Nghị định số 61/2021/NĐ-CP của Chính phủ: Quy định chi tiết một số điều Nghị quyết số 130/2020/QH14 của Quốc hội về tham gia lực lượng gìn giữ hòa bình của Liên hợp quốc

DECREE

ELABORATING TO RESOLUTION NO. 130/2020/QH14 OF NATIONAL ASSEMBLY ON PARTICIPATION TO PEACEKEEPING FORCE OF UNITED NATIONS

Pursuant to Law on Governmental Organization dated June 19, 2015; Law on amendments to Law on Government Organization and Law on Local Governmental Organization dated November 22, 2019;

Pursuant to Resolution No. 130/2020/QH14 dated November 13, 2020 of National Assembly on participation to peacekeeping force of United Nations;

At request of Minister of National Defense;

The Government promulgates Decree on elaborating to Resolution No. 130/2020/QH14 dated November 13, 2020 of National Assembly on participation to peacekeeping force of United Nation

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates to Clause 4 Article 9, Clause 4 Article 10, Clause 4 Article 12, and Clause 4 Article 13 of Resolution No. 130/2020/QH14 dated November 13, 2020 of the National Assembly on participation to peacekeeping force of United Nation (hereinafter referred to as “Resolution No. 130/2020/QH14”) regarding tasks and powers of commanding officers of Vietnam forces in peacekeeping force of United Nations; color and signature of equipment and vehicles used for training and mission deployment; procedures for submitting reports to the Government regarding assignment, revision, and withdrawal of peacekeeping force of United Nations.

Article 2. Regulated entities

1. Officers, professional servicemen, non-commissioned officers, soldiers and entities affiliated to Ministry of National Defense; officers and non-commissioned officers specialized in technical affairs, soldiers and entities affiliated to Ministry of Public Security assigned to participate in peacekeeping force of United Nations.

2. Agencies, organizations, and individuals relating to participation to peacekeeping force of United Nations.

Chapter II

TASKS AND POWERS OF COMMANDING OFFIERS OF VIETNAM FORCES

Article 3. Tasks and powers in implementing agreement between Vietnam and United Nations

1. Act as the highest commanders and representatives of Vietnam forces regarding administrative and technical affairs with the United Nations.

2. Perform specialized tasks in field of participation assigned by competent authority of United Nations according to agreement between Vietnam and United Nations.

3. Assist national coordination centers regarding participation to peacekeeping force of United Nations in advising Ministry of National Defense and Ministry of Public Security to improve capacity in participating in peacekeeping force of United Nations.

4. Cooperate with government of host countries, international organizations, and other partners in missions upon receiving consent of competent authority to promote bilateral, multilateral relationships and deal with issues relating to United Nations peacekeeping affairs of Vietnam forces.

5. Monitor and assist Vietnam forces in missions in implementing specialized tasks assigned.

6. Perform other tasks and powers at request of competent agencies.

Article 4. Tasks and powers in directing, managing, commanding, and coordinating Vietnam forces

1. Assist national coordination center regarding participation to peacekeeping force of United Nations in conducting research and advising Ministry of National Defense and Ministry of Public Security to direct, manage, command, and coordinate Vietnam forces in missions.

2. Coordinate deployment, revision, and withdrawal of Vietnam forces from missions.

3. Assist national coordination center regarding participation to peacekeeping force of United Nations in directing, managing, commanding, and coordinating Vietnam forces in terms of administrative and discipline affairs in missions.

4. Other tasks and powers as per Vietnamese law.

Article 5. Tasks and powers in investigating, taking actions against violations of Vietnam forces

1. Take charge and cooperate with commanders of all levels of missions and relevant authorities of United Nations regarding administrative and discipline affairs with Vietnam forces in missions at request of Vietnamese competent authority.

2. Participate in missions of United Nations relating to investigating and taking disciplinary actions against Vietnam forces in missions.

Article 6. Communication and reporting regime

On a regular or irregular basis, submit reports on implementation results of tasks under Article 3, Article 4, and Article 5 hereof to national coordination center regarding participation to peacekeeping force of United Nations as per the law.

Chapter III

COLOR AND SIGNATURE OF EQUIPMENT AND VEHICLES OF VIETNAM FORCES PARTICIPATING IN PEACEKEEPING FORCES OF UNITED NATIONS

Article 7. Color and signature of equipment and vehicles of Vietnam forces participating in peacekeeping forces of United Nations when performing tasks in missions

1. Color

Equipment and vehicles of Vietnam forces when conducting tasks in missions shall be painted white.

2. Signature

a) Equipment and vehicles of Vietnam forces when conducting tasks in missions shall be painted or applied with a black “UN”.

b) Regarding equipment: The letter “UN” shall have consistent dimension suitable with actual dimension of equipment and be applied or painted in appropriate and visible spots.  

c) Regarding vehicles: The letter “UN” shall be in consistent dimension for all vehicles with at least 30 cm in width and 45 cm in height, and painted or applied at the front, at the back, on the sides, on top and below in case of flying vehicles.

d) Vehicles shall carry licenses and flags of United Nations.

3. Do not paint or apply national flags or national signature on equipment or vehicles.

4. Painting and attaching signatures shall be implemented prior to being deployed to missions.

Article 8. Color and signature of equipment and vehicles of Vietnam forces participating in peacekeeping forces of United Nations during domestic training

1. Equipment and vehicles shall be painted or applied with a black “UN” whose dimension conforms to Point b and Point c Clause 2 Article 7 hereof.

2. Vehicles shall carry flags of United Nations.

Chapter IV

PROCEDURES FOR SUBMITTING REPORTS ON ASSIGNMENT, REVISION, WITHDRAWAL OF FORCES TO THE GOVERNMENT OF MINISTRY OF NATIONAL DEFENSE AND MINISTRY OF PUBLIC SECURITY

Article 9. New assignment, revision, and withdrawal of forces participating in peacekeeping force of United Nations

1. Assignment of new forces for participation in peacekeeping force of United Nations shall be implemented as follows:

a) Prepare documents and present to the Government

After receiving request of United Nations regarding assigning Vietnam forces to participate in peacekeeping force of United Nations, Ministry of National Defense shall take charge and cooperate with Ministry of Public Security in preparing documents and reporting to the Government. Documents include: Presentation to the Government; draft presentation of the Government to National Defense and Security Council regarding assigning new forces; payroll of units (in case of assigning new forces in units); written request of United Nations; other documents (if any);

b) The Government shall consider and present National Defense and Security Council to decide on policies on new assignment;

c) Ministry of National Defense shall take charge and cooperate with Ministry of Public Security in revising and finalizing presentation of the Government to National Defense and Security Council. Minister of National Defense shall act the Government and represent the Prime Minister to present to National Defense and Security Council. Documents to be presented include: Presentation of the Government; payroll of units (in case of assigning new forces in units); written request of United Nations; other documents (if any);

d) Based on decisions of National Defense and Security Council, Ministry of National Defense shall take charge and cooperate with Ministry of Public Security in reporting to the Government. Minister of National Defense shall act the Government and represent the Prime Minister to present to the President and Chairperson of National Defense and Security Council to issue decisions on assigning new forces. Documents to be presented include: Presentation; draft decision of President and Chairperson of National Defense and Security Council; photocopy of remarks of members of National Defense and Security Council; other documents (if any).

2. Revision to time and forces

a) Upon receiving request of United Nations or when Vietnam request and approved by United Nations, Ministry of National Defense shall take charge and cooperate with Ministry of Public Security in adopting procedures for revising time and/or forces according to Clause 1 of this Article;

b) Ministry of National Defense shall take charge and cooperate with Ministry of Public Security via Standing Mission of Socialist Republic of Vietnam in United Nations in agreeing with specialized agencies of United Nations about revising time and forces.

3. Withdrawal

Upon receiving request of United Nations or based on practical situations, Ministry of National Defense shall take charge and cooperate with Ministry of Public Security in adopting procedures for withdrawing forces according to Clause 1 of this Article.

Article 10. Alternating, replacing forces for participation in peacekeeping force of United Nations

1. Before November 15 each year, the Government shall present plans for alternating, replacing forces for participation in peacekeeping force of United Nations of the following year to National Defense and Security Council.

2. Procedures

a) Prepare documents and present to the Government

Ministry of National Defense shall take charge and cooperate with Ministry of Public Security in preparing documents and reporting to the Government. Documents include: Presentation to the Government; draft presentation of the Government to National Defense and Security Council regarding plans for alternating, replacing; draft plans for alternating, replacing; other documents (if any);

b) The Government shall consider and present plans for alternating, replacing to National Defense and Security Council;

c) Ministry of National Defense shall take charge and cooperate with Ministry of Public Security in revising and finalizing presentation of the Government to National Defense and Security Council. Minister of National Defense shall act the Government and represent the Prime Minister to present plans for alternating, replacing forces to National Defense and Security Council. Documents to be presented include: Presentation; draft plans for alternating, replacing forces; other documents (if any);

d) Based on decisions of National Defense and Security Council, Ministry of National Defense shall take charge and cooperate with Ministry of Public Security in reporting to the Government. Minister of National Defense shall act the Government and represent the Prime Minister to present to the President and Chairperson of National Defense and Security Council to issue decisions on alternating, replacing forces. Documents to be presented include: Presentation; draft decision of President and Chairperson of National Defense and Security Council; photocopy of remarks of members of National Defense and Security Council; other documents (if any).

Chapter V

IMPLEMENTATION

Article 11. Entry into force

This Decree comes into force from July 01, 2021.

Article 12. Responsibilities for implementation

1. Ministers, heads of ministerial agencies and heads of Governmental agencies are responsible for implementation of this Decree.

2. Minister of National Defense and Minister of Public Security are responsible for monitoring, guiding, inspecting, and submitting reports on implementation of this Decree.