Joint Circular No. 100/2010/TTLT-BQP-BCA guiding the implementation of certain provisions of Government Decree No. 74/2010/NĐ-CP dated July 12, 2010 on cooperation between the People's Militia and the Public Security Police at commune, ward, and town levels in maintaining political security, public order, and social safety.

JOINT CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 74/2010/NĐ-CP dated July 12, 2010 of the Government on Coordination of Activities Between Civil Defense Forces and Public Security Forces at Communes, Wards, and Towns in Safeguarding Political Security, Order, and Social Safety

____________________________________________

Pursuant to Decree No. 74/2010/NĐ-CP dated July 12, 2010 of the Government stipulating coordination of activities between civil defense forces and public security forces at communes, wards, and towns, forest rangers, and other forces in safeguarding political security, order, and social safety, and in protecting forests;

Pursuant to Decree No. 104/2008/NĐ-CP dated September 16, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

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

The Ministry of National Defense and the Ministry of Public Security provide guidelines on coordination of activities between civil defense forces and public security forces at communes, wards, and towns in safeguarding political security, order, and social safety as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides Point c Clause 2, Clause 3 Article 3; Point a Clause 4, Point a Clause 5, Point b Clause 6 Article 4; Clause 3 Article 8; Clause 2 Article 20 of Decree No. 74/2010/NĐ-CP dated July 12, 2010 of the Government stipulating coordination of activities between civil defense forces and public security forces at communes, wards, and towns, forest rangers, and other forces in safeguarding political security, order, and social safety, and in protecting forests (hereinafter referred to as Decree No. 74/2010/NĐ-CP) regarding the establishment of plans for coordinated activities in safeguarding political security, order, and social safety; information exchange; meetings; inspection; mid-term and final reviews; coordination of activities in safeguarding political security, order, and social safety when the locality enters a state of emergency in national defense, implementing martial law and curfew between civil defense forces and public security forces at communes, wards, and towns.

Article 2. Applicability

1. Relevant agencies and units under the Ministry of National Defense and the Ministry of Public Security.

2. State agencies, political organizations, socio-political organizations, public service units, economic organizations (hereinafter collectively referred to as agencies and organizations) that organize self-defense forces; Military Command Departments of central ministries and departments, Military Commands of agencies and organizations at the grassroots level; Military Commands, Public Security Units at communes, wards, and towns (hereinafter collectively referred to as commune level).

3. Core civil defense forces and public security forces at the commune level.

Article 3. Plan for Coordinated Activities

1. Plan for Coordinated Activities in Times of Peace

a) Content of the Plan

- Assessment of the situation related to the task of safeguarding political security, order, and social safety;

- Contents, timeframes, and forces involved in coordinating the implementation of specific tasks: information exchange; mobilizing the people to participate in the nationwide movement to protect national security, building safe bases in terms of political security, order, and social safety; patrolling and guarding to maintain political security, order, and social safety; training and exercises on political security, order, and social safety; implementing tasks to prevent, combat, and mitigate the consequences of natural disasters, epidemics, search and rescue operations, environmental protection; internal political security work; management of weapons, explosives, and auxiliary tools; combating crime; resolving situations (disputes, complaints with acts violating the law; activities destroying state, collective, and individual property; political riots; armed riots);

- Assurance measures;

- Organization of implementation and command assignment.

b) Responsibility for Building the Plan:

The Head of the Public Security Unit at the commune level shall take the lead in coordinating with the Commander of the Military Command at the same level to build a plan for coordinated activities between the public security force and the civil defense force at the commune level in safeguarding political security, order, and social safety according to the contents specified in Point a Clause 1 of this Article; jointly sign and bear responsibility; submit for approval by the Chairman of the People's Committee at the same level and report to the Public Security Department at the district level, the military agency at the same level.

2. Plan for Coordinated Activities When the Locality Enters a State of Emergency in National Defense, Implementing Martial Law, and Curfew

The Ministry of Public Security assigns the competent agency to take the lead in coordinating with the General Staff of the Ministry of National Defense to guide the content of the plan for coordinated activities between civil defense forces and public security forces at the commune level in safeguarding political security, order, and social safety when the locality enters a state of emergency in national defense, implementing martial law, and curfew.

Chapter II

COORDINATION OF ACTIVITIES IN SAFEGUARDING POLITICAL SECURITY,

ORDER, AND SOCIAL SAFETY IN TIMES OF PEACE

Article 4. Content and methods of information exchange

1. Content:

a) The public security force at the commune level exchanges with the self-defense militia forces information on criminal activities, natural disasters, social evils related to the cooperation between the two forces in maintaining political security, public order, and social safety within their jurisdiction;

b) The self-defense militia forces exchange with the public security force at the commune level information on political security, public order, social safety, the situation of the people, and other relevant information obtained through the activities of the self-defense militia forces.

2. Methods:

a) The self-defense militia forces, through the performance of their functions and duties, regularly monitor the political security, public order, and social safety situation within their jurisdiction to report to the Village Team Leader, Hamlet Team Leader, Village Team Leader, Clan Team Leader, Phum Team Leader, Sóc Team Leader, Ward Team Leader, Group Team Leader (hereinafter referred to collectively as the Village Team Leader) and the direct commander;

b) Public security officers and soldiers at the commune police station, public security ward, public security personnel, Village Team Leaders, and the direct commanders of the self-defense militia forces regularly monitor and exchange information related to the cooperation between the two forces in maintaining political security, public order, and social safety within their jurisdiction to report to their direct commanders (Head of Commune Police Station, Commander-in-Chief of the Military Command Post at the same level);

c) Based on the information gathered and the notifications and directives from superiors, the Head of the Commune Police Station exchanges with the Commander-in-Chief of the Military Command Post at the same level information related to the cooperation between the two forces in maintaining political security, public order, and social safety; reports to the Party Committee, local government, and public security and military agencies at the county level (except for information and situations that must be reported immediately, reported beyond levels, and confidential information).

Article 5. Briefing Meetings

1. Briefing meetings on the coordination of activities between the self-defense militia forces and the public security force at the commune level once a week.

2. Content:

a) Information related to the maintenance of political security, public order, and social safety within the jurisdiction, as reported by superiors and other forces;

b) Directives from military agencies, public security agencies at various levels, and the Party Committee and local government regarding the coordination between the self-defense militia forces and the public security force at the commune level in performing tasks to maintain political security, public order, and social safety within the jurisdiction;

c) Results of the coordination between the self-defense militia forces and the public security force at the commune level and other forces in maintaining political security, public order, and social safety, including: monitoring the situation, exchanging information, advising the Party Committee and local government on policies and measures for leadership and direction; results of implementing coordinated activities to maintain political security, public order, and social safety by the forces;

d) Tasks, contents, and measures to enhance the effectiveness of coordination in maintaining political security, public order, and social safety by the self-defense militia forces and the public security force at the commune level in the subsequent period;

đ) Proposals and recommendations to the Party Committee and local government and higher-level public security and military agencies regarding the maintenance of political security, public order, and social safety by the self-defense militia forces and the public security force at the commune level.

3. Methods:

a) Before the briefing meeting

The Head of the Commune Police Station hosts and coordinates with relevant agencies and organizations to collect the information specified in Clause 2 of this Article to prepare the content for reporting; determines the program, participants, location, time, and support work; agrees with the Commander-in-Chief of the Military Command Post at the commune level, reports to the Chairman of the People's Committee at the same level, and convenes the participants of the briefing meeting; the Commander-in-Chief of the Military Command Post at the commune level is responsible for providing relevant information to the Head of the Commune Police Station to prepare the report; coordinates with the Head of the Commune Police Station to conduct preparatory work for the briefing meeting;

b) During the briefing meeting

The Head of the Commune Police Station and the Commander-in-Chief of the Military Command Post at the same level take turns hosting the briefing meeting; the host organizes the meeting, presents the report, listens to reports, maintains discussions, concludes, and resolves issues raised by the forces under their command.

c) After the briefing meeting

The Head of the Commune Police Station, in coordination with the Commander-in-Chief of the Military Command Post at the commune level, completes the content of the briefing meeting, reports to the Chairman of the People's Committee at the same level, jointly signs and takes responsibility for reporting to the Party Committee and local government at the commune level, public security and military agencies at the county level, and informs relevant organizations.

Article 6. Inspection

1. Functional agencies under the Ministry of Public Security and public security agencies at various levels shall take the lead in coordinating with functional agencies under the Ministry of National Defense and military agencies at the same level to inspect the coordination work between the public security force at the commune level and the self-defense militia forces in performing tasks to maintain political security, public order, and social safety according to regular or ad hoc schedules.

2. Inspection targets:

a) Public security agencies, military agencies at the provincial and district levels related to the inspection;

b) People's Committees, public security agencies, and military command posts at the commune level; heads and military command posts of agencies and organizations based in the commune;

c) Commune-level public security forces, self-defense militia forces; self-defense forces belonging to agencies and organizations based in the commune.

3. Content of inspection:

a) Implementation of superior policies and issuance of guiding documents and organization of the coordination work between the public security force at the commune level and the self-defense militia forces in maintaining political security, public order, and social safety;

b) Direction and management of the coordination work between the public security force at the commune level and the self-defense militia forces in performing tasks to maintain political security, public order, and social safety;

c) Advisory and implementation work by the public security agency and military command post at the commune level, and military command posts of agencies and organizations at the grassroots level in the coordination between the public security force at the commune level and the self-defense militia forces in performing tasks to maintain political security, public order, and social safety.

d) The results of the coordination activities between the communal police force and the self-defense militia and other forces implementing the following contents: information exchange; mobilizing the people to participate in the nationwide movement for national security protection, building safe bases in terms of political security, public order, and social safety; patrolling and guarding to maintain political security, public order, and social safety; training and drills on political security, public order, and social safety; performing tasks to prevent, combat, and mitigate the consequences of natural disasters, epidemics, search and rescue operations, and environmental protection; internal political security work; management of weapons, explosives, and auxiliary tools; combating crime; resolving situations (disputes, complaints with acts violating the law; activities destroying state, collective, and people's property; political riots; armed riots).

4. Inspection plan:

a) The inter-sectoral inspection plan of the Ministry of Public Security and the Ministry of National Defense shall be drafted and jointly signed by the competent agencies of the two Ministries, who will bear responsibility for it.

b) The inter-sectoral inspection plan of the public security organs and military organs at all levels shall be proposed by the competent agencies of the two sectors, submitted for signature and responsibility by the leaders of the public security organs and the commanders of the military organs at the same level.

5. Organization of inspection teams:

a) The inter-sectoral inspection team of the Ministry of Public Security and the Ministry of National Defense includes: commandants, officers from the functional agencies, related agencies of the two Ministries, representatives of the Military Region Commanders, the Capital Military Region Command (inspecting units and localities within their respective regions), the Border Guard Command (inspecting units and localities where border guard units operate), relevant military branches and corps, and representatives of relevant General Departments under the Ministry of Public Security in the area.

b) The inter-sectoral inspection team of the public security organs and military organs at all levels includes: the Chief Commander or Deputy Chief Commander, Director or Deputy Director, Head of Public Security or Deputy Head of Public Security, officers from the public security organs and military organs at all levels, representatives of the Border Guard, representatives of the functional agencies under the Ministry of Public Security in the area, and representatives of relevant departments, sectors, and mass organizations at the same level.

Article 7. Mid-term Review

1. Content of mid-term review:

a) The situation of coordination between the communal police force, the self-defense militia, and other forces in performing tasks to maintain political security, public order, and social safety;

b) Evaluation of strengths, weaknesses, and causes in the coordination work among forces in performing tasks to maintain political security, public order, and social safety;

c) Determining directions, contents, and methods to organize the coordination work between the communal police force and the self-defense militia in performing tasks to maintain political security, public order, and social safety in the subsequent period;

d) Proposing and recommending policies, measures, and initiatives to higher authorities regarding the coordination work among forces in performing tasks to maintain political security, public order, and social safety.

2. Methods of mid-term review:

a) Organizing a mid-term review meeting on the coordination work between the self-defense militia and the communal police force in maintaining political security, public order, and social safety, or evaluating this work in the mid-term report on defense, military, and security work at the grassroots level;

b) The Head of the Communal Police Office shall cooperate with the Chief of the Commune People's Militia Headquarters to prepare the content and assist the Chairman of the People's Committee at the same level in organizing the mid-term review.

Article 8. Summary

1. Content of the summary:

a) Implementation of the contents as prescribed in Clause 1, Article 7 of this Circular;

b) Awarding commendations to collectives and individuals with achievements in coordinating activities to maintain political security, public order, and social safety.

2. Methods for summarizing:

a) Organizing a conference to summarize the coordination of activities between the self-defense militia forces and the police at the commune level in maintaining political security, public order, and social safety;

b) The Head of the Police Force at the commune level shall develop a summary plan, prepare the report content; coordinate with the Chief of the Military Command Board at the commune level, the Chief of the Military Command Board of agencies and organizations, and the Chief of the Self-Defense Forces with offices located within the commune to report to the same-level Party Committee and People's Council; the Military Command Board at the commune level shall be responsible for providing relevant information to prepare the report and cooperate in implementing preparatory work according to the plan;

c) After the summary conference, the Head of the Police Force at the commune level shall cooperate with the Chief of the Military Command Board at the commune level to complete the report, submit it to the Chairman of the same-level People's Council for approval, and jointly bear responsibility before reporting to the same-level Party Committee and administrative authorities, and the public security and military agencies at the district level, while simultaneously notifying related organizations.

Chapter III

COORDINATION OF ACTIVITIES TO MAINTAIN POLITICAL SECURITY, PUBLIC ORDER, AND SOCIAL SAFETY WHEN THE BASE TRANSITIONS INTO A STATE OF NATIONAL DEFENSE EMERGENCY AND IMPLEMENTATION OF MILITARY LAW ORDERS, STRICT REGULATIONS

PART I

COORDINATION OF ACTIVITIES WHEN THE BASE TRANSITIONS INTO

A STATE OF NATIONAL DEFENSE EMERGENCY

Article 9. Responsibilities of the self-defense militia forces

1. The Chief of the Military Command Board at the commune level, the Military Command Board of agencies and organizations at the grassroots level:

a) Grasp, compile, and evaluate the situation of political security, public order, and social safety in the area and report to the superior military agency; coordinate with the Head of the Police Force at the commune level to advise the same-level Party Committee, administrative authorities, and heads of agencies and organizations on policies and measures to ensure political security, public order, and social safety; review, adjust, and supplement plans to ensure political security, public order, and social safety in the area;

b) Organize forces under their command to apply special measures as stipulated in Decree No. 74/2002/NĐ-CP dated August 21, 2002 of the Government detailing the implementation of certain provisions of the Emergency Situation Ordinance when there is a serious threat to national security, public order, and social safety.

2. The self-defense militia forces:

a) Deploy forces to protect assigned targets;

b) Coordinate with the police force at the commune level and other forces in the area to search and eliminate armed reactionary organizations;

c) Participate in special task teams led by the military to educate and mobilize organizations and individuals to strictly comply with regulations on national defense emergencies; detect, prevent, and apprehend individuals violating regulations on national defense emergencies; eliminate armed reactionary forces.

Article 10. Responsibilities of the police force at the commune level

1. The Head of the Police Force at the commune level:

a) Grasp, compile, and evaluate the situation of political security, public order, and social safety in the area and report to the superior public security agency; lead and coordinate with the Chief of the Military Command Board at the commune level, the Military Command Board of agencies and organizations with offices in the area, and the heads of departments and mass organizations at the same level to advise the same-level Party Committee and administrative authorities on policies and measures to ensure political security, public order, and social safety; review, adjust, and supplement plans to ensure political security, public order, and social safety in the area;

b) Organize forces under their command to perform tasks as prescribed in Clause 2, Article 9 of this Circular.

2. Police officers and village guards:

a) Fully understand the development of the situation of political security, public order, and social safety in the assigned area, compile, and report to the Head of the Police Force at the commune level; manage political subjects, criminal offenders, and social evils effectively;

b) Be ready to perform tasks as prescribed in Clause 2, Article 9 of this Circular upon being mobilized by competent authorities.

PART II

COORDINATION OF ACTIVITIES WHEN THERE IS A MILITARY LAW ORDER

Article 11. Responsibilities of the People's Militia Self-Defense Force

1. The Chief of the Military Command Board at the commune level, the Military Command Board of agencies and organizations at the grassroots level:

a) Grasping, compiling, evaluating the political security situation and social order and safety in the locality, and reporting to the superior military authority; coordinating with the Head of the Police Station at the commune level to review, adjust, and supplement plans for ensuring political security and social order and safety in the locality;

b) Taking the lead in coordinating with the Head of the Police Station at the commune level and heads of various departments, sectors, and mass organizations to advise the commander of the military unit authorized to assign tasks to implement the State of Emergency Decree to reorganize the communal administrative apparatus; proposing a list of militia cadres under direct management at the village level;

c) Advising the Party Committee, government, and heads of agencies and organizations at the same level on policies and measures to address violations of laws related to the State of Emergency Decree; directly commanding forces under their jurisdiction to implement measures as stipulated in Article 15 of Decree No. 32/2009/ND-CP dated April 3, 2009, of the Government detailing implementation of certain provisions of the Law on Defense regarding emergency situations, martial law, and curfew (hereinafter referred to as Decree No. 32/2009/ND-CP), and performing actions immediately following the lifting of the State of Emergency Decree according to Article 17 of Decree No. 32/2009/ND-CP.

2. The self-defense militia forces:

a) Militia cadres designated to directly manage and command at the village level shall perform functions and powers according to the direction of the commander of the military unit authorized to assign tasks to implement the State of Emergency Decree;

b) Strengthening protection of assigned targets, creating conditions for militia self-defense forces and police units dispatched by authorized authorities to deploy forces to implement the State of Emergency Decree;

c) Coordinating with forces in the locality to implement measures as stipulated in Article 15 of Decree No. 32/2009/ND-CP.

Article 12. Responsibilities of the Commune Level Police Force

1. The Head of the Police Force at the commune level:

a) Grasping, compiling, evaluating the political security situation and social order and safety in the locality, and reporting to the superior police authority; taking the lead in coordinating with the Commander of the Military Command Post at the commune level and the Military Command Post of agencies and organizations at the grassroots level to review, adjust, and supplement plans for coordinated activities between the commune-level police force and the People's Militia Self-Defense Force in ensuring political security and social order and safety in the locality;

b) Coordinating with the Commander of the Military Command Post at the commune level and heads of various departments, sectors, and mass organizations to advise the commander of the military unit authorized to assign tasks to implement the State of Emergency Decree to reorganize the communal administrative apparatus;

c) Advising the Party Committee and government at the same level on policies and measures to address violations of laws related to the State of Emergency Decree; organizing forces under their jurisdiction to coordinate with the People's Militia Self-Defense Force and other forces to implement measures as stipulated in Article 15 of Decree No. 32/2009/ND-CP and performing actions immediately following the lifting of the State of Emergency Decree according to Article 17 of Decree No. 32/2009/ND-CP.

2. Police officers and village guards:

a) Grasping and reporting the political security situation and social order and safety in the assigned area to the Head of the Police Station at the commune level; taking the lead in coordinating with forces to implement measures to maintain political security and social order and safety in the area;

b) Strengthening protection of assigned targets, creating conditions for the People's Militia Self-Defense Force, military, and police units dispatched by authorized authorities to deploy forces to implement the State of Emergency Decree;

c) Coordinating with forces to implement measures as stipulated in Article 15 of Decree No. 32/2009/ND-CP.

PART III

COOPERATION IN ACTIVITIES WHEN THERE IS A CURFEW ORDER

Article 13. Responsibilities of the Self-Defense Militia Force

1. The Chief Commander of the Military Command of the commune, the Military Command of the agency or organization at the grassroots level.

Cooperate with the Head of the Police Station of the commune to grasp, compile, and unify the assessment of the political security situation, public order, and social safety in the area, and report to the Party Committee, administrative authorities, and heads of agencies or organizations at the same level; simultaneously report to the higher-level military authority; advise the Party Committee, administrative authorities, and heads of agencies or organizations at the same level on policies and measures for resolution.

2. The self-defense militia forces:

a) Strengthen forces to protect assigned targets, creating conditions for military and police units dispatched by competent authorities to implement the Curfew Order;

b) Cooperate with military and police units at guard posts;

c) Participate in apprehending individuals who violate the Curfew Order, handing them over to competent authorities as prescribed by law.

Article 14. Responsibilities of the Commune Police Force

1. The Head of the Police Station of the commune

Take the lead in grasping and compiling the political security situation, public order, and social safety in the area, unifying with the Chief Commander of the Military Command of the commune, the Military Command of the agency or organization at the grassroots level within the area, and reporting to the Party Committee, administrative authorities, while also reporting to the higher-level police authority; advise the Party Committee, administrative authorities on policies and measures for resolution.

2. Police officers and village guards:

a) Protect assigned targets, creating conditions for military and police units dispatched by competent authorities to implement measures under Article 19 of Decree No. 32/2009/NĐ-CP;

b) Ensure security and safety for military and police units to perform their tasks at guard posts;

c) Participate in apprehending individuals who violate the Curfew Order, handing them over to competent authorities as prescribed by law.

Chapter IV

IMPLEMENTATION

Article 15. Effective Date

This Circular takes effect from September 8, 2010.

Previous regulations of the Ministry of National Defense and the Ministry of Public Security that conflict with this Circular are hereby abolished.

Article 16. Responsibility for Implementation

Chiefs of agencies and units under the Ministry of National Defense and the Ministry of Public Security; heads of central ministries and sectors; People's Committees at all levels; Military Commands of central ministries and sectors, Military Commands of agencies and organizations at the grassroots level, Military Commands of communes, and Commune Police Stations are responsible for implementing this Circular.

In the course of implementation, if there are difficulties, agencies, units, and localities shall promptly report to the Ministry of National Defense and the Ministry of Public Security for consideration and resolution./.