Chương IV Luật Công an nhân dân 2018: Sĩ quan, hạ sĩ quan, chiến sĩ công an nhân dân

Chapter IV

OFFICERS, NON-COMMISSIONED OFFICERS AND CONSCRIPTS OF THE PEOPLE’S PUBLIC SECURITY FORCE

Article 20. Classification and placement of officers, non-commissioned officers and conscripts of the People’s Public Security Force

1. Based on the nature of their duties, they shall be classified into the followings:

a) Operation officers and non-commissioned officers;

b) Technical officers and non-commissioned officers;

c) Non-commissioned officers and conscripts.

2. The Minister of Public Security shall elaborate on the classification and placement of officers, non-commissioned officers and conscripts of the People’s Public Security Force based on the nature of their duties.

Article 21. System of ranks and grades of officers, non-commissioned officers and conscripts of the People’s Public Security Force

1. Operation officers and non-commissioned officers:

a) General officers subdivided into 04 grades:

General;

Senior Lieutenant General;

Lieutenant General;

Major General;

b) Field officers subdivided into 04 grades:

Colonel;

Senior Lieutenant Colonel;

Lieutenant Colonel;

Major;

c) Company officers subdivided into 04 grades:

Captain;

Senior Lieutenant Captain;

Lieutenant;

Second Lieutenant;

d) Non-commissioned officers subdivided into 03 grades:

Sergeant major;

Sergeant;

Corporal.

2. Technical officers and non-commissioned officers:

a) Field officers subdivided into 03 grades:

Senior Lieutenant Colonel;

Lieutenant Colonel;

Major;

b) Company officers subdivided into 04 grades:

Captain;

Senior Lieutenant Captain;

Lieutenant;

Second Lieutenant;

c) Non-commissioned officers subdivided into 03 grades:

Sergeant major;

Sergeant;

Corporal.

3. Enlisted non-commissioned officers and members:

a) Enlisted non-commissioned officers subdivided into 03 grades:

Sergeant major;

Sergeant;

Corporal;

b) Conscripts subdivided into 02 grades:

First-class private;

Private.

Article 22. Candidates, conditions and time limits for consideration of bestowal and promotion of ranks and grades of officers, non-commissioned officers and conscripts in the People's Public Security Force

1. Candidates eligible for consideration of bestowal of ranks and grades:

a) After graduation, cadets offered stipends for their study in People’s Public Security education establishments shall be entitled to the bestowal of the following ranks and grades:

Cadets holding bachelor degrees may hold the rank of second lieutenant; <0}

Cadets holding associate degrees may hold the rank of sergeant;

Cadets attaining excellent outcomes upon graduation may be granted the rank which is one grade higher than the one that other cadets usually hold; 

b) Cadres, civil servants or graduates from higher education establishments and vocational education establishments who are recruited into the People’s Public Security Force, shall be entitled to the bestowal of ranks corresponding to their respective training qualifications, working seniority, assigned tasks and salary grades;

c) Conscripts shall be initially granted the rank of the private.

2. Conditions for rank promotion consideration:

People’s Public Security officers, non-commissioned officers and conscripts may get rank promotion if they satisfy the following conditions:

a) Fulfilling their tasks, fully meeting political, moral quality, professional qualification and health criteria;

b) Their current ranks are lower than the highest ranks as provided by regulations on the positions and titles they are holding;

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 officers and non-commissioned officers:

Promotion from Corporal to Sergeant: 01 year;

Promotion from Sergeant to Sergeant Major: 01 year;

Promotion from Sergeant Major to Second Lieutenant: 02 years;

Promotion from Second Lieutenant to Lieutenant: 02 years;

Promotion from Lieutenant to Senior Lieutenant: 03 years;

Promotion from Senior Lieutenant to Captain:  03 years;

Promotion from Captain to Major: 04 years;

Promotion from Major to Lieutenant Colonel: 04 years;

Promotion from Lieutenant Colonel to Senior Lieutenant Colonel: 04 years;

Promotion from Senior Lieutenant Colonel to Colonel: 04 years;

Promotion from Colonel to Major General: 04 years;

The minimum time limit for consideration of promotion of each general rank shall be 4 years;

b) The Minister of Public Security shall adopt regulations on consideration of promotion of pay grades and ranks of technical officers or non-commissioned officers corresponding to pay rates specified in the pay chart of technical personnel promulgated by the Government; 

c) The Minister of Public Security shall regulate the time limits for consideration of promotion of enlisted non-commissioned officer and member ranks;

d) The period during which officers, non-commissioned officers and servicemen study at educational establishments shall be counted into the rank promotion consideration time limit; as for officers or non-commissioned officers or members who are demoted, if they make progress within one year after their demotion, they may be considered rank promotion.

4. The maximum age of an officer to be eligible for consideration of rank promotion from colonel to major general shall be 57; may be higher in case of being requested under the State President’s decision.

Article 23. Rank promotion ahead of time and rank promotion beyond the prescribed rank

1. People’s Public Security officers, non-commissioned officers or servicemen 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 rank 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 prevention and fighting of crimes and violations of laws, 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 rank promotion beyond the prescribed rank, but not beyond the highest ranks prescribed for the positions or titles they are holding.

3. The State President shall decide on the rank 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 promotion ahead of time and rank promotion beyond the prescribed rank for the rank of colonel or lower.

Article 24. Positions and titles of People’s Public Security officers

1. Basic positions of officers shall include:

a) The Minister of Public Security;

b) Department Director, Commander;

c) Director of the Department of Public Security of a province and centrally run city;

d) Head of a People’s Public Security Division; Head of a People’s Public Security Office of a rural district, urban district, town or provincial city; Regiment Head;

dd) Leader of a People’s Public Security team; Head of a People's Public Security Office; Battalion Head;

e) Company Leader;

g) Platoon Leader;

h) Squad Leader.

2. Positions equivalent to those specified in points b, c, d, dd, e, g and h of clause 1 of this Article and the rest of positions or titles in the People’s Public Security Force shall be subject to regulations adopted by the Minister of Public Security.

3. Professional titles and qualifications of professional titles of officers of the People’s Public Security Force shall be regulated by the Minister of Public Security under provisions of laws.

Article 25. Highest ranks in positions and titles of People’s Public Security officers

1. Highest ranks in positions and titles of People’s Public Security officers shall be subject to the following regulations:

a) General rank: Minister of Public Security; 

b) Senior Lieutenant General rank: Deputy Minister of Public Security. The maximum number shall be 06;

c) As for the Lieutenant General rank, the maximum number shall be 35, including:

The Director, the Commander and the equivalent of the affiliate directly controlled by the Ministry of Public Security that has one of the following criteria: having the functions and tasks of giving strategic counsels, coordinating with the ministries, branches and localities; having a vertically-arrange organization structure of the People’s Public Security Force, operating on a nationwide scale, directly leading or cooperating in implementing national security protection tasks, maintaining social order and safety, and fighting, preventing and controlling crimes; having the function of professionally researching, guiding and managing the entire force;

The Standing Vice Chairman of the Inspection Commission of the Central Public Security Party Committee;

Director of the Political Academy of the People’s Public Security Force, Director of the People’s Public Security Academy, Director of the People's Police Academy;

Director of the Department of Public Security of Hanoi and Director of the Department of Public Security of Ho Chi Minh city;

People's Public Security officer on secondment approved to hold the post of Deputy Chairman of the National Assembly's Defense and Security Committee or appointed as a Deputy Minister or equivalent;

d) As for the Major General rank, the maximum number shall be 157, including:

Directors of units directly controlled by the Ministry of Public Security and equivalent positions and titles, except for the case specified at point c of clause 1 of this Article;

Directors of Departments of Public Security of provinces and centrally-affiliated cities located at localities classified as a first-class provincial administrative unit and areas which are important, complicated in terms of security, order, cover a wide or densely-populated area. The maximum number shall be 11;

Vice Chairman of the Inspection Commission of the Central Public Security Party Committee. The maximum number shall be 03;

Vice Directors of Departments or Deputy Commander and equivalent position holders of units directly controlled by the Ministry of Public Security as specified at point c of clause 1 of this Article. There shall be the maximum number of 04 position holders in 17 units and the maximum number of 03 position holders in the rest of units;

Vice Directors of Department of Public Security of Hanoi and Vice Directors of Department of Public Security of Ho Chi Minh city. The maximum number of position holders in each unit shall be 03;

People's Public Security officer on secondment approved to hold the post of Standing Member of the National Assembly's Defense and Security Committee or appointed as a Deputy Director of General Department or equivalent;

dd) Colonel rank: Director of the Public Security Department of a province or centrally-affiliated city, except for the cases specified at points c and d of this clause; Director of the hospital directly affiliated to the Ministry; Principals of People’s Public Security post-secondary schools;

e) Senior Lieutenant Colonel rank: Head of a People’s Public Security Division or equivalent; Head of a People’s Public Security Division of a rural district, urban district, town or provincial city; Regiment Head;

g) Lieutenant Colonel rank: Leader of a People’s Public Security team or equivalent; Head of a People's Public Security Office of commune, ward, town; Battalion Head;

h) Major rank: Company Head;

i) Captain: Platoon Head;

k) Senior Lieutenant: Squad Head.

2. National Assembly Standing Committee shall elaborate on positions and titles with the highest ranks, including Lieutenant General or Major General, which are not specified herein.

3. Seconded People's Police officers have higher positions than those specified at point c of clause 1 of this Article, and other special cases of bestowal and promotion of General ranks, shall be decided by competent authorities.

4. Heads of Divisions and equivalent in units of the Ministry's agencies have functions and duties to directly get involved in fighting, counseling, research and giving professional or technical guidance in the entire force; the head of the counseling and technical department, the head of the District Police Department of the Hanoi Public Security Department and the Ho Chi Minh City Public Security Department shall have the highest rank which is one grade higher than the rank prescribed at point e of clause 1 of this Article.

5. The Minister of Public Security shall adopt regulations on highest ranks, maybe including field or company ranks, of the rest of officers holding positions and titles in the People’s Public Security Force.

Article 26. Authority over grant, promotion, demotion, deprivation of ranks and pay raise for officers, non-commissioned officers and conscripts; appointment, dismissal and demotion of positions; appointment and dismissal of titles in the People's Police

1. The State President shall be accorded authority to grant and promotion of general ranks of the People’s Public Security officers.

2. The Prime Minister shall be accorded authority to appoint the Deputy Minister of Public Security; decide to raise the salary of the rank of General and Senior Lieutenant General.

3. The Minister of Public Security shall be accorded authority to decide to raise the salary of the rank of Lieutenant General and Major General; decide to grant, promote and raise pay rates for ranks, appoint other positions and titles in the People’s Public Security Force.

4. If a person is accorded authority to grant and promote a rank, he/she shall have the authority to demote and deprive such rank; Each time, he/she shall be only allowed to promote or demote 01 rank, except for special cases in which consideration of promotion or demotion of many ranks is allowed. If a person is accorded authority to appoint a position, he/she shall have authority to dismiss, deprive or demote such position. If a person is accorded authority to appoint a title, he/she shall have authority to dismiss such title.

Article 27. Procedures for grant, promotion, demotion and deprivation of ranks in the People’s Public Security Force

1. The Prime Minister shall appeal to the State President to grant, promote, demote and deprive the general rank.

Grant, promotion, demotion or deprivation of the general ranks of seconded officers in the People’s Public Security Force shall be subject to requests of receiving entities or organizations, and the Minister of Public Security.

2. The Minister of Public Security shall adopt regulations on procedures for grant, promotion, demotion and deprivation of ranks of field or company officers, non-commissioned officers or conscripts.

Article 28. Transfer of officers, non-commissioned officers and conscripts of the People’s Public Security Force

1. If a person is accorded authority to appoint a position, he/she shall have authority to transfer the person holding that position.

2. Officers, non-commissioned officers and conscripts of the People’s Public Security Force shall submit to the transfer demanded by the competent authority.

Article 29. Secondment of the People’s Public Security officers

1. Based on the requirements of national security protection, social order and safety maintenance or prevention and fighting of crimes and violations of law, competent authorities shall decide to second People’s Public Security officers to external agencies and organizations in accordance with law.

2. Seconded officers shall be entitled to the regimes and policies like officers working in the People’s Public Security Force. The rank bestowal, promotion, demotion or deprivation applicable to seconded officers must be the same as those applicable to officers currently working in the People’s Public Security Force, except cases specified in point c and d of clause 1 and 3 of Article 25, and clause 1 of Article 27, in this Law.

After accomplishing duties, the People’s Public Security’s seconded officers may be considered to hold positions equivalent to those that they have held during secondment period; shall be entitled to all benefits and interests relating to positions held during the secondment period.

3. Receiving entities or organizations shall have responsibility to assign tasks, keep information confidential and ensure provision of adequate working and living conditions for seconded officers in accordance with laws.

4. The Government shall issue specific provisions of this Article.

Article 30. Permissible age limits of non-commissioned officers and officers of the People's Public Security Force

1. The permissible maximum age limits of non-commissioned officers and officers of the People's Public Security Force shall be subject to the following regulations:

a) Non-commissioned officers: 45;

b) Company-grade officers: 53;

c) Major and Lieutenant-Colonel: Male: 55; Female: 53;

d) Senior Lieutenant Colonel: Male: 58; Female: 55;

dd) Colonel:  Male: 60; Female: 55;

e) General-grade officers:  60.

2. Permissible age limits of officers holding positions or titles in the People’s Public Security Force shall be subject to regulations adopted by the Minister of Public Security, but shall be restricted to the maximum age limit specified in clause 1 of this Article, except cases specified in clause 4 of this Article.

3. Based on the demands of police units, if the officers prescribed at point b and c and male officers prescribed at point d of clause 1 of this Article meet all professional quality, expertise and health requirements and of their own free will, they may be entitled to extension of their service age according to the regulations of the Minister of Public Security, but not more than 60 for men and 55 for women.

4. People's Public Security officers, who are professors, associate professors, doctors and senior experts, may be granted an extension of service age to more than 60 years of age for men and over 55 years of age for women according to the Government's regulations.

5. People's Public Security officers may retire when they fully meet the conditions prescribed by law; In cases where they are not eligible to retire according to the provisions of law, the People's Public Security Force no longer needs them or they fails to transfer to other sectors or they voluntarily apply for discharge from the force, and if male officers have 25 years of service and female officers have 20 years of service rendered in the People's Public Security Force, they may retire before the age limits prescribed in Clause 1 of this Article.

Article 31. Obligations and responsibilities of officers and non-commissioned officers of the People’s Public Security Force

1. Show absolute loyalty to the Homeland, People and Communist Party and State.

2. 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. Be honest, brave, vigilant and ready to fight and fulfill all assigned tasks.

4. 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. 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. 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, immediately report them to the persons who have issued the orders; if still having to obey the orders, bear no responsibility for the consequences of the execution of such orders.

Article 32. Prohibited acts of officers, non-commissioned officers and conscripts of the People’s Public Security Force

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 in contravention of law and regulations of the People’s Public Security Force and prohibited acts of cadres, civil servants and public employees prescribed by laws.