Decree No. 42/2021/NĐ-CP provides for the establishment of regular village police stations and town police stations.

DECREE

Regulations on the establishment of regular police stations at commune and town levels

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

Pursuant to the Law on the People's Public Security dated November 20, 2018;

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 stipulating the establishment of regular police stations at commune and town levels.

PART I

GENERAL PROVISIONS

This Decree stipulates the position, decision-making authority of organizations of regular police stations at commune and town levels (hereinafter referred to as regular police stations at commune level); implementation timeline; working relationships, conditions for ensuring operations of regular police stations at commune level; responsibilities of ministries, agencies; People's Committees at all levels in establishing regular police stations at commune level.

Article 2. Applicability

This Decree applies to regular police stations at commune level; relevant agencies, organizations, and individuals involved in the establishment of regular police stations at commune level.

Regular police stations at commune level are grassroots-level public security organizations located in communes and towns within the system of the people's public security organization; they serve as the core in performing tasks to protect national security, ensure social order and safety, combat crime and violations of laws on national security and social order and safety, and build mass movements for protecting national security at the commune and town levels.

Article 4. Principles for Establishing Regular Police Stations at Commune Level

1. The establishment of regular police stations at commune level must ensure that it does not increase the staffing of the Ministry of Public Security up to 2021, with a timeline and suitability to the actual situation of localities.

2. Establish regular police stations at commune level in key areas with complex security and order issues, moving towards uniform implementation nationwide.

Article 5. Working Relationships of Regular Police Stations at Commune Level

2. The Head of the Commune Police Station is led and directed by the Party Committee and the People's Committee of the commune, and supervised by the People's Council at the same level concerning work to ensure security and order in the locality.

3. The relationship between the Commune Police Station and other agencies, organizations, and mass organizations in the locality is a cooperative relationship aimed at guiding the performance of tasks to ensure security and order.

Chapter II

AUTHORITY, TIMELINE AND CONDITIONS FOR ENSURING OPERATIONS FOR REGULAR POLICE STATIONS AT COMMUNE LEVEL

1. The Minister of Public Security decides on the organization of regular police stations at commune level.

2. The Director of the Provincial Public Security Department exchanges and reaches consensus with the Chairman of the District People's Committee before reporting to the Chairman of the Provincial People's Committee to submit to the Minister of Public Security for deciding on the organization of regular police stations at commune level; ensuring each commune and town has positions such as Chief of Police, Deputy Chief of Police, and Police Officer.

3. Complete the organization of regular police stations at commune and town levels in key and complex areas regarding security and order by June 30, 2021; the remaining communes and towns nationwide complete the organization of regular police stations at commune level by June 30, 2022.

Article 7. Workplace of Regular Commune Police

The commune police shall have an office or workplace suitable to the socio-economic conditions of each locality.

Article 8. Ensuring Financial Resources for Infrastructure and Operations of Regular Commune Police

Financial resources for infrastructure and operations of regular commune police shall be guaranteed from the state budget and utilized within the annual state budget estimates of the Ministry of Public Security and other central ministries, agencies, and localities according to current regulations on state budget decentralization. Management and utilization of financial resources from the state budget shall comply with the State Budget Law, Investment Law, and related implementing regulations. law and guiding decrees for its implementation.

Chapter III
RESPONSIBILITIES OF MINISTRIES, SECTORS AND PEOPLE'S COMMITTEES AT ALL LEVELS FOR THE CONSTRUCTION OF REGULAR COMMUNE POLICE

Article 9. Responsibilities of the Ministry of Public Security

1. Guide and inspect management, construction of forces, ensure operational conditions, and implement policies for regular commune police.

2. Equip working tools, weapons, auxiliary equipment, and facilities serving the work of regular commune police in accordance with the law.

Article 10. Responsibilities of Central Ministries and Sectors

1. The Ministry of Home Affairs shall take the lead and coordinate with relevant ministries and sectors to study and propose amendments to legal documents related to part-time commune police when organizing regular commune police.

2. The Ministry of Finance shall take the lead and coordinate with relevant ministries and sectors to ensure financial resources for the implementation of this decree in accordance with the State Budget Law.

3. Within their respective duties and powers, ministries and ministerial-level agencies shall cooperate with the Ministry of Public Security to guide localities in implementing the construction of regular commune police; review relevant regulations within their fields of management that need amendment, supplementation, or issuance of new regulations to align with the organization and activities of regular commune police.

Article 11. Responsibilities of People's Committees at All Levels

Within their respective duties and powers, people's committees at all levels shall be responsible for:

1. Formulating reasonable plans for the reassignment of part-time commune police within their authority to appoint and transfer regular police officers.

2. Resolving termination benefits for part-time commune police when regular police officers replace them.

3. Ensuring offices or workplaces; supporting the budget for investment in building, repairing offices or workplaces, living quarters, equipment, means of transportation, and other conditions necessary for the operation of commune police forces.

Chapter IV
IMPLEMENTING PROVISIONS

Article 12. Transitional Provisions

1. For communes and towns where regular police have been organized, part-time commune police who continue to be employed by people's committees at all levels to participate in maintaining security and public order at the grassroots level shall enjoy benefits and policies as stipulated by the Commune Police Ordinance until a new legal document is issued.

2. Provincial People's Committees shall submit to the same-level People's Councils decisions regarding the number and level of allowances for part-time commune police who continue to be employed to maintain security and public order at the grassroots level from the state budget; decide on support payments for termination benefits for part-time commune police who conclude their tasks without being reassigned or continue to participate in maintaining security and public order at the grassroots level in accordance with current regulations, consistent with the local budget capacity; in cases where the locality cannot allocate budget funds, the central government will supplement the budget for the locality to implement according to the State Budget Law.

Article 13. Effective Date

This Decree takes effect from May 16, 2021.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. People's Councils, Vietnam Fatherland Front Committees at all levels, relevant agencies, organizations, and citizens shall supervise, assist, and create favorable conditions for regular commune police forces to fulfill their tasks effectively.

2. The Ministry of Public Security shall be responsible for assisting the Government in directing, guiding, and inspecting the construction and operation of regular commune police forces.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, related agencies and organizations, Chairmen of provincial and centrally-administered city People's Committees shall be responsible for implementing this Decree.