Decree-Law No. 06/2008/PL-UBTVQH12 on Village Police

ORDINANCE

Rural Police

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BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

Pursuant to Resolution No. 11/2007/QH12 of the National Assembly on the Program for Legislative Work during the Twelfth Session (2007-2011) and for the year 2008;

The Standing Committee of the National Assembly promulgates the Ordinance on Rural Police.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Ordinance stipulates the functions, tasks, powers, organization, and activities of Rural Police; the responsibilities of agencies, organizations, and individuals, and the system of regulations and policies concerning Rural Police.

Article 2. Applicability

This Ordinance applies to Rural Police and agencies, organizations, and individuals within the territory of Vietnam.

Article 3. Position and Functions of Rural Police

1. Rural Police is a semi-professional armed force under the organizational system of the People's Public Security, serving as the core in the movement of all people protecting national security and social order and safety in their communes.

2. Rural Police has the function of advising the Party Committee and the People's Committee at the same level on work related to ensuring national security, social order, and safety in their communes; implementing management functions over national security, social order, and safety, measures to prevent and combat criminal offenses and other violations of laws concerning national security, social order, and safety in their communes as prescribed by law.

Article 4. Principles of Organization and Operation of Rural Police

1. Rural Police is directly and comprehensively led by the Party Committee, managed and directed by the People's Committee at the same level, and guided and instructed in professional matters by higher-level Public Security authorities.

2. The operation of Rural Police must comply with the Constitution and laws; subordinates must obey superiors; rely on the people and be subject to people's supervision.

Article 5. Building the Rural Police Force

1. Vietnamese citizens who meet the political criteria, moral qualities, educational qualifications, and health standards as prescribed by the Government, have a willingness and aptitude suitable for police work may be considered and selected for Rural Police.

2. The State has preferential policies for building, training, and developing the Rural Police Force, ensuring stable employment; providing incentives and ensuring operational conditions for Rural Police.

3. Agencies, organizations, military units, and all citizens have the duty to participate in building the Rural Police Force.

Article 6. Supervision of Rural Police Activities

1. Agencies of the National Assembly, Delegations of National Assembly Members, National Assembly Deputies, People's Councils, and People's Council Deputies at various levels within their respective duties supervise the implementation of laws on Rural Police.

2. The Vietnam Fatherland Front and its member organizations have the responsibility to cooperate, assist Rural Police in performing their tasks; supervise Rural Police activities; mobilize all strata of the people to participate in the movement of all people protecting national security.

Article 7. Coordination between Rural Police and Agencies, Organizations, Individuals, and Military Units in Ensuring National Security, Social Order, and Safety

1. Rural Police takes the lead and coordinates with Self-Defense Militia, People's Army units, Public Security forces, and organizations within the commune to perform tasks of protecting national security, social order, and safety in the commune.

2. Military units, organizations, and individuals within the commune have the responsibility to coordinate, cooperate, and assist Rural Police in performing their tasks.

Article 8. Prohibited Acts

1. Organizing and using the Rural Police Force contrary to the provisions of this Ordinance.

2. Impersonating Rural Police.

3. Resisting or obstructing Rural Police in the performance of their duties.

4. Producing, selling, or using firearms, auxiliary tools, uniforms, insignias of Rural Police illegally.

5. Taking advantage of the performance of tasks and powers of Rural Police to cause inconvenience, harassment to the people, infringing upon the interests of the State, and the legitimate rights and interests of organizations and individuals.

6. Other acts violating the law related to the organization and activities of Rural Police.

Chapter II

TASKS, POWERS AND ORGANIZATION OF RURAL POLICE

Article 9. Tasks and Authorities of the Commune Police

1. Grasping the situation regarding security, public order, and social safety within the commune, proposing to the Party Committee, the People's Committee at the same level, and the superior police agency on policies, plans, and measures to ensure security, public order, and social safety, and organizing the implementation of such policies, plans, and measures.

2. Serving as the core in building mass movements for national security protection; disseminating and popularizing policies, laws concerning security, public order, and social safety; guiding, inspecting, and urging agencies, organizations, and individuals to comply with legal regulations on security, public order, and social safety within the commune according to their authority.

3. Advising the Commune People's Committee and implementing legal provisions on managing and educating subjects required to serve custodial sentences, suspended imprisonment, and those sentenced to conditional suspended sentences residing within the commune; managing individuals granted amnesty, post-drug rehabilitation individuals, and those who have completed their prison terms but are subject to continued management under legal provisions.

4. Leading and coordinating with other agencies, organizations, and forces in preventing, detecting, and combating criminal activities and social evils as prescribed by law; protecting security, public order, and social safety; safeguarding the lives and property of individuals, agencies, and organizations within the commune.

5. Implementing legal provisions on residence management, identity cards, and other travel documents; managing explosive materials, weapons, auxiliary tools, firefighting equipment, environmental protection; managing security and public order for business sectors with special conditions within the commune according to the classification provided, and guidance from the Minister of Public Security.

6. Receiving, classifying, and handling cases showing signs of violations of laws on security, public order, and social safety within the commune according to their authority; inspecting persons, objects, personal documents, seizing weapons and dangerous tools from individuals committing offenses in person; organizing emergency medical care for victims, securing the scene, and immediately reporting to competent authorities; preparing initial files, taking statements from victims and witnesses, collecting and preserving evidence according to legal provisions and guidance from the Minister of Public Security; providing files, materials, evidence, and information collected and facilitating conditions for competent authorities to verify and handle cases.

7. Organizing the arrest of individuals caught committing crimes, those with arrest warrants, and those being sought who are hiding within the commune; escorting arrested individuals to the superior police agency.

8. Imposing administrative penalties; preparing files to propose other administrative measures against individuals violating laws within the commune according to legal provisions and guidance from the Minister of Public Security.

9. Requesting agencies, organizations, and individuals within the commune to cooperate in activities, provide information, and perform tasks related to ensuring security, public order, and social safety.

10. In urgent situations, for rescuing injured people, rescue operations, chasing individuals caught committing crimes, those with arrest warrants, mobilizing personnel and means of transportation from organizations and individuals, and returning the mobilized means immediately when the situation ends and promptly reporting to the Chairman of the People's Committee at the same level.

If there is damage to property, compensation must be made according to legal provisions; if the mobilized individual suffers injury or death while performing the task, they will be handled according to state policy.

11. Using weapons, auxiliary tools, and implementing certain police work methods as prescribed by law and guidance from the Minister of Public Security to protect security, public order, and social safety within the commune.

12. Participating in implementing recruitment and hiring into the People's Armed Forces; training and rehearsing defense, security, rescue, disaster relief, and other serious accident response plans.

13. Building a clean and strong Commune Police force politically, organizationally, and professionally.

14. Performing other tasks as prescribed by law.

Article 10. Organization of Village Police

1. Village Police consists of the positions of Village Chief of Police, Deputy Village Chief of Police, and Village Police Officer. Village Police Officers are assigned to villages, hamlets, towns, wards, communes, villages, and are arranged to perform regular duties at the police station or workplace of the Village Police.

2. The Government shall prescribe the framework for the number of Deputy Village Chiefs of Police and Village Police Officers. Based on the Government's prescribed framework and the actual situation of the locality, the People's Committee of the province or centrally governed city (hereinafter referred to collectively as provincial level) shall submit to the Provincial People's Council for decision on the specific number of Deputy Village Chiefs of Police and Village Police Officers for each village.

3. After exchanging and reaching consensus with the Chairman of the Village People's Committee, the Chief of County Police, District Police, City Police under Province, or City Police under Province (hereinafter referred to collectively as county level) shall propose to the Chairman of the County People's Committee to appoint, dismiss, transfer, or remove the Village Chief of Police; and to appoint, dismiss, or remove the Deputy Village Chief of Police. The Chairman of the Village People's Committee shall decide on recognizing, dismissing Village Police Officers based on the proposal of the Village Chief of Police.

4. In cases where necessary, for the requirement of protecting national security, public order, and social safety, the Director of Provincial Police, after exchanging and reaching consensus with the Chairman of the County People's Committee, shall decide to transfer officers and non-commissioned officers of the National Police Force to assume the positions of Village Police.

5. Village Police shall have its own seal.

Article 11. Duties and Powers of Village Chief of Police

The Village Chief of Police is responsible for organizing the implementation of the duties and powers of Village Police as stipulated in Article 9 of this Ordinance; he/she is accountable under the law, to the same-level People's Committee, and to higher-level Police for the activities of Village Police.

Article 12. Duties and Powers of Deputy Village Chief of Police

The Deputy Village Chief of Police assists the Village Chief of Police in performing tasks according to the division of labor by the Village Chief of Police; when the Village Chief of Police is absent, the Deputy Village Chief of Police is authorized by the Village Chief of Police to perform the duties and powers of the Village Chief of Police.

Article 13. Duties and Powers of Village Police Officer

The Village Police Officer performs tasks according to the division of labor by the Village Chief of Police; he/she is responsible for implementing policies, plans, measures to ensure national security, public order, and social safety in the residential area under his/her responsibility, and performs other tasks related to ensuring national security, public order, and social safety as assigned by the Village Chief of Police.

Chapter III

ENSURING THE OPERATIONS AND POLICIES FOR VILLAGE POLICE

Article 14. Ensuring Financial Resources and Material Bases for Village Police Operations

1. The financial resources serving the operations of Village Police include the central budget and local budget.

2. The State ensures financial resources and material bases for the operations, training, education, and implementation of policies and other necessary conditions for Village Police.

3. The Government shall specify in detail the budget expenditure to ensure the operations of Village Police.

Article 15. Workplace and Equipment of Village Police

1. Village Police shall have a dedicated office or workplace suitable for the conditions and requirements of ensuring national security, public order, and social safety at the grassroots level.

2. Village Police shall be equipped with weapons, support tools, files, registers, and other necessary equipment and means of transportation according to the provisions of the law. Weapons, support tools, and equipment of Village Police must be registered, managed, and used in accordance with the provisions of the law and guidelines of the Minister of Public Security.

Article 16. Uniforms, insignia, certificates for Village Police

The Head of Village Police, Deputy Head of Village Police, and Village Police Officers shall be equipped with and use uniforms, insignia, and certificates for Village Police in accordance with the regulations of the Government.

Article 17. Training, instruction, and enhancement for Village Police

1. The Head of Village Police and Deputy Head of Village Police must undergo training and enhancement in accordance with the regulations of the Government.

2. Annually, the Head of Village Police, Deputy Head of Village Police, and Village Police Officers shall receive instruction and enhancement in political knowledge, laws, and professional skills according to the program prescribed by the Minister of Public Security.

Article 18. Salary and allowances for Village Police

1. The Head of Village Police shall receive salary and allowances as stipulated by law.

2. The Deputy Head of Village Police and Village Police Officers shall receive monthly allowances. The Government shall prescribe the range of allowance levels for the Deputy Head of Village Police and Village Police Officers. The Provincial People's Committee shall base on the Government's regulations and local realities to submit specific allowances to the same-level People's Council for decision.

Article 19. Benefits and policies for Village Police

1. The Head of Village Police, Deputy Head of Village Police, and Village Police Officers shall implement social insurance and health insurance in accordance with the provisions of the law.

2. The Head of Village Police who has continuously worked for at least 60 months shall receive seniority allowances; if they retire due to legitimate reasons before meeting retirement conditions after working continuously for at least 15 years, they shall receive a one-time allowance.

3. The Deputy Head of Village Police and Village Police Officers who have continuously worked for at least 15 years and retire due to legitimate reasons shall receive a one-time allowance.

4. When the Deputy Head of Village Police and Village Police Officers are assigned to concentrated training, instruction, and enhancement in politics, laws, and professional skills, they shall receive subsistence allowances equivalent to the basic food allowance of limited-term serving soldiers in the People's Public Security Forces; when on duty, they shall receive travel expenses.

5. The Head of Village Police, Deputy Head of Village Police, and Village Police Officers who perform regular standby duties in areas classified as key and complex in terms of security and public order shall receive benefits as prescribed.

6. If the Head of Village Police, Deputy Head of Village Police, and Village Police Officers are injured or killed while performing their duties, they shall receive benefits and policies as prescribed by the law on preferential treatment for those who have contributed to the revolution; during their service period, if the Deputy Head of Village Police and Village Police Officers fall ill, they shall be examined and treated at medical facilities and may be supported with examination and treatment costs from the local budget.

The Government shall specify this provision.

Chapter IV

STATE MANAGEMENT OF VILLAGE POLICE

Article 20. State Management of Village Police

1. The Government shall uniformly manage state affairs concerning Village Police.

2. The Ministry of Public Security shall be responsible before the Government for managing state affairs concerning Village Police.

Article 21. Responsibilities of the Ministry of Public Security

1. Propose the Government to promulgate or promulgate within its authority and organize the implementation of legal normative documents concerning Village Police.

2. Specify and direct the deployment of officers and non-commissioned officers of the People's Public Security Force to assume Village Police positions.

3. Prescribe programs, contents, timeframes, and organize training and enhancement in politics, laws, and professional skills for Village Police.

4. Direct and guide professional activities for Village Police; prescribe quantities, types, and guide management and use of weapons, auxiliary tools, and equipment for Village Police.

5. Direct, guide, and inspect People's Committees at all levels regarding the management, construction, and guaranteeing operational conditions for Village Police, and the implementation of benefits and policies for the Head of Village Police, Deputy Head of Village Police, and Village Police Officers.

6. Inspect, audit, resolve complaints and grievances; reward and handle violations in accordance with the law; suspend or revoke, within its authority, or recommend competent authorities to suspend or revoke regulations concerning Village Police that contravene the law.

Article 22. Responsibilities of Ministries and Ministerial-Level Agencies

Ministries and agencies at the ministerial level, within their respective tasks and powers, shall cooperate with the Ministry of Public Security to manage state affairs concerning Village Police as prescribed by this Ordinance and other relevant laws.

Article 23. Responsibilities of People's Committees at all levels

People's Committees at all levels, within their respective tasks and powers, shall manage state affairs concerning Village Police as prescribed by this Ordinance and other relevant laws, including:

1. Organize propaganda, dissemination, and education on laws concerning Village Police;

2. Implement legal regulations concerning Village Police;

3. Perform management functions, directing organization and activities of Village Police within their authority and in accordance with guidance from higher-level Public Security organs; arrange offices or workplaces for Village Police; allocate funds to ensure the operation of Village Police and implement benefits and policies for the Head of Village Police, Deputy Head of Village Police, and Village Police Officers;

4. Inspect, audit, resolve complaints and grievances; reward and handle violations in accordance with the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 24. Effective Date

1. The provisions of this Ordinance shall apply to Market Town Police where regular police organizations have not been established.

2. This Ordinance shall take effect from July 1, 2009.

Article 25. Detailed regulations and guidance on implementation

The Government and competent authorities shall issue detailed regulations and provide guidance on the implementation of the provisions assigned in this Ordinance; they shall also provide guidance on other necessary contents of this Ordinance to meet the requirements of state management./.