Nghị định 40/1999/NĐ-CP về Công an xã

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.

Article 2.- The Commune Police has the responsibility to act as adviser to the commune Party Committee and People’s Committee in assuring public security, order and safety and as the core force in building the mass movement of defending the security of the Motherland; to implement measures to prevent and fight crimes and other violations of law regarding public security, order and safety as prescribed by law with a view to defending the Party, defending the administration and the interests of the State and the legal rights and interests of citizens in the commune.

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;

5. To compile files of those who commit acts in contravention of law liable to other measures of administrative handling, and submit them to the president of the commune People�s Committee for consideration and decision. To organize the realization of measures to manage and educate susceptible objects in the territory of the commune as prescribed by law;

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.

The deputy head shall help the head of the Commune Police to carry out the task as assigned by the latter and shall act on his behalf with his authorization.

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.

The deputy head of the Commune Police shall be decided by the president of the Commune People’s Committee after consulting the head of the district police.

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.

2. The deputy head of the Commune Police shall receive a monthly allowance equal to the allowance for other posts in the Commune People’s Committee as stipulated in Clause 5, Article 3 of Decree No. 09/1998/ND-CP of January 23, 1998 of the Government.

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;

3. Budget for the managerial and administrative activities of the commune People�s Committee.

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

Article 20.- The Ministry of Public Security shall direct, guide and inspect the People’s Committees at all levels in the building of the Commune Police; decide on the program and contents for fostering and training in speciality and skill, in law, in the form of certificates, insignia and the quantity and types of weapons and support instruments for the Commune Police; to assure the budget of training and fostering in specialty, skill and law as well as in the equipment of weapons and support instruments for the Commune Police.

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.

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