Law on Management and Protection of Defense Works and Military Zones No. 25/2023/QH15

LAW

on Management and Protection of Defense Works and Military Zones^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Management and Protection of Defense Works and Military Zones.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides the management and protection of defense works and military zones; rights, obligations and responsibilities of agencies, units, organizations, family households and individuals; and regimes and policies in the management and protection of defense works and military zones.

Article 2. Interpretation of terms

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

1. Defense works means delimited or transformed construction works and natural terrains and ground objects which are managed and protected by the army, agencies or organizations as assigned to serve military and national defense activities and defense activities to defend the Fatherland. Defense works may be located inside or outside military zones.

2. Military zone means a delimited area established on the ground surface, underground, on water surface, underwater, or in the space which is determined as exclusively used for military and national defense purposes.

3. Ammunition storage means a type of defense works or military zones used for storage, manufacturing, repair and disposal of ammunitions, materials and explosives of the Vietnam People’s Army.

4. Military antenna system means a type of defense works or military zones, consisting of a synchronous complex of equipment used for radiation or receipt of electromagnetic waves in space, serving the performance of military and national defense tasks of strategic- and campaign-level authorities of the Vietnam People’s Army.

5. Restricted area means an area delimited on the ground surface, underground, on water surface, underwater, or in the space, of a national defense work or military zone which is established to strictly control activities of persons and vehicles, ensure security and safety and prevent and combat acts of intrusion, sabotage, or collection of state secrets and military secrets.

6. Protected area means an area delimited on the ground surface, underground, on water surface, underwater, or in the space around a restricted area which is established to control activities of persons and vehicles and ensure security and safety for defense works and military zones.

7. Safety belt means an area delimited by the surrounding boundaries outside a restricted area or protected area which is established to meet management and protection requirements so as to ensure security and safety for defense works and military zones.

8. Defense work and military zone protection scope means a spatial limit established for management and protection of defense works and military zones which may cover restricted areas, protection areas and safety belts, or cover restricted areas only, or cover restricted areas and protected areas only, or cover restricted areas and safety belts only. For an ammunition storage, its protection scope covers restricted areas and safety belts of the ammunition storage; for a military antenna system, its protection scope covers restricted areas and technical safety corridors of the military antenna system.

9. Ammunition storage safety belt means an area around an ammunition storage which is located between the interior limit and the exterior limit with a distance equal to the safety radius, covering the area on the ground surface, underground, on water surface, underwater, or in the space.

10. Baseline of ammunition storages means a closed line linking the exterior points or sides of the outmost ammunition storages of an ammunition storage area, which is used as a landmark to determine the interior limit of the ammunition storage safety belt.

11. Interior limit of ammunition storage safety belt means a closed line with a certain distance from the baseline of an ammunition storage, depending on the nature and characteristics of the ammunition storage.

12. Exterior limit of ammunition storage safety belt means a closed line of the outmost points of the ammunition storage safety radius.

13. Ammunition storage safety radius means the smallest distance counted from the interior limit of the ammunition storage safety belt to the outside surrounding areas to ensure safety for persons and assets on the ground surface, underground, on water surface, underwater, or in the space in case of occurrence of fire or explosion incidents to the ammunition storage.

14. Military antenna system’s technical safety corridor means an area on the ground surface, underground, on water surface, underwater, or in the space which is delimited from the exterior edge of the military antenna system to the surrounding area at a given distance, depending on the technical features of every antenna system, to ensure the normal operation of the military antenna system.

15. Exterior edge of military antenna system means a closed line of the outmost points of a military antenna system.

16. Antenna obstacle means an obstruction, a reflective object or a radiant object which is created by nature or humans and affects the ability to transmit, emit and receive electromagnetic waves within the space of a military antenna system.

Article 3. Principles of management and protection of defense works and military zones

1. Complying with the Constitution and law; conforming with treaties to which the Socialist Republic of Vietnam is a contracting party and relevant international agreements; protecting the interests of the State and lawful rights and interests of organizations and individuals.

2. Managing and protecting defense works and military zones constitute key and regular tasks and the responsibility of the entire people and the entire political system, in which the People’s Army acts as the core.

3. Combining the management and protection of defense works and military zones with socio-economic development, associating socio-economic development with management and protection of defense works and military zones.

4. The management and protection of defense works and military zones must ensure uniformity under approved master plans and plans; and ensure secrecy, safety, proper purposes, utility, and suitability to each type or group of defense works and military zones.

Article 4.  The State’s policies on management and protection of defense works and military zones

1. To ensure resources for management and protection of defense works and military zones, giving priority to national defense-related strategic and key geographical areas, and particularly important defense works and military zones, and meet the requirements of military and national defense tasks and Fatherland defense tasks.

2. To adopt appropriate regimes and policies for the forces engaged in the management and protection of defense works and military zones.

3. To adopt appropriate regimes and policies in order to meet local socio-economic development requirements and guarantee lawful rights and interests of organizations, households and individuals impacted or affected by the management and protection of defense works and military zones.

4. To research and apply advanced and modern sciences and technologies to the management and protection of defense works and military zones.

Article 5. Classification of defense works and military zones

1. Based on their functions, tasks and use purposes, defense works and military zones shall be classified into class A, class B, class C and class D.

2. Class-A defense works and military zones serving defense combat tasks to defend the Fatherland include:

a/ Defense works, including command works, combat-serving works and works for combat-prop activities; wartime evacuation works of committees, ministries and central agencies; military aerodromes, military ports; natural caves transformed or planned for use for combat and defense tasks; ancient citadels, ancient fortresses, tunnels, trenches, and bunkers left from the past;

b/ Military zones, including areas of commands of different levels, military bases, and areas for combat fields and combat-prop activities.

3. Class-B defense works and military zones serving training and drill tasks of the army and militia and self-defense forces include:

a/ Defense works, including shooting ranges and training grounds;

b/ Military zones, including shooting ranges, training centers, and areas serving military exercises of the Ministry of National Defense.

4. Class-C defense works and military zones serving storage, repair and destruction of weapons, ammunitions and equipment, and research, testing and manufacturing of defense products include:

a/ Defense works for storage of ammunitions, weapons and technical equipment of different levels; storage of logistics and petroleum in service of the army; and works serving research, testing, manufacturing and destruction of weapons, ammunitions and equipment;

b/ Military zones, including ammunition, weapon, technical equipment and logistics storages; defense factories and enterprises, weapon research and testing institutions, and areas for weapon and ammunition disposal and destruction.

5. Class-D defense works and military zones serving daily-life, study and regular work activities of the army include:

a/ Defense works, including working offices, houses, canteens, kitchens, meeting halls, special-use buildings and technical infrastructure facilities;

b/ Military zones, including headquarters of military agencies at different levels, barracks, academies, schools, research institutes, hospitals, clinics, military sanatoria, defense culture-sports centers, official residences, administrative offices, military museums, and detention facilities.

6. The Government shall detail this Article.

Article 6. Grouping of defense works and military zones

1. Based on their importance and management and protection requirements, defense works and military zones shall be divided into special group, group I, group II and group III.

2. The special group covers particularly important defense works and military zones subject to extremely strict management and protection measures in order to ensure absolute secrecy and safety:

a/ Defense works and military zones serving Party and State leaders and strategic-level agencies and units of the Ministry of National Defense; and defense works and military zones playing the decisive role in protecting combat and defense forces and facilities to defend the Fatherland;

b/ Works and institutions for special research, testing and manufacturing of weapons and equipment;

c/ Other works as decided by the Prime Minister.

3. Group I covers very important defense works and military zones subject to very strict management and protection requirements to ensure secrecy and safety:

a/ Class-A defense works and military zones serving combat tasks for protecting borders, air space, maritime zones and islands, and serving military and defense tasks of campaign-level authorities; and wartime evacuation works of committees, ministries and central agencies;

b/ Class-B military zones, including national military training centers, shooting ranges of military regions or equivalent; regional shooting ranges and sea shooting ranges; shooting range facilities and training grounds built within the military zones specified at this Point;

c/ Class-C military zones, including storages of ammunitions, weapons, technical equipment and logistics; factories and enterprises manufacturing and repairing weapons and ammunitions; strategic-level areas for weapon and ammunition testing, disposal and destruction; defense works serving storage, repair and destruction of weapons, ammunitions and equipment, and research, testing and manufacturing of defense products which are built within the military zones specified at this Point;

d/ Class-D military zones, including working office of the Ministry of National Defense; defense works serving daily-life, study and regular work activities which are built within the military zones specified at this Point.

4. Group II covers defense works and military zones subject to strict management and protection requirements to ensure secrecy and safety:

a/ Class-A defense works and military zones serving military and defense tasks of tactical level;

b/ Class-B military zones, including shooting ranges of divisions, provincial-level military commands and the equivalent; training centers and grounds, specialized shooting ranges; and shooting ranges and training grounds which are built within the military zones specified at this Point;

c/ Class-C military zones, including storages of ammunitions, weapons, technical equipment, logistics; factories and enterprises manufacturing and repairing weapons and ammunitions; factories manufacturing defense products of campaign level; defense works serving storage, repair and destruction of weapons, ammunitions and equipment, and research, testing and manufacturing of defense products which are built within the military zones specified at this Point;

d/ Class-D military zones, including working offices of agencies of military regions, army corps, army services, arms and equivalent; defense works serving daily-life, study and regular work activities which are built within the military zones specified at this Point.

5. Group III covers defense works and military zones subject to management and protection measures to ensure secrecy and safety:

a/ Class-A defense works and military zones, including ancient citadels, ancient fortresses, tunnels, trenches and bunkers left from the past;

b/ Class-B military zones, including shooting ranges and training grounds of regiment, district and equivalent or lower levels; shooting ranges and training grounds built within the military zones specified at this Point;

c/ Class-C military zones, including storages of ammunitions, weapons, technical equipment, and logistics of tactical level; defense works serving storage, repair and destruction of weapons, ammunitions and equipment which are built within the military zones specified at this Point;

d/ Class-D military zones, including working offices of division-level agencies, military commands of provincial and equivalent or lower levels; academies, schools, research institutes, hospitals, clinics, military sanatoria; defense culture-sports centers; official residences; military museums; detention facilities; and defense works serving daily-life, study and regular work activities which are built within the military zones specified at this Point.

6. The Government shall detail this Article.

Article 7. Dual-use works

1. Dual-use works means works used for military, defense and civil purposes, including dual-use civil works and dual-use defense works which are decided by competent authorities upon approval of investment policy or repurposing.

2. Agencies in charge of appraising investment policy for projects on dual-use civil works shall collect comments of the Ministry of National Defense on the dual use of such works before submitting them to competent authorities for approval.

3. Dual-use work owners shall provide design and as-built documents to, and coordinate with, agencies and units of the Ministry of National Defense in listing, classification, grouping and management of documents under the Ministry of National Defense’s regulations.

4. The Minister of National Defense shall assume the prime responsibility for, and coordinate with related ministers, heads of central agencies and chairpersons of provincial-level People’s Committees in, submitting to the Prime Minister for decision the dual use or abrogation of dual use of defense works.

5. The Minister of National Defense shall decide on the definite-time repurposing of dual-use works used for civil purposes into those used for military purposes in emergency cases for the performance of defense tasks, in the state of war or the state of defense emergency.

6. Management and protection of dual-use works:

a/ Dual-use works used for civil purposes shall be managed and used under relevant regulations and included in files for their management, statistics and inventory under Articles 10 and 14 of this Law;

b/ Dual-use works used for military and defense purposes shall be managed and protected in accordance with this Law;

c/ In case dual-use works are used simultaneously for military/defense and civil purposes, their owners shall assume the prime responsibility for, and coordinate with related agencies, units and localities in, organizing the management and protection of the works in accordance with this Law and relevant laws;

d/ The renovation and repair of dual-use civil works that result in alteration of utilities for military or defense purposes may be carried out only after the consent of the Ministry of National Defense is obtanined.

7. The change of owners of dual-use civil works or the delisting of dual-use works may be carried out only after the consent of the Ministry of National Defense and permission of competent authorities are obtained.

8. The State shall adopt policies to encourage organizations and individuals to build dual-use works or repurpose civil works into dual-use works.

Article 8. Prohibited acts  

1. Appropriating, occupying, encroaching upon or illegally infringing on, sabotaging or damaging the architecture, structures or equipment of defense works and military zones.

2. Illegally collecting, appropriating, destroying or revealing secrets of, dossiers, documents and/or information on defense works and military zones.

3. Illegally or improperly using, repurposing or dismantling defense works and removing military zones in contravention of law.

4. Building, operating or installing equipment, thus affecting the architecture, structure, utility, safety or secrecy of defense works and military zones.

5. Obstructing or opposing forces in performing the tasks of, or agencies, organizations and individuals engaged in, the management and protection of defense works and military zones.

6. Taking advantage of or abusing positions, powers and tasks in the management and protection of defense works and military zones for self-seeking purposes, infringing upon the interests of the State and lawful rights and interests of organizations, households and individuals.

Chapter II

MANAGEMENT OF DEFENSE WORKS AND MILITARY ZONES

Article 9. Contents of management of defense works and military zones

1. Compiling dossiers of management of defense works and military zones.

2. Preserving and maintaining defense works.

3. Repurposing defense works and military zones.

4. Dismantling defense works or removing military zones.

5. Making statistics and inventories of defense works and military zones.

Article 10. Compilation of dossiers of management of defense works and military zones

1. A dossier of management of a defense work or military zone must comprise:

a/ The map showing the location of the defense work or military zone;

b/ The cadastral map or diagram showing the scope of land use and land with water surface, accompanied with the land-use rights certificate or competent authority’s decision on allocation of land areas or land areas with water surface or sea areas for management and use;

c/ The maps, diagrams and documents showing the boundary markers of restricted areas, protected areas, safety belts, safety belts of ammunition storages, and technical safety corridors of military antenna systems;

d/ Design and as-built documents as specified by the construction law and relevant laws; for ancient citadels, ancient fortresses, shelters, trenches and bunkers left from the past that are not accompanied with design and as-built documents and defense works whose design and as-built documents are no longer available, it is required to make drawings and diagrams of their current state;

dd/ Other relevant documents.

2. Responsibility for compiling dossiers on management of defense works and military zones:

a/ The work owners shall assume the prime responsibility for, and coordinate with related agencies, units and localities in, compiling management dossiers for newly built or established defense works and military zones;

b/ Units assigned to manage defense works and military zones shall assume the prime responsibility for, and coordinate with related agencies, units and localities in, compiling management dossiers for defense works and military zones other than those specified at Point a of this Clause.

3. Dossiers shall be classified into confidentiality levels suitable to each type or group of defense works and military zones; and archived, managed and used in accordance with this Law and the law on protection of state secrets.

4. The Minister of National Defense shall detail this Article.

Article 11. Preservation and maintenance of defense works

1. Defense works shall be preserved and maintained on a regular and periodical basis according to relevant regimes, standards and economic-technical norms, ensuring safety to maintain their usability according to their functions and tasks.

2. Units managing and protecting defense works shall preserve and maintain the works according to preservation and maintenance plans and process as suitable to each type or group of defense works and equipment installed therein.

3. Class-A defense works during peacetime shall be preserved and maintained on a regular basis or sealed or covered, and shall be sealed off and uncovered to meet arising task requirements.

4. The Minister of National Defense shall detail this Article.

Article 12. Repurposing of defense works and military zones

1. The repurposing of defense works and military zones may not affect military and defense tasks, ensuring state secrets; and must conform with the approved master plan on the system of defense works and military zones.

2. Cases in which defense works and military zones are entitled to repurposing:

a/ Repurposing of defense works and military zones that are managed by the Ministry of National Defense to meet military and defense task requirements;

b/ Defense works and military zones are no longer needed for military and defense tasks, and need to be repurposed to serve socio-economic development and the people’s needs;

c/ Defense works and military zones are still needed for military and defense tasks but located within the scope of socio-economic development projects under relevant approved master plans and the repurposing is approved in writing by the Ministry of National Defense in the course of approval of investment policy for the projects.

3. Competence to decide on repurposing of defense works and military zones:

a/ The Prime Minister shall decide on repurposing of defense works and military zones, for the cases specified at Points b and c, Clause 2 of this Article, while considering and approving land recovery under the land law with regard to land areas embracing defense works and military zones to be repurposed;

b/ The Minister of National Defense shall decide on or decentralize the competence to decide on repurposing of defense works and military zones specified at Point a, Clause 2 of this Article.

4. The repurposing of defense works and military zones in the case specified at Point c, Clause 2 of this Article is as follows:

a/ Provincial-level People’s Committees shall arrange land areas for establishment of military zones in new locations as suitable to military and defense tasks;

b/ Agencies, organizations and project owners shall pay compensation and carry out support work for construction of defense works and establishment of military zones in new locations, which must facilitate the performance of military and defense tasks in accordance with this Law and relevant laws.

5. For cases of repurposing of defense works and military zones in association with the recovery of land for defense purposes, the compensation and support work must comply with this Law and relevant laws.

6. The Government shall detail this Article.

Article 13. Dismantlement of defense works or removal of military zones

1. Defense works shall be dismantled in the following cases:

a/ They are seriously damaged or degraded, affecting safety during their management, operation and use;

b/ The assigned tasks have been accomplished, for makeshift constructions or installations;

c/ They are no longer needed for military and defense tasks but not entitled to repurposing to meet the requirement of assurance of state secrets;

d/ They are located within the scope of socio-economic development projects while agencies, organizations or project owners no longer wish to use the works or have to dismantle them to protect state secrets;

dd/ They are dismantled for dealing with emergency situations under competent authorities’ decisions.

2. Military zones shall be removed in the following cases:

a/ They are removed to meet military and defense tasks;

b/ They are removed for implementation of socio-economic development projects under relevant approved master plans.

3. Competence to decide on dismantlement of defense works or removal of military zones:

a/ The Prime Minister shall decide on removal of military zones in the case specified at Point a, Clause 2 of this Article that involves land recovery, and the case specified at Point b, Clause 2 of this Article;

b/ The Minister of National Defense shall decide on or decentralize the competence to decide on dismantlement of defense works specified in Clause 1 of this Article; and decide on removal of military zones in the case specified at Point a, Clause 2 of this Article but not falling into the case specified at Point a of this Clause.

4. The dismantlement of defense works and removal of military zones specified in Clauses 1 and 2 of this Article must comply with plans and solutions approved by competent authorities.

5. Funds for dismantlement of defense works and removal of military zones:

a/ State budget funds shall be allocated for the cases specified at Points a, b, c and dd, Clause 1 of this Article and the case specified at Point a, Clause 2 of this Article, that do not involve recovery of land for defense purposes;

b/ Agencies, organizations and project owners shall be responsible for making payment for the cases specified at Point d, Clause 1; and Point a, Clause 2, of this Article that involve recovery of land for defense purposes, and Point b, Clause 2 of this Article.

6. The Minister of National Defense shall specify procedures for dismantlement of defense works and removal of military zones.

Article 14. Making of statistics and inventories on defense works and military zones

1. Units assigned to manage and use defense works and military zones shall make statistics, inventories and total inventories thereon in accordance with the law on management and use of public property, statistics law and relevant laws.

2. Time for making statistics and inventories:

a/ Making of regular statistics to meet requirements and tasks for management and protection of defense works and military zones;

b/ Making of inventories at the end of an annual accounting period;

c/ Making total inventories once every 5 years or under the Prime Minister’s decisions.

Article 15. Responsibility for management of defense works and military zones

1. The Minister of National Defense shall assign units on its payroll to perform full-time management and protection of defense works and military zones of Special Group and Class-A Group-I defense works that are unsealed or uncovered.

2. Agencies and units of the Ministry of National Defense that use or are assigned to manage defense works and military zones of groups I, II and III shall manage such works and zones, except the defense works specified in Clause 1 of this Article.

3. Within the ambit of their functions and tasks, committees, ministries and central sectors shall assume the prime responsibility for, and coordinate with the Ministry of National Defense and provincial-level People’s Committees of localities where their wartime evacuation works are located in, organizing the management contents specified in Article 9 of this Law.

4. Within the ambit of their functions and tasks, the People’s Committees at different levels shall coordinate with the Ministry of National Defense, committees, ministries, central sectors, and army units stationed in localities in, implementing the management contents specified in Article 9 of this Law for defense works and military zones in their localities.

Chapter III

PROTECTION OF DEFENSE WORKS AND MILITARY ZONES

Article 16. Contents of protection of defense works, military zones

1. Determining the scope of protection of defense works and military zones.

2. Formulating, and organizing the implementation of, plans on protection of defense works and military zones, prevention and combat of acts of infringing upon the safety and secrecy of defense works and military zones, and prevention and combat of disasters and fires.

3. Ensuring safety for persons, weapons, supporting tools, technical means and physical foundations in the management and protection of defense works and military zones; establishing areas where defense works and military zones are stable in terms of political security and social order and safety.

Article 17. Determination of scope of protection of defense works and military zones

1. The scope of restricted areas of defense works and military zones shall be determined based on each type, group, management and protection requirements and location of defense works and military zones, and topographical conditions and population in localities where defense works and military zones are located, and is provided as follows:

a/ The scope of restricted areas of defense works shall be determined based on boundaries of land and water surface used for defense works and expanded areas from such boundaries to surrounding areas. Expanded areas shall be determined based on type and group of defense works but must not exceed 55 meters on land surface or 500 meters on water surface;

b/ The scope of restricted areas of military zones shall be determined based on boundaries of land and water surface used for military zones or space of military zones that are established in the air;

c/ The scope of underground, submarine or overhead restricted areas of defense works and military zones shall be determined vertically from boundaries of restricted areas from land or water surface downward without depth-based restrictions and upward with the height not exceeding 5,000 meters;

d/ The scope of restricted areas shall be shown on diagrams, maps and fields, with surrounding walls, fences, separation trenches or marker posts, buoys for determining their boundaries.

2. The scope of protected areas of defense works and military zones shall be determined with a certain distance from boundaries of restricted areas to surrounding areas based on type and group of defense works and military zones which shall be shown on diagrams, maps and fields, with marker posts, signboards and buoys for determining boundaries, and is provided as follows:

a/ The distance from the boundaries of restricted areas to the outside surrounding areas of defense works and military zones of special group, group I, and groups II and III must not exceed 600 meters, 300 meters, and 200 meters, respectively;

b/ For defense works for weapons and equipment, the scope of protected areas shall be determined based on combat and technical features so as not to affect the use efficiency of each type of weapons and equipment.

3. The scope of safety belts of defense works and military zones shall be measured with a certain distance from exterior boundaries of protected areas or restricted areas to surrounding areas based on type, group, management and protection requirements and location of defense works and military zones, and topographical conditions and population which shall be shown on diagrams, maps and documents of competent authorities, and is provided as follows:

a/ The scope of safety belts of defense works and military zones of Special Group will be provided by the Prime Minister;

b/ The scope of safety belts of defense works and military zones of Groups I, II and III must not exceed 1,500 meters.

4. The scope of safety belts of ammunition storages shall be measures from the interior boundaries to the outside surrounding areas with a distance equal to the safety radius, and shown on diagrams, maps and fields, with marker posts, signboards, buoys or separating trenches for determination of the boundaries, and is provided as follows:

a/ The interior limit of the safety belt of an ammunition storage must be no more than 55 meters from the baseline of the ammunition storage; for ammunition storages of district- and equivalent-level military commands, the interior limit coincides with the baseline;

b/ The safety radius shall be determined based on grade of ammunition storages; quantity and reserves of assorted ammunitions and explosive materials stored in the storages shall be calculated and converted into TNT equivalent. The safety radius of ammunition storages of groups I and II must be between 1,200 meters and 1,500 meters; the safety radius of ammunition storages of group III must be between 800 meters and 1,000 meters; for ammunition storages of district- and equivalent-level military commands, the safety radius must be between 14 meters and 800 meters;

c/ In case an ammunition storage is surrounded by terrains and shields meeting relevant technical requirements, the safety radius specified at Point b of this Clause may be reduced by up to 50%;

d/ The scope of safety belts of underground, submarine and overhead ammunition storages shall be measured vertically from the exterior boundary line of the safety belts above the land or water surface downward without depth-based restrictions and with the upward height not exceeding 5,000 meters.

5. The scope of technical safety corridors of military antenna systems shall be determined based on the technical features of each military antenna system and is provided as follows:

a/ The technical safety corridor is 2,000 meters, for communications antenna systems; 3,000 meters, for technical reconnaissance antenna systems; or 5,000 meters, for radar antenna and electronic combat antenna systems.

b/ Antenna obstacles within the technical safety corridors of military antenna systems must be far from the exterior edges of the military antenna systems at a minimum distance so as not to affect the operation of the military antenna systems; the minimum distance shall be determined based on the technical features of each antenna system and characteristics of antenna obstacles.

6. The scope of protection of defense works and military zones specified at Points a and d, Clause 5, Article 6 of this Law only help determine restricted areas but not protected areas and safety belts.

7. The Government shall detail this Article, except Point a, Clause 3 of this Article.

Article 18. Protection regimes for restricted areas, protected areas and safety belts of defense works and military zones; safety belts of ammunition storages and technical safety corridors of military antenna systems

1. The protection regime for restricted areas is provided as follows:

a/ To carry out military and defense activities as suitable to the utilities and tasks of defense works or military zones;

b/ On-duty people and vehicles entering or exiting restricted areas must carry along papers required by competent authorities; and shall only perform the approved tasks and submit to the examination and guidance by security forces;

c/ To refrain from audio-recording, video-recording, investigating, surveying, positioning, measuring/drawing, description noting, publishing and posting in the mass media or cyberspace the information on defense works and military zones, unless such is approved by competent authorities.

2. The protection regime for protected areas of defense works and military zones of special group is provided as follows:

a/ Individuals and households permanently residing within the scope of protection of defense works and military zones may carry out agricultural, forestry, fishery and/or salt-making activities without distorting natural terrains;

b/ To refrain from carrying out activities of search, rescue, fire and explosion fighting, handling of environmental incidents, audio-recording, video-recording, investigation, survey, positioning, measuring/drawing, description noting, publishing or posting in the mass media or cyberspace information on defense works and military zones, unless such is approved by competent authorities.

3. The protection regime for protected areas of defense works and military zones of groups I, II and III is provided as follows:

a/ To refrain from exploring and exploiting resources and minerals; carrying out tourist activities; or implementing investment projects of foreign investors and foreign-invested economic organizations;

b/ To carry out the following activities after obtaining permission of competent authorities: building traffic, hydraulic-work and telecommunications infrastructure, disaster preparedness, fire and explosion fighting and rescue facilities, houses, and architectural works and objects; renovating and repairing cultural works and historical relics; and operation of means of transport.

4. The protection regime for safety belts of defense works and military zones of special group is provided as follows:

a/ For activities of exploiting forest resources, minerals and building materials; building or expanding tourist sites, and implementing socio-economic development projects, the written approval of the Ministry of National Defense is required;

b/ For investment projects of foreign investors and foreign-invested economic organizations, the Prime Minister’s decision is required.

5. Within the scope of safety belts of defense works and military zones of groups I, II and III, the implementation of projects on tourist development and resource and mineral exploration and exploitation; and investment projects of foreign investors or foreign-invested economic organizations is subject to the Ministry of National Defense’s written approval.

6. The protection regime for safety belts of ammunition storages is provided as follows:

a/ To refrain from building houses, and architectural works and objects, except the case specified at Point b of this Clause; using flame, explosive materials, flammable and explosive equipment and materials and flame-carrying flying objects; exploring and exploiting natural resources and minerals; anchoring or stopping means of transport; hunting; carrying out sightseeing and tourist activities; or organizing crowded events;

b/ To carry out the following activities after obtaining permission of competent authorities: building facilities directly serving the operation of defense works, military zones and ammunition storages; conducting agricultural, forestry, fishery or salt production activities; building facilities serving fire and explosion fighting as well as rescue activities; building traffic infrastructure, hydraulic structures and dikes for disaster preparedness; building high-voltage electric lines of under 110 kV within the radius of 500 meters counted from the interior limit of safety belts of ammunition storages outward; and audio-recording and video-recording.

7. The protection regime for technical safety corridors of military antenna systems is provided as follows:

a/ To refrain from building houses, and architectural works and objects breaching the minimum distance of antenna obstacles situated within the technical safety corridors as prescribed by the Government; exploring and exploiting natural resources and minerals; hunting and blasting; carrying out sightseeing tourism and organizing crowded events within 500 meters counted from the outer edges of military antenna systems toward the outside surrounding areas;

b/ To carry out the following activities after obtaining permission of competent authorities: carrying out agricultural, forestry, fishery and salt making activities; building telecommunication facilities without radiating electromagnetic waves; building hydraulic structures and dikes for disaster preparedness not breaching the minimum distance of antenna obstacles situated within the technical safety corridors as prescribed by the Government; and audio-recording and video-recording.

8. Aerial vehicles may not operate in the scope of protection of defense works and military zones, unless they are licensed by competent authorities.

9. Activities of foreigners and overseas Vietnamese in the scope of protection of defense works and military zones are provided as follows:

a/ Foreigners and overseas Vietnamese may not move to and fro and operate in restricted areas, protected areas and safety belts of ammunition storages and within 500 meters measured from the outer edges of military antenna systems toward the outside surrounding areas of the technical safety corridors of the military antenna systems, except the case specified at Point a of this Clause;

b/ Foreigners may not stay in the scope of protection of defense works and military zones of special group and class-A group I, except the case specified at Point d of this Clause;

c/ Foreigners may not permanently reside in the safety belts of defense works and military zones;

d/ The movement, activities and stay in the scope of protection of defense works and military zones of foreigners and overseas Vietnamese upon performing activities of state-diplomacy and defense cooperation and diplomacy shall be provided by the Minister of National Defense.

10. The Prime Minister shall provide in detail the protection regime for defense works and military zones of special group.

11. The Government shall provide the order, procedures and competence to permit performance of activities in the scope of protection of defense works and military zones, except those specified in Clauses 4 and 5, and at Point a, Clause 9, of this Article.

Article 19. Handling of architectural works and objects, land areas, and land areas with water surface within the scope of protection scopes of defense works and military zones

1. Except cultural-historical relics, architectural works and objects shall be subject to repurposing to those used for defense purposes or subject to removal or dismantlement to meet the requirements of management and protection of defense works and military zones in one of the following cases:

a/ They are located in restricted areas;

b/ They are located in protected areas of defense works and military zones of the special group;

c/ They are located in safety belts of ammunition storages;

d/ They are located in the technical safety corridors of military antenna systems that breach the minimum distance of antenna obstacles;

dd/ They are located in the protected areas of defense works and military zones for weapons and equipment, thus affecting the tactical and technical features and use efficiency of such weapons and equipment.

2. The handling of architectural works and objects specified in Clause 1 of this Article is as follows:

a/ For architectural works and objects built or installed lawfully before the effective date of this Law, their owners will be entitled to compensation and support under law upon repurposing thereof to those used for defense purposes or upon removal or dismantlement;

b/ For illegally built or installed architectural works and objects subject to removal or dismantlement, the violators shall bear all related costs and be handled according to law.

3. Land areas, and land areas with water surface in restricted areas but not regarded as land, and land areas used for defense purposes shall be recovered for use for defense purposes under the land law.

4. Responsibility to handle architectural works and objects, land areas and land areas with water surface specified in Clauses 2 and 3 of this Article:

a/ The Ministry of National Defense shall assume the prime responsibility for, and coordinate with ministries, central sectors and provincial-level People’s Committees in, scrutinizing and synthesizing architectural works and objects subject to repurposing to those used for defense purposes or subject to removal or dismantlement; and land areas and land areas with water surface in restricted areas to be recovered for use for defense purposes under the land law; and formulate plans and project resources for implementation and report them to the Prime Minister for approval;

b/ Provincial-level People’s Committees shall assume the prime responsibility for, and coordinate with the Ministry of National Defense and related ministries and central sectors in, implementing the Prime Minister-approved plans on repurposing or removal/dismantlement.

5. The compensation, support and resettlement for cases of land recovery or removal/dismantlement of works as specified Point a, Clause 2, and Clause 3, of this Article must comply with the land law and other relevant laws.

6. The Government shall provide the roadmap for handling of architectural works and objects, land areas and land areas with water surface in the scope of protection of defense works and military zones specified in this Article.

Article 20. Defense work and military zone protection forces

1. Defense work and military zone protection forces include:

a/ The Ministry of National Defense’s forces acting as the core;

b/ The Ministry of Public Security’s forces acting as the coordinating forces;

c/ The security forces of committees, ministries, sectors and localities assigned to manage, use and protect defense works.

2. The Minister of National Defense shall provide defense work and military zone protection forces, including:

a/ Full-time forces protecting defense works and military zones of the special group and class-A group-I defense works unsealed or uncovered;

b/ Protection forces of stationing units that directly manage and use defense works and military zones;

c/ Forces of local military agencies and militia and militia and self-defense forces protecting defense works and military zones assigned to them for management and use in localities.

3. Heads of committees, ministries and central sectors shall organize forces under their respective management to protect their wartime evacuation works; otherwise, they shall hand over such works and zones to the Ministry of National Defense for arrangement of forces of local military agencies for direct protection; when necessary, the Ministry of National Defense shall return such works and zones them to the committees, ministries and central sectors for protection under this Law.

4. Criteria on persons engaged in protection of defense works and military zones:

a/ Being Vietnamese citizens who work in agencies, units or organizations assigned by the State to manage and protect defense works and military zones;

b/ Fully satisfying political and moral criteria, having clear personal records; strictly observing policies and laws of the State;

c/ Being physically fit for task performance;

d/ Being professionally trained as suitable to their assigned tasks.

Article 21. Tasks and powers of the Ministry of National Defense’s forces protecting defense works and military zones

1. Tasks of the Ministry of National Defense’s forces protecting defense works and military zones:

a/ To organize the collection of information, and analyze, evaluate and forecast the situation; to formulate, and organize the implementation of plans and options on protection of security and safety of defense works and military zones;

b/ To ward off, detect and stop the schemes, tricks and activities of illegally gathering information, or infringing upon or sabotaging defense works and military zones;

c/ To conduct patrols and sentry guards, check and control people and vehicles exiting and entering restricted areas and protected areas, and carry out activities to protect defense works and military zones within the ambit of their functions, tasks and powers;

d/ To build safe units; to coordinate with local administrations in managing and protecting defense works and military zones and in building safe areas;

dd/ To perform other tasks in accordance with law.

2. Powers of the Ministry of National Defense’s forces protecting defense works and military zones:

a/ To check and control people and vehicles exiting and entering restricted areas and protected areas of defense works and military zones;

b/ To stop people and vehicles from exiting and entering restricted areas and protected areas, and temporarily seize objects and vehicles when having grounds to believe that such people, vehicles and objects threaten to affect the safety of defense works and military zones;

c/ To suspend or terminate the use of communications means, and temporarily block roads for performance of military and defense tasks and assurance of safety for people and property within the scope of protection of defense works and military zones under decisions of commanders of regiments and equivalent and higher levels;

d/ To request agencies, organizations and individuals to coordinate and assist in the performance of tasks of protecting defense works and military zones in accordance with this Law;

dd/ To use weapons, supporting tools and technical means in the performance of tasks of protecting security and safety of defense works and military zones in accordance with the law on management and use of weapons, explosives and supporting tools;

e/ To apply other protection measures as specified by law.

Article 22. Tasks and powers of the Ministry of Public Security’s forces coordinating in the protection of defense works and military zones

1. Tasks of the Ministry of Public Security’s forces coordinating in the protection of defense works and military zones:

a/ To assume the prime responsibility for, and coordinate with the Ministry of National Defense’s forces protecting defense works and military zones and local administrations in, ensuring security and social order and safety in localities where defense works and military zones are located; for border areas, seas and islands, to comply with the law on national borders, seas and islands and relevant laws;

b/ To manage foreigners’ and overseas Vietnamese’s movement, operation and stay in the scope of protection of defense works and military zones in accordance with this Law and relevant laws;

c/ To coordinate with forces directly protecting defense works and military zones in warding off, detecting, stopping and struggling against activities in violation of regulations on management and protection of defense works and military zones.

2. Powers of the Ministry of Public Security’s forces coordinating in the protection of defense works and military zones:

a/ To apply necessary protection measures in order to ensure security and social order and safety at the request of the forces protecting defense works and military zones in the coordinated participation in protection of defense works and military zones;

b/ To use weapons, supporting tools and technical means in the coordinated performance of tasks of protecting security and safety of defense works and military zones in accordance with the law on management and use of weapons, explosives and supporting tools;

c/ To apply other protection measures as prescribed by law.

Article 23. Tasks and powers of forces of agencies and organizations assigned to protect defense works

1. Tasks of forces of agencies and organizations assigned to protect defense works:

a/ To formulate, and organize the implementation of, plans on protection of security and safety of defense works;

b/ To conduct patrols and sentry guards, and check and control people and vehicles exiting and entering restricted areas and protected areas of defense works;

c/ To coordinate with the army, public security and other forces in localities in performing the tasks of protecting defense works and in building safe areas.

2. Powers of forces of agencies and organizations assigned to protect defense works:

a/ To check and control people and vehicles exiting and entering restricted areas and protected areas of defense works;

b/ To request agencies, organizations and individuals to coordinate and assist in the performance of tasks of protecting defense works when necessary;

c/ To use supporting tools and technical means in performing the tasks of protecting security and safety of defense works in accordance with the law on management and use of weapons, explosives and supporting tools;

d/ To stop people and vehicles from exiting and entering restricted areas and protected areas; to temporarily seize objects and vehicles when having grounds to believe that such people, objects and vehicles threaten to cause harms to the safety of defense works.

Chapter IV

RIGHTS AND OBLIGATIONS OF ORGANIZATIONS, HOUSEHOLDS AND INDIVIDUALS, AND REGIMES, POLICIES AND BUDGET FUNDS FOR MANAGEMENT AND PROTECTION OF DEFENSE WORKS AND MILITARY ZONES

Article 24. Rights and obligations of organizations, households and individuals in managing and protecting defense works and military zones

1. Organizations, households and individuals have the following rights:

a/ To stay, and conduct production, business, investment, construction and other activities in such zones in accordance with this Law and relevant laws;

b/ To be entitled to compensation and support for damage caused by application of measures of management and protection of defense works and military zones in accordance with this Law and relevant laws;

c/ To be entitled to the support regimes and policies specified in Clauses 2 and 3, Article 26 of this Law.

2. Organizations, households and individuals have the following obligations:

a/ To comply with the law on management and protection of defense works and military zones;

b/ To notify and provide information to local administrations or units engaged in management and protection of defense works and military zones immediately after detecting acts of violating the regulations on management and protection of defense works and military zones;

c/ To abide by requests of competent agencies in management and protection of defense works and military zones; to support and assist agencies, organizations and persons responsible for managing and protecting defense works and military zones.

Article 25. Regimes and policies for agencies, units and individuals in managing and protecting defense works and military zones

1. Persons directly performing the tasks of managing and protecting defense works and military zones are entitled to regimes and policies prescribed by law and regimes and policies suitable to characteristics and requirements of their tasks.

2. Agencies, units and individuals requested to participate in managing and protecting defense works and military zones shall be commended for their achievements and entitled to compensation for their damaged property; for individuals suffering injuries or health harms or death, they and their families shall be entitled to the regimes and policies provided by law.

3. The Government shall detail this Article.

Article 26. Regimes and policies for localities, organizations, households and individuals affected by activities of managing and protecting defense works and military zones

1. Communes, wards and townships within the scope of protection of defense works and military zones of the special group shall be entitled to the State’s priority for investment in socio-economic development and construction of essential infrastructure facilities through programs and projects, and entitled to support in human resource training for raising the capacity of local officials.

2. Production and business organizations, households and individuals permanently residing in the scope of protection of defense works and military zones of the special group shall be entitled to support policies on education, health, labor, employment, production and business and other social security policies as provided by law.

3. Organizations, households and individuals having their lawful rights and interests restricted to meet requirements of management and protection of defense works and military zones of groups I, II and III as specified by this Law shall be entitled to support policies provided by law.

4. The Government shall detail this Article.

Article 27. Budget funds for management and protection of defense works and military zones

State budget funds for management and protection of defense works and military zones shall be included in annual budget expenditure estimates of committees, ministries, central sectors and localities in accordance with the law on the state budget and relevant laws.

Chapter V

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS IN MANAGEMENT AND PROTECTION OF DEFENSE WORKS AND MILITARY ZONES

Article 28. Contents and responsibilities of state management of management and protection of defense works and military zones

1. Contents of the state management of management and protection of defense works and military zones:

a/ Promulgating according to their competence, or submitting to competent authorities for promulgation and organizing the implementation of, legal documents on management and protection of defense works and military zones;

b/ Formulating, and organizing the implementation of, socio-economic development master plans and plans in association with the management and protection of defense works and military zones;

c/ Providing regimes and policies in the management and protection of defense works and military zones;

d/ Disseminating and educating about the law on management and protection of defense works and military zones;

dd/ Carrying out examination and inspection, handling violations, settling complaints and denunciations, making preliminary and final reviews, and giving commendation in management and protection of defense works and military zones.

2. Responsibilities of state management of management and protection of defense works and military zones:

a/ The Government shall perform the unified state management of management and protection of defense works and military zones;

b/ Ministries and ministerial-level agencies shall be held responsible to the Government for assuming the prime responsibility for, and coordinating with one another in, performing the state management of management and protection of defense works and military zones in their assigned domains nationwide;

c/ People’s Councils and People’s Committees at all levels shall, within the ambit of their tasks and powers, perform the state management of management and protection of defense works and military zones in their localities.

Article 29. Responsibilities of the Ministry of National Defense

The Ministry of National Defense is the focal-point agency which shall assist the Government in performing the unified state management of management and protection of defense works and military zones; and assume the prime responsibility for, and coordinate with committees, ministries, central sectors and localities in, performing the following tasks:

1. To promulgate according to their competence, or submit to competent authorities for promulgation and organize the implementation of, legal documents on management and protection of defense works and military zones;

2. To organize the management and protection of defense works and military zones according to their competence;

3. To formulate, and organize the implementation of, plans to prevent, detect, combat and stop activities of disclosing secrets of or sabotaging defense works and military zones;

4. To organize the dissemination of and education about the law on management and protection of defense works and military zones;

5. To research and apply advanced and modern sciences and technologies for management and protection of defense works and military zones;

6. To carry out examination and inspection, handle violations, settle complaints and denunciations, make preliminary and final reviews, and give commendation in the management and protection of defense works and military zones according to their competence.

Article 30. Responsibilities of the Ministry of Public Security

1. To coordinate with the Ministry of National Defense in formulating, and organizing the implementation of, plans to prevent, detect, combat and stop activities of disclosing secrets of or sabotaging defense works and military zones.

2. To direct functional units under its management and local public security offices:

a/ To collect information on, and analyze, evaluate and forecast the situation of, national security and social order and safety; to closely coordinate with army units stationed in localities and local administrations in protecting defense works and military zones and in building safe areas;

b/ To manage foreigners’ and overseas Vietnamese’s movement, activities and residence under Point b, Clause 1, Article 22 of this Law.

3. To organize forces for management and protection of defense works as assigned in accordance with this Law and relevant laws.

4. To assume the prime responsibility for guiding, inspecting and examining the protection of state secrets related to defense works and military zones, for organizations and individuals not managed by the Ministry of National Defense.

5. To handle violations of the law on management and protection of defense works and military zones in accordance with law.

Article 31. Responsibilities of committees, ministries and central sectors

1. To coordinate with the Ministry of National Defense in performing the management and protection of defense works and military zones in accordance with this Law and relevant laws.

2. To disseminate information among, and educate, civil servants, public employees and workers under their management to observe the law on management and protection of defense works and military zones.

3. To organize the management and protection of defense works as assigned in accordance with this Law and relevant laws.

4. To handle violations of the law on management and protection of defense works and military zones according to their competence.

Article 32. Responsibilities of People’s Councils and People’s Committees at all levels

1. Within the ambit of their tasks and powers, People’s Councils at all levels have the following responsibilities:

a/ To decide on the policy and measures to secure the management and protection of defense works and military zones as assigned in accordance with law;

b/ To supervise the observance of law and the implementation of People’s Councils’ resolutions on management and protection of defense works and military zones.

2. Within the ambit of their tasks and powers, People’s Committees at all levels have the following responsibilities:

a/ To promulgate according to their competence or submit to competent authorities for promulgation the policy and measures to secure the management and protection of defense works and military zones as assigned in accordance with law;

b/ To manage and protect defense works and military zones as assigned in accordance with this Law and relevant laws; to combine socio-economic development with management and protection of defense works and military zones in localities; to coordinate with the People’s Armed Force’s units in localities in managing and protecting defense works and military zones;

c/ To coordinate with the Ministry of National Defense’s units managing and protecting defense works and military zones in drawing cadastral maps, determining the scope of protection and planting marker posts on fields of defense works and military zones in localities and grant land use rights certificates according to their competence;

d/ To disseminate and educate about the law on management and protection of defense works and military zones;

dd/ To handle violations of the law on management and protection of defense works and military zones according to their competence.

Article 33. 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 mobilizing people to comply with the law on management and protection of defense works and military zones; and supervise agencies, organizations and individuals in the observance of the law on management and protection of defense works and military zones.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 34. Effect

1. This Law takes effect on January 1, 2025.

2. Ordinance No. 32-L/CTN on Protection of Defense Works and Military Zones ceases to be effective on the date this Law takes effect.-

This Law was passed on November 24, 2023, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 6^th session.

Chairman of the National Assembly
VUONG DINH HUE