Decree 61/2021/ND-CP detailing Resolution 130/2020/QH14 on participation in the United Nations peacekeeping forces

DECREE

Detailing a number of articles of the National Assembly’s Resolution No. 130/2020/QH14 on the participation in the United Nations peacekeeping forces^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the National Assembly’s Resolution No. 130/2020/QH14 of November 13, 2020, on the participation in the United Nations peacekeeping forces;

At the proposal of the Minister of National Defense;

The Government promulgates the Decree detailing a number of articles of the National Assembly’s Resolution No. 130/2020/QH14 of November 13, 2020, on the participation in the United Nations peacekeeping forces.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details Clause 4, Article 9; Clause 4, Article 10; Clause 4, Article 12; and Clause 4, Article 13, of the National Assembly’s Resolution No. 130/2020/QH14 of November 13, 2020, on the participation in the United Nations peacekeeping forces (below referred to as Resolution No. 130/2020/QH14), regarding tasks and powers of commanders of the Vietnamese forces at United Nations peacekeeping missions; distinctive colors and identification signs of equipment and vehicles used for drilling and task performance; and procedures for the Ministry of National Defense or Ministry of Public Security to report to the Government on the dispatch, adjustment or withdrawal of forces participating in the United Nations peacekeeping operations.

Article 2. Subjects of application

1. Officers, professional army men, non-commissioned officers, soldiers and units of the Ministry of National Defense; and officers, professional and technical non-commissioned officers, men and units of the Ministry of Public Security, who are dispatched to participate in the United Nations peacekeeping forces.

2. Agencies, organizations and individuals involved in the participation in the United Nations peacekeeping forces.

Chapter II

TASKS AND POWERS OF COMMANDERS OF MISSION-BASED VIETNAMESE FORCES

Article 3. Tasks and powers in the implementation of agreements between Vietnam and the United Nations

1. To act as the highest commanders and representatives of mission-based Vietnamese forces for administrative affairs and discipline before the United Nations.

2. To perform professional tasks in the fields in which they participate as assigned by competent authorities of the United Nations under agreements between Vietnam and the United Nations.

3. To assist the national coordinating agency for participation in the United Nations peacekeeping forces in advising the Ministry of National Defense and Ministry of Public Security on building capacity for participation in the United Nations peacekeeping forces.

4. To work with authorities of host countries, international organizations and other partners at missions when so permitted by competent authorities in order to promote bilateral and multilateral relations and settle arising problems related to the United Nations peacekeeping operations of the Vietnamese forces.

5. To monitor and assist mission-based Vietnamese forces in performing their assigned professional tasks.

6. To perform other tasks and exercise other powers at the request of competent authorities.

Article 4. Tasks and powers in directing, managing, commanding and guiding mission-based Vietnamese forces

1. To assist the national coordinating agency for participation in the United Nations peacekeeping forces in studying, and advising the Ministry of National Defense and Ministry of Public Security on directing, managing, commanding and guiding mission-based Vietnamese forces.

2. To coordinate activities in support of the deployment, adjustment and withdrawal of the Vietnamese forces from missions.

3. To assist the national coordinating agency for participation in the United Nations peacekeeping forces in directing, managing, commanding and guiding administrative affairs and discipline for mission-based Vietnamese forces.

4. To perform other tasks and exercise other powers in accordance with Vietnam’s law.

Article 5. Tasks and powers in investigating, and handling violations for, mission-based Vietnamese forces

1. To assume the prime responsibility for working with all-level commanders of missions and the United Nations’ competent authorities in host countries regarding administrative management and discipline of mission-based Vietnamese forces at the request of Vietnam’s competent authorities.

2. To join the United Nations teams related to the investigation and disciplining of mission-based Vietnamese forces.

Article 6. Information and reporting regime

Periodically or extraordinarily, to report on performance of the tasks specified in Articles 3, 4 and 5 of this Decree to the national coordinating agency for participation in the United Nations peacekeeping forces in accordance with regulations.

Chapter III

COLORS AND IDENTIFICATION SIGNS OF EQUIPMENT AND VEHICLES OF THE VIETNAMESE FORCES PARTICIPATING IN THE UNITED NATIONS PEACEKEEPING OPERATIONS

Article 7. Colors and identification signs of equipment and vehicles of the Vietnamese forces participating in the United Nations peacekeeping operations when performing tasks at missions

1. Colors

Equipment and vehicles of the Vietnamese forces when performing tasks at missions shall be painted white.

2. Identification signs

a/ Equipment and vehicles of the Vietnamese forces when performing tasks at missions shall be affixed or painted with the black letters “UN”.

b/ For equipment: The letters “UN” must be of a uniform font size proportional to the actual size of each type of equipment; and shall be affixed or painted in a suitable and conspicuous location.

c/ For vehicles: The letters “UN” must have a uniform font size proportional to each type of vehicles, which must be at least 30cm wide and 45cm high; and shall be affixed or painted on the front, at the rear and on both sides of, and on the top and bottom of airplanes.

d/ Vehicles must bear a number plate and the flag of the United Nations.

3. It is not allowed to paint or affix the national flag or identification sign on equipment and vehicles.

4. The painting of colors and affixture of identification signs for equipment and vehicles shall be made before the Vietnamese forces are deployed at missions.

Article 8. Identification signs of equipment and vehicles of the Vietnamese forces participating in the United Nations peacekeeping operations when practicing training drills at home

1. Equipment and vehicles shall be affixed or painted with the black letters “UN”; the font size and painting location of the letters “UN” must comply with Points b and c, Clause 2, Article 7 of this Decree.

2. Vehicles must bear the United Nations flag.

Chapter IV

PROCEDURES FOR THE MINISTRY OF NATIONAL DEFENSE OR MINISTRY OF PUBLIC SECURITY TO REPORT TO THE GOVERNMENT ON THE DISPATCH, ADJUSTMENT OR WITHDRAWAL OF FORCES

Article 9. Dispatch, adjustment and withdrawal of forces participating in the United Nations peacekeeping operations

1. The dispatch of forces to participate in the United Nations peacekeeping operations must undergo the following procedures:

a/ Preparing a dossier for submission to the Government

After receiving the United Nations’ request for dispatch of the Vietnamese forces to participate in the United Nations peacekeeping operations, the Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, preparing a dossier for reporting to the Government. The dossier must comprise the proposal to the Government; a draft of the Government’s force dispatch proposal to the National Defense and Security Council; a document showing the organization and complement of units to be dispatched (in case of dispatch of forces in units); the United Nations’ request; and other documents (if any).

b/ The Government shall consider whether to propose the National Defense and Security Council to approve the dispatch of forces;

c/ The Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, finalizing the Government’s dossier to be submitted to the National Defense and Security Council. The Minister of National Defense shall, on behalf of the Government and by authorization of the Prime Minister, submit a dossier to the National Defense and Security Council. The dossier must comprise the Government’ proposal; a document showing the organization and complement of units to be dispatched (in case of dispatch of forces in units); the United Nations’ request; and other documents (if any);

d/ Based on the National Defense and Security Council’s decision, the Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, sending a report thereon to the Government. The Minister of National Defense shall, on behalf of the Government and by authorization of the Prime Minister, submit a dossier proposing the President-Chairperson of the National Defense and Security Council to issue a decision on dispatch of forces. The dossier must comprise the proposal; a draft decision of the President-cum-Chairperson of the National Defense and Security Council; copies of written opinions of members of the National Defense and Security Council; and other documents (if any).

2. Adjustment of time and forces

a/ When receiving a request of the United Nations or when Vietnam makes a request and has it approved by the United Nations, the Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, carrying out the procedures for adjustment of time and forces according to Clause 1 of this Article;

b/ The Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, and via the Permanent Mission of the Socialist Republic of Vietnam to the United Nations, reaching agreement with the United Nations’ specialized agency on the adjustment of time and forces.

3. Withdrawal of forces

When receiving a request of the United Nations or based on the real situation, the Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, carrying out the procedures for withdrawal of forces according to Clause 1 of this Article.

Article 10. Dispatch of rotational and replacement forces to participate in the United Nations peacekeeping operations

1. Before November 15 every year, the Government shall submit to the National Defense and Security Council a subsequent year’s plan on dispatch of rotational and replacement forces to participate in the United Nations peacekeeping operations.

2. Order and procedures

a/ Preparing a dossier for submission to the Government

The Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, preparing a dossier for reporting to the Government. The dossier must comprise the proposal to the Government; a draft of the Government’s proposal on the plan on dispatch of rotational and replacement forces to the National Defense and Security Council; a draft plan on dispatch of rotational and replacement forces; and other documents (if any);

b/ The Government shall consider whether to submit to the National Defense and Security Council the plan on dispatch of rotary and replacement forces;

c/ The Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, finalizing the Government’s dossier to be submitted to the National Defense and Security Council. The Minister of National Defense shall, on behalf of the Government and by authorization of the Prime Minister, submit a dossier proposing the National Defense and Security Council to issue a decision on the plan on dispatch of rotational and replacement forces. The dossier must comprise the proposal; a draft plan on dispatch of rotational and replacement forces; and other documents (if any);

d/ Based on the National Defense and Security Council’s decision, the Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, sending a report thereon to the Government. The Minister of National Defense shall, on behalf of the Government and by authorization of the Prime Minister, submit a dossier proposing the President-Chairperson of the National Defense and Security Council to issue a decision on dispatch of rotational and replacement forces. The dossier must comprise the proposal; a draft decision of the President-Chairperson of the National Defense and Security Council; copies of written opinions of members of the National Defense and Security Council; and other documents (if any).

Chapter V

IMPLEMENTATION PROVISIONS

Article 11. Effect

This Decree takes effect on July 1, 2021.

Article 12. Implementation responsibility

1. Ministers, heads of ministerial-level agencies and heads of government-attached agencies shall implement this Decree.

2. The Minister of National Defense and Minister of Public Security shall monitor, guide, examine, and report on the implementation of this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
PHAM BINH MINH