The draft law stipulates the establishment of special patrol teams under the police, army and militia. The captains of these patrol teams are empowered to search people, vehicles, residences and objects; and to detain people, evidence and vehicles that pose a threat to national security.

Authorities also set up guard stations, checked documents, luggage, items and used weapons and support tools to prevent violations or resistance.

Delegate Pham Van Hoa ( Dong Thap ) said that this regulation is necessary, however he was concerned about the right to search vehicles, houses and urgently arrest subjects.

Delegate Hoa suggested that specific regulations should be made to ensure people's rights, because citizens' rights are inviolable. "If we take advantage of the state of emergency and arrest the wrong people, I think it would not be good," Mr. Hoa expressed his concern.

Regarding the force, Mr. Hoa said that if the militia carried out the emergency order to arrest vehicles or people, it would not be good, so there must be regular forces of the army or police to coordinate the implementation.

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General Phan Van Giang, Minister of National Defense, gave an explanatory speech. Photo: Pham Thang

Explaining the above opinion, General Phan Van Giang, Minister of National Defense said: "We want that when people see illegal acts or are caught red-handed, everyone has the right. But in case of a state of emergency, there will be a special patrol team." The Minister said that he would ask to accept the opinion of delegate Hoa and express it more clearly in the decree.

Regarding the opinion that the militia should be regularized, the Minister of National Defense stated that at some point the militia must be more systematic than it is now and have enough capacity. He said that the law, when put into effect, must be long-term, "if we only look at the present and stipulate it immediately, it can be in a decree or circular", but the law must be longer. However, General Phan Van Giang affirmed that the militia will improve its level in the future.

Delegate To Van Tam ( Kon Tum ) stated that the authority to declare a state of emergency belongs to the National Assembly Standing Committee, and the authority to declare a state of emergency belongs to the President. The President shall declare a state of emergency based on the decision of the National Assembly Standing Committee to declare a state of emergency.

In case the National Assembly Standing Committee cannot meet, the President shall declare a state of emergency.

"If the National Assembly Standing Committee cannot meet, it cannot decide to declare a state of emergency. If there is no decision to declare a state of emergency, there is no basis for the President to make the announcement. Because this announcement is based on a resolution of the National Assembly Standing Committee," Mr. Tam raised the issue.

The delegates proposed to adjust in the direction that in the event that the National Assembly Standing Committee cannot meet, the President should be given the authority to declare and announce a state of emergency at the request of the Prime Minister.

Regarding this proposal, General Phan Van Giang said he will accept and study it so that in case the National Assembly Standing Committee cannot meet, regulations can be made to delegate power to the President.

"We want to specify it through a work of the Prime Minister, but if it is written as a competent authority, we have to specify it through a decree. We will study this opinion to make it strict," the Minister explained.

Delegate Nguyen Quang Huan (Binh Duong) shared experiences from the Covid-19 pandemic and all difficulties in the implementation process when there was no permanent agency.

The draft law outlines emergency measures and states including: response to natural disasters, environmental disasters, nuclear radiation; epidemics; security and order; national defense emergencies. Accordingly, the draft law outlines command forces in the situation and enforcement forces.

Delegates commented that this regulation is inconsistent and scattered, which will lead to a situation where relief, rescue or volunteer agencies are confused and do not know who to approach.

"If there is an emergency without a unified command agency, it will be very confusing to receive aid, and even those who go to provide aid will become victims," ​​said Mr. Huan.

The delegate cited that the Covid-19 outbreak initially had many forces participating, but when the situation became complicated like in Ho Chi Minh City, the Ministry of National Defense had to participate and then it was effective. Mr. Huan said that only the Ministry of National Defense has enough forces, means, and experience to respond to emergency situations like war.

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The army participates in the prevention and control of Covid-19 epidemic in Ho Chi Minh City. Photo: Thanh Tung

Therefore, he proposed that the standing agency for the state of emergency be assigned to the Ministry of National Defense, and the rapid response force be assigned to the Ministry of Public Security.

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

According to him, in emergency situations, the armed forces, especially the Army, are the force with full conditions, means and organization to take on the core role.

"Mobilizing people's strength is also very good, but people being able to keep their own personal property is very valuable. People helping each other is also very valuable. Other tasks require the participation of specialized forces, especially the Army," 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