The Law on People's Police is enacted to regulate the organization and activities of the People's Police force in protecting national security and maintaining public order and social safety. This Law shall take effect from July 1, 2019 (except for certain provisions which shall take effect from January 11, 2019).
Đối tượng áp dụng
This Law applies to officers, non-commissioned officers, soldiers, and civilian workers of the People's Police.
Các điểm cốt lõi
- Organization of the People's Police
- Activities of the People's Police
- Powers and Duties of the People's Police
- System and Policies for the People's Police
- Awards and Handling of Violations
🌐 Tác động xã hội từ văn bản này
- Improving the Effectiveness of National Security Protection and Public Order Maintenance
- Building a Clean, Strong People's Police Force Politically, Ideologically, Morally, and Organizationally
- Promoting the Role of Citizens in Participating in National Security and Public Order Protection
❓ Câu hỏi thường gặp
When does this Law come into effect?
The Law on People's Police shall take effect from July 1, 2019.
Who are the subjects to whom this Law applies?
This Law applies to officers, non-commissioned officers, soldiers, and civilian workers of the People's Police.
Toàn văn
LAW
PEOPLE'S POLICE
On the basis of the Constitution of the Socialist Republic of Vietnam;
The National Assembly enacts the Law on People's Police.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Law stipulates principles of organization and operation; position, functions, tasks, powers; conditions for ensuring activities, systems, policies for the People's Police; responsibilities of agencies, organizations, and individuals related to this matter.
Article 2. Interpretation of Terms
In this Law, the following terms shall be understood as follows:
1. National security protection is preventing, detecting, stopping, and struggling to defeat activities that infringe upon national security and eliminate threats to national security.
2. Ensuring social order and safety is preventing, detecting, stopping, and struggling against criminal acts and violations of laws concerning social order and safety.
3. Officers and non-commissioned officers in specialized fields is a Vietnamese citizen selected, trained, and instructed to work in the field of police operations of the People's Police, conferred and promoted to ranks of general, senior colonel, captain, non-commissioned officer.
4. Officers and non-commissioned officers in technical fields is a Vietnamese citizen selected to work in the technical field of the People's Police, conferred and promoted to ranks of senior colonel, captain, non-commissioned officer.
5. Non-commissioned officers, conscript soldiers are Vietnamese citizens performing their duty to join the People's Police, conferred and promoted to ranks of Senior Sergeant, Corporal, Private First Class, Private Second Class.
6. Police workers are Vietnamese citizens with technical qualifications hired to work in the People's Police but not eligible for promotion to officer, non-commissioned officer, or conscript soldier ranks.
Article 3. Position of the People's Police
The People's Police is a people's armed force serving as the core in carrying out tasks to protect national security, ensure social order and safety, and combat crime and violations of laws concerning national security and social order and safety.
Article 4. Principles of Organization and Operation of the People's Police
1. Placed under absolute and direct leadership in all aspects by the Communist Party of Vietnam, and under the command of
2. Organized centrally, uniformly, specialized, streamlined, and according to administrative levels from central to local.
3. Adhering to the Constitution and laws; subordinates obey superiors; relying on the people and subject to people's supervision; protecting the interests of the State, rights and legitimate interests of organizations and individuals.
Article 5. Building the People's Police
1. The State builds the People's Police as revolutionary, regular, efficient, and gradually modern; prioritizing modernization of certain forces.
2. Agencies, organizations, and citizens have the responsibility to participate in building the People's Police clean, strong, and solid.
Article 6. Traditional Day of the People's Police
August 19th each year is the traditional day of the People's Police and the day of the "All-People Movement to Protect National Security".
Article 7. Selection of Citizens into the People's Police
1. Citizens meeting political standards, moral qualities, qualifications, health, age, and skills suitable for police work, having willingness, and the People's Police having needs may be selected into the People's Police.
2. The People's Police prioritize selecting outstanding graduates from higher education institutions and vocational training centers who meet the criteria for training and supplementing the People's Police.
3. The Minister of Public Security shall provide detailed regulations on this matter.
Article 8. Duty to Participate in the People's Police
1. Citizens performing the duty to participate in the People's Police is fulfilling the duty to defend the country within the people's armed forces. Annually, the People's Police selects citizens of conscription age to serve in the People's Police for a period of 24 months. The Minister of Public Security decides to extend the service period of non-commissioned officers and conscript soldiers but not exceeding six months in the following cases:
a) To ensure combat readiness;
b) Engaging in disaster prevention, disease control, rescue, and relief operations.
2. Procedures for selecting citizens to perform the duty to participate in the People's Police are applied similarly to those for selecting citizens to perform military service.
3. The Government shall provide detailed regulations on clause 2 of this Article.
Article 9. Service System for Officers, Non-commissioned Officers, Soldiers of the People's Public Security and Public Security Workers
1. Officers of the People's Public Security serve under a professional system; non-commissioned officers and soldiers of the People's Public Security serve under a professional system or a conscription system; public security workers serve under a recruitment system.
2. Citizens who cease serving in the People's Public Security must fulfill their military reserve duties as prescribed by law.
Article 10. Supervision of the Activities of the People's Public Security
1. The National Assembly, the Standing Committee of the National Assembly, the Ethnic Council, Committees of the National Assembly, Delegations of the National Assembly, National Assembly deputies, People's Councils, Standing Bodies of People's Councils, Committees of People's Councils, Delegation Groups of People's Councils, and People's Council deputies, within the scope of their tasks and powers, shall supervise the activities of the People's Public Security.
2. The Vietnam Fatherland Front and its member organizations, within the scope of their tasks and powers, shall be responsible for propagandizing and mobilizing all strata of the people to participate in the nationwide movement for national security protection, coordinating, cooperating, and supporting the People's Public Security in performing their tasks and building the People's Public Security, and supervising the implementation of laws on the People's Public Security.
Article 11. Coordination Relations between the People's Army, Self-Defense Forces, and the People's Public Security
The People's Army and Self-Defense Forces shall have the responsibility to closely coordinate with the People's Public Security to protect national security, ensure social order and safety, combat crime, violations of laws on national security, social order and safety, and build the People's Public Security. The Government shall provide detailed regulations on this matter.
Article 12. Responsibilities of the Government and Central Ministries and Agencies for National Security Protection, Ensuring Social Order and Safety, Combating Crime, Violations of Laws, and Building the People's Public Security
1. The Government shall uniformly manage state affairs concerning national security protection, ensuring social order and safety, combating crime, violations of laws, and building the People's Public Security; perform tasks and exercise powers as prescribed by the Constitution and relevant laws.
2. The Ministry of Public Security shall be responsible before the Government for managing state affairs concerning national security protection, ensuring social order and safety, combating crime, violations of laws on national security, social order and safety, and building the People's Public Security.
3. Central ministries and agencies, within the scope of their tasks and powers, shall have the responsibility to coordinate with the Ministry of Public Security in managing state affairs concerning national security protection, ensuring social order and safety, combating crime, violations of laws on national security, social order and safety, building the People's Public Security, and shall have the following tasks and powers:
a) Issuing or submitting to competent authorities for issuance normative legal documents, directives, and guidance documents to implement tasks as prescribed by this Law and other relevant laws;
b) Coordinating with the Ministry of Public Security to organize the implementation of state strategies, plans, programs, and projects on security and order according to assigned tasks;
c) Taking the lead or coordinating with the Ministry of Public Security and related agencies and organizations to closely integrate economic and social development, national defense, foreign relations with security in planning, implementing national programs, and projects in their respective fields in accordance with the national security protection strategy, ensuring social order and safety, and building the People's Public Security;
d) Participating in building the people's security foundation, people's security posture, and linking it with the whole people's national defense foundation and posture, and building the people's armed forces according to the provisions of the law and the guidance of competent authorities;
đ) Taking the lead or coordinating with the Ministry of Public Security to periodically or urgently conduct inspection, audit, interim review, and final evaluation work on the implementation of security and order protection tasks within their authority;
e) Performing other tasks and powers regarding national security protection and ensuring social order and safety as prescribed by law.
Article 13. Responsibilities of People's Councils and People's Committees at all levels for national security protection activities, social order and safety assurance, and the construction of the People's Public Security Force
1. Within their respective tasks and powers, People's Councils at all levels shall have the following responsibilities:
a) To decide on measures to ensure the implementation of tasks related to national security protection and social order and safety assurance in accordance with the law;
b) To decide on policies and directions aimed at leveraging local potential to build a people's security foundation and a people's security posture integrated with a strong nationwide defense foundation and posture, building national security capacity, ensuring social order and safety;
c) To decide on policies and measures to organize mass organizations' participation in security and order protection at the grassroots level; to decide on policies and measures to closely combine strengthening security with economic and social development; economic and social development with strengthening security; and security with defense and foreign relations at the local level;
d) To decide on the budget to ensure the implementation of national security protection and social order and safety assurance tasks at the local level;
đ) To supervise compliance with the Constitution and laws and the implementation of People's Council resolutions on national security protection and social order and safety assurance at the local level;
e) Performing other tasks and powers regarding national security protection and ensuring social order and safety as prescribed by law.
2. Within their respective tasks and powers, People's Committees at all levels shall have the following responsibilities:
a) To issue regulatory legal documents within their authority to organize the implementation of tasks related to national security protection and social order and safety assurance in accordance with the law, People's Council resolutions at the same level, and national security protection and social order and safety assurance tasks assigned by competent authorities; to implement state management over national security protection and social order and safety assurance at the local level;
b) To direct and organize the implementation of building a people's security foundation and a people's security posture integrated with a strong nationwide defense foundation and posture, building national security capacity, ensuring social order and safety; to implement national defense and security education at the local level;
c) To submit to the same-level People's Council the budget estimate to ensure the implementation of national security protection and social order and safety assurance tasks; to direct and organize the implementation of the same-level People's Council resolutions on the budget to ensure the implementation of national security protection and social order and safety assurance tasks at the local level;
d) To direct agencies to cooperate with the People's Public Security Force in implementing national security protection and social order and safety assurance tasks at the local level, participating in building the People's Public Security Force, ensuring systems and policies for the People's Public Security Force and mass organizations participating in security and order protection at the grassroots level; to take the lead or coordinate in constructing, managing, and protecting important works related to national security within the area;
đ) To coordinate with the Vietnam Fatherland Front and its member organizations, relevant agencies, and organizations in implementing national security protection and social order and safety assurance tasks and participating in building the People's Public Security Force at the local level;
e) To organize inspections, audits, complaints and grievances resolution, law violation handling, mid-term and final reviews, commendations, and awards in the implementation of national security protection and social order and safety assurance tasks and building the People's Public Security Force at the local level;
g) To perform other duties and powers regarding national security protection and social order and safety assurance in accordance with the law.
Article 14. Responsibilities and treatment policies for agencies, organizations, and individuals participating, coordinating, collaborating, and supporting the People's Public Security
1. Agencies, organizations, and individuals operating within the territory of the Socialist Republic of Vietnam and agencies, organizations, and Vietnamese citizens abroad have the responsibility to participate, coordinate, collaborate, and support the People's Public Security in performing their functions, tasks, and powers as prescribed by law.
2. Agencies, organizations, and individuals participating, coordinating, collaborating, and supporting the People's Public Security in protecting national security, ensuring social order and safety, combating crime and violations of law shall be protected and kept confidential according to the provisions of law.
3. Agencies, organizations, and individuals participating, coordinating, collaborating, and supporting the People's Public Security in protecting national security, ensuring social order and safety, combating crime and violations of law shall be rewarded if they achieve merits; if they suffer damage to reputation, it shall be restored; if they suffer property loss, compensation shall be provided; if they suffer injury, harm to health, or life, themselves and their families shall enjoy benefits and policies as prescribed by law.
Chapter II
FUNCTIONS, TASKS AND POWERS OF THE PEOPLE'S PUBLIC SECURITY
Article 15. Functions of the People's Public Security
The People's Public Security has the function of advising the Party and State on protecting national security, ensuring social order and safety, combating crime and violations of law related to national security and social order and safety; implementing state management over protecting national security, ensuring social order and safety, combating crime and violations of law related to national security and social order and safety; combating plots and activities of hostile forces, various types of crime and violations of law related to national security and social order and safety.
Article 16. Tasks and Powers of the People's Public Security
1. Collecting information, analyzing, evaluating, forecasting situations, and proposing to the Party and State to promulgate and implement policies, laws, and strategies for protecting national security, ensuring social order and safety, combating crime and violations of law related to national security and social order and safety; participating in assessing and evaluating the impact on national security and social order and safety regarding planning, plans, development projects according to the provisions of law; closely combining the task of protecting national security, ensuring social order and safety, combating crime and violations of law related to national security and social order and safety with the task of developing the economy and society; effectively coordinating security activities with defense and foreign affairs activities.
2. Proactively preventing, detecting, blocking, and struggling to defeat plots and activities that infringe upon national security, eliminating threats to national security; protecting the independence, sovereignty, unity, and territorial integrity of the country; protecting the Party, State, people, and socialist regime; protecting political security, security in ideological-cultural, economic, defense, foreign affairs, information, social, environmental, scientific and technological fields; protecting other national interests; protecting the great unity of the entire nation; protecting the lives, health, dignity, personality, property, freedom, and democratic rights of citizens, legitimate rights and interests of agencies, organizations, and individuals.
3. Engaging in intelligence operations as prescribed by law.
4. Protecting high-level leaders of the Party and State, international guests visiting and working in Vietnam; protecting important events and targets in politics, economy, diplomacy, science and technology, culture, and society; protecting important works related to national security, foreign diplomatic missions, and international organizations' representative offices in Vietnam; protecting individuals holding or closely related to state secrets; protecting the transportation of special goods according to the provisions of law.
5. Implementing management over protecting national security and safeguarding state secrets; taking the lead in implementing management over entry, exit, transit, and residence of foreigners in Vietnam; managing the exit and entry of Vietnamese citizens according to the provisions of law; controlling entry, exit, and transit at border gates according to the provisions of law; coordinating with the People's Army, relevant sectors, and local authorities in border management, protection, islands, maritime, and airspace areas, and implementing tasks to protect national security and ensure social order and safety in border regions according to the provisions of law, international treaties to which the Socialist Republic of Vietnam is a member, and related international agreements.
6. Implementing management over cybersecurity, protecting cybersecurity, and preventing and combating cybercrime according to the provisions of law.
7. Implementing management over criminal investigation and crime prevention. Taking the lead in implementing anti-terrorism, riot prevention, and resolving complex situations involving national security and social order and safety according to the provisions of law. Proactively preventing, detecting, blocking, and combating crimes and violations of law related to social order and safety, environmental protection, natural resources, and food safety; receiving and handling reports of crimes, suggestions for prosecution; initiating and investigating crimes according to the provisions of law; conducting criminal statistics work; identifying causes and conditions leading to the occurrence of crimes and violations of law related to social order and safety, environmental protection, and suggesting measures to address them; educating law violators in the community according to the provisions of law.
8. Implementing management over the enforcement of criminal sentences, temporary detention, and pre-trial detention; managing prisons, temporary detention centers, police stations, compulsory education facilities, and juvenile rehabilitation schools; organizing the enforcement of criminal judgments and decisions, judicial measures; supervising and educating persons under 18 years old who are exempt from criminal liability; managing individuals released early with conditional release; carrying out escort, arrest, evidence storage management, court protection, and other judicial support tasks according to the provisions of law.
9. Implement management regarding administrative penalties and handling of administrative violations in the field of national security, public order, and social safety; impose administrative penalties and implement administrative measures as prescribed by law; ensure security and order in the execution of compulsory decisions when requested by competent authorities.
10. Implement management concerning residence, the national database on population, the citizen identification card database, seals, traffic order and safety, public order, weapons, explosives, explosive precursors, support tools, fire prevention, firefighting, rescue operations, and management of security and order for industries and professions subject to conditions as prescribed by law; issue, manage citizen identification cards and other personal documents; register, issue, and manage license plates for motor vehicles; carry out fire prevention, firefighting, rescue operations, and manage security and order for industries and professions subject to conditions as prescribed by law.
11. Take the lead and coordinate in managing and implementing propaganda and education activities to protect national security, ensure public order and social safety, combat crime and violations of laws related to national security, public order, and social safety; guide, inspect, audit, resolve complaints and denunciations, and handle violations in activities protecting national security, ensuring public order and social safety, combating crime, and violations of laws related to national security, public order, and social safety.
12. Serve as the core in building the people's security foundation and the people's security posture, and promote the whole people movement to protect the nation's security. Guide agencies and organizations in performing internal political security protection, economic security, ideological-cultural security, cyber security, information and communication security, social security, and environmental security.
14. Apply mass mobilization methods, law, diplomacy, economy, science and technology, professional techniques, and armed forces to protect national security, ensure public order and social safety, combat crime, and violations of laws related to national security, public order, and social safety.
15. Use weapons, explosives, support tools, force, technical professional means, and other means to attack, pursue criminals, prevent individuals from committing criminal acts or other illegal acts, and for lawful self-defense as prescribed by law.
16. Decide or propose to suspend or temporarily suspend the operation of agencies, organizations, or individuals whose actions cause or threaten to cause harm to national security, public order, and social safety; request agencies, organizations, or individuals to provide information, documents, or items if there is evidence indicating their involvement in activities infringing upon national security, public order, and social safety as prescribed by law. Mobilize and requisition information means, transportation means, and other means and the persons using or controlling such means in emergencies to protect national security, ensure public order and social safety, or to prevent ongoing or potential societal damage.
17. Implement measures to protect national security and ensure public order and social safety as prescribed by law during wartime, emergency situations, or when there is a threat to national security, public order, and social safety but not reaching the level of declaring an emergency situation.
18. Manage and develop the security industry; research, apply, and mobilize scientific and technological achievements and techniques in protecting national security, ensuring public order and social safety, combating crime, and violations of laws related to national security, public order, and social safety, and building the People's Public Security Force.
19. Build a revolutionary, regular, efficient, and modern People's Public Security Force, prioritizing the modernization of certain forces; serve as the core in carrying out tasks to protect national security, ensure public order and social safety, combat crime, and violations of laws related to national security, public order, and social safety.
20. Fulfill international obligations; cooperate internationally in combating crime, protecting national security, ensuring public order and social safety, and building the People's Public Security Force; implement mutual legal assistance in criminal matters as prescribed by law. The Ministry of Public Security is the central agency of the Socialist Republic of Vietnam in extradition and transfer of prisoners serving sentences.
21. Perform other duties and powers as prescribed by law.
Chapter III
ORGANIZATION OF THE PEOPLE'S PUBLIC SECURITY
Article 17. The organizational system of the People's Public Security
1. The organizational system of the People's Public Security includes:
a) Ministry of Public Security;
b) Provincial and centrally governed city police;
c) Police of districts, towns, cities under provinces, and cities under central municipalities;
d) Commune and ward police.
2. The Government shall specify the detailed regulations on building regular police stations in communes and wards.
3. To meet the requirements for national security protection and ensuring social order and safety, the Minister of Public Security decides to establish police posts and independent units at necessary locations.
Article 18. Authority to define functions, tasks, powers, and organizational structure within the People's Public Security
1. The Government shall define the functions, tasks, powers, and organizational structure of the Ministry of Public Security.
2. The Minister of Public Security shall define the functions, tasks, powers, and organizational structure of subordinate units of the Ministry, provincial public security, municipal public security under central municipalities, district public security, town public security, city public security under provinces, municipal public security under central municipalities, commune public security, ward public security, town public security, and other units within the People's Public Security.
Article 19. Command in the People's Public Security
1. The Minister of Public Security is the highest commander in the People's Police.
2. Subordinate public security command is responsible to superior public security command regarding the organization and operation of the assigned public security unit. Local public security command is responsible to superior public security command and to the same-level Party committee and local government.
3. Officers, non-commissioned officers, and soldiers of the People's Public Security with higher rank or grade are superiors of those with lower rank or grade. In cases where an officer, non-commissioned officer, or soldier has a higher position but equal or lower grade than another with a higher grade but lower position, the former is the superior of the latter.
Chapter IV
OFFICERS, NON-COMMISSIONED OFFICERS, AND SOLDIERS OF THE PEOPLE'S PUBLIC SECURITY
Article 20. Classification and deployment of officers, non-commissioned officers, and soldiers of the People's Public Security
1. According to the nature of activities, in the People's Public Security, there are:
a) Operational officers and non-commissioned officers;
b) Technical officers and non-commissioned officers;
c) Non-commissioned officers and conscript soldiers.
2. The Minister of Public Security shall specify the detailed regulations on classification and deployment of officers, non-commissioned officers, and soldiers of the People's Public Security according to the nature of activities.
Article 21. System of ranks for officers, non-commissioned officers, and soldiers of the People's Public Security
1. Operational officers and non-commissioned officers:
a) General officers have 04 ranks: Grand General; Senior General; Major General; Lieutenant General;
b) Colonel officers have 04 ranks: Senior Colonel; Colonel; Lieutenant Colonel; Major;
c) Captain officers have 04 ranks: Senior Captain; First Captain; Second Captain; Third Captain;
d) Non-commissioned officers have 03 ranks: Senior Sergeant; Sergeant; Junior Sergeant.
2. Technical officers and non-commissioned officers:
a) Colonel officers have 03 ranks: Senior Colonel; Colonel; Lieutenant Colonel;
b) Captain officers have 04 ranks: Senior Captain; First Captain; Second Captain; Third Captain;
c) Non-commissioned officers have 03 ranks: Senior Sergeant; Sergeant; Junior Sergeant.
3. Non-commissioned officers and conscript soldiers:
a) Conscript non-commissioned officers have 03 ranks: Senior Sergeant; Sergeant; Junior Sergeant;
b) Conscript soldiers have 02 ranks: Private First Class; Private Second Class.
Article 22. Subjects, conditions, and time limits for considering promotion to ranks for officers, non-commissioned officers, and soldiers of the People's Public Security
1. Objectives for granting ranks:
a) Students and pupils receiving living expenses at the Public Security University, upon graduation, will be promoted to the following ranks: Bachelor's degree: Third Captain; Associate degree: Sergeant; Outstanding students and pupils will be promoted to a higher rank by one level;
b) Cadres, civil servants, officials, or graduates from higher education institutions or vocational training institutions recruited into the People's Public Security shall be promoted to corresponding ranks based on their educational qualifications, work experience, assigned tasks, and salary grades;
c) Conscript soldiers will be promoted to the initial rank of Private Second Class.
2. Conditions for considering promotion to ranks: Officers, non-commissioned officers, and soldiers of the People's Public Security will be promoted to ranks when they meet the following conditions:
a) Fulfilling duties, meeting political standards, moral qualities, professional qualifications, and health requirements;
b) Current rank is lower than the highest rank prescribed for the current position or title;
c) Meeting the time limit for considering promotion to ranks as stipulated in Clause 3 of this Article.
3. Time limits for promotion in rank:
a) Non-commissioned officers and technical officers: Junior Sergeant to Sergeant: 01 year; Sergeant to Senior Sergeant: 01 year; Senior Sergeant to Third Captain: 02 years; Third Captain to Second Captain: 02 years; Second Captain to First Captain: 03 years; First Captain to Senior Captain: 03 years; Senior Captain to Colonel: 04 years; Colonel to Lieutenant Colonel: 04 years; Lieutenant Colonel to Senior Colonel: 04 years; Senior Colonel to Senior General: 04 years; Time limit for promotion to each general rank is at least 04 years;
b) The Minister of Public Security shall specify the time limit for considering promotion to ranks for technical officers and non-commissioned officers corresponding to the salary scale for technical officers prescribed by the Government;
c) The Minister of Public Security shall specify the time limit for considering promotion to ranks for non-commissioned officers and conscript soldiers;
d) The time spent by officers, non-commissioned officers, and soldiers studying at school counts towards the time limit for considering promotion to ranks; for officers, non-commissioned officers, and soldiers demoted in rank, if they show progress after 01 year from the date of demotion, they may be considered for promotion to ranks.
Article 23. Promotion to rank ahead of schedule and promotion beyond regular rank
1. Officers, non-commissioned officers, and soldiers of the People's Public Security who achieve outstanding achievements in national security protection, social order and safety assurance, crime prevention and suppression, law violation combat, building the People's Public Security, scientific research, work, and study, and whose current rank is lower than the highest rank prescribed for their current position or title, shall be considered for promotion ahead of schedule.
2. Officers, non-commissioned officers, and soldiers of the People's Public Security who achieve outstanding achievements in national security protection, social order and safety assurance, crime prevention and suppression, law violation combat, and whose current rank is two or more ranks lower than the highest rank prescribed for their current position or title, may be considered for promotion beyond regular rank, but not exceeding the highest rank prescribed for their current position or title.
Article 24. Positions and titles of officers of the People's Public Security
1. Basic positions of officers of the People's Public Security include:
a) The Minister of Public Security;
b) Director of Departments, Commanders;
c) Directors of Provincial Public Security Services, Municipal Public Security Services directly under the Central Government;
d) Heads of Divisions; Chiefs of Public Security of counties, districts, towns, cities under provinces, municipalities directly under the Central Government; Regiment Commanders;
đ) Team Leaders; Chiefs of Public Security of communes, wards, towns; Battalion Commanders;
e) Company Commanders;
g) Platoon Leaders;
h) Squad Leaders.
2. Positions equivalent to those specified in points b, c, d, đ, e, g, and h of Clause 1 of this Article and other positions and titles within the People's Public Security shall be defined by the Minister of Public Security.
3. Professional titles and standards for professional titles of officers of the People's Public Security shall be defined by the Minister of Public Security in accordance with the provisions of the law.
1. The highest rank for positions of officers of the People's Public Security is defined as follows:
a) General: Minister of Public Security;
c) Lieutenant General, with a number not exceeding 35 including: Directors of Departments, Commanders, and equivalents of units directly under the Ministry of Public Security having one of the following criteria: strategic advisory function, coordination hub with ministries, sectors, localities; vertical force system, nationwide scale, directly leading or participating in coordinating tasks for national security protection, social order and safety assurance, crime prevention and suppression; function of researching, guiding, managing professional activities throughout the force; Deputy Chairman of the Standing Committee of the Inspection Commission of the Party Committee of the Public Security Central Committee; Directors of the Political Academy of the Public Security, the National Security Academy, the Police Academy; Directors of Public Security of Hanoi City, Ho Chi Minh City; Public Security officers seconded to hold the position of Deputy Chairman of the National Defense and Security Committee of the National Assembly or appointed to the position of Deputy Minister or equivalent;
đ) Colonel: Directors of Public Security of provinces, centrally governed cities, except cases stipulated in point c and point d of this clause; Directors of hospitals directly under the Ministry; Principals of public security vocational colleges;
g) Major: Team Leaders and equivalents; Chiefs of Public Security of communes, wards, towns; Battalion Commanders;
h) Lieutenant Colonel: Company Commanders;
i) Senior Captain: Platoon Leaders;
k) First Lieutenant: Squad Leaders.
3. Public Security officers seconded to hold positions higher than those stipulated in point c of Clause 1 of this Article and special cases may be conferred or promoted to general rank by the competent authority.
5. The Minister of Public Security defines the highest rank as colonel or captain for officers holding remaining positions and titles within the People's Public Security.
Article 26. Competence to confer, promote, demote, strip ranks, increase pay for officers, non-commissioned officers, and soldiers; appoint, relieve from duty, remove from office, demote positions; appoint, relieve from duty titles in the People's Public Security
1. The President confers and promotes general rank for public security officers.
2. The Prime Minister appoints the position of Deputy Minister of Public Security; decides on increasing pay for grand general and senior general ranks.
3. The Minister of Public Security decides on increasing pay for major general and lieutenant general ranks; stipulates the procedures for conferring, promoting, increasing pay for ranks, and appointing positions and titles remaining within the Public Security.
4. The authority to confer and promote a certain rank has the authority to demote and strip that rank; each time only one rank can be promoted or demoted, except in special cases where multiple ranks may be considered. The authority to appoint a position has the authority to relieve from duty, remove from office, and demote that position. The authority to appoint a title has the authority to relieve from duty that title.
Article 27. Procedures for conferring, promoting, demoting, stripping ranks in the Public Security
1. The Prime Minister submits to the President for conferring, promoting, demoting, and stripping general ranks.
The procedure for conferring, promoting, demoting, and stripping general ranks for public security officers on secondment shall be based on the proposal of the agency or organization to which they are seconded and the Minister of Public Security.
2. The Minister of Public Security stipulates the procedures for conferring, promoting, demoting, and stripping ranks for officers, non-commissioned officers, and soldiers.
Article 28. Transfer of officers, non-commissioned officers, and soldiers in the Public Security
1. The authority to appoint a position has the right to transfer the person holding that position.
2. Officers, non-commissioned officers, and soldiers in the Public Security must comply with the transfer orders of the competent authority.
Article 29. Secondment of Public Security Officers
1. Based on the requirements for national security protection, social order and safety assurance, crime prevention and suppression, and law violations, the competent authority decides to second public security officers to work at agencies and organizations outside the Public Security according to the law.
When public security officers complete their secondment mission, they will be considered for equivalent positions; they retain the benefits of the secondment position.
3. Agencies and organizations to which public security officers are seconded have the responsibility to assign tasks, maintain confidentiality, and ensure working and living conditions for seconded officers according to the law.
4. The Government shall provide detailed regulations on this matter.
Article 30. Age Limit for Service of Non-Commissioned Officers and Officers in the Public Security
a) Non-commissioned officers: 45;
b) Commissioned officers: 53;
c) Lieutenant colonels, Colonels: male 55, female 53;
d) Senior colonels: male 58, female 55;
đ) Brigadier generals: male 60, female 55;
e) Generals: 60.
2. The age limit for service of officers holding positions and titles in the Public Security is determined by the Minister of Public Security but does not exceed the highest age limit specified in Clause 1 of this Article, except as provided in Clause 4 of this Article.
5. Public security officers retire when they meet the conditions stipulated by law; in cases where they do not meet the retirement conditions stipulated by law, and the Public Security has no need to arrange for them or they cannot change professions, or if the officer voluntarily requests retirement, male officers with at least 25 years of service and female officers with at least 20 years of service in the Public Security may retire before the age limit specified in Clause 1 of this Article.
Article 31. Obligations and Responsibilities of Police Officers, Non-Commissioned Officers, and Soldiers of the People's Public Security Force
1. Absolute loyalty to the Homeland, the People, the Party, and the State.
2. Strictly comply with the policies and guidelines of the Party, the laws and policies of the State, the regulations of the People's Public Security Force, directives, and orders from superiors.
3. Be honest, brave, vigilant, ready to fight, and complete all assigned tasks.
4. Respect and protect the rights and legitimate interests of agencies, organizations, and individuals; closely connect with the people; be devoted to serving the people with respect and courtesy.
5. Continuously study to improve political, legal, scientific, technical, professional, and vocational knowledge; cultivate revolutionary qualities, organizational discipline awareness, and physical fitness.
6. Bear responsibility under the law and to superiors for their own orders, for the execution of orders from superiors, and for the performance of tasks by subordinates under their authority. When receiving an order from a commander, if there is evidence that the order is contrary to the law, they must immediately report it to the person issuing the order; in cases where they still have to execute the order, they will not be held responsible for the consequences of executing the order and must promptly report to the direct superior of the person issuing the order.
Article 32. Matters Prohibited for Police Officers, Non-Commissioned Officers, and Soldiers of the People's Public Security Force
1. Exploit or abuse the assigned position and powers to infringe upon the interests of the State, the rights, and legitimate interests of organizations and individuals.
2. Actions contrary to the law, regulations of the People's Public Security Force, and actions prohibited by law for civil servants and public officials.
Chapter V
ENSURING CONDITIONS FOR ACTIVITY AND REGIME, POLICIES FOR THE PEOPLE'S PUBLIC SECURITY FORCE
Article 33. Ensuring Financial Resources and Material and Technical Conditions for the Activities of the People's Public Security Force
1. The State ensures conditions regarding the budget and material and technical facilities for activities to protect national security, maintain social order and safety, combat crime and violations of the law, and build the People's Public Security Force, including financial investment, weapons, explosives materials, support tools, equipment, technical means, other means, land, headquarters, construction projects, industrial bases, and other material and technical conditions.
2. In cases necessary for protecting national security, maintaining social order and safety, combating crime and violations of the law, the State mobilizes scientific and technological resources and technical means to serve the activities of the People's Public Security Force, including:
a) Transfer of technology, results of scientific research and development;
b) Ensuring material and technical conditions for training, education, and scientific research institutions of the People's Public Security Force;
c) Ensuring information resources, databases, scientific and technological materials, and technical means;
d) Supplementing forces, training, and nurturing scientific and technological human resources to serve the protection of national security, maintenance of social order and safety, and combating crime and violations of the law.
3. For weapons, explosive materials, support tools, equipment, technical means, and other means serving the activities of the People's Public Security Force which are not yet produced domestically or cannot meet the needs, the Minister of Public Security shall submit proposals.
Clause 4. The Government shall provide detailed regulations on Clauses 1 and 2 of this Article.
1. The national security industry is a part of the defense and security industry, serving the protection of national security, maintenance of social order and safety, combating crime and violations of the law, and building the People's Public Security Force.
2. The State has special policies and mechanisms for the construction and planning of the development of the national security industry; investing in research, production, and repair of weapons, explosive materials, support tools, equipment, technical means, and other means to serve the mission of protecting national security, maintaining social order and safety, and combating crime and violations of the law.
3. The Ministry of Public Security is responsible before the Government, coordinating with relevant ministries, sectors, agencies, and organizations to build and develop the national security industry.
4. The Government shall provide detailed regulations on this matter.
Article 35. Equipment of weapons, explosives, auxiliary tools, devices, technical equipment, and other means
The People's Public Security shall be equipped with weapons, explosives, auxiliary tools, devices, technical equipment, and other means suitable for the assigned tasks by the State.
Article 36. Uniforms, insignia, flags, rank badges, service medals, and identification cards for the People's Public Security
The uniforms, insignia, flags, rank badges, service medals, and identification cards for the People's Public Security shall be regulated by the Government.
Article 37. Policy on training and development of officers, non-commissioned officers, and soldiers of the People's Public Security
1. Officers, non-commissioned officers, and soldiers of the People's Public Security shall be trained and developed in politics, law, specialized knowledge, professional skills, and other necessary knowledge suitable for their assigned tasks; they shall be encouraged and provided conditions by the State to develop their talents for serving the People's Public Security.
2. The State shall have preferential policies for training and developing officers, non-commissioned officers, and soldiers of the People's Public Security who are from ethnic minorities.
Article 38. Salary, allowances, housing, and working conditions for officers, non-commissioned officers, and soldiers of the People's Public Security
1. The salary and allowance system for officers, non-commissioned officers, and soldiers of the People's Public Security shall be regulated by the Government. The salary of officers and non-commissioned officers serving under a professional system shall be calculated based on their positions, titles, and ranks, consistent with the nature and tasks of the People's Public Security; seniority allowances shall be calculated based on the current salary level and the time served in the People's Public Security. Officers, non-commissioned officers, and soldiers of the People's Public Security shall enjoy subsidies and allowances equivalent to those of civil servants with similar working conditions and special allowances for the People's Public Security.
2. If an officer of the People's Public Security holds multiple positions or titles at the same time, they shall enjoy the benefits of the highest position or title and兼任职务或职位的补贴,按照法律规定执行。
3. When an officer of the People's Public Security is assigned a lower position or title due to work requirements or organizational restructuring as stipulated by law, they shall retain the benefits of the position or title they were originally holding.
4. When an officer of the People's Public Security is relieved of their position or title, they shall enjoy the benefits of the new position or title.
5. Officers, non-commissioned officers, and soldiers of the People's Public Security shall be guaranteed barracks and working and living conditions suitable for their job nature and assigned tasks.
6. Professional officers and technical officers shall enjoy housing allowances and be guaranteed official housing; officers, non-commissioned officers, and soldiers of the People's Public Security shall benefit from social housing support policies as prescribed by law.
Article 39. Health care for officers, non-commissioned officers, soldiers, students, pupils, police workers, and their relatives
1. Officers, non-commissioned officers, soldiers, students, pupils, and police workers shall be guaranteed health care; when they are injured, sick, involved in accidents, or occupational risks far from their initial medical examination and treatment facility or suffer from diseases that the People's Public Security medical facilities cannot treat, they shall be entitled to medical examinations and treatments at other medical facilities, and their hospital fees shall be reimbursed and other benefits implemented according to the law.
2. Birth parents, legal guardians; birth parents, legal guardians of spouses; spouses; biological children or legally adopted children under 18 years old of officers, non-commissioned officers, soldiers, students, and pupils of the People's Public Security without medical insurance shall be covered by the People's Public Security to purchase medical insurance and be entitled to medical examinations and treatments at medical facilities as prescribed by law.
3. Birth parents, legal guardians; birth parents, legal guardians of spouses; spouses; biological children or legally adopted children under 18 years old of police workers without medical insurance shall be eligible to purchase medical insurance and be entitled to medical examinations and treatments at medical facilities as prescribed by the Government.
4. The State shall ensure funding to implement the provisions of Clause 1 and Clause 2 of this Article.
Article 40. Rest Regime for Officers, Non-commissioned Officers, Soldiers, and Police Workers
1. Officers, non-commissioned officers, soldiers, and police workers on duty shall take rest according to the provisions of the Labor Code and the regulations of the Minister of Public Security.
2. Professional officers and non-commissioned officers, and police workers who cannot be arranged for annual leave due to mission requirements shall, in addition to their salary, be paid an amount equivalent to their salary for the days they do not take leave.
Article 41. Policies and Benefits for People's Police Officers, Non-commissioned Officers, and Soldiers Who Retire, Change Careers, Are Discharged, Are War Invalids, Sacrifice Themselves, or Pass Away
1. People's Police Officers who retire shall enjoy the following benefits:
a) Pension calculated based on the provisions of Clause 1, Article 38 of this Law and in accordance with the laws on social insurance;
b) If retiring before the service age stipulated in Clauses 1, 2, and 3, Article 30 of this Law due to organizational restructuring, reduction in personnel, or lack of need for deployment and utilization, in addition to the social insurance benefits prescribed by the laws on social insurance, they shall also receive a one-time allowance as prescribed by the Government;
c) Use People's Police uniforms, police badges, rank insignia, and emblems on holidays, meetings, and traditional exchanges of the People's Police;
d) Local authorities where they reside shall create conditions for them to stabilize their lives; if they do not have housing, they shall benefit from policies supporting social housing as prescribed by the laws;
đ) Enjoy medical insurance benefits as prescribed by the laws, and be entitled to medical examination and treatment at the level of their rank or position prior to retirement at People's Police medical facilities as prescribed by the Minister of Public Security;
2. Officers and non-commissioned officers of the People's Public Security transferring to another profession shall enjoy the following benefits:
a) The State ensures necessary professional and vocational training for officers and non-commissioned officers changing careers as required by organizations;
b) Maintain the salary and seniority allowances at the time of career change for a minimum period of 18 months;
c) The benefits prescribed in point c, Clause 1 of this Article;
d) In cases where they are reassigned to serve in the People's Police again, the period of career change shall be counted towards continuous service time for consideration of promotion in rank and seniority;
đ) Upon retirement, they shall receive seniority allowances calculated based on their service time in the People's Police and the current salary level; if the current salary level is lower than the salary level at the time of career change, the salary level at the time of career change shall be used to calculate the pension according to the laws;
3. People's Police Officers and non-commissioned officers who are discharged shall enjoy the following benefits:
a) Employment assistance and a one-time allowance as prescribed by the Government;
b) The benefits prescribed in points c and d, Clause 1 of this Article;
c) If they have served for at least 15 years in the People's Police, when sick, they shall be entitled to medical examination and treatment at People's Police medical facilities as prescribed by the Minister of Public Security;
4. People's Police Officers and non-commissioned officers who are discharged as war invalids shall enjoy the benefits prescribed in points c and d, Clause 1 of this Article and other benefits as prescribed by the laws;
5. People's Police Officers and non-commissioned officers who have directly participated in combat, combat support, or worked in difficult areas or special professions shall have their service time converted to enjoy benefits upon leaving the People's Police as prescribed by the laws;
6. In cases where People's Police Officers, non-commissioned officers, and soldiers die while on duty, their relatives shall enjoy benefits under the laws on preferential treatment for persons meritorious to the revolution, social insurance benefits as prescribed by the laws on social insurance, and a one-time allowance as prescribed by the Government;
7. In cases where People's Police Officers, non-commissioned officers, and soldiers pass away while on duty, their relatives shall enjoy social insurance benefits as prescribed by the laws on social insurance and a one-time allowance as prescribed by the Government.
Article 42. Regime and policies for students, pupils, police workers, non-commissioned officers, conscript soldiers, and relatives of non-commissioned officers and conscript soldiers.
1. Students and pupils of the People's Public Security shall enjoy living expenses and regimes and policies as prescribed by law for non-commissioned officers and conscript soldiers.
3. Non-commissioned officers and conscript soldiers shall enjoy the regimes and policies prescribed for non-commissioned officers and soldiers serving in the armed forces; upon completion of their service period, they shall be granted vocational training allowances or job creation allowances and shall be given priority in admission to the People's Public Security Academy, and shall enjoy other regimes and policies as prescribed by the Government. Relatives of non-commissioned officers and conscript soldiers shall enjoy the regimes and policies prescribed for relatives of non-commissioned officers and soldiers serving in the armed forces.
Chapter VI
REWARDS AND VIOLATION HANDLING
Article 43. Rewards
1. Officers, non-commissioned officers, and conscript soldiers of the People's Public Security, and police workers who have meritorious achievements in combat or work shall be considered for awards such as medals, honors, and other forms of commendation as prescribed by law.
2. Organizations, individuals participating, cooperating, assisting, or helping the People's Public Security in national security protection, social order maintenance, crime prevention and suppression, and law enforcement, shall be considered for commendation according to their merits as prescribed by law.
Article 44. Handling of Violations
1. Officers, non-commissioned officers, and conscript soldiers of the People's Public Security, and police workers who violate discipline or laws shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if causing harm to the health, life, property, or legitimate interests of others, they must compensate or make restitution as prescribed by law.
2. Officers, non-commissioned officers, and conscript soldiers of the People's Public Security may not wear uniforms, insignia, rank badges, or emblems when under investigation, detention, or arrest; if stripped of the title of People's Public Security Officer, they shall also lose their rank badges, insignia, and emblems.
3. Individuals, organizations, or entities threatening the lives, insulting the dignity, or defaming the reputation of officers, non-commissioned officers, and conscript soldiers of the People's Public Security, opposing, destroying, seizing means of transportation, documents, weapons, explosives, or support tools, or obstructing the performance of duties by these officers shall be subject to legal sanctions depending on the nature and severity of the violation.
4. Individuals, organizations, or entities evading, opposing, or obstructing the fulfillment of obligations to join the People's Public Security shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation as prescribed by law.
Chapter VII
IMPLEMENTATION PROVISIONS
Article 45. Effective Date
1. This Law shall take effect from July 1, 2019, except as provided in Clause 2 of this Article.
2. The provisions of this Law regarding the highest rank being general; promotion, demotion, or revocation of the rank of general; appointment, dismissal, removal, or demotion of positions with the highest rank being general shall take effect from January 11, 2019.
3. The Law on the People's Public Security No. 73/2014/QH13 shall cease to be effective from the date this Law takes effect.
Article 46. Transitional Provisions
1. For communes and towns that have established regular public security organs, the following shall apply:
a) The provision at point a, Clause 3, Article 61 of the Law on Cadres and Civil Servants No. 22/2008/QH12 shall not be applied;
b) The provisions concerning the tasks and powers of the Provincial People's Council over commune public security organs at point c, Clause 7, Article 19 of the Law on Organization of Local Administration No. 77/2015/QH13 shall not be applied;
c) Positions of part-time commune public security officers appointed and assigned according to the Ordinance on Commune Public Security No. 06/2008/PL-UBTVQH12 shall end their term and continue to participate in protecting security and order at the grassroots level, enjoying regimes and policies as prescribed by the Ordinance on Commune Public Security No. 06/2008/PL-UBTVQH12 until another regulatory legal document is issued.
_______________________________________________________________________________________
This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 14th term, the sixth session, on November 20, 2018.
Văn bản gốc (PDF)
Tải văn bản
Bản đồ quan hệ
Bấm vào một văn bản để mở. Viền đỏ = quan hệ làm thay đổi hiệu lực.
Bản dịch
Văn bản này có sẵn ở các ngôn ngữ sau: