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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
40/1999/ND-CP
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Hanoi, June 23, 1999
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DECREE
ON COMMUNE POLICE
THE GOVERNMENT
Pursuant to
the Law on Organization of the Government of September 30, 1992;
Acting upon the guidance of the Political Bureau in Notice No. 195/TBTW of
January 25, 1999;
In order to raise the work efficiency of the Commune Police and contribute to
upholding public security, order and safety at the grassroots;
At the proposal of the Minister of Public Security,
DECREES:
Chapter I
GENERAL PROVISIONS
Article
1.- The police at communes, townships and other places where the
regular public security forces are not stationed (hereafter called in common
Commune Police) is a half specialized military force and the primordial
instrument of the Party and the State at the commune and township (hereafter
called in common commune) to ensure public security, order and safety at the grassroots.
It comes under the direct and all-round leadership of the Party Committee, the
management and administration of the commune People’s Committee and the
guidance and direction of the higher-level police.
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Article 3.- The Commune Police shall operate according to
the provisions of this Decree and other regulations of law. All acts of
misusing the name of the Commune Police to take acts in contravention of law
and infringing upon the rights and legal interests of citizens are strictly
forbidden.
Article 4.- The ministries, the ministerial-level agencies,
the agencies attached to the Government, the People’s Committees at various
levels, units of the people’s armed forces and all citizens have the duty to
take part in building and assisting the Commune Police to carry out its duties.
Chapter II
TASKS, POWERS, ORGANIZATION AND EQUIPMENT OF COMMUNE POLICE
Article 5.- The Commune Police has the following tasks:
1. To firmly grasp the situation of public
security, order and safety in the commune territory, to make proposals to the
commune Party Committee, People’s Committee and the police of higher level on
the undertakings, plans and measures to assure public security, order and
safety and to organize the implementation of these undertakings, plans and
measures;
2. To act as the core force in building the mass
movement to defend the security of the Motherland, to coordinate with the
agencies and mass organizations in carrying out the education and popularization
of law aimed at heightening the vigilance of the people; to guide the mass
organizations in carrying out the work of assuring public security, order and
safety in the territory of the commune;
3. To carry out professional measures to prevent
and fight crimes and social evils in the territory of the commune as prescribed
by law and according to the specialized guidance of the police of higher level;
4. To carry out the regulations on the fire
prevention and combat, to preserve public order and traffic order and security,
on the management of weapons, explosives and inflammables, the management of
household registers; to inspect the observance of the regulations on security
and order in the territory of the commune according to the competence vested to
it;
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6. To organize the safeguard the sites of
crimes, the rescue of victims; to arrest criminals caught in the act; to
organize the arrest of wanted persons and persons under warrants of
administrative arrest who are hiding in the territory of the commune; to take
over and escort the arrested to the police of higher level;
7. To build a Commune Police force really pure,
and strong politically, ideologically, organizationally and professionally. To
step up the movement of emulation for the security of the Motherland according
to the criteria and under the guidance of the police of higher level;
8. To carry out other tasks concerning public
security, order and safety assigned by the commune Party Committee and People’s
Committee and the police of higher level.
Article 6.- The Commune Police has the following powers:
1. To inspect and urge the agencies, political
and social organizations, social organizations and economic organizations based
in the territory of the commune, and citizens in the commune to carry out the
prescriptions of law and the resolutions of the People’s Council, the decisions
of the People’s Committee concerning public security, order and safety; to ask
the competent agencies to examine and handle law-breaking acts.
2. While on mission of patrol and guard, it can
check the papers, goods and means of transport of persons showing signs of
criminality or administrative violations in the territory of the commune as
prescribed by law.
3. To carry out administrative management
measures and decisions to handle administrative violations of public security,
order and safety as prescribed by law and guided by the police of higher level.
4. In case of pursuit of criminals caught in the
act, persons under warrant of arrest and in the rescue of victims, it can
mobilize manpower and transport means of citizens in the territory of the
commune but must return immediately these means when the above situation has
ceased to exist. It then has to report immediately to the president of the
commune People’s Committee and has to take responsibility for its decision. In
case the mobilized means is damaged, the owner of the means shall receive
compensations as prescribed by law.
Article 7.- The head of the Commune Police is responsible
before the commune People’s Committee and the police of higher level for all
the activities of the Commune Police.
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Article 8.- Members of the police shall have to carry out
the undertakings, measures and plans to assure public security, order and
safety in the population center under their charge and other tasks on public
security, order and safety assigned by the head of the Commune Police.
Article 9.-
1. The organization of the Commune Police
comprises: the head, deputy head and members.
Police members are assigned duties according to
the hamlets and villages in the plains or "ap" and "ban" in
the mountain areas.
Basing himself on the characteristics and
requirements of the assurance of public security, order and safety in the
locality, the director of the Police Service in the province or centrally-run
city shall ask the president of the People’s Committee of the same level to
consider and decide on the organization of the appropriate force of police at
the communes.
2. The Commune Police is authorized to use its
own seal.
Article 10.-
1. Vietnamese citizens aged full 18 years and
older who have a clear, unblemished personal record, who are loyal to the
Communist Party of Vietnam, the State of the Socialist Republic of Vietnam, who
have good political and ethical records, good health, the necessary cultural
level and a given capacity and knowledge of law and who are trusted by the
people may be chosen to take part in the Commune Police.
2. The head of the Commune Police shall be
approved by the president of the district People’s Committee.
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The police agents shall be proposed by the head
of the Commune Police to the president of the commune People’s Committee for
decision and approval.
3. The head, deputy head and members of the
Commune Police must be trained and fostered in law, specialization and skill
according to the regulations of the Ministry of Public Security.
Article 11.-
1. The Commune Police shall be equipped with and
are allowed to use weapons and support instruments as stipulated by law and
under the guidance of the police of higher level.
2. The head, deputy head and members of the
Commune Police are issued with certificates and insignias and other necessary
means to carry out their work.
Chapter
III
REGIME, POLICIES AND BUDGET TO ASSURE THE ACTIVITIES OF THE COMMUNE
POLICE
Article 12.- Monthly allowances for the head, deputy head and
members of the Commune Police are stipulated as follows:
1. The head of the Commune Police shall receive
monthly allowances as stipulated in Clause 3, Article 3 of Decree No.
09/1998/ND-CP of January 23, 1998 of the Government on the regime of living allowances
for officials of the communes, wards and townships.
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3. A police member shall receive a monthly
allowance at least equal to one third (1/3) of the allowance for the head of
the Commune Police.
Basing himself on the actual conditions and the
balance of the budget source of each locality, the president of the People’s
Committee of the province and city directly under the Central Government shall
propose to the People’s Council of the same level a monthly allowance for the
police members from the local budget.
Article 13.-
1. During the period of concentrated training
and fostering in law, specialization and skill, the Commune Police shall enjoy
the regime of allowances as stipulated by law. On mission the Commune Police
shall receive a mission allowance as a commune official.
2. While on mission in the fight to prevent and
combat crime or courageously conducting emergency tasks in service of national
defense and security, or courageously rescuing victims and properties of the
State and people, if the Commune Police man or woman dies, he/she shall be
examined for recognition as fallen hero or heroine; if he/she is wounded or
loses 21% and upward of their labor capacity, he/she shall enjoy the regimes
and policies as any wounded soldier as currently prescribed. During the period
of his/her hospitalization at the civil or military medical establishments due
to wounds, he/she shall receive payment for treatment from the local budget.
3. On retirement, the head and deputy head of
the Commune Police shall enjoy the regime of allowances stipulated in Clauses a
and b of Article 4 of Decree No. 09/1998/ND-CP of January 23 of the Government.
Article 14.- The expenditures on activities of the Commune
Police shall be covered by the following sources:
1. The State budget reserved for security
work;
2. The security and order fund of the locality;
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Chapter IV
COMMENDATIONS AND HANDLING OF VIOLATIONS
Article 15.- Organizations and individuals who make
meritorious achievements in the building of the Commune Police shall be
commended according to the general stipulations of the State.
Article 16.- The head and deputy head and members of the
Commune Police who make outstanding achievements in the work and fight shall be
commended as commonly stipulated by the State and guided by the Ministry of
Public Security.
Article 17.- Persons who misuse the name of the Commune
Police or who obstruct and oppose the Commune Police on mission shall,
depending on the character and extent of the violation, be sanctioned for
administrative violations or be examined for penal liability as prescribed by
law.
Article 18.- Persons who misuse their positions and powers
to mobilize or use the Commune Police for acts in contravention of law shall,
depending on the character and extent of the violation, be disciplined,
sanctioned administratively or examined for penal liability as prescribed by
law.
Article 19.- The head or deputy head or member of the
Commune Police who misuse their positions and powers to infringe upon the right
to freedom and democracy of citizens, or who take other law-breaking acts
shall, depending on the nature and extent of the violation, be disciplined,
sanctioned administratively or examined for penal liability. If they cause
material damage they shall have to make compensations to the victim as
prescribed by law.
Chapter V
IMPLEMENTATION PROVISIONS
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Article 21.- The People’s Committees at all levels shall
carry out their function of managing and directing the organization and
activities of the Commune Police according to their competence and under the
guidance of the police of higher level; arrange the office or working place for
the Commune Police; allocate expenditures to assure the activities of the
Commune Police and carry out the regimes and policies toward the Commune Police
as stipulated in this Decree and other prescriptions of law.
Article 22.- This Decree takes effect 15 days after its
signing. The earlier stipulations on the Commune Police which are contrary to
this Decree are now annulled.
The Ministry of Public Security shall direct the
implementation of this Decree.
Article 23.- The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government, the presidents of the People’s Committees of the provinces and
centrally-run cities shall have to implement this Decree.
THE
GOVERNMENT
Phan Van Khai