Circular No. 08/2013/TT-BCA on the organization and operation of public security forces building mass movements and responsible for villages in terms of security and order

CIRCULAR
Provisions on the organization and operation of public security forces building mass movements
and responsible for villages in terms of security and order
 

Pursuant to the Law on People's Public Security Forces 2005;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director General of the Traffic Police Administration under the Ministry of Public Security,

The Minister of Public Security promulgates this Circular stipulating the organization and operation of public security forces building mass movements and responsible for villages in terms of security and order under the Public Security Department at the district level.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the position, functions, principles of operation, tasks, powers, organization, working procedures, work relations, policies, and equipment of public security forces building mass movements and responsible for villages in terms of security and order under the Public Security Department at the district level.

Article 2. Applicability

This Circular applies to:

1. Public security forces building mass movements and responsible for villages in terms of security and order under the Public Security Department at the district level;

2. Public security units and localities;

3. Agencies, organizations, and individuals related to the activities of public security forces building mass movements and responsible for villages in terms of security and order.

Article 3. Position and Functions

1. Public security forces building mass movements and responsible for villages in terms of security and order belong to the People's Police force, working in communes and towns where regular public security forces are not stationed (hereinafter referred to collectively as communes).

2. Public security forces building mass movements and responsible for villages in terms of security and order have the function of organizing the implementation of plans and measures to build mass movements for national security protection, build commune-level public security forces; monitor, grasp situations, and handle cases related to security and order; coordinate to guide, inspect, and urge commune-level public security forces to perform their tasks as prescribed; directly implement measures according to laws and regulations of the Ministry of Public Security to protect security and order in commune areas.

Article 4. Principles of Operation of Public Security Forces Building Mass Movements and Responsible for Villages in Terms of Security and Order

1. Adhering to this Circular, the Regulations of the People's Public Security Force, and relevant laws.

2. Ensuring unified command and direction from higher-level public security forces.

3. Strictly prohibiting the abuse of assigned duties and powers to harass, cause inconvenience, or infringe upon the legitimate rights and interests of agencies, organizations, and individuals.

Chapter II

SPECIFIC PROVISIONS

Article 5. Organization of Public Security Forces Building Mass Movements and Responsible for Villages in Terms of Security and Order

1. Personnel engaged in mass movement building and village security and order responsibilities belong to the establishment of the Team for Mass Movement Building and Village Security and Order Responsibility or the Administrative Management Team for Social Order under the Public Security Department at the district level (where the Team for Mass Movement Building and Village Security and Order Responsibility has not been established).

2. The establishment of personnel for public security forces building mass movements and responsible for villages in terms of security and order shall be decided by the Director of the Provincial or Central City Public Security Department, ensuring the allocation of one officer to oversee one to two communes in stable security and order areas; allocating one officer to oversee one commune in border, remote, and far-flung areas; and allocating two or more officers to oversee one commune in key and complex areas regarding security and order.

3. Based on actual circumstances, the Head of the Public Security Department at the district level will arrange public security forces building mass movements and responsible for villages in terms of security and order in clusters. Each cluster consists of at least three officers assigned to oversee adjacent communes to support each other in work and living arrangements; ensuring accommodation, food, and workspace for officers. The Head of the Public Security Department at the district level assigns one experienced officer as Cluster Leader to oversee and grasp the overall situation of the cluster's work.

Article 6. Standards for cadres engaged in mass movement construction and village security and public order management

1. Cadres engaged in mass movement construction and village security and public order management must meet the following standards:

a) Hold a secondary level police education or equivalent or higher. For cadres who graduated from non-police institutions, they must undergo supplementary police training.

b) Have at least one year of continuous practical work experience in the police force;

c) Have been trained in administrative police management related to social order. In cases where they have not undergone such specialized training, they must be provided with supplementary training according to the content and program of the General Bureau of Administrative Police Management for Social Order and Public Safety;

d) Possess the ability to mobilize the masses and work independently.

2. Cadres who have not completed their disciplinary period or are currently under disciplinary review shall not be assigned or arranged to engage in mass movement construction and village security and public order management.

Article 7. Responsibilities of the Team Leader and cadres engaged in mass movement construction and village security and public order management

1. The Team Leader of the Mass Movement Construction and Village Security and Public Order Team or the Team Leader of the Administrative Police Management for Social Order Team is responsible for inspecting and urging cadres engaged in mass movement construction and village security and public order management to fulfill their duties and powers as prescribed and bear responsibility before the Head of the County Police for all activities of the mass movement construction and village security and public order management team. The Deputy Leader assists the Leader, performs tasks as assigned by the Leader, and acts on behalf of the Leader when authorized.

2. Cadres engaged in mass movement construction and village security and public order management perform tasks as assigned by the Team Leader; proactively organize the implementation of policies, measures, and plans to ensure security and public order in their jurisdiction.

Article 8. Tasks of the Mass Movement Construction and Village Security and Public Order Management Team

1. Implement measures for mass movement construction to protect national security and build village police forces including:

a) Guide and monitor village police forces in implementing policies, plans, and measures for mass movement construction to protect national security as directed and guided by higher-level police authorities; build models of mass movement construction to protect national security within the village.

b) Build and consolidate villages that are strong in security and public order, participate in classifying villages. Based on classification results, propose measures to transform weak areas.

c) Build a strong village police force, regularly review and assess the quantity and quality of Village Police Chiefs, Deputy Chiefs, and Village Police Officers; advise and propose plans to higher-level police leadership, Party Committees, and Village People's Councils to strengthen, improve, and organize training and supplementary education to enhance political, legal, and professional competence of village police forces.

2. Grasp the situation regarding security and public order in the village including:

a) The situation regarding geographical features, population, customs, traditions, culture, religion, ethnicity; difficulties and obstacles in people's lives related to security and public order.

b) The implementation of the Party's guidelines and policies, state laws and regulations; public opinion, wishes, concerns, and suggestions of the people and violations in the implementation of policies, laws, and regulations at the local level.

c) Suspicious activities that infringe upon national security; propaganda, incitement, and encouragement to cause disturbances, illegal gatherings, and unlawful assemblies.

d) Activities and suspicious manifestations related to criminal, economic, drug, social evil, gang, and complex security and public order hotspots and other law violations.

đ) Complex petition situations involving large groups and overstepping levels; internal conflicts and disputes among the people that negatively impact political security and social order and safety.

e) Other situations related to security and public order occurring in the area.

3. Carry out basic investigative work, specifically:

a) Conduct basic investigation of the area, surveillance work, and the establishment and utilization of secret informants' networks according to the regulations of the Ministry of Public Security and guidance from higher-level police authorities.

b) Cooperate in carrying out basic investigative work of the National Security Force according to the regulations of the Ministry of Public Security and guidance from higher-level police authorities.

4. Coordinate with relevant forces to manage and educate the following types of individuals:

a) Criminal, economic, and drug-related individuals as defined by the Ministry of Public Security and guided by higher-level police authorities.

b) Individuals managed according to operational requirements.

5. Resolve law violation incidents occurring in the area: Classify the nature and severity of incidents occurring in the area to proactively advise, propose, and coordinate with relevant agencies, units, and forces to resolve them according to the law and guidance from higher-level police authorities; promptly identify issues related to security and public order and report to higher-level police leadership for appropriate handling.

6. Guide, inspect, and urge village police forces to fulfill their functions, tasks, and powers as prescribed, specifically:

a) Grasp the situation regarding security and public order in the village.

b) Implement administrative management related to social order; manage and educate various types of individuals as prescribed by law and guided by higher-level police authorities.

c) Prepare files to propose the application of administrative handling measures against individuals meeting the conditions; impose administrative penalties according to the law.

d) Participate in protecting crime scenes; apprehend individuals committing crimes in the act, wanted persons, and those evading execution of sentences; escort arrested individuals to higher-level police authorities.

đ) Prevent and combat crime and social evils; participate in rescue operations, firefighting, and environmental protection.

e) Perform other tasks and powers as prescribed by the Village Police Ordinance and related laws.

7. Perform other tasks within the functions of the Public Security force responsible for building mass movements and overseeing security and public order in communes, as assigned by higher-level Public Security authorities.

Article 9. Powers of the Public Security force responsible for building mass movements and overseeing security and public order in communes

1. Be authorized to use weapons, support tools, and apply investigative measures in accordance with the provisions of the law and the Ministry of Public Security.

2. Participate in apprehending, searching persons, objects, and means of transportation; escorting individuals who have committed criminal acts or those being sought for arrest to the nearest police station or People's Committee for handling according to the provisions of the law.

3. Inspect identification documents, luggage, and means of transportation of individuals suspected of violating the law; require violators to report to the commune police station for processing according to the law.

4. Mobilize people and means of transportation, communication devices of individuals and organizations (excluding those of diplomatic agencies and international organizations) for rescue operations, pursuit of suspects committing crimes in flagrante delicto, those being sought for arrest, or those evading judgment execution, or for participating in rescue operations and handling urgent situations; immediately return the means when such situations no longer exist and bear responsibility for their decisions. In cases where mobilized means are lost or damaged, report to the team commander to take appropriate measures to address and compensate according to regulations.

5. Other powers as prescribed by law.

Article 10. Work Procedures and Working Relationships

1. Work procedures are stipulated as follows:

a) Staff engaged in building mass movements and overseeing security and public order in communes shall establish annual work targets, weekly and monthly work programs, report to the team commander for approval; implement information and reporting systems as prescribed.

b) Must be present at the assigned area; time spent working at the district police station for meetings, unit briefings, writing reports, and studying materials should not exceed one-third of the working time (monthly for border areas, remote and far-flung regions, weekly for other areas).

c) Shall be entitled to compensatory leave on weekends, holidays, and festivals; in case of leave, illness, or other emergencies, the team commander must assign nearby staff to assume responsibilities during their absence; upon job transfer, rotation, or long-term study leave, handover procedures must be carried out as prescribed.

2. Working relationships are stipulated as follows:

a) Staff engaged in building mass movements and overseeing security and public order in communes shall be directly under the command and management of the team commander; comply with professional guidance and directives from superior specialized agencies.

b) With respect to the Party Committee and People's Committee of the commune, it involves cooperative relations and advisory roles in organizing the implementation of tasks to ensure security and public order in the area.

c) With respect to the commune police station, it involves directive and professional guidance, inspection, and supervision of the commune police station in performing its duties as prescribed.

d) With respect to agencies, units, enterprises, and economic and social organizations located in the area, it involves guidance, inspection, and cooperation in implementing legal provisions concerning the maintenance of security and public order.

Article 11. Information Reporting System

1. Periodic reports shall be conducted in accordance with Circular No. 46/2009/TT-BCA(C11) dated July 22, 2009, issued by the Minister of Public Security on the regulations and guidance for using forms in the work of Ward Police and Rural Police responsible for security and public order (hereinafter referred to as Circular No. 46/2009/TT-BCA(C11)), specifically as follows:

a) Report on the situation and results of the work of the Public Security force building mass movements and responsible for security and public order according to Form KV10.

b) Statistical report on the situation of the Public Security force building mass movements and responsible for security and public order according to Form KV11.

2. Emergency Reports

a) The Public Security force building mass movements and responsible for security and public order must immediately report to the competent authority on the following situations and cases:

- Activities opposing the people's administration; propaganda, incitement, instigation, and provocation of the people to cause disturbances, gather in large groups, and other complex cases related to national security.

- Criminal cases, signs of the formation of criminal gangs, and complex hotspots concerning social order and safety.

- Complex petition cases involving many people and exceeding jurisdictional levels.

- Results of apprehending or discovering individuals with arrest warrants, individuals evading execution of sentences, and individuals committing criminal offenses.

- Foreign nationals and overseas Vietnamese residing or working in the area under responsibility who exhibit suspicious behavior violating the law.

b) Reporting shall be carried out according to Forms KV5, KV6, and KV7 issued together with Circular No. 46/2009/TT-BCA(C11). In urgent cases, reporting may be done by telephone but must subsequently be reported according to the aforementioned forms.

3. Special reports shall be conducted when requested by the superior business guidance agency and directed by the Head of the County Public Security Office.

Article 12. Training and Self-improvement of the Public Security Force Building Mass Movements and Responsible for Security and Public Order

1. Regularly study and thoroughly understand the Party's policies and guidelines, state laws and regulations, relevant provisions of the Ministry of Public Security, local party committees, and administrative bodies; continuously learn and improve political resilience, professional skills, legal knowledge, moral character, strictly implement the Internal Regulations, Six Points of President Ho Chi Minh's Teachings to the People's Public Security, and other campaigns and movements within the People's Public Security.

2. Every three years, the Provincial or Central City Social Order Administrative Management Police Department shall organize quality checks on the work of cadres engaged in mass movement construction and security and public order responsibilities according to the guidance content of the National Social Order and Safety Administrative Management Police Bureau.

Article 13. Policy and Equipment Provisioning System

1. Cadres engaged in mass movement construction and security and public order responsibilities shall be guaranteed policy and benefits as prescribed by law; encouraged and prioritized for training to enhance their capabilities and professional qualifications; in cases where they work in areas with ethnic minorities, conditions shall be created for them to learn ethnic languages, and in border areas, conditions shall be created for them to learn neighboring country languages to improve work efficiency.

2. The Public Security force building mass movements and responsible for security and public order shall be guaranteed standards and quotas for equipment provision as prescribed by the Ministry of Public Security.

Chapter III

IMPLEMENTATION

Article 14. Effective Date

This Circular takes effect from March 20, 2013, and replaces Decision No. 1561/2006/QĐ-BCA(C11) dated September 12, 2006, issued by the Minister of Public Security on the organizational structure and operation of the Public Security force responsible for security and public order in rural areas.

Article 15. Responsibility for Implementation

1. The National Social Order and Safety Administrative Management Police Bureau shall take the lead and coordinate with the National Popular Movement Construction Department to monitor and inspect the implementation of this Circular.

2. The National Social Order and Safety Administrative Management Police Bureau shall be responsible for guiding the implementation of the provisions of Clause 2, 3, 4, 5, 6, and 7, Article 8 of this Circular.

3. The National Popular Movement Construction Department shall be responsible for guiding the implementation of the provisions of Clause 1, Article 8 of this Circular.

4. The heads of the General Directorates, heads of units directly under the Ministry, Provincial or Central City Public Security Directors, Provincial or Central City Fire Prevention and Fighting Directors, and related organizations and individuals shall be responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, local police units shall report to the Ministry (through the Administrative Management of Public Order and Social Safety Bureau) for timely guidance.