Law on Counter-Terrorism, Law No. 28/2013/QH13

THE PRESIDENT

Order No. 02/2013/L-CTN of June 18, 2013, on the promulgation of law

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the X^th National Assembly at its 10^th session;

Pursuant to Article 91 of the Law on Organization of the National Assembly;

Pursuant to Article 57 of the Law on Promulgation of Legal Documents,

PROMULGATES

the Counter-Terrorism Law,

which was passed on June 12, 2013, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 5^th session.-

President of the Socialist Republic of Vietnam
TRUONG TAN SANG

Counter-Terrorism Law

(No. 28/2013/QH13)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

The National Assembly promulgates the Law on Counter-Terrorism.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for the counter-terrorism principles, policies, measures and forces; international cooperation and responsibilities of agencies, organizations and individuals in preventing and combating terrorism.

Article 2. Subjects of application

This Law applies to Vietnamese citizens, agencies and organizations; international organizations, foreign organizations and foreigners residing or operating in the Vietnamese territory, unless otherwise provided by treaties to which the Socialist Republic of Vietnam is a contracting member.

Article 3. Interpretation of terms

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

1. Terrorism means one, several or all of the following acts of organizations or individuals aiming to oppose the people’s administration, coerce the people’s administration, foreign organizations and international organizations, cause difficulties to the international relations of the Socialist Republic of Vietnam or cause public panic:

a/ Infringing upon the lives, health, body freedom or threatening to infringe upon the lives or intimidating the spirit of other persons;

b/ Appropriating, damaging, destroying or threatening to destroy property; attacking, infringing upon, obstructing or causing disorder to, the operation of computer networks, telecommunications networks, Internet and digital equipment of agencies, organizations or individuals;

c/ Guiding the manufacture, production and use of, or manufacturing, producing, storing, transporting, trading in, weapons, explosives, radioactives, toxins, inflammables and other instruments and means for committing the acts defined at Points a and b, Clause 1 of this Article;

d/ Propagating, dragging into, inciting, coercing, hiring, creating conditions for, or abetting in, the commission of the acts defined at Points a, b and c, Clause 1 of this Article;

dd/ Establishing, participating in the organization, recruitment and training of persons with a view to committing the acts defined at Points a, b, c and d, Clause 1 of this Article;

e/ Other acts that are considered terrorism under the counter-terrorism international treaties to which the Socialist Republic of Vietnam is a contracting party.

2. Terrorist financing means act of mobilizing, providing money and assets in any form for terrorist organizations and individuals.

3. Terrorism prevention and combat cover activities of preventing terrorism, preventing terrorist financing, fighting terror and fighting terrorist financing.

Article 4. Counter-terrorism principles

1. To be placed under the leadership of the Communist Party of Vietnam and the unified management of the State, and be participated by the entire society with the People’s Public Security assuming the prime responsibility for, and coordinating with the People’s Army in, acting as the core,

2. To comply with the Constitution and law; to guarantee the independence, sovereignty, unity and territorial integrity of the Fatherland, the interests of the State, the rights and legitimate interests of agencies, organizations and individuals.

3. To regard prevention as the main; to take the initiative in detecting and preventing in time and strictly handling terrorist or terrorist-financing organizations and individuals.

4. To protect the safety of human lives and health, and the property of agencies, organizations and individuals; to minimize damage.

Article 5. Counter-terrorism policies

1. The State condemns and severely punishes all acts of terrorism and terrorist financing; resorts to synchronous measures to organize terrorism prevention and combat; propagates and mobilizes organizations and individuals to participate in terrorism prevention and combat.

2. The State adopts policies to mobilize scientific and technological achievements to serve terrorism prevention and combat.

3. The State prioritizes investment of technical and professional equipment and means for and assures the regimes and policies toward forces fighting terrorism and terrorist financing.

4. The State applies policies and measures to protect organizations and individuals participating in terrorism prevention and combat. For individuals who are wounded, suffer health damage or die when participating in terrorism prevention and combat, they themselves or their relatives are entitled to the regimes and policies as prescribed by law. Organizations and individuals whose assets are damaged when being mobilized to serve terrorism prevention and combat are entitled to compensation.

5. Organizations and individuals that record achievements in terrorism prevention and combat are commended according to the law on emulation and commendation.

6. The State applies leniency policy toward organizations and individuals that take the initiative in abandoning their intentions to commit terrorism or finance terrorists; that terminate midway at their own will their acts of terrorism or terrorist financing or attempt, or before their acts of terrorism or terrorism financing are detected, stop, reduce the damage or redress the consequences and surrender themselves and sincerely report on their acts, actively assisting responsible agencies in detecting, stopping, investigating, prosecuting and adjudicating terrorists and terrorist financers.

Article 6. Prohibited acts

1. Terrorist and terrorist-financing acts defined in Clauses 1 and 2, Article 3 of this Law.

2. Covering up, harboring or failing to denounce terrorist and terrorist-financing acts.

3. Disclosing state secrets in terrorism prevention and combat.

4. Deliberately spreading false information on terrorism and terrorist financing; obstructing and causing difficulties to counter-terrorism activities.

5. Abusing one’s position and power in terrorism prevention and combat to infringe upon the interests of the State or the rights and legitimate interests of organizations or individuals.

Article 7. Counter-terrorism responsibility

1. To prevent and combat terrorism is the duty of agencies, organizations and citizens.

2. Heads of agencies or organizations shall organize the implementation of the counter-terrorism law within the scope of their responsibilities and powers.

3. International organizations and foreign organizations operating and foreigners residing in the Vietnamese territory shall participate in terrorism prevention and combat in accordance with this Law and other relevant laws.

Article 8. Responsibility of Vietnam Fatherland Front and its member organizations

Vietnam Fatherland Front and its member organizations shall, within the scope of their tasks and powers, propagate and mobilize people to strictly observe the counter-terrorism law; and oversee the implementation of the counter-terrorism law.

Article 9. Investigation, prosecution and adjudication of terrorism and terrorist financing crimes

The investigation, prosecution and adjudication of terrorism and terrorist financing crimes comply with the Penal Code, the Criminal Procedures Code and other relevant laws.

Article 10. Handling of money and assets related to terrorism and terrorist financing

1. Money and assets related to terrorism and terrorist financing must be suspended from circulation, blockaded, sealed, temporarily seized and handled in accordance with law.

2. The Government specifies the conditions, procedures, competence and forms for circulation suspension, blockade, sealing, temporary seizure and handling of money and assets related to terrorism and terrorist financing.

Article 11. Funds for counter-terrorism activities

1. Funding sources for counter-terrorism activities cover:

a/ State budget;

b/ Other lawful funding sources.

2. The management and use of funds for counter-terrorism activities comply with the law.

Chapter II

ORGANIZATION OF COUNTER-TERRORISM ACTIVITIES

Article 12. Counter-terrorism steering committees

1. The Government shall set up the National Counter-Terrorism Steering Committee. Its members shall work on a part-time basis.

The Ministry of Public Security shall act as the standing body of the National Counter- Terrorism Steering Committee and is assisted by a full-time advisory body.

2. Provincial-level People’s Committees shall set up provincial-level Counter-Terrorism Steering Committees. Members of provincial-level Counter-Terrorism Steering Committees shall work on a part-time basis.

Provincial-level Public Security Departments shall act as standing bodies of provincial-level Counter-Terrorism Steering Committees and are assisted by advisory units.

3. Based on the assigned tasks and under the direction of the Prime Minister, ministers and heads of ministerial-level agencies set up the Counter-Terrorism Steering Committees of their ministries or sectors.

Article 13. Tasks and powers of Counter-Terrorism Steering Committees

1. The National Counter-Terrorism Steering Committee has the following tasks and powers:

a/ To advise the Government and the Prime Minister on organizing and directing counter- terrorism activities nationwide;

b/ To assist the Government and the Prime Minister in organizing and deploying the inter-sector coordination in terrorism prevention and combat as well as international cooperation on terrorism prevention and combat;

c/ To assist the Government, the Prime Minister in inspecting, urging and guiding counter-terrorism activities.

2. A provincial-level Counter-Terrorism Steering Committee has the following tasks and powers:

a/ To advise the provincial-level People’s Committee and its chairperson on organizing and directing counter-terrorism activities in their localities;

b/ To assist the provincial-level People’s Committee and its chairperson in organizing and deploying the inter-sector coordination in local counter-terrorism activities;

c/ To assist the provincial-level People’s Committee and its chairperson in inspecting, urging and guiding counter-terrorism activities.

3. The Counter-Terrorism Steering Committees of ministries or sectors shall assist the ministers or heads of ministerial-level agencies in organizing and directing counter- terrorism activities in the fields under their charge and coordinating with other ministries, sectors, localities and agencies in terrorism prevention and combat.

4. The Government shall specify the organization, tasks, powers and coordination relations of counter-terrorism steering committees at all levels.

Article 14. Counter-terrorism forces

1. The counter-terrorism forces include:

a/ Agencies and units under the Ministry of Public Security or the Ministry of National Defense, which are assigned to perform counter-terrorism tasks;

b/ Other forces mobilized for counter-terrorism activities.

2. The Minister of Public Security and the Minister of National Defense shall specify the tasks and powers of agencies and units defined at Point a, Clause 1 of this Article.

Article 15. Counter-terrorism commanders

1. Counter-terrorism commanders are persons decided by competent authorities.

2. In case counter-terrorism commanders are not yet decided by competent authorities, heads of state agencies, people’s armed force units, People’s Committees of localities where terrorism occurs have the responsibility and power to apply the counter-terrorism measures defined in Clause 2, Article 16 of this Law.

3. In case terrorism occurs on an aircraft or a seagoing ship that has departed from an airport or a seaport, the commander of such aircraft or seagoing ship shall command the fighting against terrorism.

4. The Government shall specify this Article.

Article 16. Tasks and powers of counter-terrorism commanders

1. A counter-terrorism commander defined in Clause 1, Article 15 of this Law has the following tasks and powers:

a/ To advise on, and propose competent authorities to decide necessary counter-terrorism plans and measures;

b/ To command the fighting against terrorism under the plans and measures decided by competent authorities;

c/ In urgent cases where competent authorities have not yet decided on any plans and measures, to have the responsibility and power to apply the measures defined in Clause 2, Article 30 of this Law, unless such measures may affect political or diplomatic affairs, infringe upon the  lives of other persons or destroy assets of special value.

2. Heads of state agencies, people’s armed force units or People’s Committees as provided in Clause 2, Article 15 of this Law have the responsibility and power to apply the urgent counter-terrorism measures defined at Points a, b, c, d, e, h, i and m, Clause 2, Article 30 of this Law, unless such measures may affect political or diplomatic affairs, infringe upon the lives of other persons or destroy assets of special value.

3. Persons having the responsibility to command the fighting against terrorism as defined in Clause 3, Article 15 of this Law, have the responsibility and power to apply measures to prevent and invalidate terrorist acts in accordance with law.

4. Persons defined in Clauses 1, 2 and 3 of this Article shall take responsibility before law for their acts and decisions.

Article 17. Equipping and use of weapons, tools, instruments and means to fight terrorism

1. Counter-terrorism forces are prioritized in the equipping of weapons, supporting tools and technical instruments and means to prevent and fight terrorism.

2. The use of weapons, supporting tools and technical instruments and means by counter-terrorism forces complies with the provisions of this Law and other relevant laws.

Article 18. Mobilization of forces and means; compulsory purchase and requisition of property for terrorism fighting

1. When terrorism occurs, competent persons prescribed by law may mobilize forces and means to fight terrorism. Agencies, organizations and individuals mobilized for terrorism fighting are obliged to comply with mobilization decisions.

2. When terrorism occurs, the compulsory purchase and requisition of property comply with the law on compulsory purchase and requisition of property.

Chapter III

TERRORISM PREVENTION

Article 19. Terrorism prevention measures

Terrorism and terrorist financing is prevented with the measures defined in Articles from 20 to 27 of this Law, and other measures as prescribed by law.

Article 20. Counter-terrorism information, communication and education

1. Competent agencies and persons shall carry out counter-terrorism information, communication and education activities aiming to raise the awareness of, the responsibility for, and the effectiveness of terrorism prevention and combat.

2. The counter-terrorism information, propagation and education contents cover:

a/ The danger, development and situation of terrorism; terrorist tricks and modes of operation, the dangers and harms of terrorism;

b/ Counter-terrorism measures, experiences, policies and law;

c/ Counter-terrorism responsibilities of agencies, organizations and individuals;

d/ Other necessary contents to serve terrorism prevention and combat requirements.

Article 21. Administrative management of security and order

1. Agencies and persons in charge of administrative management of security and order shall, through their activities, actively and promptly detect the causes, conditions, attempts, modes, tricks and activities of terrorist organizations and individuals, and apply appropriate measures.

2. Measures to prevent terrorism through administrative management of security and order include:

a/ Management of residence, police records and identity of citizens;

b/ Management of weapons, explosives, supporting tools, flammables, toxins and radioactive substances;

c/ Guard and protection of important works related to national security, defense works, military zones, offices of diplomatic missions, foreign consulates, and representative offices of international organizations in the Vietnamese territory;

d/ Patrol, control and supervision of key security and order targets, airports, seaports, railway stations, car terminals, border gates, border areas, crowded places and other public places;

dd/ Entry, exit and transit management;

e/ Other measures of administrative management of security and order as provided by law.

Article 22. Control of transport activities

Agencies and persons competent to control road, railway, waterway, marine and air transport shall proactively detect, stop and handle in time acts of abusing these activities for terrorism.

Article 23. Control of money and property transactions

Agencies and persons competent to control money and property transactions shall monitor, supervise and stop money and property transactions showing terrorism-related signs; and supervise money and property transactions which must be reported in accordance with law so as to detect in time transactions with terrorism-related signs.

Article 24. Control of means and goods upon import or export and in transit

Agencies and persons competent to control means and goods upon import or export in transit shall strictly control these means and goods so as to detect, stop and handle in time acts of abusing these activities for terrorism.

Article 25. Control of publishing, press, post and telecommunications activities and other forms of communication

Agencies and persons competent in publishing, press, post and telecommunications activities and other forms of communication shall control, detect, stop and handle in time acts of abusing these activities for terrorism.

Article 26. Control of activities to ensure food hygiene and safety and medicines

Agencies and persons competent to control food and foodstuff hygiene and safety, animal feed, fertilizers, medicines, veterinary drugs, plant protection drugs and swabs shall detect, stop and handle in time acts of abusing this activity for terrorism.

Article 27. Formulation and implementation of counter-terrorism plans

1. The Ministry of Public Security, the Ministry of National Defense, related ministries and sectors, and People’s Committees at all levels shall, within the scope of their assigned tasks, formulate, train, and drill in, and organize the implementation of, counter-terrorism plans.

2. Agencies, organizations and units identified in the approved counter-terrorism plans shall comply with these plans.

Chapter IV

TERRORISM FIGHTING

Article 28. Terrorism detection

1. Agencies, organizations and individuals shall, through their activities, proactively detect terrorism.

2. The counter-terrorism forces defined at Point a, Clause 1, Article 14 of this Law, shall apply professional and technical measures to detect terrorism; guide and assist agencies, organizations and individuals in identifying terrorism and ways of detecting, reporting and denouncing terrorism.

Article 29. Receipt and handling of terrorism reports and denunciations

1. Upon detection of terrorist signs or acts, agencies, organizations and individuals shall promptly report them to the counter-terrorism forces defined at Point a, Clause 1, Article 14 of this Law or the nearest Public Security offices, army units or People’s Committees. The Public Security offices, army units and People’s Committees shall fully receive terrorism reports and denunciations.

2. Immediately after receiving terrorism reports and denunciations as provided in Clause 1 of this Article or detecting through their activities terrorist signs or acts, the Public Security offices, army units and People’s Committees shall promptly report them to the counter-terrorism forces defined at Point a, Clause 1, Article 14 of this Law, and keep secret the reported information; if detecting that terrorism has occurred, is occurring or having grounds to believe that terrorism will occur, they may immediately apply the urgent counter-terrorism measures defined in Clause 2, Article 16 of this Law.

3. The counter-terrorism forces defined at Point a, Clause 1, Article 14 of this Law, upon receiving terrorism reports and denunciations, shall promptly process information and report them to competent authorities and competent Counter-Terrorism Steering Committees; if detecting that terrorism has occurred, is occurring or having grounds to believe that terrorism will occur, they may apply the urgent counter-terrorism measures defined in Clause 2, Article 16 of this Law.

4. When terrorism occurs, the Counter-Terrorism Steering Committee shall report it to the superior Counter-Terrorism Steering Committee; a counter-terrorism unit shall report it to its immediate superior counter-terrorism unit.

Article 30. Counter-terrorism measures

1. Terrorism fighting is carried out with measures prescribed by this Law and the law on protection of national security and the maintenance of social order and safety.

2. Urgent counter-terrorism measures are those applied immediately after terrorism has occurred or is occurring or when there are grounds to believe that terrorism will occur, aiming to promptly stop terrorism, and eliminate or restrict harms caused by terrorism. Urgent counter-terrorism measures include:

a/ Encircling and blocking the area where terrorism has occurred;

b/ Rescuing hostages, giving first aid to victims, isolating people, removing means and assets out of the dangerous terrorist site;

c/ Negotiating with terrorists;

d/ Encircling, hunting, controlling and capturing terrorists; invalidating weapons, tools and means used for terrorism;

dd/ Attacking and eliminating terrorists, destroying weapons, tools and means used for terrorism;

e/ Stopping means of transport and means of information and communications which are abused for terrorism;

g/ Destroying or dismantling houses and construction works, removing obstacles to counter-terrorism activities; placing obstacles to obstruct terrorist activities;

h/ Protecting, relocating, sheltering and camouflaging facilities and targets being objects of terrorist attacks;

i/ Mobilizing forces and means to fight terrorism.

k/ Checking and blockading accounts and financial sources; stopping money and property transactions; temporarily seizing money and property related to terrorism;

l/ Opening, checking and seizing terrorism-related mails, telegraphs, postal matters, postal parcels and goods packages or bales;

m/ Collecting documents and evidence related to terrorism.

3. The Government shall specify the competence, conditions, order and procedures for application of the urgent counter-terrorism measures defined in Clause 2 of this Article.

Article 31. Fighting terrorism at offices of foreign diplomatic missions and consulates, and representative offices of international organizations or residences of members of these agencies

1. When there are grounds to believe that terrorism has occurred or will occur at offices of foreign diplomatic missions or consulates, representative offices of international organizations or residences of members of these agencies in the Vietnamese territory, agencies, organizations or individuals concerned or persons who know this incident shall promptly report it to the counter-terrorism forces defined at Point a, Clause 1, Article 14 of this Law or the nearest Public Security offices, army units or People’s Committees. The Public Security offices, army units or People’s Committees that receive terrorism reports or denunciations shall receive and process them in accordance with Article 29 of this Law.

2. When fighting terrorism in the offices of foreign diplomatic missions or consulates, representative offices of international organizations or residences of members of these agencies, Vietnamese agencies, organizations and individuals shall comply with the provisions of this Law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 32. Fighting terrorism against overseas Vietnamese agencies, organizations or citizens

When there are grounds to believe that terrorism has occurred or will occur against overseas Vietnamese agencies, organizations or citizens, heads of overseas representative missions of the Socialist Republic of Vietnam shall immediately apply necessary measures according to their competence and in accordance with international law and laws of the host countries and promptly report them to the Ministry of Foreign Affairs and the National Counter-Terrorism Steering Committee.

Chapter V

COMBAT OF TERRORIST FINANCING

Article 33. Detection of terrorist financing, receipt and processing of reports and denunciations on terrorist financing

1. The State Bank, financial institutions, related organizations and individuals engaged in non-financial business lines and other organizations and individuals, when detecting signs or acts of terrorist financing, shall promptly report them to the counter-terrorism forces defined at Point a, Clause 1, Article 14 of this Law.

2. The counter-terrorism forces defined at Point a, Clause 1, Article 14 of this Law shall fully receive reports and denunciations on terrorist financing, promptly process the information and report them to competent authorities and competent Counter-Terrorism Steering Committees; if detecting that terrorist financing has occurred or having grounds to believe that terrorist financing will occur, they may immediately apply the urgent counter-terrorism measures prescribed at Points e, i, k, l and m, Clause 2, Article 30 of this Law.

Article 34. Identification of, updating of information on customers and application of provisional measures

Financial organizations and organizations and individuals engaged in non-financial business lines are obliged to apply measures to identify and update information on customers; when doubting that customers or their transactions are related to terrorist financing or customers are in the black list, they report such to the counter-terrorism force of the Ministry of Public Security and functional unit of the State Bank of Vietnam, and shall apply provisional measures in accordance with the anti-money laundering law.

Article 35. Control of cross-border transport of cash, precious metals, gems and negotiable instruments

Organizations and individuals competent to control the transport of cash, precious metals, gems and negotiable instruments across Vietnamese border as provided in Article 24 of this Law and Article 24 of the Law on Anti-Money Laundering shall detect, stop and promptly handle acts of abusing these activities to finance terrorists.

Chapter VI

INTERNATIONAL COOPERATION ON TERRORISM PREVENTION AND COMBAT

Article 36. International cooperation principles

The Socialist Republic of Vietnam State implements international cooperation in the field of terrorism prevention and combat on the basis of compliance with Vietnamese law and counter-terrorism treaties to which the Socialist Republic of Vietnam is a contracting party; respects the basic principles of international law; ensures independence, sovereignty, unity and territorial integrity of the Fatherland; protects the interests of the State, and the rights and legitimate interests of organizations and individuals.

Article 37. International cooperation contents and responsibility

1. International cooperation contents cover:

a/ Exchange of information on terrorism prevention and combat;

b/ Counter-terrorism training and exercises;

c/ Raising of legal capacity; training in counter-terrorism knowledge and skills;

d/ Enhancement of physical conditions for terrorism prevention and combat;

dd/ Settlement of terrorist cases;

e/ Other international cooperation contents as prescribed by Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with related ministries and sectors in, assisting the Government in negotiating and proposing the conclusion of or accession to treaties related to terrorism prevention and combat; and assume the prime responsibility for, and coordinate with related ministries and sectors in, international cooperation on terrorism prevention and combat.

Article 38. International cooperation on settlement of terrorist cases

International cooperation on settlement of terrorist cases is implemented on the principles laid down in Articles 4 and 36 of this Law and the treaties to which the Socialist Republic of Vietnam is a contracting party. In case the Socialist Republic of Vietnam and concerned countries do not accede to the same multilateral treaty or have yet concluded any bilateral treaty, competent Vietnamese agencies shall implement international cooperation for settlement of terrorist cases on the principles laid down in Articles 4 and 36 of this Law, suitable to their demands and practical capability.

Chapter VII

COUNTER-TERRORISM RESPONSIBILITIES OF STATE AGENCIES

Article 39. Agencies performing the state management of terrorism prevention and combat

1. The Government shall perform the unified state management of terrorism prevention and combat.

2. The Ministry of Public Security is answerable to the Government for assuming the prime responsibility for, and coordinating with the Ministry of National Defense and related ministries and sectors in, performing the state management of terrorism prevention and combat.

3. The People’s Committees at different levels shall, within the scope of their respective tasks and powers, perform the state management of terrorism prevention and combat in their localities.

Article 40. Responsibilities of the Ministry of Public Security

1. In the state management of terrorism prevention and combat, the Ministry of Public Security has the following responsibilities:

a/ To propose to the Government the formulation and improvement of the counter-terrorism law;

b/ To assume the prime responsibility for, and coordinate in, formulating and submitting to competent agencies for promulgation, or promulgate according to its competence legal documents, strategies, programs, plans, schemes and measures for terrorism prevention and combat;

c/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, and guide provincial-level People’s Committees, in organizing the implementation of legal documents, strategies, programs, plans, schemes and measures for terrorism prevention and combat;

d/ To assume the prime responsibility for, and coordinate with the Ministry of National Defense and related ministries and organizations in, promulgating and organizing the implementation of regulations on training and retraining of counter-terrorism officers;

dd/ To assume the prime responsibility for, and coordinate with related agencies and organizations in, implementing the regime of reporting and review of counter-terrorism activities; to recommend and propose counter-terrorism solutions;

e/ To inspect, examine and settle complaints and denunciations in terrorism prevention and combat;

g/ To implement international cooperation on terrorism prevention and combat as provided in Clause 2, Article 37 of this Law.

2. In organizing and implementing terrorism prevention and combat, the Ministry of Public Security has the following responsibilities:

a/ To assign and supply equipment for counter-terrorism forces in the People’s Public Security;

b/ To assume the prime responsibility for, and coordinate with related ministries, sectors, agencies and organizations in, directing and organizing terrorism prevention and combat nationwide as provided in Chapters III, IV and V of this Law; to coordinate with the Ministry of National Defense in directing and organizing terrorism prevention and combat at targets and in areas managed by the Ministry of National Defense;

c/ To direct agencies and units under its management to perform tasks and powers as provided in Chapters III, IV and V of this Law; to detect, investigate and handle terrorist or terrorist financing organizations and individuals in accordance with law;

d/ To perform other tasks in accordance with this Law and other relevant laws.

Article 41. Responsibilities of the Ministry of National Defense

1. To coordinate with the Ministry of Public Security in implementing the provisions of Points c, d of Clause 1 and Point b of Clause 2, Article 40 of this Law.

2. To assume the prime responsibility for, and coordinate with the Ministry of Public Security, related agencies and organizations in, terrorism prevention and combat at targets and in areas managed by the Ministry of Defense.

3. To assign, supply equipment for, and direct the operation of, counter-terrorism forces of the Ministry of National Defense.

4. To direct agencies and units under its management to coordinate with People’s Public Security agencies and units in formulating counter-terrorism plans and organizing counter-terrorism training and drills.

5. To direct the border guard to coordinate with People’s Public Security agencies and units, customs offices and other agencies and units in applying counter-terrorism measures through the control of people on exit, entry and transit at the border gates managed by the border guard.

6. To coordinate with the Ministry of Public Security and the Ministry of Foreign Affairs in international cooperation on terrorism prevention and combat according to its competence.

Article 42. Responsibilities of the Ministry of Foreign Affairs

1. To organize within the scope of its tasks and powers counter-terrorism activities in accordance with this Law and other relevant laws.

2. To direct agencies and units under its management to readily participate in terrorism prevention and combat under mobilization decisions of competent persons.

3. To direct the heads of overseas representative missions of the Socialist Republic of Vietnam to coordinate with functional authorities of the host countries’ in terrorism prevention and combat.

4. To coordinate with the Ministry of Public Security in formulating counter-terrorism schemes and organizing counter-terrorism training and drills.

5. To coordinate with the Ministry of Public Security, the Ministry of National Defense and localities where the offices of foreign diplomatic missions and consultants and representative offices of international organizations are located in formulating security schemes and plans to respond to circumstances upon occurrence of terrorism.

6. To coordinate with functional agencies in ensuring security and safety for foreign delegations on working visits to Vietnam. To coordinate with related agencies and localities in managing and guiding press activities of foreign reporters when terrorist activities occur.

7. To coordinate with Vietnam-based diplomatic missions and consulates of countries where exist high risks of terrorism in exchanging information on, and suggesting measures to prevent and stop terrorism, drawing up, training and drill in, counter-terrorism circumstances.

8. To coordinate with the Ministry of Public Security, related ministries and sectors in, international cooperation on terrorism prevention and combat, negotiating, concluding, acceding to, and implementing treaties and international agreements on terrorism prevention and combat.

Article 43. Responsibilities of the Ministry of Transport

1. To organize within the scope of its tasks and powers counter-terrorism activities in accordance with this Law and other relevant laws.

2. To direct agencies and units under its management to readily participate in terrorism prevention and combat under mobilization decisions of competent persons.

3. To coordinate with the Ministry of Public Security, the Ministry of National Defense, related ministries and sectors and local People’s Committees in formulating, organizing the training and drills in, the implementation of, schemes to prevent and combat aircraft or ship hijacks, hostage kidnappings, explosions on aircraft, ships, trains and other mass transit means, ensuring security and safety of airports, ports, railway stations and car terminals.

4. To coordinate with the Ministry of Public Security, the Ministry of National Defense and local People’s Committees in maintaining security and order at important airports, railway stations, wharves, car terminals, seaports, bridges and road tunnels; to control operators of means of transport, passengers and means of transport themselves in order to detect, stop and handle terrorist activities.

Article 44. Responsibilities of the Ministry of Finance

1. To organize within the scope of its tasks and powers counter-terrorism activities in accordance with this Law and other relevant laws.

2. To direct agencies and units under its management to readily participate in terrorism prevention and combat under mobilization decisions of competent persons.

3. To direct customs offices to coordinate with People’s Public Security, border-guard units and other related agencies in, applying counter-terrorism measures in the control of goods and means on entry and exit or in transit.

Article 45. Responsibilities of the State Bank of Vietnam

1. To organize within the scope of its tasks and powers counter-terrorism activities in accordance with this Law and other relevant laws.

2. To direct agencies and units under its management to readily participate in terrorism prevention and combat under mobilization decisions of competent persons.

3. To receive information and reports on transactions suspected to be related to terrorism or terrorist financing from financial institutions and organizations or individuals engaged in non-financial business lines; when there are grounds to believe that transactions are related to terrorism or terrorist financing, to promptly report them to the counter-terrorism forces of the Ministry of Public Security and coordinate in the verification thereof.

4. To coordinate with the Ministry of Public Security in international cooperation on terrorism prevention and combat.

Article 46. Responsibilities of the Ministry of Information and Communications

1. To organize within the scope of its tasks and powers counter-terrorism activities in accordance with this Law and other relevant laws.

2. To direct agencies and units under its management to readily participate in terrorism prevention and combat under mobilization decisions of competent persons.

3. To direct publishing, press, post, telecommunications, information technology agencies and enterprises to:

a/ Ensure information safety and security for counter-terrorism activities;

b/ Coordinate with public security and army units in formulating and applying measures to prevent and combat terrorism at publishing, press, post, telecommunications, information technology establishments and communications networks; controlling publishing, press, postal, telecommunications and information technology activities in order to detect and handle acts of abusing those activities for terrorism and terrorist financing;

c/ Manage terrorism reports in the mass media; to propagate and educate the population so as to raise their sense of terrorism prevention and combat; to struggle against information and communication activities of terrorist organizations and individuals.

Article 47. Responsibilities of related ministries and sectors in terrorism prevention and combat

1. To organize within the scope of their tasks and powers counter-terrorism activities in accordance with this Law and other relevant laws.

2. To coordinate with the Ministry of Public Security in performing the state management of terrorism prevention and combat within the scope of their tasks and powers.

3. To direct agencies and units under their management to readily participate in terrorism prevention and combat under mobilization decisions of competent persons.

Article 48. Responsibilities of People’s Procuracies and People’s Courts

The People’s Procuracies and People’s Courts shall, within the scope of their tasks and powers, promptly handle criminal acts of terrorism and terrorist financing; and coordinate with related agencies and organizations in terrorism prevention and combat in accordance with law.

Article 49. Responsibilities of People’s Committees at all levels

1. To perform within the scope of their tasks and powers the state management of terrorism prevention and combat in localities; to organize counter-terrorism activities in accordance with this Law and other relevant laws.

2. To coordinate with Vietnam Fatherland Front and socio-political organizations of the same level in building up the movement of all people protecting the security of the fatherland and participating in terrorism prevention and combat.

3. To direct local people’s armed forces and functional agencies to carry out counter-terrorism activities in localities.

4. To submit to competent authorities for decision the budgets for terrorism prevention and combat; to organize the management and use of the budgets for terrorism prevention and combat in accordance with the Law on State Budget.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 50. Effect

This Law takes effect on October 1, 2013.

Article 51. Implementation detailing and guidance

The Government shall detail and guide the implementation of articles and clauses of this Law as assigned.

This Law was passed on June 12, 2013, by the XIII^th  National Assembly of the Socialist Republic of Vietnam at its 5^th session.-

Chairman of the National Assembly
NGUYEN SINH HUNG