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THE
STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF
VIET NAM
Independence
- Freedom – Happiness
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No.
32-L/CTN
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Hanoi, May 19, 1994
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ORDINANCE
ON
THE PROTECTION OF DEFENSE PROJECTS AND MILITARY ZONES
To enhance the efficiency of
State management, raise the sense of responsibility of State offices, the people's
armed forces units, economic organizations, social organizations and all
citizens in caring for and protecting the defense projects and military zones
with the aim of maintaining a high defense capability and serving the defense
and construction of the Socialist Republic of Vietnam;
Proceeding from Article 44,
Article 48 and Article 91 of the 1992 Constitution of the Socialist Republic of Vietnam;
This ordinance provides for the
protection of defense projects and military zones.
Chapter I.
GENERAL PROVISIONS
Article 1.- The defense
projects and military zones are the property of the State given to the charge
of the people's armed forces and the administration at various levels for
construction, management, utilization and protection with the aim of defending
and building the Socialist Republic of Vietnam.
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The military zones are zones
specifically demarcated for military purposes.
Article 3.-
The State offices, the people's armed forces units, economic organizations,
social organizations and all citizens are responsible for protecting the
defense projects and military zones, and are obliged to observe the laws on
their protection.
Article 4.-
The defense projects and military zones must be planned and used rationally for
the set purpose and with high efficiency.
Those organizations and
individuals who wish to build economic and dwelling projects affecting defense
projects and military zones must seek the advice of the office in charge of the
management of the defense projects and military zones concerned and must apply
for permission from an authorized administrative level prescribed by the
Government.
Article 5.-
All activities to protect defense projects and military zones must be in
accordance with law.
The protection of defense
projects and military zones must be combined with the protection of mineral
resources, historic and cultural relics and scenic spots, and must be
undertaken with respect for the legitimate rights and interests of
organizations and citizens.
All acts which cause damage to
defense projects and military zones must be duly punished in accordance with
law.
Chapter II.
THE PROTECTION OF DEFENSE PROJECTS AND MILITARY ZONES
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Article 7.-
The defense projects and military zones are classified and each has its own
regulations for protection depending on its character and utilization purpose.
The utility value and design age
of the defense projects and military zones must be kept secret and safe, as
required by their designs and economic and technical feasibility studies; and
their specialized equipment and materials must be strictly controlled.
Article 8.-
The People's Committees at various levels are obliged to protect or join the
units concerned in protecting the defense projects and military zones in their
localities as prescribed by the Government. The people's armed forces units are
directly responsible for protecting the defense projects and military zones
under their management and utilization.
The People's Committees at
various levels and the people's armed forces units must coordinate their plans
in regularly protecting the defense projects and military zones to keep them
from degrading or being used for the wrong purpose.
Article 9.-
Any act of encroachment on, damaging or sabotaging defense projects and
military zones is strictly forbidden; so is the building, exploitation and
installation of equipment and other acts that may affect the structure, effect,
safety and secrecy of defense projects and military zones.
Article 10.-
All activities of residence, production and trading, entry and exit, traveling,
filming and photographing and other activities in the forbidden area, the
protected area and the safety belt of defense projects and military zones must
abide by the Statute issued by the Government on the protection of defense
projects and military zones.
Chapter III.
STATE MANAGEMENT OF THE PROTECTION OF DEFENSE PROJECTS
AND MILITARY ZONES
Article 11.- The
Government exercises unified State management of the protection of defense
projects and military zones with the following tasks and powers:
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2. Guiding and approving the
overall planning, and providing budget allocations and materials and technical facilities
for the management and protection of defense projects and military zones;
3. Guiding the compulsory
purchase or the requisition with compensation of property of individuals or
organizations in accordance with law in case of extreme necessity for the
protection of defense projects and military zones, and for the national
interest;
4. Issuing statutory provisions
on the management and protection of defense projects and military zones;
5. Inspecting and examining the
management, utilization and protection of defense projects and military zones.
Article 12.-
The Ministry of Defense, assigned by the Government to exercise direct State
management of the protection and utilization of defense projects and military
zones, has the following obligations and powers:
1. Preparing draft laws on the
management, protection and utilization of defense projects and military zones;
issuing regulations on the management, protection utilization of defense
projects and military zones in accordance with its authority;
2. Educating the officers,
soldiers and defense workers in the sense of strictly abiding by the
regulations on the protection and use of defense projects and military zones;
3. Organizing the management,
protection and utilization of defense projects and military zones, inspecting
and examining it.
4. Dealing with violations of
the regulations on the management, protection and utilization of defense
projects and military zones in accordance with its authority.
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1. Combining the plan of social
and economic development and their own work with the building, management and
protection of the defense projects and military zones concerned; cooperating
with the Ministry of Defense in the management and protection of defense
projects and military zones;
2. Educating their cadres and
personnel in the sense of strictly abiding by the regulations on the protection
of defense projects and military zones;
3. Dealing with violations of
the regulations on the protection of defense projects and military zones in
accordance with their authority.
Article 14.-
The People's Committees at various levels have the following tasks and powers:
1. Managing and protecting the
defense projects and military zones in their localities as prescribed by the
Government; combining the plan of social and economic development with the
building and protection of defense projects and military zones in their
localities; coordinating their protection plan with those of the people's armed
forces units stationed in their localities;
2. Cooperating with the people's
armed forces units in mapping the boundaries of defense projects and military
zones and granting certificates of land use right in accordance with their
authority;
3. Cooperating with the
Fatherland Front and its member organizations and other social organizations in
educating the people in the sense of strictly abiding by the provisions on the
protection of defense projects and military zones;
4. Dealing with violations of
the regulations on the protection of defense projects and military zones in
accordance with their authority.
Chapter IV.
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Article 15.- Those
organizations and individuals who are credited with achievements in the
management and protection of defense projects and military zones will be
commended and rewarded in accordance with the State's stipulations.
Those who are killed, injured or
suffer damage to their health or property while participating in the management
and protection of defense projects and military zones, shall be treated in
accordance with the relevant State policies.
Article 16.-
Those organizations and individuals who violate the prescriptions on the
protection of defense projects and military zones shall be disciplined, fined
or investigated for criminal responsibility depending on the character and
extent of their violations.
Article 17.-
Those who are entrusted with the management and protection of defense projects
and military zones, but who either out of irresponsibility or by abusing their
position and powers infringe upon mineral resources, historic and cultural
relics, or the lawful interests of other organizations and individuals, shall
be disciplined, fined or investigated for criminal responsibility depending on
the character and extent of their violation.
Article 18.-
Those organizations and individuals who by breaking the laws on the management
and protection of defense projects and military zones cause loses to the State
or to other organizations and individuals, shall be dealt with in accordance
with Article 16 and Article 17 of this Ordinance and shall have to make
compensations for the losses in accordance with laws.
Chapter V.
FINAL PROVISIONS
Article 19.- All earlier
provisions which are contrary to this Ordinance are annulled.
Article 20.-
The Government shall make detailed provisions for the implementation of this
Ordinance.
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ON
BEHALF OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
CHAIRMAN
Nong Duc Manh