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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.:
12/2007/ND-CP
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Hanoi,
January 17, 2007
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DECREE
STIPULATING ON CITIZENS TO SERVE A TERM IN THE PEOPLE’S
PUBLIC SECURITY
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the Law on
People’s Public Security dated November 29, 2005;
At the proposal of Minister
of Public Security,
DECREES:
Chapter 1:
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Article 1.
Scope of governing
This Decree defines subjects,
criterias, and procedures for selection, and regimes, policies for citizens to
serve a term in the People's Public Security.
Article 2:
Subjects of governing
This Decree applies to organizations
and citizens of the Socialist Republic of Vietnam.
Article 3.
Rights and obligations of citizens to serve a term in the Public Security
1. Citizens have the rights and
obligations to serve a term in the People's Public Security.
2. Citizens are exempted from
implementing military obligation on active service during the term of serving
in the People's Public Security, and after demobilization; while on active
service and after demobilization, are enjoyed regimes and policies as
prescribed by law.
3. Citizens shall strictly abide
by the decision of the competent authorities and order of public security
forces when called to serve a term in the People's Public Security.
4. Within 15 days from the date
of demobilization, non-commissioned officers and demobilized soldiers must
bring records, papers of demobilization to the district-level military
commander committee in the residence to register on the reserve force
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SPECIFIC PROVISIONS
Article 4.
Subjects of recruitment and duration to serve
1. Citizens of the Socialist
Republic of Vietnam, aged from adequate 18 through 25, with permanent address
in the territory of Vietnam, signed up for military service in communes, wards
or townships where citizens with permanent residence. Minister of Public
Security shall specify the age for recruitment of citizens to serve a term in
the People's Public Security in accordance with the nature and characteristics
of the using units and requirement of the selection of People’s Public Security
forces.
2. Time for a term service of
the citizens in the People's Public Security is 3 years. The service time is
from when having the decision to serve a term in the People's Public Security
till the date the competent authority signs the decision for demobilization.
The deserting time is not
included in the time to serve a term in the People's Public Security.
Article 5.
Criteria of recruitment
1. Political criteria:
- Be faithful with the socialist
Vietnam nation.
- Having clear curriculum vitae,
being party member of the Vietnam Communist Party or Union member of Ho Chi
Minh Communist Youth Union. Areas of mountain, highlands, and remote areas,
border and island areas are recruited outstanding young having enough
conditions to enroll in Communist Youth Union of Ho Chi Minh.
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- Having no criminal records,
criminal prosecution, and probation, subject to the measures of education at
communes, wards, and township or into medical facilities, educational
institutions.
- Ensuring other specific
provisions of the Minister of Public Security on the political criteria of the
officers and soldiers of the People's Public Security
2. Ethics:
Having good quality, morals,
trusted by the masses of people in his/her residence.
3. Education Level:
Graduated from high school or
supplementary school, the Areas of mountain, highlands, and remote areas,
border and island areas are recruited citizens graduating from elementary
school.
4. Health:
- Body is balance, not
deformities, deformed, physically fit to undertake the task, not getting a
chronic disease; not using drugs and narcotics.
- Specific health criteria are
defined by the Ministry of Public Security coordinating with the Ministry of
Health.
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1. Citizen participating in the
recruitment to serve a term in the People's Public Security shall submit to the
Public Security of districts, townships and cities under province where citizens
have their permanent residences, the following documents:
- Copy of birth certificate
(certified by the People's Committees of communes, wards, and townships or
notarized).
- The curriculum vitae upon the
form prescribed by the Ministry of Public Security which is certified by the
People's Committees of communes, wards or townships where they reside or by the
agencies or organizations where they are working, and pasted photo with
identity card style size 4 x 6 cm, sealed.
- Copy of notarized, certified
diplomas and certificates of academic qualifications issued by the competent
state authorities.
- Certificate of union members
and party members (if they are union members, party members).
- Certificate of registration
for military service (notarized or certified copy)
2. The order, procedures of
consideration and recruitment
a) Public Securities of
provinces and cities directly under the Central Government establish the
Councils for recruitment, including:
- Chairman: Deputy Directors of
Public Securities of provinces and cities directly under the Central
Government, in charge of building forces.
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- The members are
representatives of the heads of Public Securities of districts, towns and cities
under the provinces; heads’ representatives of the units using citizens to
serve a term and the related units.
b) The missions of the
recruitment Council:
- Publicly announce the
subjects, criteria, time, and procedures for recruitment on the means of mass
media at the local and list in the head office of Public Security of districts,
townships, and cities under the provinces.
- Based on the criteria
allocated by the Minister of Public Security, the recruitment Council reports
to the provincial-level People's Committee and coordinates with concerned
agencies in propagation, mobilization, getting the situation of citizens in age
to serve a term in the People's Public Security.
- To direct Public Security of
districts, townships and cities under the provinces to guide the subjects of
recruitment to conduct the necessary procedures; to verify the curriculum vitae
of candidates as prescribed.
- To organize the health
examination for enrollment citizens. Funds for health examination to be of the
regularly spending budget of the Ministry of Public Security.
- To complete procedures to
submit to the Directors of Public Securities of provinces and cities directly
under the Central Government for recruitment.
Article 7.
Principles of recruitment
1. The recruitment of citizens
to serve a term in the People's Public Security must comply with the policy of
the Party, the laws of the State.
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3. Citizens who are recruited to
serve a term in the People's Public Security must make complete dossiers in
accordance with provisions and shall be responsible for all items declared.
Article 8.
Regime, policy for citizens to serve with term in the People’s Public Security
1. Citizens to serve a term in
the People's Public Security are conferred and promoted to the ranks of
Private, First class private, Non-commissioned officer, Sergeant, Sergeant
major of people security or people police.
a) Competence to confer, promote
to the ranks for Non-commissioned officers and soldiers who serve a term in
people’s public security forces decided by Director and equivalent, Directors
of the Public Security of provinces, cities directly under the Central
Government.
b) Time limit for rank promotion
toward Non-commissioned officers and soldiers who serve a term in people’s
public security forces as follows:
Private up to First class
private:
06
months;
First class private up to
Non-commissioned officer:
06
months;
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01
year;
Sergeant up to Sergeant major:
01
year.
c) The promotion or demotion of
rank for Non-commissioned officers and soldiers who serve a term in people’s
public security is only promoted, demoted each time for one rank.
In case of non-commissioned
officers and soldiers who serve a term with excellent performance may be
considered for rank promotion ahead of time. In case of serious breach of
discipline of the public security, may be demoted one rank.
d) Time that non-commissioned
officers, soldiers who serve a term in People’s Public Security studying at
school is included in the time limit for consideration of rank promotion.
e) Non-commissioned officers,
soldiers who serve a term in People’s Public Security demoted ranks after one
year, since the date of demotion of the rank, if it progresses, it is
considered for rank promotion.
2. While serving a term,
non-commissioned officers and soldiers of the People's Public Security were
reviewed for recruitment into People's Public Security schools, if they are
admitted, they will study at such Schools; when the serving term expires, they
are reviewed for recruitment to switch to long-term service in the People's
Public Security force. Criteria, rate of non-commissioned officers and soldiers
serving a term reviewed for recruitment into People's Public Security schools
and switched to long-term service in the People's Public Security force shall
be defined by the Minister of Public Security.
3. While on active service,
non-commissioned officers and soldiers serving a term are enjoyed the policies
as prescribed by law.
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In case of insufficient
conditions for continuing to serve in the People's Public Security,
non-commissioned officers and soldiers shall be demobilized ahead their terms.
Conditions and procedures of ahead-of-time demobilization are stipulated by the
Minister of Public Security.
Article 9.
Handling of violations
1. Citizens who are not present
on time and at the place stated in the decision to recruit or desert while
serving a term in the People's Public Security, depending on the seriousness of
their violations, shall be disciplined according to regulations of People's
Public Security, shall be administrative penalties, or prosecuted for criminal
liability according to the law regulations.
2. Organizations and individuals
who act against or impede the implementation of regulations on the recruitment
of citizens to serve a term in Public Security shall be handled according to
the law regulations.
3. All organizations and
individuals may lodge complaints and denunciations with the competent state
authority for the acts of infringement to the rights and interests of
organizations and individuals conducted by the officers, the Public Security
agency in the recruitment process and implementation of regimes and policies
for citizens serving a term in the People's Public Security. The complaints and
denunciations, and settlement of complaints and denunciations shall comply with
the Law on Complaints and denunciations.
Chapter 3:
IMPLEMENTATION
PROVISIONS
Article 10.
Responsibility of Ministry of Public Security
Every year, the Minister of
Public Security submits to the Prime Minister for decision of the number of
citizens serving a term in the People's Public Security from 1 to 2 batches.
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Article 11.
Responsibility of the People’s Committees at all levels
People's Committees at all
levels are responsible for creating any facilitate conditions and prioritize
the people's public security to recruit among the qualified citizens in
accordance with provisions registered military service in the local to serve a
term in the People's Public Security.
Article 12.
Effect
This Decree takes effect 15 days
after the date of its publication in the Official Gazette and replaces the
Decree No. 50-HDBT dated May 24, 1989 of the Council of Ministers (now the
Government) defining regime on active service of Non-commissioned officers and
soldiers in the People's Public Security force and the Decree No.167- HDBT
dated May 25, 1991 of the Council of Ministers amending a number of Articles of
the Decree No.50-HDBT dated May 24 1989.
Article 13.
Responsibility of implementation
Minister of Public Security, the
ministers, heads of ministerial-level agencies, heads of Governmental agencies,
Chairmen of People's Committees of provinces and centrally-run cities are
responsible for the implementation of this Decree./.
FOR
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
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