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Circular No. 12/2009/tt-Bca: Specifies The Implementation Of A Number Of Articles In The Social Public Security Ordinance And Decree No. 73/2009/nd-Cp Of June 7, 2009 Detailing The Implementation Of A Number Of Articles Of The Ordinance On C. ..

Original Language Title: Thông tư 12/2010/TT-BCA: Quy định cụ thể thi hành một số điều của Pháp lệnh công an xã và Nghị định số 73/2009/NĐ-CP ngày 07 tháng 9 năm 2009 quy định chi tiết thi hành một số điều của Pháp lệnh C...

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Social public security Ordinance base on November 21, 2008;

Pursuant to Decree No. 73/2009/ND-CP of June 7, 2009 detailing the implementation of a number of articles in the social public security Ordinance;

Pursuant to Decree No. 77/2009/ND-CP dated September 15, 2009 prescribed functions, tasks, powers and organizational structure of the Ministry of public security;

The Ministry of public security specifies the implementation of a number of articles in the social public security Ordinance and Decree No. 73/2009/ND-CP of June 7, 2009 detailing the implementation of a number of articles in the social public security Ordinance as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular specifies the implementation of a number of articles in the social public security Ordinance and Decree No. 73/2009/ND-CP on 7/9/2009 detailing the implementation of a number of articles in the social public security Ordinance (Decree No. 73/2009/ND-CP) about key Township, complexity of security , order; about the tasks, powers of the commune; the Organization, build the social public security forces and equipping the police.

Article 2. The object that applies to this circular apply to the public security police, the town where the Township has not yet deployed the main public security organizations (known collectively as The social security) and the agencies, organizations, individuals related to the Organization, the activities of the communes on the territory of Vietnam.

Article 3. Point Township, complexity of security, order 1. Communes (xã) key, the complexity of security, order include: a national border township; Island Township; Inland Township, a coastal township located on the politics, economy, culture, social security, defense or the security situation there, the political order, social security often have complications.

2. the Director of the public security Department, central cities (known collectively as the provincial police) is responsible for recommending, make a list of key Township, complexity of security, order the President of the people's committees of the same level, the signed recommendation to the Minister of public safety to review the decision.

Bureau of construction of citizen movements defending homeland security is responsible for receiving records, chaired, in cooperation with the Bureau, the relevant units of the Ministry of public security research, the Minister of public safety consideration, decided to list the key Township, complexity of security, order; where necessary, the Director of provincial public security to exchange the uniform before the Minister of public safety.

Chapter II SPECIFIC POWERS, DUTIES of PUBLIC SECURITY article 4 TOWNSHIP. Grasp the situation of security, order, social security; reception, sorting, handle the signs violated the law on security, order, safety of local civil society 1. The security situation, social security, order that the police must master Township include the following principal issues: a) the situation of operation of objects with the money; the parole, spared jail ahead of time; the Executive who finished punishments in prison; accused the accused are in; the agencies conducting the proceeding measures prohibited to leave place of residence; persons sentenced to imprisonment but has not yet decided to enforce the judgment or are delayed, temporarily suspended imprisonment sentence or Executive are entitled to probation; people are not improving criminal detention, prohibition of residence, prohibition, probation service, all practising or doing certain work, stripping some citizenship rights; who needs education measures in communes, wards and towns; people were measures taken on the basis of education, healing facility, the school brought but were postponed or temporarily suspension of decision; drug addicts or drug addiction;

b) expression and corrupt behavior, negative, wasteful; the phenomenon of gathering, disturbing public order, claim the Eastern; divisive, causing loss of solidarity among the people; Organization, entice, provoke others, advocates against party policy, the laws of the State; the political, economic, criminal; the social ills and other law violations occur on locality;

c) fluctuations in the population situation and the people in other places to live, do business, live on. For the commune borders, coastlines, Islands, need to master the situation, activities and infiltration of unauthorized residence of foreigners in the commune;

d) security situation, safety, social order occurs in bodies, businesses, schools, organizations, unions at the grassroots and other situation relevant to the work of ensuring security, order, social security; loopholes, shortcomings in the implementation of the policy, the policy of the party, the State's law and suggest remedies.

2. The news, the incident on security, order, social security must be verified, verified, classified to appropriate disposal measures: a) the case is less than the level of violations are handled by legal remedies must be reminded, explaining, educating people to have violations their sense of law observance, respect social morality and local regulations;

b) cases of violations of the right to treat administrative violations, if that violation in the authority sanctioning administrative violations of the Township Public Security Chief to conduct sanction; case of exceeding authority sanction of the Township Public Security Chief moving violation records up to the authorized regulatory sanctions; the case of the violations in the object being applied measures to handle other administrative violations, then move up to profile authority to handle in accordance with the law;

c) violation cases with signs of crime, the establishment of the original records, testimony of people who knew the victim, emergency organizations, victims, protect the scene (if any), capturing, preserving artifacts, vehicles violating the provisions of the law and notify the police superiors to take measures promptly;

d) where people congregate, disturbing public order, or the complexity of security, order, exceeded the authority and ability to solve social security's must then advised the Committee at the same level people have proper disposal measures, not to complicate the situation more at the same time must notify the police superiors to have the appropriate disposal measures.

3. The security situation, order and service work, receive news related to security, order, social security must be saved to the profile according to the regulations and instructions of the police. The important information to report the same level people's committees and public security superior to ask for guidance.

Article 5. Core construction-citizen movement in protecting homeland security.

The communes are responsible for staff, proposed to grant the Committee of the party, the people's committees of the same level of policy, planning, content, form, methods to launch, maintain and promote citizen movements defending homeland security; advocacy, education, raising awareness, responsibility to protect homeland security for people; take care to build, strengthen and promote the activities of mass organizations protect security, in order to help these organizations operate effectively and become the kernel of promoting citizen movements defending homeland security on.

Article 6. Prevent, detect, fight, fight crime and social ills; protect security, order, social security, protection of life, property of individuals, agencies and organizations on social public security is responsible for coordinated with agencies, organizations and other force on: 1. Chief, proposed to grant the Committee of the party and the people's committees of the same level of content , common measures, legal education; launching the whole people to join the fight, fight crime, social ills and organized the implementation of the present work; promptly detected, resolved and joined a good resolution new contradictions arise in the masses of the people, the negative phenomena easily arise crime and violate other laws; There are plans to build grassroots masses to grasp the situation of security, order; detection, tracking the phenomenon in question, who is breaking the law to take measures to fight, prevent timely.

2. building plans and implementation of control, patrol, checking the observance of the provisions of the law of security, order, social security agencies, organizations, individuals on the locality as prescribed by law; timely detection, containment and disposal of criminal violations, social ills and the violations of the law occurred on.

Article 7. Make the management of residence, identity papers and travel documents.

The communes are responsible for: 1. oversee the organization registration, management of residence according to the authority; grasp the household situation, on demographics; building plan check residences; reception, check the profile resolved sign staying, stay informed, declare a temporary absence of the citizens; understand and implement the regime reported up the superior public security situation, demographic is alien, Vietnam people settled abroad are in fact reside; receive and settle under the jurisdiction of the complaints, accusations related to registration, residence Manager.

2. Grasp the people from 14 years old enough yet to be issued identity papers, cases of expired or lost identity paper to make a list of the proposed report, police districts, the paper again identity card for citizens; check processing, according to the authorities the case of violation of the provisions of the law on management and use of certificates on people; information regimes, report and resolve complaints, accusations about this work according to the authority.

Article 8. Implementation of the provisions of the law on the management of weapons, explosives, tool support; about fire and fire; the management of security, order for business lines conditional on security, order on social public security is responsible for:


1. Grasp the situation the number, location, agency, organizations are equipped with arms, weapons, sports, support tool, the business unit, the production of explosives; the situation of the armament for self-defense militia forces; list of people who have hunting rifles; test planning, guides the Organization, individuals are allowed to use weapons, explosives, tool support; timely detect, prevent and treat cases of sale, shipping, storing, unauthorized use or seized weapons, explosives, tool support and the violations of the provisions of the law on management, use of weapons, explosives, tool support; perform statistical mode, reports under the provisions of the law and instructions of the police.

2. Implementation of the provisions of the law on fire and fire, on the protection of the environment; in collaboration with agencies, organizations conduct test, urge, organization and personal guidance on executive regulations of the law on fire and fire, on the protection of the environment; the people's Committee of proponent the same level of organization building mass forces do fire prevention and extinguishing in place; planning, proactive approach to deal promptly when fires occur.

3. Grasp the situation, the number of business establishments is conditional on security, on order, make a list of statistics, the number of establishments and persons working in the base business; receiving records is committed to making the conditions of security, order; implementing rules of law in the management of security, order for the rental basis of stay according to the authority; in collaboration with public safety levels on the check, guide the business establishment conditions of security, order, timely detect, prevent and treat according to the jurisdiction of the violations of the law of security, order of business establishments; taken seriously the information mode, superior police report regarding the management of business lines conditional on.

Article 9. Organized offenders tang, who have decided to pursue, in search of refuge on the communes are responsible for holding the catch offenders tang, who have decided to pursue, seek refuge in the town. Difficult cases, exceeds the ability of the township public security must immediately report up the police supervisor to have the direction, support timely.

After catching offenders tang, who have decided to pursue, or tracing the offender himself, must set the minutes according to regulations and leads right up the audience award, the superior public security; the case of night or the way far away, could not lead the tournament right up on the level of public security are to tight management organization who was arrested at the headquarters of public security civil or communal people's Committee and are deployed guards, not to the person arrested to escape or commit suicide. The management of the above mentioned subjects are taken as prescribed by law; the case of the person arrested is a dangerous object is locked hand, disarmed, hung over the use of the object, and must immediately report all the way with the police superiors to ask for direction in time.

Article 10. Mobilize people, the media in case of necessary 1. In urgent cases, to aid victims, rescue, rescue, Chase offenders tang, who have decided to pursue, Hunt, the Chief of police or Deputy Chief of public security civil Township be authorized Township Police are mobilizing people, means of individual institutions to perform the task and must return the vehicle immediately mobilized when situation terminates and must immediately report to the President of the people's Committee at the same level on the mobilization of that; the mobilized individual to be responsible before the people's Committee and before the law on the mobilization.

2. where the means of the Organization, the individual being damaged then the media owners are compensated according to the provisions of the law. If the mobilization of social public security Chief or Deputy Chief of police town is clearly not needed or contrary to law which leads to damage to the media, the mobilization of responsible individuals in the reimbursement of damage were compensated for the vehicle in accordance with the law.

Article 11. Join coordination ensure order, road safety 1. The police chief responsible for the communal people's Committee at the same level planning advocacy, guide people the correct observance of the provisions of the law on ensuring order, road safety (road, rail, inland waterways); involved in cooperation with the traffic police force made the task of ensuring order, safety on. Participation in coordination with traffic police duties ensure order, road safety must be in accordance with the provisions of the law and instructions of the police.

2. Prohibiting arbitrary township public security set out in the regulation is contrary to the provisions of private law on traffic safety, order or arbitrarily preventing, controlling, difficult, hindered for people and vehicles involved in traffic.

Article 12. Perform other duties as prescribed by law in addition to the duties specified in the social public security Ordinances and instructions of this circular, the commune is responsible for performing the tasks of security, order and social safety, due to the level of the Party Committee, people's committees of the same level and on the level of public security. Case assignment does not match the functions and tasks of the public security committee level or township Party Committee, people's communes have direction other than the direction of public safety levels on the right, suggested recommendations to the granting Party Committee, people's committees of communes have adjusted accordingly; where necessary, they must report the police at district level to have the coordination, timely direction, law, ensure the consistency between the level of party Committee, people's committees of communes and public security.

Chapter III CONSTRUCTION of SOCIAL PUBLIC SECURITY FORCES, article 13. The title of public security and social public security layout 1. Public security including the titles: head of the civil police, Deputy Head of public security and public security staff, were deployed as follows: a) Each commune was assigned a Deputy Head of the civil police; point Township, complexity of security, order, and type 1, type 2 Township Township as stipulated in Decree No. 158/2005/ND-CP on December 27, 2005 by the Government on administrative classification commune, Ward, the layout is not more than two Deputy Chief public safety town;

b) Every Hamlet, Hamlet, village, Hamlet, a wholesale, phum, care and residential units are equivalent (written as Hamlet, a) are arranged a police staff. For Hamlet, a key Township in the complex, about security and social order, type 1, type 2 Township was assigned no more than two public security staff.

Residential units equivalent to hamlet, is the town's residential unit are the people's committees of provincial level public security layout suggestion in this residential units.

c) at head office or place of work of public security was deployed not over three public security staff on duty available 24/24 hours daily.

2. Pursuant to the provisions of Decree No. 73/2009/ND-CP, Decree No. 92/2009/ND-CP on 22/10/2009 regarding the title, quantity, modes, internal policy, public servants in the communes, wards and towns and those not dedicated to the, Director of the provincial public security is responsible for coordinating with relevant agencies suggest people Committee the same level of the provincial people's Council regulations Deputy Minister of public security and public security staff in active people titles are not dedicated to the specific number of decisions and the Deputy Minister of public security, public safety, public safety staff members of each town, each village.

3. The appointment, dismissal, maneuver, Chief of public security from his commune, Deputy Head of the town follow the provisions in paragraph 3 article 10 of the Ordinance on public security and the other legal texts concerned.

4. responsible Township Police report the opinion of the Chief of police at district level before the proposed communal people's Committee Chairman decided to recognize, dismissed public security staff. Within five days from receipt of the report of the public security police, township-level divisions must have text answers to the Township Public Security Commission Chairman town decision recognized the dismissal of public security staff.

Article 14. Recruit citizens into social public security 1. The population of Vietnam is recruited into the police are qualified Township prescribed in clause 1 article 4 of Decree 73/2009/ND-CP and other provisions of the relevant laws. Special cases, in the mountainous, remote areas that may not have met the prescribed standards enough to make the Township Public Security Chief to report provincial police Director before appointing the Chief of public security.

2. The selection of social public security must guarantee democracy, public, transparent. For people who are expected to recommend the appointment to the position of Minister of public security and Deputy Minister of public security, the people's committees of communes must represent opinions held the village party branch and place that (if the party members) before considering the introduction. Minister of public security, police districts are responsible for staff, help the people's Committee at the same level have the recruitment plan, planning, layout, use of social public security guarantee stable, long-term, meet the requirements of security, safety, social order in geographical basis.

3. Select profile on public security including: a) petition to join the communal police force;

b) affidavit of the personal history of the commune people's Committee;

c) health of health facilities from the district level;

d) diploma or certificate education level as prescribed by the law.

Chapter IV EQUIPMENT for PUBLIC SECURITY article 15 TOWNSHIP. Equipment, arms management, support tools 1. Customized features, the situation of each commune, the commune was the armament, support tools, including: rifle, submachine gun; rubber whip, stun guns, batons. Director of provincial public security based on the characteristics of the situation, required the work of ensuring security, order, local reports suggested the armament, support tools for social public security sends about the Ministry of public security (through the General Department of logistics-technical) to plan accordingly.


2. Weapons, tools of social public security must be managed, secure, sure, at Headquarters or place of work of public security and follow the prescribed mode right about the registration, management, maintenance of weapons, tools and resources. Minister of public security must regularly check the Township executive regulations governing equipment, management, weapon use, tool support; the case is lost, damaged or missing weapons, tools and resources, must immediately report to the police at district level.

3. Weapons, tools and resources of the only Township is equipped to do the task and are due to social or public security Chief Deputy Head of public security was assigned in charge of the decision; When the task is completed, to return immediately to the person in charge directly. The delivery of weapons, tools, support must have newsletter and log tracking, managed according to the regulations. Must make serious reporting on the State of management, use of weapons, tools of social public security support as follows: quarterly, public safety public safety report Township districts (through team management about social order); six months, police districts reported provincial public security (via the police administration of social order); annual recurring, provincial public security Ministry reports (via the police administration of social safety order).

4. The use of weapons, tools and resources to perform as prescribed by law and is used only in case of the need for proactive crime, arrest offenders tang, who have decided to pursue, Hunt, aggressive thug object, against people on duty or in the case of legitimate self-defense and the urgent case other provisions of the law.

Prohibits any acts of buying, selling, exchanging, illegal use of weapons, tools and resources; delivery of weapons, tools and resources for people who have no responsibility for borrowed, use; weapons, tools support when no duty or take home.

Article 16. Records, books, equipment, and facilities required to be equipped Township Police records, filing cabinet, desk, Chair, books, equipment, and facilities required to work. On the basis of the proposal of the Minister of public security, the people's committees of the same level plan or process-level people's committees on the planned shops, equipped with the means to serve for social public security, meet the requirements of security, safety, social order in geographical basis.

Article 17. Social public security certificate 1. Minister of public security, Deputy Head of the public security and police members used "social public security certificate" issued by the police at district level and must carry when officiating.

The police districts are responsible for the provision of regulated, modified, revoked the certificate of social public security.

Who are the social public security certification is responsible for maintaining, preserving and not let others borrow or use; If lost or damaged, must immediately report to the Minister of public security police report to township-level divisions; When not doing social public security, must return the certificate to the township public security agencies have granted; the case for lost or loaned the township public security certificate depending on the nature and extent of the violation, which could be disciplined or processing violates legal regulations.

2. "the social public security certificate" is made of hard paper, 9 cm x 7 cm, in front of brown background, text color pale yellow; the back pale yellow background, black text; the "certificate of social public security" red, according to the following pattern: the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PUBLIC SAFETY CERTIFICATE CERTIFICATE TOWNSHIP PUBLIC SAFETY Photo 3 x 4 TOWNSHIP name.....................
Year of birth:.....................
The commune:..................
Title:...................





Value to the end of the day ... month ... year ....





Number: ... ... ... ....



On ..., ... in police district (name, stamp) front back chapter V IMPLEMENTATION Article 18. Responsible for organizing and directing, instructing, examining the implementation 1. Chairman of the provincial people's Committee to implement state management functions of public security civil jurisdiction; Steering Committee and public security levels, agencies, local organizations in implementation of the provisions of the public security Ordinance, Decree No. 73/2009/ND-CP, guides of this circular and the other provisions of the relevant legislation; construction of public security in a clean, strong, meet the requirements of security, safety, social order in the facility.

2. The General Department of police administration of order, social security, in coordination with the relevant unit direction, guidance for public security in the administrative management of order, social security; management, weapon use, tool support, mode records, books, service documentation form for social public security work; held in the model and "social public security certificate" for the locality as defined in clause 2 article 17 of this circular.

3. General Directorate of the police in crime prevention, in coordination with the relevant unit direction, guidance for public security work in township fighting, crime, social ills and the violation of other laws.

4. General Security Bureau II presided, in cooperation with the relevant units to steer and guide the public security situation and grasp the Township made the task of political security, internal security, rural security; Prevention of these types of violation of national security, the acts of abusing religion, ethnicity to work against the party's policies and guidelines, of State law, violated the right to freedom, democracy and citizen's Guide made consistent management mode, use the profile , the form for that work.

5. General Directorate of construction of the people's police force organization, directing the propagation, dissemination of the provisions of the law of social public security; directs the activities of officers, non-commissioned officers of public security people took on the titles of public security civil law regulations and the instructions of the Ministry of public security.

6. Logistics-technical lead, in cooperation with the relevant units to steer, guide and implement uniform on uniforms and other equipment for the pages, the social public security; in collaboration with the General Directorate of administrative police of order, social security, civil movement building Department protecting the homeland security review, decide specific equipment number, types of weapons, tools and resources for social public security under the provisions of the law and public safety's proposal to grant the province.

7. the entire population movement building Department protecting homeland security has responsibility for coordinated with the related unit Guide and steer the Organization construction of social public security forces, building citizen movements defending homeland security under provisions of the social public security Ordinance , Decree No. 73/2009/ND-CP, guides of this circular and the other provisions of the relevant laws.

8. The Department of finance is responsible for arranging the funding guarantee and instructions, check the management, using funding secured for activities of social public security under the task specified in paragraph 3 article 8 of Decree 73/2009/ND-CP.

9. the Director of the provincial public security is responsible for directing, inspecting the implementation of the provisions of the law of social public security; counsels, suggested to the President of the people's Committee at the same level on issues related to the organisation, operation and other modes, policies for social public security; the proposed solution, advocates, plans, measures to implement the provisions of the law on public security.

Article 19. Effect 1. This circular effect since 24 May 2010 and replacing circular No. 8/1999/TT-BCA (V19) on 10/8/1999 of the Ministry of public security guide and implement the Decree No. 40/1999/ND-CP dated 23/6/1999 of the Government on public security.

2. General Director of the Directorate, heads of subdivisions, Ministry of public security, the Director of provincial public security, the Director of the fire police, fire and rescue, rescue, heads of agencies, relevant organizations to organize, operate and perform mode, the policy for social public security is responsible for implementation of this circular.

In the process, if any problems arise, public security units, local authorities, relevant organizations of the Ministry of public security (through construction of citizen movements defending homeland security) to be timely instructions./.