The National Assembly Standing Committee gives opinions on the Law amending and supplementing a number of articles of the Law on Security Guards.

Adding 3 guard objects is appropriate

Reporting on some major issues of the draft Law, Lieutenant General Le Tan Toi, Chairman of the National Assembly's Committee for National Defense and Security (NCSD) said that regarding the addition of the guard subjects to the Standing Committee of the Secretariat, the Chief Justice of the Supreme People's Court, and the Chief Prosecutor of the Supreme People's Procuracy (Point b, Clause 3, Article 1), the Standing Committee of the NCSD found that the regulation that the guard subjects are people holding key leadership positions and titles, senior leaders of the Party, State, and the Central Committee of the Vietnam Fatherland Front in the direction of listing specific guard subjects is consistent with the conclusion of the Politburo on the list of leadership positions and titles and equivalents of the political system from the Central to the grassroots level.

The Draft Law adding the position and title of the Standing Secretary of the Secretariat as a subject of protection is appropriate and does not contradict the provisions of the Secretariat's Working Regulations. The Standing Committee of the National Defense and Security Committee proposes that the Standing Committee of the National Assembly retain the provisions on the subject of protection being the Standing Secretary of the Secretariat, the Chief Justice of the Supreme People's Court, and the Chief Prosecutor of the Supreme People's Procuracy in the Draft Law and not add provisions on the separate protection regime and measures for the subject of protection being the Standing Secretary of the Secretariat.

Arrangement of Guard Force

Regarding the Guard force, the Chairman of the People's Committee for National Defense and Security said that the current law stipulates that the Guard force is organized at the Ministry of Public Security and the Ministry of National Defense; at the same time, it stipulates the responsibility of the Public Security of provinces and centrally run cities in implementing the direction and guidance on professional guard work and organizing the implementation of directives and orders on guard work of the Commander of the Guard Command, coordinating with the Guard force and relevant agencies and organizations to carry out guard work in the area. These regulations have been implemented stably in the past time. However, currently, with a large number of guard subjects, in some localities that regularly have to carry out guard work such as Hanoi, Ho Chi Minh City and some other localities, the need to establish team-level guard units under the department-level units of the Public Security of some provinces and centrally run cities is extremely necessary, on the basis of arranging and adjusting existing staffing levels, without creating new organizations and staffing levels.

Delegates attending the meeting.

“In response to the opinions of National Assembly deputies, the Standing Committee of the National Defense and Security Committee proposed that the Standing Committee of the National Assembly retain the provisions of the current Law on Security Guards to create consistency in the draft Law and ensure consistency with the provisions of other relevant laws; at the same time, supplement the number of security officers and soldiers belonging to the department-level units of the Public Security of provinces and centrally-run cities as decided by the Minister of Public Security, based on the requirements for protecting the guarded subjects as stated in Clause 11, Article 1 of the draft Law,” Lieutenant General Le Tan Toi stated.

The Minister of Public Security decides to apply appropriate security measures when requested.

Regarding the security subjects of international guests visiting and working in Vietnam, Lieutenant General Le Tan Toi said that the draft Law has been comprehensive, complete and implemented stably in the past time, demonstrating Vietnam's position and role in international relations; ensuring security and safety, creating trust among international friends in Vietnam's security and safety environment, meeting the requirements of foreign affairs. For international guests not belonging to one of the two groups specified in the Law, in case of necessity, the Minister of Public Security decides to apply appropriate security measures upon request of central agencies and provincial-level local authorities.

“Therefore, the Standing Committee of the National Defense and Security Committee proposes that the Standing Committee of the National Assembly maintain the two groups of international visitors stipulated in Clause 2, Article 10 of the Law on Security Guards (amended and supplemented at Point c, Point d, Clause 3, Article 1 of this draft Law) and make technical amendments to the document to make it suitable,” said the Chairman of the National Defense and Security Committee.

Regarding the addition of regulations on applying security measures to cases not subject to the Law on Security, the Standing Committee of the National Defense and Security Committee stated that: According to the provisions of law, the Minister of Public Security has the authority to decide on applying professional measures, including security measures, to protect national security and ensure social order and safety. Therefore, the draft Law adding regulations on the Minister of Public Security deciding on applying security measures to cases not subject to security is consistent with the authority of the Minister of Public Security, concretizing the 2013 Constitution, meeting the requirements of protecting national security, ensuring social order and safety and security work.

Chairman of the National Assembly's Committee for National Defense and Security Le Tan Toi presented a report at the meeting.

Hire forces, vehicles and equipment for security work

Regarding the addition of regulations on hiring forces, means, and technical equipment to carry out security work, the Standing Committee of the National Defense and Security Committee said that in practice, the implementation of security work for key leaders of the Party and State when going on business trips abroad still faces many difficulties, especially conditions regarding forces, means, and technical equipment. The main reasons are due to differences in political institutions; differences in regulations on security regimes and measures, regulations on management and use of weapons; some activities of the delegation are outside the agreed program, so countries do not carry out security measures...

Therefore, there must be a mechanism for the Guard force to proactively hire foreign forces, means, and technical equipment (not domestic) in cases of force majeure, when all human resources, means, and technical equipment have been used but cannot meet the requirements of the guard work.

“Therefore, the draft Law supplements the regulation that the Commander of the Guard Command and the Director of the Military Security Department have the right to decide to hire forces, means, and technical equipment to protect the guarded subjects when they go on business trips abroad, which is appropriate, ensuring proactiveness, flexibility, and timeliness, meeting the practical requirements for guarding work,” Lieutenant General Le Tan Toi stated.

Agree with the opinion of the drafting and reviewing agency.

Vice Chairman of the National Assembly Tran Quang Phuong chaired the meeting.

Speaking at the meeting, all opinions assessed that the Law dossier was prepared very well by the drafting agency and the examining agency, and that it had received relatively complete comments from the National Assembly deputies. Secretary General and Head of the National Assembly Office Bui Van Cuong expressed his agreement with the reception and explanation of the opinions of the National Assembly deputies, affirming that the opinions discussed in groups and in the hall were all thoroughly received and explained. Regarding the content of the different opinions, the Secretary General of the National Assembly agreed with the explanation and proposal of the National Assembly Committee.

Chairman of the National Assembly's Foreign Affairs Committee Vu Hai Ha also agreed with the viewpoint of the Inspection Agency, proposing to add the National Assembly's Foreign Affairs Committee to the proposed security measure, so that when the National Assembly receives international guests, it will be convenient, meeting requirements and tasks.

The Chairman of the Foreign Affairs Committee also agreed on the hiring of vehicles and equipment for security work when our country's head of state goes abroad, especially technical equipment to ensure the safety of the Delegation. "However, the Commander of the Guard Command does not always accompany the delegation abroad, the Deputy Commander may go. Therefore, I propose to have appropriate regulations, avoiding rigid regulations on titles, which will be difficult to handle later" - the Chairman of the Foreign Affairs Committee stated.

Vice Chairman of the National Assembly Nguyen Khac Dinh also assessed that the preparation of the draft Law on Guards was very good, meeting the requirements. Regarding the establishment of Guards at local police stations when required, Vice Chairman of the National Assembly Nguyen Khac Dinh said that it should be clearly written for the delegates to understand. Accordingly, the regulation stipulates that the Guard force is established at the Ministry, and when necessary, a Guard team is established at the provincial police station, with the number of troops taken from the units. This is not an official force, only established when required, and can be taken from other forces such as: traffic, order, security protection, etc.

Only establish a Guard team in the Provincial Police when required.

Deputy Minister Le Quoc Hung received and explained the opinions raised by delegates.

On behalf of the drafting agency, Deputy Minister Le Quoc Hung affirmed that he would fully accept the opinions of the delegates, and highly agree with the report on acceptance and explanation of the National Assembly's Committee for National Defense and Security on major issues: subjects of protection, protection measures, protection forces, hiring technical equipment when implementing protection measures abroad... "These issues are included in the opinions of the delegates through discussions in the hall and in groups, the Drafting Committee agreed to accept. Today, the delegates raised a number of contents, we basically agree and accept, and make reasonable amendments in the Law to submit to the National Assembly for consideration and approval" - Deputy Minister Le Quoc Hung affirmed.

Concluding the meeting, Vice Chairman of the National Assembly Tran Quang Phuong assessed that the discussion opinions basically agreed with the reports of the draft Law and requested the National Assembly Committee to continue to coordinate with the drafting agency to continue reviewing and receiving clearer explanations.

According to Vice Chairman of the National Assembly Tran Quang Phuong, regarding the subject of protection, it is necessary to clearly write that it is the person holding the position of Standing Secretary of the Secretariat. Regarding the subject of protection of visitors, it is necessary to add the Foreign Affairs Committee of the National Assembly as the unit proposed for protection measures. For localities, or the Procuracy, the Court..., I suggest that comrades calculate if necessary. "Only establish a Guard team under the provincial Police Department when there is a request for protection duties. I know that the Ministry of Public Security has such an idea, that is, establish a Guard team when there is a subject of protection in the locality, not a professional team. Therefore, it is necessary to study how to write it appropriately" - Vice Chairman of the National Assembly stated.

Source: http://bocongan.gov.vn/tin-tuc-su-kien/hoat-dong-cua-luc-luong-cong-an/tin-hoat-dong-cua-bo-2.html?ItemID=39537