Chương II Luật Công an nhân dân 2018: Chức năng, nhiệm vụ và quyền hạn của Công an nhân dân

Chapter II

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

Article 15. Functions of the People’s Public Security force

The People’s Public Security Force shall function to advise the Party and the State on national security protection, social order and safety maintenance and crime prevention and fighting; carry out the state management of protection of national security, maintenance of social order and safety, combat against, prevention and control of crimes and violations of laws on national security, social order and safety; prevent and combat plots and activities of hostile forces, crimes and violations of law related to national security, social order and safety.

Article 16. Tasks and powers of the People’s Public Security Force

1. Collect information, analyze, assess and forecast the situation and recommend 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, combat against, prevention and control of crimes and violations of law on national security, social order and safety; participate in appraising and assessing impacts on national security, social order and safety that may result from socio-economic development plans, proposals and projects in accordance with laws; closely combine the tasks of national security protection, social order and safety maintenance, combat against, prevention and control of crimes and violations of laws on national security, social order and safety with the tasks of socio-economic development; effectively combine security activities with national defense and external relation activities.

2. Actively prevent, detect, stop and frustrate plots and activities of infringing upon the national security, eliminating any threats to the national security; defend the national independence, sovereignty, unity and territorial integrity of the Homeland; protect the Party, the State, the People and the socialist regime; protect the political security and security in the fields of ideology, culture, economy, national defense, external relation, communication, society, environment and science and technology; safeguard other national interests; protect the national great solidarity; protect the lives, health, honor, dignity, property, freedom and democracy of citizens, and the lawful rights and interests of agencies, organizations and individuals.

3. Carry out intelligence activities in accordance with laws.

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

5. Manage the protection of national security and state secrets; preside over managing immigration, transit and stay of foreigners in Vietnam; control cross-border entry and exit of Vietnamese citizens under provisions of laws; control cross-border entry, exit and transit in accordance with  laws; cooperate with the People’s Army, concerned sectoral administrations and local authorities in the management and protection of national boundaries, bordergates, islands, territorial waters, airspace, perform the tasks of protection of national security, maintenance of social order and safety at border areas in accordance with laws and treaties to which the Socialist Republic of Vietnam is a party and other relevant international agreements.

6. Carry out the management of cybersecurity, protection of cybersecurity and prevention and control of cybercrimes in accordance with laws.

7. Manage the crime investigation, prevention and fighting. 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. Actively prevent, detect, frustrate and fight crimes and violations of law on social order and safety, and protect environment, natural resources and safety of environment-related foods; receive and settle reports and denunciations related to crimes, and recommend starting legal actions; proceed against and investigate crimes in accordance with law; carry out the crime statistics; identify causes and conditions giving rise to crimes and violations of law related to social order, safety, environmental protection and recommend remedies; provide community education for persons committing violations of law in accordance with law.

8. Manage the execution of criminal judgments, sentences of imprisonment and detention; manage prisons, detention camps, remand prisons, compulsory education establishments and reformatories; organize the execution of criminal sentences, judgements and judicial measures; perform the tasks of supervising and educating criminals under 18 years of age that are entitled to exemption from criminal responsibility; managed prisoners released from custody before the expiry of their sentence; carry out the transfer, escort, management of facilities for storage of physical evidence or exhibits, protect trials and perform other legal assistance tasks in accordance with law.

9. Administer penalties and handling of administrative violations arising in the field of national security, social order and safety; impose administrative sanctions and implement administrative actions according to law provisions; maintain security and order for execution of enforcement decisions upon the request of competent agencies.

10. Administer residency and national population database, national ID database, seals, traffic order and safety, public order, weapons, explosives, explosive precursors, supporting instruments, fire prevention and fighting, rescue and emergency response in accordance with law; issue and manage citizen identity cards and other personal identity documents; register, grant and manage license plates of road vehicles; implement the tasks of fire prevention and fighting, rescue and salvation, management of security and order in sectors and industries subject to investment and business requirements in accordance with law.

11. Preside over and cooperate in managing, executing propaganda and educational programs for protection of national security, maintenance of social order and safety maintenance, combat against, prevention and control of crimes and violations of law on national security, social order and safety; guide, inspect, audit and settle complaints and denunciations, and handle violations arising from protection of the national security, maintenance of the social order and safety, and combat against, prevention and control of crimes and violations of laws on national security, social order and safety.

12. Act as the core force in building the people’s security system and the people’s security posture, and building all-people movements of protection of the Homeland’s security. Provide agencies and organizations with guidelines for protecting the internal political security, economic, ideological-cultural security, cybersecurity, information and communication security, social security and environmental security.

13. Provide operational guidance and training and legal knowledge training for mass organizations participating in protection of security and order at the grassroots level, neighborhood protection, people’s defence forces, office and enterprise protection forces in accordance with law.

14. Apply mass mobilization, legal, diplomatic, economic, scientific - technical, operational, armed measures to protect national security, maintain social order and safety, combat, prevent and control crimes and violations of laws on national security, social order and safety.

15. Use weapons, explosives, supporting instruments, force, technical and other means to attack and pursue criminals, stop persons who are committing crimes or other illegal acts, and perform legitimate acts of self-defense in accordance with law.

16. Decide or petition for the termination and temporary suspension 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; request agencies, organizations and individuals to provide information, documents and objects when there are grounds to determine that they are involved in activities of infringing upon national security, social order and safety in accordance with law. Lawfully mobilize and appropriate communication equipment, vehicles, other means and users or operators thereof in case of urgent actions that need to be taken to protect the national security, social order and safety, or prevent any existing or potential damage to society.

17. Implement measures for national security protection, social order and safety maintenance in case of war, emergence or potential risk to national security, social order and safety not to the extent that the state of emergency needs to be declared.

18. Manage and develop the security industry; study, apply and marshal scientific, technological and engineering achievements to be used in the national security protection, social order and safety maintenance, prevention and combat of crimes and violations of laws on national security, social order and safety and building of the People's Public Security Force. 

19. Develop the People’s Public Security Force towards a revolutionary, formal, elite, gradually modern force with preference in modernization given to its affiliates; pay its key roles in performing duties to protect national security and maintain social order and safety, and fight for prevention and control of crimes or violations of law on national security, order or social safety.

20. Perform international obligations; implement international cooperation in fighting for the prevention and control of crimes, national security protection, social order and safety maintenance, and building the People's Public Security Force; render mutual legal assistance in criminal matters according to the provisions of law. The Ministry of Public Security shall be the central body representing the Socialist Republic of Vietnam in carrying out expatriation and transfer of prisoners.

21. Implement other duties and powers as stipulated by law.