Law on the Force Participating in the Protection of Security and Order at the Grassroots Level 2023, No. 30/2023/QH15

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ATTRIBUTE Law on the Force Participating in the Protection of Security and Order at the Grassroots Level 2023

Law on the Force Participating in the Protection of Security and Order at the Grassroots Level No. 30/2023/QH15 dated November 28, 2023 of the National Assembly
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:30/2023/QH15Signer:Vuong Dinh Hue
Type:LawExpiry date:Updating
Issuing date:28/11/2023Effect status:
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Fields:Administration , Public order
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THE NATIONAL ASSEMBLY

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 30/2023/QH15

 

 

LAW

On the Force Participating in the Protection of Security and Order at the Grassroots Level[1]

 

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on the Force Participating in the Protection of Security and Order at the Grassroots Level.

 

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides the position, functions, tasks, principles of organization and operation, working relationships, force building, assurance of operation conditions, and responsibilities of agencies and organizations toward the force participating in the protection of security and order at the grassroots level.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Grassroots means a rural or mountainous village or hamlet (below collectively referred to as village), or a residential group, street quarter, street block or sub-quarter (below collectively referred to as residential group).

2. Force participating in the protection of security and order at the grassroots level means the force established by a local administration on the basis of the people’s voluntariness to support the commune, ward or township police unit (below collectively referred to as commune-level police unit) to assist the same-level People’s Committee in protecting security and order and building the “All people protect national security” movement.

3. Security and order protection team means an organizational form of the force participating in the protection of security and order at the grassroots level based in a village or residential group.

4. Area under charge means a village or residential group where the force participating in the protection of security and order at the grassroots level is assigned to perform its tasks in accordance with this Law.

Article 3. Position and functions of the force participating in the protection of security and order at the grassroots level

The force participating in the protection of security and order at the grassroots level is one of the mass forces, arranged in villages and residential groups, and acting as the core supporting commune-level police units to assist same-level People’s Committees in protecting security and order and building the “All people protect national security” movement.

Article 4. Principles of organization and operation of the force participating in the protection of security and order at the grassroots level

1. Complying with the Constitution and law; protecting and guaranteeing human rights and citizens’ rights; protecting the interests of the State and lawful rights and interests of organizations and individuals; relying on the people and submitting to the people’s supervision.

2. Submitting to the inclusive leadership by Party Committees and the management by commune-level People’s Committees, and to the instruction, assignment and inspection by commune-level police units in task performance in accordance with this Law.

3. Meeting the requirements of security and order protection; ensuring suitability with socio-economic conditions of each locality.

4. Refraining from practicing gender discrimination in the force participating in the protection of security and order at the grassroots level.

Article 5. Working relationships, coordination and support in the organization, operation and task performance of the force participating in the protection of security and order at the grassroots level

1. Working relationships of the force participating in the protection of security and order at the grassroots level are as follows:

a/ Commune-level People’s Committees shall manage the organization and operation of the force participating in the protection of security and order at the grassroots level;

b/ Commune-level police units shall assist same-level People’s Committees in directly managing the organization and operation of the force participating in the protection of security and order at the grassroots level, and direct, administer, guide, assign and inspect the performance of tasks by this force;

c/ The relationship between the force participating in the protection of security and order at the grassroots level and mass associations and organizations at the grassroots level is the relationship of coordination in performing the tasks of protecting security and order and building the “All people protect national security” movement.

2. Coordination and support in the performance of tasks by the force participating in the protection of security and order at the grassroots level are as follows:

a/ Coordinating with village heads, heads of residential groups and heads of working committees for Fatherland Front affairs in villages or residential groups in performing the tasks of protecting security and order and building the “All people protect national security” movement;

b/ Supporting militia and self-defense forces and other forces at the grassroots level in performing their tasks in accordance with law;

c/ Coordinating with self-governance mass organizations at the grassroots level, grassroots-level conciliators, and security forces of agencies, organizations and enterprises located in the areas to participate in security and order protection and resolve security and order-related cases and matters at the grassroots level in accordance with law.

3. Principles of coordination and support, and responsibilities in the performance of tasks of the force participating in the protection of security and order at the grassroots level are as follows:

a/ Ensuring suitability with the functions and tasks of the force participating in the protection of security and order at the grassroots level in accordance with law;

b/ Submitting to the management by commune-level People’s Committees, and to the instruction, assignment and inspection by commune-level police units in the process of coordination and support in task performance;

c/ Upholding the sense of responsibility of citizens in performing the task of protecting security and order in accordance with law;

d/ Commune-level police units shall be held responsible for the performance of tasks by the force participating in the protection of security and order at the grassroots level in accordance with law.

4. For districts without commune-level administrative units, district-level People’s Councils, People’s Committees, Vietnam Fatherland Front Committees and police units shall perform the tasks of commune-level People’s Councils, People’s Committees, Vietnam Fatherland Front Committees and police units in accordance with this Law.

Article 6. Prohibited acts

1. Utilizing the force participating in the protection of security and order at the grassroots level in contravention of this Law or to commit illegal acts.

2. Taking advantage of the task of protecting security and order at grassroots level to commit illegal acts, harass, or infringe upon the interests of the State and lawful rights and interests of organizations and individuals.

3. Impersonating the force participating in the protection of security and order at the grassroots level.

4. Insulting, threatening, obstructing or opposing the force participating in the protection of security and order at the grassroots level while they are on duty.

5. Illegally producing, trading, storing, using, seizing, counterfeiting or pawning uniforms, badges, insignia, signboards or certificates of the force participating in the protection of security and order at the grassroots level.

 

Chapter II

TASKS OF THE FORCE PARTICIPATING IN THE PROTECTION OF SECURITY AND ORDER AT THE GRASSROOTS LEVEL

Article 7. Support for understanding the situation of security and order

1. Supporting commune-level police units in grasping the situation of violations of the law on security, order, social evils and domestic violence in the areas under charge through people’s information sources and mass media according to instructions of commune-level police units.

2. When detecting or receiving information about violations of the law on security, order, social evils or domestic violence in the areas under charge, to immediately report it to commune-level police units; to show up at the places where the incidents occur to perform tasks according to the requests and instructions of commune-level police units; to promptly stop acts of infringement or threat to infringe upon the life, health or property of individuals or property of agencies and organizations in suitable conditions, within their capacity and in accordance with law.

Article 8. Support for the building of the “All people protect national security” movement

1. Supporting commune-level police units in disseminating policies and laws on security and order and build and spread advanced typical models and examples in the “All people protect national security” movement.

2. Mobilizing the people to participate in preventing, detecting, stopping and combating crimes and violations of the security and order law.

Article 9. Support for fire prevention and fighting, rescue and salvage

The force participating in the protection of security and order at the grassroots level shall, following requests, instructions and assignment of commune-level police units, support the civil defense force in fire prevention and fighting and rescue and salvage activities in the areas under charge or other areas when mobilized.

Article 10. Support for administrative management of social order

1. Supporting commune-level police units to obtain information about the operation of establishments engaged in business investment sectors and trades subject to security and order conditions in the areas under charge; in case of detecting or receiving information about violations, immediately reporting it to the managing commune-level police units.

2. Grasping demographic information, and supporting commune-level police units in checking population, temporary residence and temporary absence in the areas under charge.

3. Mobilizing agencies, organizations and people in the areas under charge to declare and hand over fireworks, weapons, explosives and support tools under regulations.

4. In the course of performing the tasks specified in Clauses 1, 2 and 3 of this Article, immediately reporting illegal acts upon detecting them to managing commune-level police units and supporting the latter in promptly handling them.

Article 11. Support for mobilization and education of people who have committed illegal acts and currently reside at the grassroots level

Supporting commune-level police units to mobilize and educate the following people who currently live in the areas under charge to strictly comply with the Party’s line and policies and the State’s policies and laws:

1. People who have completed their prison sentences; illegal drug users, people undergoing family- or community-based drug rehabilitation on a voluntary basis; people who have completely served the decision on sending to a reformatory, compulsory education facility or compulsory drug rehabilitation facility; and people entitled to conditional early release;

2. People subject to the measure of prohibition from leaving their place of residence; people being on  guaranteed or secured bail; people who are sentenced to prison but for whom a judgment execution decision has not yet been issued or for whom a judgment execution decision has been issued but who are on bail or entitled to judgment execution postponement or suspension; people subject to suspended sentence and currently on probation; people currently serving sentences of non-custodial reform, ban on residence in certain places, ban on holding certain positions or ban from practicing certain professions or doing certain jobs, deprivation of certain civil rights or probation; people entitled to conditional early release and still in the probation period; and people who have completely served their sentences but have not had their criminal records expunged;

3. People currently subject to the measure of commune-, ward- or township-based education or family-based management; people compelled to serve the decision on application of the measure of sending to a compulsory education facility, compulsory drug rehabilitation facility or reformatory but entitled to postponement of or suspension from serving the decision; people who are subject to management pending the performance of procedures to consider and decide to apply the measure of sending to a compulsory education facility, compulsory drug rehabilitation facility or reformatory; and people who commit acts of domestic violence.

Article 12. Support for patrols to ensure security, order and traffic safety; performance of the tasks of protecting security and order when mobilized

1. Supporting commune-level police units to patrol, prevent and detect violations of the security and order law in the areas under charge.

2. Supporting commune-level police units to direct and divert traffic and resolve traffic jams when mobilized.

3. When performing the tasks specified in Clauses 1 and 2 of this Article, providing support for, or following instructions of commune-level police units and functional forces to protect the scene and protect security and order if detecting a security and order-related case or matter.

4. In case complicated security and order situations occur outside the areas under charge, the force participating in the protection of security and order at the grassroots level may be mobilized by competent authorities to perform the tasks of protecting security and order. The use of the force participating in the protection of security and order at the grassroots level in case of mobilization must comply with relevant laws.

 

Chapter III

BUILDING OF AND ASSURANCE OF OPERATION CONDITIONS FOR THE FORCE PARTICIPATING IN THE PROTECTION OF SECURITY AND ORDER AT THE GRASSROOTS LEVEL

Section 1

FORCE BUILDING

Article 13. Criteria and conditions for joining the force participating in the protection of security and order at the grassroots level

Vietnamese citizens who wish and satisfy the following criteria and conditions may be considered and selected to join the force participating in the protection of security and order at the grassroots level:

1. Being aged between full 18 years and full 70 years; for people who are aged over 70 years and still physically fit, chairpersons of commune-level People’s Committees may consider and decide to permit these people to join the force participating in the protection of security and order at the grassroots level based on the proposal of commune-level police units;

2. Having a clear personal background and good moral qualities; together with their families, properly observing the Party’s line and policies and the State’s policies and laws; not currently being examined for penal liability, or not currently serving a criminal sentence in their communes, wards or townships, a judicial measure or an administrative measure; having had their criminal records expunged if having completely served a court’s sentence; or having passed the time limit for being considered not having been subject to administrative measure in accordance with law if having completely served a decision to apply an administrative measure;

3. Possessing a graduation diploma or having completed the lower secondary education program or higher level. For border areas, islands, mountainous areas, areas with extremely difficult socio-economic conditions and ethnic minority-inhabited areas, people who have completed the primary education program may be selected;

4. Permanently residing or having a temporary residence period of 1 year or more and regularly living in the place where the concerned citizen files an application to join the force participating in the protection of security and order at the grassroots level. For the people mentioned in the case specified in Clause 3, Article 15 of this Law, they must be permanently or temporarily residing in the place where they file an application to join the force participating in the protection of security and order at the grassroots level;

5. Being physically fit as stated in the health certificate issued by a medical examination and treatment facility established and operating in accordance with law.

Article 14. Arrangement of the force participating in the protection of security and order at the grassroots level

1. The force participating in the protection of security and order at the grassroots level shall be consolidated from the street population defense force, part-time commune police who continue to be employed, and heads and deputy heads of civil defense teams, or shall be selected in accordance with this Law.

2. The force participating in the protection of security and order at the grassroots level shall be organized into security and order protection teams. The area under charge of a security and order protection team covers one or more than one village or residential group within a commune-level administrative unit or a district without commune-level administrative unit.

3. Based on the situation and requirements for security and order assurance, socio-economic conditions, population size, and natural area of each locality, provincial-level People’s Councils shall specify criteria for establishment of security and order protection teams and criteria for the number of members of a security and order protection team in the areas under their management.

4. Provincial-level People’s Committees shall decide on the number of security and order protection teams to be established and the number of members of a security and order protection team in villages and residential groups under their management for each commune-level administrative unit.

5. Pursuant to decisions of provincial-level People’s Committees referred to in Clause 4 of this Article, chairpersons of commune-level People’s Committees shall, at the request of commune-level police units, decide to establish security and order protection teams and decide on each member of such a team.

Article 15. Selection of members of security and order protection teams

1. Based on the requirements of assurance of security and order at the grassroots level, commune-level police units shall advise and help same-level People’s Committees formulate plans on and organize the selection of members of security and order protection teams who satisfy the criteria and conditions specified in Clause 4, Article 14 of this Law.

2. The selection of members of security and order protection teams must be carried out in an open, democratic and lawful manner.

3. Priority shall be given to selecting citizens who have served in the People’s Public Security forces or People’s Army, part-time commune-level police who have completed their duties, and citizens who are knowledgeable about customs and practices and prestigious in the population community or used to join the force participating in the protection of security and order at the grassroots level.

4. The Minister of Public Security shall provide dossiers, order and procedures for selecting members of security and order protection team.

Article 16. Security and order protection teams; members of security and order protection teams

1. A security and order protection team is composed of a head, deputy head and members.

2. Commune-level police units shall propose chairpersons of same-level People’s Committees to issue decisions to establish security and order protection teams and decisions to recognize members of security and order protection teams, which shall be publicly posted.

3. In a village or residential group where the head and deputy head of the civil defense team have been appointed in accordance with the fire prevention and fighting law, the commune-level police unit shall base on the capacity and professional qualifications of appointed persons to propose the chairperson of the commune-level People’s Committee to consider and decide to recognize these persons as head and deputy head of the security and order protection team.

4. Tasks of members of a security and order protection team:

a/ The head of a security and order protection team shall manage and direct activities of the security and order protection team; report on the situation and results of the performance of assigned tasks and be held responsible to the commune-level police unit for activities of his/her team; and assigns tasks to team members;

b/ The deputy head of a security and order protection team shall perform tasks as assigned by the team head; and manage and direct activities of the security and order protection team when no team head has been appointed yet or the team head is absent or when he/she is authorized by the team head;

c/ Members of a security and order protection team shall perform the tasks of the force participating in the protection of security and order at the grassroots level according to the management and assignment of the head and deputy head of the security and order protection team;

d/ The head and deputy head of a security and order protection team shall perform the tasks of the head and deputy head of a civil defense team as provided in the fire prevention and fighting and rescue and salvage law.

5. The Minister of Public Security shall specify the order and procedures for establishing security and order protection teams and recognizing members of security and order protection teams.

Article 17. Adjustment of number of members and number of security and order protection teams, resignation from the force participating in the protection of security and order at the grassroots level

1. The number of members and number of security and order protection teams may be adjusted in the following cases:

a/ To add members in case the number of members of a security and order protection team is insufficient; to add a security and order protection team in case the number of security and order protection teams is not sufficient as required under decisions of provincial-level People’s Committees;

b/ In order to meet the requirement to ensure security and order, or as a result of the establishment, dissolution, merger or division of villages or residential groups, it is necessary to increase or reduce the number of members and number of security and order protection teams compared to the numbers of members decided by provincial-level People’s Committees.

2. The addition of members and addition of security and order protection team referred to at Point a, Clause 1 of this Article must comply with Article 15, and Clause 2, Article 16, of this Law. Any increase or reduction of the number of members and number of security and order protection teams referred to at Point b, Clause 1 of this Article shall be reported to provincial-level People’s Committees for consideration and decision under Clause 4, Article 14 of this Law.

3. Cases of resignation of a member from the force participating in the protection of security and order at the grassroots level:

a/ He/she submits an application for resignation from the force participating in the protection of security and order at the grassroots level;

b/ He/she is no longer physically fit as stated in the health certificate issued by a medical examination and treatment facility established and operating in accordance with law;

c/ He/she has failed to perform tasks as assigned or mobilized by the commune-level police unit for twice or more than twice without a plausible reason, or has failed to accomplish his/her tasks or has taken advantage of or abused the task of protecting security and order at grassroots level to commit illegal acts and repeats the violation though having been warned in writing for twice or more than twice by the commune-level police unit;

d/ He/she violates the penal law for whom a competent authority has issued a decision to prosecute the accused or to whom preventive measures are applied in accordance with criminal procedure law; or is subject to administrative measures.

4. The Minister of Public Security shall provide the order and procedures for adjusting the number of members and the number of security and order protection teams, and resignation from the force participating in the protection of security and order at the grassroots level.

Article 18. Coaching and training of the force participating in the protection of security and order at the grassroots level

The force participating in the protection of security and order at the grassroots level shall be trained in politics, law and professional skills, and participate in drills and competitions under the Minister of Public Security’s regulations.

Section 2

ASSURANCE OF OPERATION CONDITIONS FOR THE FORCE PARTICIPATING IN THE PROTECTION OF SECURITY AND ORDER AT THE GRASSROOTS LEVEL

Article 19. Assurance of operating funds and equipment and physical facilities for the force participating in the protection of security and order at the grassroots level

1. Funds to ensure operation and equipment and physical foundations for the force participating in the protection of security and order at the grassroots level shall be covered by the state budget and other lawfully raised financial sources in accordance with law.

2. The management and use of funds to ensure operation and equipment and physical facilities for the force participating in the protection of security and order at the grassroots level must comply with the law on the state budget, law on management and use of public assets and other relevant laws.

3. Every year, the Ministry of Public Security and People’s Committees at all levels shall make budget estimates, and execute and account-finalize state budget funds to ensure operation and equipment and physical facilities for the force participating in the protection of security and order at the grassroots level in accordance with the law on the state budget.

Article 20. Workplaces for the force participating in the protection of security and order at the grassroots level

Commune-level People’s Committees shall arrange workplaces for the force participating in the protection of security and order at the grassroots level at places for community activities in villages or residential groups, or at workplaces of commune-level police units or other places to meet the requirements of performance of the tasks of the force participating in the protection of security and order at the grassroots level and suit the local capacity.

Article 21. Equipping, management and use of support tools of the force participating in the protection of security and order at the grassroots level

1. The force participating in the protection of security and order at the grassroots level shall be equipped with support tools to perform the task of protecting security and order at grassroots level.

2. The management and use of support tools of the force participating in the protection of security and order at the grassroots level must comply with the law on management and use of weapons, explosives and support tools.

3. The Minister of Public Security shall detail Clause 1 of this Article.

Article 22. Uniforms, certificates and equipment of the force participating in the protection of security and order at the grassroots level

1. The force participating in the protection of security and order at the grassroots level shall be equipped and use necessary uniforms, badges, insignia, signboards, certificates, vehicles and equipment to perform their tasks.

2. The issuance, renewal, re-issuance, revocation, management and use of signboards and certificates of the force participating in the protection of security and order at the grassroots level shall be stipulated by the Minister of Public Security.

3. The Government shall detail Clause 1 of this Article.

Article 23. Support and training for the force participating in the protection of security and order at the grassroots level

1. Members of the force participating in the protection of security and order at the grassroots level are entitled to monthly allowances and part of voluntary social insurance and health insurance premiums at levels set by provincial-level People’s Councils.

2. Members of the force participating in the protection of security and order at the grassroots level are entitled to support and allowances when they are sent for training, coaching and performance of tasks assigned by competent authorities or when mobilized to perform tasks. The support and allowance levels are specified as follows:

a/ When sent for coaching or training, they are entitled to an allowance equal to the basic food allowance of service soldiers in the People’s Public Security forces;

b/ When on duty from 10:00pm to 6:00am, on days off and holidays, or when performing heavy, hazardous or dangerous jobs or extremely heavy, hazardous or dangerous jobs specified by the labor law, they are entitled to allowances decided by provincial-level People’s Councils;

c/ When performing tasks in border areas, on islands, in mountainous areas, areas with extremely difficult socio-economic conditions or ethnic minority-inhabited areas, or in commune-level administrative units classified as critical defense areas, they are entitled to increased working day-based allowances decided by provincial-level People’s Councils;

d/ When being mobilized or sent to perform tasks outside the areas under charge, they are entitled to travel and accommodation allowances during the period of task performance provided by the mobilizing or sending agencies.

Article 24. Regimes and policies for members of the force participating in the protection of security and order at the grassroots level who suffer sickness, accidents, death or injury while on duty

1. Members who have participated in social insurance and health insurance and are eligible to receive insurance benefits may receive benefits from the insurance fund in accordance with law.

2. Members who suffer sickness, accidents or injury while having not yet participated in health insurance are entitled to partial payment of medical examination and treatment expenses.

3. Members who suffer an accident that reduces their working capacity as concluded by the Medical Assessment Council but have not yet participated in social insurance may be considered for entitlement to allowances depending on the level of decrease in their working capacity. If they die, their relatives are entitled to survivor benefits and payment of funeral costs.

4. Members who are injured or die while on duty may be considered for entitlement to regimes and policies like invalids or for recognition as martyrs and entitlement to other benefits in accordance with law.

5. The Government shall detail Clauses 2 and 3 of this Article.

Article 25. Spending tasks of the Ministry of Public Security

The spending tasks of the Ministry of Public Security shall be covered by the central budget, including:

1. Equipping vehicles, equipment and support tools for the force participating in the protection of security and order at the grassroots level;

2. Coaching, training, and organizing drills and competitions for, the force participating in the protection of security and order at the grassroots level by the Ministry of Public Security;

3. Organizing reviews, emulation movements and commendation for the force participating in the protection of security and order at the grassroots level by the Ministry of Public Security.

Article 26. Spending tasks of local authorities

1. Spending tasks of local authorities shall be covered by local budgets, including:

a/ Providing support for the procurement and repair of vehicles and equipment; organizing training, drills and competitions by local authorities; and ensuring operation conditions for the force participating in the protection of security and order at the grassroots level;

b/ Providing uniforms, badges, insignia, signboards and certificates for the force participating in the protection of security and order at the grassroots level;

c/ Covering expenses specified in Articles 23 and 24 of this Law;

d/ Organizing reviews, emulation movements and commendation for the force participating in the protection of security and order at the grassroots level by local authorities;

dd/ Other expenses for the force participating in the protection of security and order at the grassroots level as provided by law.

2. Provincial-level People’s Committees shall submit to same-level People’s Councils for decision the levels of spending for the force participating in the protection of security and order at the grassroots level as referred to in Clause 1 of this Article in conformity with local socio-economic conditions.

Chapter IV

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS

Article 27. Responsibilities of the Government

1. The Government shall perform the unified state management of the force participating in the protection of security and order at the grassroots level.

2. Contents of the state management of the force participating in the protection of security and order at the grassroots level:

a/ Promulgating according to its competence, or submitting to competent authorities for promulgation and organizing the implementation of, legal documents concerning the force participating in the protection of security and order at the grassroots level;

b/ Formulating, and organizing the implementation of, strategies, policies, schemes, projects and plans on the force participating in the protection of security and order at the grassroots level;

c/ Building the force, organizing coaching, training, drills, competitions and other activities and ensuring operation conditions for the force participating in the protection of security and order at the grassroots level;

d/ Disseminating the Party’s line and policies and the State’s policies and laws on the force participating in the protection of security and order at the grassroots level;

dd/ Supervising, inspecting, handling violations, settling complaints and denunciations, conducting preliminary and final reviews, and organizing emulation and commendation for the force participating in the protection of security and order at the grassroots level.

Article 28. Responsibilities of the Ministry of Public Security

The Ministry of Public Security shall act as the focal point to assist the Government in performing the unified state management of the force participating in the protection of security and order at the grassroots level and has the following responsibilities:

1. To submit to the Government for promulgation, or promulgate according to its competence and organize the implementation of, legal documents concerning the force participating in the protection of security and order at the grassroots level;

2. To disseminate the Party’s line and policies and the State’s policies and laws concerning the force participating in the protection of security and order at the grassroots level;

3. To guide and inspect force building, management, coaching, training, drills and competitions, and ensure operation conditions for the force participating in the protection of security and order at the grassroots level in accordance with regulations;

4. To assume the prime responsibility for, and coordinate with others in, the supervision, inspection, handling of violations, settlement of complaints and denunciations and preliminary and final reviews for the force participating in the protection of security and order at the grassroots level according to its competence;

5. To provide guidance on organizing emulation movements and commendation in the force participating in the protection of security and order at the grassroots level.

Article 29. Responsibilities of other ministries, ministerial-level agencies and government-attached agencies

1. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Public Security and provincial-level People’s Committee in, submitting to competent authorities the balancing and allocation of funds for the implementation of this Law in accordance with the Law on the State Budget.

2. Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their tasks and powers, organize the implementation of the law on the force participating in the protection of security and order at the grassroots level.

Article 30. Responsibilities of local administrations at all levels

1. Within the ambit of their tasks and powers, People’s Councils at all levels have the following responsibilities:

a/ To decide on plans, projects and schemes on the building and arrangement of the force participating in the protection of security and order at the grassroots level, and ensure its operation conditions in accordance with this Law and other relevant laws;

b/ To decide on budgets for the force participating in the protection of security and order at the grassroots level in their localities in accordance with law.

2. People’s Committees at all levels shall, within the ambit of their tasks and powers, perform state management of the force participating in the protection of security and order at the grassroots level and have the following responsibilities:

a/ To submit to same-level People’s Councils for approval and decision the plans, projects and schemes on the building and arrangement of the force participating in the protection of security and order at the grassroots level, ensure operation conditions and carry out budget revenue-expenditure estimates to secure the operation of the force participating in the protection of security and order at the grassroots level;

b/ To promulgate legal documents, and documents directing, guiding and organizing the implementation of regulations on the force participating in the protection of security and order at the grassroots level in accordance with this Law and other relevant laws;

c/ To organize dissemination of the Party’s line and policies and the State’s policies and laws on the force participating in the protection of security and order at the grassroots level under their management;

d/ To manage the organization and operation of the force participating in the protection of security and order at the grassroots level according to their competence; to arrange workplaces and funding and ensure other operation conditions for this force according to regulations;

dd/ To organize emulation movements among the force participating in the protection of security and order at the grassroots level in association with local emulation movements.

3. District-level People’s Councils in localities without commune-level People’s Councils, or provincial-level People’s Councils in localities without commune-level People’s Councils and district-level People’s Councils shall perform the tasks of commune-level People’s Councils. Commune-level People’s Committees shall report to district-level People’s Committees on the organization and operation of the force participating in the protection of security and order at the grassroots level in their localities.

Article 31. Responsibilities of the Vietnam Fatherland Front and its member organizations

The Vietnam Fatherland Front and its member organizations shall, within the ambit of their tasks and powers, disseminate, and mobilize all strata of people to implement, the law on the force participating in the protection of security and order at the grassroots level; and mobilize, supervise, and provide social criticism on, the implementation of the law on the force participating in the protection of security and order at the grassroots level.

 

Chapter V

IMPLEMENTATION PROVISIONS

Article 32. Amendment, supplementation or cancellation of a number of articles and clauses of relevant laws

1. To amend and supplement Clause 1, Article 44 of Law No. 27/2001/QH10 on Fire Prevention and Fighting, which had a number of articles amended and supplemented under Law No. 40/2013/QH13, as follows:

“1. Civil defense teams shall be established in villages and residential groups. People who are recognized as heads or deputy heads of security and order protection teams in accordance with the law on the force participating in the protection of security and order at the grassroots level shall be appointed as heads or deputy heads of civil defense teams. Civil defense teams shall be established and managed by chairpersons of commune-level People’s Committees.”

2. To add Point c below Point b, Clause 4, Article 12 of Law No. 25/2008/QH12 on Health Insurance, which had a number of articles amended and supplemented under Law No. 32/2013/QH13, Law No. 46/2014/QH13, Law No. 97/2015/QH13, Law No. 35/2018/QH14 and Law No. 68/2020/QH14, as follows:

“c/ Members of the force participating in the protection of security and order at the grassroots level.”.

3. To amend and supplement Point n, Clause 1, Article 55 of Law No. 14/2017/QH14 on Management and Use of Weapons, Explosives and Support Tools, which had a number of articles amended and supplemented under Law No. 50/2019/QH14 and Law No. 59/2020/QH14, as follows:

“n/ The force participating in the protection of security and order at the grassroots level;”.

4. To amend and supplement Clause 2, Article 6 of Law No. 32/2004/QH11 on National Security as follows:

“2. Agencies and organizations shall, within their scope, tasks and powers, build militia and self-defense forces, security forces of agencies and enterprises, the force participating in the protection of security and order at the grassroots level, and the civil defense force for participating in protecting national security in accordance with law.”

5. To amend, supplement or annul a number of clauses and articles of Law No. 37/2018/QH14 on the People’s Public Security Forces, which had a number of articles amended and supplemented under Law No. 21/2023/QH15, as follows:

a/ To amend and supplement Clause 13, Article 16 as follows:

“13. To provide instructions and training in professional skills and legal knowledge for mass organizations participating in the protection of security and order at the grassroots level, the force participating in the protection of security and order at the grassroots level, the civil defense force and security forces of agencies and enterprises in accordance with law.”;

b/ To annul Clause 2, Article 46.

Article 33. Effect

1. This Law takes effect on July 1, 2024.

2. Ordinance No. 06/2008/PL-UBTVQH12 on Commune-Level Police ceases to be effective on the effective date of this Law.

This Law was passed on November 28, 2023, by the 15th National Assembly of the Socialist Republic of Vietnam at its 6th session.

Chairman of the National Assembly
VUONG DINH HUE


[1] Công Báo Nos 43-44 (08/01/2023)

 

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