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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
38/2006/ND-CP
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Hanoi,
April 17, 2006
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DECREE
ON STREET CIVIL GUARD THE GOVERNMENT
Pursuant to the
December 25, 2001 Law on Organization of the Government;
Pursuant to the December 3, 2004 Law on National Security;
At the proposal of the Minister of Public Security,
DECREES:
Chapter I
GENERAL
PROVISIONS
Article
1.- Scope of regulation, subjects of application
This Decree
provides the functions, tasks, powers of, the principles for organization and
operation of, and the regimes and policies towards, the Street Civil Guard.
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Article
2.- Position and functions of the Street Civil Guard
1. The Street
Civil Guard constitutes a voluntary mass force acting as the core in the
movement for protection of national security and social order and safety, which
is established at wards, district townships (hereinafter referred collectively
to as wards) under decisions of ward People's Committees at places where
regular public security forces are deployed.
2. The Street
Civil Guard shall act as the core in launching mass movements for protection of
national security; apply a number of working measures to prevent and fight
crimes, social vices and other law-breaking acts under the provisions of law,
in order to protect the Party, administration, the interests of the State, the
legitimate rights and interests of citizens in localities.
Article
3.- Principles for operation of the Street Civil Guard
The Street
Civil Guard shall submit to the comprehensive leadership of the ward Party
Committees, the supervision of the ward People's Councils, the administration
by the ward People's Committees and the working direction and guidance of the
ward police offices.
All activities
of the Street Civil Guard shall be carried out under the provisions of this
Decree and other provisions of law. All acts of abusing the status of the
Street Civil Guard to carry out illegal acts, infringing upon the legitimate
rights and interests of citizens are strictly prohibited.
Article
4.- Responsibilities of the ministries, units, organizations and
individuals in the building and consolidation of the Street Civil Guard
The ministries,
ministerial-level agencies, Government-attached agencies, People's Committees
at all levels, people's armed forces units, socio-political organizations,
socio-professional organizations and all citizens shall have the responsibility
to participate in building and assisting the Street Civil Guard force in
performing its tasks.
Chapter II
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Article
5.- Tasks of the Street Civil Guard
1. To grasp the
security and order situation, detect cases of contradictions or disputes among
people, cases of administrative violations, social order and safety breaches in
localities; report such to police offices and ward People's Committees, take
preventive measures; to participate in reconciliation and timely solution
thereof without letting bad consequences to occur.
2. To
disseminate and propagate the heightening of the sense of vigilance against,
and prevention of, social vices and acts of violating law on security and order
with a view to mobilizing people in wards to voluntarily abide by the
undertakings and policies of the Party, laws of the State as well as rules,
conventions and regulations on security and order protection; to participate in
building wards, population groups, households safe in terms of security and
order and free from crimes and social evils.
3. To urge and
call the attention of people in wards to observe legal provisions on
registration and management of inhabitants and households; on the use and
management of people's identity cards and other personal papers; the
regulations on registration of conditional business lines related to security
and order; the management of weapons and explosives, support tools; to participate
in the maintenance of public order, traffic order and safety, fire prevention
and fighting safety.
4. To mobilize
people to participate in reforming, educating, assisting and managing persons
who have completely serving their imprisonment penalties or decisions on
sending them to reformatories, education camps, medical treatment
establishments or detoxication centers, juvenile delinquents and persons who
are serving the penalty of non-custodial reform. To coordinate with agencies or
organizations assigned the responsibility to manage, educate and assist
subjects being placed under management and education in localities. To mobilize
and persuade relatives of subjects who are being hunted for, shirk serving
their sentences or criminals being at large to ask the latter to give
themselves up.
5. Upon
occurrence of complicated cases related to security or order in localities, to
be present at the scenes in time and seek ways to notify the ward police
offices thereof; to protect the scenes, participate in giving first-aids to
victims, releasing and saving hostages, arresting red-handed offenders,
participate in fire fighting, rescue and perform other tasks under the
assignment and guidance of the ward People's Committees and police offices.
6. To
coordinate with civil defense forces and specialized security forces of
agencies, units, enterprises stationing in localities in protecting security
and order under the direction of the ward People's Committees and police
offices. To organize patrols and participate in activities of preventing,
detecting and fighting crimes, social vices and other violations of social
order and security under the provisions of law.
Article
6.- Powers of the Street Civil Guard
1. To arrest, dispossess
dangerous weapons of, and escort red-handed offenders, persons who are being
hunted for or shirk serving their imprisonment sentences to ward police offices
according to provisions of law.
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3. To join the
police forces or functional forces in pursuing and arresting offenders, persons
who are being hunted for or shirk serving their sentences; to examine temporary
residence, temporary absence; check people's identity cards or other personal
papers of temporary residents, suspects arriving in street areas under
management.
Article
7.- Organization of the Street Civil Guard
1. Each
population group may set up a Street Civil Guard team. The team leader and
members shall be elected by representatives of the households in such
population group. Depending on the characteristics and the number of
inhabitants in the area, each Street Civil Guard team consists of between 3 and
7 members.
2. Each ward
may set up a Street Civil Guard Board which is composed of the head,
deputy-heads and members. The Board members shall be leaders of the Street
Civil Guard teams in population groups. The Board's head and deputy-heads shall
be elected through ballots by the Board members.
3. The ward
police chiefs shall have to organize the election of the heads, deputy-heads of
the Street Civil Guard Boards, the leaders and members of the Street Civil
Guard teams and propose the ward People's Committees to decide on the
recognition of such titles.
Based on the
election results of the Street Civil Guard Boards and the proposals of the ward
police chiefs, the presidents of ward People's Committees shall issue decisions
to set up the Street Civil Guard Boards, recognize the heads, deputy-heads and
members of the Boards, the leaders and members of the Street Civil Guard teams.
4. The working
term of a Street Civil Guard Board shall be 5 years. During the working term of
the Street Civil Guard Boards, the change, removal from office, addition of
titles of the Street Civil Guard Boards shall be carried out as follows:
a/ If the
position of head, deputy-head of a Street Civil Guard Board, leader or member
of a Street Civil Guard team is left vacant (due to his/her death, poor health
or application for resignation), additional election of people to such position
shall be organized according to the general procedures provided for in Clause 2
of this Article;
b/ If a head,
deputy-head of a Street Civil Guard Board fails to fulfill his/her tasks, is no
longer trusted by the Board collective and people or violates disciplines or
law, the ward police chief shall report thereon to, and propose the ward
People's Committee president to hold a Board meeting for gathering opinions on
removal of such person from office and carrying out procedures for election of
replacement;
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d/ The
recognition and removal from office heads, deputy-heads, team leaders and
members of Street Civil Guard Boards shall be decided in writing by presidents
of ward People's Committees.
Article
8.- Conditions and criteria of the Street Civil Guard members
1. Being
Vietnamese citizens aged full 18 years or older, permanently residing in
localities.
Having clear backgrounds; they and their
families are exemplary in observing the undertakings and policies of the Party,
laws of the State.
2. Having good
health, conditions and zeal and voluntarily participating in social activities;
being knowledgeable about laws and being professionally trained in security and
order protection.
3. Having no
previous convictions or criminal records; being other than persons serving
suspended sentence, criminal probation or serving other administratively
handling measures.
4. Having good
relations with people, being trusted by people, recommended and elected by
people in their respective population groups.
Article
9.- Working styles of the Street Civil Guard
1. Heads of the
Street Civil Guard Boards shall have the responsibility to manage the
organization and administration of the Boards' activities, regularly report on
results of activities of the Boards to the ward People's Committees and police
offices.
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b/ Members of
the Street Civil Guard Boards shall submit to the direct leadership and
management of the Boards' heads and deputy-heads and have the responsibility to
materialize the undertakings, measures and working plans of the Street Civil
Guard in population groups in their respective charge and perform other tasks
on security and order, which are assigned by heads, deputy-heads of the Street
Civil Guard Boards.
2. The Street
Civil Guard Boards shall hold their regular meetings once a month (excluding
extraordinary meetings) to review their activities and discuss the working
programs in the subsequent month.
3. While
performing their tasks, the Street Civil Guard members must wear their title bands
and nameplates according to regulations.
Article 10.- The working relationships of the Street
Civil Guard
1. The Street
Civil Guard shall submit to the leadership, administration and organizational management
and general working direction of the ward Party Committees and People's
Committees.
2. The Street
Civil Guard shall submit to the professional direction and guidance on security
and order protection of the ward police offices and coordinate with the latter
in maintaining security and order.
3. The Street
Civil Guard shall coordinate with self- defense, militia, civil defense forces,
mass organizations and specialized security forces of agencies, units,
organizations and enterprises stationing in localities in performing the tasks
of protecting security and order in localities under the direction of the ward
Party Committees and People's Committees.
Chapter III
REGIMES,
POLICIES TOWARDS, PROVISION OF MEANS AND FUNDING FOR ACTIVITIES OF, STREET CIVIL
GUARD
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1. The Street
Civil Guard members shall enjoy monthly allowance paid by the ward People's
Committees. Based on the specific conditions and the budget balance of each
locality, presidents of provincial/municipal People's Committees shall decide
on the allowance level for each Street Civil Guard title in their respective
localities.
2. The Street
Civil Guard members who die, are wounded while performing their tasks shall,
according to the provisions of the National Assembly Standing Committee's June
29,2005 Ordinance on Preferential Treatment of People with Meritorious Services
to the Revolution, be considered for recognition as war martyrs or as persons
enjoying policies like war invalids.
3. The Street
Civil Guard members shall be fostered in legal and professional knowledge on
security and order protection according to regulations of the Ministry of
Public Security. When attending courses on. fostering the legal and
professional knowledge on security and order protection, the Street Civil Guard
members shall be entitled to the regimes of allowances for travel,
accommodation and meals as provided for the commune police.
Article 12.- Provision of means for the Street Civil
Guard
1. The Street
Civil Guard members shall be equipped with, and use rudimentary weapons and
support tools according to provisions of law.
2. The Street
Civil Guard members shall be equipped with certificates, nameplates, title
bands made according to set forms and with other necessary means according to
regulations.
The Ministry of
Public Security shall specify and guide in detail the provisions of means for
the Street Civil Guard according to the provisions of this Article.
Article 13.- Funding for operation of the Street Civil
Guard
1. The funding
for operation of the Street Civil Guard shall be allocated from the following
sources:
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b/ The local
security and order funds;
c/ Support from
organizations and individuals.
2. The Finance
Ministry shall assume the prime responsibility for, and coordinate with the
Ministry of Public Security in, guiding the management and use of fundings for
operation of the Street Civil Guard.
Chapter IV
COMMENDATION,
DISCIPLINE AND COMPLAINT, DENUNCIATION
Article 14.- Commendation
1.
Organizations and individuals that record achievements in building the Street
Civil Guard force shall be commended and/or rewarded according to regulations
of the State.
2. The Street
Civil Guard members who record outstanding achievements in their work shall be
considered for commendation and/or reward according to the regulations
applicable to the commune police.
Article 15.- Discipline
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Article 16.- Complaint, denunciation
1. Every
organization and citizen shall have the right to complain with competent state bodies
about acts of heads, deputy-heads and/or members of Street Civil Guard Boards
of members of Street Civil Guard teams while performing their tasks.
2. Every
organization and citizen shall have the right and obligation to denounce Street
Civil Guard members for acts of abusing their positions and powers while
performing their tasks to violate laws or seek personal profits, adversely
affecting the local security and order.
The complaints
and denunciations by organizations and individuals against Street Civil Guard
members shall comply with the provisions of law on complaints and
denunciations.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 17.- Responsibilities of the Ministry of Public
Security
The Ministry of
Public Security shall have the responsibility to assist the Government in
directing, guiding and inspecting the building and operation of the Street
Civil Guard force; prescribe the programs and contents of professional training
on security and order protection and law as well as the equipment of means for
the Street Civil Guard according to provisions of law.
Annually, the
police offices at all levels shall have the responsibility to advise the
People's Committees of the same levels on organizing conferences for
preliminary or final review of activities of the Street Civil Guard in order to
draw experience and popularize advanced models, encouraging and commending
outstanding individuals and units in the movement for protection of national
security.
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The Ministry of
Labor, War Invalids and Social Affairs shall have to assume the prime
responsibility for, and coordinate with the Ministry of Public Security and the
concerned ministries and branches in, guiding the implementation of regimes and
policies towards Street Civil Guard members who are wounded or die in harness.
Article 19.- Responsibilities of the People's Committees
of all levels
The presidents
of provincial/municipal People's Committees shall specify the monthly allowance
levels for different Street Civil Guard titles, the regimes of travel,
accommodation and meal allowance when Street Civil Guard members are rallied
for professional and legal fostering.
The People's
Committees of all levels shall direct and manage the organization and operation
of Street Civil Guard according to their competence and under the guidance and
inspection of the superior police offices; arrange working places; ensure
operation funding; equip means, uniforms and apply regimes and policies toward
the Street Civil Guard according to provisions of law.
Article 20.- Responsibilities of agencies, mass
organizations, units, organizations and citizens
The People's
Councils, the Vietnam Fatherland Front Committees at all levels; units, organizations
and citizens shall have the responsibilities to supervise, assist, create
conditions for the Street Civil Guard force to fulfill its tasks.
Article 21.- Implementation effect
This Decree
shall take effect 15 days after its publication in "CONG BAO." All
previous regulations on Street Civil Guard, which are contrary to this Decree,
shall be annulled.
The Minister of
Public Security shall have the responsibility to guide in detail the
implementation of this Decree.
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ON
BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Tan Dung