The new law consists of 6 chapters and 35 articles.

Under the law, in the event of an emergency related to national security, public order, or safety, the government will be authorized to establish special propaganda task forces and special patrol units.

Special patrol unit empowered to act during emergencies

In emergency scenarios, in addition to existing authorities authorized to detain individuals and handle violations, the commander of a special patrol unit is granted powers to detain administrative violators and impose penalties  -  equivalent to the authority granted to Border Station Chiefs or Commune Police Chiefs under the Law on Handling Administrative Violations.

Forces involved in preventing, responding to, and overcoming emergencies will consist of two groups: core forces and broader civilian participation.

Core forces include the military, police, militia, civil defense teams, and personnel from ministries, sectors, and localities. The emergency response team, special propaganda task force, and special patrol unit are formed from these core forces.

The broader force will consist of the general public.

Expanded authority granted to the Prime Minister

An emergency situation is defined as a condition officially declared by the competent authority, either in specific localities or nationwide, when a disaster or threat of disaster poses serious danger to human lives, public and private property, national defense, national security, public order, or social safety.

The law classifies emergencies into three categories: disaster emergencies, national security/public safety emergencies, and defense-related emergencies.

The Standing Committee of the National Assembly holds the authority to decide on declaring or revoking a state of emergency.

Based on the Committee’s resolution, the President issues the formal proclamation. If the Committee cannot convene, the President may act directly.

The Prime Minister is responsible for submitting proposals to the Standing Committee regarding emergency declarations or cancellations. If the Committee cannot meet, the Prime Minister may propose directly to the President.

A state of emergency will be lifted once the threat of disaster has passed or the situation has been contained, and national security and public safety have stabilized.

Legal flexibility in extreme cases

The law notably grants the Prime Minister the authority to enact urgent, non-legislated measures in exceptional circumstances, provided they are necessary for the national interest, public safety, or to protect citizens’ lives and health  -  and have received prior approval from the appropriate authority.

Even before a formal declaration of emergency, the Prime Minister may implement the law’s stipulated measures or others not yet codified, if the situation demands it.

These actions must then be promptly reported to relevant Party and National Assembly authorities.

The law also requires that the adoption, modification, or cessation of emergency measures must be timely, transparent, and publicly communicated.

Any action that restricts human or civil rights must be genuinely necessary, evidence-based, proportionate to the nature and severity of the event, and free of discrimination.

Tran Thuong