Perfecting the legal framework for Vietnam's participation in United Nations peacekeeping

General Phan Van Giang, Minister of National Defense , presented the Draft Law on Participation in United Nations Peacekeeping Forces. (Photo: Phuong Hoa/VNA)

Continuing the session program, on the afternoon of May 14, the National Assembly listened to the Presentation and Report on the review of the draft Law on Participation in the United Nations Peacekeeping Force.

Authorized by the Prime Minister , Minister of National Defense Phan Van Giang presented the Draft Law, stating: The Draft Law consists of 4 chapters and 26 articles, aiming to promptly and fully institutionalize the Party's guidelines and policies, the Constitution, policies and laws of the State and international treaties to which the Socialist Republic of Vietnam is a member regarding participation in United Nations peacekeeping activities; contributing to perfecting the legal framework for Vietnam's participation in United Nations peacekeeping activities.

The viewpoint in drafting the Law is to fully institutionalize the Party's policies and viewpoints on the task of protecting the Fatherland, the task of national defense and security stated in the Resolution of the 13th National Party Congress; in accordance with the provisions of the United Nations Charter, international treaties and agreements to which the Socialist Republic of Vietnam is a member; ensuring constitutionality, legality, and consistency with the Vietnamese legal system; closely following the 3 groups of policies in the proposal to draft the Law approved by the Government, including building Vietnamese forces to participate in United Nations peacekeeping activities; deploying forces to participate in United Nations peacekeeping activities: ensuring resources; regimes and policies.

The Draft Law stipulates principles, subjects, forms, and fields; building and deploying forces; ensuring resources, regimes, and policies; international cooperation on United Nations peacekeeping and the responsibilities of agencies and organizations in participating in the United Nations peacekeeping force.

Subjects of application include officers, professional soldiers, defense workers and civil servants, non-commissioned officers, soldiers and units under the Ministry of National Defense; professional and technical officers, non-commissioned officers, police workers, soldiers and units under the Ministry of Public Security assigned to participate in the United Nations peacekeeping force; State officials, civil servants and public employees assigned to participate in the United Nations peacekeeping force; agencies, units, organizations and individuals related to participation in the United Nations peacekeeping force.

Chairman of the National Assembly's Committee on National Defense, Security and Foreign Affairs Le Tan Toi presented the Report on the review of the draft Law on Participation in United Nations Peacekeeping Forces. (Photo: Doan Tan/VNA)

Reporting on the review of the draft Law, Chairman of the National Defense, Security and Foreign Affairs Committee Le Tan Toi affirmed that the agency in charge of the review agreed on the necessity of promulgating the Law to perfect the law on Vietnam's participation in United Nations peacekeeping activities.

The participation of the people's armed forces in United Nations peacekeeping is a direct contribution to the noble mission of the United Nations.

This is also an opportunity to expand international cooperation, exchange experiences, and approach new issues in military, civil, security, and order on a large scale and scope, in a diverse, difficult, and complicated geopolitical, socio-economic, and cultural environment; contributing to improving the organizational and command capacity, skills, and effectiveness of the people's armed forces in protecting the independence, sovereignty, and territorial integrity of the Fatherland.

According to Mr. Le Tan Toi, the draft Law dossier has been carefully prepared by the drafting agency in accordance with the provisions of the Law on Promulgation of Legal Documents, and is eligible to be submitted to the National Assembly for comments at the 9th Session of the 15th National Assembly.

The draft Law basically institutionalizes the Party's guidelines and policies, is consistent with the Constitution, and ensures consistency in the legal system.

Overview of the meeting. (Photo: Phuong Hoa/VNA)

However, the Committee on National Defense, Security and Foreign Affairs believes that the drafting agency needs to continue to review and clarify the political, legal and practical basis for the regulation of civilian subjects as cadres, civil servants and public employees of the State sent to participate in the United Nations peacekeeping force (in Clause 2, Article 2); the "commanding role of the President" in sending civilian forces to participate in the United Nations peacekeeping force (in Clause 1, Article 4) to ensure constitutionality and consistency in the legal system.

Regarding the direction, management, command, and operation of Vietnamese forces participating in United Nations peacekeeping operations as prescribed in Article 17; the rotation and replacement procedures (Article 21), there are opinions suggesting revising Clause 4, Article 17 in the direction of "assigning the Ministry of National Defense to preside over and coordinate with departments, ministries, branches, and localities to direct, manage, and operate civilian forces under its authority to participate in United Nations peacekeeping operations."

In addition, there are opinions suggesting to supplement the procedure for the case of “emergency replacement” in Article 21; at the same time, it is suggested to review and supplement this procedure for the civilian force in Article 23 of the draft Law. Regarding the above contents, the National Assembly’s Committee on National Defense, Security and Foreign Affairs requests the Drafting Agency to study the above opinions to revise the draft Law accordingly.../.

(Vietnam News Agency/Vietnam+)

Source: https://www.vietnamplus.vn/hoan-thien-khuon-kho-phap-ly-ve-viec-viet-nam-tham-gia-gin-giu-hoa-binh-lien-hop-quoc-post1038479.vnp