Joint Circular No. 19/2006/TTLT/BLDTBXH-BCA guiding the coordination work to ensure security and order and the provision, management, and use of support tools for Rehabilitation-Correction-Social Labor Centers.

JOINT CIRCULAR
Guidelines on cooperation to ensure security and order and the provision, management, and use of support tools for Rehabilitation-Education-Social Work Centers

Pursuant to Decree No. 135/2004/NĐ-CP dated June 10, 2004 of the Government stipulating the regime of applying measures to place individuals in medical facilities, organizing activities of such facilities under the Administrative Violation Handling Ordinance, and the regime applicable to minors and those voluntarily entering medical facilities;
Pursuant to Decree No. 47/CP dated August 12, 1996 of the Government on the management of weapons, explosives, and support tools;
Pursuant to Decree No. 29/2003/NĐ-CP dated March 31, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to Decree No. 136/2003/NĐ-CP dated November 14, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security.The Ministry of Labor, Invalids and Social Affairs and the Ministry of Public Security hereby issue guidelines on cooperation to ensure security and order and the provision, management, and use of support tools for Rehabilitation-Education-Social Work Centers (hereinafter referred to as Centers)established pursuant to Decree No. 135/2004/NĐ-CP dated June 10, 2004 of the Government stipulating the regime of applying measures to place individuals in medical facilities, organizing activities of such facilities under the Administrative Violation Handling Ordinance, and the regime applicable to minors and those voluntarily entering medical facilities as follows:

I. CONTENTS OF COOPERATION TO ENSURE SECURITY AND ORDER AT CENTERS

1. Prevention of violations of law and maintenance of security and order at Centers

1.1. Efforts to prevent violations and maintain security and order at Centers must be conducted continuously and effectively to promptly detect, prevent, and strictly handle all acts violating laws on security and order.

1.2. The Centers shall be responsible for implementing measures to ensure security and order at their premises.

Public security agencies at various levels within their functions and responsibilities shall cooperate with Centers in ensuring security and order at Centers; they shall dispatch forces to Centers upon receiving notification of serious incidents concerning security and order that exceed the capacity of the Centers to resolve.

1.3. Centers and public security agencies at commune, ward, town level (hereinafter referred to as Commune-level Public Security Agencies), and public security agencies at district, city district, provincial town, and provincial city level (hereinafter referred to as District-level Public Security Agencies) shall be responsible for informing each other about situations related directly to maintaining security and order at Centers. Monthly, Centers shall provide Commune-level Public Security Agencies where Centers are located with the number of current trainees and lists of trainees entering and leaving Centers. When trainees complete their terms and return to their home regions, Centers shall inform Commune-level Public Security Agencies where trainees reside to manage and educate them.1.4. Centers shall be responsible for organizing regular monthly meetings with Commune-level Public Security Agencies where Centers are located to review the implementation of efforts to ensure security and order at Centers and to unify measures to ensure security and order for the subsequent period.1.5. Centers shall be responsible for leading the development and unifying with Commune-level Public Security Agencies and District-level Public Security Agencies plans to address situations involving breaches of security and order at Centers such as collective escapes of trainees or attacks from outside to free trainees; in cases of fire, explosion, and other complex situations involving security and order at Centers. Depending on actual conditions, Centers may organize drills for these plans.1.6. Commune-level Public Security Agencies, District-level Public Security Agencies, and Centers shall be responsible for establishing hotlines, publicly announcing telephone numbers and locations of complaint mailboxes; organizing appropriate forms of publicity to widely disseminate regulations on ensuring security and order at Centers and surrounding areas, methods, and tactics of violators.1.7. Commune-level Public Security Agencies where Centers are located shall be responsible for advising the People's Committee at the same level to request residents living near the Center area to commit not to violate or assist in violations affecting security and order at Centers and to report and reflect on such violations to authorities and Centers.

2. Resolution of cases involving breaches of security and order at Centers

2.1 When breaches of security and order occur at Centers or in the surrounding areas where Centers are located, Centers shall take the initiative to resolve them and then notify Commune-level Public Security Agencies and District-level Public Security Agencies where Centers are located to understand the overall situation.

2.2 In cases of particularly serious and complex breaches of security and order such as: trainees gathering in large numbers to smash and destroy property, collectively escape; attacks from outside to free trainees exceeding the authority and capacity to resolve, Centers shall immediately report to the nearest public security agency; upon receiving the report, the public security agency shall dispatch forces to cooperate in resolving the situation.

3. Training to enhance capabilities in ensuring security and order at Centers

3.1 Annually, based on actual conditions and requirements, Centers shall develop plans for training and instructing staff on security and order protection work at Centers and the management and use of support tools for security guards at Centers; simultaneously, they shall send letters to Provincial-level Public Security Agencies (hereinafter referred to as Provincial-level Public Security Agencies) where Centers are located along with these plans to request cooperation and assistance. Upon receiving requests from Centers, Provincial-level Public Security Agencies shall be responsible for directing the Department of Protective Police and Judicial Assistance and relevant units to arrange personnel to cooperate and assist Centers in implementing the plans.

2.1 In case of security and public order violations occurring at the Center or in the surrounding areas where the Center is located, the Center shall take the initiative to handle such incidents and then report to the commune police and district police where the Center is located to understand the overall situation.

2.2 In cases of particularly serious and complex security and public order incidents, such as students gathering in large numbers to smash and destroy property, escape collectively, or external attacks aimed at freeing students that exceed the Center's authority and capacity to resolve, the Center shall immediately report to the nearest police agency; upon receiving the report, the police agency shall dispatch forces to cooperate in resolving the incident.

3. Enhancing the capacity for security and public order work at the Center

3.1 Annually, based on actual conditions and requirements, the Center shall develop a training plan for professional skills related to security and public order work at the Center and management and use of support tools for security staff at the Center; simultaneously, it shall send a letter to the provincial police agency where the Center is located (hereinafter referred to as the provincial police agency) along with the plan to request cooperation and assistance. Upon receiving the Center’s request letter, the provincial police agency shall instruct the Department of Protective Police and Judicial Assistance and relevant units to arrange personnel to cooperate and assist the Center in implementing the plan.

The funds for training and vocational instruction on security protection and maintaining public order at the Center and managing and using support tools for security officers at the Center shall be borne by the Center.

3.2. The Center is responsible for educating its staff about ensuring public order and security, aiming to promptly grasp the ideological trends, sentiments, aspirations of trainees, and other issues related to maintaining public order and security, thereby formulating proactive prevention plans and timely handling measures when adverse situations arise.

II. EQUIPMENT, MANAGEMENT AND USE OF SUPPORT TOOLS

1. Provision of Support Tools

Support tools provided to the Center include: rubber batons; rubber sticks; electric sticks; electric gloves; pepper spray, sedative sprays; handcuffs; rubber bullets and corresponding ammunition.

Based on specific requirements for ensuring public order and security, the Center Director assigns support tools to security officers for use during their duties. The handover, management, and use of support tools must comply with legal regulations and guidelines set forth in this Circular.

2. Procedures for Requesting Provision of Support Tools

2.1. A letter from the Center Director (with approval from the Director of the Department of Labor, Invalids and Social Affairs) sent to the provincial police where the Center is located, clearly stating the quantity and types of support tools requested for provision.

2.2. A certified copy of the Decision of the Chairman of the Provincial People's Committee regarding the establishment of the Center; a copy of the Project for establishing and operating the Center.

2.3. An introduction letter from the Center and the Identity Card of the person making contact.

3. Application Documents for Obtaining a Permit to Use Support Tools

The permit to use support tools for the Center is issued by the provincial police where the Center is located, valid for three years. The application procedures are as follows:

3.1. In case of applying for a new permit to use support tools

a) A request letter from the Center Director sent to the provincial police where the Center is located;

b) A declaration form for support tools requesting a permit to use support tools (according to the model prescribed by the Ministry of Public Security);

c) An inventory list or a certified copy of the inventory list of support tools requesting a permit to use (stamped with confirmation by the Center);

d) A certified copy of the permit to purchase support tools issued by the competent public security authority (stamped with confirmation by the Center);

đ) A certified copy of the Decision of the Chairman of the Provincial People's Committee regarding the establishment of the Center;

e) An introduction letter from the Center accompanied by the Identity Card of the person delegated to handle the procedure.

3.2. In case of applying for replacement or reissue of the permit to use support tools

a) A request letter from the Center Director, clearly stating the reasons for the application (permit expired, lost, damaged, or other legitimate reasons); in case of replacement, the expired permit must be returned for record keeping.

b) An introduction letter from the Center accompanied by the Identity Card of the person delegated to handle the procedure.

4. Within fifteen working days from the date of receiving complete and valid application documents, the public security authority is responsible for processing the provision of support tools and issuing the permit to use support tools for the Center. If不同意翻译结果中出现的任何不准确或添加的内容。请严格按照规则进行翻译，不要添加任何解释或评论。以下是直接翻译的内容，请检查是否符合要求：

5. Transporting support tools

The transportation of support tools must be accompanied by documents such as invoices, warehouse release forms, Support Tool Usage Permit, or other lawful documents.

6. Using support tools

6.1 Support tools may only be put into use after obtaining a Usage Permit issued by the competent police agency.

6.2 Support tools may only be handed over to security staff who have completed training courses on the storage and use of support tools organized by the police agency.

6.3 The handover of support tools and the Usage Permit must be fully and specifically recorded in logbooks, with signatures from both parties involved in the handover.

Security staff equipped with support tools are responsible for storing and using them in accordance with regulations. After completing their tasks, they must immediately return the tools to the Center’s support tool management department. In case of loss of support tools or the Usage Permit, they must promptly report to the Center Director to inform the issuing police agency.

6.4 Support tools may only be used after all measures of explanation and persuasion towards violators have been applied but the violator still does not comply and continues to violate, such as resisting law enforcement officers, causing disturbances严重影响当地中心的治安秩序；或者为了正当防卫。使用胡椒喷雾、麻醉剂；橡皮子弹；8号锁，必须由中心主任下令执行。

6.5 Law enforcement officers carrying support tools for the purpose of apprehending escaped students must carry the Usage Permit issued by the competent police agency. When inspected by functional agencies, they must present the Usage Permit and clearly state the purpose of carrying the support tool.

It is strictly prohibited to lend or hand over support tools to persons without responsibility for managing and using them; to bring support tools home or carry them when not on duty; or to take support tools out of the Center without a written opinion from the Center Director.

In cases of serious violations regarding the provision, management, and use of support tools, the Usage Permit will be revoked.

7. Management and storage of support tools

7.1 Support tools must be strictly managed and centrally stored in the Center’s Security Room. The Security Room must be equipped with sturdy, secure, fireproof, and explosion-proof cabinets to store support tools safely.

7.2 The Security Room is responsible for assisting the Center Director in managing and storing support tools, handing them over to individuals for use during duty performance, and collecting them back upon completion. Handovers must be recorded and signed off in the usage logbook.

8. Scrapping and destruction of support tools

8.1. From December 15 to December 31 each year, the Center must organize inspections to check the quantity and classify the quality of support tools that have been equipped. In cases where support tools are damaged, the Center must prepare a document requesting the police agency that issued the Usage Permit to introduce it to a repair facility according to regulations; in cases where repairs cannot be made, the Center must prepare a document requesting the Director of the Department of Labor, Invalids, and Social Affairs to approve liquidation and destruction.

8.2. The Director of the Department of Labor, Invalids, and Social Affairs issues a decision to establish a Liquidation and Destruction Committee for support tools. The committee consists of:

a) Deputy Director of the Department of Labor, Invalids, and Social Affairs - Chairperson of the Committee;

b) Representative of the police agency issuing the Usage Permit - member;

c) Representative of the provincial financial authority - member;

d) Representative of the Center's leadership - member.

8.3. Support tools subject to destruction must be completely deformed, with no possibility of restoration or reuse. At the same time, the destruction of support tools must ensure safety and not cause environmental pollution. Upon completion of the destruction, a record must be established with signatures from the Chairperson and all members of the Destruction Committee. The Usage Permit number for the destroyed support tools must be returned to the police agency that issued the permit.

9. The Provincial Public Order Management Police Department has the responsibility to coordinate with the Center to regularly inspect and guide the equipping, management, and use of support tools, ensuring that these activities comply with legal regulations.

III. REGIME, POLICY, AND EXPENSES FOR COOPERATIVE WORK TO ENSURE SECURITY AND ORDER AT THE CENTER

1. Regime and policy

1.1. Security forces at the Center and police forces cooperating to ensure security and order at the Center who are exposed to HIV or infected with HIV while on duty shall enjoy the regime and policies regarding exposure to HIV or infection with HIV due to occupational accidents or risks as stipulated in Decision No. 265/2003/QD-TTg dated December 16, 2003 of the Prime Minister concerning the regime for persons exposed to HIV or infected with HIV/AIDS due to occupational accidents or risks. The file, procedures, and formalities for recognizing exposure to HIV or infection with HIV due to occupational accidents or risks are as follows:

a) For Center staff: The Center is responsible for preparing the file and conducting the procedures according to the guidelines set out in Circular No. 09/2005/TT-BYT dated March 28, 2005 of the Ministry of Health on guiding the conditions for determining persons exposed to HIV or infected with HIV due to occupational accidents or risks.

b) For police officers: The Center is responsible for preparing a record of occupational accidents or risks for officers exposed to HIV while performing their duties and sending a letter to the direct managing unit of those officers to complete the procedures according to the guidelines set out in Circular No. 09/2005/TT-BYT dated March 28, 2005 of the Ministry of Health on guiding the conditions for determining persons exposed to HIV or infected with HIV due to occupational accidents or risks.

1.2. Police officers cooperating to perform tasks at the Center who are injured or killed while performing tasks to prevent, arrest violators, and carry out other tasks related to ensuring security and order at the Center shall be considered and recommended for recognition as war invalids or martyrs according to the provisions of the law.

2. Expenses for ensuring security and order at the Center

2.1. Expenses for ensuring security and order at the Center include funds allocated for activities such as propaganda and education on ensuring security and order at the Center, meetings, training, and specialized operations related to ensuring security and order; purchasing and training on the use of support tools; equipping fire prevention and firefighting equipment and other related activities.

2.2. Expenses for ensuring security and order at the Center are funded from the state budget of the local government where the Center was established and are allocated within the annual operating expenses of the Center according to the joint Circular No. 45/2002/TTLT/BTC-BLDTBXH dated May 16, 2002 of the Ministry of Finance and the Ministry of Labor, Invalids, and Social Affairs on guiding financial management for medical facilities under the management of the Ministry of Labor, Invalids, and Social Affairs.

2.3. Annually, based on the actual requirements of the work to ensure security and order and the equipping, management, and use of support tools at the unit, the Center is responsible for preparing a budget estimate for expenses for ensuring security and order, submitting it to the competent authority for approval. The preparation, allocation, implementation, and settlement of the budget must be carried out in accordance with the provisions of the State Budget Law and the implementing regulations.

IV. IMPLEMENTATION

1. Responsibilities of the Department of Labor, Invalids, and Social Affairs

1.1. To take the lead in coordinating with the provincial police department where the Center is located to direct the development of programs and plans to implement work to ensure security and order at the Center.

1.2. To direct, supervise, inspect, and report annually on the implementation of work to ensure security and order, the equipping, management, and use of support tools at the Center according to the guidelines set out in this Circular.

2. Responsibilities of the Provincial Police Department

2.1. To direct and guide the county-level police department where the Center is located and relevant units under the provincial police department to incorporate cooperative work to maintain order and security at the Center into regular tasks of the unit. Link the work to ensure security and order at the Center with the overall maintenance of public security and order in the locality.

2.2. To organize training in protective services and issue certificates; to guide the storage and use of support tools for security forces at the Center.

2.3. To guide the Center in completing the necessary procedures to obtain permits and organize the issuance of Equipment Permits and Usage Permits for support tools to the Center.

2.4. To inspect the management, use, and storage of support tools.

3. Responsibilities of the Center

3.1. Chair and coordinate with the police force stationed at the Center to advise the local Party committee and administration on building plans for mobilizing relevant sectors, social organizations, and individuals to participate in security and public order work at the Center.

3.2. Chair and coordinate with related police agencies to organize and implement security and public order work at the Center; manage and use auxiliary tools in accordance with regulations.

3.3. Advise the Department of Labor, Invalids, and Social Affairs on developing an inter-sectoral plan between the Department of Labor, Invalids, and Social Affairs and the provincial police force where the Center is located regarding the implementation of security and public order work at the Center.

3.4. Compile and report periodically annually and promptly on the situation of security and public order at the Center.

V. EFFECTIVE DATE OF IMPLEMENTATION

This Circular takes effect fifteen days from the date of publication in the Official Gazette and replaces the guidance content in Section III, Part C of the Joint Circular No. 22/2004/TTLT-BLDTBXH-BCA dated December 31, 2004, issued by the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Public Security on guiding the implementation of certain provisions of Decree No. 135/2004/NĐ-CP.

In the course of implementation, if there are any difficulties, units and localities should report to the Ministry of Labor, Invalids, and Social Affairs (through the Anti-Social Evils Prevention Bureau) and the Ministry of Public Security (through the National Police Agency) for timely guidance.