Decree No. 12/2007/NĐ-CP on citizens serving for a limited term in the People's Public Security Forces

DECREE

Regulations on citizens serving for a limited term in the People's Public Security Forces

__________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Public Security Law dated November 29, 2005;

Considering the proposal of the Minister of Public Security.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the subjects, criteria, procedures for selection, and treatment and policies for citizens serving for a limited term in the People's Public Security Forces.

Article 2. Scope of Application

This Decree applies to organizations and citizens of the Socialist Republic of Vietnam.

Article 3. Rights and obligations of citizens serving for a limited term in the People's Public Security Forces

1. Citizens have the right and obligation to serve for a limited term in the People's Public Security Forces.

2. Citizens are exempt from performing military service during their period of serving for a limited term in the People's Public Security Forces and after discharge; they enjoy the prescribed treatment and policies during their service and after discharge.

3. Citizens are responsible for strictly implementing decisions of competent authorities and the Regulations of the People's Public Security Forces when called upon to serve for a limited term in the People's Public Security Forces.

4. Within fifteen days from the date of discharge, non-commissioned officers and soldiers must bring their discharge files and papers to the Military Command Board of the district where they reside to register for reserve status.

Chapter II

SPECIFIC PROVISIONS

Article 4. Subjects of Selection and Duration of Service

1. Citizens of the Socialist Republic of Vietnam, aged between eighteen and twenty-five years old, with a permanent residence address within the territory of Vietnam, who have registered for military service at the commune, ward, or town where they have a permanent household registration.

The Minister of Public Security shall specify the age criteria for selecting citizens to serve for a limited term in the People's Public Security Forces, in accordance with the nature and characteristics of the units using them and the recruitment requirements of the People's Public Security Forces.

2. The duration of service for a limited term of citizens in the People's Public Security Forces is three years. The service period is calculated from the date of the decision to serve for a limited term in the People's Public Security Forces until the date the competent authority signs the discharge decision.

Time spent deserting is not counted towards the service period for a limited term in the People's Public Security Forces.

Article 5. Standards for Selection

1. Political criteria:

- Loyalty to the Socialist Fatherland of Vietnam.

- Having a clear record, being a member of the Communist Party of Vietnam or a member of the Ho Chi Minh Communist Youth Union. In mountainous areas, highlands, remote areas, border regions, and islands, outstanding young people meeting the conditions for admission to the Ho Chi Minh Communist Youth Union can be recruited.

- Setting a good example in implementing the guidelines, policies of the Party, and laws of the State.

- Not having a criminal record, not being under investigation for criminal responsibility, not being under surveillance, not being subject to community-based educational measures, or being placed in a medical facility or educational institution.

- Ensuring other specific political criteria set by the Minister of Public Security for public security officers and soldiers.

2. Moral character:

Possessing good moral character and conduct, trusted by the local residents or workplace community.

3. Educational qualifications:

Graduating from secondary school or completing supplementary secondary education. In mountainous areas, highlands, remote areas, border regions, and islands, citizens graduating from junior secondary school can be recruited.

4. Health:

- Well-proportioned physique, free from deformities, sufficient health to perform duties, not suffering from chronic or terminal illnesses; not using drugs or addictive substances.

- Specific health criteria are jointly specified by the Ministry of Public Security and the Ministry of Health.

Article 6. Procedure for Selection

1. Citizens participating in selection to serve on a time-limited basis in the People's Public Security must submit to the Public Security branch at the district, county, town, or provincial city where they have permanent residence registration the following documents:

- A certified copy of their birth certificate (certified by the People's Committee of the commune, ward, or town, or notarized).

- A personal history record according to the model prescribed by the Ministry of Public Security, confirmed by the People's Committee of the commune, ward, or town where they reside, or by the agency or organization where they work or study, with a photograph affixed in the format of a citizen identification card size 4x6 cm, stamped with a matching seal.

- A certified copy of educational certificates and qualifications issued by competent state agencies.

- Certificate of membership in the Youth Union or the Communist Party (if applicable).

- A certified copy of the military service registration certificate.

2. Procedure for Examination and Selection.

a) The Provincial Public Security or the Public Security of a centrally governed municipality shall establish a Selection Board consisting of:

- Chairperson of the Board: Deputy Director of the Provincial Public Security or the Public Security of a centrally governed municipality responsible for force building.

- Vice-Chairperson: Head of the Personnel Department.

- Members representing leadership of the Public Security branches at the district, county, town, or provincial city level; representatives from units utilizing citizens serving on a time-limited basis and related units.

b) Duties of the Selection Board:

- Announce publicly the target group, criteria, time frame, and procedures for selection through local mass media and post notices at the offices of the Public Security branches at the district, county, town, or provincial city level.

- Based on the quota allocated by the Minister of Public Security, the Selection Board reports to the Provincial People's Committee and collaborates with relevant agencies to promote, mobilize, and monitor the number of citizens within the age range eligible to serve on a time-limited basis in the People's Public Security.

- Direct the Public Security branches at the district, county, town, or provincial city level to guide candidates in completing necessary procedures; verify and investigate the background of candidates according to regulations.

- Organize health examinations for candidates. The cost of health examinations is covered by the regular budget of the Ministry of Public Security.

- Complete the procedures and submit to the Provincial Public Security Director or the Director of a centrally governed municipal Public Security for the decision on selection.

Article 7. Principles of Selection

1. The selection of citizens to serve on a time-limited basis in the People's Public Security must comply with the Party's policies and State laws.

2. The examination and selection of citizens to serve on a time-limited basis in the People's Public Security must ensure transparency, democracy, fairness, and strictness; only those citizens meeting the criteria stipulated in this Decree and within the quota set by the Prime Minister's Decision will be selected.

3. Citizens selected to serve on a time-limited basis in the People's Public Security must complete all required documentation as prescribed and bear full responsibility for the contents declared.

Article 8. Policies and Benefits for Citizens Serving on a Time-Limited Basis in the People's Public Security

1. Citizens serving on a time-limited basis in the People's Public Security may be promoted to the ranks of Private Second Class, Private First Class, Corporal, Sergeant, and Senior Sergeant of the People's Security or Police.

a) Authority to confer and promote ranks for non-commissioned officers and soldiers serving on a time-limited basis in the People's Public Security is vested in the Director of the Bureau and equivalent positions, and the Provincial Public Security Director or the Director of a centrally governed municipal Public Security.

b) The period for promotion of non-commissioned officers and soldiers serving on a time-limited basis in the People's Public Security is as follows:

From Private Second Class to Private First Class: six months;

From Private First Class to Corporal: six months;

From Corporal to Sergeant: one year;

From Sergeant to Senior Sergeant: one year.

c) Promotion or demotion of non-commissioned officers and soldiers serving on a time-limited basis can only occur once per rank.

In cases where non-commissioned officers and soldiers serving on a time-limited basis achieve outstanding results, they may be considered for promotion ahead of schedule. In cases of serious violations of discipline, they may be demoted by one rank.

d) The time spent by non-commissioned officers and soldiers serving on a time-limited basis in training institutions is counted towards the period for promotion.

e) Non-commissioned officers and soldiers serving on a time-limited basis who are demoted may be considered for promotion after one year from the date of demotion if they show improvement.

2. During the time-limited service period, non-commissioned officers and soldiers may be considered for admission to Public Security Training Institutions. If successful, they may enroll in these institutions. Upon completion of the time-limited service period, they may be considered for transfer to long-term service in the Public Security Force. The criteria and ratios for non-commissioned officers and soldiers serving on a time-limited basis to be admitted to Public Security Training Institutions and transferred to long-term service in the Public Security Force are prescribed by the Minister of Public Security.

3. During the service period, non-commissioned officers and soldiers serving on a time-limited basis enjoy benefits and policies as prescribed by law.

4. Non-commissioned officers and soldiers serving on a time-limited basis who complete their service period as prescribed may be discharged. Non-commissioned officers and soldiers serving on a time-limited basis who are discharged are entitled to benefits and policies similar to those applied to discharged military personnel under Articles 4 and 5 of Government Decree No. 122/2006/NĐ-CP dated October 26, 2006, detailing the implementation of certain provisions of the Law Amending and Supplementing Certain Provisions of the Military Service Law 2005 regarding benefits and policies for non-commissioned officers and soldiers serving on active duty.

In cases where they do not meet the conditions to continue serving in the Public Security Force, non-commissioned officers and soldiers may be discharged before the end of their term. Conditions and procedures for early discharge are prescribed by the Minister of Public Security.

Article 9. Handling Violations

1. Citizens who fail to appear at the time and place specified in the decision on selection for service or discharge from service while serving for a limited period in the People's Public Security shall be disciplined according to the Regulations of the People's Public Security, administratively sanctioned, or criminally prosecuted depending on the severity of the violation, in accordance with the provisions of the law.

2. Organizations and individuals who violate or obstruct the implementation of regulations concerning the selection of citizens for limited-term service in the People's Public Security shall be handled in accordance with the provisions of the law.

3. Any organization or individual has the right to lodge complaints or reports with competent state agencies regarding acts that infringe upon the rights and interests of organizations or individuals carried out by public security officials during the selection process and the implementation of policies for citizens serving for a limited term in the People's Public Security. The lodging of complaints and reports and their resolution shall be conducted in accordance with the Law on Complaints and Reports.

Chapter III

IMPLEMENTING PROVISIONS

Article 10. Responsibilities of the Ministry of Public Security

Annually, the Minister of Public Security shall submit to the Prime Minister for a decision on the number of citizens to serve for a limited term in the People's Public Security in one to two rounds.

Based on the quota decided by the Prime Minister, the Minister of Public Security shall allocate the quota and direct and guide relevant units of the Public Security, People's Committees at all levels, and related agencies to organize the selection of citizens to serve for a limited term in the People's Public Security, ensuring compliance with the prescribed quotas and standards.

Article 11. Responsibilities of People's Committees at All Levels

People's Committees at all levels shall have the responsibility to create favorable conditions and give priority to the People's Public Security in selecting citizens who meet the prescribed standards and have registered for military service in their locality to serve for a limited term in the People's Public Security.

Article 12. Effective Date

This Decree shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Decree No. 50/HĐBT dated May 24, 1989 of the Council of Ministers (now the Government) on the system of service for non-commissioned officers and soldiers in the People's Public Security force and Decree No. 167/HĐBT dated May 25, 1991 of the Council of Ministers amending certain articles of Decree No. 50/HĐBT dated May 24, 1989.

Article 13. Responsibility for Implementation

The Minister of Public Security, ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.