Chương V Luật Công an nhân dân 2018: Bảo đảm điều kiện hoạt động và chế độ, chính sách đối với công an nhân dân

Chapter V

GUARANTEE OF CONDITIONS FOR OPERATIONS, REGIMES AND POLICIES OF PEOPLE’S PUBLIC SECURITY FORCE

Article 33. Guarantee of funds, physical and technical facilities for operations of the People’s Public Security Force

1. The State shall assure conditions on budget and physical facilities 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 investments, 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 potentials to serve the operations of the People’s Public Security Force, including:

a) Transfer of technologies, results of scientific research and technological development;

b) Assurance of physical and technical facilities for training and scientific research establishments of the People’s Public Security Force;

c) Guarantee of information resources, databases, scientific and technological materials;

d) Supplementation, training and education of scientific and technological personnel for activities of protecting the national security, maintaining the social order and safety, and preventing and fighting crimes and violations of law.

3. With regard to weapons, supporting instruments, equipment, facilities, technical and professional equipment and vehicles to serve the operations of the People’s Public Security Forces, which are not yet manufactured domestically or fail to meet the demands, 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 elaborate on clause 1 and 2 of this Article.

Article 34. Security industry

1. Security industry is a part of national defense and security industry, serving national security, ensuring social order and safety, preventing and combating crimes, law violations and construction of the People’s Public Security Force.

2. The State shall have particular policies and mechanisms for building and planning security industry development; invest in research, production and repair of weapons, explosives, support tools, equipment and technical facilities and other means serving the needs of performing tasks of protecting national security, ensuring social order and safety, fighting against, preventing and controlling crimes and law violations.

3. The Ministry of Public Security shall be held accountable to the Government for presiding over and cooperating with Ministries, agencies and organizations concerned in building and developing the security industry.

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

Article 35. Provision of weapons, explosives, supporting instruments, equipment, technical and other means

The People’s Public Security Force shall be equipped with weapons, explosives, supporting instruments, technical and other means appropriate for assigned duties.

Article 36. Uniforms, Public Security insignias, banners, stripes, badges, People’s Public Security identity cards

Uniforms, Public Security insignias, banners, stripes, badges, People’s Public Security identity cards shall be subject to the Government’s regulations.

Article 37. Policies on training and education of People’s Public Security officers, non-commissioned officers and conscripts

1. People’s Public Security officers, non-commissioned officers and conscripts shall be trained and educated in politics, law, professional operations and skills and other knowledge necessary for performing their assigned tasks; shall be entitled to incentives and advantages given by the State to develop their talent to serve in the People’s Public Security Force.

2. The State shall adopt policies to prioritize the training and education of People’s Public Security officers, non-commissioned officers and conscripts being ethnic minority people.

Article 38. Salaries, allowances, housing and working conditions for People’s Public Security officers, non-commissioned officers and conscripts

1. The salary and allowance regimes shall be subject to the Government’s regulations. 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 Force; seniority allowances shall be calculated according their current salaries and duration of service in the People’s Public Security Force. they shall be entitled to subsidies and allowances applicable to cadres and civil servants with the same working conditions and the People’s Public Security Force’s particular subsidies and allowances.

2. If a People’s Public Security officer simultaneously holds different positions and titles, he/she shall be entitled to the benefits of the highest position or title and allowances for holding multiple positions and titles as prescribed by law.

3. People’s Public Security officers shall be entitled to the benefits of their current positions or titles if they are assigned to hold positions or titles lower than the current positions or titles due to working requirements or organizational and staff changes in accordance with laws.

4. People’s Public Security officers who are removed from their positions or titles under decisions shall be entitled to the benefits of their new positions or titles.

5. People’ Public Security officers, non-commissioned officers and conscripts 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 shall be entitled to housing allowances and shall be provided with official-duty lodging; People’s Public Security officers, non-commissioned officers and conscripts shall be entitled to policies on social-house supports as prescribed by law.

Article 39. Healthcare for People’s Public Security officers, non-commissioned officers, conscripts, cadets, workers and relatives thereof

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 Force or suffering diseases which cannot be treated by these medical establishments, they shall be entitled to medical examination and treatment services provided by other medical establishments, coverage of their hospital charges  and other regimes prescribed by law.

2. Natural parents or lawful caretakers; natural parents or lawful caretakers of spouses; spouses; natural children or adopted children under 18 years old of People’s Public Security officers, non-commissioned officers, conscripts and cadets, who are not covered by the health insurance regime, shall be provided with health insurance policies by the People’s Public Security Force and with medical examination and treatment at medical establishments as prescribed by law.

3. Natural parents or lawful caretakers; natural parents or lawful caretakers of spouses; spouses; natural children or adopted children under 18 years old of People’s Public Security workers, who are not covered by the health insurance regime, shall be provided with health insurance policies by the People’s Public Security Force and with medical examination and treatment at medical establishments as prescribed by law.

4. The State must give adequate funds for implementation of provisions laid down in clause 1 and 2 of this Article.

Article 40. Rest regime applicable to People’s Public Security officers, noncommissioned officers and conscripts

1. People’s Public Security officers, non-commissioned officers and conscripts currently on duty shall be entitled to the rest regime prescribed by the Labor Code and regulations adopted by the Minister of Public Security.

2. Officers and non-commissioned officers serving in the People’s Public Security Force under the professional working regime, and public security workers, who are not entitled to annual leave due to their duties, shall be entitled to payments of amounts equal to salaries paid on days without taking paid leave.

Article 41. Regimes and policies applicable to People’s Public Security officers, non-commissioned officers and conscripts who retire, are transferred to other sectors, demobilized or suffer from war-related diseases, dies in the line of duty or pass away

1. The People’s Public Security officers taking retirement shall enjoy the following interests:

a) Pension calculated on the bases prescribed in clause 1 of Article 38 of this Law and in accordance with the law on social insurance;

b) If retiring before reaching the prescribed service age limit prescribed in clause 1, 2 and 3 of Article 29 of this Law due to changes in organization or payroll or no personnel demand, in addition to the social insurance regime prescribed by the law on social insurance, they shall be 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 Force;

d) Have access to life stability policies given by local administrations of places where they reside; in case of having no houses to live, they shall be entitled to the social-house support policy as prescribed by law;

dd) Enjoy the health insurance regime as prescribed by law, have access to medical examination and treatment services according to their pre-retirement ranks, positions or titles at People’s Public Security Force’s medical establishments under regulations of the Minister of Public Security.

2. The People’s Public Security officers and non-commissioned officers transferring to other sectors shall enjoy the following interests:

a) The State policies for necessary professional training for officers and non-commissioned officers who are transferred to other sectors to meet their host organizations’ demands;

b) Having their salaries and seniority allowances at the time of transfer reserved for at least 18 months;

c) Other benefits prescribed in point c of clause 1 of this Article;

d) In case of being re-mobilized in the People’s Public Security Force, the duration of working as civil servants shall be counted in the continuous working period for rank promotion consideration and the working seniority period;

dd) After taking retirement, they shall be entitled to seniority allowances calculated based on the duration of service in the People’s Public Security Force and their current salaries; if the current salaries are lower than the salaries at the time of transfer, the latter shall be used as a basis for pension calculation in accordance with law.

3. The People’s Public Security officers and non-commissioned officers who are demobilized shall enjoy the following interests:

a) Subsidies for creation of employment and lump-sum allowances under the Government's regulations;

b) Other benefits prescribed in point c and d of clause 1 of this Article;

c) If they have at least full fifteen years of service in the People’s Public Security Force, in case of suffering any disease, they shall be entitled to medical examination and treatment services provided by medical establishments of the People’s Public Security Force under the regulations of the Minister of Public Security.

4. People’s Public Security officers and non-commissioned officers, who are demobilized as sick soldiers, shall be entitled to the benefits prescribed in point c and d of clause 1 of this Article and other treatment under laws.

5. People’s Public Security officers and non-commissioned officers who used to directly engage in combat or work in difficult areas or peculiar occupations, the duration of such service shall be counted for enjoyment of interests when they retire from service in the People’s Public Security Force as per laws.

6. For People’s Public Security officers, non-commissioned officers and conscripts who die in the line of duty, their relatives shall be entitled to the legally-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 lump-sum allowances stipulated by the Government.

7. For People’s Public Security officers, non-commissioned officers and conscripts who pass away in the line of duty, their relatives shall be entitled to the social insurance regime in accordance with law on social insurance and lump-sum allowances stipulated by the Government.

Article 42. Regimes and policies applicable to public security cadets, workers, enlisted non-commissioned officers and members, and relatives of enlisted non-commissioned officers and members

1. People’s Public Security cadets shall be entitled to stipends, regimes and policies in accordance with laws on enlisted non-commissioned officers and members.

2. Public security workers shall be entitled to regimes and policies like those applied to national defence workers.

3. Enlisted non-commissioned officers and members shall be entitled to the regimes and policies like those applied to enlisted non-commissioned officers and members on active service in the people’s armed forces; upon expiration of their service period, they shall be entitled to job training or job-creation allowances and shall be given priority in taking enrolment examinations at People’s Public Security schools, and other regimes and policies stipulated by the Government.

Relatives of enlisted non-commissioned officers and members shall be entitled to regimes and policies applied to relatives of non-commissioned officers and soldiers on active service in the people’s armed forces.