Proposal to develop a new decree on administrative sanctions for violations in the fields of national defense and cryptography

The Ministry of National Defense said that the summary results of 11 years of implementing Decree No. 120/2013/ND-CP, the Decree has achieved many positive results, especially after the Government issued Decree No. 37/2022/ND-CP dated June 6, 2022 amending and supplementing a number of articles of the decrees on administrative sanctions in the fields of national defense and cryptography; management and protection of national borders; management of sea areas, islands and continental shelf of the Socialist Republic of Vietnam; the detection and handling of violations related to the performance of military service, participation in the reserve force and militia and self-defense force of citizens have contributed to preventing and limiting violations related to military service in implementing the Law on Military Service and the law on reserve forces, improving the quality of military recruitment, combat readiness, and mobilization capacity of the Army in all situations.

However, besides the achieved results, there are still some difficulties and shortcomings that need to be studied, revised and supplemented, specifically as follows:

+ The regulation on administrative sanctions for acts of opposing participation in militia and self-defense training in Clause 3, Article 22 overlaps with the regulation on the crime of resisting people on official duty in Clause 1, Article 330 of the 2015 Penal Code; the regulation on the level of fines for acts of violating regulations on health examination and examination for military service is still low and not deterrent enough; therefore, it is necessary to amend to ensure consistency between the legal system and practice.

+ The regulations on the authority to apply remedial measures are unclear and inconsistent with the content of remedial measures in the decree, causing difficulties in the implementation process; the measure of "Forcing military service" is unclear, so its feasibility is not high.

+ There are no regulations on administrative sanctions for fraudulent acts of falsifying health examination and classification results for non-commissioned officers and reserve soldiers to avoid the call for training and exercises, so there is no legal basis for sanctions when violations occur.

+ There are no regulations on administrative sanctions for violations of regulations on digital signatures, digital signature certificates and digital signature certification services for public service, so there is no legal basis for sanctions when there are violations.

+ There are no regulations on administrative sanctions for violations of the obligation to join the People's Public Security: According to Clause 3, Article 4 of the Law on Military Service 2015: "3. Citizens serving in the Coast Guard and performing the obligation to join the People's Public Security are considered to be performing active military service"; Articles 34, 35, 37, 38, 39, 40 of the Law on Military Service 2015 specifically stipulate the authority to decide on calling citizens to join the army and perform the obligation to join the People's Public Security; the tasks of the Military Service Councils at all levels regarding the management and registration of military service; the authority to call for health examinations for citizens performing military service and the obligation to join the People's Public Security; the responsibilities of organizations and individuals in selecting and calling citizens to join the army and perform the obligation to join the People's Public Security. On the other hand, in Clause 1, Article 4, Decree No. 70/2019/ND-CP dated August 23, 2019 of the Government regulating the performance of the obligation to join the People's Public Security, the subjects of selection are as follows: "1. Male citizens of military service age who have registered for military service according to the provisions of the Law on Military Service 2015. Female citizens of military service age who have registered for military service according to the provisions of the Law on Military Service 2015, have professional qualifications suitable to the requirements of the People's Public Security and the People's Public Security has a need, shall be considered and selected to perform the obligation to join the People's Public Security"; Point a, Clause 2, Article 7, Decree No. 70/2019/ND-CP stipulates the selection procedure as follows: "a) The Chief of the District Police issues an order to call citizens for health examinations according to the provisions of Clause 2, Article 40, Law on Military Service 2015...". However, in current practice, there are no legal documents regulating penalties for citizens who violate regulations on participating in the People's Public Security service, creating a legal gap in this field; therefore, it is necessary to study and supplement to be consistent with the provisions of the Law on Military Service 2015 and Decree No. 70/2019/ND-CP dated August 23, 2019 of the Government regulating the performance of the obligation to participate in the People's Public Security.

In order to complete the system of legal documents on administrative sanctions in the field of national defense and cryptography, create a legal basis for effective enforcement of administrative sanctions; ensure consistency and synchronization in the legal system, the Ministry of National Defense proposes to develop a Decree to replace Decree No. 120/2013/ND-CP dated October 9, 2013 of the Government regulating sanctions for administrative violations in the field of national defense and cryptography, which is very necessary.

The proposed decree stipulates administrative violations, forms of sanctions, levels of sanctions, and remedial measures for each administrative violation; the authority to draw up records and the authority to sanction administrative violations in the fields of national defense and cryptography.

Administrative violations in the field of national defense include:

a) Violation of regulations on military service; obligation to join the People's Public Security;

b) Violation of regulations on reserve mobilization forces;

c) Violation of regulations on militia and self-defense forces;

d) Violation of civil defense regulations;

d) Violation of regulations on people's air defense;

e) Violation of regulations on prevention and combat of proliferation of weapons of mass destruction;

g) Violation of regulations on defense industry and industrial mobilization;

h) Violation of regulations on management and protection of national defense works and military zones;

i) Violating regulations on the use of registration certificates, military license plates, military driving licenses and the use, purchase, sale and production of military license plates and license plates of military vehicles operating in the inland waterway and maritime sectors.

k) Violating regulations on the use, purchase, sale, and production of military uniforms, militia uniforms, work signs, and flags.

Administrative violations in the field of cryptography include:

a) Violating regulations on ensuring security and safety of cryptographic products to protect state secret information;

b) Violation of regulations on the period of not being allowed to participate in cryptographic activities and commitment to protect state secrets;

c) Violating regulations on production and provision of cryptographic products to protect information within the scope of state secrets;

Please read the full draft and give your comments here.