Chương 2 Nghị định 38/2006/NĐ-CP về việc bảo vệ dân phố: Nhiệm vụ, quyền hạn, tổ chức và lề lối làm việc của bảo vệ dân phố

Chapter II

TASKS, POWERS, ORGANIZATION AND WORKING STYLE OF STREET CIVIL GUARD

Article 5.- Tasks of the Street Civil Guard

1. To grasp the security and order situation, detect cases of contradictions or disputes among people, cases of administrative violations, social order and safety breaches in localities; report such to police offices and ward People's Committees, take preventive measures; to participate in reconciliation and timely solution thereof without letting bad consequences to occur.

2. To disseminate and propagate the heightening of the sense of vigilance against, and prevention of, social vices and acts of violating law on security and order with a view to mobilizing people in wards to voluntarily abide by the undertakings and policies of the Party, laws of the State as well as rules, conventions and regulations on security and order protection; to participate in building wards, population groups, households safe in terms of security and order and free from crimes and social evils.

3. To urge and call the attention of people in wards to observe legal provisions on registration and management of inhabitants and households; on the use and management of people's identity cards and other personal papers; the regulations on registration of conditional business lines related to security and order; the management of weapons and explosives, support tools; to participate in the maintenance of public order, traffic order and safety, fire prevention and fighting safety.

4. To mobilize people to participate in reforming, educating, assisting and managing persons who have completely serving their imprisonment penalties or decisions on sending them to reformatories, education camps, medical treatment establishments or detoxication centers, juvenile delinquents and persons who are serving the penalty of non-custodial reform. To coordinate with agencies or organizations assigned the responsibility to manage, educate and assist subjects being placed under management and education in localities. To mobilize and persuade relatives of subjects who are being hunted for, shirk serving their sentences or criminals being at large to ask the latter to give themselves up.

5. Upon occurrence of complicated cases related to security or order in localities, to be present at the scenes in time and seek ways to notify the ward police offices thereof; to protect the scenes, participate in giving first-aids to victims, releasing and saving hostages, arresting red-handed offenders, participate in fire fighting, rescue and perform other tasks under the assignment and guidance of the ward People's Committees and police offices.

6. To coordinate with civil defense forces and specialized security forces of agencies, units, enterprises stationing in localities in protecting security and order under the direction of the ward People's Committees and police offices. To organize patrols and participate in activities of preventing, detecting and fighting crimes, social vices and other violations of social order and security under the provisions of law.

Article 6.- Powers of the Street Civil Guard

1. To arrest, dispossess dangerous weapons of, and escort red-handed offenders, persons who are being hunted for or shirk serving their imprisonment sentences to ward police offices according to provisions of law.

2. To request persons who are committing acts of disturbing the public order, construction order, traffic safety and order or violations of the regulation on fire and explosion safety and persons who violate other regulations on social order and safety to immediately stop their violation acts and report thereon to the ward People's Committees and police offices for handling measures under the provisions of law.

3. To join the police forces or functional forces in pursuing and arresting offenders, persons who are being hunted for or shirk serving their sentences; to examine temporary residence, temporary absence; check people's identity cards or other personal papers of temporary residents, suspects arriving in street areas under management.

Article 7.- Organization of the Street Civil Guard

1. Each population group may set up a Street Civil Guard team. The team leader and members shall be elected by representatives of the households in such population group. Depending on the characteristics and the number of inhabitants in the area, each Street Civil Guard team consists of between 3 and 7 members.

2. Each ward may set up a Street Civil Guard Board which is composed of the head, deputy-heads and members. The Board members shall be leaders of the Street Civil Guard teams in population groups. The Board's head and deputy-heads shall be elected through ballots by the Board members.

3. The ward police chiefs shall have to organize the election of the heads, deputy-heads of the Street Civil Guard Boards, the leaders and members of the Street Civil Guard teams and propose the ward People's Committees to decide on the recognition of such titles.

Based on the election results of the Street Civil Guard Boards and the proposals of the ward police chiefs, the presidents of ward People's Committees shall issue decisions to set up the Street Civil Guard Boards, recognize the heads, deputy-heads and members of the Boards, the leaders and members of the Street Civil Guard teams.

4. The working term of a Street Civil Guard Board shall be 5 years. During the working term of the Street Civil Guard Boards, the change, removal from office, addition of titles of the Street Civil Guard Boards shall be carried out as follows:

a/ If the position of head, deputy-head of a Street Civil Guard Board, leader or member of a Street Civil Guard team is left vacant (due to his/her death, poor health or application for resignation), additional election of people to such position shall be organized according to the general procedures provided for in Clause 2 of this Article;

b/ If a head, deputy-head of a Street Civil Guard Board fails to fulfill his/her tasks, is no longer trusted by the Board collective and people or violates disciplines or law, the ward police chief shall report thereon to, and propose the ward People's Committee president to hold a Board meeting for gathering opinions on removal of such person from office and carrying out procedures for election of replacement;

c/ Leaders and members of Street Civil Guard teams, who fail to fulfill their tasks, are no longer trusted by people or violate disciplines or law, the heads of the concerned Street Civil Guard Boards shall report thereon to, and propose the ward police chiefs to organize meetings of representatives of households in population groups where such persons were elected to gather opinions on removal them from office and elect other persons to replace them.

d/ The recognition and removal from office heads, deputy-heads, team leaders and members of Street Civil Guard Boards shall be decided in writing by presidents of ward People's Committees.

Article 8.- Conditions and criteria of the Street Civil Guard members

1. Being Vietnamese citizens aged full 18 years or older, permanently residing in localities.

Having clear backgrounds; they and their families are exemplary in observing the undertakings and policies of the Party, laws of the State.

2. Having good health, conditions and zeal and voluntarily participating in social activities; being knowledgeable about laws and being professionally trained in security and order protection.

3. Having no previous convictions or criminal records; being other than persons serving suspended sentence, criminal probation or serving other administratively handling measures.

4. Having good relations with people, being trusted by people, recommended and elected by people in their respective population groups.

Article 9.- Working styles of the Street Civil Guard

1. Heads of the Street Civil Guard Boards shall have the responsibility to manage the organization and administration of the Boards' activities, regularly report on results of activities of the Boards to the ward People's Committees and police offices.

a/ Deputy-heads of the Street Civil Guard Boards shall assist their heads and perform their assigned tasks, replace their heads in directing and administering the Boards' activities when so authorized by their heads.

b/ Members of the Street Civil Guard Boards shall submit to the direct leadership and management of the Boards' heads and deputy-heads and have the responsibility to materialize the undertakings, measures and working plans of the Street Civil Guard in population groups in their respective charge and perform other tasks on security and order, which are assigned by heads, deputy-heads of the Street Civil Guard Boards.

2. The Street Civil Guard Boards shall hold their regular meetings once a month (excluding extraordinary meetings) to review their activities and discuss the working programs in the subsequent month.

3. While performing their tasks, the Street Civil Guard members must wear their title bands and nameplates according to regulations.

Article 10.- The working relationships of the Street Civil Guard

1. The Street Civil Guard shall submit to the leadership, administration and organizational management and general working direction of the ward Party Committees and People's Committees.

2. The Street Civil Guard shall submit to the professional direction and guidance on security and order protection of the ward police offices and coordinate with the latter in maintaining security and order.

3. The Street Civil Guard shall coordinate with self- defense, militia, civil defense forces, mass organizations and specialized security forces of agencies, units, organizations and enterprises stationing in localities in performing the tasks of protecting security and order in localities under the direction of the ward Party Committees and People's Committees.