Decree No. 40/2024/NĐ-CP detailing certain provisions of the Law on Forces Participating in Base Security and Public Order Protection

DECREE

Detailed regulations on certain provisions of the Law on Forces Participating in Base Security and Public Order Protection

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Decree No. 98/2023/NĐ-CP dated November 31, 2023 of the Government detailing certain provisions of the Law on Competition and Reward

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates this Decree to provide detailed regulations on certain provisions of the Law on Forces Participating in Base Security and Public Order Protection.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates uniforms, insignia, badges, signs, certificates, equipment, and devices for the forces participating in base security and public order protection to perform their tasks; and policies and benefits for individuals participating in these forces who have not joined health insurance or social insurance and suffer from illness, injury, death, or disability while performing their duties.

Article 2. Applicability

This Decree applies to forces participating in base security and public order protection; agencies, organizations, and individuals related to policies, benefits, and conditions for ensuring the operation of forces participating in base security and public order protection.

Chapter II

EQUIPMENT, REGIME, AND POLICIES FOR FORCES PARTICIPATING IN BASE SECURITY AND PUBLIC ORDER PROTECTION

Article 3. Uniforms, insignia, badges, signs, and certificates of forces participating in base security and public order protection

1. Uniforms of forces participating in base security and public order protection:

a) The uniform model for forces participating in base security and public order protection as specified in Appendix I attached to this Decree includes: Spring and summer uniforms (spring and summer shirts and pants); autumn and winter uniforms (fur hat with insignia, autumn and winter shirts, warm jackets, long-sleeved shirts, vests); soft hat with insignia; hard hat with insignia; helmet; belt; leather shoes; plastic sandals; socks; raincoat; Autumn and winter uniforms are provided to forces participating in base security and public order protection in areas north of Thua Thien Hue and the Central Highlands provinces. Other areas will provide autumn and winter uniforms based on need. In cases where autumn and winter uniforms are not provided, they will be replaced with one set of spring and summer shirts (one set per year) and one long-sleeved spring and summer shirt (one shirt every two years).

b) List and initial supply standards: Serial number Item Unit Standard

c) List, supply standards, and replacement periods for subsequent years: Serial number Item Unit Standard Replacement period (years)

d) Based on the situation, requirements for ensuring security and public order, and economic and social conditions of each locality, the People's Committee of the province shall submit to the Provincial People's Council for decision to ensure higher uniform standards for forces participating in base security and public order protection than those prescribed in this Decree or to provide additional types of uniforms directly serving the performance of their duties by these forces;

e) Cloth for making spring and summer shirts, long-sleeved spring and summer shirts, autumn and winter shirts, warm jackets, vests, soft hats, hard hats, and fur hats uses Gabardin fabric in khaki brown color as the main material; blend ratio 65% Polyester, 35% Viscose; cross weave 2/1.

Cloth for making long-sleeved shirts uses Poplin fabric in khaki yellow color; blend ratio 65% Polyester, 35% Viscose; point weave. Cloth for making raincoats uses PVC-coated Vinylon fabric in khaki color.

2. Insignia, badges, signs, and certificates of forces participating in base security and public order protection:

a) Models of insignia, badges, signs, and certificates for forces participating in base security and public order protection as specified in Appendix II attached to this Decree;

b) Each member of the Security and Public Order Protection Team is initially issued one sign and one certificate with a validity period of five years from the date of issuance. The Chairman of the People's Committee of the commune has the authority to issue, replace, reissue, and revoke signs and certificates for forces participating in base security and public order protection.

Article 4. Equipping means and equipment for forces participating in security and public order protection at grassroots level

1. List, standards, service life of equipping: STT List of means and equipment Unit of measurement Security and public order protection team Quantity to be equipped Service life (years)

In addition to the list of means and equipment prescribed in this Decree, based on the characteristics of the area and requirements for ensuring security and public order, additional necessary means and equipment may be equipped directly to serve the performance of tasks of forces participating in security and public order protection at grassroots level.

a) In cases where the Ministry of Public Security equips means and equipment for forces participating in security and public order protection at grassroots level funded by the central budget in accordance with Clause 1, Article 25 of the Law on Forces Participating in Security and Public Order Protection at Grassroots Level: Annually, the police station at the commune level shall compile the needs for means and equipment to be equipped for forces participating in security and public order protection at grassroots level and submit them to the police station at the district level for reporting to the provincial-level police station to aggregate, prepare the budget estimate and report to the Ministry of Public Security for consideration and decision on procurement and equipping in accordance with the state budget allocated to the Ministry of Public Security;

b) In cases where local budgets support funds for purchasing and equipping means and equipment for forces participating in security and public order protection at grassroots level in accordance with point a, Clause 1, Article 26 of the Law on Forces Participating in Security and Public Order Protection at Grassroots Level: Based on the list of means and equipment prescribed in Clause 1 of this Article, the police station at the commune level shall compile the needs for means and equipment to be equipped and submit them to the People's Committee at the same level for reporting to the district-level People's Committee to aggregate and report to the provincial-level People's Committee to have a plan to support procurement and equipping of means and equipment for forces participating in security and public order protection at grassroots level in accordance with regulations, in line with the financial capacity of the locality.

3. The People's Committee at the commune level shall organize the management of means and equipment that are equipped in accordance with the laws on managing and using state assets and decide the type and quantity of means and equipment to be equipped for each member to use and for the security and public order protection team to use in common upon the proposal of the police station at the commune level.

Article 5. Conditions, levels of support, procedures, formalities and responsibility for ensuring funds to pay benefits and policies for persons participating in forces participating in security and public order protection at grassroots level who have not joined health insurance and suffer from illness, accidents, or injuries while performing their duties

1. Conditions for enjoying benefits and policies as stipulated in Clause 2, Article 24 of the Law on Forces Participating in Security and Public Order Protection at Grassroots Level: Persons participating in forces participating in security and public order protection at grassroots level during the time performing tasks assigned by competent authorities or when mobilized to perform tasks, if they fall ill, suffer accidents, or get injured, will be supported to cover medical examination and treatment costs at medical facilities in accordance with regulations.

2. Persons participating in forces participating in security and public order protection at grassroots level will not be entitled to medical examination and treatment costs if they fall ill, suffer accidents, or get injured under any of the following circumstances:

a) Not falling within the provisions of Clause 1 of this Article;

b) Intentionally damaging their own health;

c) Accidents caused by personal conflicts with the person causing the accident and unrelated to the performance of duties;

d) Accidents caused by consuming alcohol, drugs, psychotropic substances, precursor chemicals, or other addictive substances as prescribed by law.

3. Level of support: Persons participating in forces participating in security and public order protection at grassroots level will be supported to cover medical examination and treatment costs and daily meal expenses during inpatient treatment until recovery and discharge from hospital at a level decided by the Provincial People's Council.

4. Documents:

a) Application for reimbursement of medical examination and treatment costs of persons receiving support due to illness, accidents, or injuries or their legal representatives (Form No. 01 Appendix III attached to this Decree);

b) Copy of payment receipt, discharge certificate. When state management agencies complete data connection and sharing, the authority responsible for handling the procedure must extract online to process without requiring the applicant to provide paper documents.

a) The applicant for support due to illness, accidents, or injuries or their legal representatives shall prepare one set of documents as prescribed in Clause 4 of this Article and submit to the People's Committee at the commune level or the People's Committee at the district level through one of the following methods: Direct submission; via postal services; hiring services from enterprises or individuals; submitting online at the National Public Service Portal or the Provincial Administrative Procedure Information System;

b) The People's Committee at the commune level or the People's Committee at the district level shall be responsible for organizing the acceptance and checking of documents. If the documents are incomplete, they must immediately guide to complete. Within two working days from the date of receiving complete and valid documents, the agency that received the documents shall transfer them to the Department of Labor, Invalids and Social Affairs at the district level for verification;

c) The Department of Labor, Invalids and Social Affairs at the district level shall be responsible for verifying the documents within five working days from the date of receiving complete and valid documents. If the documents do not meet the conditions for processing, the verifying agency must issue a written response stating the reasons.

d) Within two working days from the date the People's Committee Labor, Invalids, and Social Affairs Office of the district reports that the file meets the conditions for resolution, the Chairman of the People's Committee of the district shall issue a decision to pay the medical examination and treatment expenses for persons who are sick, injured, or have had accidents.

đ) Within three working days from the date the Chairman of the People's Committee of the district issues the payment decision, the People's Committee of the commune has the responsibility to implement the payment of medical examination and treatment expenses for persons who are sick, injured, or have had accidents; where there is no administrative unit at the commune level, the County Police shall carry out the payment; the payment shall be made through bank transfer or postal service or directly received at the payment agency.

6. The funds to implement the payment of benefits and policies stipulated in this Article shall be guaranteed by the local budget.

Article 6. Conditions, levels of entitlement, procedures, formalities, and responsibilities for ensuring funds to pay benefits and policies for individuals participating in forces protecting security and public order at the grassroots level who have not joined social insurance and have been involved in accidents or died while performing their duties.

1. Conditions for receiving benefits and policies as prescribed in Clause 3, Article 24 of the Law on Forces Participating in Grassroots Security and Public Order Protection in the following cases:

a) During the time performing tasks assigned by the competent authority or when mobilized or called upon to perform tasks;

b) Within the period and route from the place of residence to the place of performing tasks.

2. Cases prescribed in Clause 2, Article 5 of this Decree that suffer accidents or die shall not be entitled to benefit allowances.

3. Levels of entitlement:

a) In case of accident: During the treatment period, the person is entitled to medical examination and treatment costs and daily subsistence allowance, including cases where the wound recurs until recovery and discharge from the hospital, at the level decided by the Provincial People's Council;

b) In case of death due to an accident: The dependents are entitled to pension allowance and funeral expenses at the level decided by the Provincial People's Council.

4. Documents:

a) The application file for accident allowance includes: Application form for accident allowance (Form No. 02 Appendix III attached to this Decree) accompanied by discharge papers or copies of medical records after treating the accident for inpatient cases or a copy of the injury certificate issued by the medical facility that provided emergency care and treatment; appraisal report on the degree of work capacity reduction by the provincial medical appraisal board and equivalent boards; in case of traffic accident, it also includes the report of the police agency;

b) The application file for pension and funeral expense allowance includes: Application form for pension and funeral expense allowance (Form No. 02 Appendix III attached to this Decree) accompanied by discharge papers or copies of medical records after treating the accident for inpatient cases, a copy of the death certificate or extract of death registration; in case of death due to a traffic accident, it also includes the report of the police agency. When state management agencies complete data connection and sharing as specified in this clause, the competent authority must access online to process without requiring the applicant to provide paper files.

a) The applicant or their authorized representative prepares one set of files according to Clause 4 of this Article and submits them to the People's Committee of the commune or the People's Committee of the district in accordance with one of the forms prescribed in point a, Clause 5, Article 5 of this Decree;

b) The People's Committee of the commune, the People's Committee of the district, and the People's Committee Labor, Invalids, and Social Affairs Office of the district shall implement the procedures prescribed in points b, c, and d, Clause 5, Article 5 of this Decree to pay allowances to accident victims and dependents of deceased persons;

c) Within three working days from the date the Chairman of the People's Committee of the district issues the allowance payment decision, the People's Committee of the commune has the responsibility to implement the payment of allowances to accident victims and dependents of deceased persons; where there is no administrative unit at the commune level, the County Police shall carry out the payment; the payment shall be made through bank transfer or postal service or directly received at the payment agency.

6. The funds to implement the payment of benefits and policies stipulated in this Article shall be guaranteed by the local budget.

Chapter III

IMPLEMENTING PROVISIONS

Article 7. Effective Date

1. This Decree takes effect from July 1, 2024.

2. The following documents shall cease to be effective from the date this Decree takes effect:

a) Decree No. 38/2006/NĐ-CP dated April 17, 2006 of the Government on Neighborhood Watch Protection;

b) Decree No. 73/2009/NĐ-CP dated September 7, 2009 of the Government detailing the implementation of certain provisions of the Ordinance on Village Police.

Article 8. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of Provincial People's Committees, and relevant agencies and organizations are responsible for implementing this Decree./.