Chương IV Luật Công an nhân dân 2014: Sĩ quan, hạ sĩ quan, chiến sĩ công an nhân dân

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.