Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope
This Law provides for the principles of organization and operation; functions, tasks and powers of, and regimes and policies for, the People's Public Security Forces.
Article 2.- Subjects of application
This Law applies to the People's Public Security Forces; Vietnamese agencies, organizations and citizens and foreign organizations and individuals residing and operating in the territory of the Socialist Republic of Vietnam. Where it is otherwise provided for by an international treaty to which the Socialist Republic of Vietnam is a contracting party, such treaty shall apply.
Article 3.- Interpretation of terms
In this Law, the following terms and phrases shall be construed as follows:
1. Protection of national security means preclusion, detection, prevention, fighting and failing of activities of infringing upon the national security.
2. Maintenance of social order and safety means preclusion, detection, prevention and combat of crimes and acts of violating the law on social order and safety.
3. Professional officers and non-commissioned officers mean Vietnamese citizens who are recruited, trained, drilled and engaged in professional operations of the People's Public Security Forces, and are appointed and promoted by the State to the rank of general, field officer, company officer or non-commissioned officer.
4. Technical officers and non-commissioned officers mean Vietnamese citizens who are specialized in technical domains, serve in the People's Public Security Forces and are appointed and promoted by the State to the rank of field officer, company officer or non-commissioned officer.
5. Term non-commissioned officers and soldiers mean Vietnamese citizens who are recruited to serve in the People's Public Security Forces for a term of three years, and are appointed and promoted by the State to the rank of warrant officer, sergeant, corporal, first-class private or private.
6. Workers and public employees mean persons who are recruited to work in the People's Public Security Forces but are not appointed by the State to the rank of officer, non-commissioned officer or soldier.
7. Professional measures mean working measures taken by the People's Public Security Forces in accordance with the provisions of law to protect national security and maintain social order and safety.
Article 4.- Position and functions of the People's Public Security Forces
1. The People's Public Security Forces constitute the core of the people's armed forces in the cause of protection of national security and maintenance of social order and safety of the State of the Socialist Republic of Vietnam.
The People's Public Security Forces include the People's Security Force and the People's Police Force.
2. The People's Public Security Forces function to advise the Party and the State on protection of national security and maintenance of social order and safety; perform the unified management in protection of national security and maintenance of social order and safety; prevent and fight plots and acts of enemy forces, crimes of all types and violations of law on national security as well as social order and safety.
Article 5.- Principles of organization and operation of the People's Public Security Forces
1. The People's Public Security Forces are placed under the absolute, direct and comprehensive leadership of the Communist Party of Vietnam and the supreme command of the State President, the unified management by the Government and the direct command and management by the Public Security Minister.
2. The People's Public Security Forces are organized in a centralized and unified manner according to the administrative skeleton from the central to grassroots levels.
3. Activities of the People's Public Security Forces must abide by the Constitution and law; adhere to the principle that that subordinates submit to the superiors; rely on the people and submit to supervision by the people; protect the interests of the State, the rights and legitimate interests of organizations and individuals.
Article 6.- Recruitment of citizens for service in the People's Public Security Forces
1. Citizens who satisfy all the criteria of political and ethical quality, educational level and health, and have aspirations and aptitudes suitable to public security work may be recruited into the People's Public Security Forces.
2. The People's Public Security Forces are given priority to recruit students who have graduated with distinction from academies, universities, colleges, professional intermediate and vocational schools and satisfy all the criteria for training and addition to the People's Public Security Forces.
Article 7.- Citizens serving for a given term in the People's Public Security Forces
1. Annually, the People's Public Security Forces may recruit citizens aged between full 18 and 25 years to serve in their forces for a term of three years.
2. Specific number, criteria and procedures for recruitment of citizens to serve for a given term in the People's Public Security Forces shall be provided for by the Government.
Article 8.- Service regimes of officers, non-commissioned officers, soldiers, workers and public employees of the People's Public Security Forces
1. Officers of the People's Public Security Forces shall serve under the professional regime; non-commissioned officers and soldiers of the People's Public Security Forces shall serve under the professional regime or for a given term; workers and public employees of the People's Public Security Forces shall serve under the recruitment regime.
2. Citizens serving in the People's Public Security Forces shall be exempt from military service duty.
Article 9.- Building of the People's Public Security Forces
1. The State shall adopt policies on training and fostering of officers, non-commissioned officers and soldiers of the People's Public Security Forces; and build the revolutionary, regular, well-trained and gradually modernized People's Public Security Forces.
2. Agencies, organizations and all citizens are obliged to participate in building the clean and strong People's Public Security Forces.
Article 10.- Supervision of activities of the People's Public Security Forces
1. The National Assembly and its agencies, delegations of National Assembly deputies, National Assembly deputies, People's Councils and People's Council deputies shall, within the ambit of their respective tasks and powers, supervise activities of the People's Public Security Forces.
2. The Vietnam Fatherland Front and its member organizations shall have to agitate and mobilize people of all strata to participate in "the entire population protect the fatherland's security" movement; to coordinate and collaborate with and assist the People's Public Security Forces in performing their tasks and building the People's Public Security Forces; and supervise the observance of law on the People's Public Security Forces.
Article 11.- The traditional day of the People's Public Security Forces
The 19th of August every year is taken as the traditional day of the People's Public Security Forces and the festive day "the entire population protect the fatherland's security."
Article 12.- Coordinative relations between the People's Army, Self-Defense and Militia Forces and the People's Public Security Forces
1. The People's Army, Self-Defense and Militia Forces shall have to closely coordinate with the People's Public Security Forces in protecting the national security, maintaining social order and safety, and building the People's Public Security Forces.
2. The Regulation on coordination between the People's Army, Self-Defense and Militia Forces and the People's Public Security Forces shall be promulgated by the Government.
Article 13.- Regimes and policies toward agencies, organizations and individuals that join, coordinate and collaborate with and assist the People's Public Security Forces
1. The State shall protect and keep secret agencies, organizations and individuals that join, coordinate and collaborate with and assist the People's Public Security Forces in protecting national security and maintaining social order and safety.
2. Agencies, organizations and individuals that have joined, coordinated and collaborated with, and assisted the People's Public Security Forces in protecting national security and maintaining social order and safety and suffer prejudice to their honor or damage to their property shall have their honor restored or be compensated. If they suffer from injuries or damage to their health or lives, they and their families shall enjoy regimes and policies provided for by law.
Tìm kiếm
Luật công an nhân dân 2005 (Bản Word)