Law on the People’s Public Security Force, Law No. 37/2018/QH14

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ATTRIBUTE Law on the People’s Public Security Force

Law No. 37/2018/QH14 dated November 20, 2018 of the National Assembly on the People’s Public Security Force
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:37/2018/QH14Signer:Nguyen Thi Kim Ngan
Type:LawExpiry date:Updating
Issuing date:20/11/2018Effect status:
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Fields:National Security

SUMMARY

The maximum age for consideration to promotion from colonel major general shall be 57

Takes effect on July 01, 2019, Law No. 37/2018/QH14 on the People’s Public Security Force regulates that the maximum age for consideration to promotion from colonel major general shall be 57.

For limits of non-commissioned officers and officers of the People's Public Security Force shall be subject to the following regulations: Non-commissioned officers: 45; Lieutenant-grade officer: 53; Major and Lieutenant-Colonel: Male: 55; Female: 53; Senior Lieutenant Colonel: Male: 58; Female: 55; Colonel:  Male: 60; Female: 55; General-grade officers:  60.

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 60 years of age for men and over 55 years of age for women.

Also regulated in this Law, 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. In case of serving the purpose of being ready to fight, performing natural disaster or epidemic prevention and control or rescue tasks, the period of service may be extended but not exceeds 06 months.

This Law is approved by the National Assembly on November 20, 2018.

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Effect status: Known

 

THEPRESIDENT

No. 15/2018/L-CTN

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

Hanoi, December 4, 2018

 

Order

On the promulgation of law

 

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 80 of the Law on Promulgation of Legal Documents,

 

PROMULGATES:

The Law on the People’s Public Security Forces,

which was passed on November 20, 2018, by the XIVthNational Assembly of the Socialist Republic of Vietnam at its 6thsession.

President of the Socialist Republic of Vietnam
NGUYEN PHU TRONG

 


 

THE NATIONALASSEMBLY

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 37/2018/QH14

 

 

 

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 on the People’s Public Security Forces.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Law prescribes the principles of organization and operation; the position, functions, tasks and powers; the assurance of operation conditions, regimes and policies for the People’s Public Security Forces; and responsibilities of related agencies, organizations and individuals.

Article 2.Interpretation of terms

In this Law, the terms below shall be construed as follows:

1. National security protection means preventing, detecting, stopping and struggling to frustrate activities of infringing upon the national security and to get rid of threats to the national security.

2. Social order and safety maintenance means preventing, detecting, stopping and fighting crimes and law violations related to social order and safety.

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

4. Specialized technical officer or non-commissioned officer means a Vietnamese citizen who is recruited for and operating in specialized technical areas of the People’s Public Security Forces, who is bestowed and promoted to the rank of field officer, company officer or non-commissioned officer.

5. Service non-commissioned officer or man means a Vietnamese citizen who performs the service of joining the People’s Public Security Forces and is bestowed and promoted to the rank of sergeant-major, sergeant, corporal, first-class private or second-class private.

6. People’s Public Security worker means a Vietnamese citizen who possesses specialized technical qualifications and is recruited to work in the People’s Public Security Forces but is not bestowed to the rank of officer, non-commissioned officer or policeman.

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

The People’s Public Security Forces constitute the people’s armed forces, act as the core in protecting the national security, maintaining social order and safety, and preventing and fighting crimes and law violations related to national security and social order and safety.

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

1. To be placed under the absolute, direct and comprehensive leadership of the Communist Party of Vietnam, the supreme command of the President, the unified state management of the Government and the direct command and management of the Minister of Public Security.

2. To be organized in a centralized, uniform, specialized, elite and neat manner and according to an administrative hierarchy from the central to grassroots levels.

3. To abide by the Constitution and law; the subordinates shall submit to the superiors; to rely on the People and be subject to the People’s supervision; to 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 Forces

1. The State shall build the People’s Public Security Forces into revolutionary, regular, crack and incrementally modern ones; give priority to the modernization of a number of forces.

2. Agencies, organizations and citizens shall participate in the building of clean, firm and strong People’s Public Security Forces.

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

August 19 every year shall be taken as the traditional day of the People’s Public Security Forces and the “All People Protect the National Security” festive day.

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

1. Citizens who fully meet the criteria on political and moral qualities, educational level, health, age group and aptitudes suitable to public security work and have the aspiration may be recruited into the People’s Public Security Forces upon the latter’s demand.

2. The People’s Public Security Forces may give priority to recruiting outstanding graduates from universities or vocational education institutions who are fully qualified for training and reinforcement of the People’s Public Security Forces.

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

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

1. Performing the obligation to join the People’s Public Security Forces is performing the obligation to defend the Fatherland in the people’s armed forces. Annually, the People’s Public Security Forces shall recruit citizens in the enlistment age group for service in the People’s Public Security Forces for a period of 24 months. The Minister of Public Security may decide to extend this period of active-duty service of non-commissioned officers and men for not more than 6 months in the following cases:

a/ For ensuring combat readiness tasks;

b/ They are performing the tasks of natural disaster or epidemic prevention and control, search and rescue.

2. The procedures for recruitment of citizens to perform the obligation to join the People’s Public Security Forces are similar to those applicable to the recruitment of citizens to perform military active-duty service.

3. The Government shall detail Clause 2 of this Article.

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

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

2. Citizens retiring from their service in the People’s Public Security Forces shall perform their military service in the reserve force as prescribed by law.

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

1. The National Assembly, the Standing Committee, the Ethnic Council and Committees of the National Assembly, delegations of National Assembly deputies, individual National Assembly deputies, the People’s Councils, the standing members of the People’s Councils, the Boards of the People’s Councils, the groups of People’s Council deputies and individual People’s Council deputies shall, within the ambit of their respective tasks and powers, supervise activities of the People’s Public Security Forces.

2. The Vietnam Fatherland Front and its member organizations shall, within the ambit of their respective tasks and powers, mobilize people of all strata to participate in the “All People Protect the National Security” movement, coordinate and collaborate with, and assist the People’s Public Security Forces in performing their tasks and building the People’s Public Security Forces, and oversee the implementation of the law on the People’s Public Security Forces.

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

The People’s Army and the Militia and Self-Defense force shall closely coordinate with the People’s Public Security Forces in protecting the national security, maintaining the social order and safety, preventing and fighting crimes and law violations related to national security and social order and safety, and building the People’s Public Security Forces.

The Government shall detail this Article.

Article 12.Responsibility of the Government, ministries and ministerial-level agencies for protecting the national security, maintaining the social order and safety, preventing and fighting crimes and law violations and building the People’s Public Security Forces

1. The Government shall perform the unified state management of national security protection, social order and safety maintenance, crime and law violation prevention and fighting, and building of the People’s Public Security Forces; perform tasks and exercise powers in accordance with the Constitution and relevant laws.

2. The Ministry of Public Security shall take responsibility to the Government for the performance of state management of national security protection, social order and safety maintenance, prevention and fighting of crimes and law violations related to national security and social order and safety, and the building of the People’s Public Security Forces.

3. Ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, coordinate with the Ministry of Public Security in performing the state management of national security protection, social order and safety maintenance, prevention and fighting of crimes and law violations related to national security and social order and safety, and the building of the People’s Public Security Forces, and have the following tasks and powers:

a/ To promulgate or submit to competent authorities for promulgation legal documents and documents directing and guiding task performance in accordance with this Law and relevant laws;

b/ To coordinate with the Ministry of Public Security in organizing the implementation of strategies, master plans and plans of the State, national target programs and schemes on security and order according to their assigned tasks;

c/ To assume the prime responsibility for, and coordinate with the Ministry of Public Security and related agencies and organizations in, closely combining socio-economic development, defense and diplomacy with security in formulating and implementing master plans, plans, national target programs and schemes of the sectors and fields under their charge in conformity with the strategies for national security protection, social order and safety maintenance and building of the People’s Public Security Forces;

d/ To participate in building the people’s security and the people’s security posture in association with the all-people’s defense and all-people’s defense posture, building the people’s armed forces in accordance with law and the direction and guidance of competent authorities;

dd/ To assume the prime responsibility for, or coordinate with the Ministry of Public Security in, carrying out periodical or extraordinary examination, inspection, preliminary and final review of the performance of security and order maintenance tasks according to their competence;

e/ To perform other tasks and powers on national security protection, social order and safety maintenance in accordance with law.

Article 13.Responsibilities of People’s Councils and People’s Committees at all levels for activities of protecting the national security, maintaining the social order and safety and building the People’s Public Security Forces

1. People’s Councils at all levels have the following responsibilities:

a/ To decide on measures to ensure the performance of national security protection and social order and safety maintenance tasks in accordance with law;

b/ To decide on policies and orientations on promotion of local potential for building the people’s security and people’s security posture in association with the all-people’s defense and solid all-people’s defense posture, building up potential for national security protection and social order and safety maintenance;

c/ To decide on policies and orientations on building mass organizations participating in security and safety protection in localities; to decide on policies and measures for close combination of security consolidation and enhancement with socio-economic development; socio-economic development with security consolidation and enhancement; combination of security with defense and diplomacy of localities;

d/ To decide on budget funds for the performance of national security protection and social order and safety maintenance tasks of localities;

dd/ To oversee the observance of the Constitution and law as well as the implementation of resolutions of People’s Councils on national security protection and social order and safety maintenance in their localities;

e/ To perform other tasks and exercise other powers on national security protection and social order and safety maintenance as prescribed by law.

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

a/ To promulgate legal documents under their jurisdiction for organization of the performance of national security protection and social order and safety maintenance tasks in accordance with law, resolutions of People’s Councils at the same level and national security protection and social order and safety maintenance tasks assigned by competent authorities; to perform the state management of national security protection and social order and safety maintenance in localities;

b/ To direct and organize the building of the people’s security and people’s security posture in association with the all-people’s defense and solid all-people’s defense posture, building of national security protection and social order and safety maintenance potentials; to organize defense and security education in localities;

c/ To submit to the People’s Councils at the same level budget estimates for the performance of national security protection and social order and safety maintenance tasks; to direct and organize the implementation of resolutions of People’s Councils at the same level on budgets for performance of national security protection and social order and safety maintenance tasks of localities;

d/ To direct local agencies to coordinate with People’s Public Security in performing the tasks of national security protection and social order and safety maintenance in localities, to participate in building the People’s Public Security Forces, assurance of regimes and policies toward the People’s Public Security Forces and mass organizations participating in the protection of local security; to assume the prime responsibility for or coordinate with one another in the construction, management and protection of important national-security facilities in localities;

dd/ To coordinate with the Vietnam Fatherland Front and its member organizations, related agencies and organizations in the performance of tasks of national security protection, social order and safety maintenance and the participation in building the People’s Public Security Forces in localities;

e/ To organize the examination, inspection and settlement of complaints and denunciations, handling of law violations, preliminary and final review, emulation and commendation in the performance of the tasks of national security protection, social order and safety maintenance and building of the People’s Public Security Forces in localities;

g/ To perform other tasks and exercise other powers on national security protection and social order and safety maintenance as prescribed by law.

Article 14.Responsibilities of and regimes and policies applicable to agencies, organizations and individuals that coordinate or collaborate with, or assist, the People’s Public Security Forces

1. Agencies, organizations and individuals operating in the territory of the Socialist Republic of Vietnam and Vietnamese agencies, organizations and citizens in foreign countries have the responsibility to participate in, coordinate and collaborate with, and assist the People’s Public Security Forces in, performing their functions, tasks and powers in accordance with law.

2. Agencies, organizations and individuals participating in, coordinating or collaborating with, or assisting the People’s Public Security Forces in, protecting the national security, maintaining social order and safety, preventing and fighting crimes and law violations shall be protected and kept confidential in accordance with law.

3. Agencies, organizations and individuals that record achievements in the course of participating in, coordinating or collaborating with, or assisting the People’s Public Security Forces in, protecting the national security, maintaining the social order and safety, preventing and fighting crimes and law violations, shall be commended and rewarded, be entitled to have their damaged honor restored and their damaged property compensated; for persons who get wounded or loss of health or lives, they and their families shall be entitled to regimes and policies as prescribed by law.

 

Chapter II

FUNCTIONS, TASKS AND POWERS OF THE PEOPLE’S PUBLIC SECURITY FORCES

Article 15.Functions of the People’s Public Security Forces

The People’s Public Security Forces shall function to advise the Party and the State on the protection of national security, the maintenance of social order and safety, the prevention and fighting of crimes and law violations related to national security and social order and safety; perform the state management of national security protection, social order and safety maintenance and national security and social order and safety-related crime and law violation prevention and fighting; shall prevent and fight plots and activities of hostile forces, crimes and law violations related to national security and social order and safety.

Article 16.Tasks and powers of the People’s Public Security Forces

1. To collect information, analyze, assess and forecast the situation and propose the Party and the State to promulgate and direct the implementation of guidelines, policies, laws and strategies on national security protection, social order and safety maintenance and national security and social order and safety-related crime and law violation prevention and fighting; to participate in appraising and assessing impacts of socio-economic development master plans, plans and projects on national security and social order and safety in accordance with law; to closely combine the tasks of protecting the national security, maintaining social order and safety, preventing and fighting crimes and law violations related to national security and social order and safety with the tasks of socio-economic development; to efficiently combine security activities with defense and diplomatic activities.

2. To actively prevent, detect, stop and frustrate plots and activities of infringing upon the national security, eliminating threats to the national security; to protect the independence, sovereignty, unity and territorial integrity of the Fatherland; to protect the Party, the State, the people and the socialist regime; to protect the political security as well as security in the fields of ideology and culture, economy, national defense, diplomacy, information, social affairs, environment, science and technology; to protect other interests of the nation; to protect the great national unity bloc; to protect the lives, health, honor, dignity, property, democratic freedoms of citizens, the lawful rights and interests of agencies, organizations and individuals.

3. To conduct intelligence activities in accordance with law.

4. To protect high-ranking leaders of the Party and the State, international guests visiting and working in Vietnam; to protect important political, economic, diplomatic, scientific-technical, cultural and social targets; to protect important works related to national security, foreign missions and representative offices of international organizations in Vietnam; to protect individuals keeping or closely associated to state secrets; to protect the transportation of special commodities as prescribed by law.

5. To manage the protection of national security and the protection of state secrets; to assume the prime responsibility for the management of immigration, transit and residence of foreigners in Vietnam; the management of immigration of Vietnamese citizens in accordance with law; and the control of immigration and transit at border gates in accordance with law; to coordinate with the People’s Army, concerned agencies and local administrations in the management and protection of national borders, border gates, islands, sea areas and air space and perform the tasks of protecting the national security and maintaining social order and safety in border areas in accordance with law, treaties to which the Socialist Republic of Vietnam is a contracting party, and relevant international agreements.

6. To manage cyber security, protect cyber security and prevent and combat cybercrimes in accordance with law.

7. To manage crime investigation, prevention and fighting. To assume the prime responsibility for preventing and fighting terrorism and riots and handle complicated circumstances on national security and social order and safety in accordance with law. To actively prevent, detect, stop and combat crimes and  law violations related to social order and safety, environmental protection, natural resources and food safety related to the environment; to receive and settle denunciations and reports on crimes, to propose the initiation of criminal cases; to initiate criminal cases and investigate crimes in accordance with law; to make crime statistics; to identify causes and conditions giving rise to crimes and law violations related to social order and safety and environmental protection and propose remedies; to educate law violators at their communities in accordance with law.

8. To manage the execution of criminal judgments, the execution of custody and detention; to manage prisons, temporary detention camps, custody houses, compulsory education centers and reformatories; to organize the execution of criminal judgments and decisions and implementation of judicial measures; to supervise and educate under-18 delinquents who are exempted from penal liability; to manage persons who are early released from prisons; to carry out the extradition, escort, management of evidence storehouses, protection of court hearings and perform other tasks of legal aid in accordance with law.

9. To manage the sanctioning and handling of administrative violations in the field of national security and social order and safety; to sanction administrative violations and apply administrative handling measures in accordance with law; to maintain security and order during the enforcement of coercive decisions when requested by competent agencies.

10. To manage residence, the national population database and databases on citizens’ identification, seals, traffic order and safety, public order, weapons, explosives, explosive precursors, supporting tools, fire prevention and fighting, and rescue and salvage in accordance with law; to grant and manage citizens’ identity cards and other personal papers; to register, grant and manage motorized road vehicles’ number plates; to carry out fire prevention and fighting, rescue and salvage activities and perform the security and order management of conditional business lines in accordance with law.

11. To assume the prime responsibility for, and coordinate in, the management and dissemination of information and education about the protection of national security, maintenance of social order and safety, prevention and fighting of crimes and law violations related to national security and social order and safety; to guide, examine, inspect and settle complaints and denunciations, handle violations in activities of protecting the national security, maintaining social order and safety and preventing and fighting  crimes and law violations related to national security and social order and safety.

12. To act as the core in building the people’s security and people’s security posture, and promoting the “All People Protect the National Security” movement. To guide agencies and organizations in protecting the internal political security, economic security, ideological and cultural security, cyber security, information and communications security, social security and environmental security.

13. To provide professional and legal knowledge guidance and training to mass organizations participating in the protection of local security and order, and to urban guards, civil defense, and office and enterprise security forces.

14. To take mass agitation, legal, diplomatic, economic, scientific-technical, professional and armed measures to protect the national security, maintain social order and safety, and prevent and fight crimes and law violations related to national security and social order and safety.

15. To use weapons, explosives, supporting tools, forces, technical and other facilities to attack and pursue criminals, to stop persons who are committing crimes or other illegal acts, and to exercise legitimate self-defense in accordance with law.

16. To decide on or propose the suspension or cessation of operation of agencies, organizations or individuals that commit acts causing harms to or threatening to cause harms to national security or social order and safety; to request agencies, organizations or individuals to provide information, documents and/or objects when there are grounds to believe that they are related to activities of infringing upon the national security or social order and safety as prescribed by law. To mobilize or acquisition in accordance with law communications devices, vehicles and other equipment and their users or operators in case of urgency to protect the national security, maintain social order and safety, or avert damage caused to society or likely to occur.

17. To apply national security-protecting and social order and safety-maintaining measures in accordance with law upon occurrence of a state of war, a state of emergency or a danger threatening the national security or social order and safety, but not to the extent for proclaiming a state of emergency.

18. To manage and develop the security industry; to research, apply and utilize scientific, technological and technical achievements in the protection of national security, maintenance of social order and safety, prevention and fighting of crimes and  law violations related to national security or social order and safety, and building of the People’s Public Security Forces.

19. To build the People’s Public Security Forces into revolutionary, regular, elite, incrementally modern forces, giving priority to the modernization of certain forces; to act as the core in protecting the national security, maintaining social order and safety, and preventing and fighting crimes and law violations related to national security and social order and safety.

20. To perform international duties, undertake international cooperation in the struggle against crimes, protection of national security, maintenance of social order and safety and building of the People’s Public Security Forces; to provide criminal legal assistance in accordance with law. The Ministry of Public Security shall act as the central body of the Socialist Republic of Vietnam in the extradition and transfer of prisoners.

21. To perform other tasks and exercise other powers as prescribed by law.

 

Chapter III

ORGANIZATION OF THE PEOPLE’S PUBLIC SECURITY FORCES

Article 17.Organizational system of the People’s Public Security Forces

1. The organizational system of the People’s Public Security is composed of:

a/ The Ministry of Public Security;

b/ Public Security departments of provinces and centrally run cities;

c/ Public Security divisions of rural districts, urban districts, towns or cities of provinces, and cities of centrally run cities.

d/ Public Security offices of communes, wards and townships

2. The Government shall prescribe in detail the building of regular commune or township Public Security forces.

3. In order to meet the requirements on national security protection and social order and safety maintenance, the Minister of Public Security may decide to set up Public Security posts and stations and independent units stationed in necessary geographical areas.

Article 18.Competence to define the functions, tasks, powers and organizational structure of the People’s Public Security Forces

1. The Government shall define the functions, tasks, powers and organizational structure of the Ministry of Public Security.

2. The Minister of Public Security shall define the functions, tasks, powers and organizational apparatus of units attached to the Ministry, Public Security departments of provinces ạnd centrally run cities, Public Security divisions of rural districts, urban districts, towns, provincial cities and municipal cities, Public Security offices of communes, wards and townships, and remaining units in the People’s Public Security Forces.

Article 19.Commanders in the People’s Public Security Forces

1. The Minister of Public Security is the supreme commander of the People’s Public Security Forces.

2. Subordinate public security commanders are answerable to superior public security commanders for the organization and operation of public security units under their charge. Local public security commanders are answerable to superior public security commanders and the Party committees and administrations at the same level.

3. People’s Public Security officers, non-commissioned officers and men with higher positions or ranks are superiors of officers, non-commissioned officers and men with lower positions or ranks.

Officers, non-commissioned officers or men with higher positions but equivalent or lower ranks are superiors of officers, non-commissioned officers or men with equivalent or higher ranks but lower positions.

 

Chapter IV

PEOPLE’S PUBLIC SECURITY OFFICERS, NON-COMMISSIONED OFFICERS AND MEN

Article 20.Classification and arrangement of People’s Public Security officers, non-commissioned officers and men

1. Classified by operation nature, the People’s Public Security Forces have:

a/ Operation officers and non-commissioned officers;

b/ Specialized technical officers and non-commissioned officers;

c/ Service non-commissioned officers and men.

2. The Minister of Public Security shall prescribe in detail the classification and arrangement of People’s Public Security officers, non-commissioned officers and men by operation nature.

Article 21.System of ranks of People’s Public Security officers, non-commissioned officers and men

1. Operation officers and non-commissioned officers:

a/ General officers with 4 ranks:

General;

Senior-Lieutenant General;

Lieutenant General;

Major General.

b/ Field officers with 4 ranks:

Colonel;

Senior-Lieutenant Colonel;

Lieutenant Colonel;

Major.

c/ Company officers with 4 ranks:

Captain;

Senior Lieutenant Captain;

Lieutenant;

Second Lieutenant.

d/ Non-commissioned officers with 3 ranks:

Sergeant major;

Sergeant;

Corporal;

2. Specialized technical officers and non-commissioned officers

a/ Field officers with 3 ranks:

Senior Lieutenant Colonel;

Lieutenant Colonel;

Major.

b/ Company officers with 4 ranks:

Captain;

Senior Lieutenant Captain;

Lieutenant;

Second Lieutenant.

c/ Non-commissioned officers with 3 ranks:

Sergeant major;

Sergeant;

Corporal.

3. Service non-commissioned officers and men:

a/ Service non-commissioned officers with 3 ranks:

Sergeant major;

Sergeant;

Corporal.

b/ Service men with 2 ranks:

First-class private;

Second-class private.

Article 22.Persons eligible, conditions and time limits for consideration of rank bestowal and promotion of People’s Public Security officers, non-commissioned officers and men

1. Persons eligible for rank bestowal consideration:

a/ Allowance-paid cadets of People’s Public Security schools shall be bestowed with ranks upon their graduation as follows:

University: Second lieutenant;

Intermediate-level school: Sergeant;

Cadets graduating with distinction shall be bestowed with a rank one grade higher;

b/ Cadres, civil servants, public employees or graduates from universities or vocational education institutions, who are recruited into the People’s Public Security Forces, shall be bestowed with ranks corresponding to their respective training qualifications, working periods, assigned tasks, and salary grades;

c/ Service men shall be bestowed with the initial rank of second-class private.

2. Conditions for rank promotion consideration:

People’s Public Security officers, non-commissioned officers and men shall be promoted when they fully meet the following conditions:

a/ Fulfilling their tasks and fully satisfying the criteria on political, moral quality, professional qualifications and health;

b/ Their current ranks are lower than the highest ranks prescribed for their current positions or titles;

c/ The rank promotion consideration time limit prescribed in Clause 3 of this Article has been attained.

3. Time limits for rank promotion consideration:

a/ For operation non-commissioned officers and officers:

From Corporal to Sergeant:                         1 year;

From Sergeant to Sergeant Major:                1 year;

From Sergeant Major to Second Lieutenant:          2 years;

From Second Lieutenant to Lieutenant:        2 years;

From Lieutenant to Senior Lieutenant:         3 years;

From Senior Lieutenant to Captain:                                3 years;

From Captain to Major:                                                   4 years;

From Major to Lieutenant Colonel:                                 4 years;

From Lieutenant Colonel to Senior-Lieutenant Colonel:  4 years;

From Senior- Lieutenant Colonel to Colonel:                            4 years;

From Colonel to Major General:                                                4 years

The minimum time limit for a general rank promotion is 4 years.

b/ The Minister of Public Security shall prescribe the time limits for salary raising and rank promotion for specialized technical officers and non-commissioned officers corresponding to the salary levels in the technical profession salary table prescribed by the Government;

c/ The Minister of Public Security shall prescribe the rank promotion time limits for service non-commissioned officers and men;

d/ The period of time during which officers, non-commissioned officers and men study at schools shall be counted into their respective rank promotion time limits; for officers, non-commissioned officers and men who are demoted, if showing improvements, they shall be considered for rank promotion after 1 year from the date of demotion.

4. The age of officers eligible for rank promotion from Colonel to Major General must not exceed 57; cases of rank promotion at a higher age to meet certain requirements shall be decided by the President.

Article 23.Ahead-of-time rank promotion and rank skip promotion

1. People’s Public Security officers, non-commissioned officers and men who record exceptionally outstanding achievements in national security protection, social order and safety maintenance, crime and law violation prevention and fighting, building of the People’s Public Security Forces, scientific research, work or study while their current ranks are lower than the highest ranks prescribed for their current positions or titles may be considered for rank promotion ahead of time.

2. People’s Public Security officers, non-commissioned officers and men who record exceptionally outstanding achievements in national security protection, social order and safety maintenance or  crime and law violation prevention and fighting while their current ranks are 2 grades lower than the highest ranks prescribed for their respective current positions or titles, may be considered for  rank skip promotion, which, however, must not exceed the highest ranks prescribed for their current positions or titles.

3. The President shall decide on ahead-of-time rank promotion and rank skip promotion for general ranks. The Minister of Public Security shall decide on the ahead-of-time rank promotion and rank skip promotion for colonel and lower ranks.

Article 24.Positions and titles of People’s Public Security officers

1. The basic positions of People’s Public Security officers include:

a/ Minister of Public Security;

b/ Department head, commander;

c/ Director of provincial-level Public Security department;

d/ Section head, head of the Public Security division of rural district, urban district, town or city of province, or city of centrally run city; regiment commander;

dd/ Team leader; head of commune, ward or township Public Security office; battalion commander;

e/ Company leader;

g/ Platoon leader;

h/ Squad leader.

2. Positions equivalent to the positions defined at Points b, c, d, dd, e, g and h, Clause 1 of this Article and the remaining titles in the People’s Public Security Forces shall be prescribed by the Minister of Public Security.

3. Operation titles and criteria on operation titles of People’s Public Security officers shall be prescribed by the Minister of Public Security in accordance with law.

Article 25.Highest ranks for positions and titles of People’s Public Security officers

1. The highest ranks for positions of People’s Public Security officers are prescribed as follows:

a/ General: Minister of Public Security;

b/ Senior Lieutenant General: Deputy Minister of Public Security: the number of Senior Lieutenant Generals must not exceed 6;

c/ Lieutenant General: The number of Lieutenant Generals must not exceed 35, including:

Department directors, commanders and equivalent positions of units attached to the Ministry of Public Security, which meet one of the following criteria: Having the functions and tasks of strategic advice and coordination with ministries, ministerial-level agencies and localities; having a hierarchical system of forces, operating on a national scale, directly assuming the prime responsibility for, or participating or coordinating in the performance of the tasks of protecting the national security, maintaining social order and safety, and preventing and fighting crimes; having the function of researching, guiding and managing the operation of the entire force;

Standing Vice Chairman of the Control Commission of the Central Public Security Party Committee;

Director general of the People’s Public Security Political Academy, director general of the People’s Security Academy, and director general of the People’s Police Academy;

Director of Hanoi People’s Public Security Department and director of Ho Chi Minh City People’s Public Security Department;

Seconded People’s Public Security officers approved to hold the position of Vice Chairman of the Defense and Security Committee of the National Assembly or appointed to the position of Deputy Minister or equivalent;

d/ Major General; the number of Major Generals must not exceed 157, including:

Department directors of units attached to the Ministry of Public Security and equivalent positions or titles, except for the cases defined 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 key geographical areas with complicated security and order issues, large natural areas and population. The number must not exceed 11;

Vice Chairmen of the Control Commission of the Central Public Security Party Committee. The number must not exceed 3.

Deputy directors of departments, deputy commanders and the equivalent of units attached to the Ministry of Public Security, defined at Point c, Clause 1 of this Article. The number of these units is 17, each having no more than 4 deputies; other units must not have more than 3 deputies;

Deputy directors of Hanoi Public Security Department, deputy directors of 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 Defense and Security Committee of the National Assembly or appointed to the position of general director or equivalent;

dd/ Colonel: Directors of provincial-level Public Security Departments, excluding the cases defined at Points c and d of this Clause; directors of hospitals attached to the Ministry; principals of People’s Public Security intermediate-level schools;

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; regiment commanders;

g/ Lieutenant Colonel: Team leaders and equivalent; heads of commune, ward or township Public Security offices; battalion commanders;

h/ Major: Company leaders;

i/ Captain: Platoon leaders;

k/ Senior Lieutenant: Squad leaders.

2. The National Assembly Standing Committee shall prescribe the positions and titles with the highest rank being Lieutenant General or Major General, which are not yet prescribed in this Law.

3. Seconded People’s Public Security officers holding positions higher than those defined at Point c, Clause 1 of this Article and special cases of being bestowed or promoted to the general rank shall be decided by competent authorities.

4. Section heads and equivalent in units attached to the Ministry’s Office, having the function and tasks of direct combat, advice, research, provision of professional and operational guidance for the entire force; heads of advisory or operation sections; heads of district-level Public Security offices under Hanoi Public Security Department or Ho Chi Minh City Public Security Department may have the highest rank which is one grade higher than the rank defined at Point c, Clause 1 of this Article.

5. The Minister of Public Security shall prescribe the highest rank of field officer or company officer for officers holding the remaining positions or titles in the People’s Public Security.

Article 26.Competence to bestow, promote, demote and strip of ranks, raise salaries for officers, non-commissioned officers and men; to appoint to, remove from, dismiss, and demote from positions; to appoint to and remove from titles in the People’s Public Security Forces

1. The President shall bestow and promote to the general rank for People’s Public Security officers.

2. The Prime Minister shall appoint the position of Deputy Minister of Public Security; and decide to raise salaries for the ranks of General and Senior-Lieutenant General.

3. The Minister of Public Security shall decide to raise salaries for the ranks of Lieutenant General and Major General; prescribe the rank bestowal, promotion, and salary raising for the remaining ranks and the appointment to the remaining positions and titles in the People’s Public Security Forces.

4. Persons competent to bestow and promote to any rank are also competent to demote or strip of such rank; shall promote or demote only 1 rank grade each time, except for special cases, they may consider multi-degree rank promotion or demotion. Persons competent to appoint any position are also competent to remove, dismiss or demote officers from such position. Persons competent to appoint any title are also competent to remove officers from such title.

Article 27.Procedures for rank bestowal, promotion, demotion and stripping in the People’s Public Security Forces

1. The Prime Minister shall propose the President to bestow, promote, demote and strip of the general rank.

The general-rank bestowal, promotion, demotion and stripping for seconded People’s Public Security officers shall be made at the proposal of agencies or organizations where they are seconded to and of the Minister of Public Security.

2. The Minister of Public Security shall prescribe the procedures for bestowal, promotion, demotion and stripping of ranks of field officer, company officer, non-commissioned officers and men.

Article 28.Transfer of People’s Public Security officers, non-commissioned officers and men

1. Persons competent to appoint any position are also competent to transfer the holder of such position.

2. People’s Public Security officers, non-commissioned officers and men shall submit to the transfer by competent authorities.

Article 29.Seconding of People’s Public Security officers

1. Based on the requirements of national security protection, social order and safety maintenance or crime and law violation prevention and fighting, competent authorities may decide to second People’s Public Security officers to work at agencies or organizations outside the People’s Public Security Forces in accordance with law.

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

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

3. Agencies or organizations where People’s Public Security officers are seconded to shall assign tasks to, and keep confidential and ensure working and living conditions for, the seconded officers in accordance with law.

4. The Government shall detail this Article.

Article 30.Service age limits of People’s Public Security non-commissioned officers and officers

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

a/ Non-commissioned officers: 45;

b/ Company officers: 53;

c/ Major, Lieutenant Colonel: 55 for men, 53 for women;

d/ Senior-Lieutenant Colonel: 58 for men, 55 for women;

dd/ Colonel: 60 for men, 55 for women;

e/ General rank: 60.

2. The service age limits of officers holding positions or titles in the People’s Public Security forces shall be prescribed by the Minister of Public Security, which, however, must not exceed the highest service age limits prescribed in Clause 1 of this Article, except for the cases defined in Clause 4 of this Article.

3. If public security units demand, the officers defined at Points b and c and the male officers defined at Point d, Clause 1 of this Article can work beyond their service age limits under regulations of the Minister of Public Security but not after the age of 60 years for men and 55 years for women if they are fully qualified, skilled in profession and operation, physically fit and willing.

4. People’s Public Security officers being professors, associate professors, doctors or senior experts may have their service age limits prolonged beyond 60 for men and 55 for women as prescribed by the Government.

5. People’s Public Security officers may retire when fully meeting the law-prescribed conditions; they may retire ahead of retirement ages prescribed in Clause 1 of this Article. In case they do not yet satisfy all the law-prescribed conditions for retirement but the People’s Public Security forces no longer demand their service or cannot transfer them to civilian agencies or they volunteer to retire after having served for full 25 years, for men, or full 20 years in the People’s Public Security Forces,

Article 31.Obligations and responsibilities of People’s Public Security officers, non-commissioned officers and men

1. To be absolutely loyal to the Fatherland, the People, the Party and the State.

2. To strictly abide by the policies and lines of the Party, the policies and laws of the State, the statutes of the People’s Public Security Forces, and directives and orders of superiors.

3. To be honest, brave, vigilant and ready to fight and fulfill all assigned tasks.

4. To respect and protect the legitimate rights and interests of agencies, organizations and individuals; to keep close contact with people; to be dedicated to serve the people, respect and be polite to the people.

5. To regularly study to raise their political, legal, scientific-technical, professional qualifications; to temper their revolutionary quality, sense of organization and discipline and physical strength

6. To be accountable to law and superiors for their own orders, for the execution of their superiors’ orders and the performance by their subordinates. Upon receiving orders of commanders, if having grounds to believe that such orders are unlawful, they shall immediately report them to the order issuers; in case they have to abide by the orders, they shall not be held responsible for the consequences of the execution of such orders and promptly report them to the immediate superiors of the order issuers.

Article 32.Prohibited acts of People’s Public Security officers, non-commissioned officers and men

1. Taking advantage of or abusing their assigned positions and powers to infringe upon the interests of the State or the legitimate rights and interests of organizations and individuals.

2. Acts against the law and statutes of the People’s Public Security and prohibited acts of cadres, civil servants and public employees as prescribed by law.

 

Chapter V

ASSURANCE OF CONDITIONS FOR THE OPERATION OF AND REGIMES AND POLICIES TOWARD THE PEOPLE’S PUBLIC SECURITY FORCES

Article 33.Assurance of funds and material and technical foundations for the operation of the People’s Public Security Forces

1. The State shall assure conditions on budget and material and technical foundations for activities of protecting the national security, maintaining social order and safety, preventing and fighting crimes and law violations and building the People’s Public Security Forces, comprising financial investment, furnishing of weapons, explosives, supporting tools, equipment, technical facilities, other facilities, land, offices, constructions, industrial facilities and other material and technical conditions.

2. In case of necessity to protect the national security, maintain social order and safety and prevent and combat crimes and law violations, the State shall mobilize scientific, technological and technical resources to serve the operation of the People’s Public Security Forces, including:

a/ Transfer of technologies, results of scientific research and technological development;

b/ Assurance of material and technical foundations for training, coaching and scientific research establishments of the People’s Public Security Forces;

c/ Assurance of information potential, databases, scientific, technological and technical materials;

d/ Reinforcement and training of scientific and technological workers to serve activities of protecting the national security, maintaining social order and safety and preventing and combating crimes and law violations.

3. For weapons, explosives, supporting tools, equipment, professional and technical facilities and other facilities serving the operation of the People’s Public Security Forces which cannot be manufactured at home yet or fail to fully meet the demands, the Minister of Public Security shall propose the Prime Minister to decide on the import thereof in accordance with law.

4. The Government shall detail Clauses 1 and 2 of this Article.

Article 34.Security industry

1. Security industry constitutes a component of defense and security industry, serving the national security protection, social order and safety maintenance, crime and law violation prevention and fighting and the building of the People’s Public Security Forces.

2. The State shall adopt policies and peculiar mechanisms on building and planning of development of the security industry; invest in research, manufacture and repair of weapons, explosives, supporting tools, equipment, professional and technical facilities and other facilities serving the national security protection, social order and safety maintenance and crime and law violation prevention and fighting.

3. The Ministry of Public Security is responsible to the Government for performing the prime responsibility for, and coordinating with relevant ministries, ministerial-level agencies, offices and organizations in, building and developing the security industry.

4. The Government shall detail this Article.

Article 35.Furnishing of weapons, explosives, supporting tools, equipment, technical facilities and other facilities

The People’s Public Security Forces shall be furnished by the State with weapons, explosives, supporting tools, equipment, technical facilities and other facilities suitable to their assigned tasks.

Article 36.People’s Public Security uniforms, insignias, banners, rank stripes, badges and identity cards

People’s Public Security uniforms, insignias, banners, rank stripes and identity cards shall be prescribed by the Government.

Article 37.Policies on training of People’s Public Security officers, non-commissioned officers and men

1. People’s Public Security officers, non-commissioned officers and men shall be trained in politics, law, profession, operation and other necessary knowledge suitable to their assigned tasks; be encouraged and facilitated by the State to develop their talents to serve in the People’s Public Security Forces.

2. The State shall adopt priority policies on training of People’s Public Security officers, non-commissioned officers and men who are ethnic minority people.

Article 38.Salaries, allowances, and housing and working conditions for People’s Public Security officers, non-commissioned officers and men

1. Salary and allowance regimes applicable to People’s Public Security officers, non-commissioned officers and men shall be prescribed by the Government. Salaries of officers and non-commissioned officers working under the professional regime shall be calculated according to their respective positions, titles and ranks, suitable to the nature and tasks of the People’s Public Security Forces; seniority allowances shall be calculated according to their respective salary levels and duration of service in the People’s Public Security Forces. People’s Public Security Forces officers, non-commissioned officers and men are entitled to subsidies and allowances like cadres and civil servants having the same working conditions and to peculiar subsidies and allowances applicable to People’s Public Security forces.

2. People’s Public Security officers, if simultaneously holding different positions and/or titles, are entitled to the benefits applicable to the highest position and/or title and to allowances for simultaneously holding other positions and/or titles in accordance with law.

3. People’s Public Security officers are entitled to retain the benefits of their current positions and/or titles when they are assigned to hold lower positions and/or titles due to work requirements or organizational and staff restructuring in accordance with law.

4. People’s Public Security officers, when being removed from their positions and/or titles, enjoy the benefits applicable to new positions and/or titles.

5. People’s Public Security officers, non-commissioned officers and men shall be provided with barrack lodging and working and living conditions suitable to their work and assigned tasks.

6. Operation officers and specialized technical officers are entitled to housing allowances, provided with official-duty housing; People’s Public Security officers, non-commissioned officers and men shall be entitled to social-house support policies as prescribed by law.

Article 39.Healthcare for Public Security officers, non-commissioned officers, men, cadets, workers and their relatives

1. Public Security officers, non-commissioned officers, men, cadets and workers shall be provided with healthcare; when suffering injuries, diseases, accidents or occupational risks far from registered primary medical examination and treatment establishments or suffering diseases which cannot be treated by People’s Public Security medical establishments, they shall be given medical examination and treatment at other medical establishments, enjoy free hospitalization and other regimes as prescribed by law.

2. Blood parents and lawful fosterers; blood parents and lawful fosterers of wives or husbands; wives or husbands; offspring, and lawfully adopted children aged under 18  years of People’s Public Security officers, non-commissioned officers, men or cadets, who do not have health insurance, shall be given health insurance by the People’s Public Security Forces, and be entitled to medical examination and treatment at medical establishments in accordance with law.

3. Blood parents and lawful fosterers; blood parents and lawful fosterers of wives or husbands; wives or husbands; offspring, and lawfully adopted children aged under 18 years of public security workers who do not have health insurance, shall be given health insurance and medical examination and treatment at medical establishments according to the Government’s regulations.

4. The State shall provide funds for implementation of provisions of Clauses 1 and 2 of this Article.

Article 40.Leave regime applicable to public-security officers, non-commissioned officers, men and workers

1. Public-security officers, non-commissioned officers, men and workers in active-duty service may take leaves under the provisions of the Labor Code and the regulations of the Minister of Public Security.

2. Public-security officers and non-commissioned officers working under the professional regime and workers who cannot take annual leaves due to task requirements, shall, apart from their salaries, be additionally paid a sum of money equal to the salaries paid for the working days.

Article 41.Regimes and policies applicable to People’s Public Security officers, non-commissioned officers and men who retire, are transferred to civilian agencies, demobilized, get diseased, sacrifice their lives or pass away

1. Retired People’s Public Security officers are entitled the following benefits:

a/ Pensions calculated under the provisions of Clause 1, Article 38 of this Law and provisions of the law on social insurance;

b/ If retiring before reaching their service ages prescribed in Clauses 1, 2 and 3, Article 30 of this Law due to changes in organization or payroll or employment demand, they may, apart from the social insurance benefits as prescribed by the law on social insurance, be entitled to a lump sum allowance according to the Government’s regulations;

c/ People’s Public Security uniforms, public security insignia, rank stripes, badges on festive days, meetings and traditional festivals of the People’s Public Security Forces;

d/ Conditions provided by local administrations to stabilize their lives; if having no houses yet, they are entitled to housing support policies as prescribed by law;

dd/ Health insurance benefits as prescribed by law, and medical examination and treatment corresponding to their respective ranks, positions or titles before retirement at medical establishments of the People’s Public Security Forces under regulations of the Minister of Public Security.

2. Transferred People’s Public Security officers, non-commissioned officers are entitled to the following benefits:

a/ State-guaranteed necessary professional and skill training for officers, non-commissioned officers transferred due to organizational requirements;

b/ Salaries and seniority allowances at the time of transfer for at least 18 subsequent months;

c/ The benefits specified at Point c, Clause 1 of this Article;

d/ In case of being re-mobilized into the People’s Public Security Forces, the duration of working as civil servants shall be counted into their continuous working time for rank promotion consideration and working seniority calculation purposes;

dd/ Upon retirement, seniority allowances calculated according to their service duration in the People’s Public Security Forces and current salary levels; if the current salaries are lower than their salaries at the time of transfer, their salaries at the time of transfer shall be used for calculation of their pensions in accordance with law.

3. Demobilized People’s Public Security officers and non-commissioned officers are entitled to the following benefits:

a/ Job-creation allowance and lump-sum allowance under the Government’s regulations;

b/ The benefits specified at Points c and d, Clause 1 of this Article;

c/ If they have rendered service in the People’s Public Security Forces for full 15 years or more, medical examination and treatment at People’s Public Security medical establishments when they suffer from ailments according to regulations of the Minister of Public Security.

4. Upon their demobilization, People’s Public Security officers and non-commissioned officers who are diseased combatants are entitled to the benefits specified at Points c and d, Clause 1 of this Article and other benefits as prescribed by law.

5. People’s Public Security officers and non-commissioned officers who have once been directly engaged in combat, combat service or worked in difficulty-hit areas or special occupations for a period of time may have such period of time counted for the purpose of enjoyment of benefits when they retire from service in the People’s Public Security Forces in accordance with law.

6. If working officers, non-commissioned officers or men of the People’s Public Security Forces lay down their lives, their relatives are entitled to benefits as prescribed by the law on preferential treatment of people with meritorious services to the revolution, the social insurance benefits as prescribed by the law on social insurance and lump-sum allowances according to the Government’s regulations.

7. If working officers, non-commissioned officers or men of the People’s Public Security Forces pass away, their relatives are entitled to the social insurance benefits as prescribed by the law on social insurance and to the lump-sum allowances according to the Government’s regulations.

Article 42.Regimes and policies applicable to public-security cadets, workers, service non-commissioned officers, men and relatives of service non-commissioned officers and men

1. People’s Public Security cadets are entitled to the allowances, regimes and policies as prescribed by law for non-commissioned officers and men.

2. Public-security workers are entitled to the regimes and policies as those applicable to defense workers.

3. Service non-commissioned officers and men are entitled to the regimes and policies prescribed for non-commissioned officers and men being in active-duty service in the people’s armed forces; upon the expiry of their service duration, they may be given vocational training allowances or job creation allowances and the priority when sitting examinations for entrance into People’s Public Security schools, and entitled to other regimes and policies according to the Government’s regulations.

Relatives of service non-commissioned officers or men are entitled to the regimes and policies prescribed for relatives of non-commissioned officers and men in active-duty service in the people’s armed forces.

 

Chapter VI

COMMENDATION, AND HANDLING OF VIOLATIONS

Article 43.Commendation

1. People’s Public Security officers, non-commissioned officers and men and public-security workers who record merits or achievements in combat or work shall be considered for conferment of orders, medals, honorable state titles and other forms of commendation as prescribed by law.

2. Agencies, organizations and individuals that join, coordinate and collaborate with or assist the People’s Public Security Forces in protecting the national security, maintaining social order and safety, preventing and fighting crimes and law violations shall be considered for commendation commensurate with their merits in accordance with law.

Article 44.Handling of violations

1. People’s Public Security officers, non-commissioned officers and men and public-security workers who breach discipline and commit law violations shall be disciplined, administratively sanctioned or examined for penal liability, depending on the nature and severity of their violations; if causing damage to the health or lives of other persons, property or assets or lawful interests of agencies, organizations or individuals, they shall pay compensations therefor in accordance with law.

2. People’s Public Security officers, non-commissioned officers and men may not use public security uniforms, insignias, rank stripes and badges when they are subject to institution of criminal cases, held in custody or detained; if they are striped of the People’s Public Security honorable title, they shall have their rank stripes, public-security insignias and badges striped of.

3. Individuals, agencies or organizations that commit acts of jeopardizing, bullying, hurting the honor and dignity of, People’s Public Security officers, non-commissioned officers or men, opposing, destroying or seizing equipment, documents, weapons, explosives and supporting instruments, or hindering activities of People’s Public Security officers, non-commissioned officers or men who are on duty, shall, depending on the nature and severity of their violations, be handled in accordance with law.

4. Individuals, agencies or organizations committing acts of evading, opposing, obstructing the performance of the obligation to join the People’s Public Security Forces shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability in accordance with law.

 

Chapter VII

IMPLEMENTATION PROVISIONS

Article 45.Effect

1. This Law takes effect on July 1, 2019, except for the cases prescribed in Clause 2 of this Article.

2. The provisions of this Law concerning the highest rank being the general rank; on general rank bestowal, promotion, demotion, and stripping; appointment to, removal or dismissal from, and demotion of positions with the highest rank being the general rank, will take effect on January 11, 2019.

3. Law No. 73/2014/QH13 on the People’s Public Security Forces will cease to be effective on the effective date of this Law.

Article 46.Transitional provisions

1. For communes and townships where regular public security offices have been organized:

a/ The provisions of Point a, Clause 3, Article 61 of Law No. 22/2008/QH12 on Cadres and Civil Servants shall not apply;

b/ The provisions on tasks and powers of provincial-level People’s Councils toward commune public security officers at Point c, Clause 7, Article 19 of Law No.77/2015/QH13 on Organization of Local Administrations shall not apply;

c/ Holders of part-time commune public security titles appointed or posted under Ordinance No. 06/2008/PL-UBTVQH12 on Commune Public Security Forces, who give up their tasks and are employed to participate in maintaining local security and order shall be entitled to the regimes and policies under Ordinance No. 06/2008/PL-UBTVQH12 on Commune Public Security Forces pending the issuance of other legal documents.

2. For communes and townships where regular public security offices have not been organized yet, their commune public security forces shall still comply with relevant provisions of Ordinance No. 06/2008/PL-UBTVQH12 on Commune Public Security Forces, Law No. 22/2008/QH12 on Cadres and Civil Servants, and Law No. 77/2015/QH13 on Organization of Local Administration.

This Law was passed on November 20, 2018, by the XIVthNational Assembly of the Socialist Republic of Vietnam at its 6thsession.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN

 



[1]Công Báo Nos 1137-1138 (23/12/2018)

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