The need to develop a Law on Management and Protection of National Defense Works

At the press conference, Major General Luu Quang Vu said the need to develop a Law on Management and Protection of National Defense Works and Military Zones.

Accordingly, on May 19, 1994, the National Assembly Standing Committee issued the Ordinance on Protection of National Defense Works and Military Zones; during the implementation of the Ordinance, the management and protection of national defense works and military zones achieved important results, actively contributing to consolidating and building the defense zone posture, enhancing national defense potential to protect the Fatherland and develop the economy and society.

However, after nearly 30 years of implementation, the Ordinance has revealed a number of shortcomings, such as: The determination of the scope and boundaries of protection of defense works and military zones has not been specifically and clearly regulated; there are still phenomena of illegal encroachment and cultivation in the scope assigned for management and protection; the coordination between localities with the Ministry of National Defense and military units in determining the scope and boundaries for management and protection has not been implemented synchronously; the development of plans and licensing of operations in a number of socio-economic development projects and the management of foreigners residing in a number of localities and areas related to defense works and military zones are not strict...

At the same time, Clause 2, Article 14 of the 2013 Constitution stipulates: "Human rights and civil rights may only be restricted in accordance with the provisions of law in necessary cases for reasons of national defense, national security, social order and safety, social morality, and public health." The management and protection of national defense works and military zones have regulations restricting the right to travel and activities of individuals and organizations in certain cases, which are currently only regulated in sub-law documents.

In addition, in recent times, the system of legal documents has continued to be newly issued or amended and supplemented; in which, there are many contents related to the management and protection of national defense works and military zones, such as: Land Law 2013; Law on Management and Use of Public Assets 2017; Planning Law 2017; Investment Law 2020; Construction Law 2014, amended and supplemented in 2020... However, because the Ordinance was issued in 1994, many provisions are no longer suitable and need to be studied, amended and supplemented to ensure consistency and synchronization with the current legal system.

Practice shows that, through recent wars and conflicts in the world, besides the factors of forces and weapons participating in war, defense works and military zones are very important in defensive operations.

For the above reasons, the development of the Law on Management and Protection of National Defense Works and Military Zones is necessary to overcome the shortcomings and inadequacies of the Ordinance; at the same time, to implement the Party and State's policy on perfecting the legal system on national defense, to meet the requirements of military, national defense and Fatherland protection tasks in the new situation.

The draft Law on Management and Protection of National Defense Works and Military Zones was drafted in mid-2022. During the process of drafting the draft law, the Drafting Committee conducted surveys and workshops in 6 provinces and centrally-run cities; collected opinions from 48 ministries, branches, and localities; and widely solicited opinions from agencies, organizations, businesses, and people at home and abroad.

The draft law consists of 6 chapters and 34 articles, with 4 groups of policies: Completing regulations on determining the scope of protection of defense works and military zones and the content of management and protection of defense works and military zones; management and protection regime for restricted areas, protected areas, safety belts, ammunition depot safety belts, technical safety corridors of military antenna systems of defense works and military zones; changing the purpose of use, demolishing, and relocating defense works and military zones; policies for localities, agencies, organizations, households, individuals, and areas affected by the requirements of management and protection of defense works and military zones.

At the press conference, Major General Tran Duc Thuan, Standing Member of the National Assembly's Committee on National Defense and Security, informed about the contents that the National Assembly Standing Committee had reviewed and commented on the draft law; representatives of the Ministry of National Defense's functional agencies answered reporters' questions about the process of drafting and the content of the draft Law on Management and Protection of National Defense Works and Military Zones.

According to plan, the 15th National Assembly will give its first opinion on the draft law at the upcoming 5th Session and pass it at the 6th Session.

News and photos: SON BINH

Source