Chương I Luật Công an nhân dân 2014: Những quy định chung

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.