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The Decree 73/2009/nd-Cp: Detailing The Implementation Of A Number Of Articles In The Social Public Security Ordinance

Original Language Title: Nghị định 73/2009/NĐ-CP: Quy định chi tiết thi hành một số điều của Pháp lệnh Công an xã

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Pursuant to the law on organization of the Government of 25 December 2001;

Social public security Ordinance base on November 21, 2008;

Considering the recommendation of the Minister of public security, the DECREE: article 1. Scope 1. This Decree detailing implementation of some articles of the Ordinance on the township public security: the frame number of the Vice Minister of public security and public safety; selection criteria, training, trainer, costumes, badges, certificates of social public security; mode, the physical conditions and policy assurance for the operation of the public security agency.

Article 2. The object of this Decree apply apply to the police and the agencies, organizations, individuals related to the operation of social public security throughout the territory of Vietnam.

Article 3. Point Township, complexity of security, order and frame the number of Deputy Minister of public security and public security staff 1. Point Township, complexity of security, social order has important position on politics, economy, culture and social security,-defence or where political security situation often have complications.

Identifying key Township, complexity of security, order by the provincial people's Committee Chairman, central cities (hereafter referred to as the provincial level) recommendations, the Minister of public safety to review the decision. Every year, the local review, recommend adjustments, additional key Township, complexity of security, order.

2. The frame number of Deputy Head of public security and police members are defined as follows: a) Each town are arranged 1 Deputy Head of public security civil; point Township, complexity of security, order, type 1 and type 2 Township Township was positioned not more than 2 Deputy Head of public security civil;

b) Every Hamlet, Hamlet, village, Hamlet, a wholesale, phum, care and residential units the equivalent was assigned 1 public security staff. For Hamlet, Hamlet, village, Hamlet, a wholesale, phum, care and residential units in the equivalent key Township, complexity of security, order, type 1 and type 2 Township Township was positioned not more than 2 public security;

c) head office or place of work of public security deployed Township not exceeding 3 public security staff on duty available 24/24 hours daily.

Article 4. Selection criteria on social public security 1. Vietnam citizens from 18 years of age, have the following standards shall be reviewed, in the town where you reside: a) clear history, good moral qualities, do not have the money, the money; yourself and your family in good standing, the party's policy advocates, the law of the State. Chief of police is Township Communist Party of Vietnam;

b) healthy enough to perform the task of public security (are district-level health facilities and over);

c) Police Chief of public security, the Deputy Township is Township who had finished high school program or more (have a diploma or certificate programs learn secondary level by the competent authorities); Public security staff must have graduated from high school;

With respect to the mountainous, remote areas do not have the selection object has enough academic standards as defined at this point, the education level of the head of civil police, Deputy Head of the police and public security staff may be lower but also the complete primary program;

d) have the ability to perform the duties and have the voluntary participation of public security unit.

2. the people's committees at district level, the social level of people's Committee to have the planning, selection, layout plan, use public security, guarantee stable, long-term, meet the requirements of security, safety, social order in geographical basis; selection priority soldiers served in duration public security people have completed the obligation back to the local police force.

The selection of participants to ensure the township public security democracy, public, transparent, standard prescribed in this Decree and guidance of the Ministry of public security.

Police districts, police Chief of responsible Township, help people's Committee Chairman at the same level in the planning, selection, layout, use public security.

Article 5. Training, coaching, fostering social public security 1. Minister of public security Vice Minister of public security, civil Township was training, fostering, training at the training centre and the professional training of provincial public security or the people's police school, school people's security.

2. The Minister of public security specifies time, program content, training police, Deputy Head of public security.

Article 6. Costumes, badges, certificates of social public security 1. Costume and early expiry of police uniform was prescribed as follows: STT costume Name unit number of Teens (years) 1 1 2 2 ones hard Hat hats helmet 1 3 3 1 5 4 one piece pants, the coat fall winter sets 1 2 5 2 2 6 ones Pants Shirts 1 1 7 sets spring summer coat, belt 1 3 8 1 2 9 double Leather Shoes that small socks to warm the Jacket 2 1 10 1 3 11 double Ca out neckties that 1 2 12 1 3 sets of rainwear pants, Pants, jacket fall winter warm jackets and fitted to the local from the Hue back out to the North and 5 Highlands; the remaining local fitted pants, shirt spring summer.

2. Colors:-pants, coat, hat, stockings coloring grass;

-Small brown belt, yellow lock;

-Black Leather Shoes.

3. dress Type a) Austria fall winter dress Jacket:-in the style of sewing a shirt long sleeve, neck stand (there are spasms ca out neckties);

-Austria wearing out suits long sleeve style, body, garment dress bag garment had four previous tangent aside, the plastic buttons of the same color fabric. On the left hand of Austria have mounted police badges.

b) Austria bludong-style long sleeve apparel spring/summer, standing stock; 2 chest pockets front shirt-body garments, plastic buttons tiles of the same color fabric. On the left hand sleeve has tied public safety insignia (high shield-shaped 90 mm, width 70 mm, green background, contour around the yellow badge, on the badges with the township public security);

c-style sewing trousers Pants);

d) caps, front mounted police badge (shield-shaped, on the icon in the middle of the Sword-shaped and yellow Pentagram, under the symbol is the wheel and half book-shaped yellow message, on the message text book "civil police" in red).

4. The dress, badges and certificates of social public security must be regulated according to the specified mode and can only be used when on duty.

Prohibiting the loan, lease, buy, sell illegal outfits, police badges.

5. The Minister of public security specific regulations and detailed instructions model costumes, badges, certificates of social public security; providing, modified, revoked and handle breaches cases do take public safety certificate.

Article 7. Mode, the policy Chief for public security Vice Minister of public security, Township and the township public security staff 1. Minister of public security, Deputy Head of the public security and police members are entitled to salary compensation in accordance with the Government policy for the regime, officials and public servants in communes, wards and towns.

2. Minister of public security, the Deputy Head of the township public security and public security staff perform social insurance and health insurance under the provisions of the social insurance Law, the law on health insurance.

The Ministry of labor, invalids and Social Affairs, in collaboration with the Ministry of public security guide and the implementation of social insurance and health insurance for the communal police, Deputy Head of public security and public security staff under the provisions of the social insurance Law, the law on health insurance.

3. Police there were constant service time from full 60 months or more are entitled to seniority allowance each year by 1% of salary and allowance currently enjoyed; continuous work time from enough 15 years or more if the holiday because of the reason that is not yet eligible to retire is a voucher for every year of work is calculated by 1.5, the average wage and premium allowance currently enjoyed.

Seniority allowance is paid monthly in the same period salaries and used to play, enjoy social insurance regimes and health insurance.

4. Deputy Minister of public security and public safety employees have continuous work time from enough 15 years or more if the holiday because of the reason is a voucher for every year of work is calculated by 1.5, the average allowance currently enjoyed; When was the focus of training, refresher training, politics, law, professional enjoy fostering mode by the level of the basic food of the soldiers serving there are time limits for public security of the people; enjoy travel as for mode-level public servants.

5. Minister of public security Vice Minister of public security, Township and the township public security staff when on duty standing ready to fight at the place in key areas, the complexity of security, order and support each day by 0.05 times of the general minimum wage. Case of duty away from the residence, no conditions go, daily, the Agency had decided to mobilize the layout property, support vehicles, travel expenses or the payment of money to ship the car once,.

6. Minister of public security Vice Minister of public security, Township and the township public security staff being sick during the examination and treatment in medical establishments and supported payment of treatment from the local budget, specific support level by the President of the provincial people's Committee decision.


7. Minister of public security, the Deputy Township head of public security and public security staff on duty in the accident, while the focus of training, refresher training, politics, law, business or on the way to do the task, on the road, about where to focus training, fostering political, law, professional discretion of the convening authority shall be entitled to the following mode : a) paid medical costs in the process, emergency first aid until a stable injury treatment, discharge;

b) after treatment, are the people's committees of communes introduced go labor ability assessment in medical examiners Board under the provisions of the law.

The cases have involved social insurance shall make monthly or one-time allowance under the provisions of the law on social insurance. The case of people who have joined the social insurance decreased the ability of labour from 5% or more shall be entitled to the pension regime, the level of subsidies by the Ministry of public security and the Ministry of labor, invalids and Social Affairs specific instructions;

c) The accident made defective one or more body parts or functions, denoted under the form of different disabilities, degrade operational capability, making labor, learning difficulties, was entitled to the preferential regime prescribed by law for disabled people;

d) death cases, including death during the first treatment, if deaths have involved social insurance shall follow the provisions of the law on social insurance; cases of people being prepared yet to join the social insurance then responsible person buried was receiving money buried by 8 (eight), the minimum wage and the family of people that once subsidized by 5 (five) months minimum wage.

8. Minister of public security, the Deputy Township head of public security and police members injured, sacrifices while on duty or because of duty, are entitled to the regime, according to the policy provisions of the law on incentive people to the revolution.

9. Funds paid for the accident due to local budget. For participation by the social insurance fund of the social insurance payments.

Article 8. Ensure funding and infrastructure to serve the operation of social public security 1. Funding secured for public safety activities including the central budget and local budgets.

2. the State guaranteed funding and facilities serving operations, training, coaching, training, execution mode, policy and other necessary conditions for social public security.

3. secured State budget expenditure for the activities of the communes shall be as follows: a) the task of the Ministry of public security:-ensure the training, training, training on politics, law, professional civil police force due to the Ministry of public security organizations and ensure the fostering mode for the Deputy Head of public security and public security staff when study in the training course, coaching, fostering it;

-The manufacture, procurement, repair weapons, tools, equipment, costumes, badges, certificates of social public security;

-Chi sum, rewarded in the formulation by the Township police force, Ministry of public security held;

-Other expenses for social public security under the provisions of the law are the responsibility of the Ministry of public security.

b) task of local:-pay the salary, allowances and social insurance, lodging, medical insurance.

-Implementation of the policy, mode: fostering allowances, sickness, maternity, accidents, injuries, were sacrificed or died;

-For training, refresher training, politics, law, local business organizations and ensure the fostering mode for the Deputy Head of public security and public security staff when was sent to study at the training, coaching, fostering it;

-Shopping, badges and printed, the certification of public security under the Township form of regulation;

-Summary, summarizing and reward units, organizations, personal achievements in the construction of public security forces organized by the local township;

-Other expenses for social public security under the provisions of the law are the responsibility of the local.

For some task if made social insurance regime, health insurance, the social insurance agency paid, the State budget does not perform this task;

c) The estimating, Executive and secured budget settlement for the operation of social public security are carried out according to the provisions of the law on the State budget and the writing guidelines.

4. The Ministry of finance, in cooperation with the relevant ministries ensure implementation funding public safety Ordinances and decrees under the provisions of the law on the State budget.

Article 9. Effect 1. The Decree has effect as from 25 October 2009 and replaces Decree No. 40/1999/ND-CP dated 23 June 1999 from the Government about public security.

2. The Minister of public safety is responsible for specific rules and instructions detailing the implementation of this Decree.

The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.