Luật Công an nhân dân sửa đổi 2023 số 21/2023/QH15

LAW

On AMENDMENTS TO CERTAIN ARTICLES OF THE LAW ON THE PEOPLE’S PUBLIC SECURITY FORCE

Pursuant to Constitution of the Socialist Republic of Vietnam;

National Assembly promulgates a Law on amendments to certain Articles of Law on the People’s Public Security Force No. 37/2018/QH14.

Article 1. Amendments to certain Articles of the Law on the People’s Public Security Force

1. Amendments to Clause 4 of Article 22:

“4. An commissioned officer to be eligible for consideration of rank promotion from colonel to major general shall have at least 03 years to the date on which his/her service term is up; may be less than 03 years of service in case of being requested under the State President’s decision.”.

2. Addition of Clause 4 to after Clause 3 of Article 23:

“4. The Government shall specify criteria and standards prescribed in Clause 1 of this Article for consideration of general rank promotion ahead of time. The Minister of Public Security shall specify criteria and standards prescribed in Clause 1 and Clause 2 of this Article for consideration of rank promotion ahead of time and rank promotion beyond the prescribed rank for the rank of colonel or lower.”.

3. Amendments to certain points and Clauses of Article 25:

a) Amendments to Point b Clause 1:

“b) As for Senior Lieutenant General rank, the maximum number shall be 07, including:

Deputy Minister of Public Security. The maximum number shall be 06;

People's Public Security officer on secondment elected to hold the post of Chairman of the National Assembly's Defense and Security Committee.”;

b) Amendments to Point d Clause 1:

“d) As for the Major General rank, the maximum number shall be 162, 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 central-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 each of the 17 units and the maximum number of 03 position holders in the rest of units;

Vice Directors of Departments and equivalent position holders of units directly controlled by the Ministry of Public Security as specified in this Article. There shall be 01 position holder in each of the 02 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;”;

c) Amendments to Point e Clause 1:

“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, provincial city or central-affiliated city; Regiment Head, unless otherwise prescribed in Clause 4 of this Article;”;

d) Amendments to Clause 2:

“2. National Assembly Standing Committee shall elaborate on positions with the highest ranks, including Lieutenant General or Major General, which are not specified herein; prescribe general ranks for positions and titles of commissioned officers serving in new units with the maximum number under competent authorities' decisions.”;

dd) Amendments to Clause 4:

“4. Heads of Divisions and equivalent in units affiliated to the Ministry of Public Security have functions and duties to directly get involved in fighting, counseling, research and giving professional or technical guidance in the entire force; Regiment Heads in units affiliated to the Ministry of Public Security, the Hanoi Public Security Department and the Ho Chi Minh City Public Security Department; the Heads of the counseling and technical department, organization and personnel department, Party and political work department, the Heads of the District/city Police Departments 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.”.

4. Amendments to Clause 2 Article 29:

“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 at points b, c and d of clause 1 and Clause 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.”.

5. Amendments to certain Clauses of Article 30:

a) Amendments to Clause 1 and addition of Clause 1a to after Clause 1:

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

a) Non-commissioned officers: 47;

b) Company-grade officers: 55;

c) Major and Lieutenant-Colonel: Male: 57; Female: 55;

d) Senior Lieutenant Colonel: Male: 60; Female: 58;

dd) Colonel: Male: 62; Female: 60;

e) General-grade officers: Male: 62; Female: 60.

1a. Permissible age limits of male commissioned officers prescribed at points dd and e, and female commissioned officers prescribed at points d and dd Clause 1 of this Article shall be implemented according to the roadmap to retirement age for workers according to the Labor Code.

The Government of Vietnam shall elaborate this Clause.”;

b) Amendments to Clause 3 and Clause 4:

“3. Based on the demands of police units, if the commissioned officers prescribed at points b, c and d 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 62 for males and 60 for females.

The service age of commissioned officers prescribed in Clause 1 of this Article may be extended to more than 62 for males and more than 60 for females in special cases under competent authorities' decisions.

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 62 years of age for males and over 60 years of age for females according to the Government's regulations.”

6. Amendments to Clause 2 of Article 42:

“2. Permissible age limits of public security workers shall be 62 for males and 60 for females, and be applied according to the roadmap to retirement age for workers in accordance with the Labor Code. Public security workers shall be entitled to regimes and policies like those applied to national defense workers.

The Government of Vietnam shall elaborate this Clause.”.

Article 2. Entry into force

This Law comes into force from August 15, 2023.

This Law was passed in the 5^th plenary session of the XV^th National Assembly of the Socialist Republic of Vietnam held on June 22, 2023.