Chương I Luật Công an nhân dân 2018: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for the principles of organization and operation; positions, functions, duties and powers; assurance of operational conditions, regimes and policies for the People's Public Security Force; responsibilities of relevant entities and persons.

Article 2. Definition

For the purposes of this Law, terms used herein shall be construed as follows:

1. National security protection means preventing, detecting, controlling and fighting the infringement upon national security, and eliminating the threat of national security.

2. Guarantee of social order and safety means preventing, detecting, controlling and combating crimes and violations of law on social order and safety.

3. Operational officer or non-commissioned officer means a Vietnamese citizen who is recruited, trained, coached and works in different operation fields of the People’s Public Security Force, and is bestowed and promoted to the rank of general, field officer, company officer or non-commissioned officer.

4. Specialist and technical officer or non-commissioned officer means a Vietnamese citizen who is recruited, works in different technical fields of the People’s Public Security Force, and is bestowed and promoted to the rank of field officer, company officer or non-commissioned officer.

5. Non-commissioned officer or conscript means a Vietnamese citizen who is conscripted to join the People’s Public Security Force, is bestowed and promoted to the rank of sergeant-major, sergeant, corporal, first-class private or private.

6. Public security worker means a Vietnamese citizen who has professional and technical qualifications, is recruited to the People’s Public Security Force but is not permissible to be bestowed to the rank of officer, non-commissioned officer or serviceman.

Article 3. Position of the People’s Public Security Force

The People’s Public Security Force shall be designated as the core of the people’s armed forces 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.

Article 4. Principles of organization and operation of the People’s Public Security Force

1. Be put under the ultimate and direct leadership of the Communist Party of Vietnam in all aspects, the domination of the State President, the unified State management of the Government and the direct command and administration of the Minister of Public Security.

2. Be organized in a centralized and uniform manner and according to the administrative hierarchy from the central to grassroots levels.

3. Abide by the Constitution and law; the subordinates shall submit to the superiors; they shall rely on the People and be subject to the supervision by the People; protect the interests of the State, and the lawful rights and interests of organizations and individuals.

Article 5. Building of the People’s Public Security Force

1. The State shall build People’s Public Security Force to become revolutionary, regular, elite and gradually modernized; prioritize the modernization of certain forces.

2. Entities and citizens shall be held responsible for getting involved in building the immaculate and powerful People's Public Security Force.

Article 6. Traditional day of the People’s Public Security Force

The 19^th day of August every year shall be selected as the annual traditional day of the People's Public Security Force and the All-people National Defense's Day.

Article 7. Recruitment of citizens into the People’s Public Security Force

1. Citizens who fully meet the criteria on political and moral qualities, educational level and health, reach legitimate age and have proper aptitudes for public-security activities, have aspirations to join the People’s Public Security Force may be recruited into the People’s Public Security Force upon the demand of the People’s Public Security Force.

2. The People’s Public Security Force shall be given priority in recruiting outstanding cadets graduating from higher education establishments and vocational training centers who are fully eligible to be trained to join the People’s Public Security Force.

3. The Minister of Public Security shall provide specific provisions of this Article.

Article 8. Obligation to join the People’s Public Security Force

1. A citizen’s fulfillment of the obligation to join the People’s Public Security Force means that he/she has performed their obligation to defend the Fatherland during his/her service in the people’s armed force. Annually, the People’s Public Security Force may recruit citizens within age for service into the People’s Public Security Force for a period of 24 months. The Minister of Public Security shall be accorded authority to extend the period of service of non-commissioned officers and conscripts to no more than 06 months in the following cases:

a) Extension of the period of service serves the purpose of being ready to fight;

b) Extension of the period of service may be granted if they are performing natural disaster or epidemic prevention and control or rescue tasks.  

2. The procedures for recruitment of eligible citizens into the People’s Public Security shall be similar to the procedures for recruitment of citizens eligible to perform active military duty.

3. The Government shall elaborate on clause 2 of this Article.

Article 9. Service regimes applicable to officers, non-commissioned officers and conscripts of the People’s Public Security Force and public-security workers

1. People’s Public Security officers shall serve under the professional regime; noncommissioned officers and conscripts shall serve under the professional regime or service regime; public-security workers shall serve under the recruitment regime.

2. After being discharged from the People’s Public Security Force, persons who have served in the People’s Public Security Force shall perform military duty as holders of reserve titles as per law.

Article 10. Supervision of activities of the People’s Public Security Force

1. The National Assembly, National Assembly’s Standing Committee, Ethnic Council, delegations of National Assembly deputies, National Assembly deputies, People’s Councils and People’s Council’s Standing Committees, People’s Council’s Committees, delegations of People’s Council’s deputies and People’s Council’s deputies shall, within the scope of their respective tasks and powers, supervise the activities of the People’s Public Security Force.

2. The Vietnam Fatherland Front and its member organizations shall, within their duties and powers, propagate and mobilize people from all social strata to participate in the “All People Protect the National Security” movement, cooperate and collaborate with and assist the People’s Public Security Force in performing their tasks and building the People’s Public Security Force, and supervising the implementation of the law on the People’s Public Security.

Article 11. Coordination between the People’s Army, the Militia and Self-Defense Force and the People’s Public Security Force

The People’s Army and the Militia and Self-Defense Force shall closely cooperate with the People’s Public Security Force in protecting the national security, maintaining the social order and safety, preventing, controlling and fighting crimes or violations of law on national security, social order and safety, and building the People’s Public Security Force.

The Government shall issue specific provisions of this Article.

Article 12. Responsibilities of the Government, ministries and central administrations for protection of national security protection, maintenance of social order and safety, combat against, prevention and control of crimes and violations of laws and building of the People’s Public Security Force

1. The Government shall be responsible for carrying out the uniform state management of protection of national security, maintenance of social order and safety, combat against, prevention and control of crimes and violations of law, and construction of the People's Public Security Force; implementing its duties and powers under the provisions of the Constitution and relevant laws.

2. The Ministry of Public Security shall be held accountable to the Government for the state management of protection of national security, maintenance of social order and safety, combat against, prevention and control of crimes and violations of law, and construction of the People's Public Security Force.

3. Ministries and central administrations shall, within their duties and powers, assume responsibility to cooperate with the Ministry of Public Security in the state management of protection of national security, maintenance of social order and safety, combat against, prevention and control of crimes and violations of law, and construction of the People's Public Security Force, and implement the following duties and powers:

a) Promulgate or submit to competent authorities for promulgation of legislative documents, directives and instructional documents on the implementation of tasks prescribed in this Law and other relevant law provisions;

b) Cooperate with the Ministry of Public Security in organizing the implementation of state strategies, planning schemes, plans, national target programs, security and order proposals according to their assigned tasks;

c) Preside over and cooperate with the Ministry of Public Security and the concerned agencies and organizations in closely connect socio-economic, defense and foreign relation development tasks with security ones in the process of developing and implementing planning schemes, plans, national target programs and projects in the industries and domains under their delegated authority to ensure they are in line with the strategies for protection of national security, maintenance of social order and safety and building of the People's Public Security Force;

d) Participate in the building of the all-people security system and the people’s security posture associated with the all-people national defense and the all-people national defense posture, and the building of the people's armed forces under the provisions of law, directions and instructions given by competent authorities;

dd) Preside over or cooperate with the Ministry of Public Security on a regular or irregular inspection, audit, preliminary and final review of the implementation of security and order protection tasks under their authority;

e) Implement other tasks and powers regarding protection of national security, maintenance of social order and safety according to law provisions.

Article 13. Responsibilities of People's Councils and People's Committees at all levels for the protection of national security, the maintenance of social order and safety and the building of the People’s Public Security Force

1. People’s Councils at all levels shall, within their duties and powers, have the following responsibilities:

a) Decide on measures to ensure the fulfillment of the tasks of protecting national security, maintaining social order and safety according to law provisions;

b) Decide on policies and guidelines for promotion of the potentialities of their localities in building the people’s security system and the people’s security posture associated with reinforcement of the all-people national defence and the all-people national defence posture, and building of potentialities for protection of national security and maintenance of social security and safety;

c) Decide on policies and guidelines for building of mass organizations involved in protection of security and order at the grassroots level; decide on policies and measures to closely combine reinforcement and promotion of security with socio-economic development; closely combine socio-economic development with reinforcement and promotion of security; closely combine security with national defence and foreign relation within their localities;

d) Decide on the state budget expenditures on assurance of fulfillment of duties to protect national security, maintain social order and safety within their localities;

dd) Supervise the compliance with the Constitution and laws, and the implementation of resolutions of the People's Councils on protection of national security, maintenance of social order and safety in their respective localities;

e) Implement other tasks and powers regarding protection of national security, maintenance of social order and safety according to law provisions.

2. People’s Committees at all levels shall, within their duties and powers, have the following responsibilities:

a) Promulgate legislative documents under its competence to undertake the tasks of protection of national security, maintenance of social order and safety under law provisions and resolutions of the same-level People's Councils, and tasks of protection of national security, maintenance of social order and safety which are assigned by competent authorities; carry out the state management of protection of national security, maintenance of social order and safety within their respective localities;

b) Direct and undertake the building of the people’s security system and the people’s security posture associated with reinforcement of the all-people national defence and the all-people national defence posture, and the building of potentialities for protection of national security and maintenance of social security and safety; perform the tasks of educating national defence and security in their respective localities;

c) Submit to the People's Council at the same level the budget estimates for fulfillment of the tasks of protection of national security, maintenance social order and safety; direct and organize the implementation of the resolutions of the People's Councils at the same level on the state budget allocations for fulfillment of the tasks of protection of national security, maintenance of social order and safety in their respective localities;

d) Direct relevant agencies to cooperate with the People's Public Security Force in performing the tasks of protecting national security, maintaining social order and safety in their respective localities, participating in the building of the People's Public Security Force, maintenance of the regimes and policies for the People's Public Security Force and mass organizations participating in the protection of grassroots-level security and order; preside over or cooperate in the building, management and protection of important projects related to national security within their respective localities;

dd) Cooperate with the Vietnam Fatherland Front and its member organizations, relevant agencies and organizations in performing the tasks of protection of national security, maintenance of social order and safety, and engaging in the building of the People’s Public Security Force within their respective localities;

e) Organize the inspection, audit and resolution of complaints, denunciations and the handling of violations of law, preliminary and final review, emulation and rewarding related to implementation of the tasks of protection of national security, maintenance of social order and safety, and building of the People's Public Security Force in their respective localities;

g) Implement other tasks and powers regarding protection of national security, maintenance of social order and safety according to law provisions.

Article 14. Responsibilities of, regimes and policies for entities and persons participating in, cooperating, collaborating with and supporting the People’s Public Security Force

1. Agencies, organizations and individuals operating within the territory of the Socialist Republic of Vietnam and overseas Vietnamese agencies, organizations and citizens shall have the responsibility to participate in, cooperate and collaborate with and support the People's Public Security Force to perform their functions, duties and powers as prescribed by law.

2. Agencies, organizations and individuals that participate in, cooperate and collaborate with and support the People's Public Security Force in protecting national security, maintaining social order and safety, fighting, preventing and controlling crimes and violations of law shall be protected and prevented from being known to the public in accordance with laws.

3. If agencies, organizations and individuals that participate in, cooperate, collaborate with and support the People's Public Security Force in protecting national security, maintaining social order and safety, fighting, preventing and controlling crimes and violations of law show their excellent performance, they shall be commended and rewarded; if their honor is damaged, it will be reinstated; if their property is lost or damaged, they will be compensated; If they are injured or their health and lives are harmed, they themselves and their families shall be entitled to regimes and policies prescribed by law.

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