Decree No. 40/1999/NĐ-CP on Village Police

DECREE OF THE GOVERNMENT

Regarding Rural Police

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THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the guidance opinion of the Political Bureau in Notification No. 195/TB-TW dated January 25, 1999;

To enhance the effectiveness of rural police activities, contributing to maintaining public security and social order at the grassroots level;

At the proposal of the Minister of Public Security,

DECREE DECIDE:

PART I

GENERAL PROVISIONS

Article 1. Rural police and town police in places where regular police forces are not deployed (hereinafter referred to collectively as rural police) are part-time specialized armed forces that are important tools of the Party and State at the commune and town levels (hereinafter referred to collectively as commune) for ensuring public security and social order at the grassroots level, subject to direct and comprehensive leadership of the Party's local committee, management and direction of the People's Committee at the commune level, and guidance from higher-level police authorities.

Article 2.Rural police have the responsibility to advise the Party's local committee and the People's Committee at the commune level on activities to ensure public security and social order; serve as the core in building mass movements for national security protection; implement preventive measures and combat criminal activities and other violations of laws concerning public security and social order according to legal provisions to protect the Party, protect the government, protect the interests of the State, and the lawful rights and interests of citizens within the commune.

Article 3. Rural police operate in accordance with this Decree and other legal regulations. Strictly prohibited are all actions exploiting the name of rural police to commit illegal acts and infringe upon the lawful rights and interests of citizens.

Article 4Ministries, ministerial-level agencies, governmental agencies, People's Committees at all levels, people's armed forces units, and all citizens have the responsibility to participate in building and assisting the rural police force in fulfilling their tasks.

Chapter II

TASKS, POWERS, ORGANIZATION AND EQUIPMENT OF RURAL POLICE

Article 5Rural police have the following tasks:

1.Understand thoroughly the situation regarding public security and social order within the commune, propose to the Party's local committee, the People's Committee at the commune level, and higher-level police authorities on policies, plans, and measures to ensure public security and social order, and organize the implementation of these policies, plans, and measures;

2.Be the core in building mass movements for national security protection, coordinate with relevant agencies and organizations to promote and disseminate laws to raise public vigilance awareness; guide mass organizations in conducting work to ensure public security and social order within the commune;

3.Implement investigative measures to prevent and combat criminal activities and social evils within the commune according to legal provisions and operational guidance from higher-level police authorities;

4.Implement regulations on fire prevention and control, maintaining public order and traffic safety, managing firearms, explosives, flammable materials, household registration; inspect compliance with public security and social order regulations within the commune according to delegated authority;

5.Prepare files for individuals who violate the law and require administrative handling measures, submit them to the Chairman of the People's Committee at the commune level for review and decision. Organize the implementation of management and education measures for such individuals within the commune according to legal provisions;

6.Organize the protection of crime scenes, rescue victims; apprehend criminals caught in the act, organize the arrest of wanted persons and those under administrative warrant currently hiding within the commune; receive and escort arrested persons to higher-level police authorities;

7.Build a truly clean and strong rural police force politically, ideologically, organizationally, and operationally. Promote patriotic competition movements according to standards and guidance from higher-level police authorities;

8.Perform other tasks related to public security and social order assigned by the Party's local committee, the People's Committee at the commune level, and higher-level police authorities.

Article 6Rural police have the following powers:

1.Supervise and urge agencies, political-social organizations, social organizations, economic organizations located within the commune, and citizens within the commune to comply with legal provisions and resolutions of the People's Council and decisions of the People's Committee regarding public security and social order; report to competent authorities for consideration and handling of violations of the law;

2.During patrols and guard duties, check identification papers, goods, and means of transportation of individuals suspected of committing crimes or administrative violations within the commune according to legal provisions;

3.Implement administrative management measures and decisions on administrative violations concerning public security and social order according to legal provisions and guidance from higher-level police authorities;

4.In cases of pursuing criminals caught in the act, those with arrest warrants, or rescuing victims, they may mobilize people and means of transportation of citizens within the commune and must immediately return the means of transportation when the situation no longer exists, then promptly report to the Chairman of the People's Committee at the commune level and bear responsibility for their decisions. In cases where the mobilized means of transportation are damaged, the owner is entitled to compensation according to legal provisions.

Article 7. The Head of Rural Police is responsible to the People's Committee at the commune level and higher-level police authorities for all activities of the rural police.

The Deputy Head of Rural Police assists the Head of Rural Police, performs tasks assigned by the Head of Rural Police, and represents the Head of Rural Police when authorized.

Article 8. Police officers are responsible for implementing policies, measures, and plans to ensure public security and social order in their respective areas and perform other tasks related to public security and social order as assigned by the Head of Rural Police.

Article 9.

1.The organization of rural police includes: Head of Rural Police, Deputy Head of Rural Police, and police officers.

Police officers are deployed by village, hamlet, ward, or commune.

Based on the characteristics and requirements of ensuring public security and social order in the locality, the Director of the Provincial Police Department reports to the Chairman of the People's Committee at the same level for consideration and decision on the deployment of rural police forces to be appropriate.

2.Rural police are allowed to use their own seals.

Article 10.

1. Vietnamese citizens aged eighteen years or older, with clear and clean records, loyal to the Communist Party of Vietnam and the Socialist Republic of Vietnam, possessing good political qualities and morals, having good health, meeting the necessary educational requirements, having certain knowledge and understanding of the law, and being trusted by the people may be selected to participate in the communal police force.

2. The Chief of Communal Police shall be approved by the Chairman of the People's Committee at the district level.

3. The Deputy Chief of Communal Police shall be decided by the Chairman of the Communal People's Committee after reaching consensus with the Chief of Communal Police at the district level.

4. The Police Officer shall be recognized upon proposal by the Chief of Communal Police and decision by the Chairman of the Communal People's Committee.

5. The Chief of Communal Police, the Deputy Chief of Communal Police, and the Police Officer must undergo training and development in accordance with the regulations set forth by the Ministry of Public Security regarding law, expertise, and professional duties.

Article 11.

6. 1. The Communal Police shall be equipped and utilize weapons and auxiliary tools in accordance with the provisions of the law and guidance from higher-level public security agencies.

7. 2. The Chief of Communal Police, the Deputy Chief of Communal Police, and the Police Officer shall be issued certificates, insignias, and other necessary means to serve their work.

Chapter III

REGIME, POLICY, AND FUNDS TO ENSURE THE ACTIVITIES OF COMMUNAL POLICE

Article 12. Monthly allowances for the Chief of Communal Police, the Deputy Chief of Communal Police, and the Police Officer are stipulated as follows:

1. The Chief of Communal Police shall receive monthly allowances as prescribed in Clause 3, Article 3 of Decree No. 09/1998/NĐ-CP dated January 23, 1998, of the Government on living expenses for communal, ward, and town cadres.

2. One Deputy Chief of Communal Police shall receive monthly allowances equivalent to the levels of other positions under the Communal People's Committee as prescribed in Clause 5, Article 3 of Decree No. 09/1998/NĐ-CP dated January 23, 1998, of the Government.

3. The Police Officer shall receive a minimum monthly allowance equal to one-third (1/3) of the monthly allowance of the Chief of Communal Police.

4. Based on specific conditions and budget balance of each locality, the Chairman of the Provincial People's Committee directly under the Central Government shall submit to the People's Council at the same level for determination of the monthly allowance for the Police Officer from the local budget.

Article 13.

1. During concentrated training periods for legal knowledge, expertise, and professional duties, the Communal Police shall enjoy allowances as prescribed by law; when on duty, they shall be reimbursed travel expenses like communal-level cadres.

2. In cases where the Chief of Communal Police, the Deputy Chief of Communal Police, and the Police Officer are martyred while performing tasks to combat crime or bravely undertaking urgent tasks serving national defense and security, rescuing people and state property, or if they are injured and lose more than twenty-one percent (21%) of their working capacity, they shall be recognized as martyrs or entitled to benefits as war invalids according to current regulations. When hospitalized due to injury, they shall be reimbursed medical treatment costs from the local budget.

3. Upon retirement, the Chief of Communal Police and the Deputy Chief of Communal Police shall enjoy benefits as prescribed in Clause a, b, Article 4 of Decree No. 09/1998/NĐ-CP dated January 23, 1998, of the Government.

Article 14. 1. Funding for the activities of the Communal Police shall be guaranteed from the following sources:

1. State budget allocated for security work.

2. Local security and order funds.

3. Administrative management funding of the Communal People's Committee.

Chapter IV

REWARD AND VIOLATION HANDLING

Article 15. 2. Organizations and individuals who have achievements in building the Communal Police force shall be rewarded according to the general regulations of the State.

Article 16. 3. The Chief of Communal Police, the Deputy Chief of Communal Police, and the Police Officer who achieve outstanding results in their work and combat shall be considered for rewards according to the general regulations of the State and guidelines of the Ministry of Public Security.

Article 17. Anyone impersonating a Communal Police officer or obstructing, opposing the Communal Police while performing their duties shall be subject to administrative violations or criminal prosecution depending on the nature and severity of the violation as prescribed by law.

Article 18.Anyone misusing their position or authority to mobilize or use the Communal Police for illegal purposes shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation as prescribed by law.

Article 19. The Chief of Communal Police, the Deputy Chief of Communal Police, and the Police Officer who misuse their positions or authority to infringe upon citizens' democratic freedoms or commit other violations of the law shall be subject to disciplinary action, administrative penalties, or criminal prosecution, and shall be required to compensate victims for losses caused, as prescribed by law.

Chapter V

IMPLEMENTING PROVISIONS

Article 20. The Ministry of Public Security shall direct, guide, and inspect the construction of the Communal Police force at all levels; prescribe programs, contents for professional training and legal education, models of certificates and insignias, quantities and types of weapons and auxiliary tools for the Communal Police; ensure funding for professional training and legal education, and equip weapons and auxiliary tools for the Communal Police.

Article 21.At all levels, the People's Committees shall manage, direct the organization and activities of the Communal Police within their jurisdiction and according to the directives of higher-level public security agencies; allocate office space or working locations for the Communal Police; provide funding to ensure the activities of the Communal Police and implement the regulations and policies for the Communal Police as prescribed in this Decree and other laws.

Article 22. This Decree shall take effect fifteen days after its signing. Previous regulations concerning the Communal Police that conflict with this Decree shall be abolished.

The Ministry of Public Security shall guide the implementation of this Decree.

Article 23.The Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, and Chairmen of Provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.