Nghị định 12/2007/NĐ-CP về công dân phục vụ có thời hạn trong Công an nhân dân

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:

GENERAL PROVISIONS

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

Chapter 2:

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.

- Complying exemplarily with policies, guidelines of the Party, the laws of the State.

- 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.

Article 6. Order, procedures of recruitment

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.

- Vice Chairman: Head of Organization and Personnel Department.

- 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.

2. The recruitment of citizens to serve a term in the People's Public Security must ensure publicly, democratically, fairly and strictly; only recruit citizens who meet the criteria specified in this Decree and in accordance with target upon Decision of the Prime Minister.

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:

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.

4. Non-commissioned officers and soldiers of the People's Public Security served enough time in accordance with provisions are permitted for demobilization. Demobilized Non-commissioned officers and soldiers of the People's Public Security serving a term are enjoyed the regimes and policies as applied to demobilized military uniform as provided in Article 4, Article 5 of Decree No.122/2006/ND- CP dated October 26, 2006 of the Government detailing the implementation of a number of Articles of the Law amending and supplementing a number of Articles of the Law on Military Service in 2005 on the regime and policies for non-commissioned officers, soldiers who are in active service.

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.

Based on the criteria decided by the Prime Minister, the Minister of Public Security allocates norms and directs and guides the units of Public Security and People's Committees at all levels and relevant agencies in implementation of recruitment of citizens to serve a term in the People's Public Security, to ensure adequate norms and criterias as prescribed.

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./.

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