Luật Công an nhân dân - văn bản tiếng Anh - Law on the People’s Public Security Forces of Vietnam.
Tải về Luật Công an nhân dân tiếng Anh: TẠI ĐÂY
NATIONAL ASSEMBLY
|
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
|
Law No. 37/2018/QH14
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Hanoi, November 20, 2018
|
LAW
PEOPLE’S
PUBLIC SECURITY FORCE
Pursuant to the Constitution of the
Socialist Republic of Vietnam;
The National Assembly hereby
promulgates the Law on People’s Public Security Force
Pursuant to the Constitution of the
Socialist Republic of Vietnam;
The National Assembly hereby
promulgates the Law on People’s Public Security Force
Chapter
I
GENERAL
PROVISIONS
Article 1. Scope
This Law provides for the principles
of organization and operation; positions, functions, duties and powers;
assurance of operational conditions, regimes and policies for the People's
Public Security Force; responsibilities of relevant entities and persons.
Article 2. Definition
For the purposes of this Law, terms used
herein shall be construed as follows:
1. National security
protection means preventing, detecting, controlling and fighting the
infringement upon national security, and eliminating the threat of national
security.
2. Guarantee of social order
and safety means preventing, detecting, controlling and combating
crimes and violations of law on social order and safety.
3. Operational officer or
non-commissioned officer means a Vietnamese citizen who is recruited,
trained, coached and works in different operation fields of the People’s Public
Security Force, and is bestowed and promoted to the rank of general, field
officer, company officer or non-commissioned officer.
4. Specialist and technical
officer or non-commissioned officer means a Vietnamese citizen who is
recruited, works in different technical fields of the People’s Public Security
Force, and is bestowed and promoted to the rank of field officer, company
officer or non-commissioned officer.
5. Non-commissioned officer
or enlisted member means a Vietnamese citizen who is conscripted to
join the People’s Public Security Force, is bestowed and promoted to the rank
of sergeant-major, sergeant, corporal, first-class private or private.
6. Public security
worker means a Vietnamese citizen who has professional and technical
qualifications, is recruited to the People’s Public Security Force but is not
permissible to be bestowed to the rank of officer, non-commissioned officer or
serviceman.
Article 3. Position of the People’s
Public Security Force
The People’s Public Security Force
shall be designated as the core of the people’s armed forces in performing
duties to protect national security and maintain social order and safety, and
fight for prevention and control of crimes or violations of law on national
security, order or social safety.
Article 4. Principles of
organization and operation of the People’s Public Security Force
1. Be put under the ultimate and
direct leadership of the Communist Party of Vietnam in all aspects, the
domination of the State President, the unified State management of the
Government and the direct command and administration of the Minister of Public
Security.
2. Be organized in a centralized and
uniform manner and according to the administrative hierarchy from the central
to grassroots levels.
3. Abide by the Constitution and
law; the subordinates shall submit to the superiors; they shall rely on the
People and be subject to the supervision by the People; protect the interests
of the State, and the lawful rights and interests of organizations and
individuals.
Article 5. Building of the People’s
Public Security Force
1. The State shall build People’s
Public Security Force to become revolutionary, regular, elite and gradually
modernized; prioritize the modernization of certain forces.
2. Entities and citizens shall be
held responsible for getting involved in building the immaculate and powerful
People's Public Security Force.
Article 6. Traditional day of the
People’s Public Security Force
The 19th day of August every year shall
be selected as the annual traditional day of the People's Public Security Force
and the All-people National Defense's Day.
Article 7. Recruitment of citizens
into the People’s Public Security Force
1. Citizens who fully meet the
criteria on political and moral qualities, educational level and health, reach
legitimate age and have proper aptitudes for public-security activities, have
aspirations to join the People’s Public Security Force may be recruited into
the People’s Public Security Force upon the demand of the People’s Public
Security Force.
2. The People’s Public Security
Force shall be given priority in recruiting outstanding cadets graduating from
higher education establishments and vocational training centers who are fully
eligible to be trained to join the People’s Public Security Force.
3. The Minister of Public Security
shall provide specific provisions of this Article.
Article 8. Obligation to join the
People’s Public Security Force
1. A citizen’s fulfillment of the
obligation to join the People’s Public Security Force means that he/she has
performed their obligation to defend the Fatherland during his/her service in
the people’s armed force. Annually, the People’s Public Security Force may
recruit citizens within age for service into the People’s Public Security Force
for a period of 24 months. The Minister of Public Security shall be accorded
authority to extend the period of service of non-commissioned officers and
enlisted members to no more than 06 months in the following cases:
a) Extension of the period of
service serves the purpose of being ready to fight;
b) Extension of the period of
service may be granted if they are performing natural disaster or epidemic
prevention and control or rescue tasks.
2. The procedures for recruitment of
eligible citizens into the People’s Public Security shall be similar to the
procedures for recruitment of citizens eligible to perform active military
duty.
3. The Government shall elaborate on
clause 2 of this Article.
Article 9. Service regimes
applicable to officers, non-commissioned officers and enlisted members of the
People’s Public Security Force and public-security workers
1. People’s Public Security officers
shall serve under the professional regime; noncommissioned officers and
enlisted members shall serve under the professional regime or service regime;
public-security workers shall serve under the recruitment regime.
2. After being discharged from the
People’s Public Security Force, persons who have served in the People’s Public
Security Force shall perform military duty as holders of reserve titles as per
law.
Article 10. Supervision of
activities of the People’s Public Security Force
1. The National Assembly, National
Assembly’s Standing Committee, Ethnic Council, delegations of National Assembly
deputies, National Assembly deputies, People’s Councils and People’s Council’s
Standing Committees, People’s Council’s Committees, delegations of People’s
Council’s deputies and People’s Council’s deputies shall, within the scope of
their respective tasks and powers, supervise the activities of the People’s
Public Security Force.
2. The Vietnam Fatherland Front and
its member organizations shall, within their duties and powers, propagate and
mobilize people from all social strata to participate in the “All People
Protect the National Security” movement, cooperate and collaborate with and
assist the People’s Public Security Force in performing their tasks and
building the People’s Public Security Force, and supervising the implementation
of the law on the People’s Public Security.
Article 11. Coordination between the
People’s Army, the Militia and Self-Defense Force and the People’s Public
Security Force
The People’s Army and the Militia
and Self-Defense Force shall closely cooperate with the People’s Public
Security Force in protecting the national security, maintaining the social
order and safety, preventing, controlling and fighting crimes or violations of
law on national security, social order and safety, and building the People’s
Public Security Force.
The Government shall issue specific
provisions of this Article.
Article 12. Responsibilities of the
Government, ministries and central administrations for protection of national
security protection, maintenance of social order and safety, combat against,
prevention and control of crimes and violations of laws and building of the
People’s Public Security Force
1. The Government shall be
responsible for carrying out the uniform state management of protection of
national security, maintenance of social order and safety, combat against,
prevention and control of crimes and violations of law, and construction of the
People's Public Security Force; implementing its duties and powers under the
provisions of the Constitution and relevant laws.
2. The Ministry of Public Security
shall be held accountable to the Government for the state management of
protection of national security, maintenance of social order and safety, combat
against, prevention and control of crimes and violations of law, and
construction of the People's Public Security Force.
3. Ministries and central
administrations shall, within their duties and powers, assume responsibility to
cooperate with the Ministry of Public Security in the state management of
protection of national security, maintenance of social order and safety, combat
against, prevention and control of crimes and violations of law, and
construction of the People's Public Security Force, and implement the following
duties and powers:
a) Promulgate or submit to competent
authorities for promulgation of legislative documents, directives and
instructional documents on the implementation of tasks prescribed in this Law
and other relevant law provisions;
b) Cooperate with the Ministry of
Public Security in organizing the implementation of state strategies, planning
schemes, plans, national target programs, security and order proposals
according to their assigned tasks;
c) Preside over and cooperate with
the Ministry of Public Security and the concerned agencies and organizations in
closely connect socio-economic, defense and foreign relation development tasks
with security ones in the process of developing and implementing planning schemes,
plans, national target programs and projects in the industries and domains
under their delegated authority to ensure they are in line with the strategies
for protection of national security, maintenance of social order and safety and
building of the People's Public Security Force;
d) Participate in the building of
the all-people security system and the people’s security posture associated
with the all-people national defense and the all-people national defense
posture, and the building of the people's armed forces under the provisions of
law, directions and instructions given by competent authorities;
dd) Preside over or cooperate with
the Ministry of Public Security on a regular or irregular inspection, audit,
preliminary and final review of the implementation of security and order
protection tasks under their authority;
e) Implement other tasks and powers
regarding protection of national security, maintenance of social order and
safety according to law provisions.
Article 13. Responsibilities of
People's Councils and People's Committees at all levels for the protection of
national security, the maintenance of social order and safety and the building
of the People’s Public Security Force
1. People’s Councils at all levels
shall, within their duties and powers, have the following responsibilities:
a) Decide on measures to ensure the
fulfillment of the tasks of protecting national security, maintaining social
order and safety according to law provisions;
b) Decide on policies and guidelines
for promotion of the potentialities of their localities in building the
people’s security system and the people’s security posture associated with
reinforcement of the all-people national defence and the all-people national
defence posture, and building of potentialities for protection of national
security and maintenance of social security and safety;
c) Decide on policies and guidelines
for building of mass organizations involved in protection of security and order
at the grassroots level; decide on policies and measures to closely combine
reinforcement and promotion of security with socio-economic development;
closely combine socio-economic development with reinforcement and promotion of
security; closely combine security with national defence and foreign relation
within their localities;
d) Decide on the state budget
expenditures on assurance of fulfillment of duties to protect national
security, maintain social order and safety within their localities;
dd) Supervise the compliance with
the Constitution and laws, and the implementation of resolutions of the
People's Councils on protection of national security, maintenance of social
order and safety in their respective localities;
e) Implement other tasks and powers
regarding protection of national security, maintenance of social order and
safety according to law provisions.
2. People’s Committees at all levels
shall, within their duties and powers, have the following responsibilities:
a) Promulgate legislative documents
under its competence to undertake the tasks of protection of national security,
maintenance of social order and safety under law provisions and resolutions of
the same-level People's Councils, and tasks of protection of national security,
maintenance of social order and safety which are assigned by competent
authorities; carry out the state management of protection of national security,
maintenance of social order and safety within their respective localities;
b) Direct and undertake the building
of the people’s security system and the people’s security posture associated
with reinforcement of the all-people national defence and the all-people
national defence posture, and the building of potentialities for protection of
national security and maintenance of social security and safety; perform the
tasks of educating national defence and security in their respective
localities;
c) Submit to the People's Council at
the same level the budget estimates for fulfillment of the tasks of protection
of national security, maintenance social order and safety; direct and organize
the implementation of the resolutions of the People's Councils at the same
level on the state budget allocations for fulfillment of the tasks of
protection of national security, maintenance of social order and safety in
their respective localities;
d) Direct relevant agencies to
cooperate with the People's Public Security Force in performing the tasks of
protecting national security, maintaining social order and safety in their
respective localities, participating in the building of the People's Public
Security Force, maintenance of the regimes and policies for the People's Public
Security Force and mass organizations participating in the protection of
grassroots-level security and order; preside over or cooperate in the building,
management and protection of important projects related to national security
within their respective localities;
dd) Cooperate with the Vietnam
Fatherland Front and its member organizations, relevant agencies and
organizations in performing the tasks of protection of national security,
maintenance of social order and safety, and engaging in the building of the
People’s Public Security Force within their respective localities;
e) Organize the inspection, audit
and resolution of complaints, denunciations and the handling of violations of
law, preliminary and final review, emulation and rewarding related to
implementation of the tasks of protection of national security, maintenance of
social order and safety, and building of the People's Public Security Force in
their respective localities;
g) Implement other tasks and powers
regarding protection of national security, maintenance of social order and
safety according to law provisions.
Article 14. Responsibilities of,
regimes and policies for entities and persons participating in, cooperating,
collaborating with and supporting the People’s Public Security Force
1. Agencies, organizations and
individuals operating within the territory of the Socialist Republic of Vietnam
and overseas Vietnamese agencies, organizations and citizens shall have the
responsibility to participate in, cooperate and collaborate with and support
the People's Public Security Force to perform their functions, duties and
powers as prescribed by law.
2. Agencies, organizations and
individuals that participate in, cooperate and collaborate with and support the
People's Public Security Force in protecting national security, maintaining
social order and safety, fighting, preventing and controlling crimes and
violations of law shall be protected and prevented from being known to the
public in accordance with laws.
3. If agencies,
organizations and individuals that participate in, cooperate, collaborate with
and support the People's Public Security Force in protecting national security,
maintaining social order and safety, fighting, preventing and controlling
crimes and violations of law show their excellent performance, they shall be
commended and rewarded; if their honor is damaged, it will be reinstated; if
their property is lost or damaged, they will be compensated; If they are
injured or their health and lives are harmed, they themselves and their
families shall be entitled to regimes and policies prescribed by law.
Chapter
II
FUNCTIONS,
TASKS AND POWERS OF THE PEOPLE’S PUBLIC SECURITY FORCE
Article 15. Functions of the
People’s Public Security force
The People’s Public Security Force
shall function to advise the Party and the State on national security
protection, social order and safety maintenance and crime prevention and
fighting; carry out the state management of protection of national security,
maintenance of social order and safety, combat against, prevention and control
of crimes and violations of laws on national security, social order and safety;
prevent and combat plots and activities of hostile forces, crimes and
violations of law related to national security, social order and safety.
Article 16. Tasks and powers of the
People’s Public Security Force
1. Collect information, analyze,
assess and forecast the situation and recommend the Party and the State to promulgate,
and direct the implementation of, guidelines, policies, laws and strategies on
national security protection, social order and safety maintenance, combat
against, prevention and control of crimes and violations of law on national
security, social order and safety; participate in appraising and assessing
impacts on national security, social order and safety that may result from
socio-economic development plans, proposals and projects in accordance with
laws; closely combine the tasks of national security protection, social order
and safety maintenance, combat against, prevention and control of crimes and
violations of laws on national security, social order and safety with the tasks
of socio-economic development; effectively combine security activities with
national defense and external relation activities.
2. Actively prevent, detect, stop
and frustrate plots and activities of infringing upon the national security,
eliminating any threats to the national security; defend the national
independence, sovereignty, unity and territorial integrity of the Homeland;
protect the Party, the State, the People and the socialist regime; protect the
political security and security in the fields of ideology, culture, economy,
national defense, external relation, communication, society, environment and
science and technology; safeguard other national interests; protect the
national great solidarity; protect the lives, health, honor, dignity, property,
freedom and democracy of citizens, and the lawful rights and interests of
agencies, organizations and individuals.
3. Carry out intelligence activities
in accordance with laws.
4. Protect high-ranking Party and
State leaders, international guests visiting and working in Vietnam; protect
important political, economic, diplomatic, scientific- technical, cultural and
social events and targets; protect key works related to national security,
representative offices of foreign countries or international organizations in
Vietnam; protect individuals keeping or being closely related to state secrets;
protect special shipments in accordance with law.
5. Manage the protection of national
security and state secrets; preside over managing immigration, transit and stay
of foreigners in Vietnam; control cross-border entry and exit of Vietnamese
citizens under provisions of laws; control cross-border entry, exit and transit
in accordance with laws; cooperate with the People’s Army, concerned
sectoral administrations and local authorities in the management and protection
of national boundaries, bordergates, islands, territorial waters, airspace,
perform the tasks of protection of national security, maintenance of social
order and safety at border areas in accordance with laws and treaties to which
the Socialist Republic of Vietnam is a party and other relevant international
agreements.
6. Carry out the management of
cybersecurity, protection of cybersecurity and prevention and control of
cybercrimes in accordance with laws.
7. Manage the crime investigation,
prevention and fighting. Take the main charge of performing the tasks of
preventing and combating terrorism and riots and dealing with complicated
circumstances related to national security, social order and safety in
accordance with law. Actively prevent, detect, frustrate and fight crimes and
violations of law on social order and safety, and protect environment, natural
resources and safety of environment-related foods; receive and settle reports
and denunciations related to crimes, and recommend starting legal actions;
proceed against and investigate crimes in accordance with law; carry out the
crime statistics; identify causes and conditions giving rise to crimes and
violations of law related to social order, safety, environmental protection and
recommend remedies; provide community education for persons committing
violations of law in accordance with law.
8. Manage the execution of criminal
judgments, sentences of imprisonment and detention; manage prisons, detention
camps, remand prisons, compulsory education establishments and reformatories;
organize the execution of criminal sentences, judgements and judicial measures;
perform the tasks of supervising and educating criminals under 18 years of age
that are entitled to exemption from criminal responsibility; managed prisoners
released from custody before the expiry of their sentence; carry out the
transfer, escort, management of facilities for storage of physical evidence or
exhibits, protect trials and perform other legal assistance tasks in accordance
with law.
9. Administer penalties and handling
of administrative violations arising in the field of national security, social
order and safety; impose administrative sanctions and implement administrative
actions according to law provisions; maintain security and order for execution
of enforcement decisions upon the request of competent agencies.
10. Administer residency and
national population database, national ID database, seals, traffic order and
safety, public order, weapons, explosives, explosive precursors, supporting
instruments, fire prevention and fighting, rescue and emergency response in
accordance with law; issue and manage citizen identity cards and other personal
identity documents; register, grant and manage license plates of road vehicles;
implement the tasks of fire prevention and fighting, rescue and salvation,
management of security and order in sectors and industries subject to
investment and business requirements in accordance with law.
11. Preside over and cooperate in
managing, executing propaganda and educational programs for protection of
national security, maintenance of social order and safety maintenance, combat
against, prevention and control of crimes and violations of law on national
security, social order and safety; guide, inspect, audit and settle complaints and
denunciations, and handle violations arising from protection of the national
security, maintenance of the social order and safety, and combat against,
prevention and control of crimes and violations of laws on national security,
social order and safety.
12. Act as the core force in
building the people’s security system and the people’s security posture, and
building all-people movements of protection of the Homeland’s security. Provide
agencies and organizations with guidelines for protecting the internal
political security, economic, ideological-cultural security, cybersecurity,
information and communication security, social security and environmental
security.
13. Provide operational guidance and
training and legal knowledge training for mass organizations participating in
protection of security and order at the grassroots level, neighborhood
protection, people’s defence forces, office and enterprise protection forces in
accordance with law.
14. Apply mass mobilization, legal,
diplomatic, economic, scientific - technical, operational, armed measures to
protect national security, maintain social order and safety, combat, prevent
and control crimes and violations of laws on national security, social order
and safety.
15. Use weapons, explosives,
supporting instruments, force, technical and other means to attack and pursue
criminals, stop persons who are committing crimes or other illegal acts, and
perform legitimate acts of self-defense in accordance with law.
16. Decide or petition for the
termination and temporary suspension of activities of agencies, organizations
or individuals that commit acts of causing harm to, or threatening to cause
harm to, national security, social order and safety; request agencies,
organizations and individuals to provide information, documents and objects
when there are grounds to determine that they are involved in activities of
infringing upon national security, social order and safety in accordance with
law. Lawfully mobilize and appropriate communication equipment, vehicles, other
means and users or operators thereof in case of urgent actions that need to be
taken to protect the national security, social order and safety, or prevent any
existing or potential damage to society.
17. Implement measures for national
security protection, social order and safety maintenance in case of war,
emergence or potential risk to national security, social order and safety not
to the extent that the state of emergency needs to be declared.
18. Manage and develop the security
industry; study, apply and marshal scientific, technological and engineering
achievements to be used in the national security protection, social order and
safety maintenance, prevention and combat of crimes and violations of laws on
national security, social order and safety and building of the People's Public
Security Force.
19. Develop the People’s Public
Security Force towards a revolutionary, formal, elite, gradually modern force
with preference in modernization given to its affiliates; pay its key roles in
performing duties to protect national security and maintain social order and
safety, and fight for prevention and control of crimes or violations of law on
national security, order or social safety.
20. Perform international
obligations; implement international cooperation in fighting for the prevention
and control of crimes, national security protection, social order and safety
maintenance, and building the People's Public Security Force; render mutual
legal assistance in criminal matters according to the provisions of law. The
Ministry of Public Security shall be the central body representing the
Socialist Republic of Vietnam in carrying out expatriation and transfer of prisoners.
21. Implement other duties and
powers as stipulated by law.
Chapter
III
ORGANIZATION
OF THE PEOPLE’S PUBLIC SECURITY FORCE
Article 17. Organizational system of
the People’s Public Security Force
1. The organizational system of the
People’s Public Security Force shall be composed of:
a) The Ministry of Public Security;
b) The Departments of Public
Security of provinces and centrally run cities;
c) The Public Security Divisions of
rural districts, urban districts, towns or provincial cities;
d) The Public Security Offices of
communes, wards or townships.
2. The Government shall elaborate on
the building of the regular Public Security forces of communes or townships.
3. In order to meet requirements
concerning protection of national security, maintenance of social order and
safety, the Minister of Public Security shall decide to establish Public
Security posts, stations and independent units located in necessary areas.
Article 18. Authority to regulate
the functions, tasks, powers and organizational structure of the People’s
Public Security Force
1. The Government shall regulate the
functions, duties, powers and organizational structure of the Ministry of
Public Security.
2. The Minister of Public Security
shall regulate the functions, duties, powers and operational machinery of
affiliates of the Ministry of Public Security, Departments of provinces and
centrally-affiliated cities, Public Security Divisions of rural districts,
urban districts, townships, provincially-affiliated cities, cities controlled
by centrally-affiliated cities, Public Security Offices of communes, wards,
townlets and other forces under the authority of the People's Public Security
Force.
Article 19. Commanders in the
People’s Public Security Force
1. The Minister of Public Security
shall be the chief commander of the People’s Public Security Force.
2. Inferior public security
commanders shall take responsibility before superior public security commanders
for the organization and operation of public security units under their
authority. Local public security commanders must be answerable to superior
public security commanders and to the Party Committees and other authorities of
the same level.
3. People’s Public Security
officers, non-commissioned officers and enlisted members holding higher
positions or ranks shall be superiors of officers, non-commissioned officers
and enlisted members holding lower positions or ranks.
In case where officers, non-commissioned
officers and enlisted members hold higher positions but have equivalent or
lower ranks, they shall be superiors of officers, non-commissioned officers or
enlisted members having equivalent or higher ranks but holding lower positions.
Chapter
IV
OFFICERS,
NON-COMMISSIONED OFFICERS AND ENLISTED MEMBERS OF THE PEOPLE’S PUBLIC SECURITY
FORCE
Article 20. Classification and
placement of officers, non-commissioned officers and enlisted members of the
People’s Public Security Force
1. Based on the nature of their
duties, they shall be classified into the followings:
a) Operation officers and
non-commissioned officers;
b) Technical officers and
non-commissioned officers;
c) Non-commissioned officers and
enlisted members.
2. The Minister of Public Security
shall elaborate on the classification and placement of officers,
non-commissioned officers and enlisted members of the People’s Public Security
Force based on the nature of their duties.
Article 21. System of ranks and
grades of officers, non-commissioned officers and enlisted members of the
People’s Public Security Force
1. Operation officers and
non-commissioned officers:
a) General officers subdivided into
04 grades:
General;
Senior Lieutenant General;
Lieutenant General;
Major General;
b) Field officers subdivided into 04
grades:
Colonel;
Senior Lieutenant Colonel;
Lieutenant Colonel;
Major;
c) Company officers subdivided into
04 grades:
Captain;
Senior Lieutenant Captain;
Lieutenant;
Second Lieutenant;
d) Non-commissioned officers
subdivided into 03 grades:
Sergeant major;
Sergeant;
Corporal.
2. Technical officers and
non-commissioned officers:
a) Field officers subdivided into 03
grades:
Senior Lieutenant Colonel;
Lieutenant Colonel;
Major;
b) Company officers subdivided into
04 grades:
Captain;
Senior Lieutenant Captain;
Lieutenant;
Second Lieutenant;
c) Non-commissioned officers
subdivided into 03 grades:
Sergeant major;
Sergeant;
Corporal.
3. Enlisted non-commissioned
officers and members:
a) Enlisted non-commissioned
officers subdivided into 03 grades:
Sergeant major;
Sergeant;
Corporal;
b) Enlisted members subdivided into
02 grades:
First-class private;
Private.
Article 22. Candidates, conditions
and time limits for consideration of bestowal and promotion of ranks and grades
of officers, non-commissioned officers and enlisted members in the People's
Public Security Force
1. Candidates eligible for
consideration of bestowal of ranks and grades:
a) After graduation, cadets offered
stipends for their study in People’s Public Security education establishments
shall be entitled to the bestowal of the following ranks and grades:
Cadets holding bachelor degrees may
hold the rank of second lieutenant; <0}
Cadets holding associate degrees may
hold the rank of sergeant;
Cadets attaining excellent outcomes
upon graduation may be granted the rank which is one grade higher than the one
that other cadets usually hold;
b) Cadres, civil servants or
graduates from higher education establishments and vocational education
establishments who are recruited into the People’s Public Security Force, shall
be entitled to the bestowal of ranks corresponding to their respective training
qualifications, working seniority, assigned tasks and salary grades;
c) Enlisted members shall be
initially granted the rank of the private.
2. Conditions for rank promotion
consideration:
People’s Public Security officers,
non-commissioned officers and enlisted members may get rank promotion if they
satisfy the following conditions:
a) Fulfilling their tasks, fully
meeting political, moral quality, professional qualification and health
criteria;
b) Their current ranks are lower
than the highest ranks as provided by regulations on the positions and titles
they are holding;
c) Having fully gone through the
time limit for rank promotion consideration specified in clause 3 of this
Article.
3. Rank promotion consideration time
limits:
a) Operation officers and non-commissioned
officers:
Promotion from Corporal to Sergeant:
01 year;
Promotion from Sergeant to Sergeant
Major: 01 year;
Promotion from Sergeant Major to
Second Lieutenant: 02 years;
Promotion from Second Lieutenant to
Lieutenant: 02 years;
Promotion from Lieutenant to Senior
Lieutenant: 03 years;
Promotion from Senior Lieutenant to
Captain: 03 years;
Promotion from Captain to Major: 04
years;
Promotion from Major to Lieutenant
Colonel: 04 years;
Promotion from Lieutenant Colonel to
Senior Lieutenant Colonel: 04 years;
Promotion from Senior Lieutenant
Colonel to Colonel: 04 years;
Promotion from Colonel to Major
General: 04 years;
The minimum time limit for
consideration of promotion of each general rank shall be 4 years;
b) The Minister of Public Security
shall adopt regulations on consideration of promotion of pay grades and ranks
of technical officers or non-commissioned officers corresponding to pay rates
specified in the pay chart of technical personnel promulgated by the
Government;
c) The Minister of Public Security
shall regulate the time limits for consideration of promotion of enlisted
non-commissioned officer and member ranks;
d) The period during which officers,
non-commissioned officers and servicemen study at educational establishments
shall be counted into the rank promotion consideration time limit; as for
officers or non-commissioned officers or members who are demoted, if they make
progress within one year after their demotion, they may be considered rank promotion.
4. The maximum age of an officer to
be eligible for consideration of rank promotion from colonel to major general
shall be 57; may be higher in case of being requested under the State
President’s decision.
Article 23. Rank promotion ahead of
time and rank promotion beyond the prescribed rank
1. People’s Public Security
officers, non-commissioned officers or servicemen who record especially
outstanding achievements in national security protection, social order and
safety maintenance, crime prevention and fighting, scientific research or study
and whose current ranks are lower than the highest ranks prescribed for the
positions or titles they are holding respectively, shall be considered rank
promotion ahead of time.
2. People’s Public Security officers,
non-commissioned officers or men who record especially outstanding achievements
in national security protection, social order and safety maintenance or
prevention and fighting of crimes and violations of laws, and whose current
ranks are two grades or more lower than the highest ranks prescribed for the
positions or titles they are holding respectively, shall be considered rank
promotion beyond the prescribed rank, but not beyond the highest ranks
prescribed for the positions or titles they are holding.
3. The State President shall decide
on the rank promotion ahead of time and rank bestowal and promotion beyond the
prescribed rank for the general rank. The Minister of Public Security shall
decide on the rank promotion ahead of time and rank promotion beyond the
prescribed rank for the rank of colonel or lower.
Article 24. Positions and titles of
People’s Public Security officers
1. Basic positions of officers shall
include:
a) The Minister of Public Security;
b) Department Director, Commander;
c) Director of the Department of
Public Security of a province and centrally run city;
d) Head of a People’s Public
Security Division; Head of a People’s Public Security Office of a rural
district, urban district, town or provincial city; Regiment Head;
dd) Leader of a People’s Public
Security team; Head of a People's Public Security Office; Battalion Head;
e) Company Leader;
g) Platoon Leader;
h) Squad Leader.
2. Positions equivalent to those
specified in points b, c, d, dd, e, g and h of clause 1 of this Article and the
rest of positions or titles in the People’s Public Security Force shall be
subject to regulations adopted by the Minister of Public Security.
3. Professional titles and
qualifications of professional titles of officers of the People’s Public
Security Force shall be regulated by the Minister of Public Security under
provisions of laws.
Article 25. Highest ranks in
positions and titles of People’s Public Security officers
1. Highest ranks in positions and
titles of People’s Public Security officers shall be subject to the following
regulations:
a) General rank: Minister of Public
Security;
b) Senior Lieutenant General rank:
Deputy Minister of Public Security. The maximum number shall be 06;
c) As for the Lieutenant General
rank, the maximum number shall be 35, including:
The Director, the Commander and the
equivalent of the affiliate directly controlled by the Ministry of Public
Security that has one of the following criteria: having the functions and tasks
of giving strategic counsels, coordinating with the ministries, branches and
localities; having a vertically-arrange organization structure of the People’s
Public Security Force, operating on a nationwide scale, directly leading or
cooperating in implementing national security protection tasks, maintaining
social order and safety, and fighting, preventing and controlling crimes;
having the function of professionally researching, guiding and managing the
entire force;
The Standing Vice Chairman of the
Inspection Commission of the Central Public Security Party Committee;
Director of the Political Academy of
the People’s Public Security Force, Director of the People’s Public Security
Academy, Director of the People's Police Academy;
Director of the Department of Public
Security of Hanoi and Director of the Department of Public Security of Ho Chi
Minh city;
People's Public Security officer on
secondment approved to hold the post of Deputy Chairman of the National
Assembly's Defense and Security Committee or appointed as a Deputy Minister or
equivalent;
d) As for the Major General rank,
the maximum number shall be 157, including:
Directors of units directly
controlled by the Ministry of Public Security and equivalent positions and
titles, except for the case specified at point c of clause 1 of this Article;
Directors of Departments of Public
Security of provinces and centrally-affiliated cities located at localities
classified as a first-class provincial administrative unit and areas which are
important, complicated in terms of security, order, cover a wide or
densely-populated area. The maximum number shall be 11;
Vice Chairman of the Inspection
Commission of the Central Public Security Party Committee. The maximum number
shall be 03;
Vice Directors of Departments or
Deputy Commander and equivalent position holders of units directly controlled
by the Ministry of Public Security as specified at point c of clause 1 of this
Article. There shall be the maximum number of 04 position holders in 17 units
and the maximum number of 03 position holders in the rest of units;
Vice Directors of Department of
Public Security of Hanoi and Vice Directors of Department of Public Security of
Ho Chi Minh city. The maximum number of position holders in each unit shall be
03;
People's Public Security officer on
secondment approved to hold the post of Standing Member of the National
Assembly's Defense and Security Committee or appointed as a Deputy Director of
General Department or equivalent;
dd) Colonel rank: Director of the
Public Security Department of a province or centrally-affiliated city, except
for the cases specified at points c and d of this clause; Director of the
hospital directly affiliated to the Ministry; Principals of People’s Public Security
post-secondary schools;
e) Senior Lieutenant Colonel rank:
Head of a People’s Public Security Division or equivalent; Head of a People’s
Public Security Division of a rural district, urban district, town or
provincial city; Regiment Head;
g) Lieutenant Colonel rank: Leader
of a People’s Public Security team or equivalent; Head of a People's Public
Security Office of commune, ward, town; Battalion Head;
h) Major rank: Company Head;
i) Captain: Platoon Head;
k) Senior Lieutenant: Squad Head.
2. National Assembly Standing
Committee shall elaborate on positions and titles with the highest ranks,
including Lieutenant General or Major General, which are not specified herein.
3. Seconded People's Police officers
have higher positions than those specified at point c of clause 1 of this
Article, and other special cases of bestowal and promotion of General ranks,
shall be decided by competent authorities.
4. Heads of Divisions and equivalent
in units of the Ministry's agencies have functions and duties to directly get
involved in fighting, counseling, research and giving professional or technical
guidance in the entire force; the head of the counseling and technical
department, the head of the District Police Department of the Hanoi Public
Security Department and the Ho Chi Minh City Public Security Department shall
have the highest rank which is one grade higher than the rank prescribed at
point e of clause 1 of this Article.
5. The Minister of Public Security
shall adopt regulations on highest ranks, maybe including field or company
ranks, of the rest of officers holding positions and titles in the People’s
Public Security Force.
Article 26. Authority over grant,
promotion, demotion, deprivation of ranks and pay raise for officers,
non-commissioned officers and enlisted members; appointment, dismissal and
demotion of positions; appointment and dismissal of titles in the People's
Police
1. The State President shall be
accorded authority to grant and promotion of general ranks of the People’s
Public Security officers.
2. The Prime Minister shall be
accorded authority to appoint the Deputy Minister of Public Security; decide to
raise the salary of the rank of General and Senior Lieutenant General.
3. The Minister of Public Security
shall be accorded authority to decide to raise the salary of the rank of
Lieutenant General and Major General; decide to grant, promote and raise pay
rates for ranks, appoint other positions and titles in the People’s Public
Security Force.
4. If a person is accorded authority
to grant and promote a rank, he/she shall have the authority to demote and
deprive such rank; Each time, he/she shall be only allowed to promote or demote
01 rank, except for special cases in which consideration of promotion or
demotion of many ranks is allowed. If a person is accorded authority to appoint
a position, he/she shall have authority to dismiss, deprive or demote such
position. If a person is accorded authority to appoint a title, he/she shall
have authority to dismiss such title.
Article 27. Procedures for grant,
promotion, demotion and deprivation of ranks in the People’s Public Security
Force
1. The Prime Minister shall appeal
to the State President to grant, promote, demote and deprive the general rank.
Grant, promotion, demotion or
deprivation of the general ranks of seconded officers in the People’s Public
Security Force shall be subject to requests of receiving entities or
organizations, and the Minister of Public Security.
2. The Minister of Public Security
shall adopt regulations on procedures for grant, promotion, demotion and
deprivation of ranks of field or company officers, non-commissioned officers or
enlisted members.
Article 28. Transfer of officers,
non-commissioned officers and enlisted members of the People’s Public Security
Force
1. If a person is accorded authority
to appoint a position, he/she shall have authority to transfer the person
holding that position.
2. Officers, non-commissioned
officers and enlisted members of the People’s Public Security Force shall
submit to the transfer demanded by the competent authority.
Article 29. Secondment of the
People’s Public Security officers
1. Based on the requirements of
national security protection, social order and safety maintenance or prevention
and fighting of crimes and violations of law, competent authorities shall
decide to second People’s Public Security officers to external agencies and
organizations in accordance with law.
2. Seconded officers shall be
entitled to the regimes and policies like officers working in the People’s
Public Security Force. The rank bestowal, promotion, demotion or deprivation
applicable to seconded officers must be the same as those applicable to
officers currently working in the People’s Public Security Force, except cases
specified in point c and d of clause 1 and 3 of Article 25, and clause 1 of
Article 27, in this Law.
After accomplishing duties, the
People’s Public Security’s seconded officers may be considered to hold
positions equivalent to those that they have held during secondment period;
shall be entitled to all benefits and interests relating to positions held
during the secondment period.
3. Receiving entities or
organizations shall have responsibility to assign tasks, keep information
confidential and ensure provision of adequate working and living conditions for
seconded officers in accordance with laws.
4. The Government shall issue
specific provisions of this Article.
Article 30. Permissible age limits
of non-commissioned officers and officers of the People's Public Security Force
1. The permissible maximum age
limits of non-commissioned officers and officers of the People's Public
Security Force shall be subject to the following regulations:
a) Non-commissioned officers: 45;
b) Company-grade officers: 53;
c) Major and Lieutenant-Colonel:
Male: 55; Female: 53;
d) Senior Lieutenant Colonel: Male:
58; Female: 55;
dd) Colonel: Male: 60; Female:
55;
e) General-grade officers: 60.
2. Permissible age limits of
officers holding positions or titles in the People’s Public Security Force
shall be subject to regulations adopted by the Minister of Public Security, but
shall be restricted to the maximum age limit specified in clause 1 of this
Article, except cases specified in clause 4 of this Article.
3. Based on the demands of police
units, if the officers prescribed at point b and c and male officers prescribed
at point d of clause 1 of this Article meet all professional quality, expertise
and health requirements and of their own free will, they may be entitled to
extension of their service age according to the regulations of the Minister of
Public Security, but not more than 60 for men and 55 for women.
4. People's Public Security
officers, who are professors, associate professors, doctors and senior experts,
may be granted an extension of service age to more than 60 years of age for men
and over 55 years of age for women according to the Government's regulations.
5. People's Public Security officers
may retire when they fully meet the conditions prescribed by law; In cases
where they are not eligible to retire according to the provisions of law, the
People's Public Security Force no longer needs them or they fails to transfer
to other sectors or they voluntarily apply for discharge from the force, and if
male officers have 25 years of service and female officers have 20 years of
service rendered in the People's Public Security Force, they may retire before
the age limits prescribed in Clause 1 of this Article.
Article 31. Obligations and
responsibilities of officers and non-commissioned officers of the People’s
Public Security Force
1. Show absolute loyalty to the
Homeland, People and Communist Party and State.
2. Strictly abide by the line of the
Party, policies and laws of the State, regulations of the People’s Public
Security Forces, and directives and orders of their superiors.
3. Be honest, brave, vigilant and
ready to fight and fulfill all assigned tasks.
4. Respect and protect the lawful
rights and interests of agencies, organizations and individuals; to maintain
close contact with the People; to dedicatedly serve the People, to respect and
be polite to the People.
5. Regularly study to raise their
political, legal, scientific-technical and professional levels; to temper their
revolutionary quality, sense of organization and discipline and physical
strength.
6. Be answerable before law and
their superiors for their own orders, the execution of their superiors’ orders
and the performance by their subordinates. Upon receipt of commanders’ orders,
if having grounds to believe that such orders are unlawful, immediately report
them to the persons who have issued the orders; if still having to obey the
orders, bear no responsibility for the consequences of the execution of such
orders.
Article 32. Prohibited acts of
officers, non-commissioned officers and enlisted members of the People’s Public
Security Force
1. Abusing positions and delegated
powers to infringe upon the interests of the State, the lawful rights and
interests of agencies, organizations and individuals.
2. Acts in contravention of law and
regulations of the People’s Public Security Force and prohibited acts of
cadres, civil servants and public employees prescribed by laws.
Chapter
V
GUARANTEE
OF CONDITIONS FOR OPERATIONS, REGIMES AND POLICIES OF PEOPLE’S PUBLIC SECURITY
FORCE
Article 33. Guarantee of funds,
physical and technical facilities for operations of the People’s Public
Security Force
1. The State shall assure conditions
on budget and physical facilities for activities of protecting the national
security, maintaining the social order and safety, struggling to prevent and
combat crimes and building the People’s Public Security Forces, including financial
investments, supply of weapons, supporting instruments, equipment, facilities,
professional and technical equipment and vehicles, land, working offices,
works, industrial establishments and other physical and technical conditions.
2. In case of necessity to protect
the national security, maintain the social order and safety, and prevent and
fight crimes, the State shall mobilize scientific and technological potentials
to serve the operations of the People’s Public Security Force, including:
a) Transfer of technologies, results
of scientific research and technological development;
b) Assurance of physical and
technical facilities for training and scientific research establishments of the
People’s Public Security Force;
c) Guarantee of information resources,
databases, scientific and technological materials;
d) Supplementation, training and
education of scientific and technological personnel for activities of
protecting the national security, maintaining the social order and safety, and
preventing and fighting crimes and violations of law.
3. With regard to weapons,
supporting instruments, equipment, facilities, technical and professional
equipment and vehicles to serve the operations of the People’s Public Security
Forces, which are not yet manufactured domestically or fail to meet the
demands, the Minister of Public Security shall report them to the Prime
Minister for decision on the import thereof in accordance with law.
4. The Government shall elaborate on
clause 1 and 2 of this Article.
Article 34. Security industry
1. Security industry is a part of
national defense and security industry, serving national security, ensuring
social order and safety, preventing and combating crimes, law violations and
construction of the People’s Public Security Force.
2. The State shall have particular
policies and mechanisms for building and planning security industry
development; invest in research, production and repair of weapons, explosives,
support tools, equipment and technical facilities and other means serving the
needs of performing tasks of protecting national security, ensuring social
order and safety, fighting against, preventing and controlling crimes and law
violations.
3. The Ministry of Public Security
shall be held accountable to the Government for presiding over and cooperating
with Ministries, agencies and organizations concerned in building and
developing the security industry.
4. The Government shall issue
specific provisions of this Article.
Article 35. Provision of weapons,
explosives, supporting instruments, equipment, technical and other means
The People’s Public Security Force
shall be equipped with weapons, explosives, supporting instruments, technical
and other means appropriate for assigned duties.
Article 36. Uniforms, Public
Security insignias, banners, stripes, badges, People’s Public Security identity
cards
Uniforms, Public Security insignias,
banners, stripes, badges, People’s Public Security identity cards shall be
subject to the Government’s regulations.
Article 37. Policies on training and
education of People’s Public Security officers, non-commissioned officers and
enlisted members
1. People’s Public Security
officers, non-commissioned officers and enlisted members shall be trained and
educated in politics, law, professional operations and skills and other
knowledge necessary for performing their assigned tasks; shall be entitled to
incentives and advantages given by the State to develop their talent to serve
in the People’s Public Security Force.
2. The State shall adopt policies to
prioritize the training and education of People’s Public Security officers,
non-commissioned officers and enlisted members being ethnic minority people.
Article 38. Salaries, allowances,
housing and working conditions for People’s Public Security officers,
non-commissioned officers and enlisted members
1. The salary and allowance regimes
shall be subject to the Government’s regulations. Salaries of officers and
non-commissioned officers serving under the professional regime shall be
calculated according to their respective positions, titles and ranks and in
conformity with the nature and tasks of the People’s Public Security Force;
seniority allowances shall be calculated according their current salaries and
duration of service in the People’s Public Security Force. they shall be
entitled to subsidies and allowances applicable to cadres and civil servants
with the same working conditions and the People’s Public Security Force’s
particular subsidies and allowances.
2. If a People’s Public Security
officer simultaneously holds different positions and titles, he/she shall be
entitled to the benefits of the highest position or title and allowances for
holding multiple positions and titles as prescribed by law.
3. People’s Public Security officers
shall be entitled to the benefits of their current positions or titles if they
are assigned to hold positions or titles lower than the current positions or
titles due to working requirements or organizational and staff changes in accordance
with laws.
4. People’s Public Security officers
who are removed from their positions or titles under decisions shall be
entitled to the benefits of their new positions or titles.
5. People’ Public Security officers,
non-commissioned officers and enlisted members shall be provided with barrack
lodging and working and living conditions suitable to the nature of assigned
work or tasks.
6. Operation and specialist
technical officers shall be entitled to housing allowances and shall be
provided with official-duty lodging; People’s Public Security officers,
non-commissioned officers and enlisted members shall be entitled to policies on
social-house supports as prescribed by law.
Article 39. Healthcare for People’s
Public Security officers, non-commissioned officers, enlisted members, cadets,
workers and relatives thereof
1. People’s Public Security
officers, non-commissioned officers, men and cadets shall be provided with
healthcare; when suffering injuries, sickness, accidents or professional risks
in localities far away from medical establishments of the People’s Public
Security Force or suffering diseases which cannot be treated by these medical
establishments, they shall be entitled to medical examination and treatment
services provided by other medical establishments, coverage of their hospital
charges and other regimes prescribed by law.
2. Natural parents or lawful
caretakers; natural parents or lawful caretakers of spouses; spouses; natural
children or adopted children under 18 years old of People’s Public Security
officers, non-commissioned officers, enlisted members and cadets, who are not
covered by the health insurance regime, shall be provided with health insurance
policies by the People’s Public Security Force and with medical examination and
treatment at medical establishments as prescribed by law.
3. Natural parents or lawful
caretakers; natural parents or lawful caretakers of spouses; spouses; natural
children or adopted children under 18 years old of People’s Public Security
workers, who are not covered by the health insurance regime, shall be provided
with health insurance policies by the People’s Public Security Force and with
medical examination and treatment at medical establishments as prescribed by
law.
4. The State must give adequate funds
for implementation of provisions laid down in clause 1 and 2 of this Article.
Article 40. Rest regime applicable
to People’s Public Security officers, noncommissioned officers and enlisted
members
1. People’s Public Security
officers, non-commissioned officers and enlisted members currently on duty
shall be entitled to the rest regime prescribed by the Labor Code and
regulations adopted by the Minister of Public Security.
2. Officers and non-commissioned
officers serving in the People’s Public Security Force under the professional
working regime, and public security workers, who are not entitled to annual
leave due to their duties, shall be entitled to payments of amounts equal to
salaries paid on days without taking paid leave.
Article 41. Regimes and policies
applicable to People’s Public Security officers, non-commissioned officers and
enlisted members who retire, are transferred to other sectors, demobilized or
suffer from war-related diseases, dies in the line of duty or pass away
1. The People’s Public Security
officers taking retirement shall enjoy the following interests:
a) Pension calculated on the bases
prescribed in clause 1 of Article 38 of this Law and in accordance with the law
on social insurance;
b) If retiring before reaching the
prescribed service age limit prescribed in clause 1, 2 and 3 of Article 29 of
this Law due to changes in organization or payroll or no personnel demand, in
addition to the social insurance regime prescribed by the law on social
insurance, they shall be entitled to a lump sum allowance under regulations of
the Government;
c) Using the People’s Public
Security uniforms, Public Security insignias, stripes and badges on festive
days, meetings and traditional exchanges of the People’s Public Security Force;
d) Have access to life stability
policies given by local administrations of places where they reside; in case of
having no houses to live, they shall be entitled to the social-house support
policy as prescribed by law;
dd) Enjoy the health insurance
regime as prescribed by law, have access to medical examination and treatment
services according to their pre-retirement ranks, positions or titles at
People’s Public Security Force’s medical establishments under regulations of
the Minister of Public Security.
2. The People’s Public Security
officers and non-commissioned officers transferring to other sectors shall
enjoy the following interests:
a) The State policies for necessary
professional training for officers and non-commissioned officers who are
transferred to other sectors to meet their host organizations’ demands;
b) Having their salaries and
seniority allowances at the time of transfer reserved for at least 18 months;
c) Other benefits prescribed in
point c of clause 1 of this Article;
d) In case of being re-mobilized in
the People’s Public Security Force, the duration of working as civil servants
shall be counted in the continuous working period for rank promotion
consideration and the working seniority period;
dd) After taking retirement, they
shall be entitled to seniority allowances calculated based on the duration of
service in the People’s Public Security Force and their current salaries; if
the current salaries are lower than the salaries at the time of transfer, the
latter shall be used as a basis for pension calculation in accordance with law.
3. The People’s Public Security
officers and non-commissioned officers who are demobilized shall enjoy the
following interests:
a) Subsidies for creation of
employment and lump-sum allowances under the Government's regulations;
b) Other benefits prescribed in
point c and d of clause 1 of this Article;
c) If they have at least full
fifteen years of service in the People’s Public Security Force, in case of
suffering any disease, they shall be entitled to medical examination and
treatment services provided by medical establishments of the People’s Public
Security Force under the regulations of the Minister of Public Security.
4. People’s Public Security officers
and non-commissioned officers, who are demobilized as sick soldiers, shall be
entitled to the benefits prescribed in point c and d of clause 1 of this
Article and other treatment under laws.
5. People’s Public Security officers
and non-commissioned officers who used to directly engage in combat or work in difficult
areas or peculiar occupations, the duration of such service shall be counted
for enjoyment of interests when they retire from service in the People’s Public
Security Force as per laws.
6. For People’s Public Security
officers, non-commissioned officers and enlisted members who die in the line of
duty, their relatives shall be entitled to the legally-prescribed regime on
preferential treatment of people with meritorious service to the revolution,
the social insurance regime in accordance with law on social insurance and
lump-sum allowances stipulated by the Government.
7. For People’s Public Security
officers, non-commissioned officers and enlisted members who pass away in the
line of duty, their relatives shall be entitled to the social insurance regime
in accordance with law on social insurance and lump-sum allowances stipulated
by the Government.
Article 42. Regimes and policies
applicable to public security cadets, workers, enlisted non-commissioned
officers and members, and relatives of enlisted non-commissioned officers and
members
1. People’s Public Security cadets
shall be entitled to stipends, regimes and policies in accordance with laws on
enlisted non-commissioned officers and members.
2. Public security workers shall be
entitled to regimes and policies like those applied to national defence
workers.
3. Enlisted non-commissioned
officers and members shall be entitled to the regimes and policies like those
applied to enlisted non-commissioned officers and members on active service in
the people’s armed forces; upon expiration of their service period, they shall
be entitled to job training or job-creation allowances and shall be given
priority in taking enrolment examinations at People’s Public Security schools,
and other regimes and policies stipulated by the Government.
Relatives of enlisted
non-commissioned officers and members shall be entitled to regimes and policies
applied to relatives of non-commissioned officers and soldiers on active
service in the people’s armed forces.
Chapter
VI
REWARDS
AND DISCIPLINARY ACTIONS
Article 43. Commendation and
rewarding
1. People’s Public Security
officers, non-commissioned officers and members, and public security workers,
who record achievements in combat or work, shall be considered medals, honorable
state titles or other reward forms in accordance with law.
2. Agencies, organizations and
individuals that participate in, cooperate and collaborate with and support the
People's Public Security Force in protecting national security, maintaining
social order and safety, fighting, preventing and controlling crimes and
violations of law shall, depending on their performance, be considered awards
in accordance with laws.
Article 44. Disciplinary actions
1. People’s Public Security
officers, non-commissioned officers and members, and public security workers,
who breach disciplines or violate lawsoft, shall, depending on the nature and
severity of their violations, be disciplined, administratively sanctioned or
subject to criminal prosecution procedures; in case of causing damage to the
health or lives of other persons, the property or lawful interests of agencies,
organizations or individuals, they shall be liable for compensations therefor
in accordance with law.
2. People’s Public Security
officers, non-commissioned officers and members shall not be allowed to use the
public-security insignias, stripes and badges in case of being subject to legal
actions, temporary custody or detention; if they are deprived of titles of the
People’s Public Security Force, then their public security titles, stripes and
badges shall be removed.
3. Agencies, organizations or
individuals that commit acts of threatening lives, abusing honor and dignity of
People’s Public Security officers, non-commissioned officers or members,
opposing, damaging and appropriating means, materials, weapons, explosives,
supporting instruments or hindering activities of officers, non-commissioned
officers and members of the People’s Public Security Force shall, depending on
the nature and severity of violation, be subject to penalties imposed under
laws.
4. Individuals, agencies or
organizations evading, opposing and hindering fulfillment of obligations to
participate in the People’s Public Security Force shall, depending on the
nature and severity of violation, be subject to disciplinary actions,
administrative penalties or criminal prosecution procedures as per laws.
Chapter
VII
IMPLEMENTARY
PROVISIONS
Article 45. Entry into force
1. This Law shall enter into force
on July 1, 2019, except the case specified in clause 2 of this Article.
2. Provisions of this Law on highest
ranks such as general ranks; grant, promotion, demotion and deprivation of
general ranks; appointment, discharge, dismissal and demotion of titles with
highest ranks which are general ones shall be in effect from January 11, 2019.
3. This Law on the People’s Public
Security Force No. 73/2014/QH13 shall be repealed from the entry into force of
this Law.
Article 46. Transitional provision
1. Communes and towns having formal
public security forces shall be subject to the following provisions:
a) Do not apply provisions laid down
in point a of clause 3 of Article 61 in the Law on Officials and Public
Servants No. 22/2008/QH12;
b) Do not apply provisions on duties
and powers of provincial People’s Councils to commune-level Public Security
Offices defined in point c of clause 7 of Article 19 in the Law on Organization
of Local Jurisdictions No. 77/2015/QH13;
c) Holders of semi-full time titles
of commune-level Public Security Forces that are appointed or designated
according to procedures prescribed in the Ordinance on Commune-level Public
Security Offices No. 06/2008/PL-UBTVQH12 shall
receive permission for termination of their duties and may be recruited to
perform the tasks of protecting public security and order at the grassroots
level, shall be entitled to regimes and policies under the provisions of the
Ordinance on Commune-level Public Security Forces No. 06/2008/PL-UBTVQH12 until
the date of entry into force of other legislative documents.
2. As for communes or towns where
formal public security forces have not yet been founded, regulations regarding
commune-level public security forces shall be implemented according to the
Ordinance on Commune-level Public Security Forces No. 06/2008/PL-UBTVQH12 ,
the Law on Officials and Public Servants No. 22/2008/QH12 and the Law on
Organization of Local Jurisdictions No. 77/2015/QH13.
This
Law is passed in the 6th plenary
session of the XIVth National
Assembly of the Socialist Republic of Vietnam held on November 20, 2018.
NATIONAL ASSEMBLY’S CHAIR
Nguyen Thi Kim Ngan |
Ý KIẾN