Circular No. 74/2011/TT-BCA amending and supplementing certain points of Circular No. 21/2007/TT-BCA dated October 9, 2007 of the Ministry of Public Security guiding the implementation of certain provisions of Decree No. 12/2007/NĐ-CP dated January 17, 2007 on citizens serving for a limited term in the People's Public Security Force.

CIRCULAR

Amending and supplementing some points of Circular No. 21/2007/TT-BCA(X13) dated October 9, 2007

of the Ministry of Public Security guiding the implementation of certain provisions of Decree No. 12/2007/NĐ-CP

dated January 17, 2007 on citizens serving for a limited term in the People's Public Security Forces

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Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 12/2007/NĐ-CP dated January 17, 2007 of the Government stipulating on citizens serving for a limited term in the People's Public Security Forces;

Pursuant to Resolution No. 61/NQ-CP dated December 17, 2010 of the Government on simplifying administrative procedures within the scope of management functions of the Ministry of Public Security;

The Minister of Public Security amends and supplements some points of Circular No. 21/2007/TT-BCA(X13) dated October 9, 2007 guiding the implementation of certain provisions of Decree No. 12/2007/NĐ-CP dated January 17, 2007 on citizens serving for a limited term in the People's Public Security Forces as follows:

Article 1. Amend Point b Clause 1.1 Section 1 as follows:

“b) Recruitment for units: Command of Guard Service, Command of Mobile Police Force, General Bureau of Protection: citizens from 18 years old to 22 years old.”

Article 2. Amending and supplementing Section 3 as follows:

“3. Recruitment procedures (Clause 2, Article 6)

3.1. Recruitment procedures for citizens serving for a limited term in the People's Public Security Forces at provincial-level public security organs shall be carried out in accordance with Clause 1, Article 6 of Decree No. 12/2007/NĐ-CP dated January 17, 2007 of the Government stipulating on citizens serving for a limited term in the People's Public Security Forces.

3.2. Provincial-level public security organs shall establish a Recruitment Examination Board consisting of:

- Chairman of the Board: Deputy Director of the provincial-level public security organ responsible for force building work.

- Vice-Chairman: Head of the Personnel Department.

- Members are representatives of leaders of district-level public security organs, city-level public security organs under provinces; units: Criminal Investigation Police Department; Criminal Enforcement Police Department and Judicial Assistance; Fire Prevention and Fighting Police Department; Search and Rescue Police Department; Logistics and Technical Department; Logistics Department (where there is a separate Logistics Department); Temporary Detention Center; representatives of units under the Ministry of Public Security recruiting in the locality: Criminal Investigation and Judicial Assistance General Bureau, Guard Service Command, Mobile Police Force Command, Criminal Investigation General Bureau, Protection General Bureau, Office of the Criminal Investigation Police Department under the Ministry of Public Security and representatives of the Fire Prevention and Fighting Department (in localities with a Fire Prevention and Fighting Department).

For the Public Security Organs of Hanoi City and Ho Chi Minh City, there will also be representatives from units: Protection Police Department, Mobile Police Regiment, Health Department.

a) Units under the Ministry and the Fire Prevention and Fighting Department recruiting in the locality shall send representatives to participate in the Recruitment Examination Board of the provincial-level public security organ to participate in the examination and recruitment of citizens serving for a limited term in the People's Public Security Forces according to the assigned quota and standards.

After receiving citizens serving for a limited term, within 30 days (counted from the date of handover/receipt of citizens), if any cases are found not meeting the prescribed standards, then the Heads of Units, Directors of the Fire Prevention and Fighting Departments shall issue a letter to the provincial-level public security organ, the People's Committee of the commune where the citizen has permanent residence before being recruited to serve for a limited term in the People's Public Security Forces (the letter clearly states the reasons) and send officials directly to return the citizen to the People's Committee of the commune. At the same time, the Heads of Units, Directors of the Fire Prevention and Fighting Departments shall contact the Recruitment Board of the local public security organ to recruit other cases to ensure the assigned quota.

b) The decision on recruitment of citizens serving for a limited term in the People's Public Security Forces shall be handed over to the citizen at least 15 days prior to the date when the citizen must be present at the provincial-level public security organ to implement the decision. The citizen must be present at the time and place specified in the recruitment decision. In case of absence or late arrival, confirmation from the People's Committee of the commune is required.

c) The decision on recruitment of citizens serving for a limited term in the People's Public Security Forces shall be in a format prescribed by the Ministry of Public Security and sent to the successful candidate one copy, the People's Committee of the commune where the citizen has permanent residence one copy, kept in the individual file one copy, and each related unit one copy.

3.3. Organizing the ceremony for handing over and receiving citizens serving for a limited term in the People's Public Security Forces

a) Before organizing the ceremony for handing over and receiving citizens serving for a limited term in the People's Public Security Forces, units and localities must provide new recruits with the following uniforms: one set of K82 soldier's clothes, one hard hat with police insignia, one pair of canvas shoes, one pair of socks, one towel, one large belt, one small belt, one three-compartment backpack, one red plain badge + small police insignia 18 mm.

b) Provincial-level public security organs shall organize the ceremony for handing over and receiving citizens serving for a limited term in the People's Public Security Forces in accordance with the guidance of the General Bureau of Public Security Force Building.

3.4. After organizing the ceremony for handing over and receiving citizens serving for a limited term in the People's Public Security Forces, within no more than five days, the public security units and localities must organize the opening of the new recruit training course.”

Article 3. Amend Item 4 as follows:

"4. Authority and time for conferring and promoting ranks for non-commissioned officers and soldiers serving on a fixed term in the People's Public Security (Point a Clause 1 Article 8)

4.1. The Commander, Director of Departments and equivalent positions, Director of Fire Prevention and Fighting Police Department, Director of Provincial Police, Municipality under the Central Government decide to confer the rank of Private Second Class for soldiers serving on a fixed term from the day the new soldier training course commences; specifically, the Criminal Investigation General Corps shall be decided by the Chief of the General Corps.

Non-commissioned officers and soldiers under the Command of Guard, Investigation Security Department confer and promote the rank of People's Security Officer.

Non-commissioned officers and soldiers under the Fire Prevention and Fighting Police Department, Provincial Police, Municipality under the Central Government and units: Criminal Investigation General Corps, Mobile Police Command, Protective Police Department, Office of the Criminal Police Investigation Department of the Ministry of Public Security confer and promote the rank of People's Police Officer.

After six months from the date of conferring the rank of Private Second Class, they will be eligible for promotion to the rank of Private First Class; six months from the date of promotion to the rank of Private First Class, they will be eligible for promotion to the rank of Corporal. The period for considering further promotions for non-commissioned officers and soldiers serving on a fixed term is calculated in full years (twelve months).

4.2. The training program for soldiers serving on a fixed term in the People's Public Security shall be implemented according to the regulations of the Ministry. Heads of units: Criminal Investigation General Corps, Guard Command, Mobile Police Command, Investigation Security Department, Protective Police Department, Office of the Criminal Police Investigation Department of the Ministry of Public Security, Director of Fire Prevention and Fighting Police Department, Director of Provincial Police, Municipality under the Central Government organize the implementation of the entire new soldier training program at their respective training facilities."

Article 4. Amend Point d Clause 6.2 Item 6 as follows:

"d) Non-commissioned officers and soldiers are not allowed to marry during their service on a fixed term in the People's Public Security. In special cases where parents or grandparents suffer from incurable diseases or due to ethnic minority customs that cannot be postponed until the end of the service period, they must report to the Commander, Director of Departments and equivalent positions, Director of Fire Prevention and Fighting Police Department, Director of Provincial Police, Municipality under the Central Government for decision; specifically, the Criminal Investigation General Corps shall be decided by the Chief of the General Corps. Procedures and documents shall be carried out as for professional officers and soldiers getting married."

Article 5. Amend Point b Clause 7.4 Item 7 as follows:

"b) Early discharge procedures

- For cases where they are not physically fit to continue serving:

+ Non-commissioned officers and soldiers submit a request.

+ The Director of Fire Prevention and Fighting Police Department, Director of Provincial Police, Municipality under the Central Government issue a letter requesting the Provincial Medical Board to examine and conclude.

For units: Criminal Investigation General Corps, Guard Command, Mobile Police Command, Investigation Security Department, Protective Police Department, Office of the Criminal Police Investigation Department of the Ministry of Public Security, the Chief of the General Corps, Commander, Director of Departments and equivalent positions issue a letter requesting the Medical Board of the Ministry of Public Security to examine and conclude.

+ The conclusion that they are not physically fit to continue serving in the People's Public Security of the Provincial Medical Board or the Medical Board of the Ministry of Public Security.

Based on the conclusion of the Medical Board, the Chief of the General Corps, Commander, Director of Departments and equivalent positions, Director of Fire Prevention and Fighting Police Department, Director of Provincial Police, Municipality under the Central Government decide on early discharge for non-commissioned officers and soldiers.

- For cases with difficult family circumstances requiring early discharge:

+ Non-commissioned officers and soldiers submit a request.

+ The People's Committee of the commune where the non-commissioned officer or soldier resides confirms and requests.

Based on the regulations of the Ministry and the actual circumstances of non-commissioned officers and soldiers serving on a fixed term, the Chief of the General Corps, Commander, Director of Departments and equivalent positions, Director of Fire Prevention and Fighting Police Department, Director of Provincial Police, Municipality under the Central Government decide on early discharge for non-commissioned officers and soldiers."

Article 6. Effectiveness

This Circular takes effect from December 26, 2011.

Article 7. Responsibility for Implementation

Comrades: Chiefs of General Corps, Heads of subordinate units under the Ministry, Directors of Fire Prevention and Fighting Police Department, Directors of Provincial Police, Municipality under the Central Government are responsible for implementing this Circular./.