Resolution No. 130/2020/QH14 the participation in the United Nations peacekeeping forces

Resolution

On the participation in the United Nations peacekeeping forces^[1]

THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Law No.80/2015/QH13 on the Promulgation of Legal Documents;

RESOLVES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Resolution prescribes the principles, forms, fields, forces, competence, force deployment process, funding, regimes, and policies for, and the state management of, the participation in the United Nations (UN) peacekeeping forces.

Article 2. Subject of application

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

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

Article 3. Interpretation of terms

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

1. UN peacekeeping forces means the forces of UN member countries appointed to participate in the UN peacekeeping operations in order to maintain and preserve peace and security in conflict-affected countries and regions in the world, which are carried out under resolutions of the UN Security Council and placed under the UN management.

2. UN peacekeeping mission (below referred to as mission) means an organization set up under a resolution of the UN Security Council, with the consensus of relevant governments and parties, managed and directed by the UN, aiming to maintain and preserve peace and security in the country where the mission is deployed.

3. Vietnamese forces participating in the UN peacekeeping operations (below referred to as Vietnamese forces) include individuals, units, weapons, equipment and facilities of the Ministry of National Defense and the Ministry of Public Security that are assigned to perform the task of participating in the UN peacekeeping operations.

4. Reimbursement money of the UN means a sum of money paid by the UN to the Vietnamese Government for the participation of Vietnamese forces in the UN peacekeeping operations.

5. New consignment means the dispatch of Vietnamese forces to participate in the UN peacekeeping operations with a new position and in a new geographical area or field.

6. Rotary and replacement consignment means the dispatch of other forces to periodically or unexpectedly replace the forces currently performing UN peacekeeping tasks.

Article 4. Principles of participation in the UN peacekeeping forces

1. To be placed under the absolute, direct and all-sided leadership of the Communist Party of Vietnam; decisions of the National Defense and Security Council; the supreme command of the President and the state management of the Government.

2. To comply with the Vietnamese Constitution and law; to conform to the UN Charter, international law and treaties to which the Socialist Republic of Vietnam is a contracting member.

3. To ensure independence, sovereignty, peace, friendship, cooperation and development; to conform to Vietnam’s national interests, capacity and conditions; to respect the sovereignty and territorial integrity of nations.

4. To participate only in overcoming the consequences of wars and maintaining post-conflict peace for humanitarian purposes at the request of the UN.

5. To deploy forces only in countries or regions where the UN missions have been established and at the UN agencies.

Article 5. Forms and fields of participation in the UN peacekeeping forces

1. Forms of participation include:

a/ Participation by individuals;

b/ Participation by units.

2. Fields of participation include:

a/ Advice;

b/ Logistics;

c/ Technique;

d/ Information and communications;

dd/ Sapper;

e/ Military medicine;

g/ Policing;

h/ Military patrol;

i/ Military observer;

k/ Election observer and supervisor;

l/ Other fields as decided by the National Defense and Security Council.

Article 6. Handling of violations, settlement of disputes and complaints

1. Vietnamese individuals and units that breach Vietnam’s law, the laws of host countries or UN regulations during their participation in the UN peacekeeping forces shall be handled in accordance with Vietnam’s law and UN regulations.

2. The settlement of disputes and complaints between Vietnamese forces and the UN or a third party during the participation in the UN peacekeeping operations must comply with the agreement between Vietnam and the UN.

Chapter II

VIETNAMESE FORCES PARTICIPATING IN THE UNITED NATIONS PEACEKEEPING OPERATIONS

Article 7. Tasks and powers of individuals and units participating in the UN peacekeeping operations

1. Individuals and units participating in the UN peacekeeping operations have the following tasks:

a/ To perform the tasks within the fields of participation which are assigned by competent UN authorities under the agreement between Vietnam and the UN;

b/ To advise competent Vietnamese authorities on building the capacity to participate in the UN peacekeeping forces and other relevant fields;

c/ To protect Vietnam’s position and prestige; to promote the Vietnamese historical and cultural values and images of the Vietnamese land and people; to respect the law, administrations, people, culture, customs and practices in countries or regions where the Vietnamese forces are consigned to;

d/ To perform other tasks assigned by competent Vietnamese authorities.

2. Individuals and units participating in the UN peacekeeping operations have the following powers:

a/ To use weapons, explosives, supporting instruments, equipment and facilities assigned by Vietnam and the UN under regulations for the performance of tasks;

b/ Other powers as prescribed by Vietnam’s law and assigned under UN regulations and agreements between Vietnam and the UN.

Article 8. Force building

1. The Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Public Security and related ministries and sectors in, making medium- and long-term plans on building the Vietnamese forces participating in the UN peacekeeping operations and submit them to the Prime Minister for consideration and decision.

2. The Minister of National Defense and the Minister of Public Security shall prescribe the staff, organization and standards of forces under their respective management for participation in the UN peacekeeping operations.

3. The Ministry of National Defense and the Ministry of Public Security shall recruit and train individuals and units participating in the UN peacekeeping operations in terms of speciality, skills, politics, law and foreign languages suitable to the requirements of tasks, fields, geographical areas and gender.

Article 9. Commanders of mission-based Vietnamese forces

1. The Vietnamese forces participating in the UN peacekeeping operations at each mission shall be led by a commander.

2. In case a mission is participated only by the force of the Ministry of National Defense or the Ministry of Public Security, the highest commander of such force shall be the commander of the Vietnamese force.

3. In case a mission is participated by the forces of both the Ministry of National Defense and the Ministry of Public Security, the highest commander of the Ministry of National Defense’s force shall be the commander of the Vietnamese force.

4. The Government shall define the tasks and powers of commanders of mission-based Vietnamese forces.

Article 10. Uniforms and equipment of Vietnamese forces

1. During their participation in the UN peacekeeping operations, Vietnamese forces shall use the uniforms prescribed by the UN.

2. Individuals and units participating in the UN peacekeeping operations shall be assigned to manage and use weapons, explosives, supporting instruments, equipment, other necessary vehicles and materials for task performance.

3. The management and use of weapons, explosives and supporting instruments during the participation in the UN peacekeeping operations must comply with Vietnam’s law, UN regulations and treaties to which the Socialist Republic of Vietnam is a contracting member.

4. The Government shall prescribe specific colors and identification signs of facilities and vehicles used for training and task performance.

Chapter III

COMPETENCE AND PROCESS FOR DEPLOYING VIETNAMESE FORCES

Article 11. Competence to decide on the dispatch, adjustment and withdrawal of Vietnamese forces

The National Defense and Security Council shall decide on the dispatch, adjustment and withdrawal of Vietnamese forces participating in the UN peacekeeping operations.

Article 12. Process of dispatching, adjusting and withdrawing Vietnamese forces

1. The Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, reporting to the Government for submission to the National Defense and Security Council for in-principle decision to dispatch, adjust or withdraw Vietnamese forces.

2. Based on the decision of the National Defense and Security Council, the Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, reporting to the Government for proposal to the President-Chairperson of the National Defense and Security Council to issue a decision on dispatch, adjustment or withdrawal of Vietnamese forces.

3. Based on the decision of the President-Chairperson of the National Defense and Security Council, the Minister of National Defense and Minister of Public Security shall make decisions with respect to specific forces according to their competence.

4. The Government shall stipulate in detail the reporting of the Ministry of National Defense and Ministry of Public Security in Clauses 1 and 2 of this Article.

Article 13. Process of rotary and replacement dispatch

1. Annually, the Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, reporting to the Government for submission to the National Defense and Security Council plans on dispatch of rotary and replacement forces.

2. Based on the decision of the National Defense and Security Council, the Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, reporting to the Government for proposal to the President-Chairperson of the National Defense and Security Council to issue a decision on dispatch of rotary and replacement forces.

3. Based on the decision of the President-Chairperson of the National Defense and Security Council, the Minister of National Defense and Minister of Public Security shall issue decisions with respect to specific forces for each rotary and replacement dispatch according to their competence.

4. The Government shall stipulate in detail the reporting of the Ministry of National Defense and Ministry of Public Security in Clauses 1 and 2 of this Article.

Chapter IV

FUNDING AND REGIMES AND POLICIES

Article 14. Funding

1. The state budget shall allocate funds for participation in the UN peacekeeping forces and compensation for damage caused to the UN or a third party due to the faults of Vietnamese forces.

2. Reimbursement money of the UN and lawful funding sources shall be remitted into the state budget and managed and used in accordance with law.

3. The Government shall decide on the compensation for damage caused by Vietnamese forces.

Article 15. Regimes and policies

1. Individuals and units directly or indirectly involved in the UN peacekeeping operations are entitled to the regimes and policies conformable to the characteristics of their tasks and operations as prescribed by the Government.

2. While participating in the UN peacekeeping forces, individuals and units that record achievements in their task performance shall be commended in accordance with Vietnam’s law and UN regulations; the Ministry of National Defense and Ministry of Public Security shall adopt preferential policies on posting and employment of individuals who have accomplished their tasks of participating in the UN peacekeeping forces.

3. Individuals who suffer injuries, ailments, accidents or loss of life while performing the task of participating in the UN peacekeeping forces are entitled to the regimes and policies prescribed by Vietnam’s law and UN regulations.

Chapter V

STATE MANAGEMENT

Article 16. State management contents

1. To promulgate legal documents on participation in the UN peacekeeping forces.

2. To formulate, and organize the implementation of, schemes and plans on participation in the UN peacekeeping forces.

3. To direct the performance of tasks of participation in the UN peacekeeping forces.

4. To disseminate the law on participation in the UN peacekeeping forces.

5. To examine, inspect, settle complaints and denunciations, make preliminary and final reviews, give rewards, and handle violations in the field of UN peacekeeping.

6. To carry out international cooperation in the field of UN peacekeeping.

Article 17. Tasks and powers of the Government, ministries and ministerial-level agencies

1. The Government shall perform the unified state management of the participation in the UN peacekeeping forces.

2. The Ministry of National Defense shall assist the Government in performing the state management of the participation in the UN peacekeeping forces and has the following tasks and powers:

a/ To assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies in, formulating legal documents, schemes and plans on the participation in the UN peacekeeping forces and submit them to competent authorities for decision or decide on them by itself according to its competence;

b/ To manage, command and direct the Vietnam Department of Peacekeeping Operations in making nationwide coordination of  the participation in the UN peacekeeping forces and performing other relevant tasks and powers as assigned;

c/ To build, manage, command and administer the Vietnamese forces participating in the UN peacekeeping operations under its competence.

3. Ministries and ministerial-level agencies have the following tasks and powers:

a/ The Ministry of Public Security shall build, manage, command and administer the Public Security forces participating in the UN peacekeeping operations;

b/ The Ministry of Foreign Affairs shall advise the Government on diplomatic issues related to the participation in the UN peacekeeping forces;

c/ Ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, coordinate with the Ministry of National Defense in advising the Government on the performance of the state management of the participation in the UN peacekeeping forces.

Chapter VI

IMPLEMENTATION PROVISION

Article 18. Effect

This Resolution takes effect on July 1, 2021.

This Resolution was adopted on November 13, 2020, by the XIV^th National Assembly of the Socialist Republic of Vietnam at its 10^th session.-

Chairwoman of the National Assembly
Nguyen Thi Kim Ngan