Decree No. 129/2015/ND-CP on the implementation of the obligation to participate in the People's Public Security

DECREE

Provisions on the performance of the obligation to participate in the People's PoliceFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.

__________________

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

Pursuant to the Law on the People's Police dated July 27, 11 year 2014;

The Government issues this Decree to regulate the procedures and formalities for registration and examination, health check-ups for military service obligations.15;

Considering the proposal of the Minister of Public Security,

The Government issues this Decree stipulating the implementation of the obligation to participate in the People's Police.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the subjects, standards, procedures, and conditions for selecting citizens to fulfill their obligation to participate in the People's Police; the responsibilities of agencies, organizations, and individuals in the selection of citizens to fulfill their obligation to participate in the People's Police.

Article 2. Applicability

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

Article 3. Principles of Selection

The selection of citizens to fulfill their obligation to participate in the People's Police must be carried out in accordance with the law; ensuring transparency, democracy, fairness, and strictness; only selecting citizens who meet the standards and conditions specified in this Decree and related laws, and meeting the quotas set forth in the Prime Minister's Decision.

Chapter II

SELECTION AND IMPLEMENTATION OF REGIME AND POLICY

FOR CITIZENS PERFORMING THE OBLIGATION TO PARTICIPATE IN

PEOPLE'S PUBLIC SECURITY

Article 4. Selection objects and service timedevelopmentand

1. Male citizens of conscription age who have registered for military service in accordance with the Law on Military Service. Female citizens of conscription age who have registered for military service in accordance with the Law on Military Service, possessing the appropriate professional qualifications required by the People's Police, may be considered and selected if they voluntarily agree and the People's Police have a need for them to fulfill their obligation to participate in the People's Police.

2. The Minister of Public Security shall specify in detail the age range for selecting citizens to fulfill their obligation to participate in the People's Police, taking into account the nature and characteristics of each unit using such services, and shall also establish regulations for selecting female citizens to fulfill their obligation to participate in the People's Police in accordance with the needs of usage during different periods.

3. The period for fulfilling the obligation to participate in the People's Police is three years. The fulfillment period is calculated from the date of handover of the citizen; in cases where there is no centralized handover, it is calculated from the date the People's Police unit receives the citizen until the competent authority decides on discharge. Time spent deserting, serving a criminal sentence is not counted towards the fulfillment period of the obligation to participate in the People's Police.

Article 5. Standards for Selection

Citizens selected to perform the obligation to participate in the People's Police must meet the following criteria:

1. Having a clear record.

2. Strictly abide by the Party's policies and the State's laws; having no prior criminal record, being not under investigation for criminal responsibility, not under control, not within the period of being subject to community-based education measures or placed in a medical facility or compulsory educational institution; possessing good moral character and being trusted by the local residents or students or workers where they reside or study.

3. Ensuring the political standards of People's Police officers as prescribed by the Minister of Public Security.

4. Having completed secondary school. Citizens from mountainous, island, ethnic minority, and particularly difficult economic and social areas can be selected after completing junior high school. Priority is given to selecting citizens who have completed college or university and possess necessary expertise for the work and combat of the People's Police.

5. Having a balanced physique, no deformities, and meeting the health standards for fulfilling the obligation to participate in the People's Police as prescribed by the Minister of Public Security.

Article 6. Recruitment Files

Citizens participating in the selection to fulfill the obligation to participate in the People's Police shall submit the following documents to the Public Security Office at the district where they have permanent residence registration:

1. A personal history form according to the model prescribed by the Ministry of Public Security, confirmed by the People's Committee of the commune, ward, or town where the person resides or by the agency or organization where the person works or studies.

2. Copies: Birth certificate, academic certificates, and qualification certificates issued by authorized state agencies (copies from original books or certified copies or copies presented together with the originals for verification).

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

4. Certificate of registration for military service.

Article 7. Recruitment Procedure

1. Based on the quota for selecting citizens to fulfill the obligation to participate in the People's Police allocated to the area, the Head of the Public Security Office at the district level shall conduct the selection and call up citizens to fulfill their obligations according to the following procedure:

a) Announce publicly through mass media and post notices at the office premises of the Public Security Office at the district level regarding the standards, conditions, number needed, deadline, and location for receiving applications from citizens registering for the selection to fulfill the obligation to participate in the People's Police. The application receipt period for citizens registering for the selection must be at least thirty days from the announcement date;

b) Receive and review the application files;

c) Organize verification and confirmation of the personal history of the applicants according to the regulations of the Ministry of Public Security;

d) Issue orders for citizens to undergo health examinations according to Clause 2, Article 40 of the Law on Military Service. The health examination call-up order must be handed over to the citizen fifteen days before the examination date;

đ) Submit the list of citizens selected to fulfill the obligation to participate in the People's Police to the Chairman of the People's Committee at the district level for approval, as assigned by the Military Service Council at the district level;

e) Based on the list approved by the Chairman of the People's Committee at the district level, the Head of the Public Security Office at the district level issues orders calling individual citizens to fulfill the obligation to participate in the People's Police.

2. The coordination among units within the People's Police in the selection and calling up of citizens to fulfill the obligation to participate in the People's Police shall be regulated by the Minister of Public Security.

Article 8. Granting, Promoting, and Demoting Rank Levels

1. Citizens performing their duty to participate in the People's Public Security shall be granted, promoted to the rank levels of Private Second Class, Private First Class, Corporal, Sergeant, and Senior Sergeant.

2. The period for considering promotion to rank level for non-commissioned officers and conscripted soldiers of the People's Public Security is stipulated as follows:

The time spent by non-commissioned officers and conscripted soldiers in training at school shall be counted towards the period for considering promotion to rank level; for non-commissioned officers and conscripted soldiers who have been demoted in rank level, if they show progress, they may be considered for promotion to rank level one year from the date of demotion.

3. The authority to grant, promote, demote, and revoke rank levels for non-commissioned officers and conscripted soldiers shall be implemented according to the regulations of the Minister of Public Security.

The person with the authority to grant, promote, demote, and revoke rank levels for non-commissioned officers and conscripted soldiers, based on the period stipulated in Clause 2 of this Article and the provisions in Clause 1 and Clause 2 of Article 21 of the Law on Public Security, shall decide to grant and promote rank levels for non-commissioned officers and conscripted soldiers; each time only one rank level can be promoted or demoted, except in cases where outstanding achievements are made in combat, multiple rank levels may be considered for promotion. In cases of serious violations of discipline within the Public Security sector, multiple rank levels may be demoted.

Article 9. Transfer to Professional Service System

1. Non-commissioned officers and conscripted soldiers who have served for at least twenty-four months but less than thirty-six months, achieved the title of soldier completing tasks or higher, and meet the standards and conditions for serving under the professional system in the Public Security, shall be eligible to take exams and compete for admission to public security academies and schools according to the recruitment regulations of the Ministry of Public Security; upon graduation, they will be granted officer or non-commissioned officer professional rank levels.

2. Non-commissioned officers and conscripted soldiers not falling under the circumstances specified in Clause 1 of this Article, after completing their service term and meeting the required standards for use by the Public Security, if willing and there is a need from the Public Security, may be considered for transfer to the professional service system. The criteria, standards, and ratio for transferring to the professional service system for non-commissioned officers completing their service term are prescribed by the Minister of Public Security. Recruitment must ensure transparency, democracy, clarity, and fairness for all candidates.

Article 10. System and Policy During Service and Upon Discharge

1. During the service term, non-commissioned officers and conscripted soldiers are entitled to the systems and policies stipulated for non-commissioned officers and soldiers serving in the armed forces; upon completion of their service term, they are entitled to vocational training allowances or job creation allowances and priority in admissions to public security schools, and other benefits as prescribed by the Government.

2. The Minister of Public Security shall base on the detailed implementation documents issued by the Government regarding Article 50 of the Military Service Law concerning the systems and policies for non-commissioned officers and soldiers during service and upon discharge to guide implementation within the Public Security.

Article 11. Discharge

1. Non-commissioned officers and conscripted soldiers who have completed their service term as stipulated in Clause 3 of Article 4 of this Decree shall be discharged. In cases where they do not meet the conditions to continue fulfilling their duties, they may be discharged before the end of their term. Conditions and procedures for early discharge are prescribed by the Minister of Public Security.

2. After completing their duty to participate in the Public Security, non-commissioned officers and conscripted soldiers must register with the military service agency within fifteen working days of returning to their place of residence, work, or study to be registered in the reserve cadre category.

Chapter III

RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS AND HANDLING VIOLATIONS IN THE SELECTION AND CALLING OF CITIZENS TO PERFORM MILITARY SERVICE OBLIGATIONS WITH THE PEOPLE'S PUBLIC SECURITY

Article 12. Responsibilities of agencies, organizations, and individuals in selecting and calling citizens to fulfill their duty to participate in the People's Public Security Force

1. Responsibilities of the Ministry of Public Security

a) Based on the tasks of national security protection, ensuring social order and safety, and the need for use, report to the Prime Minister for decision on the number of citizens to be called annually to fulfill their duty to participate in the People's Public Security Force. According to the Prime Minister's decision, allocate the number of citizens to be called to fulfill their duty to participate in the People's Public Security Force to units under its jurisdiction at each provincial level.

b) Direct local public security organs to closely coordinate with local military authorities and village-level military command posts to advise the Chairman of the People's Committee at the same level on the work of selecting and calling citizens to fulfill their duty to participate in the People's Public Security Force as stipulated in this Decree and related legal documents.

2. Responsibilities of the Ministry of National Defense

Direct local military authorities and village-level military command posts to closely coordinate with local public security organs in the work of selecting and calling citizens to fulfill their duty to serve in the People's Public Security Force.

3. Responsibilities of People's Committees at all levels

Local People's Committees have responsibilities in selecting and calling citizens to fulfill their duty to participate in the People's Public Security Force as stipulated in Article 35 of the Law on Military Service.

4. Responsibilities of units receiving citizens to fulfill their duty

Units receiving citizens to fulfill their obligations shall be responsible for coordinating with People's Committees at all levels to carry out the selection and call-up of citizens to fulfill their obligations to join the People's Public Security Force.

5. Responsibilities of citizens called to fulfill their duty

a) Be present at the time and place specified in the call order. If there is a valid reason that prevents them from being present at the specified time and place, they must obtain confirmation from the People's Committee of the commune where they reside or the organization where they work and report to the Head of the Public Security Office of the district.

b) During the period of service, they must fulfill their duties and responsibilities as stipulated in Article 30 of the Law on the People's Public Security Force.

Article 13. Handling Violations

1. Citizens who fail to appear at the time and place specified in the call order to fulfill their duty to participate in the People's Public Security Force without a valid reason, or desert while fulfilling their duty shall be subject to disciplinary action according to the Regulations of the People's Public Security Force; administrative penalties or criminal prosecution as provided by law, depending on the severity of the violation.

2. Organizations and individuals who evade, resist, or obstruct the fulfillment of the duty to participate in the People's Public Security Force shall be subject to disciplinary action, administrative penalties, or criminal prosecution, depending on the nature and severity of the violation.

3. Any organization or individual has the right to lodge complaints or reports with competent state agencies regarding actions that harm the interests of organizations or individuals carried out by public security officials and agencies during the process of selection and implementation of policies for citizens fulfilling their duty to participate in the People's Public Security Force. The procedures for lodging complaints and reports and resolving complaints and reports shall be carried out in accordance with the provisions of the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 14. Effective Date

1. This Decree takes effect from February 1, 2016.

2. This Decree replaces Government Decree No. 12/2007/NĐ-CP dated January 17, 2007, which stipulates about citizens serving a limited term in the People's Public Security Force, and Government Decree No. 57/2009/NĐ-CP dated July 8, 2009, which amends and supplements Clause 3, Article 8 of Government Decree No. 12/2007/NĐ-CP dated January 17, 2007, concerning citizens serving a limited term in the People's Public Security Force.

Procedures for selecting and policies for non-commissioned officers and conscripts fulfilling their duty continue to be implemented according to Government Decree No. 12/2007/NĐ-CP dated January 17, 2007, which stipulates about citizens serving a limited term in the People's Public Security Force, and Government Decree No. 57/2009/NĐ-CP dated July 8, 2009, which amends and supplements Clause 3, Article 8 of Government Decree No. 12/2007/NĐ-CP dated January 17, 2007, concerning citizens serving a limited term in the People's Public Security Force until the Law on Military Service and the Government's detailed regulations on policies for non-commissioned officers and conscripts serving in the armed forces take effect.

Article 15. Responsibility for Implementation

1. The Ministry of Public Security shall take the lead and coordinate with relevant ministries and sectors to guide and implement this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial-level People's Committees, and related organizations and individuals are responsible for implementing this Decree./.