Chương V Luật Công an nhân dân 2014: Bảo đảm hoạt động và chế độ, chính sách đối với công an nhân dân

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.