Law Amending and Supplementing Certain Articles of the People's Police Law No. 21/2023/QH15

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE LAW ON THE PEOPLE'S POLICE

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates this Law on amendments and supplements to certain articles of the Law on the People's Police No. 37/2018/QH14.

Article 1. Amendments and supplements to certain articles of the Law on the People's Police

1. Amend and supplement Clause 4 of Article 22 as follows:

“4. An officer must have at least three years of service remaining to be considered for promotion from Colonel to Major General; in cases where there are less than three years remaining, the President shall decide.”

2. Add Clause 4 after Clause 3 of Article 23 as follows:

“4. The Government shall specify the criteria and standards set forth in Clause 1 of this Article for early promotion to general rank. The Minister of Public Security shall specify the criteria and standards set forth in Clauses 1 and 2 of this Article for early promotion and for skipping ranks when promoting from Colonel downwards.”

3. Amend and supplement some Points and Clauses of Article 25 as follows:

a) Amending and supplementing Point b Clause 1 as follows:

“b) Senior Lieutenant Generals, not exceeding seven, including:

Deputy Ministers of Public Security. Not exceeding six;

Officers of the People's Police assigned to hold the position of Chairman of the National Defense and Security Committee of the National Assembly, elected;”

b) Amend and supplement Point d of Clause 1 as follows:

“d) Lieutenant Generals, not exceeding 162, including:

Directors of units under the Ministry of Public Security and equivalent positions, except as provided in Point c Clause 1 of this Article;

Directors of Provincial Police Departments in provinces classified as Class I administrative units and as key areas with complex security and public order issues, large area and population. Not exceeding eleven;

Deputy Chairmen of the Central Party Inspection Committee of the Public Security Ministry. Not exceeding three;

Deputy Directors of units under the Ministry of Public Security specified in Point c Clause 1 of this Article. Seventeen units each not exceeding four, other units not exceeding three;

Deputy Directors of units under the Ministry of Public Security specified in this point. Two units each one;

Deputy Directors of the Hanoi Police Department, Deputy Directors of the Ho Chi Minh City Police Department. Each unit not exceeding three;

Officers of the People's Police assigned to hold the position of Standing Member of the National Defense and Security Committee of the National Assembly or appointed to the position of Director-General or equivalent;”

c) Amend and supplement Point e Clause 1 as follows:

“e) Senior Colonels: Heads of Departments and equivalent positions; Chiefs of County, District, City, and Town Police Departments under provinces and centrally governed cities; Battalion Commanders, except as provided in Clause 4 of this Article;”

d) Amend and supplement Clause 2 as follows:

“2. The Standing Committee of the National Assembly shall specify in detail the positions with the highest rank being Lieutenant General and Major General that are not specifically defined in this Law; define the general rank for positions and titles of officers in newly established units but not exceeding the maximum number of general positions as decided by the competent authority.”

đ) Amend and supplement Clause 4 as follows:

“4. Heads of Departments and equivalent positions in units under the Ministry of Public Security with direct combat, advisory, research, and professional guidance functions for the entire force; Battalion Commanders in units under the Ministry of Public Security, Hanoi Police Department, and Ho Chi Minh City Police Department; Heads of Planning, Operations, Organization, Cadre Work, Party Work, and Political Work Departments, and Chiefs of District Police Departments under Hanoi and Ho Chi Minh City Police Departments shall have a higher rank than that specified in Point e Clause 1 of this Article.”

4. Amend and supplement Clause 2 of Article 29 as follows:

“2. Officers of the People's Police assigned to work outside the police force shall enjoy the same benefits and policies as those working within the police force. The conferring, promotion, demotion, and revocation of ranks for assigned officers shall be carried out according to the regulations for officers working within the police force, except for officers assigned as specified in Points b, c, and d Clause 1, Clause 3 of Article 25, and Clause 1 of Article 27 of this Law.”

When People's Police officers complete their secondment assignments, they shall be considered for equivalent positions; they shall retain the benefits of their secondment positions."

5. Amend and supplement some Clauses of Article 30 as follows:

a) Amend and supplement Clause 1 and add Clause 1a after Clause 1 as follows:

“1. The maximum age for service of non-commissioned officers and officers of the People's Police is as follows:

a) Non-commissioned officers: 47;

b) Commissioned officers: 55;

c) Lieutenants and Majors: male 57, female 55;

d) Senior Lieutenants: male 60, female 58;

đ) Colonels: male 62, female 60;

e) Generals: male 62, female 60.

1a. The maximum age for service of male officers specified in Points đ and e, and female officers specified in Points d and đ Clause 1 of this Article shall be implemented according to the retirement age schedule for workers as stipulated in the Labor Code.

The Government shall provide detailed regulations for this clause.”

b) Amend and supplement Clause 3 and Clause 4 as follows:

“3. In cases where police units have a need, officers specified in Points b, c, and d Clause 1 of this Article who have good character, expertise, good health, and voluntarily may be extended their service age according to the regulations of the Minister of Public Security, but not exceeding 62 for males and 60 for females.

In special cases, officers specified in Clause 1 of this Article may be extended their service age beyond 62 for males and 60 for females according to the decision of the competent authority.

4. Officers of the People's Police who are professors, associate professors, doctors, and senior experts may be extended their service age beyond 62 for males and 60 for females according to the regulations of the Government.”

6. Amend and supplement Clause 2 of Article 42 as follows:

“2. The maximum age for service of police workers: male 62, female 60, and shall be implemented according to the retirement age schedule for workers as stipulated in the Labor Code. Police workers shall be subject to the same benefits and policies as defense workers.

The Government shall provide detailed regulations for this clause.”

Article 2. Effective Date

This Law shall take effect from August 15, 2023.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 15th term, fifth session, on June 22, 2023.