Decree No. 70/2019/ND-CP on the implementation of the obligation to participate in the People's Police

DECREE

Regulations on the Performance of the Obligation to Participate in the People's Police

Pursuant to the Law on Government Organization dated June 19, 2015;

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

Pursuant to the Law on Military Service dated June 19, 2015;

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

The Government issues this Decree stipulating the implementation of the obligation to participate in the People's Police.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree specifies the subjects, criteria, procedures, and formalities for selecting citizens to perform the obligation to participate in the People's Police, as well as the regime and policies for such citizens; the responsibilities of relevant agencies, organizations, and individuals in the selection of citizens to perform the obligation to participate in the People's Police.

Article 2. Applicability

This Decree applies to agencies, organizations, and citizens of the Socialist Republic of Vietnam.

Article 3. Principles of Selection

1. Implementing correctly the Party’s guidelines and policies, state laws, and procedures and regulations in the work of selecting citizens to perform the obligation to participate in the People's Police.

2. Ensuring sufficient quantity, quality, and selecting based on descending standards; implementing democracy, fairness, transparency, safety, and economy; adhering to the specified subjects, criteria, and timeframes as prescribed by law.

3. Emphasizing the responsibility of all related organizations and individuals to enhance the quality of the selection process.

4. Prioritizing the selection and call-up of citizens who have graduated from college or university, possess special talents, or have necessary expertise for the work and combat of the People's Police.

Chapter II

SELECTION AND IMPLEMENTATION OF REGIME AND POLICIES FOR CITIZENS PERFORMING THE OBLIGATION TO PARTICIPATE IN THE PEOPLE'S POLICE

Article 4. Subjects of Selection and Duration of Service

1. Male citizens within the age for conscription registration under the Military Service Law 2015. Female citizens within the age for conscription registration under the Military Service Law 2015, with appropriate professional qualifications required by the People's Police, if willing and needed by the People's Police, may be considered and selected to perform the obligation to participate in the People's Police.

2. The Minister of Public Security shall specify the age range for selecting citizens to perform the obligation to participate in the People's Police, suitable to the nature and characteristics of each using unit, and prescribe the professions necessary for selecting female citizens to perform the obligation to participate in the People's Police, meeting the needs of usage during each period.

3. The duration of performing the obligation to participate in the People's Police is twenty-four months. The Minister of Public Security decides to extend the service term of non-commissioned officers and conscripts but not exceeding six months in cases stipulated in Clause 1, Article 8 of the Law on the People's Police 2018.

The performance period is calculated from the date of handover of the citizen; in cases where there is no centralized handover, it is calculated from the date the People's Police unit receives the citizen until the competent authority decides on discharge. Time spent deserting and time serving a criminal sentence are not included in the performance period of the obligation to participate in the People's Police.

Article 5. Standards for Selection

Citizens selected to perform the obligation to participate in the People's Police must meet the following criteria:

1. Having a clear record.

2. Strictly abiding by the Party’s guidelines and policies, state laws; having no criminal record, being not under investigation for criminal responsibility, not under control, not during the period of community-based education measures or compulsory treatment at a medical facility or educational institution; possessing good moral character and conduct, trusted by the local residents or students and workers.

3. Meeting the political criteria of non-commissioned officers and conscripts serving under the conscription system in the People's Police.

4. Holding a high school diploma or higher. In mountainous, island, ethnic minority, and particularly difficult economic and social condition areas, citizens holding a junior high school diploma may be selected.

5. Having a balanced physique, no deformities, and meeting the health standards to perform the obligation to participate in the People's Police.

Citizens participating in recruitment to fulfill their obligation to join the People's Public Security shall submit to the Police Station, Ward, Town (hereinafter referred to collectively as the Police Station at the commune level) where they have permanent residence registration the following documents:

1. A registration form for fulfilling the obligation to join the People's Public Security according to the model attached to this Decree, with confirmation from the People's Committee of the commune, ward, town (hereinafter referred to collectively as the People's Committee at the commune level) where the citizen resides or from the agency or organization where the person is working or studying.

2. Certificate of military service registration.

The recruitment and call-up of citizens to fulfill their obligation to join the People's Public Security shall be carried out in the following steps:

1. The Police Station at the commune level, based on the number of citizens called up to fulfill their obligation to join the People's Public Security assigned within the commune area, shall proceed as follows:

a) Advise the same-level People's Committee to organize announcements and propaganda through mass media and publicly post at the police station and People's Committee offices information about the target group, criteria, conditions, and time for receiving application files for recruitment. The period for receiving application files for recruitment must be at least thirty days from the date of announcement;

b) Receive application files of citizens applying for recruitment and conduct preliminary selection (height, weight, physique); report the results (with attached files) of those who meet the requirements after preliminary selection to the Police Station at the district level;

2. The Police Station at the district level shall carry out recruitment and call-up of citizens to fulfill their obligation to join the People's Public Security as follows:

a) The Head of the Police Station at the district level issues orders for medical examination for citizens in accordance with Clause 2, Article 40 of the Military Service Law 2015. The medical examination call-up order must be delivered to the citizen fifteen days before the medical examination date;

b) Conduct background checks and conclude political standards for those who meet the health criteria as concluded by the district-level medical examination board;

c) Report to the Military Service Council to present to the Chairman of the People's Committee at the district level for decision on the list of citizens selected to fulfill their obligation to join the People's Public Security;

d) Based on the list of citizens selected to fulfill their obligation to join the People's Public Security approved by the Chairman of the People's Committee at the district level, the Head of the Police Station at the district level issues orders to call each citizen to fulfill their obligation to join the People's Public Security.

Article 8. Benefits and Policies

2. During the period of serving in the military and upon discharge, non-commissioned officers and conscripts shall enjoy benefits and policies stipulated for non-commissioned officers and soldiers serving in the People's Armed Forces as provided in Article 50 of the Military Service Law 2015 and detailed implementing regulations.

Article 9. Transfer to Professional Service System

1. Non-commissioned officers and conscripts who have served in the military for a period of 15 months to less than 24 months (counting until the time of examination), with annual classification results reaching completion of tasks or higher, meeting the standards and conditions for professional service in the People's Public Security, may be considered and recruited into public security academies and schools according to regulations on public security academy admissions, and upon graduation, be conferred professional officer and non-commissioned officer ranks.

2. Non-commissioned officers and conscripts not falling under the provisions of Clause 1 of this Article, upon completion of their term of service in the military and meeting the required standards for use by the People's Public Security, if willing and the People's Public Security has a need, may be considered for transfer to the professional service system. Standards and ratios for transferring non-commissioned officers completing their term of service in the military to the professional service system shall be implemented in accordance with regulations of the Ministry of Public Security. The recruitment process must ensure transparency, democracy, fairness, and equality for all subjects.

Article 10. Discharge from Military Service

1. Non-commissioned officers and conscripts who have completed the term of service as prescribed in Clause 3, Article 4 of this Decree shall be discharged from military service.

2. Non-commissioned officers and conscripts may be discharged from military service before the completion of their term when they are assessed by the provincial Medical Appraisal Board or the Ministry of Public Security Medical Board to be unfit for continued service due to poor health, or in cases specified at points b and c of Clause 1; and points a, b, and c of Clause 2, Article 41 of the 2015 Law on Military Service Obligation.

6. Non-commissioned officers and conscripts who have completed their military service obligation with the People's Public Security must report to the military service registration office within 15 working days to register for reserve duty.

Chapter III

RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS AND HANDLING VIOLATIONS IN THE SELECTION AND CALLING OF CITIZENS TO PERFORM MILITARY SERVICE OBLIGATIONS WITH THE PEOPLE'S PUBLIC SECURITY

Article 11. Responsibilities of the Ministry of Public Security

1. Coordinate in propaganda, dissemination, and education on laws regarding the obligation to perform military service with the People's Public Security.

2. Direct, guide, and inspect local military agencies to closely cooperate with local military authorities in advising the Chairman of the People's Committee at the same level on the work of selecting and calling citizens to perform military service obligations with the People's Public Security as stipulated in this Decree and related legal documents.

3. Based on the tasks of national security protection and social order and safety assurance, and the need for personnel, submit to the Prime Minister for decision the number of citizens to be called annually to perform military service obligations with the People's Public Security. Allocate the number of citizens to be called to perform military service obligations with the People's Public Security to units under their jurisdiction in each province based on the Prime Minister's decision.

Article 12. Responsibilities of Ministries and Equivalent Agencies

1. The Ministry of National Defense directs local military agencies to closely cooperate with local public security agencies in the work of selecting and calling citizens for military service to ensure sufficient sources of citizens to perform military service obligations with the People's Public Security.

2. The Ministry of Finance collaborates with the Ministry of Public Security to develop and implement state budget estimates according to the State Budget Law to ensure the implementation of the systems and policies stipulated in this Decree.

4. Ministries, ministerial-level agencies, and other organizations within their respective duties and powers are responsible for coordinating with the Ministry of Public Security to implement legal provisions on the obligation to perform military service with the People's Public Security.

Article 13. Responsibilities of People's Committees at all levels

1. Responsibilities of People's Committees at all levels:

a) Propagate, disseminate, and educate to raise awareness and responsibility in implementing regulations on the obligation to perform military service with the People's Public Security among the people; direct and implement the selection and calling of citizens to perform military service obligations with the People's Public Security as prescribed in Article 35 of the 2015 Law on Military Service Obligation.

b) Leverage the role and responsibility of the political system at the local level; the advisory role of public security agencies at all levels and the responsibility of village chiefs, neighborhood heads, community leaders, hamlet chiefs, village chiefs, phum chiefs, and sóc chiefs in the selection of citizens to perform military service obligations with the People's Public Security;

c) Assign appropriate quotas in line with the recruitment sources of each locality. Coordinate with receiving units to replace citizens who have been called to perform military service obligations but do not meet the conditions and standards (if any).

d) Direct relevant departments to coordinate with public security agencies at the same level to organize the selection of citizens to perform military service obligations with the People's Public Security.

Implement responsibilities as prescribed in Clause 1 of this Article and direct the Military Service Council and the People's Committee of the district to select citizens to perform military service obligations with the People's Public Security in accordance with regulations, ensuring the quota and quality of selection.

Implement responsibilities as prescribed in Clause 1 of this Article and direct the Military Service Council and the People's Committee of the commune to select citizens to perform military service obligations with the People's Public Security in accordance with regulations, ensuring the quota and quality of selection.

4. Responsibilities of the People's Committee of the commune:

Implement responsibilities as prescribed in Clause 1 of this Article and direct the Military Service Council and the Military Command to coordinate with the Public Security Office of the commune to organize the selection of citizens to perform military service obligations with the People's Public Security in accordance with regulations, ensuring the quantity, democracy, fairness, transparency, quality, and effectiveness.

Article 14. Responsibilities of units receiving citizens to fulfill their obligations

Units receiving citizens to fulfill their obligations shall be responsible for coordinating with People's Committees at all levels to carry out the selection and call-up of citizens to fulfill their obligations to join the People's Public Security Force.

Article 15. Responsibilities of selected citizens fulfilling their obligations

2. During the period of service fulfilling their obligations, they shall comply with responsibilities and prohibitions on actions that officers, non-commissioned officers, and soldiers of the People's Public Security Force are not allowed to perform as stipulated in Articles 31 and 32 of the Law on Public Security Forces 2018.

Article 16. Handling Violations

1. Citizens who fail to appear at the time and place specified in the call-up order to fulfill their obligations to join the People's Public Security Force without a valid reason, or desert while performing their obligations shall be subject to disciplinary action according to the Regulations of the Public Security Forces; administrative fines or criminal prosecution as prescribed by law depending on the severity of the violation.

2. Organizations and individuals engaging in acts of evading, opposing, or obstructing the fulfillment of obligations to join the People's Public Security Force shall be subject to disciplinary action, administrative fines, or criminal prosecution as prescribed by law depending on the nature and severity of the violation.

Article 17. Complaints and reports

Citizens, agencies, and organizations have the right to file complaints against actions that infringe upon their legitimate rights and interests carried out by public security officials during the selection process and implementation of policies and regulations for citizens fulfilling their obligations to join the People's Public Security Force. Individuals have the right to report actions causing or threatening to cause damage to the State's interests, or the legitimate rights and interests of agencies, organizations, or individuals. The handling of complaints and reports shall be conducted in accordance with the provisions of the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 18. Effective Date

This Decree takes effect from October 10, 2019, and replaces Government Decree No. 129/2015/NĐ-CP dated December 15, 2015, concerning the implementation of obligations to join the People's Public Security Force.

Article 19. Responsibility for Implementation.

1. The Ministry of Public Security shall take the lead and coordinate with relevant ministries and sectors to guide and organize the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related organizations and individuals shall be responsible for implementing this Decree.

 

 

ANNEX

MODEL APPLICATION FORM FOR REGISTRATION TO PERFORM OBLIGATIONS TO JOIN THE PEOPLE'S PUBLIC SECURITY FORCE
(Attached to Government Decree No. 70/2019/NĐ-CP dated August 23, 2019)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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I. PERSONAL INFORMATION

FULL NAME AT BIRTH (2): …

DATE OF BIRTH (3): …month …year …Male □ Female □

PLACE OF BIRTH (4): …

PLACE OF ORIGIN (5): …

ETHNICITY (6): …CITIZENSHIP:…RELIGION (7): …

REGISTERED RESIDENCE (8): …

CURRENT ADDRESS (9): …

OCCUPATION (10): …

GENERAL EDUCATION LEVEL (11): …

HIGHEST PROFESSIONAL QUALIFICATION (12): …

FOREIGN LANGUAGES (13):…COMPUTER SKILLS (14):…

DATE JOINING YOUTH UNION: …

PLACE OF ADMISSION: …

DATE JOINING COMMUNIST PARTY:…

DATE OF FULL MEMBER STATUS: …

PLACE OF ADMISSION: …

IDENTITY CARD NUMBER/CITIZENSHIP CARD NUMBER: …

Date of issue:...Place of issue:...

CONTACT PHONE NUMBER: …

HEALTH STATUS (15):…HEIGHT:…

WEIGHT:…BLOOD GROUP:…

CHRONIC AND INFECTIOUS DISEASES: …

POLICY FAMILY (16): …

II. PERSONAL HISTORY

1. EDUCATION AND WORK EXPERIENCE

2. CHARACTERISTICS OF PERSONAL HISTORY

3. AWARDS

4. DISCIPLINARY ACTIONS

III. FAMILY RELATIONSHIPS

IV. SOCIAL RELATIONSHIPS

V. SELF-EVALUATION OF PERSONAL CHARACTER

VI. PROMISE REGARDING PERSONAL HISTORY

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VII. CONFIRMATION BY THE PEOPLE'S COMMITTEE OF THE COMMUNE, WARD, OR TOWN WHERE THE CITIZEN IS REGISTERED OR BY THE ORGANIZATION WHERE THE CITIZEN WORKS

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Note:

(1) Color photo (4x6 cm) taken within six months prior to the date of the application form, affixed and stamped.

(2) Full name at birth: Write in capital letters exactly as in the Birth Certificate.

(3) Date of birth: Record the complete date, month, and year of birth as stated in the Birth Certificate.

(4) Place of birth: Record the name of the commune (or ward, town), district (or city district, town under province), province (or centrally-administered city) where born (record exactly as in the Birth Certificate). If there has been a change in administrative unit names, record (old name), now (new name).

(5) Place of origin: Record according to the Birth Certificate or Identity Card or Citizen Card (determined according to legal provisions and guidelines of the Ministry of Justice). Record clearly the name of the commune (or ward, town), district (or city district, town under province), province (or centrally-administered city).

(6) Ethnicity: Record the name of the ethnic group as prescribed by the State such as Kinh, Tay, Nung, Thai, Muong, Mong, E De...

(7) Religion: If following a religion, write the name of that religion such as: Catholicism, Buddhism, Islam, Cao Dai, Hoa Hao... If not following any religion, do not leave this field blank but write "no".

(8) Place of permanent residence registration: Write fully the house number, street, city or village, commune, district, province where the permanent residence is registered.

(9) Current place of residence: Write fully the house number, street, city or village, commune, district, province where the person currently resides.

(10) Occupation: Clearly state the occupation being performed. If unemployed and dependent on family, specify as "unemployed".

(11) General education level: State the grade completed/belonging to which system.

(12) Highest professional qualification: Doctor of Science, Doctor, Master, Bachelor, Engineer, College, Intermediate, Primary... in which specialized field.

(13) Foreign language: Name of foreign language + training level A, B, C, D...

(14) Computer skills: Level A, B, C, Engineer, Bachelor, Master, Doctor.

(15) Health status: Write current health condition: Good, average, poor at the time of declaration.

(16) Policy family: Clearly state the type of war invalid child, enjoying benefits similar to those of war invalids, child of烈士, person affected by Agent Orange...