Viet Nam’s consistent position to strongly condemn all acts of terrorism
irrespective of their forms and motivations. All perpetrators of terrorist
acts, including those conducting incitement of terrorist acts, must be brought
to justice. Viet Nam supports the efforts to eliminate terrorism from the life
of mankind, and holds that cooperation measures to counter terrorism must be
conducted in conformity with the Charter of the United Nations and basic
principles of international law.
the guidance provided in the Note Verbale
No. SCA/3/11 (02) dated 27 May 2011 by the Counter-terrorism Committee of the
United Nations Security Council, the Government of the Socialist Republic of Viet
Nam hereby submits to the Counter-terrorism Committee of the United Nations
Security Council the Report on Viet Nam's implementation of Resolution 1624.
QUESTIONS & ANSWERS
Question 1: How does your Government
assess the evolution of risks and threats in your State associated with the
issue of incitement to commit acts of terrorism?
has assessed the evolution of risks and threats associated with the issue of
incitement to commit acts of terrorism through the implementation of the
Maintaining a close watch over the political and security conditions in the
country as well as in the region and the world; gathering and processing
information; forecasting possible scenarios.
Establishing information exchange mechanisms with Interpol, ASEANPOL and other
countries’ security, intelligence and police forces for making assessment of
the impacts and potential threats to Viet Nam's national security including
those related to the incitement of terrorist acts.
Establishing mechanisms for coordinating and exchanging information among relevant
agencies and organizations of Viet Nam as well as between them and Vietnamese
diplomatic missions abroad for accurate assessment and timely application of
preventive measures to deal with threats associated with the issue of
incitement to commit acts of terrorism (if any).
Launching a campaign for entire people to participate in national security defense;
instructing agencies from central to local levels to conduct measures to
disseminate information, mobilize and encourage the people, agencies, socio-economic
organizations to participate in the protection of national security, with a
view to raising people’s vigilance and ensuring their timely report of
suspicious terrorist-related activities to competent agencies.
Question 2: Can you please describe
any new measures your Government has taken to prohibit and prevent incitement
to commit acts of terrorism, to deny safe haven, or to cooperate with other
States to strengthen the security of international borders, with a view to
preventing those guilty of incitement from entering your State’s territory.
1. Measures to prohibit and prevent incitement to commit acts of
terms of policy, Viet Nam always gives priority to the prevention of terrorist
activities while proactively building the capacity to deal with possible
terrorist acts. To this end, in November 2007, the Prime Minister signed the Directive
No. 25/2007/CT-TTg on Counter-Terrorism in the New Situation. To implement the
Directive, relevant ministries and agencies have established their
counter-terrorism committees, focal points and coordinated closely with other ministries
and agencies in the tasks related to prevention and countering of terrorism.
terms of legal framework, Viet Nam amended its 1999 Penal Code in 2009 by
adopting the Law Amending and Supplementing Some Articles of the Penal Code to
ensure the country’s compliance to international commitments on
counter-terrorism. The amendments include the change in Article 84 from
"Terrorism" to "Terrorism against the People's Authority,"
and the supplementation of two terrorist-related Articles: 230a
"Terrorism" and Article 230b "Financing of terrorism."
- Those who intend to cause public
panic by infringing upon the lives of others or destroying property of
agencies, organizations and individuals shall be sentenced to between ten
and twenty years of imprisonment, life imprisonment or capital punishment.
- Committing the crime in case of
infringing upon body freedom and health, or appropriating and damaging
property of agencies, organizations and individuals, offenders shall be
sentenced to between five and fifteen years of imprisonment.
- Committing the crime in case of
threatening to commit any of acts specified in Clause 1 of this Article or
committing other acts of mental intimidation, offenders shall be sentenced
to between two and seven years of imprisonment.
- Offenders may also be subject to
probation, residence ban for between one and five years, confiscation of
part or the whole of their property.
Article 230b. Financing
- Those who raise and contribute money and
property in any form to terrorism organizations or terrorists shall be
sentenced to between five and ten years of imprisonment.
- Offenders may also be subject to
probation, residence ban for between one and five years, confiscation of
part or the whole of their property.
Penal Code, as amended in 2009, has not specifically provided for the offence
related to the incitement of terrorism. However, the provision on “accomplice”
in Article 20 of the 1999 Penal Code, as amended in 2009, clearly stipulates that
“organizers, executers, inciters, and
supporters are all accomplices,” “the
inciter is the one who incites, induces and stimulates others to commit
crimes.” Accordingly, terrorism instigators shall be punished under Article
84 on “Terrorist crimes against the People’s Administration” or under Article
230a on “Terrorism” in the 1999 Penal Code, as amended in 2009.
Given the above mentioned policies and legal framework, Viet Nam has taken
specific measures as follows:
information, mobilizing and encouraging people, agencies and socio-economic
organizations to participate in the protection of national security with a view
to raising the people’s vigilance and ensuring their timely report on
suspicious terrorist-related activities to competent agencies;
and processing information, forecasting possible scenarios; issuing in a timely
manner guidelines and policies to eliminate sabotaging and terrorist acts;
administrative management of weapons, flammable substances, explosives and
toxins and management of people’s temporary residence and absence.
2. Measures to deny safe haven to terrorism
First and foremost, it should be underlined that the consistent policy of Viet
Nam is not to allow terrorists to seek safe haven in Viet Nam.
terms of legal framework, the 1999 Penal Code, as amended in 2009, consists of provisions
prescribing the punishment on concealment of or failure to denounce crimes in
general and terrorist crimes in particular, including:
Those who, without prior promise,
conceal one of these offences defined in the following articles shall be
sentenced to non-custodial reform for up to three years or between six months
and five years of imprisonment:
Articles from 78 to 91 on crimes of
infringement upon national security [including Article 84 – Terrorist crimes
against the People’s Administration];
Article 314. Failing to
- Those who have full knowledge of
one of the crimes defined in Article 313 of this Code, which is being
prepared, is being or has been committed, but fail to denounce it, shall
be subject to warning, non-custodial reform for up to three years or a
prison term of between three months and three years.”
addition, Viet Nam has also issued regulations on gathering domestic and
foreign information about terrorism and instructed the Customs control authority
and border-gate customs agencies to strengthen the monitoring, control and
prevention of import and export of terrorist-related goods, such as weapons,
flammable substances, explosives, and publications provoking terrorism against
the State. In particular, over the past years, Viet Nam has issued the
Letter No. 480/BTC-TCHQ dated 29 November 2010 on the coordinating mechanism to
control goods and vehicles to and from Iran;
Letter No. 130/BTC-TCHQ dated 24 April 2011 on the coordinating mechanism to
control goods and vehicles to and from Libya;
Letter No. 233/BCT-TCHQ dated 17 June 2011 on the coordinating mechanism to
control goods and vehicles to and from the Democratic People's Republic of
In practical terms, Viet Nam has strengthened control mechanisms along the
borders, border gates over the exit and entry of people and goods with a view
to detecting and preventing terrorist-related vehicles and suspected people
from entering the Vietnamese territory while enhancing the key protection targets.
These mechanisms include the followings:
- Viet Nam
Interpol Office (under instructions of Ministry of Public Security) coordinates
regularly with the Ministry of Defense, the Ministry of Foreign Affairs and the
Ministry of Finance to implement the ASEAN-EU Project on border gate control,
detection of fake visa and stolen passports, which helps prevent the
immigration and sabotaging activities of organizations and individuals involved
Ministry of Defense of Viet Nam frequently instructs the Vietnamese Border
Guard to increase check and control of the cross-border movement of people,
vehicles and goods to prevent terrorists, terrorist suspects and terrorist
inciters from entering Viet Nam, and at the same time, collaborates with the
Police to carry out close, comprehensive and frequent control over the entire
border-crossing areas, ports, densely-populated places, towns, districts and
commune centers, remote and mountainous areas or places where many foreigners
pass by, do business or reside.
Ministry of Finance provides guidance to the border-gate Customs Control and
Customs Departments on strict implementation of check and control operations.
As a result, many cases of illicit cross-border trafficking of weapons,
explosives, inflammables and publications instigating terrorism or sabotage
have been detected and treated in accordance with the law. The Vietnamese
Customs has installed the container scanning system at a number of ports (such
as in Hai Phong city, Ho Chi Minh city) to detect weapons, radioactive
substances; also conducted verification and route control of some vessels
suspected of arms trafficking under the United Nations’ notice. In addition,
Viet Nam has collaborated with the U.S. State Department and Department of
Homeland Security to organize dozens of training courses on anti-terrorism,
domestic and overseas export control for hundreds of customs officers; and
engaged in active and frequent exchange of information on terrorist acts with
the WCO’s Regional Intelligence Liaison Office in Asia and the Pacific (RILO
A/P), World Customs Organization (WCO), Customs and Police forces of some
regional and non-regional countries such as China, The United States, Japan,
3. Cooperation with other countries to strengthen international border
security with a view to preventing terror instigators from entering Viet Nam.
terms of policy, Viet Nam stands ready to cooperate with other countries to
prevent terrorist instigators from entering Viet Nam.
terms of legal framework, Viet Nam issued the Law on Mutual Legal Assistance in
2007 to create a strong legal domestic basis to implement its international
commitments on mutual legal assistance and extradition of criminals in general
and terror-related criminals in particular.
activities in practice, over the past years, the following activities have been
mechanisms of information exchange and cooperation with Interpol, ASEANPOL,
Security, Intelligence and Police agencies of other countries in order to
timely detect and prevent terrorists’ attempts to enter Viet Nam to conduct
terrorist acts or seek shelter.
cooperation with neighboring and shared-boundary countries; signing the
Protocols and Agreements on Border Control with Laos, Cambodia and China. Most
recently, in 2009, Viet Nam and China signed the Agreement on Land Border
Control Regulations (to replace the 1991 Provisional Agreement on Settling
Issues in the Border Areas between the two countries) and the Agreement on
Border Gates and Land Border Gates Control Regulations. On the basis of the
these international treaties, Vietnamese competent agencies have worked closely
with relevant agencies of neighboring countries to enhance security at the
border, combat terror-related activities such as illicit trafficking of weapons
and explosives, financing of terrorism, production and use of fake travel documents
- Establishing cooperation in the field
of counter-terrorism with other countries, including the installation of “hot
line” with the United States, Great Britain, France, Australia, etc. to ensure
timely exchange of information on anti-terrorism activities.
- Signing more than 20 bilateral
agreements on mutual legal assistance and extradition with India, Great
Britain, Russia, Germany, France, the Republic of Korea, etc; conducting
negotiations and signing of extradition agreements with other countries such as
Australia, Spain, China, Cambodia, etc.
- Signing and ratifying the ASEAN
Agreement on Mutual Legal Assistance in Criminal Matters; studying to ratify
the ASEAN Agreement on Extradition.
- Participating in the negotiation,
signing and ratifying the ASEAN Convention on Counter Terrorism which sets out
a number of rules on cooperation to prevent border infiltration by criminals
among ASEAN countries, including the followings:
- d. Prevent the movement of terrorists or
terrorist groups by effective border control and controls on issuance of
identity papers and travel documents, and through measures for preventing
counterfeiting, forgery or fraudulent use of identity papers and travel
Enhance cross-border cooperation;
Enhance intelligence exchange and sharing of information;”
3: Can you please describe some recent measures your Government has taken to
enhance dialogue and broaden understanding among civilizations? For example,
have there been workshops, consultations or other activities, including any
carried out in cooperation with civil society actors, academic institutions,
the private sector or other relevant non-government actors?
1. In terms of policy, Viet Nam holds the views that
strengthening dialogue and understanding among civilizations is one of the
preconditions to promote bilateral and multilateral cooperation against threats
to peace, stability and development in the region and the world, including
2. Such views have been realized by a number of
activities in cultural and religious fields:
2.1. In cultural field:
Viet Nam supports international efforts aimed at
enhancing dialogue and understanding among civilizations, protecting and
promoting cultural diversity. In July 2007, Viet Nam ratified the UNESCO
Convention on the Protection and Promotion of the Diversity of Cultural
Expressions and became the 65th country ratifying, accepting,
acceding and approving the Convention. Recently, during the 3rd
session of the General Assembly on the UNESCO Convention on the Protection and
Promotion of the Diversity of Cultural Expressions, Viet Nam was officially
elected as a member of the Intergovernmental Committee for Protection and
Promotion of the Diversity of Cultural Expressions, indicating the active role
and stronger commitments of Viet Nam to the international efforts in respecting
and promoting cultural diversity, preventing the discrimination among religions
and cultures in the world.
Viet Nam has taken the lead to organize a lot of
international workshops with the participation of various stakeholders
including regulators, cultural researchers, members of press, representatives
of cultural institutions, arts associations, non-governmental organizations
(NGOs) and artists. These workshops discussed the issues related to culture and
cultural policies. Within the framework of the Viet Nam - Denmark project
“Dialogue between cultural regulators and policy planners”, the Ministry of
Culture, Sports and Tourism has organized an annual workshop with the
participation of policy makers, researchers from universities and institutions,
representatives of arts associations, cultural and arts agencies, media, NGOs
and independent artists since 2007. These workshops become a channel of
dialogue among regulatory bodies, practitioners, representatives of civil
society and artists… to talk about culture-related issues, including cultural
diversity and freedom of expressions.
Within the framework of international cooperation, in
December 2008, Viet Nam and the EU co-organized the ASEM workshop on
“Preservation and Promotion of the Diversity of Cultural Expressions: Sharing
Experiences of Asia and Europe”. This event was attended by more than 120
participants from ASEM countries, partners of ASEM and international
2.2. In religious field
The Government of Viet Nam (represented by the
Government Committee for Religious Affairs) has worked with religious
organizations to conduct festival activities, conferences on religious and
ethnic affairs with a broad participation of scholars and representatives of
private sector. The Committee has also sent delegations to attend regional and
international conferences to strengthen understanding among civilizations, different
cultural and religious traditions in order to build up the respect and
tolerance for culture and religion, such as the annual ASEM and ASEAN
interfaith dialogues. At these meetings, the delegates focused on various
topics related to prevention of risks of conflict and terrorism, for instance
“the role of religious organizations in dealing with conflicts”, “solutions to
conflicts and building of peace”.
Question 4: Can you please describe
some recent measures your Government has taken to counter incitement of
terrorist acts motivated by extremism and intolerance? For example, as in (3)
above, have there been workshops, consultations or other activities, including
any carried out in cooperation with civil society actors, academic
institutions, the private sector or other relevant non-government actors?
First of all, Viet Nam’s policy is to strictly punish any extremism-based or
intolerant acts which incite terrorism, unrest and against the people’s
terms of legal framework, Article 87 of the 1999 Penal Code, as amended in 2009,
stipulates that a sentence (between five years and fifteen years in prison) shall be imposed to
those who commit acts of sowing hatred, stigma and ethnic division, infringing
upon the rights to equality among the community of Vietnamese ethnics; splitting
up religious followers and non-religious people and triggering division between
religious adherents and the people’s administration or social organizations;
and undermining the implementation of policies for international solidarity.
for concrete measures, with a view that prevention of and combating against
terrorism are the tasks of all people, Viet Nam has implemented a number of
measures, as follows: disseminating information, and launching a people-based movement of protecting
national security; developing a mechanism of close coordination among Ministries,
agencies and localities to promptly address disputes, disagreements, religious
and ethnic complaints, contributing to stability; formulating mechanisms of
coordination between national and international institutions and gradually
phasing out reasons and conditions of extremism and intolerance.
terms of religion, since the Ordinance on Belief and Religion of Viet Nam was
approved by the Standing Committee of the National Assembly on 18 June 2004,
the Government Committee for Religious Affairs has conducted communication and
training for the realization of the Ordinance, contributing to the
establishment of religious tolerance and prevention of abusing religion to
incite violence. The third international conference on “Religion and Rule of
Law” was held in Viet Nam, drawing participation of a number of religious and
legal scholars, dignitaries to share information in the process of making legal
documents related to religion and preventing religious intolerance in social
5: Can you please describe some recent measures your Government has taken to
prevent the subversion of educational, cultural, and religious institutions by
terrorists and their supporters? In this
respect, for example, would your Government be able to share any regulations,
guidelines or “good practices” in this area?
1. Viet Nam's policy is to bring to justice any
criminal acts undermining the policy of national unity and technical infrastructure,
including educational, cultural and religious facilities.
2. In terms of legal framework, it is provided in Article 87 “Crime of undermining the
policy of national unity”, Article 85 “Crime of sabotaging the
material-technical foundations of the Socialist Republic of Viet Nam” and
Article 143 “Crime of destroying or deliberately damaging property” of the 1999
Penal Code, as amended in 2009 that criminal acts undermining the policy of national
unity and technical infrastructure, including educational, cultural and
religious facilities will be brought to justice.
3. In practical terms, Viet Nam has invested in
socio-economic development and infrastructure, gradually improved living standards,
both the material and spiritual lives of the people; actively promoted
communication, education on religious and ethnic policy of the Government of Viet
Nam; strengthened communication and dissemination of legal information for the
upland, remote and disadvantaged areas to raise awareness of the people;
developed a mechanism for close collaboration between ministries, agencies and
localities of Viet Nam in settling religious and ethnic disputes, conflicts,
complaints to root out the causes and conditions triggering extremism,
terrorism and prevent terrorists and their supporters from badly affecting
educational, cultural and religious facilities.
6: What has been the impact of the above-described measures?
1. The above-described measures have contributed to
limiting, eliminating the conditions that terrorists can exploit to incite
terrorist acts in Viet Nam; helping Viet Nam avoid being turned into a haven
for terrorists, preventing terrorists and their supporters from affecting the country’s
educational, cultural and religious facilities; fighting against extremism and
the abuse of extremism to provoke terrorism.
2. The implementation of these measures have
contributed to strengthening and expanding international cooperation, both
bilaterally and multilaterally on prevention of and combat with terrorism and to
the implementation of the Resolutions of the United Nations Security Council,
the international treaties on prevention of and combat with terrorism that Viet
Nam signed and acceded to.
3. These measures have effectively contributed to
maintaining political stability, social order and safety in Viet Nam, and thereby
contributing to preventing terrorism in the region and the world.
Question 7: Does your Government
assess that there any particular difficulties involved in implementing
resolution 1624 (2005) and, if so, how might they effectively be addressed?
1. Viet Nam frequently holds workshops
on preventing and countering international terrorism. Recently, the Workshop on
Legal Framework for Preventing and Combating Terrorism was held on 25 March
2010 in Ha Noi with the support of United Nations Office on Drugs and Crime (UNODC).
This workshop was chaired by the Ministry of Foreign Affairs in collaboration
with relevant ministries and agencies. Other inter-agency meetings and
consultations with international specialized agencies have also been carried
out regularly. These activities have enabled Viet Nam to review the results,
advantages and disadvantages encountered during the implementation of United
Nations Security Council’s Resolutions on counter-terrorism in general and
Resolution 1624 in particular.
2. To better meet the demand for
counter-terrorism in the current context and better fulfill international
counter-terrorism duties, Viet Nam has identified challenges, difficulties and
tasks, namely: further improve the legal basis for counter-terrorism,
strengthen the effectiveness of the coordination mechanism among agencies,
sectors and localities in counter-terrorism; strengthen capacity building for
3. In particular, in order to create a
full, comprehensive and uniform legal basis for counter-terrorism, Viet Nam is
in the process of drafting a comprehensive Law on Counter-terrorism. Once it is
formulated and promulgated, this law will be a highly effective legal normative
document for Viet Nam to better carry out its counter-terrorism activities,
ensure national security, maintain social safety and order, promote
international cooperation in preventing and combating this kind of crime.
Question 8: Can you please describe
some measures your Government has taken to ensure that any measures taken to
implement resolution 1624 (2005) comply with all of its obligations under
international law, in particular international human rights law, refugee law,
and humanitarian law?
1. As part of our policy, Viet Nam
affirms its respect for and protection of human rights and spares no efforts to
ensure the realization of human rights in reality by making laws and incessantly
improving the legal system, implementing concrete measures in all fields,
acceding to the international legal framework and fulfilling the international
duties as enshrined in international human rights and humanitarian treaties to
which Viet Nam is a party. Vietnamese laws set out comprehensive sets of rules
on protection of human rights. The 1992 Constitution, the document with the
highest legal validity, assures that all citizens are equal in respect of politics,
economics, culture, society, and equal before the law; also protect the right
to freedom of belief and religion; the right to free movement and residence in
the territory of Viet Nam; the right to complaints and petitions…regardless of
their sex, ethnic origin, belief, religion. The provisions on protection of
human rights and specific protection measures are stipulated in many legal documents,
including the Penal Code 1999 and Penal Procedure Code…Viet Nam has been
parties to many important human rights treaties and has seriously carried out
its obligations under these treaties.
2. Human rights are fully respected in
acts of preventing and combating terrorism in Viet Nam. In terms of legal
framework, the Penal Code clearly provides that all offenders are equal before
the law regardless of their sex, ethnic origin, belief, religion, social class
and status (Article 3). Likewise, the Criminal Proceedings also stipulates the
respect for and protection of fundamental rights of citizens (Article 4),
guarantee of equality of all citizens before the law (Article 5), assurance of
protection of citizens’ rights to physical inviolability (Article 6), the
rights to life, health, honor, dignity and property of citizens (Article 7),
inviolability of residence, safety and secrecy of correspondence, phone call
and telegram of citizens (Article 8), right to presumption of innocence
(Article 9), right to defense of temporary detainees, internees and defendants.
The Government’s Steering Committee on Human Rights is making necessary
preparation to translate into reality the initiative to establish a National
Human Rights Institution to ensure citizens’ rights, whilst fight against
hostile elements who have bad influence on the social life, culture and
shares the international community’s concerns that incitement of terrorist acts
poses a serious threat to global stability and prosperity and the need to take
all necessary and appropriate measures to combat the incitement of terrorist
acts. The laws, amended and supplemented as above mentioned, have created the
legal basis for Vietnamese competent agencies to prohibit and prevent the
incitement of terrorist acts, to exclude itself from being a haven for
terrorists. Besides, the international treaties that Viet Nam signed with other
countries have laid a foundation for Viet Nam to collaborate and strengthen
border security to prevent terrorist-acts inciters from entering Viet Nam’s
territory. Viet Nam has also implemented many measures to enhance dialogues
among civilizations and prevent terrorists and its supporters from adversely
affecting educational, cultural and religious institutions. These measures help
restrain and eliminate the conditions that terrorists might take advantage of
to carry out their acts in the territory of Viet Nam and at the same time help
expand international cooperation, bilaterally and multilaterally, in preventing
and combating terrorism. In the future, Viet Nam will draft the Law on
Counter-terrorism to create a better legal framework in preventing and
combating terrorism in general and the incitement of terrorist acts in