Law amending Law on the People’s Public Security Forces No. 21/2023/QH15

LAW

Amending and Supplementing a Number of Articles of the Law on the People’s Public Security Forces^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 37/2018/QH14 on the People’s Public Security Forces.

Article 1. To amend and supplement a number of articles of the Law on the People’s Public Security Forces

1. To amend and supplement Clause 4, Article 22 as follows:

“4. Officers eligible for consideration of rank promotion from Colonel to Major General must have at least full 3 years of service remaining. The rank promotion for cases of having less than full 3 years of service remaining to meet certain requirements shall be decided by the President.”.

2. To add Clause 4 below Clause 3, Article 23 as follows:

“4. The Government shall provide in detail the criteria and standards mentioned in Clause 1 of this Article for consideration of ahead-of-time promotion to the general rank. The Minister of Public Security shall provide in detail the criteria and standards mentioned in Clauses 1 and 2 of this Article for consideration of the ahead-of-time rank promotion and rank skip promotion for colonel and lower ranks.”.

3. To amend and supplement a number of points and clauses of Article 25 as follows:

a/ To amend and supplement Point b, Clause 1 as follows:

“b/ The number of Senior Lieutenant Generals must not exceed 7, including:

Deputy Ministers of Public Security, of whom the number must not exceed 6; and,

A seconded People’s Public Security officer elected to hold the position of Vice Chairperson of the National Defense and Security Committee of the National Assembly;”;

b/ To amend and supplement Point d, Clause 1 as follows:

“d/ The number of Major Generals must not exceed 162, including:

Departmental directors of the units attached to the Ministry of Public Security and equivalent positions or titles, except the cases specified at Point c, Clause 1 of this Article;

Directors of provincial-level Public Security Departments in localities classified as grade-I provincial-level administrative units and strategic geographical areas with complicated security and order issues, large natural areas and populations. The number of these directors must not exceed 11;

Vice Chairpersons of the Control Commission of the Central Public Security Party Committee. The number of these chairpersons must not exceed 3;

Deputy directors of departments, deputy commanders and the equivalent of the units attached to the Ministry of Public Security specified at Point c, Clause 1 of this Article. The number of these units is 17, each having no more than 4 deputy directors or deputy commanders, while other units have no more than 3 deputy directors or deputy commanders each;

Deputy directors of departments and the equivalent of the units attached to the Ministry of Public Security specified at this Point. The number of these units is 2, each having no more than one deputy director;

Deputy directors of the Hanoi Public Security Department, deputy directors of the Ho Chi Minh City Public Security Department, each having no more than 3 deputy directors;

Seconded People’s Public Security officers approved to hold the position of standing member of the National Defense and Security Committee of the National Assembly or appointed to the position of general director or equivalent;”;

c/ To amend and supplement Point e, Clause 1 as follows:

“e/ Senior Lieutenant Colonel: Section heads and equivalent; heads of public security offices of rural districts, urban districts, towns or cities of provinces, and cities of centrally run cities; and regiment commanders, except the cases specified in Clause 4 of this Article;”;

d/ To amend and supplement Clause 2 as follows:

“2. The National Assembly Standing Committee shall specify the positions with the highest rank being Lieutenant General or Major General, which are not yet specified in this Law; the general rank for positions and titles of officers in newly established units which must not exceed the maximum number of positions with the rank of general decided by competent authorities.”;

dd/ To amend and supplement Clause 4 as follows:

“4. Section heads and equivalent of the units attached to the Ministry of Public Security, having the function and tasks of direct combat, advice, research, provision of professional and operational guidance for the entire forces; regiment commanders of the units attached to the Ministry of Public Security, Hanoi  Public Security Department and Ho Chi Minh City Public Security Department; heads of advisory, operation, organization and personnel, Party affairs and political work sections, heads of district- or municipal-level Public Security offices under the Hanoi Public Security Department or Ho Chi Minh City Public Security Department may have the rank which is one grade higher than the rank specified at Point e, Clause 1 of this Article.”.

4. To amend and supplement Clause 2, Article 29 as follows:

“2. Seconded People’s Public Security officers are entitled to regimes and policies like officers currently on service in the People’s Public Security Forces. The rank bestowal, promotion, demotion or stripping applicable to seconded officers are the same as for officers currently on service in the People’s Public Security Forces, excluding seconded officers specified at Points b, c and d, Clause 1, and Clause 3, Article 25, and Clause 1, Article 27 of this Law.

People’s Public Security officers, upon completion of tasks that they are seconded to perform shall be considered and appointed to positions equivalent to those they are seconded to hold and may retain benefits of the secondment positions.”.

5. To amend and supplement a number of clauses of Article 30 as follows:

a/ To amend and supplement Clause 1, and add Clause 1a below Clause 1 as follows:

“1. The highest service ages of People’s Public Security non-commissioned officers and officers are as follows:

a/ Non-commissioned officers: 47;

b/ Company officers: 55;

c/ Majors and lieutenant colonels: 57 for men, 55 for women;

d/ Senior-lieutenant colonels: 60 for men, 58 for women;

dd/ Colonels: 62 for men, 60 for women;

e/ General rank: 62 for men, 60 for women.

 1a. The highest service ages of male officers specified at Points dd and e and female officers specified at Points d and dd, Clause 1 of this Article must comply the roadmap for adjustment of retirement ages for employees specified in the Labor Code.

The Government shall detail this Clause.”.

b/ To amend and supplement Clauses 3 and 4 as follows:

“3. In case public security units so request, officers specified at Points b, c and d, Clause 1 of this Article may work beyond their service age limits under regulations of the Minister of Public Security but not after the age of 62 for male officers and 60 for female officers if they are fully professionally qualified and skilled, physically fit and willing.

In special cases, officers specified in Clause 1 of this Article may have their service age limits prolonged beyond 62 for male officers and 60 for female officers under decisions of competent authorities.

4. People’s Public Security officers who are professors, associate professors, doctors or senior experts may have their service age limits prolonged beyond 62 for male officers and 60 for female officers in accordance with regulations of the Government.”.

6. To amend and supplement Clause 2, Article 42 as follows:

“2. The service age limit for public security workers is 62 for men, 60 for women and must comply the roadmap for adjustment of retirement ages for employees specified in the Labor Code. Public security workers are entitled to regimes and policies like those applicable to national defense workers.

 The Government shall detail this Clause.”.

Article 2. Effect

This Law takes effect on August 15, 2023.

This Law was passed on June 22, 2023, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 5^th session.-

Chairman of the National Assembly
VUONG DINH HUE