Five recommendations for improving the draft law on the state of emergency

Abstract

A state of emergency is a state in which society faces a serious crisis caused by multiple factors, posing a threat to the survival of the nation. According to the 2013 Constitution (amended and supplemented in 2025), the National Assembly is the sole authority empowered to regulate the declaration of a state of emergency. Once a state of emergency is declared, state agencies can restrict certain rights and legitimate interests of individuals and organizations. The constitutional principle affirms that human rights and citizens’ rights may only be restricted in accordance with the law. Therefore, the continued existence of the 2000 State of Emergency Ordinance with many provisions restricting human rights and civil rights is inconsistent with the principle of the rule of law. To address this issue, the Government has submitted a proposal to the National Assembly to enact the Draft Law on the State of Emergency, replacing the 2000 State of Emergency Ordinance. This article analyses several legal issues in the Draft Law on the State of Emergency to make recommendations for improving its legislative provisions.