Luật Công an nhân dân 2014 số 73/2014/QH13

THE NATIONAL ASSEMBLY -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom – Happiness ----------------
No. 73/2014/QH13	Hanoi, November 27, 2014

 

LAW

ON THE PEOPLE’S PUBLIC SECURITY FORCES

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on the People’s Public Security Forces.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides the principles of organization and operation; the functions, tasks and powers of, and the regimes and policies applicable to, 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; in case treaties to which the Socialist Republic of Vietnam is a contracting party otherwise provide, such treaties shall prevail.

Article 3. Interpretation of terms

In this Law, the terms below shall be construed as follows:

1. National security protection means preventing, detecting, stopping and struggling to frustrate activities of infringing upon the national security.

2. Social order and safety maintenance means preventing, detecting, stopping and fighting against crimes and illegal acts related to social order and safety.

3. Operation officers and non-commissioned officers means Vietnamese citizens who are recruited, trained, coached and working in different fields of operation of the People’s Public Security Forces, and are bestowed and promoted to the ranks of general, field officer, company officer or non-commissioned officer.

4. Specialist technical officers and non-commissioned officers means Vietnamese citizens possessing specialist technical qualifications and working within the People’s Public Security Forces, who are bestowed and promoted to the ranks of field officer, company officer or noncommissioned officer.

5. Service non-commissioned officers and men means Vietnamese citizens who perform their service of joining the People’s Public Security Forces and are bestowed and promoted to the ranks of sergeant-major, sergeant, corporal, first-class private or private.

6. Public-security workers means those who are recruited to work in the People’s Public Security Forces but are not bestowed to the rank of officer, non-commissioned officer or man.

Article 4. Position and structure of the People’s Public Security Forces

The People’s Public Security Forces constitute a people’s armed force acting as the core in performing the tasks of protecting the national security, maintaining the social order and safety and preventing and fighting crimes.

The People’s Public Security Forces include the People’s Security force, the People’s Police force and the Commune Public Security force.

Article 5. Principles of organization and operation of the People’s Public Security Forces

1. The People’s Public Security Forces shall be placed under the absolute, direct and comprehensive leadership of the Communist Party of Vietnam, the supreme command of the President, the unified state management of the Government, the direct command and management of the Minister of Public Security.

2. The People’s Public Security Forces shall be organized in a centralized and uniform manner and according to the administrative hierarchy from the central to grassroots levels.

3. Activities of the People’s Public Security Forces must 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 6. Traditional day of the People’s Public Security Forces

August 19 every year shall be taken as the traditional day of the People’s Public Security Forces and the All People Protect the National Security festive day

Article 7. Recruitment of citizens into the People’s Public Security Forces

1. Citizens who fully meet the criteria on political and moral qualities, educational level and health, have the aspiration and aptitudes for public-security activities may be recruited into the People’s Public Security Forces.

2. The People’s Public Security Forces shall be given priority in recruiting outstanding students graduating from academies, universities, colleges, professional intermediate schools or vocational schools who are fully qualified for training and reinforcement of the People’s Public Security Forces.

Article 8. Obligation to join the People’s Public Security Forces

1. Citizens performing the service of joining the People’s Public Security Forces also perform their obligation to defend the Fatherland in the people’s armed forces. Annually, the People’s Public Security Forces may recruit citizens in the enlistment age group for service in the People’s Public Security Forces for a period of three years.

2. The procedures for enlistment of citizens to perform their service of joining the People’s Public Security are similar to those applicable to citizens performing their military active service.

Article 9. Service regimes applicable to officers, non-commissioned officers and men of the People’s Public Security Forces and public-security workers

1. People’s Public Security officers shall serve under the professional regime; noncommissioned officers and men shall serve under the professional regime or service regime; public-security workers shall serve under the recruitment regime.

2. After being demobilized or transferred to civilian agencies, citizens who have served in the People’s Public Security Forces shall perform the military service in the reserve force as prescribed by law.

Article 10. Building of the People’s Public Security Forces

1. The State shall adopt policies on training and retraining of People’s Public Security officers, non-commissioned officers and men; build the People’s Public Security Forces to be revolutionary, regular, elite and incrementally modem.

2. Agencies, organizations and citizens have the responsibility to build the clean and strong People’s Public Security Forces.

Article 11. Supervision of activities of the People’s Public Security Forces

1. The National Assembly, National Assembly agencies, National Assembly deputies’ delegations, National Assembly deputies, People’s Councils and People’s Council deputies shall, within the scope of their respective tasks and powers, supervise the activities of the People’s Public Security Forces.

2. The Vietnam Fatherland Front and its member organizations shall propagate and mobilize people of all strata to participate in the All People Protect the National Security movement, 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 supervising the implementation of the law on the People’s Public Security.

Article 12. Coordination between the People’s Army, the Militia and Self-Defense Force and the People’s Public Security Forces

1. The People’s Army and the Militia and Self-Defense Force shall closely coordinate with the People’s Public Security Forces in protecting the national security, maintaining the social order and safety and building the People’s Public Security Forces.

2. The coordination between the People’s Army and the Militia and Self Defense Force and the People’s Public Security Forces shall be stipulated by the Government.

Article 13. Responsibility of, and regimes and policies applicable to, agencies, organizations and individuals that participate in, coordinate and collaborate with, and assist the People’s Public Security Forces

1. Agencies, organizations and individuals operating in the territory of the Socialist Republic of Vietnam and Vietnamese agencies, organizations and citizens in foreign countries have the responsibility to participate in, coordinate and collaborate with, and assist the People’s Public Security Forces in performing their functions and tasks, and exercising their powers as prescribed by law.

2. The State shall protect and keep confidential agencies, organizations and individuals that participate in, coordinate and collaborate with, and assist the People’s Public Security Forces in protecting the national security, maintaining the social order and safety, and preventing and fighting crimes.

Agencies, organizations and individuals that record achievements while participating in, coordinating and collaborating with, and assisting the People’s Public Security Forces in protecting the national security, maintaining the social order and safety and preventing and fighting crimes shall be commended and rewarded; are entitled to have their damaged honor restored and their damaged property compensated, and they themselves and their families are entitled to regimes and policies as prescribed by law if their health or lives are harmed.

Chapter II

FUNCTIONS, TASKS AND POWERS OF THE PEOPLE’S PUBLIC SECURITY FORCES

Article 14. Functions of the People’s Public Security Forces

The People’s Public Security Forces shall function to advise the Party and the State on national security protection, social order and safety maintenance and crime prevention and fighting; must be answerable to the Government for performing unified state management of national security, social order and safety; shall prevent and combat plots and activities of hostile forces, crimes and violations of law related to national security, social order and safety.

Article 15. Tasks and powers of the People’s Public Security Forces

1. To collect information, analyze, assess and forecast the situation and propose 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, crime prevention and fighting; to participate in appraising and assessing national security, social order and safety impacts of socio-economic development master plans, plans and projects; to closely combine the tasks of national security protection, social order and safety maintenance, crime prevention and fighting with the tasks of socio-economic, cultural construction and development; to effectively coordinate security activities with defense and external activities.

2. To actively prevent, detect, stop and frustrate plots and activities of infringing upon the national security, eliminating any threats to the national security; to protect the Party, the State and the socialist regime, and defend the national independence, sovereignty, unity and territorial integrity; to protect the political security and security in the fields of ideology and culture, economy, national defense, external relations, information, society, environment and other national interests; to protect the great national unity bloc; to protect the lives, health, honor, dignity, property and democratic freedoms of citizens, and the lawful rights and interests of agencies, organizations and individuals.

3. To carry out intelligence activities in accordance with law.

4. To protect high-ranking Party and State leaders, international guests visiting and working in Vietnam; to protect important political, economic, diplomatic, scientific- technical, cultural and social events and targets; to protect key works related to national security, representative offices of foreign countries or international organizations in Vietnam; to protect individuals keeping or being closely associated to state secrets in accordance with law.

5. To manage the protection of national security and state secrets; to take the main charge of managing immigration, transit and residence of foreigners in Vietnam; to control immigration and transit at border gates under regulations of the Government; to coordinate with the Border Guard, concerned sectors and local administrations in the management and protection of national boundaries and maintenance of social order and safety in border regions in accordance with law.

6. To manage the crime investigation, prevention and fighting. To 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. To actively prevent, detect, stop and fight crimes and violations of law related to social order and safety and environmental protection; to receive and settle reports and denunciations related to crimes, to propose initiation of criminal cases; to institute criminal cases and investigate crimes in accordance with law; to perform criminal statistical work; to identify causes and conditions giving rise to crimes and violations of law related to social order and safety and environmental protection and propose remedies; to educate violators of law at communities in accordance with law.

7. To manage the execution of criminal judgments; to manage prisons, compulsory education establishments, reformatories, temporary detention camps and custody houses; to organize the execution of criminal judgments and decisions and judicial measures, and perform the tasks of supporting judicial activities as prescribed by law.

8. To manage the sanctioning of administrative violations in the field of security, social order and safety; to sanction administrative violations and apply administrative handling measures in accordance with law; to maintain security and order in the execution of coercion decisions upon request of competent agencies.

9. To manage residence and the national population database, citizen identification, seals, traffic order and safety, public order, weapons, explosives, supporting instruments, and fire prevention and fighting in accordance with law; to issue citizen identity cards; to register and grant license plates to road motor vehicles; to implement fire prevention and fighting, rescue and salvage; to perform the security and order management of conditional business lines and trades and security services in accordance with law.

10. To assume the prime responsibility for, and coordinate in, managing and implementing propagation and education work related to national security protection, social order and safety maintenance, crime prevention and fighting; to guide, examine, inspect and settle complaints and denunciations in activities of protecting the national security, maintaining the social order and safety, and preventing and fighting crimes.

11. To act as the core in building the people’s security disposition, building the All People Protect the National Security movement. To guide agencies and organizations in protecting the internal political security, economic, financial, monetary and investment security, ideological-cultural security, information security, social security and environmental security.

12. To provide operation guidance and training and legal knowledge training for municipal security, civil guard, office and enterprise security forces in accordance with law.

13. To apply mass agitation, legal, diplomatic, economic, technical-scientific, professional and armed measures for national-security protection and social order and safety maintenance in accordance with law.

14. To use weapons, explosives and supporting instruments to attack and pursue criminals, to stop persons who are committing crimes or other illegal acts and to exercise legitimate self- defense in accordance with law.

15. To decide on or propose the suspension or cessation 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; to request in accordance with law agencies, organizations and individuals to provide information, documents and objects when there are grounds to determine that they are related to activities of infringing upon national security, social order and safety. To mobilize and acquisition in accordance with law communication equipment, vehicles, other equipment and users or operators of such equipment and vehicles in case of urgency to protect the national security, social order and safety, or to stop or prevent occurring or possible consequences detrimental to society.

16. To apply measures for national security protection and social order and safety maintenance upon emergence of a state of war, a state of emergency or a threat to national security, social order and safety, which is, however, not serious enough for declaring a state of emergency in accordance with law.

17. To research into, apply and mobilize scientific and technological achievements in national security protection, social order and safety maintenance and People’s Public Security Force building.

18. To build the People’s Public Security Forces to be revolutionary, regular, elite and incrementally modem, acting as the core in the performance of national security protection, social order and safety maintenance, and crime prevention and fighting tasks.

19. To implement international cooperation in crime prevention and fighting, national security protection, social order and safety maintenance and People’s Public Security force building; to act as the key body in performing the extradition and transfer of persons currently serving prison sentences and implementing criminal legal assistance in accordance with law and treaties to which the Socialist Republic of Vietnam is a contracting party.

20. To perform other tasks and exercise other powers as prescribed by law.

Chapter III

ORGANIZATION OF THE PEOPLE’S PUBLIC SECURITY FORCES

Article 16. Organizational system of the People’s Public Security Forces

1. The organizational system of the People’s Public Security Forces 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. Based on the requirements of fire prevention and fighting and rescue and salvage activities, the Government shall stipulate the establishment of Fire Prevention and Fighting Police Departments of provinces or centrally run cities.

3. The Commune Public Security force shall act as the core in the All People Protect the National Security movement, and the security, social order and safety maintenance at the grassroots. The functions, tasks, powers, organization and operation of, regimes and policies applicable to, the Commune Public Security force shall be prescribed by law.

4. Based on the requirements of security and order maintenance, the Minister of Public Security shall, within the ambit of his/her tasks and powers, decide to set up Public Security posts or stations and independent units to be arranged in necessary geographical areas; stipulate the transfer of People’s Public Security officers and non-commissioned officers to assume Commune Public Security titles.

Article 17. Competence to specify the functions, tasks, powers and organizational structure within the People’s Public Security Forces

1. The Government shall specify the functions, tasks, powers and organizational structure of the Ministry of Public Security.

2. The Minister of Public Security shall specify the functions, tasks, powers and organizational structures of general departments, commands and units attached to the Ministry, units under the general departments, commands and Public Security Departments of provinces or centrally run cities, Public Security Sections of rural districts, urban districts, towns or provincial cities and the remaining units in the People’s Public Security Forces.

Article 18. Commanders in the People’s Public Security Forces

1. The Minister of Public Security is the top commander in the People’s Public Security Forces.

2. Subordinate public security commanders shall take responsibility before superior public security commanders for the organization and operation of public security units assigned to their charge. Local public security commanders must be answerable to superior public security commanders and to the Party Committees and administrations of the same level.

3. People’s Public Security officers, non-commissioned officers and men with higher positions or ranks are superiors of officers, non-commissioned officers and men with lower positions or ranks. Officers, non-commissioned officers or men with higher positions but equal or lower ranks are superiors of officers, non-commissioned officers and men with equal or higher ranks but lower positions.

Chapter IV

PEOPLE’S PUBLIC SECURITY OFFICERS, NON-COMMISSIONED OFFICERS AND MEN

Article 19. Classification of People’s Public Security officers, non-commissioned officers and men

1. By force-based classification, the People’s Public Security Forces include:

a/ People’s Security officers, non-commissioned officers and men;

b/ People’s Police officers, non-commissioned officers and men.

2. By operation nature-based classification, the People’s Public Security Forces include:

a/ Operation officers and non-commissioned officers;

b/ Specialist technical officers and non-commissioned officers;

c/ Service non-commissioned officers and men.

Article 20. System of ranks and grades of People’s Public Security officers, noncommissioned officers and men

1. Operation officers and non-commissioned officers: a/ General officers have four ranks:

General;

Senior Lieutenant General;

Lieutenant General;

Major General;

b/ Field officers have four ranks:

Colonel;

Senior Lieutenant Colonel;

Lieutenant Colonel;

Major;

c/ Company officers have four ranks:

Captain;

Senior Lieutenant Captain;

Lieutenant;

Second Lieutenant;

d/ Non-commissioned officers have three levels:

Sergeant major;

Sergeant;

Corporal.

2. Specialist technical officers and non-commissioned officers:

a/ Field officers have three ranks:

Senior Lieutenant Colonel;

Lieutenant Colonel;

Major;

b/ Company officers have four ranks:

Captain;

Senior Lieutenant Captain;

Lieutenant;

Second Lieutenant;

c/ Non-commissioned officers have three ranks:

Sergeant major;

Sergeant;

Corporal;

3. Service non-commissioned officers and men:

a/ Non-commissioned officers have three grades:

Sergeant major;

Sergeant;

Corporal;

b/ Men have two ranks:

First-class private;

Second-class private.

Article 21. Subjects of, conditions and time limits for, consideration of the rank bestowal and promotion of People’s Public Security officers, non- commissioned officers and men.

1. Subjects of rank bestowal consideration:

a/ Stipend cadets of People’s Public Security schools shall be bestowed with ranks as follows after their graduation:

Intermediate-level school: Sergeant;

College: Sergeant major;

University: Second lieutenant;

Cadets with distinction graduation shall be bestowed with ranks one grade higher;

b/ Cadres, civil servants or graduates from academies, universities, colleges, professional intermediate schools or vocational schools who are recruited into the People’s Public Security Forces, shall be bestowed with ranks corresponding to their respective training qualifications, working seniority, assigned tasks and salary grades;

c/ Service men shall be bestowed with the starting rank of second-class private.

2. Conditions for rank promotion consideration:

People’s Public Security officers, non-commissioned officers and men shall be rank- promoted when they satisfy the following conditions:

a/ Fulfilling their tasks, fully meeting the criteria on political and moral qualities, professional qualifications and health;

b/ When their current ranks are lower than the highest ranks prescribed for the positions and titles they are assuming;

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 non-commissioned officers and officers:

Corporal to sergeant: 1 year;

Sergeant to sergeant major: 1 year;

Sergeant major to second lieutenant: 2 years;

Second lieutenant to lieutenant: 2 years;

Lieutenant to senior lieutenant: 3 years;

Senior lieutenant to captain: 3 years;

Captain to major: 4 years;

Major to lieutenant colonel: 4 years;

Lieutenant colonel to senior lieutenant colonel: 4 years;

Senior lieutenant colonel to colonel: 4 years;

Colonel to major general: 4 years;

The minimum time limit for general rank promotion is 4 years.

b/ The rank promotion time limits for specialist technical officers and non-commissioned officers; service non-commissioned officers and men shall be stipulated by the Government;

c/ The period of officers, non-commissioned officers and men at schools shall be counted into the rank promotion consideration time limit; for rank-demoted officers, noncommissioned officers or men, if they make progress within one year after their rank demotion, they may be considered for rank promotion.

4. The maximum age of officers to be considered for rank promotion from colonel to major general is 57 or higher in cases subject to requirements and the President’s decision.

Article 22. Rank bestowal or promotion ahead of time and rank bestowal or promotion beyond the prescribed rank

1. People’s Public Security officers, non-commissioned officers or men 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 for rank bestowal or 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 crime prevention and fighting 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 for rank promotion beyond the prescribed rank, but not beyond the highest ranks prescribed for the positions or titles they are holding.

3. The President shall decide on the rank bestowal and 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 bestowal and promotion ahead of time and rank bestowal and promotion beyond the prescribed rank for the rank of colonel or lower.

Article 23. Positions of People’s Public Security officers

1. Basic positions of officers include:

a/ Minister of Public Security;

b/ General Director of General Department, Commander;

c/ Department head;

d/ Director of Department of Public Security of a province or centrally run city;

dd/ Section head; head of rural district, urban district, town or provincial city Public Security office; regiment commander;

e/ Team leader; head of ward or township Public Security office; battalion commander;

g/ Company leader;

h/ Platoon leader;

i/ Squad leader.

2. The positions and titles equivalent to the positions prescribed at Point b, Clause 1 of this Article shall be stipulated by the Government; the positions and titles equivalent to the positions prescribed at Points c, d, dd, e, g, h and i, Clause 1 of this Article shall be stipulated by the Minister of Public Security.

Article 24. Highest ranks for positions of People’s Public Security officers

1. The highest ranks for positions of officers are prescribed as follows:

a/ General: Minister of Public Security;

b/ Senior Lieutenant General: Deputy Minister of Public Security.

The number of Deputy Ministers of Public Security with the rank of senior lieutenant general must not exceed six;

c/ Lieutenant General:

General Directors of the General Departments; Commander and Political Commissar of the Mobile Police Command; Commander of the Guard Command;

Director of the Office of the Ministry of Public Security; Chief Inspector of the Ministry of Public Security; Director of the Public Security Strategy and Science Institute;

Directors of the Departments of Network Security; Traffic Police; Fire Prevention and Fighting, Rescue and Salvage Police; External Relations; Legal Affairs and Administrative and Judicial Reform; and All People Protect the National Security Movement Building; Directors of the Academies of People’s Security, People’s Police, People’s Public Security Politics;

A deputy director general who is the Secretary or Deputy Secretary of a General Department’s Party Committee;

Director of the Hanoi Public Security Department; director of the Ho Chi Minh City Public Security Department;

d/ Major general:

Assistant to the Minister of Public Security;

Directors of the Cipher, Finance, Planning and Investment Departments;

Directors of the Staff, Political and Operation Departments under the General Department of Security, excluding the Director of the Logistics Department, the permanent Director Office of the Steering Committee for Human Rights and the Chief Inspectors of the General Departments.

Directors of the Staff, Political and Operation Departments under the General Department of Intelligence, excluding the Director of the Logistics Department;

Directors of the Staff; Political; Criminal Police; Economic Police; Drug-Related Crime Investigation Police; Corruption-Related Crime Investigation Police; Environment-Related

Crime Prevention and Fighting Police; High Technology-Related Crime Prevention and Fighting Police; Criminal Pursuit Police; Social Order-Related Administrative Management Police; and Residence and National Population Database Registration and Management Police Departments under the General Department of Police; Director of the Office of the Investigation Police Agency of the Ministry of Public Security;

Directors of the Staff; Organization and Personnel; Political Affairs; Policies; Training; Party Work and Mass-Related Work Departments under the People’s Public Security Political General Department;

Directors of the Information and Communications; Technical Equipment and Supplies Management; Science, Technology and Environment Management; Information Technology; Capital Construction and Barrack Management; and Health Departments under the Logistics- Technique General Department;

Directors of the Political; Convict and Inmate Management; Reformatory Education and Community Integration; Criminal Judgment Execution Monitoring and Judicial Assistance; and Temporary Detention and Custody Instruction Departments of the Criminal Judgment Execution and Judicial Assistance General Department;

Director of the Criminology Institute; Director of the Public Security Forces History Institute; Editor-in-chief of “Cong An Nhan Dan” (People’s Public Security) Newspaper; Editor-in-Chief of “Cong An Nhan Dan” (People’s Public Security) Review; Director of the People’s Public Security Radio, Television and Cinematography Center; and Directors of August 19, 199, April 30 and Traditional Medicine Hospitals;

Director of the Intelligence Academy; Principals of the universities of People’s Security; People’s Police; People’s Public Security Techniques-Logistics; and Fire Prevention and Fighting;

Director of the Hanoi Fire Prevention and Fighting Police Department; Director of the Ho Chi Minh City Fire Prevention and Fighting Police Department;

The highest rank of deputies to the position holders defined at Point c of this Clause is major general, with the following quantity: nor more than five for a General Director of a General Department; not more than four for the Commander of the Mobile Police Command; one for the Political Commissar of the Mobile Police Command; not more than four for the Commander of the Guard Command; not more than three for the Director of the Office of the Ministry of Public Security; not more than three for the Chief Inspector of the Ministry of Public Security; not more than three for the Director of the Public Security Strategy and Science Institute; not more than two for the Director of the Network Security Department, the Traffic Police Department, the Fire Prevention and Fighting, Rescue and Salvage Police Department, the External Relations Department, the Legal and Administrative-Judicial Reform Department or the All People Protect the National Security Movement Department; not more than three for the Director of the People’s Security Academy; not more than three for the Director of the People’s Police Academy; not more than three for the director of the People’s Public Security Political Academy; not more than three for the Director of the Hanoi Public Security Department; not more than three for the Director of the Ho Chi Minh City Public Security Department;

dd/ Colonel:

Directors of Departments, heads of equivalent units of the General Departments and the Commands; principals of universities and officers’ schools, except those defined at Point d of this Clause;

Directors of Public Security Departments of provinces and centrally run cities, excluding the Director of the Hanoi Public Security Department and the Director of the Ho Chi Minh City Public Security Department;

Deputies to the position holders defined at Point d of this Clause;

e/ Senior Lieutenant Colonel: Section heads, chiefs of rural district, urban district, town or provincial city Public Security offices; regiment commanders;

g/ Lieutenant Colonel: Chiefs of ward or township Public Security offices; battalion commanders; heads of Public Security posts;

h/ Major: Company leaders; heads of Public Security stations;

i/ Captain: Platoon leaders;

k/ Senior Lieutenant: Squad leaders.

2. The general rank of permanent deputy director and full-time deputy directors of the Central Public Security Party Inspection Committee must comply with regulations of competent agencies.

3. Seconded People’s Public Security officers who are permanent members of the Defense and Security Committee of the National Assembly or are appointed to be general directors of general departments or equivalent positions may hold the highest rank of major general; seconded People’s Public Security officers who are Deputy Chairpersons of the Defense and Security Committee of the National Assembly or are appointed to be deputy ministers or equivalent positions may hold the highest rank of lieutenant general; seconded People’s Public Security officers who assume higher positions may be bestowed with or promoted to the general rank under regulations of competent agencies.

4. The highest rank of general for positions of officers of newly established units shall be decided by the National Assembly Standing Committee.

The highest ranks of field and company officers for the remaining officers shall be stipulated by the Minister of Public Security.

Article 25. Competence to bestow, promote, demote, strip of the ranks of officers, non-commissioned officers and men; to appoint to, remove from, dismiss and demote from, positions in the People’s Public Security Forces

1. The President shall bestow and promote the general rank for People’s Public Security officers.

2. The Prime Minister shall appoint Deputy Ministers, General Directors of General Departments, Commanders and Political Commissars of Commands in the People’s Public Security Forces.

3. The Minister of Public Security shall bestow and promote the field officer-rank; appoint deputy general directors of General Departments, deputy commanders and deputy political commissars of Commands, Department directors and deputy directors and equivalent positions and titles, directors and deputy directors of Departments of Public Security of provinces and centrally run cities, directors and deputy directors of Fire Prevention and Fighting Police Departments of provinces and centrally run cities; and stipulate the bestowal and promotion of remaining ranks and the appointment to the remaining positions or titles in the People’s Public Security Forces.

4. Persons competent to bestow and promote any rank are competent to strip of or demote that rank; only one rank may be promoted or demoted at a time, except special cases in which more than one rank may be are simultaneously promoted or demoted. Persons competent to appoint any positions are competent to remove, dismiss or demote holders of these positions.

Article 26. Procedures for rank bestowal and promotion in the People’s Public Security Forces

1. The Prime Minister shall propose the President to bestow, promote, demote or strip of the general rank.

The bestowal, promotion, demotion and stripping of the general rank of seconded People’s Public Security officers shall be made at the proposal of the agencies or organizations which they are seconded to, and of the Minister of Public Security.

2. The procedures for bestowal, promotion, demotion and stripping of the ranks of field officer, company officer, non-commissioned officer and man shall be stipulated by the Minister of Public Security.

Article 27. Transfer of People’s Public Security officers, non-commissioned officers and men

1. Persons who are competent to appoint any positions are competent to transfer the holders of these positions.

2. People’s Public Security officers, non-commissioned officers and men shall submit to the transfer by competent authorities.

Article 28. Seconding of People’s Public Security officers

1. Based on the requirements of national security protection, social order and safety maintenance or crime prevention and fighting, competent authorities shall decide to second officers to agencies and organizations outside the People’s Public Security Forces in accordance with law.

2. Seconded officers are entitled to the regimes and policies like officers working in the People’s Public Security Forces. The rank bestowal, promotion, demotion or stripping applicable to seconded officers must be the same as those applicable to officers currently working in the People’s Public Security Forces, except cases specified in Clause 3, Article 24, and Clause 1, Article 26, of this Law.

3. Agencies and organizations to which officers are seconded shall assign tasks, keep secret and ensure working and living conditions for the seconded officers in accordance with law.

Article 29. Service age limit of People’s Public Security officers

1. The highest age limit of People’s Public Security officers is prescribed as follows:

a/ Company officer: 53;

b/ Major, lieutenant colonel: male: 55, female: 53;

c/ Senior lieutenant colonel: male: 58, female: 55;

d/ Colonel: male 60, female: 55;

dd/ General rank: male: 60, female: 55.

2. If required by public security units, officers specified at Points a, b and c, Clause 1 of this Article, who are fully qualified, professionally skilled, physically fit and voluntary, may have their service ages extended in accordance with regulations of the Minister of Public Security, but not beyond 60 for men and 55 for women.

3. Officers who are professors, associate professors, doctors, senior specialists or female generals may have their service ages extended beyond 60 for men and beyond 55 for women according to regulations of the Government; in special cases, their service ages maybe extended when so required under the President’s decisions.

4. People’s Public Security officers may retire when they fully meet the conditions prescribed by law; officers who have not fully met the retirement conditions prescribed by law while the People’s Public Security Forces no longer have demand to employ them or they cannot be transferred to civilian offices or they voluntarily ask for retirement, may retire before the age limits prescribed in Clause 1 of this Article if they have served in the People’s Public Security Forces for full twenty five years, for male officers, or have served in the People’s Public Security Forces for full twenty years, for female officers.

Article 30. Obligations and responsibilities of People’s Public Security officers, noncommissioned officers and men

1. To be absolutely loyal to the Fatherland, the People, the Party and the State.

2. To 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. To be honest, brave, vigilant and ready to fight and fulfill all assigned tasks.

4. To 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. To 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. To 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, to immediately report them to the persons who have issued the orders; if still having to obey the orders, to promptly report them to the immediate superiors of the order issuers and to bear no responsibility for the consequences of the execution of such orders.

Article 31. Prohibited acts of People’s Public Security officers, non-commissioned officers and men

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 contrary to law and regulations of the People’s Public Security Forces and prohibited acts of cadres, civil servants and public employees.

Chapter V

ASSURANCE OF OPERATION OF, AND REGIMES AND POLICIES TOWARD, THE PEOPLE’S PUBLIC SECURITY FORCES

Article 32. Assurance of funds and physical foundations for operation of the People’s Public Security Forces

1. The State shall assure conditions on budget and physical foundations 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 investment, 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 achievements to serve the operation of the People’s Public Security Forces, including the transfer of technologies, results of scientific research and technological development; ensure physical and technical foundations for training and scientific research establishments of the People’s Public Security Forces; ensure information resources, databases, scientific and technological materials; and supplement, train and retrain scientific and technological staffs for activities of protecting the national security, maintaining the social order and safety, and preventing and fighting crimes.

3. With regard to weapons, supporting instruments, equipment, facilities, technical and professional equipment and vehicles to serve the operation of the People’s Public Security Forces, which are not yet manufactured at home or fail to meet the demand, 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 detail Clauses 1 and 2 of this Article.

Article 33. Equipment of weapons, supporting instruments and professional and technical equipment and vehicles of the People’s Public Security Forces

1. The People’s Public Security Forces shall be equipped by the State with weapons, explosives, supporting instruments and professional and technical equipment and vehicles suitable to their assigned tasks.

2. The State shall adopt the policy of prioritizing the application of advanced scientific and technological achievements; invest in research and manufacture of equipment, professional and technical equipment and vehicles and supporting instruments to serve activities, combat and building of the People’s Public Security Forces.

Article 34. Uniforms, Public Security insignias, banners, stripes, badges, People’s Public Security identity cards

The uniforms, Public Security insignias, banners, stripes, badges and People’s Public Security identity cards shall be stipulated by the Government.

Article 35. Policies on training and retraining for People’s Public Security officers, non-commissioned officers and men

1. People’s Public Security officers, non-commissioned officers and men shall be trained and retrained in politics, law, professional operations and skills and other necessary knowledge suitable to their assigned tasks; shall be encouraged and given conditions by the State to develop their talents to serve the People’s Public Security Forces.

2. The State shall adopt policies to prioritize the training and retraining for People’s Public Security officers, non-commissioned officers and men being ethnic minority people.

Article 36. Salaries, allowances, housing and working conditions for People’s Public Security officers, non-commissioned officers and men

1. The salary and allowance regimes shall be stipulated by the Government; 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 Forces; seniority allowances shall be calculated according their current salaries and duration of service in the People’s Public Security Forces; they are entitled to subsidies and allowances applicable to cadres and civil servants with the same working conditions and the People’s Public Security Forces’ peculiar subsidies and allowances.

2. If a People’s Public Security officer simultaneously holds different positions and titles, he/she is entitled to the benefits of the highest position and title and an allowance for holding concurrent positions and titles as prescribed by law.

3. People’s Public Security officers are entitled to the benefits of their current positions or titles when they are assigned to hold positions or titles lower than the current positions or titles due to working requirements or organizational and staff changes.

4. People’s Public Security officers who are removed from their positions or titles under decisions are entitled to the benefits of their new positions or titles.

5. People’ Public Security officers, non-commissioned officers and men 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 are entitled to housing allowances and shall be provided with official-duty lodging; People’s Public Security officers, non-commissioned officers and men are entitled to policies on social-house supports as prescribed by law.

Article 37. Healthcare for People’s Public Security officers, non-commissioned officers, men and cadets and their relatives

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 Forces or suffering diseases which cannot be treated by these medical establishments, they are entitled to free medical examination and treatment at other medical establishments and other regimes prescribed by law.

2. Parents or lawful fosterers of spouses of People’s Public Security officers, and spouses and under-18 children of People’s Public Security officers, non-commissioned officers, men and cadets, who are not covered by the health insurance regime, shall be provided with health insurance by the People’s Public Security Forces and with medical examination and treatment at medical establishments as prescribed by law.

3. The State shall ensure funds for the implementation of the provisions of Clauses 1 and 2 of this Article.

Article 38. The leave regime applicable to People’s Public Security officers, noncommissioned officers and men.

Working People’s Public Security officers, non-commissioned officers and men are entitled to leaves prescribed by the Labor Code and stipulated by the Minister of Public Security.

Article 39. Regimes and policies applicable to People’s Public Security officers, noncommissioned officers and men who retire, are transferred to civilian agencies, demobilized or leave their posts under the regime of diseased men, sacrifice their lives or pass away

1. Retired People’s Public Security officers are entitled to the following benefits:

a/ Pension calculated on the bases prescribed in Clause 1, Article 36 of this Law and in accordance with the law on social insurance;

b/ If retiring before reaching the prescribed service age prescribed in Clause 1 or 2, Article 29 of this Law due to changes in organization or payroll or no demand for arrangement or employment, in addition to the social insurance regime prescribed by the law on social insurance, they are 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 Forces;

d/ Being given conditions by local administrations of places where they reside to stabilize their lives; if having no houses, they are entitled to the social-house support policy as prescribed by law;

dd/ Enjoying the health insurance regime as prescribed by law, being entitled to medical examination and treatment according to their pre-retirement ranks, positions or titles at People’s Public Security Forces medical establishments under regulations of the Minister of Public Security.

2. People’s Public Security officers and non-commissioned officers who are transferred to civilian agencies are entitled to the following benefits:

a/ State-guaranteed necessary professional training for officers and non-commissioned officers who are transferred at the requirement of organizations;

b/ Having their salaries and seniority allowance at the time of transfer reserved for at least 18 months;

c/ Other benefits prescribed at Point c, Clause 1 of this Article;

d/ In case of being re-mobilized in the People’s Public Security Forces, the duration of working as civil servants shall be counted in the continuous working time for rank promotion consideration and working seniority;

dd/ Upon retirement, they are entitled to seniority allowances calculated based on the duration of service in the People’s Public Security Forces and their current salaries; if the current salaries are lower than the salaries at the time of transfer, the latter shall be used for pension calculation in accordance with law.

3. Demobilized officers and non-commissioned officers are entitled to the following benefits:

a/ Job-creation allowance and lump-sum allowance as stipulated by the Government;

b/ The benefits prescribed at Points c and d, Clause 1 of this Article;

c/ If they have at least full fifteen years of service in the People’s Public Security Forces, when being ill, they are entitled to medical examination and treatment at medical establishments of the People’s Public Security Forces under the regulations of the Minister of Public Security.

4. People’s Public Security officers and non-commissioned officers, who leave their posts under the regime of diseased men are entitled to the following benefits:

a/ The regime on preferential treatment of persons with meritorious service to the revolution and the social insurance regime as prescribed by law;

b/ The benefits prescribed at Points c and d, Clause 1 of this Article.

5. People’s Public Security officers and non-commissioned officers who have once been directly engaged in combat, combat service or worked in difficulty-hit areas or peculiar occupations, such duration shall be counted for enjoyment of interests when they retire from service in the People’s Public Security Forces.

6. For working People’s Public Security officers, non-commissioned officers and men who sacrifice their lives, their relatives are entitled to the law-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 a lump-sum allowance as stipulated by the Government.

7. Working People’s Public Security officers, non-commissioned officers and men who die, their relatives will enjoy the social insurance regime in accordance with law on social insurance and a lump-sum allowance as stipulated by the Government.

Article 40. Regimes and policies applicable to public security cadets, workers and service non-commissioned officers and men

1. People’s Public Security cadets are entitled to stipends and regimes and policies in accordance with law on service non-commissioned officers and men,

2. Public-security workers have the rights and obligations prescribed by the labor law and other relevant laws.

3. Service non-commissioned officers and men and their relatives are entitled to the regimes and policies prescribed for officers and men on active service in the armed forces; upon expiration of their service time, they are entitled to job training or job creation allowances and given priority in taking enrolment examinations at People’s Public Security schools, and other regimes and policies stipulated by the Government.

Chapter VI

COMMENDATION, AND HANDLING OF VIOLATIONS

Article 41. Commendation

1. People’s Public Security officers, non-commissioned officers and men and public security workers who record achievements in combat or work, shall be considered for award of orders, medals, honorable state titles or commendation in other forms in accordance with law.

2. Agencies, organizations and individuals participating in, coordinating and collaborating with, assisting the People’s Public Security Forces in national security protection, social order and safety maintenance, crime prevention and fighting shall be commended in accordance with law, depending on their exploits.

Article 42. Handling of violations

1. People’s Public Security officers, non-commissioned officers and men and public security workers who breach discipline or violate law, shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability; if causing damage to the health or lives of other persons, the property or lawful interests of agencies, organizations or individuals, they shall pay compensations therefor in accordance with law.

2. People’s Public Security officers, non-commissioned officers and men may not use the public-security insignias, stripes and badges when criminal cases are instituted against them or they are held in custody or temporary detention; if they are Imprisoned, their public security titles, stripes and badges shall naturally be stripped of when the sentences take effect.

3. Agencies, organizations or individuals that commit acts of opposing, obstructing activities of People’s Public Security officers, non-commissioned officers or men on official duty, shall be handled in accordance with law, depending on the nature and severity of their violations.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 43. Effect

1. This Law takes effect on July 1, 2015.

The provisions on bestowal, promotion, demotion, stripping of the general rank; appointment, removal from office and dismissal of position holders with the highest rank of general take effect on the date this Law is promulgated.

2. Law No. 54/2005/QH11 of November 29,2005, on the People’s Public Security Forces ceases to be effective on the date this Law takes effect.

Article 44. Transitional provisions

1. The use of weapons, explosives and supporting instruments of the People’s Public Security Forces must comply with current law until a law on weapons, explosives and supporting instruments is promulgated.

2. The functions, tasks, powers, organization and operation of, the regimes and policies applicable to, the Commune Public Security Force must comply with current law until a law on the Commune Public Security Force is promulgated.

Article 45. Detailing provision

The Government and competent agencies shall detail the articles and clauses assigned to them in this Law.

This Law was passed on November 27, 2014, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 8^th session.-

 

CHAIRMAN OF THE NATIONAL ASSEMBLY Nguyen Sinh Hung