Chương II Luật Công an nhân dân 2014: Chức năng, nhiệm vụ và quyền hạn của công an nhân dân

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.