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Decree 12/2007/nd-Cp: Regulation About The Serving Citizens In Duration Public Security People

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

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The DECREE stipulates the citizens served in duration public safety 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 safety. The DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree stipulates the object, selection procedures, standards and policies for the citizens served in duration public security people.
Article 2. Subject to this decree applies to organizations and citizens of the Socialist Republic of Vietnam.         
Article 3. Rights and obligations of citizens serving time in people's public security 1. Citizens have the right and obligation to serve the term in the public security people.
2. Citizens are exempt from military service in active service during the term of the people's public security and after discharge; during active and demobilized after the mode, the policy prescribed by the law.
3. Citizens have the responsibility to implement strictly the decision of the competent authority and the people's public security commands Things when called into service during the term of public security of the people.
4. within 15 days from the date of discharge, commissioned officer, demobilized soldiers must bring records, discharge papers to Board-level military commanders in residence to register in the reserve ranks. 
Chapter II SPECIFIC PROVISIONS article 4. The object selection and service time 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.
The Minister of public security specifies the recruitment age of citizens serving time in people's public security consistent with the nature and characteristics of the unit use and require a selection of people's police force.  
2. Service term of citizens in the public security people is 3 years. Time served counted from when the decision to serve the term in the public security people to date signed by the authorized discharge decisions.
Time of desertion are not counted on time served in duration public security people.
Article 5. Selection criteria 1. Political criteria:-loyal to the fatherland of Socialist Vietnam.
-Have a clear history, is a member of the Communist Party of Vietnam or the Union members of the Communist Youth League. The mountains, the high, remote areas, borders, islands are the elite youth team, qualify for admission into the Communist Youth League.
-Exemplary Executive advocates, the way, the party's policy, the laws of the State.
-Do not have the money, the money, not being prejudice to criminal probation, are being applied in educational measures in commune, Ward, subdistrict or take on the basis of healing, the institution.
-Ensure the specific regulations of the Minister of public safety on the political standard of officials and soldiers police the people.
2. moral qualities: quality, good morals, are the people of the place of residence or work place.
3. Education level: high school or middle school student. The mountains, the high, remote areas, borders, islands are recruiting citizens graduating from high school.
4. Health-Fitness, balance, not misshapen, malformation, sufficient health to take on the task, not a chronic disease, chronic; do not use drugs and addictive substances.
-Specific health standards by the Ministry of public security in coordination with the Ministry of health regulations.
Article 6. Sequence, selection procedure 1. Citizens attend a selection to serve the term in the public security people's police for the County, district, town, city in the province where the citizens have permanent residence, the following documents:-copy of birth certificate (certified by the people's committees of communes, wards and towns or notary).
-A curriculum vitae according to the form prescribed by the Ministry of public security of the people's committees of communes, wards, towns, place of residence or of the Agency, the organization where the person is the work, study and photographic identity Paper type size 4 x 6 cm, stamped.
-Certified copy of the diploma, certificate, certificate of education level by competent State bodies.
-Certificate of Union members, party members (if they are Union members, party members).
-Certificates of military service registration (notarized copy, testimonials).
2. The order of procedure, selection.
a) police, a city centrally established selection board, composed of:-the Chairman: Deputy Director of police, central cities, in charge of the construction work force.
-Vice President: the head of the Organization Department.
-The members are representatives of public security, districts, towns and cities in the province; representatives of the units used to serve citizens and related units.
b) selection board duties:-public notice objects, standard, selection procedures and time on mass media locally and listed at the headquarters of the district, district, town, city in the province.
-On the basis of the target was the Minister of public safety allocation, selection board report to the provincial people's Committee and in cooperation with the relevant organs of propaganda, advocacy, grasp the situation of citizens in the age to serve in duration public security people.
-Public safety Director, districts, towns and cities in the instructions entrants object do the necessary procedures; Verify verify resume recruitment object according to the rules.
-Organization of health for citizens. Health expenditure in the budget of the Ministry of public security often genera.-complete the procedure, the public safety Director for the city, centrally the recruitment decision.
Article 7. Selection principles 1. The selection of citizens serving time in the public security people have to make correct policy of the party, the law of the State.
2. The admission of citizens serving time in people's police must ensure public, democratic, fair and tight; admission only those citizens are eligible for the provisions of this Decree and the correct target according to the decision of the Prime Minister.
3. Citizens were serving time in the people's police must complete the prescribed records and is responsible for the entire content of the Declaration.  
Article 8. Policy regimes for citizens serving time in people's public security 1. Citizens serving time in people's public security was promoted, promoted to the rank of corporal functions, most Soldiers, corporal, Sergeant, Sergeant or people's security police.
a) authority, promoted to the rank of a function with respect to commissioned officers, soldiers serving in the term of public security of the people due to the Director and the Director of public security, equivalent to the province, the city decided centrally.
b) review period promoted the rank function for non-commissioned officers, soldiers serving in the term of public security of the people as follows: private Warriors up: 6 months;
Most soldiers up commissioned: 6 months;
Corporal Sergeant up: 1 year;
Sergeant up Sergeant: 1 year.
c) promotion, Christmas ham ranks for non-commissioned officers, soldiers serving in the term of public security people each time only to be promoted, the rank function.
Case of non-commissioned officers, soldiers serving there term of outstanding achievements, you can consider the promotion to the rank of a function before the deadline. Cases of serious violation of discipline, the security industry can be a Christmas ham ranks.

d) time commissioned officers, soldiers serving in the term of public security of the people studying in the school were included in the review period promoted the rank function.
DD) non-commissioned officers, soldiers serving in the term of public security of the people was the rank function after one year from the date of the function rank demoted, if progress is gaining promotion to the rank of a function.
2. During the term of service non-commissioned officers, soldiers, public security people are screening examination in the people's public security University, if admitted, is in the Field of public security of the people; expiry review service examination to go long served in the people's police force. Standards, the rate of non-commissioned officers, soldiers serving there are time limits apply in the fields of public security of the people and to serve in the people's police force by the Minister of public security regulations.
3. During the active, non-commissioned officers, soldiers serving there term enjoy the policy mode under the provisions of the law.
4. Non-commissioned officers, soldiers police the people served enough time limit prescribed to be demobilized. Non-commissioned officers, soldiers police the people serving there term discharge was entitled the mode, the policy as applied to demobilized military personnel specified in article 4, article 5, Decree No. 122/2006/ND-CP dated 26 October 2006 from the Government detailing the implementation of some articles of the law modification supplementing a number of articles of the law on military service in 2005 about the regime, the policy for non-commissioned officers, soldiers serving in the army.
In case of not eligible to continue serving in the public security people, commissioned officers, soldiers are demobilized ahead of time. Conditions and discharge procedures ahead of time by the Minister of public security regulations.
Article 9. Handle violation 1. Citizens were not the right time, location was noted in the decision of selection or desertion while serving time in the people's public security depending on the extent of violations, will be disciplined according to the people's public security order, sanctioning administrative violations or arrested save for criminal liability in accordance with the law.
2. organizations and individuals making left or impede the implementation of the rules on the selection of citizens serving time in the people's police shall be processed under the provisions of the law.
3. Every organization or individual has the right to complain, report to the competent State agencies for acts harming the rights and interests of organizations and individuals by officers, the police made in the selection process and the implementation of the regime, the policy for the citizens served in duration public security people. Complaints, accusations and complaints, accusations are made under the law on complaints and denunciation.
Chapter III article 10 ENFORCEMENT TERMS. The responsibility of the Ministry of public security, Ministry of public security Minister the Prime Minister decides the number of citizens serving time in the public security people from 1 to 2.
The base was the prime target of the decision, the Minister of public safety allocation targets and directing, guiding the unit of public security, the people's Committee of the levels of related agencies, organizations make a selection on the citizen serving the term in the public security people, ensure adequate norms and standards as prescribed.
Article 11. The responsibility of the people's Committee of the people's Committee of supply levels have the responsibility to create favorable conditions and priorities for public security of the people in the selection of eligible citizens are registered under the rules of military service in local service has a time limit of public security of the people.
Article 12. Effective enforcement of this Decree has effect after 15 days from the date The report and replacing Decree No. 50/24 dated February 05, 1989 by the Council of Ministers (Government) regulations serve in five of commissioned officers, soldiers in the people's police force and Decree No. 167/dated 25 May 1991 of the Council of The Minister amends a number of articles of Decree No. 50/24 dated October 5, 1989.
Article 13. Responsible for enforcement of the Minister of public security, 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.