Circular 01/2007/tt-Bca (X 13): Guide The Implementation Of A Number Of Articles Of Decree No. 12/2007/nd-Cp On January 17, 2007 Regulations On Serving Citizens In Duration Public Security People

Original Language Title: Thông tư 21/2007/TT-BCA(X13): Hướng dẫn thực hiện một số điều của Nghị định số 12/2007/NĐ-CP ngày 17/01/2007 quy định về công dân phục vụ có thời hạn trong Công an nhân dân

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CIRCULAR Guide made a number of articles of Decree No. 12/2007/ND-CP on January 17, 2007 regulations on serving citizens have the time limit of public security of the people on September 17, 2007, the Government issued Decree No. 12/2007/ND-CP stipulates citizens serving time in the people's police (CAND). To perform, the Ministry of public security detailed instructions paragraph 1, paragraph 2 article 4; paragraph 3 article 5; item 2 article 6; point a paragraph 1, item 2, item 3, clause 4 Article 8; Article 10 of Decree No. 12/2007/ND-CP, such as the following: 1. selection of subjects and time served in the term CAND (item 1, item 2 article 4) 1.1. Citizens of the Socialist Republic of Vietnam, the age from 18 to 25 years old, expired permanent address on the territory of Vietnam, signed his military service in the communes, wards and towns where citizens have permanent residence, are eligible under the rules.
a. In the current situation, only the male enrolment, selection priority persons from the age of low to high age.
b. for the unit: Guard command and police protection and judicial assistance: citizens from 18 to the end of 22 years old.
1.2. Service time term in CAND of citizens is three years (36 months); be calculated from the day the citizens were present in the central cities, to perform the obligation to serve in the term CAND (recorded in the decision to recruit citizens serving time in CAND) to the date of signing by the authorized discharge decisions.
2. Education level (paragraph 3 article 5) graduation from high school or middle school student. The mountains, the high, remote areas, borders, islands are recruiting citizens graduating from high school. Public security, local units to do well the work of creating sources to recruit enough targets.
In case of difficulty recruiting source, not enough of the target, then the Director of the public security Department, central cities must report to the Ministry of public security before 45 days (up to date, get the citizens to enlist to serve term in CAND) for delivery to other local targets additional recruitment.
3. Order and selection procedure (item 2 article 6) 3.1. The city, centrally established the review Council, selection, including:-Chairman of the Board: Mr. Deputy Director of Public Security Department, central cities, in charge of the construction work force.
-Vice President: comrade head of Organization Department.
-The members are representatives of public security, districts, towns and cities in the province; units: mobile police, security and judicial support, fire police and fire, detention Camps, logistics, medical Room (where there is a private medical Rooms) and representatives of the Ministry of public security units have local recruitment targets: Security Bureau investigation , Police protection and judicial support, the police, prison administration, educational establishments, school (if applicable).
a. the unit under the Ministry of public security has only recruited locally, send representatives to join the Panel, of the Police Department, the central cities to participate in the review, the selection of units for its citizens, according to norms and standard rules.
After getting to the subdivisions, within a period of 12 months (from the date of delivery, the receiver military) if the test findings cases not eligible according to the rules, then the unit heads have dispatch send public security provincial-level people's committees of communes where citizens have permanent residence before enrolment served term in CAND (dispatch stating the reasons) and elections officers direct the charged citizens about social people's Committee. At the same time, the heads of units that contact the Council's selection of the local police to recruit other cases, ensure the target assigned to it.
b. decided to recruit citizens serving in the term CAND be taken for successful person before 15 days of July, citizens must be present in the province, the central cities. Successful Executive citizens the right time and place stated in the selection decision; If for some reason that late, they must have the certificate of the people's Committee of the social level.
c. decided to recruit citizens serving in the term CAND form due to the Ministry of public security regulations and be sent ahead for successful citizen 01, the Commission granted the people's communes where citizens have permanent residence 1, save the profile 1 version and the associated units each where 7 a.
3.2. the delivery ceremony, receiving the citizens enlisted to serve in the term CAND: a. before the delivery ceremony, receiving the citizens enlisted to serve term in CAND, local units must be allocated for new soldiers some costumes are as follows: 1 K28 clothes soldiers January hard hat, have mounted police brand, 1 double, 1 cloth shoes socks, 1 bath towel, 1 belt to belt, 1 small, 1 backpack, 1 bag of three sets of badges, red smooth + public safety mark is under 18 Cup.
b. the central cities, organized the ceremony, receiving the citizens enlisted to serve in the term CAND under the guidance of practicing construction.
3.3. After the delivery ceremony, receiving the citizens enlisted to serve in the term, at the latest within the period from 03 to 05 on public security, local units must organize opening lock (class) of training new soldiers.
4. Authority and time style, promoted to the rank of a function with respect to commissioned officers, soldiers serving in the term CAND (art. 1 article 8) 4.1. Director, principal and equivalent; Director of the public security Department, the central cities of decision-making rank private function for the soldiers serving there term since opening day locking (class) of training new soldiers. New soldiers in the guard command, Security Investigation Agency rank the people's security function; new soldiers in the province, central cities and units: police protection, judicial assistance and the Bureau of prisons, the management of the institution, the school brought the police function level styles.
When enough 6 months from date of rank private functions shall be promoted to the rank of warrior function; 6 months from the date promoted Soldiers function for the review shall be promoted to the rank of officer. The time limit to review promoted the next function ranks for non-commissioned officers, soldiers serving there term rounded five (full 12 months).
4.2. Training non-commissioned officers, soldiers serving there term follow the Ministry's regulations. Eyes still made according to the decision No. 312/2000/QD-BCA (X 14) on 13/4/2000 of the Minister of public safety regarding the promulgation of training soldiers obliged public security. The Heads of the unit: Guard command, police protection and judicial assistance, the Bureau of jail management , the institution, the school's Director of public security and education the central cities, the Organization made the entire program of training new soldiers at the training facility of the local units themselves.
5. standard, only commissioned officers, soldiers serving there term considering the examination in the Field and CAND examination to go professional in practicing (item 2 article 8) 5.1. Review standard examination in the School a CAND. Commissioned Officers, soldiers serving there term has enough 18, serve over (competition), soldiers complete the mission over, high school graduation, high school supplement is capable of development and training needs at the University level , Middle School (the main system) was considering the examination on the School and the School District in CAND Ministry of Defense, according to the Ministry of public security plan.
b. the time commissioned officers, soldiers serving in the term CAND learning at the school included in the review period, promoted to the rank of a function. During studying in the schools continue to enjoy extra mode level level function and the other mode as in service has a time limit. After graduation, salary, promotion to the rank of a function according to the regulations of the Ministry of public security. 5.2. Rate and review standards achievement test to move on to professional mode in practicing a. non-commissioned officers, soldiers serving there was enough period 3 years; in the 3 years that are achieving soldiers complete the mission over, consider examination to go professional in practicing.
b. based on the mission requirements and the staffing situation every year, public security units, local recommendations, the Minister of public security decided to target professional switch mode; the rate of transfer to the professional mode for each local unit, not more than 50% of non-commissioned officers, soldiers serving there was enough period 3 years.
6. mode, policy for non-commissioned officers, soldiers serving there in the period of time in service (article 8 paragraph 3) 6.1. Extra multiplier function rank Sergeant: Sergeant: 0.70 0.60 0.50: Infantry corporal: corporal: 0.45 0.40 non-commissioned officers, soldiers serving in the five months to May 25th from Sunday 36, enjoy an additional 200% monthly stipend level functions are affected.
6.2. vacation mode a. non-commissioned officers, soldiers serving at five from the second year onwards each year was sabbatical, vacation time is 10 days (not counting the time goes on and on), paid money train, car and enjoy the extra mode level (public works) as specified in circular No. 03/2004/TT-BCA (V22) on 18/3/2005 of the Ministry of public security. in particular, such as parents, siblings, brother ill, family death or disaster shall be addressed rest on 3rd time (not counting the time goes on and on); If there are outstanding achievements in combat, then was settled March bonus days off (not including travel time and about visiting family) and not more than 2 times in a year.
b. non-commissioned officers, soldiers serving at the expiration of the five to be demobilized in the year that are not deployed then paid vacation (10) according to the extent of eating we enjoy as prescribed.
c. non-commissioned officers, soldiers serving there term is students are learning under the training programme of the Ministry of public security from 7 years and over that time the summer between 2 academic years, the summer vacation time is calculated in the vacation mode.

d. in time served term in CAND, does not resolve the policy for non-commissioned officers, soldiers would sign the marriage (if there are special reasons, such as: parent; his paternal grandparents, not disease through out or because the customs of ethnic minorities, can not postponed to after the expiration of service , then the Director of reporting and public safety Director equivalent or the city, centrally decided). At the same time, to implement the procedures and verification records as for officers, professional soldiers.
7. mode, the discharge policy; conditions and procedure of discharge before the term for non-commissioned officers, soldiers serving in the term CAND (article 8 paragraph 4) 7.1. Non-commissioned officers, soldiers served enough time limit according to rule to be active and enjoy the export policy, the five modes: a. job creation support: enjoy 12 months of wages according to the general minimum wage applies to public servants and objects belonging to the armed forces at the time of discharge.
b. grants discharge once: for a year served in CAND support by 2 months salary according to the general minimum wage applies to public servants and objects belonging to the armed forces at the time of discharge.
c. the case of commissioned officers, soldiers, before being recruited to serve in the term CAND did work and social insurance premiums in the State bodies, organizations, economic basis in the economic sectors shall be entitled as follows: + When demobilized about local: commissioned officers soldiers before being recruited to serve in the term CAND be officers, servants, employees, contract labor is labor that have involved social insurance premiums shall be computed entitled retrenchment as the officers, servants, employees and contract workers when quitting. The payment of retrenchment for commissioned officers, soldiers demobilized about by local State authorities, institutions, the economic base in the economic sectors in which non-commissioned officers, soldiers were working before being recruited to serve in the term CAND payment under current rules.
The case of the institutions, the economic base has dissolved, the social insurance agency which hosts the local economic base, say on social insurance is responsible for the payment.
+ When discharge switch to working at State organs, institutions, economic basis in the economic component, the time active social insurance shall be calculated according to the provisions of the law on social insurance.
d. non-commissioned officers, soldiers serving there term of 24 months to 36 months, enough when demobilized are grants more functional level allowance/02 we enjoy.
Sync Was directly administered units commissioned officers demobilized soldiers organization, bringing them back to the place of residence by boat, car or payment of the ship, vehicle, road allowances as specified.
e. Management Unit to commissioned officers, soldiers held farewell meeting before they discharge, be spent on meeting costs according to the provisions of the Ministry of public security. 7.2. Non-commissioned officers, soldiers demobilized before the deadline was maximum use made of the regime, such as the policy for non-commissioned officers, soldiers served enough time limit of discharge, specified in section 7.1 above. Export-contingent subsidies specifically about once, if there are odd: months-Under 1, does not support exporting.
-From April 1st to 6th, support by 1 month salary according to the general minimum wage applies to public servants and objects belonging to the armed forces at the time of discharge.
-From 6 months to under 12 months are entitled to a pension equal to 2 months salary according to the general minimum wage applies to public servants and objects belonging to the armed forces at the time of discharge.
7.3. Training mode, apprenticeship, job when demobilized a. commissioned officers, soldiers, before being recruited to serve in the term CAND working in State bodies, institutions or economic basis in the economic sectors, the Agency, organization, economic base of receiving return to work after the discharge. If the agency or organization, the economic base that has dissolved or bankruptcy, the superior Agency the Agency's management, the Organization, the economic base that is responsible for resolution.
The case agency supervisor, agency management organization, the economic base that has been dissolved or has no direct authority, the Department of labor, invalids and Social Affairs is responsible for chairing, in cooperation with the relevant State bodies, economic institutions, civil society organizations of the same level to tackle the job.
b. non-commissioned officers, soldiers are welcome to work in the State bodies, organizations, economic institutions in the economic sectors are ranked according to wage work, the time active on the working time and enjoy mode, the current regulatory policy for officers civil servants, officers and employees in the economic base.
c. non-commissioned officers, soldiers, before being recruited to serve in the term CAND have the paper calls on learning in vocational schools, professional secondary schools, colleges and universities, when demobilized are welcome to study at the school.
Case of non-commissioned officers, soldiers serving at the expiration of five when demobilized have health, wishing vocational and job are entitled to the policies under current rules.
7.4. Non-commissioned officers, soldiers demobilized before the time limit a. non-commissioned officers, soldiers serving there time limit could be demobilized before the deadline in the following cases:-the Council of medical examiners the central cities, the conclusion is not enough health to continue serving in CAND.
-Difficult family circumstances, need to consider, in particular, resolution: + children of martyrs, the wounded, the sick soldiers of 1st class 1.
+ I or the only remaining brother martyrs.
+ Is the only labor must directly care for, nurture others in the family no longer labor or not yet come of age.
+ Is the only labour in families has just been heavy damage to persons and property caused by accident, disaster, disease causing danger.
b. discharge procedures ahead of time-for cases not enough health to continue in service: + the commissioned officers, soldiers have the petition.
+ Director of Public Security Department, central cities have written to recommend the medical examiners Board, central cities and concluded (for the unit: Security Investigation Bureau, police protection and judicial support, the police, prisons administration , the institution, the school brought: Bureau Chief, Commander has proposed text medical examiners Board of Ministry of public security examination and conclusion).
+ No conclusion to continue serving in the Board's CAND medical examiners the central cities, or of the Board of medical examiners, Ministry of public security. Based on the conclusions not enough health to continue serving active in CAND of medical examiners Board; Bureau Chief, Commander and Director of the public security Department, central cities decided to discharge before the term for non-commissioned officers, soldiers.
-For difficult family circumstances, should solve the demobilized ahead of time: + the commissioned officers, soldiers have the petition.
+ Social people's Committee and the police at district level where officers family, resident soldiers and recommended.
Pursuant to the provisions of the order and the actual circumstances of non-commissioned officers, soldiers were social people's Committee and the police at district level where officers family, resident soldiers and recommended, Bureau Chief, Commander and Director of the public security Department, central cities decided to discharge before the deadline for commissioned officers soldiers.
8. Responsibilities of Heads of public security units, local used non-commissioned officers, soldiers serving in the term CAND (article 10) 8.1. October, the heads of the units of the Ministry of public security and Director of the local public security, based on the regulations and the need to use non-commissioned officers, soldiers serve has a time limit, the proposals for the Department (through practicing construction) the number of recruiting citizens serving time next year of the unit local, (phase 1, phase 2). For the unit of the Ministry of public security, must be accompanied by specific enrolment numbers expected in each area (police, central cities).
On the basis of the recommendation of the police, the local unit Of the Bureau of construction of practicing evaluation, synthesis report, leaders of the Ministry of public security, the prime consideration, decisions and instructions of police units, locally made.
8.2. Based on indicators has been the Prime decisions, notices and instructions of the General Directorate of construction of practicing, Director of the public security Department, central cities are responsible for: a. allocation decision selection criteria the citizens serving in the term CAND for County , district, town, city in the province.
b. advised the Chairman of the provincial people's Committee, the city of centrally directed the people's Committee and the relevant departments to create favorable conditions and priorities for CAND a selection among the citizens are eligible under the rules already registered in local military service into service has a time limit in CAND.
c. establishment of the review Council, recruited citizens serving in the term CAND.
d. establishment of the Health Council (composition, duties of the Board of health; Health Organization and funding for health follow circular walk: health-public security).
Sync-level public security Director in collaboration with the people's committees of communes, wards and towns, State agencies and other organizations, social organizations and the other base units (where successful citizens serving time in CAND) to take organization and secured to citizens of his base are present in the right time and location specified.
9. enforces provisions 9.1. This circular has the effect after 15 days from the date of signing, the previous provisions contrary to this regulation are repealed.

9.2. Serving term in CAND is a new regulation, however, is inheriting the rules about serving active in practicing, but there are many other points and new points than before. So, public safety, local units must promote the dissemination within and outside the public safety sector, to raise awareness for citizens and officers, soldiers, public security and create conditions for the implementation of regulations on citizens serving time in better CAND.
9.4. The unit: inspection of Ministry of public security, the General Directorate of construction of practicing, logistics ... According to the function of strengthening inspection, check the timely detection and handling of violations, in order to rectify and improve the effectiveness of implementing rules of citizens serving in the term CAND.
The process of implementation if there are obstacles, public security units, local report of Ministry of public security (practicing construction) to have timely instructions.
 

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