Decree No. 74/2010/ND-CP stipulates coordination of activities between civilian militia and self-defense forces with public security forces at commune, ward, town levels and forest rangers in maintaining political security, social order and safety, and protecting forests. This document applies to agencies, organizations, armed units, Commune Military Command, civilian militia and self-defense forces, public security forces at commune level, and forest rangers in their respective areas.
适用范围
State agencies, political organizations, socio-political organizations, public service units, economic organizations; Commune Military Command, Military Command of agencies and organizations at grassroots level, Public Security Forces at commune level; core civilian militia and self-defense forces; public security forces at commune level and forest rangers.
要点
- Agencies and units coordinate in weekly/monthly/yearly meetings, mid-term/final reviews of work as prescribed.
- Civilian militia and self-defense forces have the right to fire weapons when performing tasks to maintain political security, social order and safety, and protect forests.
- Coordination in patrolling, guarding, training, and drills regarding political security, social order and safety, and disaster prevention and control.
- Command and control mechanisms when coordinating activities between civilian militia and self-defense forces with public security forces at commune level in maintaining political security, social order and safety; between civilian militia and self-defense forces and forest rangers in protecting forests.
- Coordination in exchanging information, propaganda, training, and education on forest protection.
🌐 本文件的社会影响
- Positive impact: Enhance the effectiveness of coordination among forces in maintaining political security, social order and safety, and protecting forests.
- Negative impact: May increase costs for organizing meetings, mid-term/final reviews of work.
❓ 常见问题
When do civilian militia and self-defense forces have the right to fire weapons?
Civilian militia and self-defense forces have the right to fire weapons in cases where they receive orders from superiors, accurately detect enemies on land, sea, or air, and after applying other measures but the targets still do not comply or commit direct threats to the lives of law enforcement officers and citizens.
Which agencies are responsible for ensuring funding for coordinated activities between civilian militia and self-defense forces and public security forces at commune level?
The budget for directing coordinated activities between civilian militia and self-defense forces and public security forces at commune level in maintaining political security, social order and safety is managed by which agency, and that agency is responsible for ensuring funding.
When do civilian militia and self-defense forces have the authority to apprehend individuals violating forest protection laws?
Upon discovering violators of forest protection laws along with evidence, civilian militia and self-defense forces cooperate with forest rangers to apprehend individuals, seize evidence, secure the scene, and report to competent authorities for resolution.
What regulations are there regarding firefighting training and drills?
Annually before the peak period of forest fires, the Forest Ranger Department leads the coordination with the Military Department at the same level to organize firefighting training and drills for forest rangers and civilian militia and self-defense forces.
What regulations are there regarding information exchange between civilian militia and self-defense forces and forest rangers?
Information exchange must ensure confidentiality, accuracy, and timeliness. In case of conflicting information, all parties must cooperate to verify, report to the People's Committee at commune level, and simultaneously report upwards and to competent authorities.
全文
DECREE
Provisions on coordination of activities between the People's Militia Self-Defense Force and the police force of communes, wards, towns,
forest rangers and other forces in maintaining political security,
social order and safety, and in protecting forests
________________________________
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Militia and Self-defense dated November 23, 2009;
Pursuant to the Public Security Law dated November 29, 2005;
The Government issues this Decree on mechanisms and policies to encourage forest protection, encirclement and regeneration of forests, afforestation, development of non-timber forest products, and increased income in connection with policies to quickly reduce poverty, sustainably and to support ethnic minority groups during the period 2015-2020.
Considering the proposals of the Minister of National Defense, the Minister of Public Security, and the Minister of Agriculture and Rural Development,
DECREE
PART I
GENERAL PROVISIONS
Article 1. Scope of application
This Decree stipulates the command and control mechanism; the content of coordination of activities between the People's Militia Self-Defense Force and the police force of communes, wards, towns (hereinafter referred to as commune level), forest rangers and other forces in maintaining political security, social order and safety, and in protecting forests as prescribed in Articles 41, 43, and 66 of the Law on People's Militia Self-Defense.
Article 2. Applicability
1. State agencies, political organizations, socio-political organizations, public service units, economic organizations (hereinafter collectively referred to as agencies and organizations), military units; the Military Command Board at the commune level, the Military Command Board of agencies and organizations at the grassroots level, the Police Force at the commune level.
2. Core People's Militia Self-Defense Force; the police force at the commune level and forest rangers.
3. Other forces when coordinating activities with the People's Militia Self-Defense Force, including: units of the People's Public Security Forces, the People's Army, local forces operating in the area, and forces of various departments, mass organizations at the commune level.
Article 3. Briefing
1. Responsibility for organizing briefings at the commune level
a) The organization of briefings between the Military Command Board at the commune level, the Military Command Board of agencies and organizations at the grassroots level, and the Police Force at the commune level in coordinating activities to maintain political security, social order and safety shall be carried out by the Commander of the Military Command Board at the commune level, the Military Command Board of agencies and organizations at the grassroots level, and the Chief of the Police Force at the commune level, under the direction of the Chairman of the People's Committee at the commune level or the head of the agency or organization at the same level;
b) The organization of briefings between the Military Command Board at the commune level, the Military Command Board of agencies and organizations at the grassroots level, and the Forest Rangers in coordinating activities to protect forests shall be carried out by the Commander of the Military Command Board at the commune level, the Military Command Board of agencies and organizations at the grassroots level, and the Forest Rangers, under the direction of the Chairman of the People's Committee at the commune level or the head of the agency or organization at the same level;
c) In areas with forests, based on the situation of political security, social order and safety, and the situation of forest protection in the area, the Chairman of the People's Committee at the commune level shall direct the organization of briefings on coordinated activities between the Military Command Board at the commune level, the Police Force at the commune level, and the Forest Rangers.
2. System, content, method of briefing at the commune level
a) Regular weekly, monthly, quarterly, and annual briefings;
b) Ad hoc briefings when there are situations or new tasks are assigned;
c) The Ministry of National Defense shall coordinate with the Ministry of Public Security and the Ministry of Agriculture and Rural Development to guide the content and methods of briefings between the Military Command Board at the commune level or the Military Command Board of agencies and organizations at the grassroots level and the Police Force at the commune level; between the Military Command Board at the commune level or the Military Command Board of agencies and organizations at the grassroots level and the Forest Rangers.
3. Organization of briefings on directing coordinated activities between the People's Militia Self-Defense Force and the police force at the commune level, and forest rangers
The organization of briefings between the military agencies at the provincial and district levels and the police and forest ranger agencies at the same level, and among functional agencies of the Ministries of National Defense, Public Security, and Agriculture and Rural Development to direct coordinated activities between the People's Militia Self-Defense Force and the police force at the commune level in maintaining political security, social order and safety, and between the People's Militia Self-Defense Force and forest rangers in protecting forests shall be guided by the Ministry of National Defense in coordination with the Ministry of Public Security and the Ministry of Agriculture and Rural Development.
Article 4. Summary, evaluation, inspection, and planning of coordinated activities
1. System of summary and evaluation
a) The People's Committee at the commune level, military agencies, police agencies, and forest ranger agencies at the district and provincial levels must evaluate the coordinated activities between the People's Militia Self-Defense Force and the police force at the commune level in maintaining political security, social order and safety, and between the People's Militia Self-Defense Force and forest rangers in protecting forests through separate review meetings or included in the report on the mid-year and annual reviews of national defense, military, and security work of the People's Committee at the commune level, military agencies, police agencies, and forest ranger agencies at the district and provincial levels;
b) Every five years or twice, the Ministry of Public Security shall take the lead and coordinate with the Ministry of National Defense to organize the evaluation of coordinated activities between the People's Militia Self-Defense Force and the police force at the commune level in maintaining political security, social order and safety;
c) Every five years, the Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministry of National Defense to organize the evaluation of coordinated activities between the People's Militia Self-Defense Force and forest rangers in protecting forests.
2. Responsibility for organizing summaries
a) At the commune level, grassroots agencies and organizations: The Chairman of the People's Committee at the commune level or the head of the agency or organization at the grassroots level shall lead the summary of the implementation of coordinated activities between the People's Militia Self-Defense Force and the police force at the commune level in maintaining political security, social order and safety, and between the People's Militia Self-Defense Force and forest rangers in protecting forests;
b) At the district and provincial levels: the heads of military agencies, police agencies, and forest ranger agencies shall rotate in leading the summary of the direction of coordinated activities between the People's Militia Self-Defense Force and the police force at the commune level in maintaining political security, social order and safety, and between the People's Militia Self-Defense Force and forest rangers in protecting forests.
3. Responsibility for organizing evaluations
a) The Ministry of Public Security shall take the lead and coordinate with the Ministry of National Defense to guide local public security agencies to take the lead and coordinate with local military agencies to assist the Chairman of the People's Committee at the same level in organizing the summary of the cooperation activities between the self-defense forces and the communal police in maintaining political security and social order and safety, and assist the Prime Minister in organizing the national summary of such cooperation activities.
b) The Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministry of National Defense to guide forestry inspection agencies at all levels to take the lead and coordinate with local military agencies to assist the Chairman of the People's Committee at the same level in organizing the summary of the cooperation activities between the self-defense forces and the forestry inspectors in forest protection, and assist the Prime Minister in organizing the national summary of such cooperation activities.
4. Content and methods for mid-term and final summaries
a) The Ministry of Public Security and the Ministry of National Defense shall guide the content and methods for mid-term and final summaries of the cooperation activities between the self-defense forces and the communal police in maintaining political security and social order and safety.
b) The Ministry of Agriculture and Rural Development and the Ministry of National Defense shall guide the content and methods for mid-term and final summaries of the cooperation activities between the forestry inspectors and the self-defense forces in forest protection.
5. Inspection
a) Inspection of the coordination in directing and cooperating in activities between the self-defense forces and the communal police in maintaining political security and social order and safety shall be carried out by competent agencies of the Ministry of National Defense, the Ministry of Public Security, public security agencies, and military agencies at provincial and district levels; the system, objects, contents, organization, and composition of inspection teams at each level shall be guided by the Ministry of National Defense and the Ministry of Public Security.
b) Inspection of the coordination in directing and cooperating in activities between the self-defense forces and the forestry inspectors in forest protection shall be carried out by competent agencies of the Ministry of National Defense, the Ministry of Agriculture and Rural Development, military agencies, and forestry inspection agencies at all levels; the system, objects, contents, organization, and composition of inspection teams at each level shall be guided by the Ministry of National Defense and the Ministry of Agriculture and Rural Development.
6. Planning for cooperative activities
a) When the self-defense forces cooperate with the communal police, forestry inspectors, and other forces in maintaining political security and social order and safety, and in forest protection, they must have a plan for cooperative activities which must be approved by the competent authority.
b) The Ministry of National Defense, the Ministry of Public Security, and the Ministry of Agriculture and Rural Development shall guide the planning for cooperative activities between the self-defense forces and the communal police in maintaining political security and social order and safety, and between the self-defense forces and the forestry inspectors in forest protection.
Article 5. In cases where the self-defense forces are authorized to fire weapons in maintaining political security, social order and safety, and in forest protection
When performing tasks in maintaining political security, social order and safety, and in forest protection, the self-defense forces are entitled to fire weapons in the following situations:
1. Upon orders from the Minister of National Defense, the Chief of General Staff of the Vietnam People's Army, the Commander of Military Region, the Commander of the Vietnam Navy, or their equivalents, or commanders at various levels who have been delegated authority.
2. While on duty to protect targets, patrolling the border, sea, and islands, if they accurately identify the enemy on land, at sea, or in the air, the self-defense forces are entitled to fire weapons according to regulations set forth by the Ministry of National Defense.
3. After applying measures such as propaganda, explanation, warning, and using support tools but the subject still does not comply, or when there is no other way to prevent the subject from directly threatening the lives of law enforcement officers and citizens.
4. Implementing justifiable self-defense as stipulated in Clause 1, Article 15 of the Penal Code No. 15/1999/QH10.
5. The firing of weapons as provided for in Clauses 2, 3, and 4 of this provision must be carried out in three steps: warning shots, shots to injure, and shots to eliminate.
Article 6. Ensuring the budget for directing cooperative activities
1. The funding for the activities of each force shall be implemented according to Articles 53, 54, and 55 of the Law on Self-Defense Forces; Article 8 of Decree No. 73/2009/NĐ-CP dated September 7, 2009 of the Government detailing the implementation of certain provisions of the Ordinance on Communal Police; and Article 15 of Decree No. 119/2006/NĐ-CP dated October 16, 2006 of the Government on the organization and operation of forestry inspectors.
2. The budget for directing cooperative activities between the self-defense forces and the communal police in maintaining political security and social order and safety, and between the self-defense forces and the forestry inspectors in forest protection shall be borne by the agency taking the lead.
3. Annually, agencies, organizations, localities, and bases shall base their budget estimates for ensuring funding on their activity plans and cooperative activity tasks assigned to the self-defense forces, communal police, and forestry inspectors, in accordance with the State Budget Law, including the content of ensuring funding for directing cooperative activities between the self-defense forces and the communal police in maintaining political security and social order and safety, and between the self-defense forces and the forestry inspectors in forest protection.
Chapter II
COOPERATIVE ACTIVITIES BETWEEN THE SELF-DEFENSE FORCES AND THE COMMUNAL POLICE AND OTHER FORCES
Article 7. Command and control mechanisms during cooperative activities
1. The principle of coordinating activities between the People's Militia Self-Defense Force and the police force at the commune level in maintaining political security and social order and safety shall be carried out in accordance with Clause 5 of Article 31 of Decree No. 58/2010/NĐ-CP dated June 1, 2010 of the Government detailing and guiding the implementation of certain provisions of the Law on People's Militia Self-Defense (referred to as Decree No. 58/2010/NĐ-CP).
2. In combating crime, demonstrations, disturbances, terrorism, hostage-taking, political riots, armed riots, ensuring political security and social order and safety, the Head of the Police Force at the commune level shall take the lead in advising the same-level Party Committee and administration and commanding the forces under his/her jurisdiction to cooperate with the People's Militia Self-Defense Force and other forces to handle matters according to their functions, tasks, and powers prescribed by law; the Commander-in-Chief of the Military Command Post at the commune level, the Military Command Post of agencies and organizations at the grassroots level, and the Self-Defense Commander (for agencies and organizations that have not yet met the conditions for establishing a Military Command Post at the grassroots level) shall command the forces under their jurisdiction under the leadership and guidance of the same-level Party Committee and administration, the heads of agencies and organizations at the grassroots level, and the command of the superior military authority.
3. In emergency situations concerning national defense and war placed under the absolute and direct leadership of the same-level Party Committee, the unified direction of the People's Committee at the commune level, the heads of agencies and organizations at the grassroots level, the Commander-in-Chief of the Military Command Post at the commune level, and the Military Command Post of agencies and organizations at the grassroots level shall take the lead in advising and commanding the armed forces at the grassroots level in readiness for combat and combat operations; the Head of the Police Force at the commune level shall command the forces under his/her jurisdiction to perform tasks as prescribed by law.
4. In cases where the situation of political security and social order and safety becomes complicated, exceeding the capacity of the commune level to handle or occurring across multiple communes, the Heads of the Police Force at the commune level and the Commanders-in-Chief of the Military Command Posts at the same level, and the Military Command Posts of agencies and organizations at the grassroots level operating in the area shall seek instructions from the superior public security and military authorities while advising the same-level Party Committee and administration; they shall command the forces under their jurisdiction to cooperate with the police, military, and People's Militia Self-Defense Force to provide support and coordinate with relevant forces in handling the situation according to the plan of the superiors.
Article 8. Exchange of Information
1. Principles of Information Exchange
The exchange of information on political security and social order and safety must ensure confidentiality, timeliness, and accuracy. In cases where two forces have different information about an incident, event, or phenomenon, they must cooperate to verify and reach a unified conclusion before reporting to the competent authority for resolution.
2. System of Information Exchange
a) Every day, the Police Force at the commune level and the Military Command Posts at the same level, the Military Command Posts of agencies and organizations at the grassroots level, and the Self-Defense Commanders operating in the area; police officers or village guards and village chiefs shall exchange information on political security and social order and safety in the area.
b) When there are sudden situations or tasks, the Police Force at the commune level and the Military Command Posts at the same level, the Military Command Posts of agencies and organizations at the grassroots level, and the Self-Defense Commanders operating in the area shall proactively exchange information and unify proposals with the competent authority on measures to resolve the issues.
3. The Ministry of National Defense and the Ministry of Public Security shall guide the content and methods of exchanging information on political security and social order and safety.
Article 9. Mobilizing the people to implement the All-People National Security Movement, building a safe foundation for political security and social order and safety
1. The Police Force at the commune level
Shall take the lead and cooperate with the People's Militia Self-Defense Force, departments, sectors, and mass organizations to educate the people to enhance revolutionary vigilance; launch the All-People National Security Movement, prevent and combat the subversive plots and methods of hostile forces and criminals, clean up the area; build communes, towns, wards, residential areas, agencies, and organizations safe in terms of political security and social order and safety, contributing to building a solid people's security foundation and people's security posture in the locality.
2. The People's Militia Self-Defense Force
Shall take the lead and cooperate with the Police Force at the commune level, departments, sectors, and mass organizations to mobilize the people to enhance vigilance against the plots and methods of encroaching on the independence, sovereignty, and territorial integrity of the country by hostile forces; educate to raise awareness of the whole-people national defense, build potential for national defense; build villages, communes, towns, clusters of villages, communes, and towns strong within the defensive region; fulfill military obligations; build reserve forces and the People's Militia Self-Defense Force; mobilize the people to implement social policies and rear services for the military at the grassroots level, contributing to building a solid whole-people national defense and whole-people national defense posture.
3. The Commanders-in-Chief of the Military Command Posts at the commune level, the Military Command Posts of agencies and organizations at the grassroots level, the Self-Defense Commanders, and the Heads of the Police Force at the commune level shall cooperate to advise the same-level Party Committee, People's Committee, and heads of agencies and organizations at the grassroots level to carry out education on national defense and security, and provide training on national defense and security knowledge for specified subjects as prescribed by law.
Article 10. Patrols and Guarding to Maintain Political Security and Social Order and Safety
1. The Police Force at the commune level
a) The Head of the Police Force at the commune level shall take the lead and cooperate with the Commanders-in-Chief of the Military Command Posts at the commune level, the Military Command Posts of agencies and organizations at the grassroots level, and the Self-Defense Commanders in the area to develop patrol and guard plans according to the directives of the superior public security authority and organize coordination between the Police Force at the commune level and the People's Militia Self-Defense Force and related forces in maintaining political security and social order and safety at the grassroots level;
b) Shall take the lead and cooperate with the People's Militia Self-Defense Force to patrol and guard protected targets;
c) When incidents involving political security and social order and safety occur, the Police Force at the commune level shall take the lead and cooperate with the People's Militia Self-Defense Force and other forces to handle them according to their functions and powers prescribed by law.
2. The People's Militia Self-Defense Force
a) The Chief of the People's Militia Self-Defense Force at the commune level, the People's Militia Self-Defense Force of agencies and organizations at the grassroots level, and the Self-Defense Force Commander shall cooperate with the Head of the Police Station at the commune level to develop patrol and guard plans under the management of the People's Committee at the commune level, the head of the agency or organization at the grassroots level, and the guidance of the superior military authority; organize forces under their main control to cooperate with the police force at the commune level to conduct patrols and guards to protect assigned targets.
b) In cases where situations involving political security and social order arise, the militia self-defense forces shall cooperate with the police force at the commune level and other forces to handle them according to their functions and powers as prescribed by law.
Article 11. Training and drills on political security and social order
1. The Police Force at the commune level
a) Guide the militia self-defense forces on knowledge related to maintaining political security and social order at the grassroots level; fire prevention and firefighting; procedures for recording incidents concerning political security and social order and the use of support tools.
b) The Head of the Police Station at the commune level shall take the lead and cooperate with the Chief of the People's Militia Self-Defense Force at the commune level, the People's Militia Self-Defense Force of agencies and organizations at the grassroots level, the Self-Defense Force Commander in the area, and the heads of various departments, sectors, and mass organizations to advise the Party committee and administration at the commune level, and the heads of agencies and organizations at the grassroots level on drill mechanisms and command forces under their control to drill scenarios involving disruption of political security and social order; prevention and combating "peaceful evolution" and subversion according to the directives of the superior public security authority.
2. The People's Militia Self-Defense Force
a) Guide the police force at the commune level on basic knowledge about the technical use of various types of military weapons equipped, homemade weapons, and other contents as requested by the police force at the commune level.
b) The Chief of the People's Militia Self-Defense Force at the commune level, the People's Militia Self-Defense Force of agencies and organizations at the grassroots level, and the Self-Defense Force Commander shall take the lead and cooperate with the Head of the Police Station at the commune level and the heads of various departments, sectors, and mass organizations to advise the Party committee and administration at the commune level, and the heads of agencies and organizations at the grassroots level on drill mechanisms when the locality is ordered to enter a state of emergency regarding national defense and war according to the directives of the superior military authority and command forces under their control to participate in drilling scenarios against disturbances, demonstrations, and subversion; take the lead and cooperate with the police force at the commune level and other forces to practice drills for enemy offensive scenarios into the area.
Article 12. Implement tasks of preventing, combating, and mitigating the consequences of natural disasters, epidemics, search and rescue operations, and environmental protection.
1. The Police Force at the commune level
a) The Head of the Police Station at the commune level shall take the lead and cooperate with the Chief of the People's Militia Self-Defense Force at the commune level, the People's Militia Self-Defense Force of agencies and organizations at the grassroots level, the Self-Defense Force Commander in the area, and the heads of various departments, sectors, and mass organizations to advise the Party committee and administration at the commune level, and the heads of agencies and organizations at the grassroots level on policies, measures, and building plans to coordinate with relevant forces on the area to perform tasks of maintaining political security and social order in areas affected by natural disasters, epidemics, search and rescue operations, and environmental accidents.
b) Take the lead and cooperate with the militia self-defense forces and other forces to maintain political security and social order, protect the property of the State and collective entities, and the lives and property of the people; participate in handling situations and mitigating consequences caused by natural disasters, epidemics, and environmental accidents.
2. The People's Militia Self-Defense Force
a) Be well informed about the development of weather, meteorological, hydrological conditions, and incidents occurring in the area; report and propose timely measures to competent authorities.
b) The People's Militia Self-Defense Force at the commune level, the People's Militia Self-Defense Force of agencies and organizations at the grassroots level, and the Self-Defense Force Commander shall manage forces and cooperate with specialized agencies to manage materials and equipment to ensure that forces under their control can perform tasks; plan the use of forces, assign tasks, and coordinate with the militia self-defense forces to command forces under their control to cooperate with other forces in the area to handle natural disaster, epidemic, environmental accident situations, search and rescue operations, and mitigate consequences, protecting the property of the State and collective entities, and the lives and property of the people; participate in maintaining political security and social order.
Article 13. Cooperate in internal political security protection work
1. The Head of the Police Station at the commune level
Take the lead and cooperate with the Chief of the People's Militia Self-Defense Force at the commune level, the People's Militia Self-Defense Force of agencies and organizations at the grassroots level, the Self-Defense Force Commander in the area, and the heads of various departments, sectors, and mass organizations to advise the Party committee and administration at the commune level, and the heads of agencies and organizations at the grassroots level on managing citizens within the age range for conscription; review the political standards of citizens in recruitment for military service, military education, and selection of personnel for service in the public security force and the militia self-defense forces.
2. The Chief of the People's Militia Self-Defense Force at the commune level, the People's Militia Self-Defense Force of agencies and organizations at the grassroots level, and the Self-Defense Force Commander
Provide relevant information for the Head of the Police Station at the commune level and the heads of various departments, sectors, and mass organizations at the commune level to review political standards in recruitment for military service, military education, and selection of personnel for the public security force and the militia self-defense forces.
3. The police force at the commune level and the militia self-defense forces shall cooperate in protecting military secrets and public security operational secrets.
Article 14. Management of firearms, explosives, and support tools
1. The Police Force at the commune level
Take the lead and cooperate with the militia self-defense forces in detecting, confiscating, and handling according to the provisions of the law for acts of producing, storing, and using firearms, explosives, and support tools illegally that are not provided for the forces as prescribed.
2. The People's Militia Self-Defense Force
a) Manage firearms, explosives, and support tools provided according to the regulations of the Ministry of National Defense.
b) When discovering illegal production, storage, or use of firearms, explosives, and support tools; leftover firearms and explosives from wars or other sources, cooperate with the police force to confiscate, protect, and report to the competent authority for resolution.
Article 15. Struggle to prevent and combat crime
1. The Police Force at the commune level
a) The Head of the Police Station at the commune level shall take the lead, advise the Party Committee and administrative authorities at the commune level on the development of plans to combat crime; coordinate with the Chief of the Military Command of the People's Security Force at the commune level, the Military Command of the People's Security Force at the grassroots level, the Self-Defense Force Commander, and the heads of various departments, sectors, and mass organizations in coordinating efforts to combat crime within their jurisdiction.
b) Take the lead, coordinate with the self-defense forces and other forces to mobilize the people to implement the national program on crime prevention and control; investigate and resolve cases of law violations; manage, educate, and reform individuals who violate the law residing at the grassroots level; detect, prevent, and apprehend individuals engaging in illegal activities within the area.
2. The People's Militia Self-Defense Force
a) The Chief of the Military Command of the People's Security Force at the commune level, the Military Command of the People's Security Force at the grassroots level, and the Self-Defense Force Commander shall coordinate with the Head of the Police Station at the commune level to develop plans for combating crime and organizing the self-defense forces to carry out tasks related to preventing and combating crimes occurring within the area.
b) Monitor political security situations and social order and safety, promptly provide relevant information and materials to the police force to serve investigative and handling purposes; support the police force in apprehending, detaining, guarding, and escorting criminals according to the proposal of the police force at the commune level and the direction of the Chairman of the People's Committee at the commune level and the head of the organization at the grassroots level.
Article 16. Coordinate in resolving disputes and complaints involving acts of law violation.
1. The Police Force at the commune level
a) The Head of the Police Station at the commune level shall be well-informed about the situation; take the lead, coordinate with the Chief of the Military Command of the People's Security Force at the commune level, the Military Command of the People's Security Force at the grassroots level, the Self-Defense Force Commander, and the heads of related forces, propose policies and measures to the Party Committee and administrative authorities at the commune level and the head of the organization at the grassroots level within the area.
b) Coordinate with the self-defense forces and various departments, sectors, and mass organizations to publicize and mobilize the people to comply with the policies and measures of the Party Committee and administrative authorities at the commune level and the head of the organization at the grassroots level within the area.
c) Detect, prevent, apprehend, and handle individuals violating the law according to their authority.
2. The People's Militia Self-Defense Force
a) The Chief of the Military Command of the People's Security Force at the commune level, the Military Command of the People's Security Force at the grassroots level, and the Self-Defense Force Commander shall be well-informed about the situation, coordinate with the Head of the Police Station at the commune level and the heads of various departments, sectors, and mass organizations to assist the Party Committee and administrative authorities at the commune level and the head of the organization at the grassroots level in formulating policies and measures.
b) Coordinate with the police force at the commune level and related forces to publicize and mobilize the people to comply with the policies and measures of the Party Committee and administrative authorities at the commune level and the head of the organization at the grassroots level within the area.
c) Coordinate with the police force to patrol and guard assigned targets; detect, prevent, and apprehend masterminds and instigators, individuals violating the law, and participate in mitigating consequences.
Article 17. Coordinate in resolving incidents of sabotage against state, collective, and individual property.
1. The Police Force at the commune level
a) The Head of the Police Station at the commune level shall be well-informed about the situation; take the lead, coordinate with the Chief of the Military Command of the People's Security Force at the commune level, the Military Command of the People's Security Force at the grassroots level, and the Self-Defense Force Commander to propose policies and measures to the Party Committee and administrative authorities at the commune level and the head of the organization at the grassroots level within the area.
b) Coordinate with the self-defense forces and other forces to prevent and apprehend saboteurs for handling according to their authority.
2. The People's Militia Self-Defense Force
c) The Chief of the Military Command of the People's Security Force at the commune level, the Military Command of the People's Security Force at the grassroots level, and the Self-Defense Force Commander shall be well-informed about the situation; coordinate with the Head of the Police Station at the commune level to advise the Party Committee and administrative authorities at the commune level and the head of the organization at the grassroots level on policies and measures for handling.
b) Coordinate with the police force to protect assigned targets; support the police force in apprehending saboteurs.
c) Coordinate with forces in the area to mitigate consequences and stabilize the situation.
Article 18. Coordinate in resolving incidents of political riots.
1. The Police Force at the commune level
a) The Head of the Police Station at the commune level shall take the lead, coordinate with the Chief of the Military Command of the People's Security Force at the commune level, the Military Command of the People's Security Force at the grassroots level, and the Self-Defense Force Commander within the area to advise the Party Committee and administrative authorities at the commune level and the head of the organization at the grassroots level on policies and measures for handling situations according to the plan, while developing plans and commanding forces under their command to cooperate with superior forces operating in the area according to the law.
b) Coordinate with the self-defense forces and related forces to publicize and mobilize the people to comply with the policies and measures for resolution by the Party Committee and local administration.
c) Coordinate with the self-defense forces and other forces to prevent, suppress, and apprehend masterminds and leaders of political riots, and overly aggressive individuals violating the law; organize the rescue of hostages (if any); participate in mitigating consequences and stabilizing the situation.
2. The People's Militia Self-Defense Force
a) The Chief of the Military Command of the People's Security Force at the commune level, the Military Command of the People's Security Force at the grassroots level, and the Self-Defense Force Commander shall be well-informed about the situation; coordinate with the Head of the Police Station at the commune level to advise the Party Committee and administrative authorities at the commune level and the head of the organization at the grassroots level on policies and measures for handling situations according to the plan, while proposing plans for cooperation with military, police, and other forces to reinforce and provide support according to the law.
b) Coordinate with the police force at the commune level and related forces to publicize and mobilize the people to understand the plots and tactics of hostile forces and masterminds and leaders of political riots, not allowing them to exploit; disperse demonstrations.
c) Coordinate with the police force and other forces to patrol and block key traffic points; protect assigned targets; jointly with the police force, rescue hostages (if any); support the police force in apprehending masterminds and leaders and overly aggressive individuals violating the law; participate in mitigating consequences and stabilizing the situation.
Article 19. Coordinate in resolving armed riots.
1. The Police Force at the commune level
a) When armed riot occurs due to local reactionary forces, the Head of the Police Station at the commune level shall preside over cooperation with the Chief of the Military Command Post at the commune level, the Military Command Post of organizations and units at the grassroots level, the Self-Defense Force Commander in the area, and the heads of various departments, sectors, and associations to advise the Party Committee and administrative authorities at the commune level, and the heads of organizations and units at the grassroots level on policies and measures to handle the situation according to the plan, while proposing plans for coordinated activities with military forces, police, and other reinforcing forces as stipulated by law;
b) Cooperate with the Self-Defense Force and other forces in the area to suppress, arrest, and eliminate the masterminds and armed rioters; patrol and protect assigned targets; participate in mitigating consequences and stabilizing the situation;
2. The People's Militia Self-Defense Force
a) The Chief of the Military Command Post at the commune level, the Military Command Post of organizations and units at the grassroots level, and the Self-Defense Force Commander shall cooperate with the Head of the Police Station at the commune level and the heads of various departments, sectors, and associations to advise the Party Committee and administrative authorities at the commune level, and the heads of organizations and units at the grassroots level on policies and measures to handle the situation according to the plan, while developing plans and commanding subordinate forces to coordinate with superior forces operating in the area as stipulated by law;
b) Cooperate with the police force at the commune level to patrol and block important traffic junctions; protect assigned targets; support the police force in isolating, suppressing, and arresting the masterminds;
c) Cooperate with the police force at the commune level and other forces in the area to eliminate armed rioters within the territory, retake lost objectives; participate in resolving consequences and stabilizing the situation;
d) When there is armed intervention by hostile forces from outside supporting domestic reactionary forces, the Chief of the Military Command Post at the commune level, the Military Command Post of organizations and units at the grassroots level, and the Self-Defense Force Commander shall command subordinate forces to coordinate with military and police units to intercept and eliminate them according to assigned tasks;
Article 20. Coordinate activities when the grassroots level enters a state of emergency regarding national defense, implementing the Decree of Martial Law and Curfew
1. Utilize the Self-Defense Force to implement measures to maintain political security and social order and safety at the grassroots level when entering a state of emergency regarding national defense, implementing the Decree of Martial Law and Curfew as stipulated in Articles 9, 15, and 19 of Decree No. 32/2009/NĐ-CP dated April 3, 2009, of the Government detailing certain provisions of the National Defense Law on states of emergency regarding national defense, martial law, and curfew;
2. The Ministry of National Defense and the Ministry of Public Security shall guide the coordination of activities between the Self-Defense Force and the police force at the commune level in maintaining political security and social order and safety when the grassroots level enters a state of emergency regarding national defense, implementing the Decree of Martial Law and Curfew;
Article 21. Maintain political security and social order and safety during wartime
1. The Police Force at the commune level
a) The Head of the Police Station at the commune level shall preside over cooperation with the Chief of the Military Command Post at the commune level, the Military Command Post of organizations and units at the grassroots level, the Self-Defense Force Commander in the area, and the heads of various departments, sectors, and associations to advise the Party Committee and administrative authorities at the commune level, and the heads of organizations and units at the grassroots level on policies and measures to maintain political security and social order and safety in areas with combat operations;
b) Cooperate with the Self-Defense Force and other forces in the area to implement measures to protect assigned targets; patrol and suppress crime; manage political subjects; detect and promptly prevent the schemes, tactics, and activities of domestic reactionary forces linking up with external hostile forces to cause riots and overthrow; participate in managing and detaining prisoners of war, civilian evacuees, and perform civil defense duties;
c) Cooperate with the Self-Defense Force and other forces protecting military and state secrets; prevent and combat special warfare, espionage, and intelligence activities; protect construction projects, warehouses;
2. The People's Militia Self-Defense Force
a) The Chief of the Military Command Post at the commune level, the Military Command Post of organizations and units at the grassroots level, and the Self-Defense Force Commander shall cooperate with the Head of the Police Station at the commune level to develop plans to maintain political security and social order and safety in the area;
b) Cooperate with the police force to perform duties to maintain political security and social order and safety in rear bases, combat bases in defensive zones; systems of warehouses, constructions, evacuation sites for civilians, and other objectives; cooperate with forces in the area to prevent the schemes and tactics of domestic reactionary forces linking up with external hostile forces to cause riots and overthrow;
c) The Chief of the Military Command Post at the commune level, the Military Command Post of organizations and units at the grassroots level, and the Self-Defense Force Commander shall command subordinate forces to coordinate with other forces to eliminate enemy infiltrators, scouts, and means of entry into the area;
Chapter III
COORDINATION OF ACTIVITIES BETWEEN THE SELF-DEFENSE FORCE AND THE FOREST RANGER FORCES AND OTHER FORCES
Article 22. Command and control mechanisms during cooperative activities
1. Principles for coordinating activities between the Self-Defense Force and the Forest Ranger Forces in forest protection work shall be carried out according to Clause 5 of Article 31 of Decree No. 58/2010/NĐ-CP;
2. The Self-Defense Force shall cooperate with the Forest Ranger Forces to carry out ambushes, pursuit, escorting violators of forest laws, transporting confiscated items and vehicles, patrolling, inspecting forest protection, and fire prevention and extinguishing according to plans drafted primarily by the Forest Ranger Authority, under the direction of the Chairman of the People's Committee at the commune level, the heads of organizations and units at the grassroots level, the Chief of the Military Command Post at the commune level, the Military Command Post of organizations and units at the grassroots level, and the Self-Defense Force Commander commanding subordinate forces to perform forest protection duties as stipulated by law.
3. In cases where violations of forest protection laws and forest fires become complex, exceed the capacity of commune-level authorities to handle, or occur across multiple communes, the Forest Rangers of the area and the Head of the People's Militia Battalion at the same level, as well as the People's Militia Battalions of agencies and organizations operating in the area, shall seek guidance from higher-level forest protection agencies and military agencies, while advising the same-level Party Committee and administrative bodies; they shall command their forces to cooperate with police, military, self-defense forces, and other forces to provide support for handling situations according to plans from higher levels.
Article 23. Exchange and Processing of Information
1. The exchange and processing of information on forest protection between self-defense forces and forest rangers and other forces must ensure confidentiality, accuracy, and timeliness. When there are differing pieces of information, all parties must collaborate to verify them, report to the People's Committee of the commune, and simultaneously report upwards to higher levels and competent authorities. In urgent and necessary cases, reports may bypass levels, but must be reported to the immediate superior authority as soon as possible thereafter. Information exchange shall be conducted through written documents, telephone, email, or direct communication.
2. Content of Information Exchange Between Military Agencies and Forest Protection Agencies
a) Situations of violations of forest protection laws obtained by military agencies through reports from subordinate forces;
b) Plans for coordinated activities and results of forest protection operations by self-defense forces.
3. Content of Information Exchange Between Forest Protection Agencies and Military Agencies
a) General situation regarding forest protection within the management scope;
b) Hotspots of illegal deforestation, unauthorized logging, wildlife trade; key areas of forest fires, species, and areas at high risk of fire, and anticipated scenarios of potential forest fires to develop plans for coordinating prevention and firefighting efforts;
c) Situation of land allocation, forest allocation, shifting cultivation, and forest pests;
d) Plans for inspections of forest protection work by forest protection agencies and steering committees for urgent issues related to forest protection and firefighting;
đ) Other contents related to forest protection work and cooperation between the two forces.
Article 24. Coordination in Publicity, Training, and Instruction on Forest Protection
1. Annually and during each period, the Ministry of Agriculture and Rural Development shall take the lead, coordinate with the Ministry of National Defense to guide forest protection agencies at all levels to take the lead, coordinate with local military agencies at the same level to develop plans, implement, and inspect publicity, training, and instruction on forest protection for self-defense forces and subordinate forest protection forces in various regions.
2. The Ministry of Agriculture and Rural Development and the Ministry of National Defense shall coordinate with provincial People's Committees to guide the content, organization, and classification of publicity, training, and instruction on forest protection for self-defense forces and forest protection forces.
Article 25. Joint Activities in Forest Protection
1. Drills and Exercises for Firefighting
a) Annually, before the peak season for forest fires, forest protection agencies shall take the lead, coordinate with military agencies at the same level (at the commune level, the Forest Ranger Station shall take the lead, coordinating with the Head of the People's Militia Battalion of the commune) to organize drills and exercises for firefighting for forest protection forces and self-defense forces.
b) The Ministry of National Defense shall take the lead, coordinate with the Ministry of Agriculture and Rural Development to instruct local military agencies at all levels to organize self-defense forces to participate in drills and exercises for firefighting in coordination with forest protection forces;
c) The content, form, and methods of drills and exercises for firefighting shall be stipulated by the Ministry of National Defense and the Ministry of Agriculture and Rural Development.
2. Firefighting
a) Upon occurrence of a forest fire, self-defense forces and forest protection forces along with local forces must actively extinguish the fire, while notifying other forces to join in coordination;
b) When it is necessary to mobilize firefighting forces and equipment as prescribed by law, forest protection agencies shall take the lead, coordinate with military agencies (at the commune level, the Forest Ranger Station shall take the lead, coordinating with the Head of the People's Militia Battalion of the commune) to advise the same-level People's Committee to mobilize forces and equipment to participate in firefighting and mitigate the aftermath of forest fires.
3. Organization of Inspections and Sweeps Against Organizations and Individuals Engaging in Deforestation
Forest protection forces shall take the lead, coordinate with self-defense forces, forest owners, and other forces in the area to organize inspections and sweeps against organizations and individuals engaging in deforestation. Specifically:
a) Conduct inspections and sweeps at hotspots of violations of forest protection laws;
b) Deploy forces at forest gates, checkpoints, and concentrated points of timber transportation, processing, and trading;
c) Pursue and arrest individuals violating forest protection laws who attempt to evade capture, dispose of evidence, or obstruct law enforcement officers;
d) Inspect, dismantle, destroy various types of traps, hunting, shooting, capturing, and slaughtering of wild animals, and the use of illegal hunting weapons.
4. When discovering violators of forest protection laws and evidence, self-defense forces shall cooperate with forest protection forces to apprehend individuals, seize evidence, secure the scene, and report to competent authorities for resolution.
5. Forest protection agencies shall take the lead, coordinate with functional forces in the area to verify relevant information, serve as grounds for administrative penalties against individuals and organizations committing administrative offenses in forest management and timber management; enforce administrative penalty decisions and recover illegally felled forest areas.
Article 26. Responsibilities of Self-Defense Forces at the Grassroots Level and Forest Rangers
1. Responsibilities of Self-Defense Forces
a) Be thoroughly familiar with the distribution of each type of forest area and the dynamics of forests within the area;
b) Coordinate with Forest Ranger Stations to patrol and inspect forest protection and participate in resolving "hot spots" and specific incidents concerning forest protection at the grassroots level;
c) When performing duties to maintain political security and social order, they must combine these with forest protection duties;
d) When discovering organizations or individuals engaging in acts violating forest laws within their jurisdiction, they must prepare a record, immediately report to the Chairman of the People's Committee at the commune level, the head of agencies or organizations based in that area, and inform the Forest Rangers in charge of that area to coordinate in handling the situation.
2. Responsibilities of the Forest Rangers in Charge of the Area
a) To be well-informed and regularly exchange and provide information to the Chief of the Militia Self-Defense Force at the commune level, the Militia Self-Defense Force of agencies or organizations based in that area, and the Militia Self-Defense Force leaders regarding the allocation of areas for each type of forest, the development of forests within their jurisdiction, and state regulations on forest protection;
b) To take the lead and cooperate with the Chief of the Militia Self-Defense Force at the commune level, the Militia Self-Defense Force of agencies or organizations based in that area, and the Militia Self-Defense Force leaders to advise the Chairman of the People's Committee at the commune level, the heads of agencies or organizations based in that area on developing plans for protecting forests under their management;
c) To take the lead and cooperate with the Chief of the Militia Self-Defense Force at the commune level, the Militia Self-Defense Force of agencies or organizations based in that area, and the Militia Self-Defense Force leaders to advise the Chairman of the People's Committee at the commune level, the heads of agencies or organizations based in that area on dealing with organizations or individuals who violate administrative regulations on forest protection according to the law.
Chapter IV
IMPLEMENTATION
Article 27. Effectiveness
1. This Decree shall take effect from August 27, 2010.
2. All previous provisions concerning the coordination of activities between the militia self-defense forces and the communal police force in maintaining political security and social order and safety, and between the forest rangers and the militia self-defense forces in protecting forests, which conflict with this Decree, are hereby abolished.
Article 28. Responsibility for Implementation
The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial and centrally governed city People's Committees, heads of organizations, and related individuals are responsible for implementing this Decree./.
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