Chương IV: Sĩ quan, hạ sĩ quan, chiến sĩ công an nhân

Chapter IV

PEOPLE'S PUBLIC SECURITY OFFICERS, NON-COMMISSIONED OFFICERS AND SOLDIERS

Article 20.- Classification of People's Public Security officers, non-commissioned officers and soldiers

1. According to classification by forces, the People's Public Security Forces have:

a/ People's Security officers, non-commissioned officers and soldiers;

b/ People's Police officers, non-commissioned officers and soldiers.

2. According to classification by operation characteristics, the People's Public Security Forces have:

a/ Professional officers and non-commissioned officers;

b/ Technical officers and non-commissioned officers;

c/ Term non-commissioned officers and soldiers.

Article 21.- The system of ranks of People's Public Security officers, non-commissioned officers and soldiers

1. Professional officers and non-commissioned officers:

a/ For non-commissioned officers, there are three ranks:

- Corporal;

- Sergeant;

- Warrant officer.

b/ For company officers, there are four ranks:

- Second lieutenant;

- Lieutenant;

- Senior lieutenant;

- Captain;

c/ For field officers, there are four ranks:

- Major;

- Lieutenant colonel;

- Senior lieutenant colonel;

- Colonel.

d/ For generals, there are four ranks:

- Major general;

- Lieutenant general;

- Senior lieutenant general;

- General.

2. Technical officers and non-commissioned officers:

a/ For non-commissioned officers, there are three ranks:

- Corporal;

- Sergeant;

- Warrant officer.

b/ For company officers, there are four ranks:

- Second lieutenant;

- Lieutenant;

- Senior lieutenant;

- Captain;

c/ For field officers, there are three ranks:

- Major;

- Lieutenant colonel;

- Senior lieutenant colonel.

3. Term non-commissioned officers and soldiers:

a/ For soldiers, there are two ranks:

- Private;

- First-class private.

b/ For non-commissioned officers, there are three ranks:

- Corporal;

- Sergeant;

- Warrant officer.

Article 22.- Eligible subjects, conditions and duration for consideration of appointment and promotion to the rank of People's Public Security officers, non-commissioned officers or soldiers

1. Subjects eligible for rank appointment:

a/ Graduates from universities of the People's Public Security Forces shall be appointed to the rank of second lieutenant; graduates from intermediate schools of the People's Public Security Forces shall be appointed to the rank of sergeant;

b/ Cadres, public servants and graduates from academies, universities, colleges, professional and vocational intermediate schools who are recruited to serve in the People's Public Security Forces shall, depending on their trained professional level and assigned tasks, be appointed to corresponding ranks;

c/ Citizens who serve for a given term in the People's Public Security Forces shall be appointed to the rank of private, first-class private, corporal, sergeant or warrant officer.

2. Conditions for rank promotion consideration:

Officers, non-commissioned officers and soldiers of the People's Public Security Forces shall be promoted in ranks when their current ranks are lower than the highest ranks set for their incumbent positions and they fully meet the set criteria on political quality and professional qualifications, and the condition on duration for rank promotion consideration defined in Clause 3 of this Article.

3. Durations for rank promotion consideration:

a/ For professional officers and non-commissioned officers:

From corporal to sergeant: one year;

From sergeant to warrant officer: one year;

From warrant officer to second lieutenant: two years;

From second lieutenant to lieutenant: two years;

From lieutenant to senior lieutenant: three years;

From senior lieutenant to captain: three years;

From captain to major: four years;

From major to lieutenant colonel: four years;

From lieutenant colonel to senior lieutenant colonel: four years;

From senior lieutenant colonel to colonel: four years;

For general rank promotion, no duration is set;

b/ The duration for consideration of rank promotion for technical officers and non-commissioned officers; non-commissioned officers and soldiers serving for a given term in the People's Public Security Forces shall be set by the Government;

c/ People's Public Security officers, non-commissioned officers and soldiers, who record particularly outstanding achievements in crime prevention and fighting and professional activities, may be considered for a skip in ranks; if they record particularly outstanding achievements in work, scientific research or study, they may be considered for ahead-of-time rank promotion.

d/ The duration when officers, non-commissioned officers and soldiers study at universities or schools shall be calculated into duration for rank promotion consideration; demoted officers, non-commissioned officers and soldiers who, within one year after the date of demotion, make progress shall be considered for rank promotion.

Article 23.- The system of basic positions in the People's Public Security Forces

1. The system of basic positions in the People's Public Security Forces consists of:

a/ Squad leader;

b/ Platoon leader;

c/ Company commander;

d/ Battalion commander; head of public security office of ward or township; team leader;

e/ Regiment commander; head of public security office of rural district, urban district, provincial town or provincial city; head of section;

f/ Director of public security department of province or centrally-run city;

g/ Commander, department director;

h/ General department director;

i/ The Minister.

2. Positions equivalent to those specified at Points a, b, c, d, e, f, g and h, Clause 1 of this Article, and other positions and titles in the People's Public Security Forces shall be provided for by law.

Article 24.- The system of ranks of People's Public Security officers

1. Ranks of officers holding basic positions in the People's Public Security Forces are specified as follows:

a/ Squad leader: Second lieutenant, lieutenant or senior lieutenant;

b/ Platoon leader: Lieutenant, senior lieutenant or captain;

c/ Company commander: Senior lieutenant, captain or major;

d/ Battalion commander; head of public security office of ward or township; team leader: Major, lieutenant colonel;

e/ Regiment commander; head of public security office of rural district, urban district, provincial town or provincial city; head of section: Lieutenant colonel, senior lieutenant colonel;

f/ Director of public security department of province or centrally-run city; department director: Senior lieutenant colonel, colonel;

g/ Director of the Public Security Department of Hanoi city or Ho Chi Minh city; the commander of the security guard command: Colonel, major general;

h/ General department director: Major general, lieutenant general;

i/ The Minister: Senior lieutenant general, general.

2. For officers who hold basic positions in units assigned important or special tasks or in geographical areas of strategic position for security or order, the highest rank may be one rank higher than the highest rank of the corresponding positions specified at Points a, b, c, d, e and f, Clause 1 of this Article.

3. Ranks of officers holding positions equivalent to those specified in Clause 1 of this Article and other positions shall be provided for by law.

Article 25.- Competence to appoint, promote, to demote or strip ranks of officers, non-commissioned officers and soldiers; to appoint, dismiss, relieve from office position holders in the People's Public Security Forces or demote them to lower positions

1. The State President shall appoint or promote officers to ranks of senior lieutenant general and general. The Prime Minister shall confer or promote officers to ranks of major general and lieutenant general, and appoint holders of positions of vice minister or director of general department under the Public Security Ministry.

The Public Security Minister shall appoint or promote officers to ranks of field officers, appoint holders of positions of deputy-general director of general department, commander, department director, deputy commander, deputy director of department under the Public Security Ministry and equivalent positions and titles, director and deputy director of provincial/municipal public security department, and stipulate the rank appointment and promotion and appointment of other positions and titles in the People's Public Security Forces.

2. Persons competent to appoint or promote officers to certain ranks shall have the right to strip them of or demote them from such ranks; each time of promotion or demotion shall involve only one higher or lower rank, except for special cases where the promotion or demotion involving several higher or lower ranks is considered. Persons competent to appoint holders of certain positions shall have the right to dismiss, relieve from office or demote such position holders to lower positions.

Article 26.- Transfer of People's Public Security officers, non-commissioned officers and soldiers

1. People's Public Security officers, non-commissioned officers and soldiers must obey transfer orders of competent authorities.

2. Persons competent to appoint holders of certain positions shall have the right to transfer such position holders.

Article 27.- Seconding of People's Public Security officers

1. On the basis of requirements and tasks of protecting national security and maintaining social order and safety, People's Public Security officers may be seconded to work in agencies or organizations outside the People's Public Security Forces according to the regulations of competent authorities.

2. Seconded People's Public Security officers shall enjoy the regimes and policies according to the provisions of this Law and other relevant provisions of law.

3. Agencies and organizations where People's Public Security officers are seconded shall have to keep secret such seconding and ensure working and living conditions for such officers according to the provisions of law.

Article 28.- Service age limits of People's Public Security officers

1. The service age limits of People's Public Security officers are specified as follows:

For company officers: 50 years;

For major and lieutenant colonel: 55 years for male and 53 years for female;

For senior lieutenant colonel: 58 years for male and 55 years for female;

For colonel and general rank: 60 years for male and 55 years for female.

2. Where People's Public Security units have demands and concerned officers have all qualities, are professionally qualified and fit and volunteer for longer service, the service ages specified in Clause 1 of this Article may be prolonged for no more than 5 years. Specific service age prolongations shall be specified by the Government.

3. People's Public Security officers who fully meet the conditions for social insurance set by the State shall be entitled to retirement. For those who have served in the People's Public Security Forces for full 25 years for male, or full 20 years for female and are neither physically fit nor professionally capable for the job, or apply for retirement, they shall be allowed to retire before reaching the ages specified in Clause 1 of this Article.

Article 29.- Obligations and responsibilities of People's Public Security officers, non-commissioned officers and soldiers

1. To be absolutely loyal to the Fatherland and the people.

2. To strictly observe the Party's guidelines and policies, the State's laws, the People's Public Security Forces' statute, superiors' directives and commands.

3. To be honest, brave, alert, ready for combat and accomplishment of all assigned tasks;

4. To respect and protect legitimate rights and interests of agencies, organizations and individuals; to dedicatedly serve the people, and be respectful and polite to the people.

5. To constantly study to improve their political quality, law knowledge and scientific-technical and professional level; to temper their revolutionary quality and sense of disciplinary organization and train their physical strength.

6. To be held responsible before law and their superiors for their commands, the obedience to their superiors' commands and the performance of tasks by their subordinates. When receiving commands from their commanders, if they have grounds to believe that such commands are unlawful, they shall have to promptly report such to the command givers. Where they still have to obey such commands, they shall report such on time to immediate superiors of the command givers and shall not be responsible for consequences of the obedience to such commands.

Article 30.- Things which must not be done by People's Public Security officers, non-commissioned officers and soldiers

1. Taking advantage of their positions and vested powers to infringe upon interests of the State, rights and legitimate interests of agencies, organizations and individuals.

2. Acting against the law and the statute of the People's Public Security Forces, and doing things which, according to law, must not be done by cadres and public servants.