Circular No. 21/2007/TT-BCA guides the implementation of certain Articles of Decree No. 12/2007/NĐ-CP dated January 17, 2007 on citizens serving for a limited term in the People's Public Security Forces.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 12/2007/NĐ-CP dated January 17, 2007 on Citizens Serving with Fixed Terms in the People's Public Security Force

On January 17, 2007, the Government issued Decree No. 12/2007/NĐ-CP on citizens serving with fixed terms in the People's Public Security Force (PASF). To ensure uniform implementation, the Ministry of Public Security provides detailed guidance on Clause 1, Clause 2 Article 4; Clause 3 Article 5; Clause 2 Article 6; Point a Clause 1, Clause 2, Clause 3, Clause 4 Article 8; and Article 10 of Decree No. 12/2007/NĐ-CP, as follows:

1. Selection Objectives and Duration of Fixed-Term Service in the PASF (Clause 1, Clause 2 Article 4)

1.1. Citizens of the Socialist Republic of Vietnam, aged from 18 to 25 years old, residing within the territory of Vietnam, having registered their military service obligations at the commune, ward, or town where they have permanent residence, and meeting the prescribed criteria.

a. At present, only male citizens are selected, prioritizing those from younger to older age groups.

b. For units such as the Command of Guard Forces and the General Bureau of Protection and Judicial Support: citizens aged from 18 to 22 years old.

1.2. The duration of fixed-term service in the PASF for citizens is three years (36 months), calculated from the date when the citizen arrives at the provincial public security agency to fulfill their fixed-term service obligation (recorded in the decision on selecting citizens for fixed-term service in the PASF) until the date when the competent authority signs the decision on discharge.

2. Educational Qualifications (Clause 3 Article 5)

Graduates of general secondary school or supplementary secondary education. In mountainous, highland, remote, border, and island areas, graduates of junior secondary school may be selected. Local public security agencies need to effectively conduct source development work to meet assigned quotas.

In cases where recruitment sources are difficult and the quota cannot be met, the Director of the Provincial Public Security Agency must report to the Ministry of Public Security 45 days prior (counting from the date of handover and reception of citizens for fixed-term service in the PASF) to allocate additional quotas to other regions for supplementary recruitment.

3. Recruitment Procedures and Formalities (Clause 2 Article 6)

3.1. The provincial public security agency establishes a Selection Council comprising:

- Chairperson: Deputy Director of the Provincial Public Security Agency responsible for force building.

- Vice-Chairperson: Head of the Personnel Department.

- Members include representatives from leadership of district, county, city, and town public security agencies; departments such as the Mobile Police Department, Protection and Judicial Support Department, Fire Prevention and Control Department, Detention Center, Logistics Department, Health Department (if there is a separate Health Department); and representatives from units under the Ministry of Public Security with recruitment quotas in the locality: Investigation Security Service, Protection and Judicial Support General Bureau, Command of Guard Forces, Prison Management General Bureau, educational facilities, and juvenile correctional schools (if applicable).

a. Units under the Ministry of Public Security with recruitment quotas in the locality shall send representatives to participate in the provincial public security agency's selection council to select citizens for their units according to the prescribed quotas and standards.

After receiving new recruits into the unit, within one month (counting from the date of handover and reception of new recruits), if any case is found not meeting the prescribed standards, the head of the unit shall issue a letter to the provincial public security agency and the People's Committee of the commune where the recruit has permanent residence before being selected for fixed-term service in the PASF (the letter clearly states the reasons) and dispatches an officer to return the recruit to the People's Committee of the commune. Simultaneously, the head of the unit shall contact the local public security agency's selection council to select another candidate to ensure the assigned quota is met.

b. The decision on selecting citizens for fixed-term service in the PASF shall be delivered to the successful candidates 15 days prior to the date when the citizens must appear at the provincial public security agency. Successful candidates must appear at the designated time and place as stated in the selection decision; if they are late due to any reason, they must provide a confirmation letter from the People's Committee of the commune.

c. The decision on selecting citizens for fixed-term service in the PASF, following the format prescribed by the Ministry of Public Security, shall be sent to the successful candidates one copy, the People's Committee of the commune where the recruit has permanent residence one copy, kept in the individual file one copy, and each related unit one copy.

3.2. Organizing the Handover Ceremony for New Recruits Serving with Fixed Terms in the PASF:

a. Prior to organizing the handover ceremony for new recruits serving with fixed terms in the PASF, units and localities must provide new recruits with the following uniforms: one set of K28 soldier clothing, one hard hat with Public Security insignia, one pair of canvas shoes, one pair of socks, one towel, one large belt, one small belt, one three-compartment backpack, and one red plain Public Security insignia badge measuring 18 millimeters.

b. The provincial public security agency organizes the handover ceremony for new recruits serving with fixed terms in the PASF according to the guidelines of the Public Security Force Construction General Corps.

3.3. Following the handover ceremony for new recruits serving with fixed terms in the PASF, the local public security agency must organize the opening of the training course for new recruits within three to five days.

4. Authority and Timeframe for Promoting Ranks for Non-Commissioned Officers and Soldiers Serving with Fixed Terms in the PASF (Point a Clause 1 Article 8)

4.1. The Director of the Service, Principal, or equivalent position; the Director of the Provincial Public Security Agency issues a decision to promote the rank of Private Second Class for soldiers serving with fixed terms starting from the opening day of the new recruit training course. New recruits under the Command of Guard Forces and the Investigation Security Service are promoted to the rank of People's Security Officer; new recruits under the Provincial Public Security Agencies and units such as the Protection and Judicial Support General Bureau, Prison Management General Bureau, educational facilities, and juvenile correctional schools are promoted to the rank of Public Security Officer.

When six months have passed since being granted the rank of Private Second Class, they may be considered for promotion to Private First Class; six months have passed since being promoted to Private First Class, they may be considered for promotion to Corporal. The period for considering promotion to the next rank for non-permanent officers and soldiers shall be counted in full years (twelve months).

4.2. The training program for non-permanent officers and soldiers shall be implemented according to the regulations of the Ministry. For the time being, it will still be carried out according to Decision No. 312/2000/QĐ-BCA(X14) dated April 13, 2000, issued by the Minister of Public Security on the issuance of the training program for conscripted police officers. Heads of units: Command of Guard Forces, Police Protection and Judicial Support Bureau, Prison Management Bureau, educational facilities, juvenile correction schools, and Directors of Public Security Departments of provinces and centrally-administered cities shall organize the implementation of the entire new recruit training program at their respective training facilities.

5. Standards and quotas for non-permanent officers and soldiers who are eligible to take part in competitive examinations for admission to Public Security Academies and for transfer to permanent status within the Public Security Force (Clause 2, Article 8)

5.1. Admission standards for Public Security Academies

a. Non-permanent officers and soldiers who have served for at least eighteen months (counting up to the date of examination), have achieved the title of Soldier Fulfilling Duties or higher, have completed secondary school or supplementary secondary education, and have the potential and need for university or college (regular system) education shall be eligible to take part in competitive examinations for admission to Public Security Academies and academies under the Ministry of National Defense according to the plan approved by the Ministry of Public Security.

b. The time that non-permanent officers and soldiers in the Public Security Force spend studying at academies shall be counted towards the period for considering and promoting ranks. During this period, they continue to enjoy rank allowances and other benefits as when serving non-permanently. After graduation, they shall be assigned salaries and promoted in rank according to the regulations of the Ministry of Public Security.

5.2. Standards and ratios for transfer to permanent status within the Public Security Force through competitive examinations

a. Non-permanent officers and soldiers who have served for three years and have achieved the title of Soldier Fulfilling Duties or higher each year during those three years shall be eligible to take part in competitive examinations for transfer to permanent status within the Public Security Force.

b. Based on the requirements of tasks and annual staffing situations, local public security units shall propose, and the Minister of Public Security shall decide the quota for transfer to permanent status; the ratio of transfer to permanent status for each unit and locality shall not exceed fifty percent of the number of non-permanent officers and soldiers who have served for three years.

6. Regulations and policies for non-permanent officers and soldiers during their service period (Clause 3, Article 8)

6.1. Rank Allowance Coefficient

Senior Sergeant: 0.70

Staff Sergeant: 0.60

Corporal: 0.50

Private First Class: 0.45

Private Second Class: 0.40

Non-permanent officers and soldiers from the twenty-fifth month to the thirty-sixth month of service shall receive an additional 200% of the rank allowance they are currently receiving each month.

6.2. Leave Policy

a. Non-permanent officers and soldiers from the second year of service onwards shall be entitled to one leave per year, with a duration of ten days (excluding travel time), and shall be reimbursed for train and bus fares and shall receive travel allowances (work expenses) as stipulated in Circular No. 03/2005/TT-BCA(V22) dated March 18, 2005, issued by the Ministry of Public Security.

In special cases, such as when parents, siblings, or relatives suffer from serious illness or death, or when families are affected by natural disasters, they shall be granted three days off (excluding travel time); if there are outstanding achievements in work or combat, they shall be granted three days off (excluding travel time to visit family) and not more than twice a year.

b. Non-permanent officers and soldiers who complete their service period and are discharged without being arranged leave in that year shall be reimbursed for food expenses (ten days) at the current food allowance rate.

c. Non-permanent officers and soldiers who are students enrolled in the training program of the Ministry of Public Security for one year or more and have summer vacation between two academic years shall have their summer vacation counted as leave.

d. During the period of non-permanent service in the Public Security Force, policies shall not be granted to non-permanent officers and soldiers who wish to register for marriage (if there are special reasons such as parents or grandparents suffering from incurable diseases or due to ethnic minority customs, unable to postpone until after the end of service, then report to the Director of the Bureau or equivalent and the Director of Public Security of provinces and centrally-administered cities for decision). At the same time, they must follow the procedures and verification requirements as for professional officers and soldiers.

7. Discharge regulations and policies; conditions and procedures for early discharge for non-permanent officers and soldiers in the Public Security Force (Clause 4, Article 8)

7.1. Non-permanent officers and soldiers who have completed their service period as prescribed shall be discharged and shall be entitled to the following discharge regulations and policies:

a. Employment assistance allowance: They shall receive six months' salary based on the minimum wage applicable to civil servants, officials, employees, and members of armed forces at the time of discharge.

b. One-time discharge allowance: For every year of service in the Public Security Force, they shall receive an allowance equal to two months' salary based on the minimum wage applicable to civil servants, officials, employees, and members of armed forces at the time of discharge.

c. In the case where non-permanent officers and soldiers had previously worked and contributed to social insurance in state agencies, organizations, or economic entities belonging to various economic sectors before being recruited for non-permanent service in the Public Security Force, they shall be entitled to the following:

When demobilized to return to their place of origin: non-commissioned officers and soldiers who were state officials, civil servants, public employees, or workers under labor contracts before being selected for service with a fixed term in the People's Internal Affairs Force and had participated in social insurance contributions shall be entitled to severance pay as state officials, civil servants, public employees, and contractual workers when terminating their employment. The payment of severance pay for non-commissioned officers and soldiers demobilized to return to their place of origin shall be settled by state agencies, organizations, and economic entities belonging to various economic sectors where such non-commissioned officers and soldiers worked prior to their selection for service with a fixed term in the People's Internal Affairs Force, in accordance with current regulations.

In cases where the organizations or economic entities have been dissolved, the local Social Insurance Authority where such organizations or economic entities made social insurance contributions shall be responsible for settling the payments.

When demobilized to work at state agencies, organizations, or economic entities belonging to various economic sectors, the time served shall be counted towards social insurance benefits according to the provisions of the Social Insurance Law.

d. Non-commissioned officers and soldiers serving with a fixed term from 24 months up to 36 months, upon demobilization, shall be entitled to additional two months of rank allowance.

đ. They shall be organized by the unit directly managing the demobilized non-commissioned officers and soldiers to return to their place of residence by train or car, or the transportation costs and travel allowances shall be reimbursed according to the current regulations.

e. The unit managing the non-commissioned officers and soldiers shall organize a farewell meeting before their demobilization, which shall be funded according to the current regulations of the Ministry of Public Security.

7.2. Non-commissioned officers and soldiers demobilized before the scheduled time shall be entitled to apply the benefits and policies as those for non-commissioned officers and soldiers completing their service period, as stipulated in Section 7.1 above. Specifically, regarding one-time demobilization allowance, if there are less than six months:

- Less than one month shall not be entitled to demobilization allowance.

- From one month to less than six months shall be entitled to a demobilization allowance equivalent to one month's salary based on the general minimum wage applicable to state officials, civil servants, public employees, and military personnel at the time of demobilization.

- From six months to less than twelve months shall be entitled to a demobilization allowance equivalent to two months' salary based on the general minimum wage applicable to state officials, civil servants, public employees, and military personnel at the time of demobilization.

7.3. Training, vocational education, and job placement upon demobilization

a. Non-commissioned officers and soldiers who worked at state agencies, organizations, or economic entities belonging to various economic sectors before being selected for service with a fixed term in the People's Internal Affairs Force shall be re-employed by such agencies, organizations, or economic entities after demobilization. If such agencies, organizations, or economic entities have been dissolved or declared bankrupt, the immediate superior agency managing them shall be responsible for job placement.

In cases where the immediate superior agency managing such agencies, organizations, or economic entities has been dissolved or does not exist, the Department of Labor, Invalids, and Social Affairs shall be responsible for organizing and coordinating with relevant state agencies, economic organizations, and social organizations at the same level to provide job placement.

b. Non-commissioned officers and soldiers accepted for employment at state agencies, organizations, or economic entities belonging to various economic sectors shall be classified according to the job they undertake, and the time served shall be counted towards their working period and they shall be entitled to benefits and policies according to current regulations for state officials, civil servants, public employees, and workers at such economic entities.

c. Non-commissioned officers and soldiers who were called to study at vocational schools, specialized secondary schools, colleges, and universities before being selected for service with a fixed term in the People's Internal Affairs Force shall be accepted back to continue their studies at these institutions upon demobilization.

In cases where non-commissioned officers and soldiers are demobilized after completing their service period and are in good health, with a desire to learn a trade and seek employment, they shall be entitled to policies according to current regulations.

7.4. Demobilization before the scheduled time

a. Non-commissioned officers and soldiers serving with a fixed term may be demobilized before the scheduled time in the following cases:

- Being concluded by the Medical Examination Board of the provincial or centrally-administered city as not having sufficient health to continue serving in the People's Internal Affairs Force.

- Having difficult family circumstances that require specific consideration and resolution, including:

+ Children of martyrs, children of first-class wounded veterans, children of first-class disabled veterans.

+ The only surviving brother or sister of a martyr.

+ Being the sole worker in the family who must directly care for and support another person who is unable to work or has not reached the working age.

+ Being the sole worker in the family that has suffered severe losses in both human lives and property due to accidents, natural disasters, or dangerous epidemics.

b. Procedures for demobilization before the scheduled time

- For cases where there is insufficient health to continue serving:

+ Non-commissioned officers and soldiers submit a request.

+ The Director of the Provincial or Centrally-Administered City Public Security Department issues a letter requesting the Medical Examination Board of the provincial or centrally-administered city to examine and conclude (For units: Investigation Security Bureau, Security and Judicial Support Police Bureau, Presidential Guard Command, Prison Management Bureau, Educational Facility Management Bureau, and Rehabilitation School: Bureau Chief, Commander issue a letter requesting the Medical Examination Board of the Ministry of Public Security to examine and conclude).

+ The conclusion of insufficient health to continue serving in the People's Internal Affairs Force by the Medical Examination Board of the provincial or centrally-administered city or the Medical Examination Board of the Ministry of Public Security.

Based on the conclusion of insufficient health to continue serving in the People's Internal Affairs Force by the Medical Examination Board, the Bureau Chief, Commander, and Director of the Provincial or Centrally-Administered City Public Security Department shall decide on early demobilization for non-commissioned officers and soldiers.

- For cases with difficult family circumstances requiring early demobilization:

+ Non-commissioned officers and soldiers submit a request.

+ The People's Committee of the commune and the Head of the County Public Security Office where the non-commissioned officer or soldier resides shall confirm and propose.

BASED ON THE PROVISIONS OF THE MINISTRY AND THE ACTUAL SITUATION OF NON-COMMISSIONED OFFICERS AND SOLDIERS CONFIRMED BY THE PEOPLE'S COMMITTEE OF THE LOCAL COMMUNE AND THE HEAD OF THE LOCAL POLICE STATION WHERE THE NON-COMMISSIONED OFFICER OR SOLDIER RESIDES, AND UPON THEIR REQUEST, THE DIRECTOR OF THE POLICE BRIGADE, COMMANDANT, AND DIRECTOR OF THE PROVINCE POLICE DEPARTMENT SHALL DECIDE TO RELEASE NON-COMMISSIONED OFFICERS AND SOLDIERS FROM DUTY PRIOR TO THE SCHEDULED DATE.

8. RESPONSIBILITY OF THE HEAD OF THE POLICE UNIT AND LOCALITY USING NON-COMMISSIONED OFFICERS AND SOLDIERS FOR TEMPORARY SERVICE IN THE NATIONAL POLICE FORCE (ARTICLE 10)

8.1. EACH YEAR IN OCTOBER, THE HEADS OF UNITS UNDER THE MINISTRY OF PUBLIC SECURITY AND THE DIRECTORS OF LOCAL POLICE DEPARTMENTS SHALL, BASED ON THE PROVISIONS AND NEEDS FOR TEMPORARY SERVICE OF NON-COMMISSIONED OFFICERS AND SOLDIERS, SUBMIT TO THE MINISTRY (THROUGH THE GENERAL DEPARTMENT FOR POLICE FORCE CONSTRUCTION) THE NUMBER OF CITIZENS TO BE RECRUITED FOR TEMPORARY SERVICE IN THE NEXT YEAR FOR THEIR UNITS AND LOCALITIES (WAVE 1, WAVE 2). FOR UNITS UNDER THE MINISTRY OF PUBLIC SECURITY, THEY MUST INCLUDE SPECIFIC NUMBERS OF RECRUITS FOR EACH AREA (PROVINCIAL POLICE DEPARTMENT, DIRECTLY-GOVERNED CITY POLICE DEPARTMENT).

BASED ON THE PROPOSALS OF THE POLICE UNITS AND LOCALITIES, THE GENERAL DEPARTMENT FOR POLICE FORCE CONSTRUCTION WILL COMPILE, REVIEW, REPORT TO THE LEADERSHIP OF THE MINISTRY OF PUBLIC SECURITY FOR APPROVAL, SUBMIT TO THE PRIME MINISTER FOR CONSIDERATION AND DECISION, AND GUIDE THE POLICE UNITS AND LOCALITIES TO IMPLEMENT.

8.2. BASED ON THE QUOTA DECIDED BY THE PRIME MINISTER AND ANNOUNCED, AS WELL AS THE GUIDANCE OF THE GENERAL DEPARTMENT FOR POLICE FORCE CONSTRUCTION, THE DIRECTORS OF PROVINCIAL AND DIRECTLY-GOVERNED CITY POLICE DEPARTMENTS SHALL BE RESPONSIBLE FOR:

a. DECIDING THE ALLOCATION OF THE QUOTA FOR RECRUITING CITIZENS FOR TEMPORARY SERVICE IN THE NATIONAL POLICE FORCE TO DISTRICTS, COUNTIES, TOWNS, AND CITIES WITHIN PROVINCES.

b. ADVISING THE CHAIRMAN OF THE PROVINCIAL AND DIRECTLY-GOVERNED CITY PEOPLE'S COMMITTEES TO DIRECT THE PEOPLE'S COMMITTEES AT ALL LEVELS AND RELATED BUREAUS AND SECTIONS TO CREATE EVERY POSSIBLE FACILITATING CONDITION AND PRIORITY FOR THE NATIONAL POLICE FORCE TO RECRUIT CITIZENS MEETING THE STANDARDS FOR MILITARY SERVICE REGISTRATION IN THE LOCALITY INTO TEMPORARY SERVICE IN THE NATIONAL POLICE FORCE.

c. ESTABLISHING A BOARD TO REVIEW AND SELECT CITIZENS FOR TEMPORARY SERVICE IN THE NATIONAL POLICE FORCE.

d. ESTABLISHING A HEALTH EXAMINATION BOARD (THE COMPOSITION, TASKS OF THE HEALTH EXAMINATION BOARD; THE ORGANIZATION OF HEALTH EXAMINATIONS AND FUNDS FOR HEALTH EXAMINATIONS ARE IMPLEMENTED ACCORDING TO THE JOINT CIRCULAR OF THE MINISTRIES OF HEALTH AND PUBLIC SECURITY).

e. DIRECTING THE POLICE STATIONS AT THE COUNTY LEVEL TO COOPERATE EFFECTIVELY WITH THE PEOPLE'S COMMITTEES OF VILLAGES, WARD, TOWNSHIPS, STATE AGENCIES, ECONOMIC ORGANIZATIONS, SOCIAL ORGANIZATIONS, AND OTHER BASE UNITS (WHERE THE RECRUITS FOR TEMPORARY SERVICE IN THE NATIONAL POLICE FORCE ARE LOCATED) TO ORGANIZE SEND-OFFS AND ENSURE THAT THE RECRUITS FROM THEIR BASE UNITS ARE PRESENT AT THE DESIGNATED TIME AND PLACE.

9. IMPLEMENTATION PROVISIONS

9.1. THIS CIRCULAR SHALL TAKE EFFECT 15 DAYS AFTER THE DATE OF SIGNATURE, AND ANY PRIOR PROVISIONS CONTRARY TO THIS CIRCULAR SHALL BE ABROGATED.

9.2. TEMPORARY SERVICE IN THE NATIONAL POLICE FORCE IS A NEW PROVISION, THOUGH IT INHERITS THE PROVISIONS ON SERVICE IN THE NATIONAL POLICE FORCE, IT HAS MANY DIFFERENCES AND NEW POINTS COMPARED TO THE PAST. THEREFORE, POLICE UNITS AND LOCALITIES MUST INTENSIFY PUBLICITY WORK BOTH INSIDE AND OUTSIDE THE POLICE FORCE TO RAISE AWARENESS AMONG CITIZENS AND POLICE OFFICERS AND SOLDIERS, AND TO CREATE CONDITIONS FOR THE IMPLEMENTATION OF THE PROVISIONS ON CITIZEN TEMPORARY SERVICE IN THE NATIONAL POLICE FORCE TO BECOME MORE EFFECTIVE.

9.4. THE UNITS: THE MINISTRY OF PUBLIC SECURITY AUDITOR, THE GENERAL DEPARTMENT FOR POLICE FORCE CONSTRUCTION, THE GENERAL DEPARTMENT FOR LOGISTICS ... SHALL, IN ACCORDANCE WITH THEIR FUNCTIONS, ENFORCE AUDITS AND INSPECTIONS TO TIMELY DETECT AND HANDLE VIOLATIONS, TO CORRECT AND IMPROVE THE EFFECTIVENESS OF THE IMPLEMENTATION OF THE PROVISIONS ON CITIZEN TEMPORARY SERVICE IN THE NATIONAL POLICE FORCE.

IF THERE ARE ANY ISSUES ARISING DURING THE IMPLEMENTATION, THE POLICE UNITS AND LOCALITIES SHALL REPORT TO THE MINISTRY OF PUBLIC SECURITY (GENERAL DEPARTMENT FOR POLICE FORCE CONSTRUCTION) FOR PROMPT GUIDANCE.