Circular No. 23/2012/TT-BCA on residential areas, communes, wards, towns, agencies, enterprises, and schools meeting the standard of "security and public order safety".

CIRCULAR

Provisions on residential areas, communes, wards, towns, agencies, enterprises,

schools meeting the standard "safe in security and public order"

________________________

Pursuant to Article 2, Article 92, Article 94, Article 104, Article 115 of the Law on Organization of People's Councils and People's Committees dated November 26, 2003;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 stipulating the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Public Security;

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012 stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Considering the proposal of the Director of the Department for Mobilizing the Whole People to Protect National Security under the Ministry of Public Security;

The Minister of Public Security issues this Circular providing for residential areas, communes, wards, towns, agencies, enterprises, and schools meeting the standard "Safe in Security and Public Order" (hereinafter referred to as "Safe in ANTT").

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides for the principles, criteria, classification, procedures, formalities, authority to examine and recognize residential areas, communes, wards, towns, agencies, enterprises, and schools meeting the standard "Safe in Security and Public Order" (hereinafter referred to as "Safe in ANTT").

Article 2. Applicability

This Circular applies to:

1. Residential areas, communes, wards, towns;

2. Agencies, enterprises, schools;

3. Agencies, organizations, individuals related to the examination and recognition of residential areas, communes, wards, towns, agencies, enterprises, and schools meeting the standard "Safe in ANTT".

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. The examination and recognition of residential areas, communes, wards, towns, agencies, enterprises, and schools meeting the standard "Safe in ANTT" shall be conducted once a year and only apply to cases that have registered to strive for the standard;

2. The examination and recognition of meeting the standard "Safe in ANTT" must ensure accuracy, transparency, democracy, and compliance with regulations.

Article 4. General Principles

Article 5. Criteria for recognizing residential areas meeting the standard "Safe in ANTT"

Criteria for recognizing residential areas meeting the standard "Safe in ANTT" include:

Chapter II

SPECIFIC PROVISIONS

1. Each year, the Party Committee has a Resolution, the residential area has a registration striving to meet the standard "Safe in ANTT", and 100% of households in the area sign a pledge agreement to build a "Safe in ANTT" residential area.

2. Effectively implementing the policies, guidelines, and laws of the Party and the State, having self-management models regarding security and public order in the residential area.

3. Not allowing the following activities to occur:

a) Anti-Party, anti-government, sabotage of national solidarity;

b) Sabotage of economic, cultural, social, security, and defense targets;

c) Propaganda and development of illegal religions; secessionist activities, demands for autonomy, causing public disturbances;

d) Complex internal conflicts and disputes among the people; mass complaints and appeals beyond jurisdiction contrary to the law.

4. Implementing preventive activities against various types of crimes, accidents, social evils, and other violations of the law, including:

a) Controlling and reducing various types of crimes, accidents, social evils, and other violations of the law compared to the previous year;

b) Not allowing serious crimes to occur and not having residents of the residential area commit serious crimes; if such crimes occur, they must be reported immediately to the competent authority for prompt handling;

c) Not having complex social disorder hotspots; not generating new members of the community suffering from social evils;

d) Not allowing fires, explosions, serious traffic accidents, and serious work-related accidents caused by residents of the residential area in the community;

5. Community police officers and neighborhood watch guards complete their tasks well; there are no community police officers or neighborhood watch guards disciplined with warnings or higher penalties.

d) Preventing fires, explosions, serious traffic accidents, and severe workplace accidents caused by residents of the community;

5. The security guards and neighborhood watch members fulfill their duties effectively; there are no security guards or neighborhood watch members disciplined with warnings or higher penalties.

Article 6. Criteria for recognizing communes, wards, and towns meeting the "Safe Public Security" standard

The criteria for recognizing communes, wards, and towns meeting the "Safe Public Security" standard include:

1. Each year, the Party Committee issues a Resolution, and the People's Committee of the commune, ward, or town develops a plan on public security work; they must have a registration to strive for achieving the "Safe Public Security" standard.

2. Meeting the indicators prescribed in Clause 2, Clause 3, and Clause 4 of Article 5 of this Circular.

3. Each year, the Police Station of the commune, ward, or town, and the Neighborhood Watch must achieve the title of "Advanced Unit" or higher; there should be no individual disciplined with a warning or higher.

4. At least 70% of residential areas must be recognized as meeting the "Safe Public Security" standard.

Article 7. Criteria for recognizing agencies and enterprises meeting the "Safe Public Security" standard

The criteria for recognizing agencies and enterprises meeting the "Safe Public Security" standard include:

1. Each year, the Party Committee issues a Resolution (for places where a Party organization exists), and the head of the agency or enterprise develops a plan on public security work; they must have a registration to strive for achieving the "Safe Public Security" standard; they must have internal regulations and rules for protecting the agency or enterprise, safeguarding state secrets, internal political security, preventing fires and explosions, and 100% of staff must sign agreements committing to follow these regulations and rules and build the agency or enterprise to meet the "Safe Public Security" standard.

2. Effectively implementing the policies and laws of the Party and State; developing plans to coordinate with local authorities and police agencies in public security work; preventing crime and social evils in the area; establishing self-defense and self-management models for public security.

3. No mass protests, illegal strikes, major thefts, leaks of technology or state secrets, serious fires, explosions, or workplace accidents. No staff members should commit crimes or engage in social vices.

4. Building a clean and strong specialized and semi-specialized security force that achieves the title of "Advanced Labor Collective" or higher each year; there should be no individual disciplined with a warning or higher.

5. At least 70% of subordinate units (departments, offices, teams...) must achieve the title of "Advanced Labor Collective".

Article 8. Criteria for recognizing schools meeting the "Safe Public Security" standard

The criteria for recognizing schools meeting the "Safe Public Security" standard include:

1. Each year, the Party Committee issues a Resolution (for places where a Party organization exists), and the School Management Board (School Director) develops a plan on public security work; they must have a registration to strive for achieving the "Safe Public Security" standard; they must have internal regulations and rules for protecting the school, safeguarding internal political security, managing student education, preventing fires and explosions, and 100% of staff, teachers, workers, and students from secondary level onwards must sign agreements to follow these regulations and rules and build the school to meet the "Safe Public Security" standard linked to educational campaigns within the national education system.

2. Effectively implementing the policies and laws of the Party and State; developing plans for coordination between the school, local authorities, and families of students (if the students are high school students) in school public security work and student management and education. Establishing self-defense and self-management models for public security in the school, dormitories, and hostels.

3. No disorderly activities, demonstrations, establishment of associations, proselytizing religions, illegal protests, or gatherings; no school violence or criminal activities; no staff, teachers, workers, or students should commit crimes or engage in social vices; no serious fires, explosions, or workplace accidents.

4. Building a clean and strong specialized and semi-specialized security force (if applicable). Classifying and rewarding annually to achieve the title of "Advanced Labor Collective" or higher; there should be no individual disciplined with a warning or higher.

5. At least 70% of subordinate units (faculties, departments, teams, subjects...) must achieve the title of "Advanced Labor Collective".

Article 9. Classification, Time Mark for Evaluating the Level of Meeting the "Public Security Safety" Standard

1. Based on the level of meeting the "Public Security Safety" criteria of subjects specified in Articles 5, 6, 7, and 8 of this Circular to divide into two types: Meeting and Not Meeting the "Public Security Safety" standard, specifically as follows:

a) Residential areas, communes, wards, towns, agencies, enterprises, and schools that meet the criteria set forth in Articles 5, 6, 7, and 8 of this Circular and the documents stipulating the "Public Security Safety" criteria issued by the People's Committee at the provincial level (if any) shall be recognized as meeting the "Public Security Safety" standard.

b) Residential areas, communes, wards, towns, agencies, enterprises, and schools that fail to meet the criteria set forth in Articles 5, 6, 7, and 8 of this Circular and the documents stipulating the "Public Security Safety" criteria issued by the People's Committee at the provincial level (if any) shall not meet the "Public Security Safety" standard.

2. The time mark for evaluating classification shall be implemented according to the following provisions:

a) For residential areas: The time period is from October 31 of the previous year to October 31 of the following year;

b) For communes, wards, towns, agencies, and enterprises: The time period is from November 30 of the previous year to November 30 of the following year;

c) For schools: The time period is from the conclusion of the previous academic year to the conclusion of the subsequent academic year.

Article 10. Procedures, Formalities, and Documentation for Proposing Recognition of Meeting the "Public Security Safety" Standard

1. Procedures and Formalities for Proposing Recognition of Meeting the "Public Security Safety" Standard

a) Annually, the Head of residential areas shall chair meetings with the Secretary of the Party Branch, the Head of the Mass Organization Work Board, representatives of mass organizations, and Public Security officers (in areas without regular Public Security units), Police Officers, and Neighborhood Watch members (in urban areas) to review and assess the situation and results of building residential areas to meet the "Public Security Safety" standard and complete the necessary documentation to submit to the Standing Committee of the Steering Committee for the All-People Public Security Campaign at the commune, ward, town level (hereinafter referred to as the commune level).

b) The Standing Committee of the Steering Committee for the All-People Public Security Campaign at the commune level shall be responsible for examining and verifying the application documents for recognition, reporting and recommending to the Chairman of the People's Committee at the same level for approval and recognition of residential areas meeting the "Public Security Safety" standard; simultaneously reviewing and assessing the situation and results of building communes, wards, towns to meet the "Public Security Safety" standard and completing the necessary documentation to submit to the Standing Committee of the Steering Committee for the All-People Public Security Campaign at the district, city, town level (hereinafter referred to as the district level).

c) The Standing Committee of the Steering Committee for the All-People Public Security Campaign at the district level shall be responsible for examining and verifying the application documents and reporting and recommending to the Chairman of the People's Committee at the same level for approval and recognition of communes, wards, towns meeting the "Public Security Safety" standard.

d) The heads of agencies, enterprises, and schools shall chair meetings with representatives of the Party Committee, mass organizations, and authorized management agencies to review and assess the situation and results of building agencies, enterprises, and schools to meet the "Public Security Safety" standard and complete the necessary documentation to report to the competent authority (through the Standing Committee of the Steering Committee for the All-People Public Security Campaign at the same level) for approval and recognition.

2. The application documents for approval and recognition of meeting the "Public Security Safety" standard include:

a) A proposal letter from residential areas, communes, wards, towns, agencies, enterprises, and schools;

b) A report on the results of construction signed by the Head of the residential area; a report on the results of construction signed and stamped by the head of the agency or unit applying for recognition;

c) A registration form for striving to meet the "Public Security Safety" standard;

d) Minutes of the meeting of the agency or unit proposing recognition and other related documents (if any).

3. The result of recognizing residential areas, communes, wards, towns, agencies, enterprises, and schools as meeting the "Public Security Safety" standard is the classification result and annual commendation for the All-People Public Security Campaign; it also serves as the basis for recognizing other relevant titles related to public security and order standards.

Article 11. Competence to Review and Recognize Achievement of "Public Security Safety" Standards

Clause 1. The People's Committee at the commune level shall review and recognize achievement of the "Public Security Safety" standards for residential areas and schools under its management.

Clause 2. The People's Committee at the district level shall review and recognize achievement of the "Public Security Safety" standards for communes, wards, towns; agencies, enterprises, and schools under its management, and agencies, enterprises, and schools under the management of provincial-level agencies located within the district, according to the division of responsibilities and authority.

Clause 3. The People's Committee at the provincial level shall review and recognize achievement of the "Public Security Safety" standards for agencies, enterprises, and schools under its management, and agencies, enterprises, and schools under the management of central-level agencies located within the province, according to the division of responsibilities and authority.

Clause 4. The Ministry of Public Security shall review and recognize achievement of the "Public Security Safety" standards for central-level agencies and enterprises under the management of units subordinate to the Ministry, according to the division of responsibilities and authority.

Chapter III

IMPLEMENTATION

Article 12. Effective Date

This Circular takes effect from June 18, 2012, and replaces Decision No. 354/BNV (C13) dated September 23, 1985, of the Ministry of Home Affairs (now the Ministry of Public Security), regarding the issuance of standards for wards, communes, towns, agencies, and enterprises on public security and order safety, and comprehensive safety standards for wards, communes, towns, agencies, and enterprises.

Article 13. Responsibility for Implementation

Clause 1. Based on this Circular, the People's Committees of provinces and centrally-administered cities may adjust and supplement criteria or set levels of achievement for the criteria to be consistent with specific conditions of each locality but must not be lower than the levels prescribed in this Circular.

Clause 2. The Steering Committee for the All-People Public Security Campaign at all levels shall be responsible for advising the Party committees and governments at the same level on directing the review and recognition of achievement of the "Public Security Safety" standards and organizing the implementation of this Circular.

Clause 3. The Department of Mass Mobilization for Public Security of the Ministry of Public Security, as the permanent body of the Central Steering Committee for the All-People Public Security Campaign, shall be responsible for leading and coordinating with relevant units to direct, guide, inspect, and urge the implementation of this Circular.

Clause 4. The General Directorates of State Security I and II of the Ministry of Public Security shall be responsible for leading and coordinating with relevant units to direct, guide, inspect, and urge the implementation of this Circular for central-level agencies and enterprises under their management.

Clause 5. Comrades General Directors, Heads of units directly subordinate to the Ministry, Provincial Police Chiefs, Chiefs of Fire Prevention and Fighting Departments within their functions, duties, and authorities shall be responsible for organizing the implementation of this Circular.

During the implementation of this Circular, if difficulties or obstacles arise, local police units and related agencies, organizations, and individuals shall report to the Ministry of Public Security (through the Department of Mass Mobilization for Public Security) for timely guidance./.