satisfying defense needs in the state of war.

When performing the general mobilization order, the People's Army and the militia and self-defense force shall be shifted to a state of readiness to fight and expand the militia and self-defense force as prescribed by the Minister of National Defense, shall be provided with logistic and technical equipment; meanwhile, the people's army shall be provided with more reserve military personnel.

4. The local mobilization order shall be promulgated in one or several localities and applied to concerned agencies, organizations and individuals for the implementation of national defense mobilization plans; shift from the socio-economic activities of the locality subject to mobilization to assurance of implementation of the combat missions, readiness to fight and national defense needs.

When executing the local mobilization order, the Minister of National Defence shall command several units of the People's Army and the militia and self-defense force to shift to the proper state of readiness to fight and provide logistic and technical equipment and reserve military personnel for several units of the People’s Army, and explain the militia and self-defence force at localities receiving the local mobilization order.

5. When there is neither the state of war nor the state of national defense emergency, the National Assembly Standing Committee shall decide whether the general mobilization or local mobilization is abolished.

6. Based on the resolution of the National Assembly Standing Committee, the State President shall issue the order for the general or local mobilization.

Article 20. Powers of the Minister of National Defence in the state of war and state of national defence emergency

1. Pursuant to the decision to declare the state of war or the decision on the proclamation of the state of national defense emergency, the general or local mobilization order, the Minister of National Defense may issue special orders to ensure implementation of combat missions at combat zones.

2. The heads of local authorities, agencies and organizations where hostilities occur must obey the special orders of the Minister of National Defense.

Article 21. Martial law

1. Martial law is a definite-term special state management measure implemented by the Army.

2. When the political security, social order and safety in one or several localities are so seriously violated that their competent authorities have no longer taken control of the situation, the State President shall issue the martial law order upon the request of the Government.

3. The martial law order must specify the province, district, commune level, special administrative-economic unit subject to the martial law, measures and effect; define the tasks and powers of agencies, organizations and individuals; set the social order rules that are necessary in the locality subject to the martial law, and are regularly published on the mass media.

4. Pursuant to the State President's order on martial law, the Prime Minister's decision on the implementation of the martial law order, the Minister of National Defense shall direct and command affiliated units of the People's Army and the Militia and self-defence force assigned tasks in the locality subject to the martial law to implement measures to enforce the martial law order in accordance with law.

5. During the time of martial law, the state management exercised at the locality subject to the martial law shall be assigned to military units. The commanders of military units assigned to manage the locality subject to the martial law may order the application of special measures prescribed in Clause 6 of this Article and other necessary measures to execute martial law orders, and bear the responsibility for the application of such measures. The commander of the military unit authorized to manage the provincial-level locality subject to the martial law shall be entitled to purchase and requisition any property. Purchase and requisitioning of property shall be subject to provisions set forth in the Law on Purchase and Requisitioning of Property.

6. Special measures applied during the time of martial law shall include:

a) Prohibition or restriction of movement of people and vehicles; suspension or restriction of activities at public places;

b) Ban on all forms of public protests, such as strikes, demonstrations or riots of workers, vendors or students, etc., and protest rallies;

c) Arrest of individuals and organizations causing harms to national defence and security, and compulsion of them to leave or forbidding them from leaving their residence or any specified place;

d) Mobilization of people and vehicles of any entity, organization or person;

dd) Imposition of measures for special management of weapons, explosive materials, military equipment, flammable substances, toxins and radioactive substances; strict control of information technology infrastructure, communications equipment, activities of news agencies, publishers, print and copy shops, and information collection and use.

7. All activities of the locality subject to the martial law must comply with martial law orders and special measures.

8. Criminal proceedings occurring in a locality during the execution of martial law order shall be subject to the provisions of the Criminal Procedure Code.

9. When the political security, social order and safety in the locality subject to the martial law are restored to the previous normal state, the State President shall issue the order for abolishment of the martial law order upon the request of the Government.

10. The Government shall regulate duties and powers of the commanders of military units, agencies, organizations and localities regarding the implementation of the martial law and the order for abolishment of the martial law.

Article 22. Curfew

1. Curfew is a measure to prohibit or restrict people and means of transport from travelling or moving at certain specific hours in certain areas, unless otherwise permitted by the person mandated to organize the implementation of a curfew.

2. A curfew shall be promulgated in the event that the situation of political security, social order and safety in one or a number of localities is complicated and threatens to cause serious instability and is published continuously on the mass media.

3. Authority to issue the curfew order shall be regulated as follows:

a) The Prime Minister shall be accorded authority to issue the curfew order in one or a number of provincial-level localities;

b) The provincial-level People’s Committee shall be accorded authority to issue the curfew order in one or a number of district-level localities;

c) The district-level People’s Committee shall be accorded authority to issue the curfew order in one or a number of commune-level localities;

d) The People’s Committee of the special administrative – economic unit shall be accorded authority to issue the curfew order in one or a number of areas within its jurisdiction.

4. The curfew order must define the followings:

a) Curfew zones;

b) In-charge unit and duties to execute the curfew order;

c) Effective period from commencement to termination of a curfew which shall not exceed 24 hours; Upon expiry of a curfew order, if it is necessary to continue, a new curfew order shall be issued;

d) Tasks and powers of agencies, organizations and individuals in curfew zones;

dd) Necessary social order rules to be observed at curfew zones.

5. Measures applied during the effective period of a curfew shall include:

a) Prohibition of large crowds;

b) Ban on travelling of people, movement of vehicles at certain specific time and in specified areas;

c) Suspension or restriction of activities at public places at certain specified time;

d) Installation of sentry boxes for watchstanding and control of a curfew zone, inspection of items, luggage, vehicles and travel documents of passengers across these boxes;

dd) Prompt arrest and handling of persons and means that violate the curfew order and other provisions of law.

6. The Government shall regulate the order in which a curfew is promulgated; responsibilities and powers of the concerned agencies, organizations, localities in execution of the curfew order.