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NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 21/2023/QH15
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Hanoi, June 22,
2023
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LAW
On AMENDMENTS TO CERTAIN ARTICLES OF
THE LAW ON THE PEOPLE’S PUBLIC SECURITY FORCE
Pursuant to Constitution of the Socialist
Republic of Vietnam;
National Assembly promulgates a Law on
amendments to certain Articles of Law on the People’s Public Security Force No.
37/2018/QH14.
Article 1. Amendments to
certain Articles of the Law on the People’s Public Security Force
1. Amendments to Clause 4 of Article 22:
“4. An commissioned officer to be eligible for
consideration of rank promotion from colonel to major general shall have at
least 03 years to the date on which his/her service term is up; may be less
than 03 years of service in case of being requested under the State President’s
decision.”.
2. Addition of Clause 4 to after Clause 3 of
Article 23:
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3. Amendments to certain points and Clauses of
Article 25:
a) Amendments to Point b Clause 1:
“b) As for Senior Lieutenant General rank, the
maximum number shall be 07, including:
Deputy Minister of Public Security. The maximum
number shall be 06;
People's Public Security officer on secondment
elected to hold the post of Chairman of the National Assembly's Defense and
Security Committee.”;
b) Amendments to Point d Clause 1:
“d) As for the Major General rank, the maximum
number shall be 162, including:
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 central-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;
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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 each of the 17 units and
the maximum number of 03 position holders in the rest of units;
Vice Directors of Departments and equivalent
position holders of units directly controlled by the Ministry of Public
Security as specified in this Article. There shall be 01 position holder in
each of the 02 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;”;
c) Amendments to Point e Clause 1:
“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, provincial city or
central-affiliated city; Regiment Head, unless otherwise prescribed in Clause 4
of this Article;”;
d) Amendments to Clause 2:
“2. National Assembly Standing Committee shall
elaborate on positions with the highest ranks, including Lieutenant General or
Major General, which are not specified herein; prescribe general ranks for
positions and titles of commissioned officers serving in new units with the
maximum number under competent authorities' decisions.”;
dd) Amendments to Clause 4:
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4. Amendments to Clause 2 Article 29:
“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 at points
b, c and d of clause 1 and Clause 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.”.
5. Amendments to certain Clauses of Article 30:
a) Amendments to Clause 1 and addition of Clause 1a
to after Clause 1:
“1. The permissible maximum age limits of
non-commissioned officers and commissioned officers of the People's Public
Security Force shall be subject to the following regulations:
a) Non-commissioned officers: 47;
b) Company-grade officers: 55;
c) Major and Lieutenant-Colonel: Male: 57; Female:
55;
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dd) Colonel: Male: 62; Female: 60;
e) General-grade officers: Male: 62; Female: 60.
1a. Permissible age limits of male commissioned officers
prescribed at points dd and e, and female commissioned officers prescribed at
points d and dd Clause 1 of this Article shall be implemented according to the
roadmap to retirement age for workers according to the Labor Code.
The Government of Vietnam shall elaborate this
Clause.”;
b) Amendments to Clause 3 and Clause 4:
“3. Based on the demands of police units, if the
commissioned officers prescribed at points b, c and d 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 62 for
males and 60 for females.
The service age of commissioned officers prescribed
in Clause 1 of this Article may be extended to more than 62 for males and more
than 60 for females in special cases under competent authorities' decisions.
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 62 years of age for males and over 60
years of age for females according to the Government's regulations.”
6. Amendments to Clause 2 of Article 42:
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The Government of Vietnam shall elaborate this
Clause.”.
Article 2. Entry into force
This Law comes into force from August 15, 2023.
This Law was passed in the 5th
plenary session of the XVth National Assembly of the Socialist
Republic of Vietnam held on June 22, 2023.
NATIONAL
ASSEMBLY’S CHAIR
Vuong Dinh Hue