General Phan Van Giang talks about special patrol team in emergency situation

This morning, the National Assembly discussed the draft Law on State of Emergency, which proposes many special measures to effectively respond to emergency situations regarding national security and social order and safety.

The draft law stipulates the establishment of special patrol teams under the police, military, and militia. The team leaders are empowered to search persons, vehicles, residences, and belongings; and to detain persons, evidence, and vehicles that pose a threat to national security.

Law enforcement officers also set up guard posts, checked documents, luggage, and items, and used weapons and support tools to prevent violations or resistance.

Representative Pham Van Hoa ( Dong Thap ) believes this regulation is necessary, but he is concerned about the right to search vehicles and homes and to make urgent arrests of suspects.

Representative Hoa suggested that specific regulations should be put in place to ensure the rights of citizens, because the rights of citizens are inviolable. "If they take advantage of the emergency situation to arrest people who are not entitled to it, I think that would not be good," Mr. Hoa expressed his concern.

Regarding the forces involved, Mr. Hoa argued that it would be inappropriate for militia members to carry out emergency seizures of vehicles and arrests of individuals; therefore, regular forces from the army or police should cooperate in carrying out such operations.

General Phan Van Giang, Minister of National Defense, delivers a speech explaining the situation. Photo: Pham Thang

Responding to the above comments, General Phan Van Giang, Minister of National Defense, stated: "We want all citizens to have the right to intervene when they witness illegal acts and catch offenders red-handed. However, in the event of a state of emergency, there will be special patrol teams." The Minister said he would take Representative Hoa's comments into account and incorporate them into the decree in more detail.

Regarding the question of whether the militia should be formalized, the Minister of National Defense clarified that at some point, the militia will need to be more systematic and capable than it is now. He argued that laws, when implemented, must be long-term, "if we only look at the present and make regulations immediately, it could be in a decree or circular," but laws need to be longer. However, General Phan Van Giang affirmed that the militia will improve its skills in the future.

Representative To Van Tam ( Kon Tum ) stated that the authority to declare a state of emergency belongs to the Standing Committee of the National Assembly, while the authority to announce a state of emergency rests with the President. The President, based on the decision of the Standing Committee of the National Assembly to declare a state of emergency, then announces the state of emergency.

If the Standing Committee of the National Assembly is unable to convene, the President shall declare a state of emergency.

"If the Standing Committee of the National Assembly cannot convene, it cannot decide to declare a state of emergency. And without a decision to declare a state of emergency, there is no basis for the President to make the declaration. Because this declaration is based on a resolution of the Standing Committee of the National Assembly," Mr. Tam pointed out.

Delegates proposed amending the regulations to stipulate that, in situations where the Standing Committee of the National Assembly cannot convene, the President should be empowered to declare and announce a state of emergency upon the Prime Minister's request.

Regarding this proposal, General Phan Van Giang stated that he would consider and study it, so that regulations would be established to delegate authority to the President in cases where the Standing Committee of the National Assembly cannot convene.

"We want to specify it through an action of the Prime Minister, but if it's stated as an authorized level, then we have to specify it through a decree. Taking this feedback into account, we will study it to make it more precise," the Minister explained.

Representative Nguyen Quang Huan (Binh Duong) shared experiences from the Covid-19 pandemic, highlighting all the obstacles encountered during implementation when there was no permanent agency.

The draft law outlines emergency measures and states of emergency, including: responding to natural disasters, environmental issues, nuclear radiation; epidemics; security and order; and national defense emergencies. Accordingly, the draft law specifies the commanding force and the implementing force for these situations.

Delegates noted that this regulation is inconsistent and fragmented, leading to confusion among relief, rescue, and charitable organizations, leaving them unsure of who to reach.

"If an emergency situation lacks a unified command structure, there will be great confusion in receiving aid, and some aid-givers may even become victims themselves," Mr. Huan said.

The delegate cited the initial Covid-19 outbreak as an example, where many forces were involved, but when the situation became complicated, such as in Ho Chi Minh City, the Ministry of National Defense had to intervene, and only then did it become effective. Mr. Huan argued that only the Ministry of National Defense has the necessary forces, resources, and experience to respond to emergencies like wartime.

The military is participating in the fight against the Covid-19 pandemic in Ho Chi Minh City. Photo: Thanh Tung

Therefore, he suggested that the permanent emergency response agency should be assigned to the Ministry of Defense, while the rapid response force should be under the Ministry of Public Security.

Minister of Defense Phan Van Giang expressed his agreement with the proposal to clearly define the standing agency in a state of emergency and stated that this content would be specifically regulated in a decree or added to a law.

According to him, in emergency situations, the armed forces, especially the Army, are fully equipped with the necessary resources, means, and organization to assume the core role.

"Mobilizing the people's strength is also very good, but the fact that people can protect their own personal property is already very valuable. People helping each other is also very valuable. As for other tasks, the participation of specialized forces, especially the Army, is needed," General Phan Van Giang emphasized.

Source: https://vietnamnet.vn/dai-tuong-phan-van-giang-noi-ve-doi-tuan-tra-dac-biet-trong-tinh-trang-khan-cap-2415284.html