Decree No. 38/2006/NĐ-CP on People's Security Guards

DECREE

Of the Government Decree No. 38/2006/NĐ-CP dated April 17, 2006

on People's Security Guards

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the National Security Law dated December 3, 2004;
At the proposal of the Minister of Public Security,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

This Decree stipulates the functions, tasks, powers, principles of organization, operation, and policies for People's Security Guards.

Organizations and individuals of Vietnam and foreign organizations and individuals residing and operating within the territory of the Socialist Republic of Vietnam must comply with the provisions of this Decree. In cases where international treaties to which Vietnam is a party provide different provisions, such treaties shall be applied.

Article 2. Position and Functions of People's Security Guards

1. People's Security Guards are voluntary mass forces serving as the core in the movement for national security protection and social order, established in wards and towns (hereinafter referred to collectively as wards) where regular police forces are stationed, decided upon establishment by the Ward People's Committee.

2. People's Security Guards have the responsibility to serve as the core in implementing mass movements, protecting national security, and carrying out certain preventive measures against criminal activities, social evils, and other illegal acts as prescribed by law, aiming to protect the Party, the government, the interests of the State, and the lawful rights and interests of citizens within their jurisdiction.

Article 3. Principles of Operation of People's Security Guards

People's Security Guards are subject to comprehensive leadership by the Ward Party Committee, supervision by the Ward People's Council, management and direction by the Ward People's Committee, and direct guidance on work by the Ward Police Station.

All activities of People's Security Guards shall be carried out in accordance with this Decree and other relevant laws. Any act of exploiting the name of People's Security Guards to commit unlawful acts and infringe upon the lawful rights and interests of citizens is strictly prohibited.

Article 4. Responsibilities of Agencies, Units, Organizations, and Individuals in Building and Consolidating People's Security Guards

Ministries, agencies at the level of ministries, governmental tax agencies, people's committees at all levels, units of the People's Armed Forces, political and social organizations, occupational associations, and all citizens have the responsibility to participate in building and assisting the People's Security Guard force in performing its duties.

Chapter II
TASKS, POWERS, ORGANIZATION AND WORKING METHODS OF PEOPLE'S SECURITY GUARDS

Article 5. Tasks of People's Security Guards

1. To grasp the situation regarding security and order, identify internal conflicts and disputes among residents, administrative violations, and violations of social order and security within the ward; report to the police station and the Ward People's Committee, take preventive and blocking measures; participate in mediation and timely resolution to prevent adverse consequences.

2. To disseminate and promote awareness of vigilance and prevention of crime, social evils, and illegal acts concerning security and order, thereby mobilizing residents within the ward to voluntarily comply with the policies and laws of the Party and the State, rules and regulations on security and order, and participate in building safe and secure wards, residential clusters, and households free from crime and social evils.

3. To urge and remind residents within the ward to comply with legal provisions on population registration and household registration; the use and management of identity cards and other personal documents; regulations on registration of business operations with conditions related to security and order; management of weapons, explosives, and support tools; participate in maintaining public order, traffic safety, and fire prevention and extinguishing.

4. To mobilize residents to participate in reforming, educating, helping, and managing those who have completed their prison sentences, completed decisions to send them to educational facilities, treatment centers, drug rehabilitation centers, juvenile offenders, and those undergoing non-custodial corrective education. Coordinate with agencies and organizations responsible for managing and educating these subjects within the ward. Mobilize and persuade relatives of fugitives, those evading execution of judgments, and criminals hiding to encourage them to surrender.

5. When complex situations involving security and order occur within the jurisdiction, they must promptly arrive and find ways to immediately report to the Ward Police Station; protect the scene, participate in initial rescue of victims, rescue hostages, apprehend and detain criminals caught in the act, participate in firefighting, save property, and perform other tasks assigned and guided by the Ward People's Committee and the Ward Police Station.

6. To coordinate with civilian defense forces and specialized security personnel of agencies, units, and enterprises located within the jurisdiction to protect security and order according to the directives of the Ward People's Committee and the Ward Police Station. Organize patrols and inspections and participate in preventive activities, detection, and struggle against crime, social evils, and other violations of order and social security as prescribed by law.

Article 6. Powers of the People's Security Ward

1. Arresting, confiscating weapons, and escorting persons committing crimes on the spot, persons being sought for arrest, or persons evading execution of criminal sentences to the police station of the ward in accordance with the provisions of the law.

2. Requesting immediate cessation of violations and reporting to the People's Committee and the Police Station of the ward to take appropriate measures in accordance with the law against persons currently engaging in violations of public order, construction regulations, traffic safety, fire safety regulations, and other violations concerning public order and social safety.

3. Participating with police forces or other competent authorities to pursue and apprehend criminals, persons being sought for arrest, or persons evading execution of criminal sentences; inspect temporary residence and absence; check identity cards or other personal documents of persons residing temporarily or those suspected of entering the assigned area.

Article 7. Organization of the People's Security Ward

1. Each residential cluster shall establish one People's Security Ward team. The team leader and members of the People's Security Ward team shall be elected by representatives of households within the residential cluster. Depending on the specific circumstances and population size in the area, each People's Security Ward team shall have from three to seven members.

2. Each ward shall establish one People's Security Ward Board. The People's Security Ward Board consists of the Chairman, Deputy Chairmen, and Members. The Members of the People's Security Ward Board are the team leaders of the People's Security Ward teams in the residential clusters. The Chairman and Deputy Chairmen of the People's Security Ward Board shall be elected by the Members of the People's Security Ward Board through secret ballot.

3. The Head of the Police Station of the ward shall be responsible for organizing the election of the Chairman, Deputy Chairmen, team leaders, and members of the People's Security Ward, and proposing to the People's Committee of the ward to decide on recognizing these positions.

Based on the election results of the People's Security Ward Board and the proposal of the Head of the Police Station of the ward, the Chairman of the People's Committee of the ward shall issue a decision to establish the People's Security Ward Board, recognize the Chairman, Deputy Chairmen, Members, team leaders, and members of the People's Security Ward.

4. The term of operation of the People's Security Ward Board is five years. During the term of operation of the People's Security Ward Board, changes, removals, and supplements to the positions within the Board shall be carried out as follows:

a) If the Chairman, Deputy Chairmen, team leaders, or members of the People's Security Ward are vacant (due to death, loss of health, or resignation), then supplementary elections for these positions shall be organized according to the general procedures stipulated in Clause 2 of this Article;

b) If the Chairman or Deputy Chairmen of the People's Security Ward Board fail to fulfill their duties, lose the trust of the Board and the people, or violate discipline and laws, the Head of the Police Station of the ward shall report and propose to the Chairman of the People's Committee of the ward to convene a meeting of the entire Board to seek opinions on dismissal and organize elections for replacements;

c) If team leaders or members of the People's Security Ward fail to fulfill their duties, lose the trust of the people, or violate discipline and laws, the Chairman of the People's Security Ward Board shall report and propose to the Head of the Police Station of the ward to convene a meeting of household representatives who elected that member to seek opinions on dismissal and elect replacements;

d) Recognition and dismissal of new Chairmen, Deputy Chairmen, team leaders, and members of the People's Security Ward Board must be decided in writing by the Chairman of the People's Committee of the ward.

Article 8. Conditions and Standards for Civil Defense Volunteers

1. Vietnamese citizens aged 18 years or older, residing stably within the area.

2. Having a clear record, personally and in family, exemplary in complying with the Party's guidelines and State policies.

3. Possessing good health, having conditions, enthusiasm, and voluntarily participating in social activities; understanding laws and must be trained in professional skills related to security and public order maintenance.

4. Not having prior criminal records, not being individuals currently serving suspended sentences, probation, or other administrative measures.

5. Maintaining good relations with the people, trusted by the masses, and elected by the residents of the community.

Article 9. Working Procedures for Civil Defense Volunteers

1. The Head of the Civil Defense Volunteer Group is responsible for managing the organization and directing all activities of the group, regularly reporting on the implementation results of various tasks to the People's Committee of the ward and the Police Station.

a) The Deputy Head assists the Head in performing assigned duties and takes over the management of the group when authorized by the Head.

b) Members of the Civil Defense Volunteer Group are directly led and managed by the Head and Deputy Head, and are responsible for implementing policies, measures, and work plans at their respective communities and other security and public order tasks assigned by the Head and Deputy Head.

2. The Civil Defense Volunteer Group meets once a month (except in emergencies) to review completed work and plan the next month's activities.

3. While performing duties, Civil Defense Volunteers must wear identification bands and badges as prescribed.

Article 10. Work Relationships of Civil Defense Volunteers

1. With the Ward Party Committee and People's Committee: Civil Defense Volunteers are subject to leadership, direction, and management regarding organizational structure and general guidance on work.

2. With the Police Station: Civil Defense Volunteers are guided and instructed on professional skills related to security and public order maintenance and participate in joint efforts with the Police Station in maintaining security and public order.

3. With civilian defense forces, mass organizations, and specialized security forces of agencies, units, organizations, and enterprises within the ward: they cooperate to fulfill security and public order tasks in the area, following directives from the Party Committee and the People's Committee.

Chapter III
REGIME, POLICIES, EQUIPMENT, AND FUNDS TO ENSURE THE ACTIVITIES OF CIVIL DEFENSE VOLUNTEERS

Article 11. Regime and Policies for Civil Defense Volunteers

1. Civil Defense Volunteers receive monthly allowances paid by the People's Committee of the ward. Based on specific conditions and budget balance of each locality, the Chairman of the Provincial or Central City People's Committee decides the allowance level for each position of Civil Defense Volunteers in their locality.

2. In case Civil Defense Volunteers are killed or injured while on duty according to the Law on Preferential Treatment for Persons Contributing to the Revolution dated June 29, 2005 of the Standing Committee of the National Assembly, they will be considered for recognition as martyrs or persons entitled to benefits similar to those for disabled veterans.

3. Civil Defense Volunteers are provided with legal knowledge and professional training in security and public order work as stipulated by the Ministry of Public Security. During concentrated training periods, Civil Defense Volunteers receive travel and accommodation allowances as prescribed for Village Police.

Article 12. Equipment for Civil Ward Security

1. Civil Ward Security shall be equipped with and use simple weapons and auxiliary tools in accordance with the provisions of the law.

2. Civil Ward Security shall be provided with certificates, signs, insignia bands according to a unified model and other necessary equipment as prescribed.

The Ministry of Public Security shall specify and guide in detail the equipment for Civil Ward Security in accordance with the provisions of this Article.

Article 13. Operating Expenses for Civil Ward Security

1. The operating expenses for Civil Ward Security shall be guaranteed from the following sources:

a) Local budget in accordance with the State Budget Law;

b) Local public security fund;

c) Supported by organizations and individuals.

2. The Ministry of Finance shall take the lead in coordinating with the Ministry of Public Security to guide the management and use of funds to ensure the operation of Civil Ward Security.

Chapter IV
REWARD, DISCIPLINE AND COMPLAINTS, REPORTS

Article 14. Awards

1. Organizations and individuals who have achievements in building Civil Ward Security forces shall be rewarded in accordance with the provisions of the State.

2. Civil Ward Security personnel who achieve outstanding results in their work shall be considered for rewards in accordance with the regulations applicable to Village Police.

Article 15. Discipline

Civil Ward Security personnel who abuse their positions and powers to violate the law or seek personal benefits, causing negative impacts on security and order, and the reputation of the organization, shall be subject to administrative penalties or criminal responsibility depending on the nature and severity of the violation; if damage is caused, they must compensate the victim in accordance with the law.

Article 16. Complaints and Reports

1. All organizations and individuals have the right to file complaints with competent state agencies regarding the actions of the Head, Deputy Heads, Members, and members of Civil Ward Security while performing their duties.

2. All organizations and individuals have the right and obligation to report Civil Ward Security personnel who abuse their positions and powers while performing their duties, violating the law or seeking personal benefits, causing negative impacts on security and order at the grassroots level.

Complaints and reports by organizations and individuals against Civil Ward Security shall be carried out in accordance with the provisions of the law on complaints and reports.

Chapter V
IMPLEMENTING PROVISIONS

Article 17. Responsibilities of the Ministry of Public Security

The Ministry of Public Security has the responsibility to assist the Government in directing, guiding, and inspecting the construction of Civil Ward Security forces and their activities; specifying training programs and content on security and order work and laws; equipping Civil Ward Security in accordance with the provisions of the law.

Annually, public security agencies at all levels shall be responsible for advising and proposing the People's Committee at the same level to hold meetings to review and summarize competitions on Civil Ward Security work to draw lessons, promote exemplary models, and encourage and reward individuals and units that perform well in the movement to protect national security.

Article 18. Responsibilities of the Ministry of Labor - Invalids and Social Affairs

The Ministry of Labor, Invalids and Social Affairs shall be responsible for taking the lead and coordinating with the Ministry of Public Security and relevant ministries and sectors to guide the implementation of policies and benefits for Civil Ward Security when they are injured or killed while on duty.

Article 19. Responsibilities of People's Committees at various levels

The Chairman of the People's Committee of provinces and centrally-administered cities shall specify the specific monthly allowances for Civil Ward Security positions, travel, food, and accommodation allowances when Civil Ward Security personnel are trained in law and professional skills.

People's Committees at all levels shall direct and manage the organization and activities of Civil Ward Security within their authority and under the guidance and supervision of higher-level public security agencies; allocate working locations; ensure operating expenses; equip them with equipment, uniforms, and implement policies and benefits for Civil Ward Security in accordance with the law.

Article 20. Responsibilities of agencies, mass organizations, units, organizations, and all citizens

People's Councils at all levels, Vietnam Fatherland Front Councils at all levels; units, organizations, and all citizens have the responsibility to supervise, assist, and create conditions for the People's Ward Defense Force to fulfill its tasks.

Article 21. Effective Date

This Decree takes effect fifteen days from the date of publication in the Official Gazette. Previous regulations concerning the People's Ward Defense Force that conflict with this Decree are hereby abolished.
The Minister of Public Security shall be responsible for providing detailed guidance on the implementation of this Decree.

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.