Ministry of National Defense Draft Law on State of Emergency

In the draft Law on State of Emergency, the Ministry of National Defense proposed measures to be applied in a state of emergency when there is a major disaster or a dangerous epidemic spreading on a large scale.

The Ministry of National Defense is seeking comments on the draft Law on State of Emergency. In the draft, the Ministry of National Defense proposes measures to be applied in a state of emergency when there is a major disaster; when there is a dangerous epidemic spreading on a large scale, etc. According to the draft, in an area where a state of emergency has been declared when there is a major disaster, the measures to be applied include: - Special management measures for flammable substances, explosives, toxic chemicals, radioactive substances under the legal use of organizations and individuals - Forcing people who may cause disasters or incidents to leave the area where the state of emergency is in effect or not to leave their permanent residence or another specified area. - Mobilizing human resources, materials, and means to serve the implementation of the Resolution or Order declaring a state of emergency. In case of necessity, requisitioning means and assets of agencies, organizations, and individuals; - Implementing curfews according to the provisions of law; - Take necessary measures to ensure the safety and normal operation of public facilities such as transportation, communications, water supply, drainage, electricity supply, healthcare, radio and television; - Timely issue recommendations and warnings on specific measures to avoid or minimize harm to society; - Apply support measures as prescribed; - Measures prescribed by the Standing Committee of the National Assembly to be applied during the declaration of a state of emergency when the measures prescribed in this Law and other relevant laws cannot effectively respond to incidents and disasters.

Soldiers deliver goods to people during the Covid-19 pandemic (Photo: Nguyen Quang).

The draft clearly states that in areas with a dangerous epidemic emergency, the measures to be applied include: - Controlling prices of essential goods; strengthening inspections and strictly handling cases of smuggling, trade fraud, hoarding, causing artificial scarcity, producing fake and counterfeit goods, especially essential goods for disease prevention and control; - Organizing emergency anti-epidemic working teams under health agencies and quarantine agencies; - Building field hospitals to respond to epidemics; - Timely allocating vaccines to provinces and cities, prioritizing localities with many infected people, many deaths, complicated epidemic situations, rapid spread, large cities, densely populated areas, and many industrial parks, in accordance with the requirements of disease prevention and control for each locality and publicizing the allocation. - Mobilize public and private health forces and other supporting forces to implement the nationwide vaccination campaign, especially in localities with many infected cases; increase the search and encourage businesses, organizations and individuals to proactively search for sources and purchase vaccines and treatment drugs. - Requisition and confiscate assets according to the law; - Implement curfews according to the law. - In case of necessity, the Prime Minister may apply other appropriate measures in accordance with the law and the actual situation. According to the draft, in areas with a state of national defense emergency, the measures to be applied include: - Measures prescribed on martial law, curfew prescribed in the Law on National Defense and measures applied in a state of emergency when there is a major disaster, regulations on promulgating legal documents in a state of emergency, promulgating administrative documents in a state of emergency, etc. - Using obstacles, tools, means to reduce speed or control vehicle speed, forcing people and vehicles to pass through guard and control stations. - Using force, weapons, and support tools according to the provisions of law to prevent and arrest people and vehicles that intentionally illegally pass guard and control stations or resist guarding and control ....

The draft clearly states that a state of emergency is when a major disaster occurs in the whole country, one or more localities, that threatens or causes serious damage to the property of the State and organizations, the lives, health, property of the people, national defense, national security, and social order and safety, then the competent authority shall promulgate and announce special measures to promptly prevent; limit and overcome the consequences, and quickly stabilize the situation. Source: https://dantri.com.vn/xa-hoi/bo-quoc-phong-de-xuat-bien-phap-ung-pho-tham-hoa-dich-benh-nguy-hiem-20241205134342083.htm