What are the tasks of State management of national defence in Vietnam?

What are the tasks of State management of national defence in Vietnam?

Pursuant to Clause 2, Article 34 of the Law on National Defence in 2018 stipulating as follows:

Tasks of the State management of national defence shall comprise the followings:

- Promulgate and submit to competent authorities for promulgation and organize the implementation of legislative normative documents on national defense;

- Formulate and organize the implementation of defense strategies and policies; build the all-people national defense, Homeland defense plans, plans for national defense mobilization and fulfillment of requirements for implementation of national defense and the armed force’s activities;

- Organize and direct the performance of national defense tasks; execute orders and decisions of competent authorities and necessary measures to protect the Homeland;

- Propagate and disseminate the guidelines and viewpoints of the Communist Party of Vietnam, the State's policies and laws on national defense; provide national defense and security education;

- Carry out the national defense foreign relation affair;

- Examine, inspect and settle complaints, denunciations, preliminary and final review, commendation and handling of violations against the national defense law.

In Vietnam, is martial law a state management measure of national defence?

Pursuant to Article 21 of the Law on National Defence in 2018 stipulating as follows:

1. Martial law is a definite-term special state management measure implemented by the Army.

2. When the political security, social order and safety in one or several localities are so seriously violated that their competent authorities have no longer taken control of the situation, the State President shall issue the martial law order upon the request of the Government.

3. The martial law order must specify the province, district, commune level, special administrative-economic unit subject to the martial law, measures and effect; define the tasks and powers of agencies, organizations and individuals; set the social order rules that are necessary in the locality subject to the martial law, and are regularly published on the mass media.

4. Pursuant to the State President's order on martial law, the Prime Minister's decision on the implementation of the martial law order, the Minister of National Defense shall direct and command affiliated units of the People's Army and the Militia and self-defence force assigned tasks in the locality subject to the martial law to implement measures to enforce the martial law order in accordance with law.

5. During the time of martial law, the state management exercised at the locality subject to the martial law shall be assigned to military units. The commanders of military units assigned to manage the locality subject to the martial law may order the application of special measures prescribed in Clause 6 of this Article and other necessary measures to execute martial law orders, and bear the responsibility for the application of such measures. The commander of the military unit authorized to manage the provincial-level locality subject to the martial law shall be entitled to purchase and requisition any property. Purchase and requisitioning of property shall be subject to provisions set forth in the Law on Purchase and Requisitioning of Property.

6. Special measures applied during the time of martial law shall include:

a) Prohibition or restriction of movement of people and vehicles; suspension or restriction of activities at public places;

b) Ban on all forms of public protests, such as strikes, demonstrations or riots of workers, vendors or students, etc., and protest rallies;

c) Arrest of individuals and organizations causing harms to national defence and security, and compulsion of them to leave or forbidding them from leaving their residence or any specified place;

d) Mobilization of people and vehicles of any entity, organization or person;

dd) Imposition of measures for special management of weapons, explosive materials, military equipment, flammable substances, toxins and radioactive substances; strict control of information technology infrastructure, communications equipment, activities of news agencies, publishers, print and copy shops, and information collection and use.

7. All activities of the locality subject to the martial law must comply with martial law orders and special measures.

8. Criminal proceedings occurring in a locality during the execution of martial law order shall be subject to the provisions of the Criminal Procedure Code.

9. When the political security, social order and safety in the locality subject to the martial law are restored to the previous normal state, the State President shall issue the order for abolishment of the martial law order upon the request of the Government.

10. The Government shall regulate duties and powers of the commanders of military units, agencies, organizations and localities regarding the implementation of the martial law and the order for abolishment of the martial law.

Best regards!