Law on People's Public Security No. 54/2005/QH11 stipulates the organization, operation, functions, tasks, and welfare policies of the People's Public Security force. The Law applies to the People's Public Security, agencies, organizations, Vietnamese citizens, and foreign organizations and individuals residing in Vietnam.
Đối tượng áp dụng
People's Public Security, agencies, organizations, Vietnamese citizens, and foreign organizations and individuals residing in Vietnam.
Các điểm cốt lõi
- The Law stipulates the principles of organization and operation of the People's Public Security; the recruitment targets include officers, non-commissioned officers, technical specialists, and civil servants.
- The People's Public Security has the duty to protect national security, maintain public order and social safety, implement investigative measures, and handle administrative violations.
- Officers, non-commissioned officers, and soldiers of the People's Public Security are granted and promoted ranks according to the provisions of the law, with specific timeframes for each rank.
- The People's Public Security has the right to use weapons and auxiliary tools to protect national security and public order and social safety.
- The Law stipulates the welfare policies for officers, non-commissioned officers, and soldiers of the People's Public Security, including salaries, allowances, health care, rest, and other benefits.
🌐 Tác động xã hội từ văn bản này
- Establishing a legal basis for the activities of the People's Public Security force in protecting national security and maintaining public order and social safety.
- Improving the quality of the police force through training, development, and granting and promoting ranks.
- Ensuring the rights and benefits for officers, non-commissioned officers, and soldiers of the People's Public Security through the welfare policies stipulated in the Law.
❓ Câu hỏi thường gặp
What are the duties of the People's Public Security?
The People's Public Security has the duty to protect national security and maintain public order and social safety; implementing investigative measures such as collecting information, investigating crimes, and imposing administrative penalties.
How are officers and non-commissioned officers of the People's Public Security granted ranks?
Officers and non-commissioned officers of the People's Public Security are granted ranks based on political criteria, professional qualifications, and specific timeframes for each rank. The timeframe for promotion from one rank to another ranges from 1 to 4 years.
How can the People's Public Security use weapons?
Officers and non-commissioned officers of the People's Public Security may use weapons to proactively attack criminals and defend themselves appropriately in accordance with the law.
What is the rest policy for the People's Public Security?
Officers, non-commissioned officers, and soldiers of the People's Public Security are entitled to rest on holidays as prescribed by the Labor Code and other days off as prescribed by the Minister of Public Security.
What is the health insurance policy for the People's Public Security?
Officers, non-commissioned officers, and soldiers of the People's Public Security are provided with healthcare while on duty; if they are injured, sick, far from People's Public Security medical facilities, or suffer from occupational diseases due to accidents, they may seek treatment at other medical facilities.
Toàn văn
LAW
PEOPLE'S POLICE
Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;
This Law stipulates on the People's Police.
PART I
GENERAL PROVISIONS
Article 1. Scope of application
This Law stipulates on the principles of organization and operation; functions, tasks, powers and regimes and policies for the People's Police.
Article 2. Applicability
This Law applies to the People's Police, agencies, organizations, Vietnamese citizens and organizations and individuals from foreign countries residing and operating within the territory of the Socialist Republic of Vietnam; in cases where international treaties to which the Socialist Republic of Vietnam is a member provide otherwise, such treaties shall apply.
Article 3. Definitions
In this Law, the following terms shall be understood as follows:
1. National security protection is preventing, detecting, stopping, and struggling to defeat activities that infringe upon national security.
2. Maintaining social order and safety is preventing, detecting, stopping, and combating crime and violations of laws concerning social order and safety.
3. Officers and non-commissioned officers in specialized fields are Vietnamese citizens selected, trained, and instructed to work in various specialized fields of the People's Police, conferred and promoted to ranks of generals, colonels, majors, non-commissioned officers by the State.
4. Officers and non-commissioned officers in technical fields are Vietnamese citizens with technical qualifications working in the People's Police, conferred and promoted to ranks of colonels, majors, non-commissioned officers by the State.
5. Non-commissioned officers and soldiers serving for a limited term are Vietnamese citizens selected to serve in the People's Police for a period of three years, conferred and promoted to ranks of senior sergeant, corporal, sergeant, private first class, and private second class by the State.
6. Workers and civil servants are persons recruited to work in the People's Police but not included in the scope of being conferred officer, non-commissioned officer, or soldier ranks by the State.
7. Special measures are work methods of the People's Police implemented according to the provisions of the law to protect national security and maintain social order and safety.
Article 4. Position and functions of the People's Police
1. The People's Police is the core force of the people's armed forces in the cause of protecting national security and maintaining social order and safety of the Socialist Republic of Vietnam.
The People's Police consists of the People's Security Force and the People's Public Security Force.
2. The People's Police has the function of advising the Party and the State on protecting national security and maintaining social order and safety; implementing unified management over the protection of national security and maintenance of social order and safety; fighting against the plots and activities of hostile forces, crimes, and violations of laws concerning national security and social order and safety.
Article 5. Principles of organization and operation of the People's Police
1. The People's Police is under the absolute and direct leadership of all aspects by the Communist Party of Vietnam, the command of the President, the unified management of the Government, and the direct command and management of the Minister of Public Security.
2. The People's Police is organized centrally and uniformly and follows administrative levels from central to local.
3. The operations of the People's Police must comply with the Constitution and laws; subordinates obey superiors; rely on the people and be subject to the supervision of the people; protect the interests of the State, the rights and legitimate interests of organizations and individuals.
Article 6. Selection of citizens into the People's Police
1. Citizens who meet the standards in politics, moral character, educational level, health, have a willingness and aptitude suitable for police work may be selected into the People's Police.
2. The People's Police gives priority to selecting outstanding graduates from academies, universities, colleges, and vocational schools who meet the criteria for training and supplementing the People's Police.
Article 7. Citizens serving for a limited term in the People's Police
1. Annually, the People's Police selects citizens aged from 18 to 25 years old to serve in the People's Police for a period of three years.
2. The number, standards, and specific procedures for selecting citizens serving for a limited term in the People's Police are prescribed by the Government.
Article 8. Service system of officers, non-commissioned officers, soldiers, workers, and civil servants of the People's Police
1. Officers of the People's Police serve under a professional system; non-commissioned officers and soldiers of the People's Police serve under a professional system or a limited-term service system; workers and civil servants of the People's Police serve under a recruitment system.
2. Citizens serving in the People's Police are exempted from performing military service.
Article 9. Building the People's Police
1. The State implements policies to train and develop officers, non-commissioned officers, and soldiers of the People's Police; building the People's Police as revolutionary, regular, efficient, and gradually modernized.
2. Agencies, organizations, and every citizen have the duty to participate in building the People's Police clean, strong, and solid.
Article 10. Supervision of the activities of the People's Police
1. The National Assembly, its agencies, Delegations of National Assembly members, National Assembly deputies, People's Councils, and People's Council deputies within their respective duties and powers supervise the activities of the People's Police.
2. The Vietnam Fatherland Front and its member organizations have the responsibility to publicize and mobilize all strata of the people to participate in the nationwide movement to protect national security; cooperate, assist the People's Police in performing their tasks and building the People's Police; supervise the implementation of laws on the People's Police.
Article 11. Traditional Day of the People's Police
August 19th each year is the traditional day of the People's Police and the day of the "All-People Movement to Protect National Security".
Article 12. Coordination relationship between the People's Army, Self-Defense Militia, and the People's Police
1. The People's Army and the Self-Defense Militia have the responsibility to closely coordinate with the People's Police to protect national security, maintain social order and safety, and build the People's Police.
2. The coordination regulations between the People's Army, the Self-Defense Militia, and the People's Police are prescribed by the Government.
Article 13. Regime and policies for agencies, organizations, and individuals participating, coordinating, cooperating, and assisting the People's Police
1. The State protects and keeps confidential for agencies, organizations, and individuals participating, coordinating, cooperating, and assisting the People's Police in protecting national security and maintaining social order and safety.
2. Subjects, organizations, and individuals participating, coordinating, collaborating, or assisting the People's Public Security in protecting national security and maintaining public order and social safety, if suffering damage to their reputation, shall have it restored; if suffering property loss, shall be compensated; those who are injured, suffer health damage, or endanger their lives shall themselves and their families enjoy benefits and policies as prescribed by law.
Chapter II
TASKS AND POWERS OF THE PEOPLE'S PUBLIC SECURITY
Article 14. Tasks and powers of the People's Public Security
1. Collecting information, analyzing, evaluating, forecasting situations, and proposing to the Party and State to promulgate and implement guidelines, policies, laws, and strategies for protecting national security and maintaining public order and social safety; suggesting the integration of requirements of the national security protection strategy with the State's strategies and policies on economic and social development, national defense, and foreign affairs.
2. Protecting citizens' freedom, democracy, lives, and property; protecting senior Party and State leaders and international guests; safeguarding important events, targets, and key projects concerning national security, foreign diplomatic missions, international organization representatives in Vietnam, and individuals holding or closely related to state secrets.
3. Receiving, processing reports and accusations of crimes, initiating and investigating criminal cases, and performing other judicial tasks as prescribed by law.
4. Implementing administrative penalties and applying other administrative measures as prescribed by law.
5. Guiding, inspecting, and auditing agencies, organizations, and citizens in fulfilling their duties to protect national security and maintain public order and social safety; implementing propaganda, dissemination, and education on laws and building mass movements for national security protection.
6. Applying mass mobilization, legal, diplomatic, economic, scientific and technological, professional, and armed measures to protect national security and maintain public order and social safety.
7. Being authorized to use weapons, support tools, and technical equipment necessary to proactively combat crime and defend justly according to the provisions of law.
8. In urgent cases, being able to issue decisions or propose temporary suspension or cessation of activities of agencies, organizations, or individuals causing harm to national security and public order and social safety, and requisitioning transportation, communication means, and other technical equipment from these entities and their operators according to the provisions of law.
9. Requesting agencies, organizations, and individuals to cooperate in activities and provide relevant information concerning national security and public order and social safety.
10. Closely cooperating with the People's Army, Self-Defense Militia, and state agencies in protecting national security and maintaining public order and social safety, safeguarding national independence, sovereignty, unity, and territorial integrity.
11. Researching and applying modern scientific and technological achievements in protecting national security and maintaining public order and social safety.
12. Building a clean and strong force politically, ideologically, organizationally, and professionally.
13. Implementing international cooperation in protecting national security and maintaining public order and social safety.
Article 15. Tasks and powers of the People's Security Force
1. Implementing the provisions of Article 14 of this Law.
2. Conducting preventive, detection, and struggle activities to thwart all plots and activities infringing upon national security.
3. Engaging in intelligence operations as prescribed by law.
4. Directing and coordinating with agencies and organizations in internal political security protection, economic security, cultural and ideological security, information security; participating in reviewing plans, programs, and projects for economic and social development related to national security protection.
5. Implementing management of exit and entry procedures; managing foreigners and overseas Vietnamese residing in Vietnam; managing state secrets protection; performing national security protection tasks at borders and checkpoints as prescribed by law.
6. Serving as the core in building people's security systems across fields and areas.
7. Performing other tasks and powers as prescribed by law.
Article 16. Tasks and powers of the People's Police Force
1. Implementing the provisions of Article 14 of this Law.
2. Proactively preventing, detecting, and combating crime and violations of laws on public order and social safety, environmental protection; identifying causes and conditions leading to crime and other legal violations and recommending corrective measures; participating in educating violators within the community as prescribed by law.
3. Managing household registration, issuing identity cards; managing seals; managing public order and safety in conditional business operations and security services; ensuring traffic order and safety, public order; managing firearms and explosives; implementing fire prevention and firefighting tasks; participating in rescue operations as prescribed by law.
4. Performing other tasks and powers as prescribed by law.
Chapter III
ORGANIZATION OF THE PEOPLE'S PUBLIC SECURITY
Article 17. The organizational system of the People's Public Security
1. The organizational system of the People's Public Security includes:
a) Ministry of Public Security;
b) Provincial and centrally governed city police;
c) District and town police;
d) Commune and ward police.
2. Commune police is a semi-professional armed force serving as the backbone in the mass movement for national security protection, ensuring security, order, and social safety at the grassroots level, directly under the leadership of the local Party Committee, managed and directed by the People's Committee of the commune, and guided in professional matters by higher-level police.
The organization, operation, equipment, uniform, training, and benefits and policies for commune police are regulated by law.
3. Based on the need to ensure security and order within their scope of tasks and powers, the Minister of Public Security decides to establish police stations and independent units deployed in necessary areas.
Article 18. Specific functions, tasks, powers, and organizational structure of the People's Public Security
1. The Government shall specify the specific functions, tasks, powers, and organizational structure of the Ministry of Public Security.
2. The Minister of Public Security shall specify in detail the functions, tasks, powers, organizational structure of the general directorate, units directly under the Ministry, units under the general directorate, provincial police, centrally governed city police, district police, urban district police, town police, and other units within the People's Police.
Article 19. Command in the People's Police
1. The Minister of Public Security is the highest commander in the People's Police.
2. A lower-level police commander is responsible to a higher-level police commander for the organization and operation of the assigned police unit. A local police commander is responsible to a higher-level police commander and to the same-level Party committee and government.
3. A People's Police officer with a higher rank or position is the superior of an officer with a lower rank or position. An officer with a higher position but equal or lower rank is the superior of an officer with equal or higher rank but a lower position.
Chapter IV
OFFICERS, NON-COMMISSIONED OFFICERS, AND SOLDIERS OF THE PEOPLE'S POLICE
Article 20. Classification of officers, non-commissioned officers, and soldiers of the People's Police
1. By force, in the People's Police there are:
a) Officers, non-commissioned officers, and soldiers of the People's Security;
b) Officers, non-commissioned officers, and soldiers of the People's Public Order.
2. By nature of activity, in the People's Police there are:
a) Operational officers and non-commissioned officers;
b) Technical officers and non-commissioned officers;
c) Limited-term service non-commissioned officers and soldiers.
Article 21. System of ranks for officers, non-commissioned officers, and soldiers of the People's Police
1. Operational officers and non-commissioned officers:
a) Non-commissioned officers have three ranks:
|
Corporal; Sergeant; Staff Sergeant. |
b) Commissioned officers have four ranks:
|
Second Lieutenant; First Lieutenant; Captain; Major. |
c) Field-grade officers have four ranks:
|
Lieutenant Colonel; Colonel; Senior Colonel; Brigadier General. |
d) General officers have four ranks:
|
Lieutenant General; Major General; Senior General; General. |
2. Technical officers and non-commissioned officers:
a) Non-commissioned officers have three ranks:
|
Corporal; Sergeant; Staff Sergeant. |
b) Commissioned officers have four ranks:
|
Second Lieutenant; First Lieutenant; Captain; Major. |
c) Field-grade officers have three ranks:
|
Lieutenant Colonel; Colonel; Senior Colonel. |
3. Limited-term service non-commissioned officers and soldiers:
a) Soldiers have two ranks:
|
Private Second Class; Private First Class. |
b) Non-commissioned officers have three ranks:
|
Corporal; Sergeant; Staff Sergeant. |
Article 22. Objectives, conditions, and time limits for granting and promoting ranks for officers, non-commissioned officers, and soldiers of the People's Police
1. Objectives for granting ranks:
a) University graduates from People's Police schools are granted the rank of Second Lieutenant; graduates from intermediate-level schools at People's Police schools are granted the rank of Sergeant;
b) Officials, civil servants, or individuals who graduate from academies, universities, colleges, vocational high schools, and technical training schools and are recruited into the People's Police will be granted corresponding ranks based on their level of education and assigned duties;
c) Citizens serving limited terms in the People's Police are granted the ranks of Private Second Class, Private First Class, Corporal, Sergeant, and Staff Sergeant.
2. Conditions for promotion in rank:
Officers, non-commissioned officers, and soldiers of the People's Police may be promoted in rank when their current rank is lower than the highest rank prescribed for their current position, they meet the political, professional, and specialized qualifications as prescribed, and they have served the required time limit for promotion as stipulated in Clause 3 of this Article.
3. Time limits for promotion in rank:
a) Non-commissioned officers and operational officers:
|
Corporal to Sergeant |
: 1 year; |
|
Sergeant to Staff Sergeant |
: 1 year; |
|
Staff Sergeant to Second Lieutenant |
: 2 years; |
|
Second Lieutenant to First Lieutenant |
: 2 years; |
|
First Lieutenant to Captain |
: 3 years; |
|
Captain to Major |
: 3 years; |
|
Major to Lieutenant Colonel |
: 4 years; |
|
Lieutenant Colonel to Colonel |
: 4 years; |
|
Colonel to Senior Colonel |
: 4 years; |
|
Senior Colonel to Brigadier General |
: 4 years; |
Promotion to general officer rank has no time limit;
b) Time limits for promotion in rank for technical officers and non-commissioned officers; limited-term service non-commissioned officers and soldiers in the People's Police are prescribed by the Government;
c) Officers, non-commissioned officers, and soldiers of the People's Police who achieve outstanding results in combating crime and operational activities may be considered for promotion beyond the normal progression; those who achieve outstanding results in work, scientific research, and study may be considered for promotion before the regular time limit;
d) The time spent by officers, non-commissioned officers, and soldiers in training at school counts towards the time limit for promotion in rank; for officers, non-commissioned officers, and soldiers demoted in rank, if they show progress one year after being demoted, they may be considered for promotion in rank.
Article 23. Basic positions in the People's Police
1. Basic positions in the People's Police include:
a) Squad Leader;
b) Platoon Leader;
c) Company Commander;
d) Battalion Commander, Chief of Police Station, Town Police Station, Team Leader;
đ) Regiment Commander, Chief of County Police, District Police, Urban District Police, City Police, Department Head;
e) Provincial Police Director, Chief of Centrally Governed City Police;
g) Commander, Bureau Chief, Department Head;
h) General Director;
i) Minister.
2. Positions equivalent to the positions specified in points a, b, c, d, đ, e, g, and h of Clause 1 of this Article and other positions and titles in the People's Police are prescribed by law.
Article 24. Rank system for officers of the People's Police
1. The rank system for officers holding basic positions in the People's Police is as follows:
a) Squad Leader: Second Lieutenant, First Lieutenant, Captain;
b) Platoon Leader: First Lieutenant, Captain, Major;
c) Company Commander: Captain, Major, Lieutenant Colonel;
d) Battalion Commander, Chief of Police Station, Town Police Station, Team Leader: Lieutenant Colonel, Colonel;
đ) Regiment Commander, Chief of County Police, District Police, Urban District Police, City Police, Department Head: Colonel, Senior Colonel;
e) Provincial Police Director, Chief of Centrally Governed City Police, Bureau Chief, Department Head: Senior Colonel, Brigadier General;
g) Chief of Police of Hanoi City, Ho Chi Minh City, Guard Commander: Brigadier General, Lieutenant General;
h) General Director: Lieutenant General, Major General;
i) Minister: Senior General, General.
2. For officers holding basic positions in units assigned important or special tasks or located in areas of significant security and public order importance, the highest possible rank may be one rank higher than the highest rank prescribed for the corresponding position as stipulated in points a, b, c, d, đ, and e of Clause 1 of this Article.
3. The rank system for officers holding positions equivalent to the positions prescribed in Clause 1 of this Article and other positions prescribed by law.
Article 25. Authority to confer, promote, demote, revoke ranks of officers, non-commissioned officers, and soldiers; to appoint, relieve, remove from office, and demote positions within the People's Public Security Force
1. The President confers and promotes the rank of Senior Lieutenant General and General. The Prime Minister confers and promotes the rank of Lieutenant General and Major General, and appoints positions of Deputy Minister and Director of Departments under the Ministry of Public Security.
The Minister of Public Security confers and promotes the rank of senior officer, appoints positions of Deputy Department Director, Commander, Director, Head of Division, Deputy Commander, Deputy Director, Deputy Head of Division under the Ministry of Public Security, and equivalent positions, Director and Deputy Director of Provincial Police and Municipal Police directly under the central government, and stipulates the procedures for conferring and promoting ranks and appointing positions remaining within the People's Public Security Force.
2. The person authorized to confer and promote a certain rank has the authority to revoke and demote that rank; each time only one rank can be promoted or demoted, except in special cases where multiple ranks may be considered. The person authorized to appoint a position has the authority to relieve, remove from office, and demote that position.
Article 26. Transfer of officers, non-commissioned officers, and soldiers of the People's Public Security Force
1. Officers, non-commissioned officers, and soldiers of the People's Public Security Force must comply with the transfer orders of the competent authority.
2. The person authorized to appoint a position has the right to transfer that position.
Article 27. Assignment of officers of the People's Public Security Force
1. Based on the requirements of national security protection tasks and social order and safety maintenance, officers of the People's Public Security Force may be assigned to work at agencies and organizations outside the People's Public Security Force according to the regulations of the competent authority.
2. Officers of the People's Public Security Force who are assigned enjoy benefits and policies as prescribed by this Law and other relevant laws.
3. Agencies and organizations where officers of the People's Public Security Force are assigned have the responsibility to keep secrets and ensure working and living conditions for those officers in accordance with the law.
Article 28. Age limit for service of officers of the People's Public Security Force
1. The highest age limit for service of officers of the People's Public Security Force is specified as follows:
|
Commissioned Officer: 50; Lieutenant Colonel, Colonel: male 55, female 53; Senior Colonel: male 58, female 55; Major General, General: male 60, female 55. |
2. In case the People's Public Security unit has a need, officers who meet the necessary qualities, excel in their profession, have good health, and voluntarily agree may have their service age extended beyond the limits set out in Clause 1 of this Article by up to five years. The specific duration of the extension shall be determined by the Government.
3. Officers of the People's Public Security Force who meet the state social insurance conditions shall retire; in cases where male officers have worked for 25 years and female officers have worked for 20 years, if they are in poor health, have limited capacity, due to work requirements, or voluntarily request retirement, they may retire before the age limit set out in Clause 1 of this Article.
Article 29. Duties and responsibilities of officers, non-commissioned officers, and soldiers of the People's Public Security Force
1. Absolute loyalty to the country and the people.
2. Strictly abide by the Party's guidelines and policies, state laws, public security regulations, directives, and orders from superiors.
3. Be honest, brave, vigilant, ready to fight, and complete all assigned tasks.
4. Respect and protect the legitimate rights and interests of agencies, organizations, and individuals; serve the people wholeheartedly, and treat them with respect and courtesy.
5. Continuously study to improve political, legal, scientific, technical, professional, and vocational knowledge; cultivate revolutionary qualities, organizational discipline awareness, and physical fitness.
6. Bear legal and superior responsibility for their own orders, for compliance with superior orders, and for the performance of subordinate tasks under their jurisdiction. When receiving an order from a commander, if there is evidence that the order is contrary to the law, they must immediately report it to the person issuing the order; in cases where they still have to comply with the order, they must promptly report to the immediate superior of the person issuing the order and will not be held responsible for the consequences of executing the order.
Article 30. Matters that officers, non-commissioned officers, and soldiers of the People's Public Security Force are not allowed to do
1. Exploit their positions and powers to infringe upon the interests of the State, the legitimate rights and interests of agencies, organizations, and individuals.
2. Actions contrary to the law, public security regulations, and actions prohibited by law for civil servants.
Chapter V
ENSURING OPERATIONS AND POLICIES FOR THE PEOPLE'S PUBLIC SECURITY FORCE
POLICIES FOR THE PEOPLE'S PUBLIC SECURITY FORCE
Article 31. Ensuring funding and material infrastructure for the operations of the People's Public Security Force
1. Sources of funding for the operations of the People's Public Security Force include the state budget and other sources of income as prescribed by law.
2. The State ensures funding and material infrastructure for the operations of the People's Public Security Force to meet the requirements of national security protection and social order and safety maintenance during each period.
Article 32. Weapons, support tools, and technical equipment for the People's Public Security Force
1. The People's Public Security Force is equipped with weapons, support tools, and technical equipment suitable for the assigned tasks by the State.
2. The State has preferential policies and increased investment in research and application of modern scientific and technological achievements, production, and equipping of weapons, support tools, and technical equipment to serve work, combat, and the construction of the People's Public Security Force.
Article 33. Uniforms, insignia, flags, rank badges, emblems, and police identification cards of the People's Public Security Force
Uniforms, insignia, flags, rank badges, emblems, and police identification cards of the People's Public Security Force are regulated by the Government.
Article 34. Training and development policies for officers, non-commissioned officers, and soldiers of the People's Public Security Force
1. Officers, non-commissioned officers, and soldiers of the People's Public Security Force are trained and developed politically, professionally, legally, and in other necessary knowledge suitable for their assigned tasks; the State encourages and creates conditions for them to develop their talents to serve the People's Public Security Force.
2. The State has training and development policies for officers, non-commissioned officers, and soldiers of the People's Public Security Force who are ethnic minorities.
Article 35. Salary, allowances, and working conditions for officers, non-commissioned officers, and soldiers of the People's Public Security Force
1. Wages and allowances for officers, non-commissioned officers, and soldiers of the People's Public Security shall be determined based on rank and position, commensurate with the nature and tasks of the People's Public Security; seniority is calculated according to the current wage level and the time served in the People's Public Security. The wage system and allowances for officers, non-commissioned officers, and soldiers of the People's Public Security shall be prescribed by the Government.
2. Officers and non-commissioned officers of the People's Public Security who meet the criteria, have reached the term for promotion in rank but already hold the highest rank corresponding to their position or have held the rank of Senior Lieutenant Colonel for four years or more without being promoted to general rank shall be eligible for a wage increase as prescribed by the Government.
3. If officers and non-commissioned officers of the People's Public Security hold multiple positions simultaneously, they shall enjoy the benefits of the highest position.
4. Officers, non-commissioned officers, and soldiers of the People's Public Security shall be provided with working conditions and living standards appropriate to the assigned tasks.
Article 36. Health care for officers, non-commissioned officers, and soldiers of the People's Public Security and their families
1. Officers, non-commissioned officers, and soldiers of the People's Public Security currently serving shall be provided health care; when injured, sick far from medical facilities of the People's Public Security or suffering from occupational accidents and diseases that the medical facilities of the People's Public Security cannot treat, they shall be examined and treated at medical facilities not belonging to the People's Public Security, with the People's Public Security settling hospital fees and implementing other benefits as prescribed by law.
2. Parents, legal guardians of spouses, spouses, and children under 18 years old of officers, non-commissioned officers, and soldiers of the People's Public Security currently serving who do not have social health insurance shall be entitled to examination and treatment and exemption or reduction of hospital fees at medical facilities as prescribed by the Government.
Article 37. Rest and leave system for officers, non-commissioned officers, and soldiers of the People's Public Security
Officers, non-commissioned officers, and soldiers of the People's Public Security currently serving shall be entitled to rest on holidays as prescribed by the Labor Code and leave as prescribed by the Minister of Public Security.
Article 38. Benefits and policies for officers and non-commissioned officers of the People's Public Security upon retirement, transfer to another profession, or termination of service in the People's Public Security
1. Retired officers of the People's Public Security shall enjoy the following benefits:
a) Pension calculated based on the provisions of Clause 1, Article 35 of this Law;
b) Use of People's Public Security uniforms, insignia, and badges during national holidays, meetings, and traditional gatherings of the People's Public Security;
c) Local authorities where they reside shall provide conditions for a stable life;
d) Examination and treatment according to the health insurance regime at medical facilities of the People's Public Security and other medical facilities not belonging to the People's Public Security.
2. Officers and non-commissioned officers of the People's Public Security transferring to another profession shall enjoy the following benefits:
a) Preservation of the salary level at the time of transfer for a minimum period of 18 months;
b) In case of reassignment to serve in the People's Public Security due to work requirements, the period of transfer shall be counted towards continuous service time for promotion in rank and seniority;
c) Upon retirement, they shall receive seniority allowance calculated based on the time served in the People's Public Security; if the received salary is lower than the salary at the time of transfer, the salary at the time of transfer shall be used to calculate the pension.
3. Officers and non-commissioned officers terminating service in the People's Public Security before meeting the retirement criteria shall enjoy the following benefits:
a) Employment assistance and a one-time allowance as prescribed by the Government;
b) The benefits prescribed in points b and c of Clause 1 of this Article;
c) In case of having served for 15 years or more in the People's Public Security, when sick, they shall be entitled to free or reduced hospital fees for examination and treatment at medical facilities of the People's Public Security as prescribed by the Minister of Public Security.
4. Non-commissioned officers and soldiers serving on a fixed-term basis in the People's Public Security shall receive vocational training assistance or employment assistance and enjoy other benefits and policies as prescribed by the Government upon completion of their term of service.
Article 39. Rights, obligations, and benefits and policies for workers and officials of the People's Public Security
1. Workers and officials of the People's Public Security shall have rights and obligations as prescribed by labor laws, civil servant laws, and other relevant laws.
2. The Government shall prescribe specific benefits and policies for workers and officials of the People's Public Security.
Chapter VI
REWARD AND VIOLATION HANDLING
Article 40. Awards
1. Organizations, individuals participating, cooperating, collaborating, or assisting the People's Public Security in national security protection and maintaining public order and safety shall be eligible for commendation and rewards according to their contributions as prescribed by law.
2. Officers, non-commissioned officers, soldiers, workers, and officials of the People's Public Security who achieve outstanding results in combat or work shall be eligible for awards such as medals, orders, state honors, and other forms of commendation according to their contributions as prescribed by law.
Article 41. Handling Violations
1. Organizations, individuals opposing or obstructing the activities of officers, non-commissioned officers, and soldiers of the People's Public Security while performing their duties shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation.
2. Officers, non-commissioned officers, soldiers, workers, and officials of the People's Public Security who violate discipline or laws shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if causing harm to the health, life, property, or legitimate interests of others, they must compensate according to the law.
3. Officers, non-commissioned officers, and soldiers of the People's Public Security shall not use People's Public Security insignia when arrested, detained, or imprisoned; if sentenced to imprisonment, they shall automatically lose their People's Public Security insignia when the judgment becomes legally binding.
Chapter VII
IMPLEMENTING PROVISIONS
Article 42. Effectiveness
This Law shall take effect from July 1, 2006.
The Ordinance on the People's Security Force of Vietnam in 1987, the Ordinance on the People's Police Force of Vietnam in 1989, the Ordinance Amending and Supplementing Certain Articles of the Ordinance on the People's Security Force of Vietnam in 1991, the Ordinance Amending and Supplementing Certain Articles of the Ordinance on the People's Police Force of Vietnam in 1991, and the Ordinance Amending and Supplementing Article 6 of the Ordinance on the People's Police Force of Vietnam in 1995 shall cease to be effective from the date this Law comes into effect.
All previous provisions that are contrary to this Law are hereby abolished.
Article 43. Implementation guidance
The Government shall provide detailed regulations and guidance for the implementation of this Law./.
This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the eleventh session, eighth meeting, on November 29, 2005.
Tải văn bản
Văn bản này đang được cập nhật văn bản gốc, vui lòng xem nội dung toàn văn và kiểm tra lại sau.
Bản đồ quan hệ
Bấm vào một văn bản để mở. Viền đỏ = quan hệ làm thay đổi hiệu lực.
Bản dịch
Văn bản này có sẵn ở các ngôn ngữ sau: