Circular No. 12/2010/TT-BCA provides detailed regulations for implementing certain provisions of the Village Police Ordinance and Decree No. 73/2009/NĐ-CP dated September 7, 2009, detailing the implementation of certain provisions of the Village Police Ordinance.

CIRCULAR

Regulations on the implementation of certain provisions of the Village Police Ordinance and Decree No. 73/2009/NĐ-CP dated September 7, 2009 detailing the implementation of certain provisions of the Village Police Ordinance.

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Pursuant to the Village Police Ordinance dated November 21, 2008;

Pursuant to Decree No. 73/2009/NĐ-CP dated September 7, 2009 detailing the implementation of certain provisions of the Village Police Ordinance;

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

The Ministry of Public Security promulgates regulations on the implementation of certain provisions of the Village Police Ordinance and Decree No. 73/2009/NĐ-CP dated September 7, 2009 detailing the implementation of certain provisions of the Village Police Ordinance as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

These Circulars specify the implementation of certain provisions of the Village Police Ordinance and Decree No. 73/2009/NĐ-CP dated September 7, 2009 detailing the implementation of certain provisions of the Village Police Ordinance regarding key villages, complex villages in terms of security and public order; duties and powers of village police; organization, building of village police forces and equipping village police.

Article 2. Applicability

These Circulars apply to village police, town police where regular police organizations have not been established (referred to collectively as village police) and relevant agencies, organizations, and individuals involved in the organization and operation of village police within the territory of Vietnam.

Article 3. Key villages, complex villages in terms of security and public order

1. Key villages, complex villages in terms of security and public order include: border villages; island villages; inland villages, coastal villages with important political, economic, cultural, social, security, defense positions or villages with frequently complicated developments in political security and public order situations.

2. The Director of Provincial Public Security (collectively referred to as Provincial Public Security) is responsible for proposing and compiling a list of key villages, complex villages in terms of security and public order for approval and signature by the Chairman of the People's Committee at the same level, and requesting the Minister of Public Security to consider and decide.

The Department of Mobilizing the Whole People to Protect National Security is responsible for receiving files, taking the lead, coordinating with relevant departments and units of the Ministry of Public Security to study and submit to the Minister of Public Security for consideration and decision on the list of key villages, complex villages in terms of security and public order; if necessary, invite the Director of Provincial Public Security to exchange and reach consensus before submitting to the Minister of Public Security.

Chapter II

SPECIFIC DUTIES AND POWERS OF VILLAGE POLICE

Article 4. Grasping security, public order, and social safety situations; receiving, classifying, and handling cases with signs of violations of laws on security, public order, and social safety in the village

1. The security, public order, and social safety situations that village police must grasp firmly include the following main issues:

a) Activities of individuals with criminal records; individuals granted amnesty, early release from prison; individuals who have completed their sentences; defendants and accused persons released on bail; individuals subject to residence restrictions by judicial authorities; individuals sentenced to imprisonment but without execution decisions or granted suspension, temporary cessation of sentence execution or probation; individuals subject to community-based correctional measures, residence bans, surveillance, prohibition from holding certain positions, engaging in specific professions, or performing certain tasks, deprivation of some civil rights; individuals subject to community-based corrective measures; individuals subject to placement in educational facilities, medical institutions, juvenile rehabilitation centers but granted suspension or temporary cessation of execution decisions; individuals addicted to drugs or post-drug addiction recovery;

b) Manifestations and behaviors of corruption, malpractice, waste; gatherings, causing public disturbances, mass complaints; dividing, causing disunity among the people; organizing, inciting others to oppose Party policies, State laws; political, criminal, economic incidents; social evils and other law violations occurring in the village;

c) Population dynamics and individuals from elsewhere residing, working, living in the village. For border, coastal, and island villages, it is necessary to grasp the situation of illegal entry, activities, and residence of foreigners in the village;

d) Security, public order, and social safety situations occurring in agencies, enterprises, schools, organizations, and grassroots associations and other related situations concerning the maintenance of security, public order, and social safety; weaknesses and shortcomings in the implementation of Party policies, State laws, and proposals for remedial measures.

2. All information and incidents about security, public order, and social safety must be verified, investigated, classified, and handled appropriately:

a) In cases where the violation does not reach the level requiring legal action, the violator must be warned, explained, educated to enhance their awareness of law compliance, respect for societal ethics, and local regulations;

b) In cases where the violation reaches the level requiring administrative penalty, if the violation falls within the administrative penalty authority of the Head of Village Police, proceed with the penalty; if it exceeds the Head of Village Police's penalty authority, transfer the violation file to the competent authority for penalty according to regulations; if the violator belongs to another category subject to administrative penalties, establish a file and transfer it to the competent authority for handling according to the law;

c) In cases where the violation has criminal indications, initial files must be established, statements taken from victims, witnesses, emergency services provided to victims, crime scenes protected (if applicable), evidence and means of violation collected and preserved according to the law, and immediately reported to higher-level police authorities for timely handling;

d) In cases of large gatherings, public disturbances, or complex security and public order incidents exceeding the authority and capacity of Village Police to resolve, they must advise the same-level People's Committee to take appropriate measures, preventing further complications, while immediately reporting to higher-level police authorities for suitable handling.

3. The situation regarding security, public order, and information related to security, public order, and social safety must be recorded in the file in accordance with the regulations and guidance of the superior Public Security agency. Important information must be reported to the same-level People's Committee and the superior Public Security agency for instructions.

Article 5. Serve as the core in building the movement of the whole people protecting national security.

The commune police shall have the responsibility to advise and propose to the same-level Party Committee and People's Committee on policies, plans, contents, forms, measures to launch, maintain, and promote the movement of the whole people protecting national security; to disseminate and educate the people to enhance their awareness and responsibility for protecting national security; to care for building, consolidating, and promoting the activities of mass organizations protecting security and public order at the grassroots level, helping these organizations operate effectively and become the driving force for the movement of the whole people protecting national security within the commune.

Article 6. Prevent, detect, combat crime and social evils; protect security, public order, and social safety; protect the lives and property of individuals, agencies, and organizations within the commune.

The commune police shall have the responsibility to take the lead in coordinating with other agencies, organizations, and forces within the commune:

1. Advise and propose to the same-level Party Committee and People's Committee on the content and measures for popularizing and educating the law; launching the movement of the whole people participating in combating crime and social evils; organizing the implementation of such work well; promptly identifying, resolving, and participating in resolving new conflicts arising among the masses, negative phenomena likely to generate crimes and other violations of the law; planning to build a mass base to grasp the situation of security and public order; detecting and monitoring suspicious phenomena and individuals showing signs of violating the law to take timely measures to combat and prevent them.

2. Develop and organize the implementation of patrols, inspections, and checks on compliance with laws and regulations concerning security, public order, and social safety by agencies, organizations, and individuals within the commune according to the law; promptly identify, prevent, and handle criminal acts, social evils, and other violations of the law occurring within the commune.

Article 7. Implement household registration management, identity cards, and other travel documents.

The commune police shall have the responsibility:

1. To organize the implementation of household registration and residence management within its authority; grasp the situation of households and population on the commune's territory; develop plans for residence inspections; receive and examine files for temporary residence registration, notification of stay, and temporary absence declarations from citizens; firmly grasp and implement reporting systems to the superior Public Security agency on the situation and number of foreign nationals and overseas Vietnamese residents actually residing within the commune; receive and resolve complaints and reports related to household registration and residence management within its authority.

2. Grasp the number of individuals aged 14 years and older who have not been issued identity cards, cases where identity cards have expired or been lost to compile lists and report to recommend the Head of the County Public Security agency to issue or reissue identity cards to citizens; inspect and handle according to its authority cases violating the law on managing and using identity cards within the commune; implement information, reporting, and complaint resolution systems for this work within its authority.

Article 8. Implement legal provisions on the management of firearms, explosives, and auxiliary tools; fire prevention and firefighting; and management of security and public order for businesses operating under conditions involving security and public order within the commune.

The commune police shall have the responsibility:

1. Grasp the quantity and locations of agencies and organizations equipped with military firearms, sports firearms, and auxiliary tools; the situation of explosive materials manufacturing and trading units; the situation of weapons equipped for civilian self-defense forces; lists of individuals possessing hunting rifles; develop plans for inspecting and guiding organizations and individuals permitted to use firearms, explosives, and auxiliary tools; promptly identify, prevent, and handle cases of illegal purchase, transport, storage, use, or appropriation of firearms, explosives, and auxiliary tools, and cases violating the law on managing and using firearms, explosives, and auxiliary tools; implement statistical and reporting systems as prescribed by law and guided by the superior Public Security agency.

2. Implement legal provisions on fire prevention and firefighting, environmental protection; coordinate with relevant agencies and organizations to conduct inspections, urging, and guiding organizations and individuals within the commune to comply with legal provisions on fire prevention and firefighting, environmental protection; propose the same-level People's Committee to organize the construction of mass forces for local fire prevention and firefighting; have plans and schemes to respond proactively and promptly when fires or explosions occur.

3. Grasp the situation and quantity of businesses operating under conditions involving security and public order within the commune; compile lists and statistics on the number of businesses and personnel working there; receive commitment files implementing conditions concerning security and public order; implement legal provisions on managing security and public order for rental accommodation businesses within its authority; coordinate with the superior Public Security agency to inspect and guide businesses operating under conditions involving security and public order, promptly identify, prevent, and handle according to its authority violations of the law by these businesses; strictly implement information and reporting systems to the superior Public Security agency on the management of businesses operating under conditions involving security and public order within the commune.

Article 9. Organize the arrest of persons caught committing crimes, persons with arrest warrants, and those being sought who are hiding within the commune.

The commune police shall have the responsibility to organize the arrest of persons caught committing crimes, persons with arrest warrants, and those being sought who are hiding within the commune. In case of encountering difficulties beyond the capacity of the commune police, they must immediately report to the direct superior Public Security agency for timely guidance and support.

After apprehending a person committing a crime on the spot, a person with an arrest warrant, search warrant, or accepting a self-surrendering criminal, they must record this in a report as prescribed and immediately escort the suspect to the higher-level police station; in cases where it is nighttime or a long distance, and immediate escort to the higher-level police station is not possible, the suspect must be strictly managed at the communal police station or the communal People's Committee office, and guards must be arranged to prevent the suspect from escaping or committing suicide. The management of such suspects must be carried out in accordance with the provisions of the law; if the suspect is dangerous, their hands may be handcuffed, weapons and dangerous objects seized, and every effort must be made to immediately report to the higher-level police agency for timely instructions.

Article 10. Mobilizing people and means in emergency situations

1. In emergency situations, to rescue victims, provide assistance, pursue a person committing a crime on the spot, or a person with an arrest warrant or search warrant, the Head of the Communal Police Station or Deputy Head of the Communal Police Station authorized by the Head of the Communal Police Station may mobilize people and means of organizations or individuals to perform tasks and must return the mobilized means immediately when the situation ends, and must report to the Chairman of the same-level People's Committee about the mobilization; the person mobilizing shall bear personal responsibility before the Communal People's Committee and the law regarding their mobilization.

2. If the means of organizations or individuals that are mobilized are damaged, the owner of the means shall be compensated according to the provisions of the law. If the mobilization by the Head of the Communal Police Station or Deputy Head of the Communal Police Station is clearly unnecessary or contrary to the law and leads to damage of the means, then the person mobilizing shall bear personal responsibility for compensating the loss to the owner of the means according to the provisions of the law.

Article 11. Participating in coordinating to ensure traffic order and safety

1. The Communal Police Station has the responsibility to advise the same-level People's Committee to develop plans to publicize and guide the people to comply with the regulations of the law on ensuring traffic order and safety (roads, railways, inland waterways); participate in coordinating with traffic police forces to perform tasks to ensure traffic order and safety within the commune. Participation in coordinating with traffic police forces to perform tasks to ensure traffic order and safety must be carried out in accordance with the provisions of the law and guidance from higher-level police agencies.

2. It is strictly prohibited for the Communal Police Station to arbitrarily establish separate regulations contrary to the regulations of the law on traffic order and safety or arbitrarily obstruct, control, create difficulties, and hinder people and vehicles participating in traffic.

Article 12. Performing other tasks as prescribed by law

In addition to specific tasks prescribed in the Ordinance on Communal Police Stations and guidelines in this Circular, the Communal Police Station is responsible for performing other tasks related to security, order, and social safety assigned by the Party Committee, the same-level People's Committee, and higher-level police agencies. In cases where the assigned tasks are not consistent with the functions and responsibilities of the Communal Police Station or the opinions of the same-level Party Committee and People's Committee differ from those of the higher-level police agency, they must propose and suggest adjustments to ensure consistency; in necessary cases, they must report to the Head of the County Police Station for timely coordination and guidance in accordance with the law, ensuring unity between the same-level Party Committee, People's Committee, and higher-level police agency.

Chapter III

BUILDING THE COMMUNAL POLICE STAFF

Article 13. Positions in the Communal Police Station and deployment of the Communal Police Station

1. The Communal Police Station includes positions: Head of the Communal Police Station, Deputy Head of the Communal Police Station, and Police Officers, deployed as follows:

a) Each commune is allocated one Deputy Head of the Communal Police Station; communes that are key points or complex in terms of security and order, and communes classified as type 1 or type 2 according to Decree No. 159/2005/NĐ-CP dated December 27, 2005 of the Government on classifying administrative units of communes, wards, towns shall be allocated no more than two Deputy Heads of the Communal Police Station;

b) Each village, hamlet, village, ấp, bản, buôn, phum, sóc, and equivalent community unit (referred to as village, bản) is allocated one Police Officer. For villages, bản in key points or complex in terms of security and order, and communes classified as type 1 or type 2, no more than two Police Officers shall be allocated.

Equivalent community units to villages, bản are community units of towns proposed by the provincial People's Committee to allocate Police Officers in these community units.

c) At the headquarters or workplace of the Communal Police Station, no more than three Police Officers shall be allocated to perform 24/7 duty daily.

2. Based on the provisions of Decree No. 73/2009/NĐ-CP, Decree No. 92/2009/NĐ-CP dated October 22, 2009 on positions, quantity, and some policies for cadres, civil servants in communes, wards, towns, and non-professional staff at the commune level, the Director of the Provincial Police Department shall be responsible for coordinating with relevant agencies to propose the same-level People's Committee to submit to the Provincial People's Council to specify the position of Deputy Head of the Communal Police Station and Police Officers as non-professional staff at the commune level, and decide specifically the number of Deputy Heads of the Communal Police Station, permanent Police Officers, and Police Officers of each commune and each village, bản.

3. The appointment, dismissal, transfer, and removal of the Head of the Communal Police Station and Deputy Head of the Communal Police Station shall be implemented in accordance with Clause 3 of Article 10 of the Ordinance on Communal Police Stations and other related normative legal documents.

4. The Head of the Communal Police Station shall be responsible for reporting to the Head of the County Police Station for instructions before proposing the Chairman of the Commune People's Committee to decide on recognizing or dismissing Police Officers. Within five days from receiving the report of the Communal Police Station, the Head of the County Police Station must issue a response document for the Communal Police Station to present to the Chairman of the Commune People's Committee to make a decision on recognizing or dismissing Police Officers.

Article 14. Selecting citizens to join the Communal Police Station

1. Vietnamese citizens selected to join the Village Police must meet the criteria set forth in Clause 1, Article 4 of Decree No. 73/2009/NĐ-CP and other relevant laws. In exceptional cases in mountainous areas, remote regions where there is no one meeting the required criteria to serve as the Head of Village Police, a report must be submitted to the Provincial Public Security Director before appointing the Head of Village Police.

2. The selection of Village Police must ensure democracy, transparency, and fairness. For individuals proposed for appointment as the Head of Village Police or Deputy Head of Village Police, the People's Committee of the village must organize the collection of opinions from representatives of hamlets, villages, and party cells where the individual is a member (if applicable), prior to considering and recommending them. The Head of Village Police and the Head of County Police have the responsibility to advise and assist the respective People's Committees in planning and implementing the recruitment, deployment, and utilization of Village Police to ensure stability and long-term sustainability, meeting the requirements for maintaining security, public order, and social safety at the grassroots level.

3. The application dossier for joining the Village Police includes:

a) A request to join the Village Police force;

b) An individual background statement confirmed by the Village People's Committee;

c) A health certificate issued by a medical facility at the district level or higher;

d) A graduation certificate or proof of educational qualifications as prescribed by law.

Chapter IV

EQUIPMENT FOR VILLAGE POLICE

Article 15. Equipment and management of firearms and auxiliary tools

1. Depending on the characteristics and circumstances of each village, Village Police may be equipped with firearms and auxiliary tools, including: rifles, submachine guns; rubber batons, electric batons, various types of truncheons. The Provincial Public Security Director shall base on the characteristics and circumstances, work requirements for ensuring security and public order in the locality, prepare a report proposing the provision of firearms and auxiliary tools for Village Police to be sent to the Ministry of Public Security (through the Logistics General Department - Technical Service) for appropriate equipment planning.

2. Firearms and auxiliary tools of Village Police must be centrally managed to ensure safety and reliability at the police station or workplace, and must comply with regulations on registration, management, and maintenance of firearms and auxiliary tools. The Head of Village Police must regularly inspect compliance with regulations on the provision, management, and use of firearms and auxiliary tools; in case of loss, damage, or misplacement of firearms and auxiliary tools, they must immediately report to the Head of County Police.

3. Firearms and auxiliary tools of Village Police can only be provided for duty purposes and must be decided by the Head of Village Police or Deputy Head of Village Police assigned to oversee; upon completion of the mission, they must immediately return to the person directly responsible for management. The handover and receipt of firearms and auxiliary tools must be signed for and recorded in the logbook according to regulations. Strict adherence to reporting on the management and use of firearms and auxiliary tools of Village Police is required as follows: Quarterly, Village Police must report to County Police (through the Administrative Management Police Unit); every six months, County Police must report to Provincial Police (through the Administrative Management Police Department); annually, Provincial Police must report to the Ministry (through the Social Order and Safety Administrative Management Police Bureau).

4. The use of firearms and auxiliary tools must strictly follow legal provisions and can only be used when truly necessary to proactively combat crime, apprehend criminals caught in the act, persons under arrest warrants, fugitives, violent hooligans, those resisting law enforcement officers, or in self-defense situations and other urgent circumstances as prescribed by law.

All acts of buying, selling, exchanging, or illegally using firearms and auxiliary tools are strictly prohibited; lending firearms and auxiliary tools to persons without the responsibility to borrow or use them; carrying firearms and auxiliary tools when not performing duties or taking them home.

Article 16. Dossiers, ledgers, and necessary equipment and means

Village Police are provided with dossiers, filing cabinets, desks, chairs, ledgers, and necessary equipment and means for their work. Based on the proposal of the Head of Village Police, the respective People's Committee will plan or submit to the higher-level People's Committee plans for purchasing and equipping means to support the work of Village Police, meeting the requirements for ensuring security, public order, and social safety at the grassroots level.

Article 17. Certificate of Village Police

1. The Head of Village Police, Deputy Head of Village Police, and Village Police Officers may use the "Certificate of Village Police" issued by the County Police and must carry it when performing duties.

The County Police has the responsibility to strictly manage the issuance, replacement, and recovery of the "Certificate of Village Police."

Individuals holding the "Certificate of Village Police" are responsible for preserving and protecting it and are not allowed to lend it to others; if lost or damaged, they must immediately report to the Head of Village Police to inform the County Police; when no longer serving as Village Police, they must return the "Certificate of Village Police" to the issuing authority; if lost or lent out, depending on the nature and severity of the violation, they may face disciplinary action or legal penalties as prescribed by law.

2. The "Certificate of Village Police" is made of hard paper, size 9cm x 7cm, front side with brown background and light yellow text; back side with light yellow background and black text; the phrase "Certificate of Village Police" in red, following the model below:

Chapter V

IMPLEMENTATION

Article 18. Responsibilities for organizing implementation and directing, guiding, and supervising the implementation

1. The Chairman of the Provincial People's Committee fulfills state management functions over Village Police within their jurisdiction; directs the People's Committees and Public Security agencies at all levels, local organizations to implement the provisions of the Village Police Ordinance, Decree No. 73/2009/NĐ-CP, guidelines of this Circular, and other relevant legal provisions; builds a clean, strong Village Police force that meets the requirements for ensuring security, public order, and social safety at the grassroots level.

2. The General Bureau of Administrative Police for Social Order and Safety shall take the lead and coordinate with relevant units to direct and guide the business procedures for village police in administrative management work related to social order and safety; manage and use weapons, auxiliary tools, file systems, record books, forms, and materials serving the work of village police; organize the printing and issuance of "Certificate of Village Police" models to localities in accordance with Clause 2, Article 17 of this Circular.

3. The General Bureau of Crime Prevention and Suppression shall take the lead and coordinate with relevant units to direct and guide the business procedures for village police in crime prevention and suppression work, social evils, and other violations of the law.

4. The Second General Bureau of Security shall take the lead and coordinate with relevant units to direct and guide village police in grasping the situation and implementing various aspects of work related to political security, internal security, rural security; preventing and suppressing crimes that infringe upon national security, behaviors that exploit religion and ethnicity to engage in activities against the policies of the Party and the laws of the State, infringing upon citizens' freedom and democracy, and guiding the uniform implementation of file management and usage systems serving those tasks.

5. The General Bureau for Building the People's Public Security Force shall organize and direct the dissemination and popularization of legal regulations concerning village police; direct the mobilization of officers and non-commissioned officers of the People's Public Security Force to assume village police positions in accordance with the provisions of the law and the guidance of the Ministry of Public Security.

6. The General Logistics and Technical Bureau shall take the lead and coordinate with relevant units to direct and guide the uniform implementation regarding uniforms and other equipment for village police; coordinate with the General Bureau of Administrative Police for Social Order and Safety and the General Department for Mobilizing the Whole People to Protect National Security to examine and decide on the specific quantity and types of weapons and auxiliary tools to be equipped for village police in accordance with the law and the proposal of provincial-level public security agencies.

7. The General Department for Mobilizing the Whole People to Protect National Security shall have the responsibility to take the lead and coordinate with relevant units to guide and direct the organization of building village police forces and mobilizing the whole people to protect national security in accordance with the Village Police Ordinance, Decree No. 73/2009/ND-CP, the guidance of this Circular, and other relevant legal provisions.

8. The Financial Department shall have the responsibility to allocate funds to ensure and guide and inspect the management and use of funds to ensure the operation of village police in accordance with the expenditure items specified in Clause 3, Article 8 of Decree No. 73/2009/ND-CP.

9. The Director of Provincial-level Public Security Agencies shall have the responsibility to direct and inspect the implementation of legal regulations concerning village police; advise and propose to the Chairman of the People's Committee at the same level about issues related to the organization, operation, and systems and policies for village police; propose solutions, policies, plans, and measures to implement legal regulations concerning village police.

Article 19. Effectiveness

1. This Circular shall take effect from May 24, 2010, and replace Circular No. 08/1999/TT-BCA dated August 10, 1999, issued by the Ministry of Public Security to guide the implementation of Decree No. 40/1999/NĐ-CP dated June 23, 1999, of the Government on Village Police.

2. The Directors of the General Bureaus, Heads of subordinate units under the Ministry of Public Security, Provincial-level Public Security Agency Directors, Directors of Fire Prevention, Firefighting, and Rescue Departments, Heads of agencies and organizations related to the organization, operation, and implementation of systems and policies for village police shall be responsible for organizing the implementation of this Circular.

During the implementation process, if any difficulties arise, public security units and localities, and related agencies and organizations shall reflect them to the Ministry of Public Security (through the General Department for Mobilizing the Whole People to Protect National Security) for timely guidance./.