The Minister of Public Security is authorized to apply security measures.

On the afternoon of June 28, with 463/464 delegates in favor, the National Assembly passed the Law amending and supplementing a number of articles of the Law on Security Guards. The Law will take effect from January 1, 2025. The Law has added many new regulations on security subjects and security measures.

The current Law on Guards stipulates that the subjects of guarding include: General Secretary; President; Chairman of the National Assembly, Prime Minister; former General Secretary, former President, former Chairman of the National Assembly, former Prime Minister; Politburo member, Secretary of the Party Central Committee; Chairman of the Central Committee of the Vietnam Fatherland Front, Vice President, Vice Chairman of the National Assembly, Deputy Prime Minister.

The Law amending and supplementing a number of articles of the Law on Guards has added three more positions to the list of guard subjects: Standing Secretary of the Secretariat, Chief Justice of the Supreme People's Court, and Chief Prosecutor of the Supreme People's Procuracy.

Mr. Le Tan Toi - Chairman of the National Assembly's Defense and Security Committee (Photo: National Assembly Media).

Regarding the application of security measures to cases not subject to the provisions of the Security Law, explaining this content, Mr. Le Tan Toi - Chairman of the National Assembly's Committee on National Defense and Security said that according to the provisions of the law, the Minister of Public Security has the authority to decide to apply professional measures, including security measures to protect national security and ensure social order and safety.

Therefore, this law adds a provision that the Minister of Public Security decides to apply security measures to cases that are not subject to security, which is consistent with the authority of the Minister of Public Security.

Because the decision to apply security measures is related to the restriction of human rights and civil rights, it is necessary to stipulate in the law that the Minister of Public Security decides to apply security measures, not to issue documents detailing this content.

The National Assembly passed the Law amending and supplementing a number of articles of the Law on Security Guards on the afternoon of June 28 (Photo: National Assembly Media).

Regarding some opinions suggesting to consider adding the Standing Secretariat as a guard, because there is already a guard member as a Politburo member. Some opinions say that, according to the Secretariat's Working Regulations, the Standing Secretariat includes the General Secretary and the Standing Secretariat. In addition, there are opinions suggesting to add a separate guard regime and measures for the Standing Secretariat.

The Standing Committee of the National Assembly finds that Clause 1, Article 10 of the Law on Guards (amended and supplemented at Point b, Clause 3, Article 1 of this draft law) stipulates that the subjects of guarding are people holding key leadership positions and titles, senior leaders of the Communist Party of Vietnam, the State of the Socialist Republic of Vietnam, and the Central Committee of the Vietnam Fatherland Front in the direction of listing specific subjects of guarding is consistent with the content of Conclusion No. 35 dated May 5, 2022 of the Politburo.

The current Law on Security Guards stipulates that if a person enjoys many different security regimes, that person will enjoy the highest level of security regime.

In response to delegates' opinions, the National Assembly Standing Committee directed the review and regulation of "Person holding the position and title of Standing Secretary of the Secretariat" in Clause 4 and Clause 5, Article 1 of the draft Law (Clause 3, Article 11 and Clause 3, Article 11a).

Regarding the protection regime and measures, the draft law stipulates groups of subjects with the same regime and measures, in accordance with groups of positions and titles according to Conclusion No. 35.

“The positions and titles of the Standing Secretariat and Politburo members are regulated to have the same regime and security measures, which is appropriate and has been implemented stably in the past, without any problems,” said Mr. Le Tan Toi. Therefore, the National Assembly Standing Committee proposed that the National Assembly not add regulations on separate security regimes and measures for this security group .

Source: https://www.nguoiduatin.vn/thong-nhat-bo-truong-bo-cong-an-duoc-quyen-ap-dung-bien-phap-canh-ve-a670650.html