Law on Mobile Police Force, Law No. 04/2022/QH15

ORDER

On the promulgation of law

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 80 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Law on the Mobile Police Force,

which was passed on June 14, 2022, by the XV^th National Assembly of the Socialist Republic of Vietnam at its 3^rd session.

President of the Socialist Republic of Vietnam
NGUYEN XUAN PHUC

LAW ON THE MOBILE POLICE FORCE^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on the Mobile Police Force.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides the position, functions, tasks, powers, organization and operation of the Mobile Police Force; assurance of operation conditions, regimes and policies for the Mobile Police Force; and responsibilities of related agencies, organizations and individuals.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Armed measure means a way or method of using spiritual and physical strength, weapons, explosives, supporting tools, and technical-professional means and equipment by the Mobile Police Force to perform its functions, tasks and powers.

2. Mobile Police officers and men include officers, non-commissioned officers and men of the Mobile Police Force.

Article 3. Position and functions of the Mobile Police Force

The Mobile Police Force is a people’s armed force of the Vietnam People’s Public Security forces, and the core force in the implementation of armed measures to protect national security and ensure social order and safety.

Article 4. Operational principles of the Mobile Police Force

1. Being placed under the absolute, direct and comprehensive leadership by the Communist Party of Vietnam, the overall command by the President, the unified state management by the Government, and the personal direction, command and management by the Minister of Public Security.

2. Complying with the Constitution and laws of Vietnam and treaties to which the Socialist Republic of Vietnam is a contracting party.

3. Relying on the People, promoting the strength of the People and submitting to the People’s supervision; protecting the interests of the State and lawful rights and interests of agencies, organizations and individuals in accordance with law.

4. Closely combining armed measures with other working measures of the People’s Public Security forces in performing their assigned functions and tasks.

5. Ensuring centralized and unified direction and command from the central to local levels.

Article 5. Building of the Mobile Police Force

1. The State shall build a revolutionary, regular, elite and modern Mobile Police Force; and prioritize resources for development of the Mobile Police Force.

2. Vietnamese agencies, organizations and citizens shall participate in building a clean and strong Mobile Police Force.

Article 6. Traditional day of the Mobile Police Force

April 15 every year is the traditional day of the Mobile Police Force.

Article 7. International cooperation of the Mobile Police Force

1. International cooperation activities of the Mobile Police Force must comply with Vietnam’s law, treaties to which the Socialist Republic of Vietnam is a contracting party and relevant international agreements.

2. International cooperation covers:

a/ Exchanging information and experiences in performing the tasks of the Mobile Police Force;

b/ Training, coaching, drilling, assisting, and transferring equipment, means, science and technology to build the capacity of the Mobile Police Force;

c/ Preventing and combating terrorism, hostage taking, appropriation of aircraft and ships, organized crime, and transnational crime; conducting search, rescue and salvage activities;

d/ Other cooperation activities within the scope of tasks and powers of the Mobile Police Force.

Article 8. Prohibited acts

1. Opposing or obstructing the operation of the Mobile Police Force; revenging, threatening, or infringing upon the life, health, honor and dignity of Mobile Police officers and men, agencies, organizations and individuals that coordinate or cooperate with, support and assist the Mobile Police Force in performing their official duties or for official-duty reasons.

2. Appropriating, destroying, intentionally damaging, or illegally stockpiling, producing, trading and using weapons, explosives, supporting tools, technical-professional means and equipment of the Mobile Police Force.

3. Corrupting, bribing or forcing Mobile Police officers and men to act against their assigned tasks and powers.

4. Impersonating Mobile Police officers and men; counterfeiting means, forging, or illegally trading and using uniforms, badges, seals and special-duty certificates of the Mobile Police Force.

5. Abusing or taking advantage of positions, powers and working positions of Mobile Polico officers and men to violate the law, infringe upon the lawful rights and interests of agencies, organizations or individuals, or harass and trouble agencies, organizations and individuals.

Chapter II

TASKS, POWERS, ORGANIZATION AND OPERATION OF THE MOBILE POLICE FORCE

Article 9. Tasks of the Mobile Police Force

1. To advise the Minister of Public Security on armed measures to protect national security and ensure social order and safety; and on the building of a revolutionary, regular, elite and modern Mobile Police Force.

2. To use armed measures mainly to combat acts of riots and terrorism.

3. To use armed measures and other working measures to perform the following tasks:

a/ To attack and stop those committing acts of taking hostages or using violence to infringe upon or threaten to infringe upon the life, health and property of individuals or organizations;

b/ To disperse mass gatherings causing security and order disturbances;

c/ To protect important political, economic, diplomatic, scientific-technical, cultural and social events and targets and protect the transportation of special goods;

d/ To conduct patrol and control to ensure security and order.

4. To formulate and drill plans to perform the tasks specified in Clauses 2 and 3 of this Article. The Minister of Public Security shall provide the process of formulating and implementing plans by the Mobile Police Force.

5. To provide training and further training in regulations, military skills, martial arts, techniques and tactics for Mobile Police officers and men and officers, men and cadets in the People’s Public Security forces; to assume the prime responsibility for, and coordinate in, providing counter-terrorism training for full-time forces and forces mobilized to participate in counter-terrorism; to join in providing guard skill training for guard forces of ministries, sectors and localities in accordance with law.

6. To manage, train and use police animals to protect national security and ensure social order and safety.

7. To conduct ceremonies in the People’s Police forces and important events under regulations.

8. To coordinate with and support the People’s Public Security forces and agencies, organizations, units and other forces in protecting national security, ensuring social order and safety, and preventing and combating crime; to prevent, combat and remediate consequences of catastrophes, disasters and epidemics; to conduct search, rescue and salvage activities; to build the “All the people protect national security” movement.

9. To perform other tasks specified by the Law on the People’s Public Security Forces and relevant laws.

Article 10. Powers of the Mobile Police Force

1. To use weapons, explosives, supporting tools, and technical-professional means and equipment in accordance with Article 15 of this Law.

2. To carry weapons, explosives, supporting tools, and technical-professional means and equipment into airports or on board civilian aircraft to perform tasks in one of the following cases:

a/ Fighting terrorism, rescuing hostages; suppressing those committing dangerous acts with the use of weapons or explosives;

b/ Protecting the transportation of special goods; escorting the accused or defendants of particularly serious crimes;

c/ Using aircraft exclusively arranged by competent authorities for the Mobile Police Force to promptly deal with complicated security and order cases.

3. To stop and neutralize unmanned aircraft and ultralight aircraft that directly attack, threaten to attack or infringe upon the protected targets of the Mobile Police Force within no-fly zones and restricted-fly zones under the Prime Minister’s regulations.

4. To handle administrative violations in accordance with the law on handling of administrative violations.

5. To mobilize persons and civilian vehicles and equipment from agencies, organizations and individuals in Vietnam under Article 16 of this Law and relevant regulations.

6. To request agencies, organizations and individuals to provide diagrams and designs of constructions, working offices, houses and means, except national defense constructions, military zones and means under the management of the Ministry of National Defense; to enter agencies’ and organizations’ working offices or individuals’ residences under Article 13 of this Law to fight terrorism and rescue hostages.

7. Other powers as provided by the Law on the People’s Public Security Forces and relevant laws.

Article 11. Protection of important political, economic, diplomatic, scientific-technical, cultural and social events and targets and protection of the transportation of special goods

1. Activities of the Mobile Police Force to protect important political, economic, diplomatic, scientific-technical, cultural and social events and targets and to protect the transportation of special goods include:

a/ Guarding, patrolling and controlling;

b/ Inspecting and controlling persons, vehicles, objects and documents entering and leaving the protected target areas;

c/ Detecting, stopping and handling acts that affect or threaten to affect the safety of protected targets or the transportation of special goods.

2. The Government shall issue the list of targets and special goods to be protected by the Mobile Police Force; define the responsibilities of related agencies, organizations and individuals in coordinating with and assisting the Mobile Police Force in protecting targets and the transportation of special goods; and specify acts that affect or threaten to affect the safety of protected targets.

Article 12. Patrol and control to ensure security and order

1. The Mobile Police Force shall patrol and control areas, routes and locations that are complicated in terms of security and order or when important political events take place.

2. Patrol and control activities must comply with law, options and plans approved by competent authorities.

3. Patrol and control activities of the Mobile Police Force include:

a/ Arranging forces, means, weapons, explosives and supporting tools to perform patrol and control tasks;

b/ Inspecting and controlling persons, vehicles, objects and documents under Clause 4 of this Article;

c/ Detecting, stopping and handling illegal acts.

4. The Mobile Police Force may inspect and control persons, vehicles, objects and documents in one of the following cases:

a/ Detecting violations of the law on security and order;

b/ Detecting offenders in the act and wanted persons;

c/ Having grounds to believe that objects and documents are hidden in persons’ bodies or vehicles, or means are used to commit illegal acts and, unless checked and controlled promptly, such objects, documents or means will be dispersed and destroyed.

5. The Minister of Public Security shall provide the process of patrol and control activities of the Mobile Police Force.

Article 13. Entry into working offices of agencies and organizations and residences of individuals to fight terrorism and rescue hostages

1. The entry into working offices of agencies and organizations and residences of individuals must comply with the law on terrorism prevention and combat.

2. The entry into working offices of agencies or units under the management of the Ministry of National Defense must comply with regulations on coordination between the Ministry of Public Security and Ministry of National Defense.

3. The entry into working offices of foreign diplomatic missions or consulates, representative offices of international organizations, or residences of member staffs of these agencies in Vietnam must comply with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 14. Working measures of the Mobile Police Force

1. The Mobile Police Force may take working measures, mainly armed measures,  in accordance with the Law on the People’s Public Security Forces and relevant laws to perform the tasks and powers specified in Articles 9 and 10 of this Law.

2. The Mobile Police Force Commander and directors of provincial-level Departments of Public Security shall decide on the application of the working measures specified in Clause 1 of this Article and take responsibility before law and their superiors for their decisions.

Article 15. Use of weapons, explosives, supporting tools, and technical-professional means and equipment

1. When performing their tasks independently, Mobile Police officers and men may use weapons, explosives and supporting tools and fire military guns in accordance with the Law on Management and Use of Weapons, Explosives and Supporting Tools.

2. When performing their tasks in an organized manner, the Mobile Police Force shall use weapons, explosives and supporting tools according to the orders of their direct commanders. The person giving the orders shall comply with the provisions of the Law on Management and Use of Weapons, Explosives and Supporting Tools and relevant laws, and take responsibility before law and their superiors for their decisions.

3. The Mobile Police Force shall use technical-professional means and equipment when performing their tasks under plans approved by competent authorities.

4. The Mobile Police Force shall use weapons, explosives, supporting tools, and technical-professional means and equipment in training activities and drills under plans approved by competent authorities

Article 16. Mobilization of persons and civilian means and equipment

1. When performing the tasks specified in Clauses 2 and 3, Article 9 of this Law, in urgent cases to protect national security, ensure social order and safety or to prevent consequences harmful to the society that are happening or likely to happen, Mobile Police officers and men may mobilize persons and civilian means and equipment and persons who are using and operating such means and equipment. In case of performing counter-terrorism tasks, the mobilization of persons, vehicles and equipment must comply with the Law on Terrorism Prevention and Combat.

In urgent cases as referred to in this Clause, Mobile Police officers and men may request foreign organizations and individuals to support and assist them in performing their tasks in accordance with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. The competence to mobilize persons and civilian means and equipment of agencies, organizations and individuals is provided as follows:

a/ Officers and non-commissioned officers of the Mobile Police Force may mobilize persons, means and equipment when performing tasks independently;

b/ The direct commander of the Mobile Police Force at the scene may decide to mobilize persons, means and equipment when performing tasks in an organized manner.

3. Mobile Police officers and men who have mobilized persons, means and equipment shall return them immediately after the urgent case ends. In case mobilized persons, means and equipment suffer injury or damage, they are entitled to regimes, policies and compensation under Clause 4, Article 32 of this Law; units that manage the mobilized officers and men shall pay compensation in accordance with relevant laws.

Article 17. Organizational system of the Mobile Police Force

1. The organizational system of the Mobile Police Force consists of:

a/ The Mobile Police Command;

b/ Mobile Police units of provincial-level Departments of Public Security.

2. The Minister of Public Security shall detail this Article.

Article 18. Obligations and responsibilities of Mobile Police officers and men

1. To be absolutely loyal to the Fatherland, People, Party and State; to strictly abide by guidelines and line of the Party, policies and laws of the State, regulations of the People’s Public Security Forces, and directives and orders of their superiors.

2. To respect and protect the lawful rights and interests of agencies, organizations and individuals; to be closely connected to the People, and show respect and politeness to and devotedly serve the People.

3. To be honest, brave, vigilant, ready to combat, and properly fulfill all assigned tasks; to protect national security, ensure social order and safety, and resolutely fight crime and violations of law.

4. To regularly study to improve political qualifications and stuff, legal knowledge, professional qualifications and skills, and the sense of discipline, do physical training, practice techniques and tactics and master equipment and tools of the Mobile Police Force.

5. To take responsibility before law and superiors for their decisions and acts when performing their tasks and for the performance of tasks by their subordinates.

Article 19. Responsibilities of the Mobile Police Commander and directors of provincial-level Departments of Public Security

1. The Mobile Police Commander shall organize performance of the tasks and exercise of the powers specified in Articles 9 and 10 of this Law, and take responsibility before law and the Minister of Public Security for operation of the Mobile Police Force.

2. Directors of provincial-level Departments of Public Security shall, within the ambit of their tasks and powers, direct the Mobile Police units under their management to perform the tasks and exercise the powers specified in Articles 9 and 10 of the Law, and take responsibility before law and the Minister of Public Security.

Article 20. Mobilization of the Mobile Police Force to perform tasks

1. The Minister of Public Security may mobilize the Mobile Police Force nationwide to perform tasks.

2. The Mobile Police Commander may mobilize the Mobile Police Force to perform tasks in the following cases:

a/ Mobilizing Mobile Police units under his/her management to perform tasks under plans or options subject to his/her approval;

b/ Mobilizing Mobile Police units under options approved by the superiors or by himself/herself as authorized or when assigned to take charge of handling specific situations;

c/ Mobilizing Mobile Police units under his/her management to perform tasks in urgent cases and at the same time reporting them to the Minister of Public Security.

3. Directors of provincial-level Departments of Public Security may mobilize Mobile Police units under their management to perform tasks in the following cases:

a/ Performing tasks under plans or options approved by superiors or subject to their approval;

b/ Performing tasks in areas under their management in urgent cases and at the same time reporting them to the Minister of Public Security.

4. Commanders of Mobile Police units may mobilize and use units under their management to perform tasks under plans or options approved by competent authorities; mobilize the units under their management to participate in preventing, combating, and overcoming consequences of, catastrophes, disasters and epidemics, and in search, rescue and salvage activities and at the same time reporting them to immediate superior commanders.

5. The mobilization of the Mobile Police Force in a state of war, emergency, martial law or curfew must comply with relevant regulations and decisions of competent authorities.

Article 21. Coordination in the performance of tasks of the Mobile Police Force

1. The principles of coordination are provided as follows:

a/ The coordination shall be based on tasks and powers of agencies, organizations and functional forces as provided by law and decisions of competent authorities, and suitable to reality;

b/ Ensuring the centralized and unified leadership and administration in directing and commanding the performance of tasks; keeping confidential information on national defense and security and professional measures of agencies, organizations and functional forces in the process of coordination;

c/ Ensuring the proactivity, flexibility, specificity and efficiency, associated with the responsibility of heads of in-charge and coordinating agencies.

2. Contents of coordination are specified as follows:

a/ Protecting national security, ensuring social order and safety, fighting crimes and violations of law;

b/ Dealing with cases of mass gatherings causing security and order disturbances, riots, terrorism and hostage taking;

c/ Patrolling and controlling to ensure security and order; protecting important political, economic, diplomatic, scientific-technical, cultural and social events and targets and protecting the transportation of special goods;

d/ Preventing, combating, and overcoming consequences of, catastrophes, disasters and epidemics; conducting search, rescue and salvage activities; launching the “All the people protect national security” movement;

dd/ Conducting training, coaching and further training activities;

e/ Exchanging information and documents, formulating legal documents and conducting law dissemination and education;

g/ Carrying out other relevant coordination activities.

3. The command mechanism in the coordination in performing tasks of the Mobile Police Force is provided as follows:

a/ When dealing with complicated security and order cases under the main charge of local Party Committees and administrations, reinforced with the forces of the Mobile Police Command, the Mobile Police Command shall coordinate with local administrations in implementing measures to settle the cases and directly order the Mobile Police Force to perform tasks under options approved by competent authorities;

b/ When dealing with complicated security and order cases under the main charge of the Ministry of Public Security, the Mobile Police Command shall assume the prime responsibility for, and coordinate with related agencies, organizations and units in, giving advice to the leaders of the Ministry of Public Security to implement measures to settle the cases and directly command the Mobile Police Force to perform tasks under options already approved by competent authorities;

c/ When dealing with complicated security and order cases assigned to the Mobile Police Command to take the main charge, the participating forces shall submit to the direct command of the Mobile Police Command under options approved by competent authorities.

4. The Government shall define the responsibilities of agencies, organizations and local administrations to coordinate in the performance of tasks of the Mobile Police Force.

Chapter III

ASSURANCE OF OPERATION AND REGIMES AND POLICIES FOR THE MOBILE POLICE FORCE

Article 22. Assurance of funds and physical facilities for the Mobile Police Force

The State shall ensure funds, physical facilities, land, working offices and other works for the operation of the Mobile Police Force in accordance with relevant laws.

Article 23. Equipment of the Mobile Police Force

1. The State shall prioritize investment in modern equipment, research and application of scientific and technological achievements for the activities of the Mobile Police Force.

2. The Mobile Police Force shall be equipped with weapons, explosives, supporting tools, aircraft, ships, and technical-professional means and equipment to perform their assigned functions, tasks and powers.

3. The Government shall detail this Article.

Article 24. Uniforms, sign, pennants, insignia, badges and identity cards of the People’s Public Security forces, and special-duty certificates of the Mobile Police Force

1. The Mobile Police Force shall use uniforms, sign, pennants, badges, insignia and identity cards of the People’s Public Security forces in accordance with the Law on the People’s Public Security Forces.

2. The Mobile Police Force have their own badges, special-duty certificates, training uniforms and combat uniforms.

3. The Minister of Public Security shall detail Clause 2 of this Article.

Article 25. Regimes and policies for Mobile Police officers and men

1. Mobile Police officers and men are entitled to regimes and policies provided by law for People’s Public Security officers and men.

2. Mobile Police officers and men are, while in active service, entitled to preferential policies and particular regimes suitable to the characteristics of their tasks and areas of operation.

3. Mobile Police officers shall be provided with official-duty accommodations.

4. The Government shall detail Clause 2 of this Article.

Article 26. Recruitment of citizens into the Mobile Police Force

1. Vietnamese citizens, male or female, who possess political and moral qualities, have good health, are in the age group meeting duty requirements and are voluntary may be recruited into the Mobile Police Force.

2. The Mobile Police Force shall be given priority in selecting citizens under Clause 1 of this Article who possess professional and technical qualifications or suitable aptitude and talent for long-term service in the Mobile Police Force.

3. The Minister of Public Security shall detail this Article.

Article 27. Training, coaching, further training and employment of Mobile Police officers and men

1. Mobile Police officers and men shall be trained and further trained in politics, law and profession; military operations, martial arts and other knowledge needed for their assigned tasks and powers; and be encouraged to develop their talent for long-term service in the Mobile Police Force.

2. Mobile Police officers and men shall be organized according to the allocated payroll and employed in conformity with the characteristics and requirements of tasks and areas of operation of ​​each unit or force.

3. The Minister of Public Security shall detail Clause 2 of this Article.

Chapter IV

STATE MANAGEMENT OF, AND RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS FOR, THE MOBILE POLICE FORCE

Article 28. Contents of state management of the Mobile Police Force

1. Promulgating or submitting to competent authorities for promulgation, and organizing the implementation of, strategies, policies and laws on the Mobile Police Force.

2. Organizing and directing the operation of the Mobile Police Force.

3. Disseminating and educating about the law on the Mobile Police Force.

4. Recruiting, training and further training Mobile Police officers and men.

5. Implementing regimes and policies toward the Mobile Police Force.

6. Carrying out examination and inspection and settling complaints and denunciations; conducting preliminary review and final review, providing rewards, and handling violations related to the operation of the Mobile Police Force.

7. Undertaking international cooperation of the Mobile Police Force.

Article 29. State management responsibilities for the Mobile Police Force

1. The Government shall perform the unified state management of the Mobile Police Force.

2. The Minister of Public Security shall be responsible to the Government for performing the state management of the Mobile Police Force.

3. Ministers, heads of ministerial-level agencies, and provincial-level People’s Committees shall, within the ambit of their tasks and powers, coordinate with the Minister of Public Security in performing the state management of the Mobile Police Force.

Article 30. Responsibilities of provincial-level People’s Councils and People’s Committees

1. To coordinate with the Ministry of Public Security in planning suitable land areas for the construction of stations and training grounds for the Mobile Police Force.

2. To provide financial support and physical facilities for the operation of the Mobile Police Force within localities’ capacity and in accordance with the law on the state budget.

3. To organize dissemination of and education about the law on the Mobile Police Force.

4. To prioritize the implementation of social housing policies for Mobile Police officers and men in accordance with law.

Article 31. Responsibilities of the Vietnam Fatherland Front and its member organizations

The Vietnam Fatherland Front and its member organizations shall, within the ambit of their tasks and powers, coordinate with related agencies and organizations in disseminating, and mobilizing the People to implement, the law on the Mobile Police Force; oversee the implementation of the law on the Mobile Police Force; support and assist the Mobile Police Force in performing tasks.

Article 32. Responsibilities of and regimes and policies for agencies, organizations and individuals participating in coordination, cooperation, support and assistance to the Mobile Police Force

1. To promptly provide competent persons with information and documents relating to the work of the Mobile Police Force.

2. To comply with decisions and requests of the Mobile Police Force as specified in Clause 6, Article 10, and Article 16, of this Law.

3. The State shall guarantee the lawful rights and interests of agencies, organizations and individuals participating in coordination, cooperation, support and assistance to the Mobile Police Force in performing tasks and exercising powers as prescribed by law and keep information confidential when required.

4. Agencies, organizations and individuals participating in coordination, cooperation, support and assistance to the Mobile Police Force in the performance of tasks and powers and recording achievements shall be commended and rewarded; their property damage shall be compensated while their honor and dignity harm shall be restored; for those suffering any injury, health reduction or loss of life, they and their families will be entitled to regimes and policies as prescribed by law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 33. Effect

1. This Law takes effect on January 1, 2023.

2. Ordinance No. 08/2013/PL-UBTVQH13 on the Mobile Police Force will cease to be effective on the effective date of this Law.

This Law was passed on June 14, 2022, by the XV^th National Assembly of the Socialist Republic of Vietnam at its 3^rd session.-

Chairman of the National Assembly
VUONG DINH HUE