The draft of the Law on Protection of Important Works Related to National Security, led by the police ministry, no longer sets out a role for the Defense Ministry.
The Latest: On the morning of Nov. 5, the National Assembly discussed the draft of the Law on Protection of Important Works Related to National Security, which is expected to pass this session.
- Within the draft, the police ministry proposes several measures to expand its powers, explicitly positioning the police as the “core” force responsible for protecting important works related to national security.
- Notably, diverging from current rules, the draft entirely omits any mention of the Defense Ministry’s role in these operations.
- The draft only notes that the law is expected to take effect in 2027, without specifying an exact date.
The Details: The stated reasoning for this omission is that Defense Ministry facilities are already governed separately by the Law on Management and Protection of National Defense Works and Military Zones.
- Simultaneously, the draft introduces a new category designated as “other important works related to national security.”
- These are defined as works that fall under the state-management functions and duties of agencies, organizations, and localities, strictly excluding those managed by either the police ministry or the Defense Ministry.
Below is Luật Khoa’s comparison of the roles of the police ministry and the Defense Ministry under the draft and the current law.
| Issue | 2007 Ordinance on Protection of Important Works Related to National Security | Draft Law on Protection of Important Works Related to National Security (draft published July 6, 2026) |
| Scope | Article 1 states that the ordinance governs matters related to protecting important works related to national security. | Clause 2, Article 1 adds: “The protection of important works related to national security belonging to the People’s Army shall be carried out in accordance with the law on management and protection of national defense works and military zones.” |
| Principles | Article 3 sets out three principles: (1) comply with the Constitution and the law, and protect the interests of the state and the legitimate rights and interests of organizations and individuals; (2) closely combine the requirements of protecting works with those of socioeconomic development; (3) proactively prevent, detect, stop and promptly handle acts that infringe on the security and safety of works. | Article 3 sets out six principles, including: “Protecting important works related to national security is a key, regular task and the responsibility of the entire people and the entire political system, with the People’s Public Security as the core.” |
| Protection forces | Article 6 lists three forces: the police ministry’s protection force; the Defense Ministry’s protection force; and the protection forces of the agencies and organizations managing the works. | Article 30 lists two forces: the police ministry’s protection force and the protection forces of the agencies and organizations managing the works. The Defense Ministry’s protection force is removed. |
| Authority to decide the list of works | Article 12 gives the government the power to decide the list of important works related to national security and set their protective corridors, at the proposal of the Appraisal Council. | Article 18: (1) The prime minister decides the list of Type I works based on the police ministry’s appraisal report. (2) The police minister decides the list of Type II works. (3) Chairs of provincial and municipal People’s Committees decide the list of Type III works based on appraisal reports from provincial and municipal police. |
| Appraisal body | Article 13: (1) The Appraisal Council is an advisory body that appraises important works related to national security. It works collectively, decides by majority, and follows operating rules set by the government. (2) The police minister chairs the council and decides its members, including representatives of relevant ministries, ministerial-level agencies and organizations, to appraise all works except those managed by the Defense Ministry. (3) The defense minister chairs the council and decides its members, including representatives of the police ministry, other ministries, ministerial-level agencies and relevant organizations, to appraise works managed by the Defense Ministry. | Article 20: (1) For Type I works, the police minister establishes an Appraisal Council with representatives of relevant ministries, ministerial-level agencies, provinces and cities, agencies and organizations. (2) For Type II works, the police minister assigns units to conduct appraisals by sector. (3) For Type III works, the provincial police director establishes an Appraisal Council with representatives of relevant agencies and of the police ministry’s appraisal unit. |
| Authority to organize protection forces | Article 14: (1) The police minister decides the structure of protection forces for works managed by the police ministry. (2) The defense minister decides the structure of protection forces for works managed by the Defense Ministry. (3) Heads of agencies and organizations managing work decide the structure of their protection forces after reaching an agreement with the police ministry. | Article 30: (1) The police minister decides to establish the police ministry’s protection force. (2) Heads of agencies and organizations managing works establish their protection forces following the police ministry’s guidance. |
| The Defense Ministry’s responsibilities in state management | Article 20: (1) Organize protection of works managed by the Defense Ministry under this ordinance and other relevant laws. (2) Lead and coordinate with ministries and ministerial-level agencies in state management of protecting works managed by the Defense Ministry. | Removed. |
From Lawmakers: During a group discussion session on Oct. 26, lawmaker Trần Minh Trọng proposed an addition to Article 41 of the draft to reintroduce military jurisdiction, stating:
“The Defense Ministry directs relevant forces under its command to coordinate in protecting important works related to national security in border areas, islands, and the continental shelf; to coordinate in controlling airspace; and to neutralize unmanned aerial vehicles that violate the airspace of these works.”
At the Nov. 5 discussion, lawmakers demanded clarity on the responsibilities of Defense Ministry forces.
- Multiple lawmakers requested that the police ministry establish a broad, comprehensive mechanism for coordination among the various forces tasked with protecting important works related to national security.
Clarification: Despite the omission in this draft, the Defense Ministry does not lose its inherent jurisdiction.
- The ministry still holds the ultimate authority to protect national defense works and military zones under the Law on Management and Protection of National Defense Works and Military Zones.
- In that area, the police ministry plays a coordinating role.
Lê Sáng wrote this news article in Vietnamese and published it in Luật Khoa Magazine on Nov. 6, 2026. The Vietnamese Magazine translated it into English.
