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The Decree 43/2007/nd-Cp: Detailing And Guiding The Implementation Of Some Articles Of The Law On The People's Police

Original Language Title: Nghị định 43/2007/NĐ-CP: Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Công an nhân dân

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The DECREE detailing and guiding the implementation of some articles of the law of public security of the people _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law of public security of the people on November 29, 2005;
Considering the recommendation of the Minister of public security, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree, detailing and guiding the implementation of some articles of the law of public security of the people on the selection of citizens on public security people; the age limit for serving the public safety officer's people; seconded police officers, the people; apply professional public security measures; the policy regime for agencies, institutions, individual participants, coordinate, collaborate, help public security people; mode, the policy for officers, non-commissioned officers of public security of the people retire, transfer, only served in public security people; rewards for public security of the people and bodies, institutions, individual participants, coordinate, collaborate, help the people.
Article 2. The object of applying bodies, organisations, individuals and organizations, Vietnam foreign individuals reside, operate on the territory of the Socialist Republic of Vietnam to implement the provisions of this Decree and other relevant provisions of the law. The case of the international treaties to which the Socialist Republic of Vietnam is a member have other regulations shall apply to international treaties.
Chapter II a SELECTION of CITIZENS on PEOPLE'S PUBLIC SECURITY article 3. The goal, principles of selection of citizens on people's public security 1. A selection of citizens on public security of the people in order to complement, strengthen and improve the quality of staff, meet the requirements of the work, the fight of the people in each period. Additional selection of priorities for direct combat forces.
2. Selection of citizens on people's public security warrant process, objects, indicators, criteria and conditions were competent to decide.
3. The recruitment process of the citizens on public security to guarantee the correct implementation of democratic rules in the recruitment, admissions and in the construction of people's police force.
4. Every year, based on security requirements, the order, the Minister of public security, in coordination with the Interior Minister of the Prime Minister approving the total staffing of the public security of the people. Based on the approved staffing, Minister of public safety allocation targets and specific instructions the sequence, selection procedures of citizens on public security of the people.
Article 4. Criteria and selection conditions of citizens on people's public security of citizens of the Socialist Republic of Vietnam may be recruited into the police people when there are enough of these standards and the following conditions: 1. Loyal to the fatherland of Socialist Vietnam; There are biographies of themselves and their families is clear; exemplary Executive advocates, policy of the Communist Party of Vietnam, the State legislation of the Socialist Republic of Vietnam; quality, of good moral character; There is health, education level and skills consistent with the work of public security; There are aspirations in service in the people's police force.
2. Delivery of public safety Minister specified objects, standard and selection conditions to the citizens on the police force for people, each region and each specific period.
Article 5. Priority admission, students at the people's public security 1. The people's public security was a priority in the recruitment of students, graduates of excellence in academia, universities, colleges, professional, vocational, tertiary vocational level; are eligible for additional training on public security of the people.
2. The Ministry of public security, in coordination with the Ministry of education and training, Ministry of labor, invalids and Social Affairs and the authorities specific provisions on the procedure of selection of students, graduates of excellence on public security of the people. The training facility is responsible for coordination, facilitate the Ministry of public security made the admission, students demand excellence.
3. The selection of officers, non-commissioned officers are trained in the appropriate disciplines in the school of the people's army into the people's public security by the Minister of public safety and the Minister of Defense regulations.
Article 6. Selection, training citizens in mountainous, the high, remote areas, borders, Islands on the people's public security 1. To ensure security, order in the critical areas, the Ministry of public security annual priority selection of citizens of ethnic minority or other citizens have time usually stay from 10 years continuous back up in the mountains, the high, remote areas, borders, Islands on the public security of the people.
2. The Ministry of public security plans to recruit, public targets, standards, conditions of selection and implementation of the training, the fostering of culture, profession, legislation consistent with the requirements of public security work people; hosted, in cooperation with the ministries concerned regulations and perform mode, the policy for the objects specified in paragraph 1 of this article.
Article 7. Select the dispatched students, students, public safety officers training people in the institutions outside the people's public security 1. The Ministry of public security sent selected students, students, public safety officers to people outside the institutions of public security people to appropriate trades training to serving public safety work duties. 2. The Ministry of public security, in coordination with the Ministry of education and training and the authorities on the specific rules of procedure election of select students, students and public safety officers to training people in the institutions outside the public security people.
Chapter III the AGE LIMIT of PUBLIC SECURITY OFFICERS SERVING the PEOPLE of article 8. The age limit for the highest service and review conditions extend the public safety officer's people 1. The highest age limit of people's public security officer specifies as follows: lt: Level 50, 50;
Major, Lieutenant Colonel: 55 53 women, men;
Lieutenant Colonel: male female 55, 58;
Colonel, General level: 55 women, 60 South.
2. the people's police officers are considering extending years of service when the following conditions: a) the unit directly using other units or officers in the public security people really need.
b public safety officers) the people have good qualities, good health, voluntary and have one of the conditions of professional service:-scientific research personnel in public security people have titles of Professor, Associate Professor; the doctoral level; the title people's teacher, teacher, physician, physician, people's artist, and artists;
-In the people's public security officers are involved in the program, the State-level science subject; experts in the areas of public security work people;
-Special case due to the Prime Minister to decide.
Article 9. The deadline, competent to extend the service in the people's public security 1. The people's public security officers are eligible to the provisions in article 8 can be extend to serve one or more times, each time not more than 2 years but the time limit must not exceed 5 years.
2. where the review extend the service of the people's public security officers have a rank of major General from Office functions from the General Director over by the Minister of public security the authority to decide.
3. review case extend the service of the people's public security officer has the rank of Colonel from function, position from Deputy head back down by the Minister of public safety decisions.
Article 10. Mode, the policy for officers lasts years serves 1. The people's public security officers are extending the age of service then held management, command.
2. Special cases, in respect of officers appointed by the Minister and are age-long service was competent to decide shall still be held management, Commander for the remainder of the term of appointment.
3. Officers are extending years of service are entitled to salary and other modes according to the current rules.

Article 11. The previous retirement age of police officers serving the people 1. Public safety officer-people old enough to serve to the provisions in clause 1 of article 8 of this Decree, if enough in social insurance premiums as a rule shall be the competent authority made a retirement mode.
2. the people's public security officers have time in the work of public security people with enough 25 years female 20 years, if weak health, limited capacity, as required or voluntary work would break then was retired before the age limit.
3. The Minister of public security specifies the people's public security officers are retiring before the age of service.
Chapter IV SECONDED POLICE OFFICERS, and the AUTHORITY to APPLY the MEASURES of the PEOPLE'S PUBLIC SECURITY article 12. Seconded police officers, the people 1. Seconded police officers, the people included: a people's police) made the task of protecting national security, maintain social order and security and intelligence under the provisions of the law;
b) the people's public security officers to work in the organs of the party and State.
2. The Minister of public security specific provisions, conditions, standards and procedures for seconded police officers, the people to work in the party and State organs.
Article 13. Mode, the policy for public safety officers seconded people 1. The people's public security officer seconded as defined in art. 1 article 12 of this Decree all modes, policies defined in the decrees concerned;
2. the people's police officer seconded to work in the organs of the party and the State as defined in point b of paragraph 1 article 12 of this Decree, be entitled to the following policies: mode a) when selected, assigned to work in addition to the public security agency people, based on the organizational requirements , quality, qualifications, competencies, officers reviewed, appointed the position fits in the body. The process of work in addition to the public security agency people if developed well, was considering putting on the planning, the maneuver on the appointed management service, Commander of public security of the people;
b public safety officer) selected people sent to work in addition to public security organs of the people if not complete the tasks then the long position, maneuver on the Ministry of public security to other suitable work arrangement;
c people's public security officers) are present in the external public security agency people are entitled to social insurance regime under the provisions of laws and other policy regimes for police officers;
d) case by asking to return to service in the public security of the people, the delivery time is calculated in the time of continuous work to review promoted the rank of seniority and work function;
public safety officers) the people are present in the external public security agency people to retirement age, was assigned to the Ministry of public security to carry out the prescribed policy.
Article 14. Authority to adopt measures for public security of the people in business 1. And agency officials who are dedicated to protecting the national security of the people's public security be applied professional measures according to regulations of the people's Public Security Law, National Security Law and the other legal texts concerned.
2. business units and officers who are dedicated to fighting the Crime Prevention Department of the people's police force to be applied professional measures prescribed by the law of the people's public security, drug prevention Laws and other legal texts concerned.
Chapter V POLICY REGIME and COMMENDED article 15. Protection, confidentiality for agencies, organizations, individuals in collaboration, participation, collaboration, help the people's public security 1. State protection, kept secret for agencies, organizations, individuals in collaboration, participation, collaboration, help public security people in protecting national security, preserving order, social security.
2. The Secretary of the Ministry of public security issued a regulation to protect, keep secret for the objects specified in paragraph 1 of this article.
Article 16. The policy regime for agencies, institutions, individual participants, coordinate, collaborate, help public security agency people, institutions, individual participants, coordinate, collaborate, help the people in protecting national security and maintaining social safety order which is compromised of honor shall be restored , damage to property shall be compensation, injury, loss of life, the health of yourself and your family to enjoy mode, the policy prescribed by the law.
Article 17. Mode, the policy for public safety officers retirement people 1. Officer's retirement conditions are specified as follows: a) the people's public security officers leave the enjoyment of retirement mode in accordance with the law on social insurance;
b) break the officers enjoy a monthly retirement mode when expired years served as specified in paragraph 1, paragraph 2 Article 28 of the law of public security of the people and have enough social insurance premiums for 20 years or more;
c) the officers enjoy a monthly retirement mode as specified in paragraph 3 to article 28 of the law on the people's public security when there are enough of the following conditions:-male officers enough female officers to 25 years, enough for 20 years working in public security people over, if weak health, limited capacity.
Working time in public security people include: time is the officers, non-commissioned officers, soldiers, students (studying at the school of the people's police or schools outside the public security people), the workers, the people's public security officials, including at least 5 years is counted seniority. Working time in public security people is calculated according to the calendar year (not Exchange coefficient), if there is time, the interregnum was carried.
-Organ, the people's public security unit no longer needs the working arrangement or individual volunteer officers.
2. Calculation of the monthly pensions of officers is made according to the provisions of the law on social insurance.
Article 18. Mode, the policy for officers, non-commissioned officers of public security of the people moving the industry 1. Officers, non-commissioned officers moved the industry to work in staffing in State agencies, political organizations and social-political organization-paid from the State budget, State-owned companies are entitled to the following: mode a) precedence arranged employment consistent with industry expertise , engineering, professional; training and upgrading of professional service necessary consistent with the job duties;
b) are exempt from the examination if the transfer of the former agency or industry sector moved at the request of the competent State agencies, was arranged appropriate professional expertise;
c) precedence plus points to the results of examination when the examination of public officials. Priority points level by the Ministry of the Interior in cooperation with the Ministry of public security and other agencies, relevant organization specific rules;
d) arranged and paid according to the new job, a new position since January have decided to move the industry. The event weighting according to wage scales are ranked lower than the salary multiplier function ranks of officers, non-commissioned officer was entitled at the time of transfer of the reserved sector section the difference between coefficient of salary at the time of transfer of the industry (including allowances beyond seniority if there for technical professional titles) with a wage coefficient under quota , steps are folded when shipped in minimum time is 18 months since have decided to move the industry and by the Agency, the new unit. The continuation for addition to reserve the time paid 18 months due to agency heads have the authority to manage public servants consider the decision consistent with internal salary correlations. Enjoy time in reserve salary disparity coefficient reserve the corresponding decrease when public servants are raising the salary level or be entitled to seniority allowance beyond the quota or quota being lifted in the frame;

DD) case by asking to return to service in the public security sector transfer time people count on continuous work time to consider promotion to the rank of a function, the work of seniority;
e) officers, non-commissioned officers of public security people have moved the industry when they retire, the pension calculation specifies the following: – is taken as a base wage calculation of pensions at the time of retirement allowances plus seniority counts over time in people's public security officer salary , a commissioned officer at the time of transfer of the industry (converted according to the equivalent rank of salary at the time of retirement) to calculate pensions;
-The case of a pension calculated according to the level of pensions at the time of retirement allowances plus seniority as measured by the time the work is lower than the level of pensions calculated according to salary of officers, non-commissioned officers at the time of the transfer, the industry is taking a salary at the time of transfer of the industry to make pension calculation base.
2. Officers, non-commissioned officers transferred to work in enterprises, other units are not paid from the State budget, support only served in the people's public security under the provisions of this Decree, article 19 paragraph 3 and saved social security part of the time in the work of public security of the people.
Article 19. Mode, the policy for officers, non-commissioned officers of public security of the people stop serving in the people's public security officers, non-commissioned officers only served in public security that people not eligible to retire or not moving major discharge on local and enjoy the following mode : 1. Subsidized job creation according to the regulations of the State; priority to apprenticeship or employment at the employment service centre of the ministries, local unions, and the social-economic organization; priority selection under the cooperation program to put people to work abroad.
2. Enjoy social insurance regime and other regimes under the current provisions of the law.
3. Subsidized discharge once: for every year of work is calculated by a month the existing salaries and allowances (if any).
Time to enjoy the discharge subsidy regime is the total time in the people's public security work (including time as officers, non-commissioned officers, soldiers, students, workers, public safety officials the people); working time in the Communist Party, State agencies, social organizations, unions at Central, local and contractual time do have social insurance premiums (if any).
4. Officers, non-commissioned officers were demobilized on local in time not more than 1 year (12 months) from the date of the decision to discharge effect, if new employment, have demanded the industry then made major mode. When making the transfer mode, the industry must refund the received subsidies as defined in paragraph 2, paragraph 3 of this article.
Article 20. Convert time to calculate the affect mode when retired officer, major, served in the people's public security police officers, the people had the time in the work area or job specific nature shall be exchanged at that time to enjoy subsidized regime once when retired , major, served in the people's public security as applied to people's army officer, as defined in clause 2, 3 article 9 and article 10, Decree No. 04/2001/ND-CP dated 16 January 2001 from the Government detailing the implementation of a number of articles of the law of the people's army officer in 1999 about the mode policy for officers only serve Active; officers switch to professional or shifted to military personnel and civil servants.
Article 21. Mode, the policy for officers, non-commissioned officers of public security of the people turning to the workers, the people's public security officer 1. Officers, non-commissioned officer in an move to the workers, the people's public security officials are arranged according to new job salary. The case of the new wage system is rated lower coefficient of salary at the time of transfer to the workers, the people's public security officials, the reserved portion of the difference between the wage coefficient of officers, non-commissioned officers with the new wage system until being lifted by wage or higher.
2. Officers, non-commissioned officers were transferred to the workers, the people's public security officials deployed back or retire, made the mode specified in the point e e clause 1 Article 18 decrees.
Article 22. Funding to ensure the implementation of the policy, mode 1. State budget guarantees the funds made the mode: job creation subsidies, subsidies only served in the people's public security stipulated in paragraph 1, paragraph 3 article 19; paid training, paid salaries by the disparity in part reserve of officers, non-commissioned officer major provisions in the points a, d paragraph 1 Article 18 with regard to State agencies, political organizations, social-political organization-paid from the State budget; pay once for conversion time is regulated in article 20; pay part of the salary disparities due to the reserve of officers, non-commissioned officers transferred to the workers, the people's public security officials and expenses of social insurance premiums for additional time as commissioned officers, soldiers serving there term of officers, non-commissioned officers of public security of the people.
Implementation funding to pay for training and pay part of the salary disparities due to the reserve of officers, non-commissioned officer after moving to the State enterprise sector to be accounted into the product or business expenses.
2. The Ministry of public security, in coordination with the Ministry of finance, Ministry of labor, invalids and Social Affairs, the Ministry of Interior Guideline stipulated in paragraph 1 of this article.
Article 23. Merit 1. Agencies, organizations, individuals in collaboration, participation, collaboration, help public security people in protecting national security, maintain social order and safety, and the officers, non-commissioned officers, soldiers, workers, public safety officer, unrecorded people in the fighting, then depending on the State was considering Medal , medals, Honorary State and other forms of compensation under the provisions of the law on competition rewards and the writing guide.
2. The case due to confidentiality protection requirements, the decision of the authorized level for the individual, organization, participation, coordination, collaboration, help public security people in protecting national security, maintain social order and safety, and for officers , commissioned officers, soldiers, workers, the people's public security officials not announced publicly.
3. where the officers, soldiers and public security agencies, organizations, individuals with outstanding achievements in the protection of national security, maintain social order and safety, then in addition to earning the Medal of honor, Medal, Honorary State also are the State and the Ministry of public security of material reward as specified.
Chapter VI ENFORCEMENT PROVISIONS article 24. Effective enforcement of this Decree has effect after 15 days from the date The report. The previous provisions contrary to the provisions of this Decree are repealed.
Article 25. Responsibility 1. The Minister of public safety is responsible for guiding and organizing the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.