Circular No. 14/2018/TT-BCA on the model, management, and use of Special Protection Certificates for Security Forces

CIRCULAR

Provisions on the model, management, and use

of Special Protection Cards for the Guard Force

Based on the Law on Guarding No. 13/2017/QH14 dated June 20, 2017;

Pursuant to Decree No.Decree No. 106/2014/NĐ-CPdated November 17, 2014 stipulating the functions, tasks, authorities, and organizational structure of the Ministry of Public Security;

At the proposal of the Commander of the Guard Command,

The Minister of Public Security issues this Circular to provide provisions on the model, management, and use of Special Protection Cards for the Guard Force.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides for the model of Special Protection Cards; the subjects, authority, procedures for issuing, exchanging, reissuing Special Protection Cards; transferring, recovering, managing, and destroying Special Protection Cards; the powers and responsibilities of the subjects receiving Special Protection Cards; the responsibilities of agencies, organizations, and individuals related to the management and use of Special Protection Cards, and handling violations in such activities.

Article 2. Principles for Issuance, Management, and Use of Special Protection Cards

1. Special Protection Card is a card issued by the Minister of Public Security to the subjects as prescribed in this Circular for performing guarding work. The validity period of the Special Protection Card is five years from the date of issuance.

2. The issuance, exchange, reissuance, transfer, recovery, destruction, management, and use of Special Protection Cards must comply with the provisions of the law.

3. Special Protection Cards may only be used for performing guarding work. When using them, People's Police officers shall present both the Special Protection Card and the People's Police Identity Card; People's Armed Police officers shall present both the Special Protection Card and the Officer Identity Card.

Article 3. Prohibited Acts

1. Issuing, transferring, exchanging, reissuing, recovering, destroying Special Protection Cards contrary to the provisions of the law.

2. Misusing or taking advantage of being issued or transferred Special Protection Cards to commit acts violating the law.

3. Counterfeiting, altering, destroying, appropriating, illegally using, buying, selling, giving, lending, renting, borrowing, pledging, or receiving pledges of Special Protection Cards.

Chapter II
SPECIFIC PROVISIONS

Article 4. Form and Content of Special Protection Cards

1. Length: Ten centimeters (10 cm); width: Seven centimeters (07 cm).

2. The front side has a bright red background with a yellow border around it. At the top, there are two lines of yellow text in sequence from top to bottom: “CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM” and “SOCIALIST REPUBLIC OF VIET NAM”. The text “CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM” is presented in uppercase letters, size 9, upright bold font; the text “SOCIALIST REPUBLIC OF VIET NAM” is presented in uppercase letters, size 8, upright bold font. In the center, there is a printed image of the Police Emblem. Below, there are two lines of yellow text in sequence from top to bottom: “GIẤY BẢO VỆ ĐẶC BIỆT” and “SPECIAL PROTECTION CARD”. The text “GIẤY BẢO VỆ ĐẶC BIỆT” is presented in uppercase letters, size 20, upright bold font; the text “SPECIAL PROTECTION CARD” is presented in uppercase letters, size 15, upright bold font. Behind the Police Emblem is a yellow arrow pointing from left to right.

3. The back side has small patterns printed on a light blue background, with a recessed image of the Police Emblem, surrounded by a blue border. At the top, there are two lines of red text in sequence from top to bottom: “THỰC HIỆN NGAY YÊU CẦU CẢNH VỆ” and “IMMEDIATELY PERFORM PROTECTION COMMAND”. The text “THỰC HIỆN NGAY YÊU CẦU CẢNH VỆ” is centered, in uppercase letters, size 13.6, upright bold font; the text “IMMEDIATELY PERFORM PROTECTION COMMAND” is centered, in uppercase letters, size 12, upright bold font. On the lower right side, there are four lines of black text in sequence from top to bottom: “Hà Nội, ngày … tháng … năm…”; “Hanoi, date … month … year…”; “BỘ TRƯỞNG BỘ CÔNG AN”; “MINISTER OF PUBLIC SECURITY”. The text “Hà Nội, ngày… tháng… năm…” is presented in lowercase letters, size 9, italic font; the text “Hanoi, date… month… year…” is presented in lowercase letters, size 8, italic font; the text “BỘ TRƯỞNG BỘ CÔNG AN” is presented in uppercase letters, size 9, upright bold font; the text “MINISTER OF PUBLIC SECURITY” is presented in uppercase letters, size 7.5, upright bold font. There is a signature of the Minister of Public Security and a stamp of the Ministry of Public Security. On the lower left side, there are two lines of text in sequence from top to bottom: “Số:…” and "Có giá trị đến …" presented in lowercase letters, black color, size 9, italic font.

4. Special Protection Cards for the Guard Force must be kept secure according to operational requirements.

5. This Circular is accompanied by a model of Special Protection Cards.

Article 5. Subjects eligible for issuance of Special Protection Certificate

1. Commanders and Deputy Commanders of the General Guard Command under the Ministry of Public Security; Directors and Deputy Directors of the Military Security Protection Department under the Ministry of National Defense.

2. Commanders of units under the General Guard Command of the Ministry of Public Security including: planning; protection of Party and State leaders; protection of international guests, rallies, conferences; protective technical services; Central Region Protection; Southern Region Protection.

3. Commanders of security protection units under the Military Security Protection Department of the Ministry of National Defense.

4. Protective officers with access.

5. Officers directly performing security protection tasks according to orders from the Commander of the General Guard Command and the Director of the Military Security Protection Department in emergency situations.

Article 6. Cases of replacement and reissuance of Special Protection Certificate

1. The Special Protection Certificate is replaced if it is damaged, torn, or deteriorated to the point of being unusable.

2. The Special Protection Certificate is reissued if it is lost.

Article 7. Authority to issue, replace, reissue, hand over, recover, and destroy Special Protection Certificates

1. The Minister of Public Security decides on the issuance, replacement, reissuance, and destruction of Special Protection Certificates.

2. The Commander of the General Guard Command and the Director of the Military Security Protection Department decide on handing over and recovering Special Protection Certificates within their management scope.

Article 8. Procedures for issuing, replacing, and reissuing Special Protection Certificates

1. The Military Security Protection Department compiles a list of subjects eligible for issuance, replacement, and reissuance of Special Protection Certificates along with a request letter sent to the General Guard Command.

2. The General Guard Command collects lists of subjects eligible for issuance, replacement, and reissuance of Special Protection Certificates under the General Guard Command and the Military Security Protection Department and submits them to the Minister of Public Security for consideration and decision on issuance, replacement, and reissuance of Special Protection Certificates.

Article 9. Handing over Special Protection Certificates for the performance of security protection duties

1. The Special Protection Certificate is handed over to the subject specified in Article 5 of this Circular when performing security protection duties.

2. The handover of the Special Protection Certificate must be documented in writing. When handing over the Special Protection Certificate, procedures for handover and receipt must be followed.

Article 10. Recovery of Special Protection Certificates

1. The Special Protection Certificate shall be recovered in the following cases:

a) The subject to whom the Special Protection Certificate was handed over ceases to perform security protection duties;

b) The subject to whom the Special Protection Certificate was handed over retires, resigns, is transferred, appointed, rotated, seconded, resigns voluntarily, is relieved of duty, dismissed, demoted, or temporarily suspended from work in accordance with the law;

c) The subject to whom the Special Protection Certificate was handed over dies, goes missing, is declared by the Court to have lost civil capacity, or has restricted civil capacity;

d) The subject to whom the Special Protection Certificate was handed over is detained or arrested for investigative, prosecution, or trial purposes, or violates regulations on the use of the Special Protection Certificate;

e) The Special Protection Certificate expires.

2. The recovery of the Special Protection Certificate must be documented in writing and confirmed by both the party handing over and the party receiving.

Article 11. Management of Special Protection Certificates

1. The General Guard Command and the Military Security Protection Department are responsible for maintaining records of the issuance, replacement, reissuance, handover, recovery, and destruction of Special Protection Certificates.

2. Units directly managing subjects to whom Special Protection Certificates are handed over must periodically check the management and use of Special Protection Certificates within their units and report the results to the General Guard Command and the Military Security Protection Department.

3. Annually, the Military Security Protection Department reports on the management and use of Special Protection Certificates within its jurisdiction to the General Guard Command for consolidation; the General Guard Command is responsible for reporting to the Minister of Public Security on the management and use of Special Protection Certificates of the security forces under the Ministry of Public Security and the Ministry of National Defense.

Article 12. Destruction of Special Protection Certificates

1. The Special Protection Certificate shall be destroyed in the following cases:

a) Expiration of the usage period;

b) Being torn, deteriorated, or damaged.

2. Procedures for destroying Special Protection Certificates

a) The Military Security Protection Department collects Special Protection Certificates for destruction along with a request letter sent to the General Guard Command;

b) The General Guard Command is responsible for collecting Special Protection Certificates for destruction of security forces under the Ministry of Public Security and the Ministry of National Defense and reporting to the Minister of Public Security for consideration and decision on destruction;

c) The destruction must be recorded in a protocol.

Article 13. Responsibilities of the subject receiving the Special Protection Certificate 1. Only use the Special Protection Certificate when performing protective duties.

2. Properly store and use the Special Protection Certificate for its intended purpose.

3. Immediately report to the direct managing unit's head in case the Special Protection Certificate is lost, damaged, torn, or deteriorated.

Article 14. Handling Violations in the Management and Use of the Special Protection Certificate

Any person who violates regulations on issuing, exchanging, reissuing, delivering, recalling, destroying, managing, storing, and using the Special Protection Certificate shall be disciplined, administratively sanctioned, or criminally prosecuted according to the provisions of the law depending on the nature and severity of the violation.

When a People's Public Security Guard Officer presents the Special Protection Certificate together with the People's Public Security Identity Card, or a Defense Force Guard Officer presents the Special Protection Certificate together with the Officer Identity Card, relevant agencies, organizations, and individuals must strictly comply with their requests.

Article 15. Responsibilities of agencies, organizations, and individuals

This Circular takes effect from July 1, 2018, and replaces Circular No. 08/2012/TT-BCA dated February 6, 2012, issued by the Minister of Public Security regarding the Special Protection Certificate.

Chapter III
IMPLEMENTATION

Article 16. Effective Date

1. The Commander of the General Guard Command is responsible for monitoring, guiding, inspecting, and urging the implementation of this Circular.

Article 17. Responsibility for Implementation

2. Heads of public security units at all levels, Directors of the Military Security Protection Department, and related organizations and individuals are responsible for organizing the implementation of this Circular.

During the implementation process, if there are difficulties or obstacles, public security units at all levels and related organizations and individuals should reflect them to the Ministry of Public Security (through the General Guard Command) for guidance on implementation./.

During the process of organizing and implementing, if there are difficulties or obstacles, the police units at all levels, localities, and organizations and individuals shall report to the Ministry of Public Security (through the General Department of Guard) for guidance on implementation./.