Currently, the performance of duties and powers of the Mobile Police is limited due to a number of regulations that are not in accordance with the 2013 Constitution. Some of the tasks specified are only at the level of principles. , are not specific, scattered in many specialized laws, leading to a situation that is difficult to follow and implement.
Therefore, it is necessary to specify the duties and powers of the CS through a legal document to create a more complete and solid legal basis, in accordance with the provisions of the Constitution and to ensure the consistency of the legal system. Vietnam, and at the same time meet the current social practical requirements.
Many regulations are inadequate, not specific, scattered According to Article 7 of the Ordinance on Public Policy, the tasks and powers of the fixed police include: Right to mobilize people and means; requisition assets to serve the operation of fixed assets; The right to request agencies to provide diagrams, designs and drawings of works and to be allowed to enter the residences of individuals, offices of agencies and organizations when performing their tasks. In addition, the armed forces are the core force to carry out armed measures to protect national security, ensure social order and safety, and carry out armed measures with the characteristics of using force and using force. Weapons and support tools directly affect the health and life of the subject being applied. Thus, it can be seen that the duties and powers of the public policy and the implementation of the working measures of the public policy have an impact, directly related to human rights, basic rights and obligations of citizens. At the same time, the Ordinance does not specify the obligations and responsibilities of cadres and soldiers, and the powers of the Commanding General and the Director of the Public Security of the provinces and centrally-run cities. The officers of the Mobile Police Command rehearsed the plan to handle the situation of crowded people causing security, order and riots. Photo: Chien Thang. In addition, in recent years, the National Assembly has promulgated many laws with contents related to the performance of duties and powers of the CS. However, these regulations only set out general principles and regulations, there are no specific regulations suitable to the characteristics of fixed assets. Specifically, the 2004 National Security Law and documents detailing the implementation of a number of articles of the National Security Law stipulate the application of a number of necessary measures when there is a threat to national security but has not reached the point of declaring a state of emergency such as: Strengthening the protection of important targets; ban, disperse or limit mass gatherings and activities of individuals and organizations deemed harmful to national security. These tasks are currently being assigned to the CCP to perform, but the Law has not yet identified the CSO as a specialized agency for national security protection. The 2018 People’s Police Law and detailed guiding documents do not stipulate that the public security force is the core force applying armed measures to protect national security, ensure social order and safety. Meanwhile, armed measures with the characteristics of using force, using weapons and supporting tools have a direct impact on the health and life of the subject being applied. At the same time, many tasks and powers of the CCP such as: fighting armed riots, terrorism, illegal demonstrations; suppressing criminals using weapons, participating in the struggle to destroy organized crime gangs and groups… are tasks that are directly related to the security and order of the country and are directly related to the security and order of the country. human rights and civil rights. In Article 23 of the Law on Management and Use of Weapons, Explosives and Supporting Tools, only cases of military shooting when performing the task of ensuring security and order are cases of toxic shooting. create. However, the CIDG force is a concentrated fighting force, when it comes to the task of using a very large number of troops and using a variety of military weapons at different scales, ranges and levels. With the characteristic of being the core force to carry out armed measures to protect security, ensure social order and safety, in addition to the cases of shooting as prescribed in the Law on Management and Use of Weapons and Materials Explosives and supporting tools are similar to some other armed forces (Coastal Police, Militia, Self-Defense Forces, Guards…), need to have more specific regulations for cases of shooting while shooting. carry out tasks in an organized manner according to the combat formations of the CIDG to be more suitable to the nature and mission requirements of the CIDG. Article 40 of the Law on Prevention and Control of Terrorism stipulates the responsibilities of the Ministry of Public Security to assign and equip anti-terrorism forces in the People’s Police and directs agencies and units under its authority to perform tasks and exercise their powers. under the provisions of Chapters III, IV and V of the Law on Prevention and Control of Terrorism. Meanwhile, the Ministry of Public Security assigned the anti-terrorism task to the CIRC to perform. It is necessary to develop legal documents From the above issues, the performance of the tasks and powers of the CS is limited due to a number of regulations that are not consistent with the 2013 Constitution, a number of tasks specified in the regulations are only at the level of principles. are not specific, scattered in many specialized laws, leading to a difficult situation to follow and implement. Therefore, in order for the CS to perform well the task of protecting national security, and ensuring its social order and safety, it is necessary to specify the tasks and powers of the CS in written legislation, creating a legal basis. fuller, more solid. On the other hand, the specific provisions of the duties and powers of the public policy are also to be consistent with the provisions of the Constitution and to ensure the consistency of the Vietnamese legal system, and at the same time to meet the practical requirements of today’s society. . Accordingly, the draft Law on Fixed Deposits specifically stipulates the tasks and powers of the fixed-term police in the direction of separating the tasks and powers of the fixed-term police into two articles, adding a number of tasks and powers of the fixed-dealer to ensure full more than enough tasks and powers that the CSCC is performing. Specifically, adding the task of participating in coordination with forces in the People’s Police to fight and destroy special projects of complex nature in criminal, economic, drug, environmental, security-related cases. national security; supporting agencies and units of ministries, branches and localities in handling law violations; research and application of science and technology to the work of community colleges. Additional authority to bring weapons, support tools, vehicles and technical equipment into airports and on board aircrafts and ships in case of combat according to the functions and tasks of the fixed forces; prevent and neutralize unmanned aerial vehicles and other means that directly attack or threaten the lives of law enforcement officers or other people and protection objectives; other powers as prescribed by the National Security Law and other relevant laws. The Draft Law specifically stipulates the obligations and responsibilities of the cadres and soldiers of the Communist Party of Vietnam; the right to mobilize civil people, vehicles and equipment in the course of performing the task of protecting national security and ensuring social order and safety.
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