Luật Công an nhân dân năm 2018 số 37/2018/QH14 áp dụng năm 2024

LAW

PEOPLE’S PUBLIC SECURITY FORCE

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly hereby promulgates the Law on People’s Public Security Force

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for the principles of organization and operation; positions, functions, duties and powers; assurance of operational conditions, regimes and policies for the People's Public Security Force; responsibilities of relevant entities and persons.

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For the purposes of this Law, terms used herein shall be construed as follows:

1. National security protection means preventing, detecting, controlling and fighting the infringement upon national security, and eliminating the threat of national security.

2. Guarantee of social order and safety means preventing, detecting, controlling and combating crimes and violations of law on social order and safety.

3. Operational officer or non-commissioned officer means a Vietnamese citizen who is recruited, trained, coached and works in different operation fields of the People’s Public Security Force, and is bestowed and promoted to the rank of general, field officer, company officer or non-commissioned officer.

4. Specialist and technical officer or non-commissioned officer means a Vietnamese citizen who is recruited, works in different technical fields of the People’s Public Security Force, and is bestowed and promoted to the rank of field officer, company officer or non-commissioned officer.

5. Non-commissioned officer or conscript means a Vietnamese citizen who is conscripted to join the People’s Public Security Force, is bestowed and promoted to the rank of sergeant-major, sergeant, corporal, first-class private or private.

6. Public security worker means a Vietnamese citizen who has professional and technical qualifications, is recruited to the People’s Public Security Force but is not permissible to be bestowed to the rank of officer, non-commissioned officer or serviceman.

Article 3. Position of the People’s Public Security Force

The People’s Public Security Force shall be designated as the core of the people’s armed forces in performing duties to protect national security and maintain social order and safety, and fight for prevention and control of crimes or violations of law on national security, order or social safety.

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1. Be put under the ultimate and direct leadership of the Communist Party of Vietnam in all aspects, the domination of the State President, the unified State management of the Government and the direct command and administration of the Minister of Public Security.

2. Be organized in a centralized and uniform manner and according to the administrative hierarchy from the central to grassroots levels.

3. Abide by the Constitution and law; the subordinates shall submit to the superiors; they shall rely on the People and be subject to the supervision by the People; protect the interests of the State, and the lawful rights and interests of organizations and individuals.

Article 5. Building of the People’s Public Security Force

1. The State shall build People’s Public Security Force to become revolutionary, regular, elite and gradually modernized; prioritize the modernization of certain forces.

2. Entities and citizens shall be held responsible for getting involved in building the immaculate and powerful People's Public Security Force.

Article 6. Traditional day of the People’s Public Security Force

The 19^th day of August every year shall be selected as the annual traditional day of the People's Public Security Force and the All-people National Defense's Day.

Article 7. Recruitment of citizens into the People’s Public Security Force

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2. The People’s Public Security Force shall be given priority in recruiting outstanding cadets graduating from higher education establishments and vocational training centers who are fully eligible to be trained to join the People’s Public Security Force.

3. The Minister of Public Security shall provide specific provisions of this Article.

Article 8. Obligation to join the People’s Public Security Force

1. A citizen’s fulfillment of the obligation to join the People’s Public Security Force means that he/she has performed their obligation to defend the Fatherland during his/her service in the people’s armed force. Annually, the People’s Public Security Force may recruit citizens within age for service into the People’s Public Security Force for a period of 24 months. The Minister of Public Security shall be accorded authority to extend the period of service of non-commissioned officers and conscripts to no more than 06 months in the following cases:

a) Extension of the period of service serves the purpose of being ready to fight;

b) Extension of the period of service may be granted if they are performing natural disaster or epidemic prevention and control or rescue tasks.  

2. The procedures for recruitment of eligible citizens into the People’s Public Security shall be similar to the procedures for recruitment of citizens eligible to perform active military duty.

3. The Government shall elaborate on clause 2 of this Article.

Article 9. Service regimes applicable to officers, non-commissioned officers and conscripts of the People’s Public Security Force and public-security workers

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2. After being discharged from the People’s Public Security Force, persons who have served in the People’s Public Security Force shall perform military duty as holders of reserve titles as per law.

Article 10. Supervision of activities of the People’s Public Security Force

1. The National Assembly, National Assembly’s Standing Committee, Ethnic Council, delegations of National Assembly deputies, National Assembly deputies, People’s Councils and People’s Council’s Standing Committees, People’s Council’s Committees, delegations of People’s Council’s deputies and People’s Council’s deputies shall, within the scope of their respective tasks and powers, supervise the activities of the People’s Public Security Force.

2. The Vietnam Fatherland Front and its member organizations shall, within their duties and powers, propagate and mobilize people from all social strata to participate in the “All People Protect the National Security” movement, cooperate and collaborate with and assist the People’s Public Security Force in performing their tasks and building the People’s Public Security Force, and supervising the implementation of the law on the People’s Public Security.

Article 11. Coordination between the People’s Army, the Militia and Self-Defense Force and the People’s Public Security Force

The People’s Army and the Militia and Self-Defense Force shall closely cooperate with the People’s Public Security Force in protecting the national security, maintaining the social order and safety, preventing, controlling and fighting crimes or violations of law on national security, social order and safety, and building the People’s Public Security Force.

The Government shall issue specific provisions of this Article.

Article 12. Responsibilities of the Government, ministries and central administrations for protection of national security protection, maintenance of social order and safety, combat against, prevention and control of crimes and violations of laws and building of the People’s Public Security Force

1. The Government shall be responsible for carrying out the uniform state management of protection of national security, maintenance of social order and safety, combat against, prevention and control of crimes and violations of law, and construction of the People's Public Security Force; implementing its duties and powers under the provisions of the Constitution and relevant laws.

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3. Ministries and central administrations shall, within their duties and powers, assume responsibility to cooperate with the Ministry of Public Security in the state management of protection of national security, maintenance of social order and safety, combat against, prevention and control of crimes and violations of law, and construction of the People's Public Security Force, and implement the following duties and powers:

a) Promulgate or submit to competent authorities for promulgation of legislative documents, directives and instructional documents on the implementation of tasks prescribed in this Law and other relevant law provisions;

b) Cooperate with the Ministry of Public Security in organizing the implementation of state strategies, planning schemes, plans, national target programs, security and order proposals according to their assigned tasks;

c) Preside over and cooperate with the Ministry of Public Security and the concerned agencies and organizations in closely connect socio-economic, defense and foreign relation development tasks with security ones in the process of developing and implementing planning schemes, plans, national target programs and projects in the industries and domains under their delegated authority to ensure they are in line with the strategies for protection of national security, maintenance of social order and safety and building of the People's Public Security Force;

d) Participate in the building of the all-people security system and the people’s security posture associated with the all-people national defense and the all-people national defense posture, and the building of the people's armed forces under the provisions of law, directions and instructions given by competent authorities;

dd) Preside over or cooperate with the Ministry of Public Security on a regular or irregular inspection, audit, preliminary and final review of the implementation of security and order protection tasks under their authority;

e) Implement other tasks and powers regarding protection of national security, maintenance of social order and safety according to law provisions.

Article 13. Responsibilities of People's Councils and People's Committees at all levels for the protection of national security, the maintenance of social order and safety and the building of the People’s Public Security Force

1. People’s Councils at all levels shall, within their duties and powers, have the following responsibilities:

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b) Decide on policies and guidelines for promotion of the potentialities of their localities in building the people’s security system and the people’s security posture associated with reinforcement of the all-people national defence and the all-people national defence posture, and building of potentialities for protection of national security and maintenance of social security and safety;

c) Decide on policies and guidelines for building of mass organizations involved in protection of security and order at the grassroots level; decide on policies and measures to closely combine reinforcement and promotion of security with socio-economic development; closely combine socio-economic development with reinforcement and promotion of security; closely combine security with national defence and foreign relation within their localities;

d) Decide on the state budget expenditures on assurance of fulfillment of duties to protect national security, maintain social order and safety within their localities;

dd) Supervise the compliance with the Constitution and laws, and the implementation of resolutions of the People's Councils on protection of national security, maintenance of social order and safety in their respective localities;

e) Implement other tasks and powers regarding protection of national security, maintenance of social order and safety according to law provisions.

2. People’s Committees at all levels shall, within their duties and powers, have the following responsibilities:

a) Promulgate legislative documents under its competence to undertake the tasks of protection of national security, maintenance of social order and safety under law provisions and resolutions of the same-level People's Councils, and tasks of protection of national security, maintenance of social order and safety which are assigned by competent authorities; carry out the state management of protection of national security, maintenance of social order and safety within their respective localities;

b) Direct and undertake the building of the people’s security system and the people’s security posture associated with reinforcement of the all-people national defence and the all-people national defence posture, and the building of potentialities for protection of national security and maintenance of social security and safety; perform the tasks of educating national defence and security in their respective localities;

c) Submit to the People's Council at the same level the budget estimates for fulfillment of the tasks of protection of national security, maintenance social order and safety; direct and organize the implementation of the resolutions of the People's Councils at the same level on the state budget allocations for fulfillment of the tasks of protection of national security, maintenance of social order and safety in their respective localities;

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dd) Cooperate with the Vietnam Fatherland Front and its member organizations, relevant agencies and organizations in performing the tasks of protection of national security, maintenance of social order and safety, and engaging in the building of the People’s Public Security Force within their respective localities;

e) Organize the inspection, audit and resolution of complaints, denunciations and the handling of violations of law, preliminary and final review, emulation and rewarding related to implementation of the tasks of protection of national security, maintenance of social order and safety, and building of the People's Public Security Force in their respective localities;

g) Implement other tasks and powers regarding protection of national security, maintenance of social order and safety according to law provisions.

Article 14. Responsibilities of, regimes and policies for entities and persons participating in, cooperating, collaborating with and supporting the People’s Public Security Force

1. Agencies, organizations and individuals operating within the territory of the Socialist Republic of Vietnam and overseas Vietnamese agencies, organizations and citizens shall have the responsibility to participate in, cooperate and collaborate with and support the People's Public Security Force to perform their functions, duties and powers as prescribed by law.

2. Agencies, organizations and individuals that participate in, cooperate and collaborate with and support the People's Public Security Force in protecting national security, maintaining social order and safety, fighting, preventing and controlling crimes and violations of law shall be protected and prevented from being known to the public in accordance with laws.

3. If agencies, organizations and individuals that participate in, cooperate, collaborate with and support the People's Public Security Force in protecting national security, maintaining social order and safety, fighting, preventing and controlling crimes and violations of law show their excellent performance, they shall be commended and rewarded; if their honor is damaged, it will be reinstated; if their property is lost or damaged, they will be compensated; If they are injured or their health and lives are harmed, they themselves and their families shall be entitled to regimes and policies prescribed by law.

Chapter II

FUNCTIONS, TASKS AND POWERS OF THE PEOPLE’S PUBLIC SECURITY FORCE

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The People’s Public Security Force shall function to advise the Party and the State on national security protection, social order and safety maintenance and crime prevention and fighting; carry out the state management of protection of national security, maintenance of social order and safety, combat against, prevention and control of crimes and violations of laws on national security, social order and safety; prevent and combat plots and activities of hostile forces, crimes and violations of law related to national security, social order and safety.

Article 16. Tasks and powers of the People’s Public Security Force

1. Collect information, analyze, assess and forecast the situation and recommend the Party and the State to promulgate, and direct the implementation of, guidelines, policies, laws and strategies on national security protection, social order and safety maintenance, combat against, prevention and control of crimes and violations of law on national security, social order and safety; participate in appraising and assessing impacts on national security, social order and safety that may result from socio-economic development plans, proposals and projects in accordance with laws; closely combine the tasks of national security protection, social order and safety maintenance, combat against, prevention and control of crimes and violations of laws on national security, social order and safety with the tasks of socio-economic development; effectively combine security activities with national defense and external relation activities.

2. Actively prevent, detect, stop and frustrate plots and activities of infringing upon the national security, eliminating any threats to the national security; defend the national independence, sovereignty, unity and territorial integrity of the Homeland; protect the Party, the State, the People and the socialist regime; protect the political security and security in the fields of ideology, culture, economy, national defense, external relation, communication, society, environment and science and technology; safeguard other national interests; protect the national great solidarity; protect the lives, health, honor, dignity, property, freedom and democracy of citizens, and the lawful rights and interests of agencies, organizations and individuals.

3. Carry out intelligence activities in accordance with laws.

4. Protect high-ranking Party and State leaders, international guests visiting and working in Vietnam; protect important political, economic, diplomatic, scientific- technical, cultural and social events and targets; protect key works related to national security, representative offices of foreign countries or international organizations in Vietnam; protect individuals keeping or being closely related to state secrets; protect special shipments in accordance with law.

5. Manage the protection of national security and state secrets; preside over managing immigration, transit and stay of foreigners in Vietnam; control cross-border entry and exit of Vietnamese citizens under provisions of laws; control cross-border entry, exit and transit in accordance with  laws; cooperate with the People’s Army, concerned sectoral administrations and local authorities in the management and protection of national boundaries, bordergates, islands, territorial waters, airspace, perform the tasks of protection of national security, maintenance of social order and safety at border areas in accordance with laws and treaties to which the Socialist Republic of Vietnam is a party and other relevant international agreements.

6. Carry out the management of cybersecurity, protection of cybersecurity and prevention and control of cybercrimes in accordance with laws.

7. Manage the crime investigation, prevention and fighting. Take the main charge of performing the tasks of preventing and combating terrorism and riots and dealing with complicated circumstances related to national security, social order and safety in accordance with law. Actively prevent, detect, frustrate and fight crimes and violations of law on social order and safety, and protect environment, natural resources and safety of environment-related foods; receive and settle reports and denunciations related to crimes, and recommend starting legal actions; proceed against and investigate crimes in accordance with law; carry out the crime statistics; identify causes and conditions giving rise to crimes and violations of law related to social order, safety, environmental protection and recommend remedies; provide community education for persons committing violations of law in accordance with law.

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9. Administer penalties and handling of administrative violations arising in the field of national security, social order and safety; impose administrative sanctions and implement administrative actions according to law provisions; maintain security and order for execution of enforcement decisions upon the request of competent agencies.

10. Administer residency and national population database, national ID database, seals, traffic order and safety, public order, weapons, explosives, explosive precursors, supporting instruments, fire prevention and fighting, rescue and emergency response in accordance with law; issue and manage citizen identity cards and other personal identity documents; register, grant and manage license plates of road vehicles; implement the tasks of fire prevention and fighting, rescue and salvation, management of security and order in sectors and industries subject to investment and business requirements in accordance with law.

11. Preside over and cooperate in managing, executing propaganda and educational programs for protection of national security, maintenance of social order and safety maintenance, combat against, prevention and control of crimes and violations of law on national security, social order and safety; guide, inspect, audit and settle complaints and denunciations, and handle violations arising from protection of the national security, maintenance of the social order and safety, and combat against, prevention and control of crimes and violations of laws on national security, social order and safety.

12. Act as the core force in building the people’s security system and the people’s security posture, and building all-people movements of protection of the Homeland’s security. Provide agencies and organizations with guidelines for protecting the internal political security, economic, ideological-cultural security, cybersecurity, information and communication security, social security and environmental security.

13. Provide operational guidance and training and legal knowledge training for mass organizations participating in protection of security and order at the grassroots level, neighborhood protection, people’s defence forces, office and enterprise protection forces in accordance with law.

14. Apply mass mobilization, legal, diplomatic, economic, scientific - technical, operational, armed measures to protect national security, maintain social order and safety, combat, prevent and control crimes and violations of laws on national security, social order and safety.

15. Use weapons, explosives, supporting instruments, force, technical and other means to attack and pursue criminals, stop persons who are committing crimes or other illegal acts, and perform legitimate acts of self-defense in accordance with law.

16. Decide or petition for the termination and temporary suspension of activities of agencies, organizations or individuals that commit acts of causing harm to, or threatening to cause harm to, national security, social order and safety; request agencies, organizations and individuals to provide information, documents and objects when there are grounds to determine that they are involved in activities of infringing upon national security, social order and safety in accordance with law. Lawfully mobilize and appropriate communication equipment, vehicles, other means and users or operators thereof in case of urgent actions that need to be taken to protect the national security, social order and safety, or prevent any existing or potential damage to society.

17. Implement measures for national security protection, social order and safety maintenance in case of war, emergence or potential risk to national security, social order and safety not to the extent that the state of emergency needs to be declared.

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19. Develop the People’s Public Security Force towards a revolutionary, formal, elite, gradually modern force with preference in modernization given to its affiliates; pay its key roles in performing duties to protect national security and maintain social order and safety, and fight for prevention and control of crimes or violations of law on national security, order or social safety.

20. Perform international obligations; implement international cooperation in fighting for the prevention and control of crimes, national security protection, social order and safety maintenance, and building the People's Public Security Force; render mutual legal assistance in criminal matters according to the provisions of law. The Ministry of Public Security shall be the central body representing the Socialist Republic of Vietnam in carrying out expatriation and transfer of prisoners.

21. Implement other duties and powers as stipulated by law.

Chapter III

ORGANIZATION OF THE PEOPLE’S PUBLIC SECURITY FORCE

Article 17. Organizational system of the People’s Public Security Force

1. The organizational system of the People’s Public Security Force shall be composed of:

a) The Ministry of Public Security;

b) The Departments of Public Security of provinces and centrally run cities;

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d) The Public Security Offices of communes, wards or townships.

2. The Government shall elaborate on the building of the regular Public Security forces of communes or townships.

3. In order to meet requirements concerning protection of national security, maintenance of social order and safety, the Minister of Public Security shall decide to establish Public Security posts, stations and independent units located in necessary areas.

Article 18. Authority to regulate the functions, tasks, powers and organizational structure of the People’s Public Security Force

1. The Government shall regulate the functions, duties, powers and organizational structure of the Ministry of Public Security.

2. The Minister of Public Security shall regulate the functions, duties, powers and operational machinery of affiliates of the Ministry of Public Security, Departments of provinces and centrally-affiliated cities, Public Security Divisions of rural districts, urban districts, townships, provincially-affiliated cities, cities controlled by centrally-affiliated cities, Public Security Offices of communes, wards, townlets and other forces under the authority of the People's Public Security Force.

Article 19. Commanders in the People’s Public Security Force

1. The Minister of Public Security shall be the chief commander of the People’s Public Security Force.

2. Inferior public security commanders shall take responsibility before superior public security commanders for the organization and operation of public security units under their authority. Local public security commanders must be answerable to superior public security commanders and to the Party Committees and other authorities of the same level.

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In case where officers, non-commissioned officers and conscripts hold higher positions but have equivalent or lower ranks, they shall be superiors of officers, non-commissioned officers or conscripts having equivalent or higher ranks but holding lower positions.

Chapter IV

OFFICERS, NON-COMMISSIONED OFFICERS AND CONSCRIPTS OF THE PEOPLE’S PUBLIC SECURITY FORCE

Article 20. Classification and placement of officers, non-commissioned officers and conscripts of the People’s Public Security Force

1. Based on the nature of their duties, they shall be classified into the followings:

a) Operation officers and non-commissioned officers;

b) Technical officers and non-commissioned officers;

c) Non-commissioned officers and conscripts.

2. The Minister of Public Security shall elaborate on the classification and placement of officers, non-commissioned officers and conscripts of the People’s Public Security Force based on the nature of their duties.

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1. Operation officers and non-commissioned officers:

a) General officers subdivided into 04 grades:

General;

Senior Lieutenant General;

Lieutenant General;

Major General;

b) Field officers subdivided into 04 grades:

Colonel;

Senior Lieutenant Colonel;

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Major;

c) Company officers subdivided into 04 grades:

Captain;

Senior Lieutenant Captain;

Lieutenant;

Second Lieutenant;

d) Non-commissioned officers subdivided into 03 grades:

Sergeant major;

Sergeant;

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2. Technical officers and non-commissioned officers:

a) Field officers subdivided into 03 grades:

Senior Lieutenant Colonel;

Lieutenant Colonel;

Major;

b) Company officers subdivided into 04 grades:

Captain;

Senior Lieutenant Captain;

Lieutenant;

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c) Non-commissioned officers subdivided into 03 grades:

Sergeant major;

Sergeant;

Corporal.

3. Enlisted non-commissioned officers and members:

a) Enlisted non-commissioned officers subdivided into 03 grades:

Sergeant major;

Sergeant;

Corporal;

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First-class private;

Private.

Article 22. Candidates, conditions and time limits for consideration of bestowal and promotion of ranks and grades of officers, non-commissioned officers and conscripts in the People's Public Security Force

1. Candidates eligible for consideration of bestowal of ranks and grades:

a) After graduation, cadets offered stipends for their study in People’s Public Security education establishments shall be entitled to the bestowal of the following ranks and grades:

Cadets holding bachelor degrees may hold the rank of second lieutenant; <0}

Cadets holding associate degrees may hold the rank of sergeant;

Cadets attaining excellent outcomes upon graduation may be granted the rank which is one grade higher than the one that other cadets usually hold; 

b) Cadres, civil servants or graduates from higher education establishments and vocational education establishments who are recruited into the People’s Public Security Force, shall be entitled to the bestowal of ranks corresponding to their respective training qualifications, working seniority, assigned tasks and salary grades;

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2. Conditions for rank promotion consideration:

People’s Public Security officers, non-commissioned officers and conscripts may get rank promotion if they satisfy the following conditions:

a) Fulfilling their tasks, fully meeting political, moral quality, professional qualification and health criteria;

b) Their current ranks are lower than the highest ranks as provided by regulations on the positions and titles they are holding;

c) Having fully gone through the time limit for rank promotion consideration specified in clause 3 of this Article.

3. Rank promotion consideration time limits:

a) Operation officers and non-commissioned officers:

Promotion from Corporal to Sergeant: 01 year;

Promotion from Sergeant to Sergeant Major: 01 year;

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Promotion from Second Lieutenant to Lieutenant: 02 years;

Promotion from Lieutenant to Senior Lieutenant: 03 years;

Promotion from Senior Lieutenant to Captain:  03 years;

Promotion from Captain to Major: 04 years;

Promotion from Major to Lieutenant Colonel: 04 years;

Promotion from Lieutenant Colonel to Senior Lieutenant Colonel: 04 years;

Promotion from Senior Lieutenant Colonel to Colonel: 04 years;

Promotion from Colonel to Major General: 04 years;

The minimum time limit for consideration of promotion of each general rank shall be 4 years;

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c) The Minister of Public Security shall regulate the time limits for consideration of promotion of enlisted non-commissioned officer and member ranks;

d) The period during which officers, non-commissioned officers and servicemen study at educational establishments shall be counted into the rank promotion consideration time limit; as for officers or non-commissioned officers or members who are demoted, if they make progress within one year after their demotion, they may be considered rank promotion.

4. The maximum age of an officer to be eligible for consideration of rank promotion from colonel to major general shall be 57; may be higher in case of being requested under the State President’s decision.

Article 23. Rank promotion ahead of time and rank promotion beyond the prescribed rank

1. People’s Public Security officers, non-commissioned officers or servicemen who record especially outstanding achievements in national security protection, social order and safety maintenance, crime prevention and fighting, scientific research or study and whose current ranks are lower than the highest ranks prescribed for the positions or titles they are holding respectively, shall be considered rank promotion ahead of time.

2. People’s Public Security officers, non-commissioned officers or men who record especially outstanding achievements in national security protection, social order and safety maintenance or prevention and fighting of crimes and violations of laws, and whose current ranks are two grades or more lower than the highest ranks prescribed for the positions or titles they are holding respectively, shall be considered rank promotion beyond the prescribed rank, but not beyond the highest ranks prescribed for the positions or titles they are holding.

3. The State President shall decide on the rank promotion ahead of time and rank bestowal and promotion beyond the prescribed rank for the general rank. The Minister of Public Security shall decide on the rank promotion ahead of time and rank promotion beyond the prescribed rank for the rank of colonel or lower.

Article 24. Positions and titles of People’s Public Security officers

1. Basic positions of officers shall include:

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b) Department Director, Commander;

c) Director of the Department of Public Security of a province and centrally run city;

d) Head of a People’s Public Security Division; Head of a People’s Public Security Office of a rural district, urban district, town or provincial city; Regiment Head;

dd) Leader of a People’s Public Security team; Head of a People's Public Security Office; Battalion Head;

e) Company Leader;

g) Platoon Leader;

h) Squad Leader.

2. Positions equivalent to those specified in points b, c, d, dd, e, g and h of clause 1 of this Article and the rest of positions or titles in the People’s Public Security Force shall be subject to regulations adopted by the Minister of Public Security.

3. Professional titles and qualifications of professional titles of officers of the People’s Public Security Force shall be regulated by the Minister of Public Security under provisions of laws.

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1. Highest ranks in positions and titles of People’s Public Security officers shall be subject to the following regulations:

a) General rank: Minister of Public Security; 

b) Senior Lieutenant General rank: Deputy Minister of Public Security. The maximum number shall be 06;

c) As for the Lieutenant General rank, the maximum number shall be 35, including:

The Director, the Commander and the equivalent of the affiliate directly controlled by the Ministry of Public Security that has one of the following criteria: having the functions and tasks of giving strategic counsels, coordinating with the ministries, branches and localities; having a vertically-arrange organization structure of the People’s Public Security Force, operating on a nationwide scale, directly leading or cooperating in implementing national security protection tasks, maintaining social order and safety, and fighting, preventing and controlling crimes; having the function of professionally researching, guiding and managing the entire force;

The Standing Vice Chairman of the Inspection Commission of the Central Public Security Party Committee;

Director of the Political Academy of the People’s Public Security Force, Director of the People’s Public Security Academy, Director of the People's Police Academy;

Director of the Department of Public Security of Hanoi and Director of the Department of Public Security of Ho Chi Minh city;

People's Public Security officer on secondment approved to hold the post of Deputy Chairman of the National Assembly's Defense and Security Committee or appointed as a Deputy Minister or equivalent;

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Directors of units directly controlled by the Ministry of Public Security and equivalent positions and titles, except for the case specified at point c of clause 1 of this Article;

Directors of Departments of Public Security of provinces and centrally-affiliated cities located at localities classified as a first-class provincial administrative unit and areas which are important, complicated in terms of security, order, cover a wide or densely-populated area. The maximum number shall be 11;

Vice Chairman of the Inspection Commission of the Central Public Security Party Committee. The maximum number shall be 03;

Vice Directors of Departments or Deputy Commander and equivalent position holders of units directly controlled by the Ministry of Public Security as specified at point c of clause 1 of this Article. There shall be the maximum number of 04 position holders in 17 units and the maximum number of 03 position holders in the rest of units;

Vice Directors of Department of Public Security of Hanoi and Vice Directors of Department of Public Security of Ho Chi Minh city. The maximum number of position holders in each unit shall be 03;

People's Public Security officer on secondment approved to hold the post of Standing Member of the National Assembly's Defense and Security Committee or appointed as a Deputy Director of General Department or equivalent;

dd) Colonel rank: Director of the Public Security Department of a province or centrally-affiliated city, except for the cases specified at points c and d of this clause; Director of the hospital directly affiliated to the Ministry; Principals of People’s Public Security post-secondary schools;

e) Senior Lieutenant Colonel rank: Head of a People’s Public Security Division or equivalent; Head of a People’s Public Security Division of a rural district, urban district, town or provincial city; Regiment Head;

g) Lieutenant Colonel rank: Leader of a People’s Public Security team or equivalent; Head of a People's Public Security Office of commune, ward, town; Battalion Head;

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i) Captain: Platoon Head;

k) Senior Lieutenant: Squad Head.

2. National Assembly Standing Committee shall elaborate on positions and titles with the highest ranks, including Lieutenant General or Major General, which are not specified herein.

3. Seconded People's Police officers have higher positions than those specified at point c of clause 1 of this Article, and other special cases of bestowal and promotion of General ranks, shall be decided by competent authorities.

4. Heads of Divisions and equivalent in units of the Ministry's agencies have functions and duties to directly get involved in fighting, counseling, research and giving professional or technical guidance in the entire force; the head of the counseling and technical department, the head of the District Police Department of the Hanoi Public Security Department and the Ho Chi Minh City Public Security Department shall have the highest rank which is one grade higher than the rank prescribed at point e of clause 1 of this Article.

5. The Minister of Public Security shall adopt regulations on highest ranks, maybe including field or company ranks, of the rest of officers holding positions and titles in the People’s Public Security Force.

Article 26. Authority over grant, promotion, demotion, deprivation of ranks and pay raise for officers, non-commissioned officers and conscripts; appointment, dismissal and demotion of positions; appointment and dismissal of titles in the People's Police

1. The State President shall be accorded authority to grant and promotion of general ranks of the People’s Public Security officers.

2. The Prime Minister shall be accorded authority to appoint the Deputy Minister of Public Security; decide to raise the salary of the rank of General and Senior Lieutenant General.

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4. If a person is accorded authority to grant and promote a rank, he/she shall have the authority to demote and deprive such rank; Each time, he/she shall be only allowed to promote or demote 01 rank, except for special cases in which consideration of promotion or demotion of many ranks is allowed. If a person is accorded authority to appoint a position, he/she shall have authority to dismiss, deprive or demote such position. If a person is accorded authority to appoint a title, he/she shall have authority to dismiss such title.

Article 27. Procedures for grant, promotion, demotion and deprivation of ranks in the People’s Public Security Force

1. The Prime Minister shall appeal to the State President to grant, promote, demote and deprive the general rank.

Grant, promotion, demotion or deprivation of the general ranks of seconded officers in the People’s Public Security Force shall be subject to requests of receiving entities or organizations, and the Minister of Public Security.

2. The Minister of Public Security shall adopt regulations on procedures for grant, promotion, demotion and deprivation of ranks of field or company officers, non-commissioned officers or conscripts.

Article 28. Transfer of officers, non-commissioned officers and conscripts of the People’s Public Security Force

1. If a person is accorded authority to appoint a position, he/she shall have authority to transfer the person holding that position.

2. Officers, non-commissioned officers and conscripts of the People’s Public Security Force shall submit to the transfer demanded by the competent authority.

Article 29. Secondment of the People’s Public Security officers

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2. Seconded officers shall be entitled to the regimes and policies like officers working in the People’s Public Security Force. The rank bestowal, promotion, demotion or deprivation applicable to seconded officers must be the same as those applicable to officers currently working in the People’s Public Security Force, except cases specified in point c and d of clause 1 and 3 of Article 25, and clause 1 of Article 27, in this Law.

After accomplishing duties, the People’s Public Security’s seconded officers may be considered to hold positions equivalent to those that they have held during secondment period; shall be entitled to all benefits and interests relating to positions held during the secondment period.

3. Receiving entities or organizations shall have responsibility to assign tasks, keep information confidential and ensure provision of adequate working and living conditions for seconded officers in accordance with laws.

4. The Government shall issue specific provisions of this Article.

Article 30. Permissible age limits of non-commissioned officers and officers of the People's Public Security Force

1. The permissible maximum age limits of non-commissioned officers and officers of the People's Public Security Force shall be subject to the following regulations:

a) Non-commissioned officers: 45;

b) Company-grade officers: 53;

c) Major and Lieutenant-Colonel: Male: 55; Female: 53;

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dd) Colonel:  Male: 60; Female: 55;

e) General-grade officers:  60.

2. Permissible age limits of officers holding positions or titles in the People’s Public Security Force shall be subject to regulations adopted by the Minister of Public Security, but shall be restricted to the maximum age limit specified in clause 1 of this Article, except cases specified in clause 4 of this Article.

3. Based on the demands of police units, if the officers prescribed at point b and c and male officers prescribed at point d of clause 1 of this Article meet all professional quality, expertise and health requirements and of their own free will, they may be entitled to extension of their service age according to the regulations of the Minister of Public Security, but not more than 60 for men and 55 for women.

4. People's Public Security officers, who are professors, associate professors, doctors and senior experts, may be granted an extension of service age to more than 60 years of age for men and over 55 years of age for women according to the Government's regulations.

5. People's Public Security officers may retire when they fully meet the conditions prescribed by law; In cases where they are not eligible to retire according to the provisions of law, the People's Public Security Force no longer needs them or they fails to transfer to other sectors or they voluntarily apply for discharge from the force, and if male officers have 25 years of service and female officers have 20 years of service rendered in the People's Public Security Force, they may retire before the age limits prescribed in Clause 1 of this Article.

Article 31. Obligations and responsibilities of officers and non-commissioned officers of the People’s Public Security Force

1. Show absolute loyalty to the Homeland, People and Communist Party and State.

2. Strictly abide by the line of the Party, policies and laws of the State, regulations of the People’s Public Security Forces, and directives and orders of their superiors.

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4. Respect and protect the lawful rights and interests of agencies, organizations and individuals; to maintain close contact with the People; to dedicatedly serve the People, to respect and be polite to the People.

5. Regularly study to raise their political, legal, scientific-technical and professional levels; to temper their revolutionary quality, sense of organization and discipline and physical strength.

6. Be answerable before law and their superiors for their own orders, the execution of their superiors’ orders and the performance by their subordinates. Upon receipt of commanders’ orders, if having grounds to believe that such orders are unlawful, immediately report them to the persons who have issued the orders; if still having to obey the orders, bear no responsibility for the consequences of the execution of such orders.

Article 32. Prohibited acts of officers, non-commissioned officers and conscripts of the People’s Public Security Force

1. Abusing positions and delegated powers to infringe upon the interests of the State, the lawful rights and interests of agencies, organizations and individuals.

2. Acts in contravention of law and regulations of the People’s Public Security Force and prohibited acts of cadres, civil servants and public employees prescribed by laws.

Chapter V

GUARANTEE OF CONDITIONS FOR OPERATIONS, REGIMES AND POLICIES OF PEOPLE’S PUBLIC SECURITY FORCE

Article 33. Guarantee of funds, physical and technical facilities for operations of the People’s Public Security Force

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2. In case of necessity to protect the national security, maintain the social order and safety, and prevent and fight crimes, the State shall mobilize scientific and technological potentials to serve the operations of the People’s Public Security Force, including:

a) Transfer of technologies, results of scientific research and technological development;

b) Assurance of physical and technical facilities for training and scientific research establishments of the People’s Public Security Force;

c) Guarantee of information resources, databases, scientific and technological materials;

d) Supplementation, training and education of scientific and technological personnel for activities of protecting the national security, maintaining the social order and safety, and preventing and fighting crimes and violations of law.

3. With regard to weapons, supporting instruments, equipment, facilities, technical and professional equipment and vehicles to serve the operations of the People’s Public Security Forces, which are not yet manufactured domestically or fail to meet the demands, the Minister of Public Security shall report them to the Prime Minister for decision on the import thereof in accordance with law.

4. The Government shall elaborate on clause 1 and 2 of this Article.

Article 34. Security industry

1. Security industry is a part of national defense and security industry, serving national security, ensuring social order and safety, preventing and combating crimes, law violations and construction of the People’s Public Security Force.

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3. The Ministry of Public Security shall be held accountable to the Government for presiding over and cooperating with Ministries, agencies and organizations concerned in building and developing the security industry.

4. The Government shall issue specific provisions of this Article.

Article 35. Provision of weapons, explosives, supporting instruments, equipment, technical and other means

The People’s Public Security Force shall be equipped with weapons, explosives, supporting instruments, technical and other means appropriate for assigned duties.

Article 36. Uniforms, Public Security insignias, banners, stripes, badges, People’s Public Security identity cards

Uniforms, Public Security insignias, banners, stripes, badges, People’s Public Security identity cards shall be subject to the Government’s regulations.

Article 37. Policies on training and education of People’s Public Security officers, non-commissioned officers and conscripts

1. People’s Public Security officers, non-commissioned officers and conscripts shall be trained and educated in politics, law, professional operations and skills and other knowledge necessary for performing their assigned tasks; shall be entitled to incentives and advantages given by the State to develop their talent to serve in the People’s Public Security Force.

2. The State shall adopt policies to prioritize the training and education of People’s Public Security officers, non-commissioned officers and conscripts being ethnic minority people.

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1. The salary and allowance regimes shall be subject to the Government’s regulations. Salaries of officers and non-commissioned officers serving under the professional regime shall be calculated according to their respective positions, titles and ranks and in conformity with the nature and tasks of the People’s Public Security Force; seniority allowances shall be calculated according their current salaries and duration of service in the People’s Public Security Force. they shall be entitled to subsidies and allowances applicable to cadres and civil servants with the same working conditions and the People’s Public Security Force’s particular subsidies and allowances.

2. If a People’s Public Security officer simultaneously holds different positions and titles, he/she shall be entitled to the benefits of the highest position or title and allowances for holding multiple positions and titles as prescribed by law.

3. People’s Public Security officers shall be entitled to the benefits of their current positions or titles if they are assigned to hold positions or titles lower than the current positions or titles due to working requirements or organizational and staff changes in accordance with laws.

4. People’s Public Security officers who are removed from their positions or titles under decisions shall be entitled to the benefits of their new positions or titles.

5. People’ Public Security officers, non-commissioned officers and conscripts shall be provided with barrack lodging and working and living conditions suitable to the nature of assigned work or tasks.

6. Operation and specialist technical officers shall be entitled to housing allowances and shall be provided with official-duty lodging; People’s Public Security officers, non-commissioned officers and conscripts shall be entitled to policies on social-house supports as prescribed by law.

Article 39. Healthcare for People’s Public Security officers, non-commissioned officers, conscripts, cadets, workers and relatives thereof

1. People’s Public Security officers, non-commissioned officers, men and cadets shall be provided with healthcare; when suffering injuries, sickness, accidents or professional risks in localities far away from medical establishments of the People’s Public Security Force or suffering diseases which cannot be treated by these medical establishments, they shall be entitled to medical examination and treatment services provided by other medical establishments, coverage of their hospital charges  and other regimes prescribed by law.

2. Natural parents or lawful caretakers; natural parents or lawful caretakers of spouses; spouses; natural children or adopted children under 18 years old of People’s Public Security officers, non-commissioned officers, conscripts and cadets, who are not covered by the health insurance regime, shall be provided with health insurance policies by the People’s Public Security Force and with medical examination and treatment at medical establishments as prescribed by law.

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4. The State must give adequate funds for implementation of provisions laid down in clause 1 and 2 of this Article.

Article 40. Rest regime applicable to People’s Public Security officers, noncommissioned officers and conscripts

1. People’s Public Security officers, non-commissioned officers and conscripts currently on duty shall be entitled to the rest regime prescribed by the Labor Code and regulations adopted by the Minister of Public Security.

2. Officers and non-commissioned officers serving in the People’s Public Security Force under the professional working regime, and public security workers, who are not entitled to annual leave due to their duties, shall be entitled to payments of amounts equal to salaries paid on days without taking paid leave.

Article 41. Regimes and policies applicable to People’s Public Security officers, non-commissioned officers and conscripts who retire, are transferred to other sectors, demobilized or suffer from war-related diseases, dies in the line of duty or pass away

1. The People’s Public Security officers taking retirement shall enjoy the following interests:

a) Pension calculated on the bases prescribed in clause 1 of Article 38 of this Law and in accordance with the law on social insurance;

b) If retiring before reaching the prescribed service age limit prescribed in clause 1, 2 and 3 of Article 29 of this Law due to changes in organization or payroll or no personnel demand, in addition to the social insurance regime prescribed by the law on social insurance, they shall be entitled to a lump sum allowance under regulations of the Government;

c) Using the People’s Public Security uniforms, Public Security insignias, stripes and badges on festive days, meetings and traditional exchanges of the People’s Public Security Force;

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dd) Enjoy the health insurance regime as prescribed by law, have access to medical examination and treatment services according to their pre-retirement ranks, positions or titles at People’s Public Security Force’s medical establishments under regulations of the Minister of Public Security.

2. The People’s Public Security officers and non-commissioned officers transferring to other sectors shall enjoy the following interests:

a) The State policies for necessary professional training for officers and non-commissioned officers who are transferred to other sectors to meet their host organizations’ demands;

b) Having their salaries and seniority allowances at the time of transfer reserved for at least 18 months;

c) Other benefits prescribed in point c of clause 1 of this Article;

d) In case of being re-mobilized in the People’s Public Security Force, the duration of working as civil servants shall be counted in the continuous working period for rank promotion consideration and the working seniority period;

dd) After taking retirement, they shall be entitled to seniority allowances calculated based on the duration of service in the People’s Public Security Force and their current salaries; if the current salaries are lower than the salaries at the time of transfer, the latter shall be used as a basis for pension calculation in accordance with law.

3. The People’s Public Security officers and non-commissioned officers who are demobilized shall enjoy the following interests:

a) Subsidies for creation of employment and lump-sum allowances under the Government's regulations;

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c) If they have at least full fifteen years of service in the People’s Public Security Force, in case of suffering any disease, they shall be entitled to medical examination and treatment services provided by medical establishments of the People’s Public Security Force under the regulations of the Minister of Public Security.

4. People’s Public Security officers and non-commissioned officers, who are demobilized as sick soldiers, shall be entitled to the benefits prescribed in point c and d of clause 1 of this Article and other treatment under laws.

5. People’s Public Security officers and non-commissioned officers who used to directly engage in combat or work in difficult areas or peculiar occupations, the duration of such service shall be counted for enjoyment of interests when they retire from service in the People’s Public Security Force as per laws.

6. For People’s Public Security officers, non-commissioned officers and conscripts who die in the line of duty, their relatives shall be entitled to the legally-prescribed regime on preferential treatment of people with meritorious service to the revolution, the social insurance regime in accordance with law on social insurance and lump-sum allowances stipulated by the Government.

7. For People’s Public Security officers, non-commissioned officers and conscripts who pass away in the line of duty, their relatives shall be entitled to the social insurance regime in accordance with law on social insurance and lump-sum allowances stipulated by the Government.

Article 42. Regimes and policies applicable to public security cadets, workers, enlisted non-commissioned officers and members, and relatives of enlisted non-commissioned officers and members

1. People’s Public Security cadets shall be entitled to stipends, regimes and policies in accordance with laws on enlisted non-commissioned officers and members.

2. Public security workers shall be entitled to regimes and policies like those applied to national defence workers.

3. Enlisted non-commissioned officers and members shall be entitled to the regimes and policies like those applied to enlisted non-commissioned officers and members on active service in the people’s armed forces; upon expiration of their service period, they shall be entitled to job training or job-creation allowances and shall be given priority in taking enrolment examinations at People’s Public Security schools, and other regimes and policies stipulated by the Government.

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Chapter VI

REWARDS AND DISCIPLINARY ACTIONS

Article 43. Commendation and rewarding

1. People’s Public Security officers, non-commissioned officers and members, and public security workers, who record achievements in combat or work, shall be considered medals, honorable state titles or other reward forms in accordance with law.

2. Agencies, organizations and individuals that participate in, cooperate and collaborate with and support the People's Public Security Force in protecting national security, maintaining social order and safety, fighting, preventing and controlling crimes and violations of law shall, depending on their performance, be considered awards in accordance with laws.

Article 44. Disciplinary actions

1. People’s Public Security officers, non-commissioned officers and members, and public security workers, who breach disciplines or violate lawsoft, shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or subject to criminal prosecution procedures; in case of causing damage to the health or lives of other persons, the property or lawful interests of agencies, organizations or individuals, they shall be liable for compensations therefor in accordance with law.

2. People’s Public Security officers, non-commissioned officers and members shall not be allowed to use the public-security insignias, stripes and badges in case of being subject to legal actions, temporary custody or detention; if they are deprived of titles of the People’s Public Security Force, then their public security titles, stripes and badges shall be removed.

3. Agencies, organizations or individuals that commit acts of threatening lives, abusing honor and dignity of People’s Public Security officers, non-commissioned officers or members, opposing, damaging and appropriating means, materials, weapons, explosives, supporting instruments or hindering activities of officers, non-commissioned officers and members of the People’s Public Security Force shall, depending on the nature and severity of violation, be subject to penalties imposed under laws.

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Chapter VII

IMPLEMENTARY PROVISIONS

Article 45. Entry into force

1. This Law shall enter into force on July 1, 2019, except the case specified in clause 2 of this Article.

2. Provisions of this Law on highest ranks such as general ranks; grant, promotion, demotion and deprivation of general ranks; appointment, discharge, dismissal and demotion of titles with highest ranks which are general ones shall be in effect from January 11, 2019.

3. This Law on the People’s Public Security Force No. 73/2014/QH13 shall be repealed from the entry into force of this Law.

Article 46. Transitional provision

1. Communes and towns having formal public security forces shall be subject to the following provisions:

a) Do not apply provisions laid down in point a of clause 3 of Article 61 in the Law on Officials and Public Servants No. 22/2008/QH12;

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c) Holders of semi-full time titles of commune-level Public Security Forces that are appointed or designated according to procedures prescribed in the Ordinance on Commune-level Public Security Offices No. 06/2008/PL-UBTVQH12 shall receive permission for termination of their duties and may be recruited to perform the tasks of protecting public security and order at the grassroots level, shall be entitled to regimes and policies under the provisions of the Ordinance on Commune-level Public Security Forces No. 06/2008/PL-UBTVQH12 until the date of entry into force of other legislative documents.

2. As for communes or towns where formal public security forces have not yet been founded, regulations regarding commune-level public security forces shall be implemented according to the Ordinance on Commune-level Public Security Forces No. 06/2008/PL-UBTVQH12, the Law on Officials and Public Servants No. 22/2008/QH12 and the Law on Organization of Local Jurisdictions No. 77/2015/QH13.

This Law is passed in the 6^th plenary session of the XIV^th National Assembly of the Socialist Republic of Vietnam held on November 20, 2018.

NATIONAL ASSEMBLY’S CHAIR




Nguyen Thi Kim Ngan