Decree No. 43/2007/ND-CP provides detailed regulations and guidance on implementing certain provisions of the Law on People's Police.

DECREE

Regulations for Detailed Implementation and Guidance on Certain Provisions of the People's Police Law

These regulations provide detailed implementation and guidance on certain provisions of the People's Police Law concerning the selection of citizens into the People's Police; the age limit for service of People's Police officers; the temporary assignment of People's Police officers; the application of police operational measures; policies for agencies, organizations, and individuals participating, cooperating, collaborating, and assisting the People's Police; policies for People's Police officers retiring, transferring to other sectors, or ceasing service; and rewards for the People's Police and agencies, organizations, and individuals participating, cooperating, collaborating, and assisting the People's Police.

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THE GOVERNMENT

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

Pursuant to the Public Security Law dated November 29, 2005;

Considering the proposal of the Minister of Public Security,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of application

Agencies, organizations, and individuals in Vietnam and foreign organizations and individuals residing and operating within the territory of the Socialist Republic of Vietnam must comply with these regulations and related legal provisions. In cases where international treaties to which the Socialist Republic of Vietnam is a party contain different provisions, such treaties shall be applied.

Article 2. Applicability

Objectives and Principles for Selecting Citizens into the People's Police

Chapter II

RECRUITMENT OF CITIZENS INTO THE PEOPLE'S PUBLIC SECURITY

Article 3. 1. The selection of citizens into the People's Police aims to supplement, strengthen, and improve the quality of the cadre force, meeting the work and combat requirements of the People's Police during each period. Priority is given to supplementing the direct combat forces.

2. The selection of citizens into the People's Police must ensure compliance with procedures, targets, quotas, standards, and conditions determined by competent authorities.

3. The process of selecting citizens into the People's Police must ensure the proper implementation of democratic regulations in recruitment and hiring work and in building the People's Police force.

4. Annually, based on security and public order requirements, the Minister of Public Security, in coordination with the Minister of Home Affairs, shall submit to the Prime Minister for approval the total establishment of the People's Police. Based on the approved establishment, the Minister of Public Security shall allocate quotas and provide specific guidelines on the procedures and formalities for selecting citizens into the People's Police.

Standards and Conditions for Selecting Citizens into the People's Police

Article 4. Citizens of the Socialist Republic of Vietnam may be selected into the People's Police if they meet the following standards and conditions:

1. Loyalty to the Socialist Republic of Vietnam; clear personal and family history; exemplary adherence to the policies of the Communist Party of Vietnam and laws of the Socialist Republic of Vietnam; good moral character; health, educational qualifications, and aptitudes suitable for police work; a willingness to serve in the People's Police force.

2. The Minister of Public Security shall specify in detail the target groups, standards, and conditions for selecting citizens into the People's Police for each force, region, and specific period.

Prioritizing the Selection of Students and Trainees into the People's Police

Article 5. 1. The People's Police may prioritize the selection of outstanding graduates from academies, universities, colleges, vocational secondary schools, vocational colleges, and secondary vocational schools who meet the criteria for training and supplementation into the People's Police.

2. The Ministry of Public Security, in coordination with the Ministry of Education and Training, the Ministry of Labor, Invalids, and Social Affairs, and relevant agencies, shall specify the procedures for selecting outstanding students and trainees into the People's Police. Educational institutions shall cooperate and create conditions for the Ministry of Public Security to select outstanding students and trainees according to requirements.

3. The selection of officers and non-commissioned officers trained in appropriate specialties at military schools into the People's Police shall be regulated by the Minister of Public Security and the Minister of Defense.

Selecting and Training Citizens from Mountainous Areas, Highlands, Remote Areas, Border Regions, and Islands into the People's Police

Article 6. 1. To ensure security and public order in key areas, the Ministry of Public Security may annually prioritize the selection of ethnic minority citizens or other citizens who have continuously resided for ten years or more in mountainous areas, highlands, remote areas, border regions, and islands into the People's Police.

2. The Ministry of Public Security shall develop plans for selection, publicly announce quotas, standards, and conditions for selection, and implement training and education programs in accordance with the requirements of the People's Police work; coordinate with relevant ministries and sectors to establish and implement policies for the subjects specified in Clause 1 of this Article.

Selecting and Sending Students, Trainees, and People's Police Cadres to Study at Non-People's Police Educational Institutions

Article 7. 1. The Ministry of Public Security may send students, trainees, and People's Police cadres to non-People's Police educational institutions for appropriate vocational training to serve police tasks.

2. The Ministry of Public Security, in coordination with the Ministry of Education and Training and relevant agencies, shall specify the procedures for sending students, trainees, and People's Police cadres to study at non-People's Police educational institutions.

Age Limit for Service and Conditions for Extending Service Period of People's Police Officers

Chapter III

AGE LIMIT FOR SERVICE OF PUBLIC SECURITY OFFICERS

Article 8. 1. The highest age limit for People's Police officers is specified as follows:

Commissioned Officer: male 50, female 50;

Lieutenant Colonel, Major: male 55, female 53;

Senior Colonel: male 58, female 55;

Colonel, General: male 60, female 55.

2. People's Police officers may be considered for extended service periods if they meet the following conditions:

a) The unit directly using the officer or another unit in the People's Police genuinely has a need.

b) The People's Police officer has good qualities, good health, voluntary service, and meets one of the following professional conditions:

- Research staff in the People's Police holding titles of professor, associate professor; doctoral degree; titles of People's Teacher, Outstanding Teacher, People's Doctor, Outstanding Doctor, People's Artist, Outstanding Artist;

- Staff in the People's Police participating in national scientific programs or projects; experts in various fields of People's Police work.

Duration and Authority for Extending Service Period in the People's Police

- Special cases shall be decided by the Prime Minister.

Article 9. Period, Authority to Extend Service Age in the People's Police

1. A People's Police officer who meets the conditions specified in Article 8 may be extended their service age one or more times, each extension not exceeding two years but the maximum total extension period shall not exceed five years.

2. In cases where extending the service age of a People's Police officer with a rank from Lieutenant General or a position from Deputy Director-General upwards is considered, it shall be proposed by the Minister of Public Security to the competent authority for decision.

3. In cases where extending the service age of a People's Police officer with a rank from Senior Colonel or a position from Deputy Director-General downwards is considered, it shall be decided by the Minister of Public Security.

Article 10. Regulations and policies for officers whose service age is extended

1. A People's Police officer whose service age is extended shall cease holding management or command positions.

2. In special cases, for officers holding positions appointed for a fixed term and whose service age is extended, if approved by the competent authority, they may continue to hold management or command positions until the end of the appointment term.

3. Officers whose service age is extended shall enjoy salaries and other benefits as stipulated in current regulations.

Article 11. Early retirement for People's Police officers before reaching the service age

1. A People's Police officer who has reached the service age specified in Clause 1, Article 8 of this Decree and has fulfilled the required years of social insurance contributions as prescribed shall be eligible for early retirement by the competent authority.

2. A People's Police officer who has worked in the People's Police for at least twenty-five years for males and twenty years for females, if in poor health, limited capacity, due to work requirements, or voluntarily requests, may retire early.

3. The Minister of Public Security shall specify the detailed provisions regarding early retirement for People's Police officers.

Chapter IV

DETACHMENT OF PEOPLE'S POLICE OFFICERS

AND AUTHORITY TO APPLY OPERATIONAL MEASURES IN THE PEOPLE'S POLICE

DEPARTMENT OF THE PEOPLE'S POLICE

Article 12. Detachment of People's Police officers

1. Detachment of People's Police officers includes:

a) Detachment of People's Police officers to perform national security protection tasks, maintain public order and safety, and intelligence activities as prescribed by Law;

b) Detachment of People's Police officers to work in Party and State agencies.

2. The Minister of Public Security shall specify in detail the criteria, conditions, procedures, and formalities for detaching People's Police officers to work in Party and State agencies.

Article 13. Regulations and policies for detached People's Police officers

1. People's Police officers detached according to point a, Clause 1, Article 12 of this Decree shall enjoy all regulations and policies stipulated in relevant decrees;

2. People's Police officers detached to work in Party and State agencies according to point b, Clause 1, Article 12 of this Decree shall enjoy the following regulations and policies:

a) When selected or transferred to work in agencies outside the People's Police, based on organizational requirements, character, qualifications, and capabilities, officers may be considered and appointed to suitable positions in those agencies. If they perform well during their tenure outside the People's Police, they may be considered for inclusion in planning and transferred back to be appointed to management or command positions within the People's Police;

b) People's Police officers selected to work in agencies outside the People's Police who fail to complete their tasks shall be relieved of their positions and transferred back to the Ministry of Public Security for appropriate reassignment;

c) People's Police officers currently working in agencies outside the People's Police shall enjoy social insurance benefits as prescribed by law and other regulations and policies applicable to People's Police officers;

d) In cases where they are required to return to serve in the People's Police, the detachment period shall be counted towards continuous service time for consideration in promotion of rank and length of service;

đ) People's Police officers currently working in agencies outside the People's Police upon reaching retirement age shall be transferred back to the Ministry of Public Security to implement retirement policies as prescribed.

Article 14. Authority to apply operational measures in the People's Police

1. Agencies and specialized staff responsible for national security protection in the People's Police may apply operational measures as prescribed by the Law on Public Security Organs, the Law on National Security, and other related laws.

2. Units specializing in crime prevention and suppression under the People's Police Force may apply operational measures as prescribed by the Law on Public Security Organs, the Law on Prevention and Control of Narcotics, and other related laws.

Chapter V

REGULATIONS AND POLICIES ON REWARDS

Article 15. Protection and confidentiality for agencies, organizations, and individuals cooperating, participating, collaborating, and assisting the People's Police

1. The State shall protect and keep confidential information for agencies, organizations, and individuals cooperating, participating, collaborating, and assisting the People's Police in protecting national security and maintaining public order and safety.

2. The Minister of Public Security shall issue regulations on protection and confidentiality for the subjects specified in Clause 1 of this Article.

Article 16. Regulations and policies for agencies, organizations, and individuals participating, cooperating, and assisting the People's Police

Agencies, organizations, and individuals participating, cooperating, and assisting the People's Police in protecting national security and maintaining public order and safety, if suffering damage to reputation, shall have it restored, if suffering property loss, shall be compensated, and if suffering injury, health impairment, or loss of life, themselves and their families shall enjoy benefits and policies as prescribed by law.

Article 17. Regulations and policies for retired People's Police officers

1. The conditions for retirement of officers are specified as follows:

a) People's Police officers retiring to receive pension benefits according to the current law on social insurance;

b) People's Police officers retiring to receive monthly pension benefits when they reach the service age limit as prescribed in Clause 1 and Clause 2, Article 28 of the Law on Public Security Organs and have contributed at least twenty years to social insurance;

c) People's Police officers retiring to receive monthly pension benefits as prescribed in Clause 3, Article 28 of the Law on Public Security Organs when meeting the following conditions:

- Male officers having served at least twenty-five years and female officers having served at least twenty years in the People's Police, if in poor health and limited capacity.

The time of service in the People's Public Security includes the time as officers, non-commissioned officers, soldiers, students (studying at public security schools or studying outside public security schools), workers, civil servants of the People's Public Security, among which there must be at least five years counted towards seniority. The time of service in the People's Public Security is calculated according to the Gregorian calendar year (without conversion according to coefficient), if there is intermittent time, it will be accumulated.

- Organs and units of the People's Public Security no longer have a need for job placement or officers voluntarily choose to leave their positions.

2. The method of calculating the monthly pension of officers shall be carried out in accordance with the current laws on social insurance.

Article 18. Regulations and policies for officers and non-commissioned officers of the People's Public Security transferring to other sectors

1. Officers and non-commissioned officers who transfer to work in state agencies, political organizations, and political-social organizations receiving salaries from the state budget, state companies shall enjoy the following benefits:

a) Priority in job placement suitable to their specialized field, technical skills, and professional duties; training and further education in necessary specialized and professional knowledge appropriate to the tasks they undertake;

b) Exempted from competitive examinations if they return to the original agency or transfer according to the requirements of state agencies with competent authority, and are arranged to work in accordance with their professional expertise;

c) Given priority to add points to the examination results when applying for civil servant positions. The level of priority points is specified by the Ministry of Home Affairs in coordination with the Ministry of Public Security and relevant agencies;

d) Ranked and entitled to receive salary based on new job and position from the date of the decision on sector transfer. In cases where the salary coefficient according to rank and grade is lower than the salary coefficient of the officer's or non-commissioned officer's rank at the time of transfer, the difference between the salary coefficient at the time of transfer (including any additional seniority allowance exceeding the ceiling for technical positions, if applicable) and the salary coefficient according to the new rank and grade will be retained for a minimum period of 18 months from the date of the transfer decision and paid by the new agency or unit. The continuation of retaining the salary beyond 18 months shall be decided by the head of the agency or unit with management authority over cadres, civil servants, and employees, in accordance with internal salary relationships. During the period of retaining the salary, the retained differential coefficient will decrease correspondingly when the cadre, civil servant, or employee receives a salary increase or an additional seniority allowance exceeding the ceiling in the rank or is promoted to a higher rank;

đ) In cases where they are required to be redeployed back to serve in the People's Public Security due to organizational needs, the time spent in another sector will be counted as continuous service time for consideration of promotion in rank and seniority;

e) For officers and non-commissioned officers of the People's Public Security who have transferred to another sector and retire, the calculation of the retirement pension is specifically defined as follows:

- The basic salary at the time of retirement plus the seniority allowance calculated based on the time of service in the People's Public Security, using the officer's or non-commissioned officer's salary at the time of transfer (converted according to the equivalent rank salary at the time of retirement) shall be used as the basis for calculating the retirement pension;

- If the calculated retirement pension based on the basic salary at the time of retirement plus the seniority allowance calculated based on the time of service is lower than the retirement pension calculated based on the salary at the time of transfer, then the salary at the time of transfer shall be used as the basis for calculating the retirement pension.

2. Officers and non-commissioned officers who transfer to work in enterprises or other units not receiving salaries from the state budget shall be entitled to receive a one-time severance allowance for leaving the People's Public Security in accordance with Clause 3, Article 19 of this Decree and retain the social insurance contributions for the time of service in the People's Public Security.

Article 19. Regulations and policies for officers and non-commissioned officers of the People's Public Security who cease to serve in the People's Public Security

Police officers and non-commissioned officers who cease service in the People's Public Security without meeting the conditions for retirement or sectoral transfer shall be discharged to their place of origin and shall enjoy the following benefits:

1. They shall be entitled to receive job creation allowances in accordance with state regulations; given priority to enroll in vocational training or introduced to jobs at labor service centers of ministries, sectors, mass organizations, localities, and other economic-social organizations; given priority in selection under programs for cooperation in sending people to work abroad.

2. They shall be entitled to social insurance benefits and other benefits in accordance with current laws.

3. They shall be entitled to a one-time discharge allowance: for each year of service, they shall receive one month's current salary and any allowances (if applicable).

The time for calculating the one-time discharge allowance is the total time of service in the People's Public Security (including time as officers, non-commissioned officers, soldiers, students, workers, and civil servants of the People's Public Security); time of service in central and local Party and State agencies, social organizations, and mass organizations; and time working under contracts with social insurance contributions (if applicable).

4. Officers and non-commissioned officers who are discharged to their place of origin within one year (12 months) from the effective date of the discharge decision, if they find new employment and request a sector transfer, may implement the sector transfer policy. When implementing the sector transfer policy, they must repay the allowance received in accordance with Clauses 2 and 3 of this Article.

Article 20. Conversion of time for calculating benefits when officers retire, transfer sectors, or cease serving in the People's Public Security

Officers of the People's Public Security who have served in special areas or in special jobs may have that time converted to calculate one-time allowances when retiring, transferring sectors, or ceasing to serve in the People's Public Security, similar to the provisions for officers of the People's Army as stipulated in Clauses 2 and 3 of Article 9 and Article 10 of Government Decree No. 04/2001/NĐ-CP dated January 16, 2001, detailing the implementation of certain articles of the Law on Officer System of the People's Army 1999 regarding regulations and policies for officers ceasing active service; officers transferring to professional military personnel or civil defense officials.

Article 21. Regulations and policies for officers and non-commissioned officers of the People's Public Security transferring to become workers or civil servants of the People's Public Security

1. Officers and non-commissioned officers who are transferred to become workers or civil servants of the People's Public Security shall be assigned salaries according to their new positions. In cases where the salary coefficient of the new position is lower than the salary coefficient at the time of transfer to become workers or civil servants of the People's Public Security, the difference between the salary coefficient of officers and non-commissioned officers and the new salary coefficient shall be retained until they receive a salary increase to the same level or higher.

2. Officers and non-commissioned officers who have been transferred to become workers or civil servants of the People's Public Security and are subsequently redeployed or retire shall implement the provisions stipulated in points d and e, Clause 1, Article 18 of this Decree.

Article 22. Financial resources for implementing policies and regulations

1. The state budget shall ensure funding for the implementation of the following benefits: employment allowance, allowance for leaving service in the People's Public Security as provided for in Clause 1 and Clause 3, Article 19; training expenses, payment for the salary difference due to retention of salary for officers and non-commissioned officers who change careers as provided for in points a and d, Clause 1, Article 18 for state agencies, political organizations, and socio-political organizations receiving salaries from the state budget; one-time payment for converted time as provided for in Article 20; payment for the salary difference due to retention of salary for officers and non-commissioned officers who are transferred to become workers or civil servants of the People's Public Security and funding for additional social insurance contributions for the time served as non-commissioned officers or soldiers with limited terms of service for officers and non-commissioned officers of the People's Public Security.

Funding for training expenses and payment for the salary difference due to retention of salary for officers and non-commissioned officers after transferring to state-owned enterprises shall be accounted for in product costs or business expenses.

2. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Home Affairs to guide the implementation of the provisions of Clause 1 of this Article.

Article 23. Awards

1. Agencies, organizations, and individuals who cooperate, participate, collaborate, and assist the People's Public Security in national security protection, maintaining public order and safety, and who achieve merits in combat and work shall be awarded orders, medals, honorary titles of the State, and other forms of commendation according to the provisions of the Law on Competition and Reward and guiding documents.

2. In cases where confidentiality requirements for work protection necessitate it, decisions on rewards made by competent authorities for agencies, organizations, and individuals participating, cooperating, collaborating, and assisting the People's Public Security in national security protection and maintaining public order and safety, as well as for officers, non-commissioned officers, soldiers, workers, and civil servants of the People's Public Security, shall not be publicly announced.

3. In cases where cadres and soldiers of the People's Public Security and other agencies, organizations, and individuals achieve outstanding merits in national security protection and maintaining public order and safety, in addition to being awarded orders, medals, and honorary titles of the State, they shall also be considered for material rewards by the State and the Ministry of Public Security according to the provisions.

Chapter VI

IMPLEMENTING PROVISIONS

Article 24. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette. Previous regulations that conflict with the provisions of this Decree shall be abolished.

Article 25. Responsibility for Implementation

1. The Minister of Public Security shall be responsible for guiding and organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.