Circular No. 14/2024/TT-BCA detailing certain provisions of the Law on Forces Participating in Security and Order Protection at the Grassroots Level

CIRCULAR

Detailed regulations on certain provisions of the Law on Forces Participating in Security and Order Protection at the Grassroots Level

participate in safeguarding security and public order at the facility

Decree No. 98/2023/NĐ-CP dated November 31, 2023 of the Government detailing certain provisions of the Law on Competition and Reward

Pursuant to Decree No. 40/2024/NĐ-CP dated April 16, 2024 of the Government detailing certain provisions of the Law on Forces Participating in Security and Order Protection at the Grassroots Level;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Department of Legal Affairs and Administrative Reform and Justice;

The Minister of Public Security promulgates this Circular detailing certain provisions of the Law on Forces Participating in Security and Order Protection at the Grassroots Level.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates on: Files, procedures for selecting members of security and order protection teams; procedures for establishing security and order protection teams, recognizing team members; procedures for adjusting the number of team members, teams, and terminating participation in forces participating in security and order protection at the grassroots level; training, capacity building, drills, and competitions for forces participating in security and order protection at the grassroots level; issuance, replacement, reissuance, revocation, management, and use of insignia and certificates for forces participating in security and order protection at the grassroots level; equipping auxiliary tools for forces participating in security and order protection at the grassroots level.

Article 2. Applicability

This Circular applies to forces participating in security and order protection at the grassroots level; agencies, organizations, and individuals related to building such forces and ensuring operational conditions for forces participating in security and order protection at the grassroots level.

Chapter II
SPECIFIC PROVISIONS

Article 3. Files, Procedures, and Processes for Selecting Members of Security and Order Protection Teams

1. The selection file includes: Application form for participation in forces participating in security and order protection at the grassroots level (Form No. 01 attached to this Circular); personal history statement; health certificate from a medical establishment established and operating according to the law confirming sufficient health; graduation certificate or completion of secondary education or higher, or completion of primary education as stipulated in Clause 3, Article 13 of the Law on Forces Participating in Security and Order Protection at the Grassroots Level.

2. Developing and publicly announcing the selection plan:

a) Based on practical requirements, the police station at the commune level develops a plan for selecting members of security and order protection teams that meet the needs of security and order protection at the grassroots level and reports to the People's Committee at the same level for approval of the plan;

The plan includes: Purpose, requirements, standards, conditions, components of the file, number of members to be selected, deadline and location for receiving files; proposed time for organizing the selection meeting; other relevant contents.

b) Immediately after the People's Committee at the commune level issues the selection plan, the police station at the commune level publicly posts the selection plan at the People's Council, People's Committee, police station, cultural house, and community activity points in villages and residential wards.

3. Receiving files and publicly announcing the list of citizens applying for selection:

a) The police station at the commune level organizes the receipt of application files. In cases where the file is incomplete or not in compliance with regulations, the file reception department has the responsibility to immediately notify and guide to complete the file according to regulations;

b) Upon the end of the file submission period, the police station at the commune level compiles a list of citizens applying for selection, reports to the People's Committee at the same level for approval, and publicly posts the list of citizens applying for selection at the People's Council, People's Committee, police station, cultural house, and community activity points in villages and residential wards within 15 working days before the date of the selection meeting.

4. Establishing the Selection Examination Board:

The Chairman of the People's Committee at the commune level decides to establish the Selection Examination Board (Form No. 08 attached to this Circular). The composition of the Selection Examination Board includes the Chairman representing the leadership of the People's Committee at the commune level, the Deputy Chairman being the Chief of Police at the commune level or Deputy Chief of Police at the commune level, and members representing: Communist Youth Union at the commune level, Vietnam Women's Union at the commune level, Vietnam Farmers' Union at the commune level, civil servants at the commune level, and representatives of villages and residential wards, the People's Advisory Council at the village and residential ward levels (hereinafter referred to as members of the Selection Examination Board). The number of members of the Selection Examination Board is decided by the Chairman of the People's Committee at the commune level.

5. Organizing the Selection Meeting:

a) The time for organizing the selection meeting is conducted after the public posting of the list of citizens applying for selection and is determined by the Chairman of the Selection Examination Board regarding the time;

The Selection Examination Board organizes the meeting when more than half of the total number of members of the Selection Examination Board attend and must have the presence of the Chairman of the Selection Examination Board or the Deputy Chairman authorized to chair the meeting.

b) The examination content is based on the standards and conditions stipulated in Article 13 of the Law on Forces Participating in Security and Order Protection at the Grassroots Level and the selection file as prescribed in this Circular.

6. Procedures during the meeting:

a) The Chairman of the Selection Examination Board or the Deputy Chairman authorized to chair the meeting declares the purpose, objectives, content of the meeting, and announces: List of applicants and their backgrounds; standards and conditions for participation in forces participating in security and order protection at the grassroots level as prescribed; list of Selection Examination Board members; examination format; secretary of the meeting and other relevant contents;

b) In cases where the examination is conducted through open hand-raising voting, the meeting secretary counts the number of Selection Examination Board members present and votes, records the examination results in the Minutes with confirmation from the Chairman of the Selection Examination Board or the Deputy Chairman authorized to chair the meeting, the meeting secretary, and publicly announces at the meeting (Form No. 04 attached to this Circular).

In cases where the examination is conducted through secret ballot, the ballot paper must bear the seal of the People's Committee at the commune level (Form No. 02 attached to this Circular). The Selection Examination Board introduces a Counting Team including a Team Leader, Deputy Team Leader, Member, and Secretary of the Counting Team. The Counting Team counts the ballots immediately after the voting ends, records the examination results in the Minutes with confirmation from the Team Leader and the Secretary of the Counting Team, and publicly announces at the meeting (Form No. 03 attached to this Circular).

7. Examination results and public announcement of examination results:

a) A citizen who is examined and proposed for recognition as a member of the Security and Order Protection Team must be approved by more than half of the total number of members of the Examination Board present at the meeting through voting or secret ballot.

In cases where a citizen participating in the examination is approved by more than half of the total number of members of the Examination Board present at the meeting but exceeds the required number of team members to be selected, the number of members to be recognized as team members will be determined based on the list of members present at the meeting, selecting from highest to lowest until the required number of team members is reached.

In cases where the voting or secret ballot results are tied, the Chairman or Vice-Chairman of the Examination Board authorized to chair the meeting shall make the decision.

b) Within three working days from the date of recording the examination result minutes, the commune police shall publicly announce the examination result minutes at the People's Council, People's Committee, and police station offices, cultural houses, and community activity points in villages and residential wards, and notify the examination results to the addresses of the candidates, and inform the time to receive their assignments if they are selected.

Article 4. Procedures and formalities for establishing the Security and Order Protection Team and recognizing its members

1. Within five working days from the date of recording the examination result minutes, the commune police shall submit a report with the following documents to the Chairman of the same-level People's Committee for a decision to establish the Security and Order Protection Team, recognize the Team Leader, Deputy Team Leader, and Team Members: Minutes of the examination results for Team Members; List proposing recognition as Team Members (Form No. 05 attached to this Circular); List recommending recognition as Team Leader and Deputy Team Leader (Form No. 06 attached to this Circular).

2. In villages and residential wards where the Head and Deputy Head of the Civil Defense Team have been appointed according to the Fire Prevention and Fighting Law, the commune police shall base on the capabilities and professional qualifications of those appointed as Heads and Deputies of the Civil Defense Team and submit a report to the Chairman of the same-level People's Committee for a decision to recognize them as Team Leader and Deputy Team Leader.

3. Within five working days from the date of receiving the commune police's report, the Chairman of the commune People's Committee shall consider and decide on establishing the Security and Order Protection Team (Form No. 08 attached to this Circular), recognizing the Team Leader, Deputy Team Leader, and Team Members (Form No. 08 attached to this Circular), and instruct the commune police to publicly announce the decision at the People's Council, People's Committee, and police station offices, cultural houses, and community activity points in villages and residential wards.

Article 5. Procedures and formalities for adjusting the number of members, number of Security and Order Protection Teams, and terminating participation in security and order protection forces at the grassroots level

1. In cases of supplementing members and Security and Order Protection Teams as stipulated in point a, Clause 1 and Clause 2 of Article 17 of the Grassroots Security and Order Protection Forces Law, the procedures set forth in Articles 3 and 4 of this Circular shall be followed.

2. Adjustments in increasing or decreasing the number of members and Security and Order Protection Teams as stipulated in point b, Clause 1 and Clause 2 of Article 17 of the Grassroots Security and Order Protection Forces Law: Based on the decision of the provincial People's Committee regarding adjustments in the number of members and Security and Order Protection Teams, the following procedures shall be implemented:

a) In cases of increasing the number of members and Security and Order Protection Teams, the procedures set forth in Articles 3 and 4 of this Circular shall be followed;

b) In cases of reducing the number of Security and Order Protection Teams: The commune police shall take the lead, coordinate with the Village Chief, Ward Chief, and Head of the Mass Front Work Committee in the village and ward, and submit a report to the Chairman of the same-level People's Committee for a decision to dissolve the Security and Order Protection Team.

Within five working days from the date of receiving the commune police's report, the Chairman of the commune People's Committee shall consider and decide on dissolving the Security and Order Protection Team (Form No. 08 attached to this Circular) and instruct the commune police to publicly announce the decision at the People's Council, People's Committee, and police station offices, cultural houses, and community activity points in villages and residential wards.

The reduction in the number of members of the Security and Order Protection Team shall be carried out in stages and in accordance with the number of members of the Security and Order Protection Team decided by the provincial People's Committee for adjustment.

3. Terminating participation in security and order protection forces at the grassroots level:

a) For cases stipulated in point a, Clause 3 of Article 17 of the Grassroots Security and Order Protection Forces Law: The commune police shall take the lead in receiving resignation applications and within five working days from the date of receipt, the commune police shall coordinate with the Village Chief, Ward Chief, and Head of the Mass Front Work Committee in the village and ward to review and submit a report with the Application for Resignation from Participation in Security and Order Protection Forces (Form No. 07 attached to this Circular) to the Chairman of the commune People's Committee for consideration and decision;

b) For cases stipulated in points b, c, and d, Clause 3 of Article 17 of the Grassroots Security and Order Protection Forces Law: The commune police shall take the lead, coordinate with the Village Chief, Ward Chief, and Head of the Mass Front Work Committee in the village and ward to compile information and documents, and submit a report with the Application for Resignation from Participation in Security and Order Protection Forces (Form No. 07 attached to this Circular) to the Chairman of the commune People's Committee for consideration and decision;

c) Within five working days from the date of receipt of the document from the commune police, the Chairman of the Commune People's Committee shall examine and decide to terminate participation in the force for maintaining security and public order at the grassroots level (Model No. 08 attached as an appendix to this Circular) and instruct the commune police to publicly post the decision at the headquarters of the People's Council, People's Committee, commune police, cultural house, and communal activity centers in villages and residential wards.

Article 6. Training, enhancement, drills, and competitions for the force participating in maintaining security and public order at the grassroots level

1. Political and legal training and enhancement, including:

a) The guiding viewpoints and requirements for building the force participating in maintaining security and public order at the grassroots level;

b) An overview of laws related to the organization, operation, and implementation of tasks for maintaining security and public order at the grassroots level and ensuring conditions for the operation of the force participating in maintaining security and public order at the grassroots level.

2. Vocational training and enhancement appropriate to the support tasks of the force participating in maintaining security and public order at the grassroots level, including:

a) Understanding the situation regarding security and public order;

b) Building the whole people movement to protect national security;

c) Fire prevention, firefighting, rescue operations;

d) Administrative management of social public order;

đ) Mobilizing and educating individuals who have committed violations of the law residing at the grassroots level;

e) Patrols to ensure security, public order, and traffic safety; performing tasks to maintain security and public order when mobilized.

3. Drills: Based on the requirements and tasks for maintaining security and public order at the grassroots level, local police build plans and organize drills for the force participating in maintaining security and public order at the grassroots level in accordance with assigned tasks under the following scenarios:

a) Directly detecting violations of laws on security, public order, social evils, domestic violence within the area of responsibility;

b) Participating with the commune police in checking population registration, temporary residence, and absence; grasping population information within the area of responsibility; grasping information about the activities of businesses operating in industries and trades subject to conditional investment in terms of security and public order; detecting cases of violation of regulations on the management and use of fireworks, weapons, explosives, and auxiliary tools;

c) Participating in mobilizing and educating individuals who have committed violations of the law residing at the grassroots level;

d) Supporting fire prevention, firefighting, and rescue operations;

đ) Protecting crime scenes, maintaining security and public order, and providing emergency medical care to victims;

e) Arresting criminals caught in the act and those being sought;

g) Resolving internal conflicts among the people;

h) Participating with the commune police in patrols to ensure security and public order; directing traffic flow and resolving traffic congestion;

i) Other scenarios directly serving the performance of tasks by the force participating in maintaining security and public order at the grassroots level.

4. Competitions:

a) Competitions organized by localities: Held every five years, based on the requirements and tasks for maintaining security and public order at the grassroots level, local police advise the local authorities at the same level to organize competitions for the force participating in maintaining security and public order at the grassroots level (organized at the district and provincial levels);

b) Competitions organized by the Ministry of Public Security: Held every five years, the Department of Mass Mobilization for National Security Protection takes the lead in drafting plans and organizing nationwide competitions for the force participating in maintaining security and public order at the grassroots level by the Ministry of Public Security.

5. The Department of Mass Mobilization for National Security Protection takes the lead and coordinates with relevant units to compile training and enhancement programs and materials according to the contents stipulated in Clause 1 and Clause 2 of this Article and distribute them to police units and localities.

In case it is necessary to update and supplement training and enhancement materials to comply with current legal provisions and practical requirements, the Department of Mass Mobilization for National Security Protection takes the lead and coordinates with relevant units to report to the leadership of the Ministry of Public Security for permission to compile and distribute the materials to police units and localities.

6. Based on practical requirements, local police build plans and organize political and legal training and vocational enhancement for the force participating in maintaining security and public order at the grassroots level within their jurisdiction according to the materials compiled by the Department of Mass Mobilization for National Security Protection.

Article 7. Issuance, renewal, reissuance, revocation, management, and use of insignia and certificates for forces participating in security and public order protection at grassroots level

1. Members of the Security and Public Order Protection Team shall be issued and use insignia and certificates to perform their duties and are responsible for managing, preserving, and presenting them upon request for inspection by the Police Station of the commune or competent authority.

2. Insignia and certificates of forces participating in security and public order protection at grassroots level that are damaged, expired, or have changed information shall be renewed; those that are lost shall be reissued. The authority to issue, renew, reissue, and revoke insignia and certificates for forces participating in security and public order protection at grassroots level is stipulated in point b, Clause 2, Article 3 of Decree No. 40/2024/NĐ-CP dated April 16, 2024, detailing certain provisions of the Law on Forces Participating in Security and Public Order Protection at Grassroots Level.

The Police Station of the commune organizes printing according to the model, maintains records, manages, and assists the Chairman of the People's Committee of the commune in organizing the implementation of printing, issuance, renewal, reissuance, and revocation of insignia and certificates for forces participating in security and public order protection at grassroots level.

3. The insignia shall be pinned or clipped on the left chest or worn on the front chest. The person holding the insignia and certificate may only use it when performing duties, is responsible for managing and preserving it, and must not lend it to others or allow others to use it; if lost or damaged, they must immediately report to the directly managing Police Station of the commune; when no longer a member of the Security and Public Order Protection Team or ceasing to participate in forces participating in security and public order protection at grassroots level, they must return the insignia and certificate to the directly managing Police Station of the commune for revocation.

Article 8. Provision of support tools for forces participating in security and public order protection at grassroots level

1. The Ministry of Public Security provides support tools for forces participating in security and public order protection at grassroots level from the central budget in accordance with Clause 1, Article 25 of the Law on Forces Participating in Security and Public Order Protection at Grassroots Level; specifically as follows:

2. Annually, the Police Station of the commune compiles the quantity and type of support tools required for forces participating in security and public order protection at grassroots level and sends it to the Police Station of the district for consolidation, which then forwards it to the Provincial Police Department to prepare the budget and submit it to the Financial Planning Bureau for review, consolidation, and reporting to the leadership of the Ministry of Public Security for consideration and decision.

3. Based on the quantity and types of support tools provided in accordance with this Circular, the Police Station of the commune organizes the management of such support tools in accordance with laws on the management and use of state assets and related laws, and decides on the types and quantities of support tools to be provided to each member of the Security and Public Order Protection Team and the types of support tools to be used collectively by the team when performing tasks.

Chapter III
IMPLEMENTING PROVISIONS

Article 9. Amendment and supplementation of Clause 4, Article 9 of Circular No. 17/2018/TT-BCA dated May 15, 2018, of the Minister of Public Security regarding the provision of weapons, ammunition, and support tools

Amend and supplement Clause 4, Article 9 as follows:

"4. The Security and Public Order Protection Team may be considered for the provision of the following types of support tools: rubber baton, metal baton, anti-stab vest, knife-catching gloves."

Article 10. Effective Date

1. This Circular takes effect from July 1, 2024.

2. Units under the Ministry specified in this Circular, when reorganized and renamed, shall implement according to the new name of the unit assigned tasks related to forces participating in security and public order protection at grassroots level as stipulated in relevant legal documents.

3. The following documents shall cease to be effective from the date this Circular takes effect:

a) Circular No. 32/2009/TT-BCA-V19 dated May 28, 2009, of the Minister of Public Security on training programs and training for Commune Police;

b) Circular No. 12/2010/TT-BCA dated April 8, 2010, of the Minister of Public Security detailing the implementation of certain provisions of the Commune Police Ordinance and Decree No. 73/2009/NĐ-CP dated September 7, 2009, of the Government detailing the implementation of certain provisions of the Commune Police Ordinance;

c) Circular No. 08/2013/TT-BCA dated February 1, 2013, of the Minister of Public Security on the organization and operation of the Construction Movement and Village Security and Public Order Responsibility Police;

d) Circular No. 14/2014/TT-BCA dated April 4, 2014, of the Minister of Public Security amending Clause 2, Article 17 of Circular No. 12/2010/TT-BCA dated April 8, 2010, of the Minister of Public Security detailing the implementation of certain provisions of the Commune Police Ordinance and Decree No. 73/2009/NĐ-CP dated September 7, 2009, of the Government detailing the implementation of certain provisions of the Commune Police Ordinance.

Article 11. Responsibility for Implementation

1. The Director of the Legal System and Administrative Reform Bureau is responsible for urging, guiding, and inspecting the implementation of this Circular.

2. Heads of units under the Ministry, Directors of Provincial Police Departments, and relevant agencies, organizations, and individuals are responsible for implementing this Circular.

During the implementation of this Circular, if there are difficulties or obstacles, local police units, agencies, organizations, and individuals concerned shall report to the Ministry of Public Security (through the Legal System and Administrative Reform Bureau) for timely guidance./.