Thông tư 23/2012/TT-BCA

CIRCULAR

PROVIDING FOR RESIDENTIAL AREAS, COMMUNES, WARDS, TOWNS, ORGANIZATIONS, ENTERPRISES AND SCHOOLS MEETING ORDER AND SECURITY STANDARDS

Pursuant to Article 2, Article 92, Article 94, Article 104, Article 115 of the Law on organization of the People’s Councils and People’s Committees dated November 26, 2003;

Pursuant to the Government’s Decree No. 77/2009/ND-CP dated September 15, 2009 defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;

Pursuant to the Government’s Decree No. 36/2012/ND-CP dated April 18, 2012 defining the functions, tasks, powers and organizational structure of the Ministries and Ministerial-level Agencies;

At the request of the Director General of the Department for Development of All People Protect National Security Movement of Ministry of Public Security;

The Minister of Public Security promulgates this Circular to provide for residential areas, communes, wards, towns, organizations, enterprises and schools meeting order and security standards.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This circular provides for principles, criteria, ranking, order, procedures and authorities for conducting consideration and approval on residential areas, communes, wards, towns, organizations, enterprises and schools meeting order and security standards.

Article 2. Regulated entities

This circular applies to:

1. Residential areas, communes, wards, towns;

2. Organizations, enterprises and schools;

3. Other organizations and individuals relating to consideration and approval on residential areas, communes, wards, towns, organizations, enterprises and schools meeting order and security standards.

Article 3. Interpretation of terms

In this Circular, these terms are construed as follows:

1. Residential area refers to a place, in which people and households gather for living within a specific region, including: hamlet, village, mountain village, residential group and equivalent residential unit.

2. School refers to an educational facility of national educational system, including: public and non-public educational facilities, regular and continuing educational facilities. The aforesaid educational facilities include different levels of study and training, including: pre-school education facilities (kindergartens and nursery schools), general education facilities (primary, lower secondary and upper secondary schools), vocational training facilities (professional secondary schools and vocational training schools), higher education facilities and postgraduate facilities.

Article 4. General principle

1. The process of considering and certifying residential areas, communes, wards, towns, organizations, enterprises or schools to be qualified for order and security standards shall be conducted every year and apply to cases that have registered for meeting standards;

2. The process of consideration and certification of conformity to the order and security standards must ensure accuracy, publicity, democracy and legality.

Chapter 2.

SPECIFIC PROVISIONS

Article 5. Criteria for certifying a residential area to be qualified for order and security standards

Criteria for certifying a residential area to be qualified for order and security standards include:

1. Annually, the executive committee of the Communist Party must make resolution, the residential area submit registration form for striving for meeting order and security standards and 100% households in the residential area enter into mutual agreement to emulate each other in establishing a residential area meeting order and security standards. 2. The residential area must effectively effectuate the Communist Party’s policies and guidelines, and state laws, establish order and security self-governing models in the residential area.

3. The following matters shall not occur in the residential area:

a) Opposition to the Communist Party and the Government, and sabotaging the great national unity policies;

b) Causing obstruction in economic, cultural, social, security and national defense targets and works;

c) Propagating and developing religions for unlawful purposes; carrying out secession activities, asking for self-government, disturbing the order and security;

d) Having complicated contradictions or disputes among people; having complaints of the crowd and bypassing the immediate leadership to lodge complaints to higher levels inconsistent with the law.

4. The residential area must take actions against crime, accident, social evils and other acts in violation of the law, including:

a) Restraining and cutting down the percentage of crimes, accidents, social evils and other acts in violation of the law compared to that percentage of previous year;

b) The residential area must prevent serious crime and none of citizen in the residential area commits serious crimes or crimes of higher seriousness; In case of having crime, it should be discovered and promptly reported to the competent authorities for taking actions against crimes timely.

c) No complicated gathering point disturbing order and security in the residential area; the residential area has no case with social evils;

d) The residential area must prevent serious-level cases of fire, explosion, traffic accidents and industrial accidents caused by citizens of the residential area;

5. Police force and night-watch force of the residential area must well complete their duties; none member of the police force and night-watch force of the residential area violates the law and is disciplined from warnings or higher.

Article 6. Criteria for certifying a commune/ward/town to be qualified for order and security standards

Criteria for certifying a commune/ward/town to be qualified for order and security standards includes:

1. Annually, the Communist Party Committee of commune/ward/town shall have resolution, the people committee of commune/ward/town makes plans on order and security affairs; and register for striving for meeting order and security standards;

2. Criteria stated in Clause 2, Clause 3, Clause 4 Article 5 of this Circular are qualified;

3. Annually, the police force and night-watching force of commune/ward/town must achieve the “Unit with good achievements” title or better; none member of the police force and night-watching force of the commune/ward/town is disciplined from warnings or higher.

4. 70% of residential areas are recognized to be qualified for order and security standards.

Article 7. Criteria for certifying an organization/enterprise to be qualified for order and security standards

Criteria for certifying an organization/enterprise to be qualified for order and security standards includes:

1. Annually, the executive committee of the Communist Party of organization/enterprise must make resolution (if the Communist Party is organized), the head of organization/enterprise makes plans on order and security affairs; registers for striving for meeting order and security standards; establishes internal regulations and rules for protecting organization/enterprise, protecting state secret, internal political protection, firefighting and prevention; and 100% officials and employees enters into mutual agreement to emulate to each other in complying with internal regulations and rules and establishing a organization/enterprise being qualified for order and security standards.

2. Effectively effectuate the Communist Party’s policies and guidelines, and state laws; make plans to cooperate with local government and police authorities to carry out order and security affairs; prevent and take actions against crime and social evils in localities; establish self-defending, self-governing and self-protecting order and security models; self-protect materials and assets of organization/enterprise.

3. Prevent unlawful crowded complaints and strike; loss of valuable assets, disclosure of technologies or state secrets; serious cases of fire, explosion or industrial accidents. None of officials and employees commits offense or social evils.

4. Establish unblemished and strong professional and semiprofessional security forces; annually, achieve the “Labour collective with good achievements” title or higher; none member of the organization/enterprise is disciplined at warnings or higher.

5. Make 70% of subordinate joints (departments, divisions, groups, teams, etc.) achieve the “Labour collective with good achievements” title or higher.

Article 8. Criteria for certifying a school to be qualified for order and security standards

 Criteria for certifying a school to be qualified for order and security standards includes:

1. Annually, the executive committee of the Communist Party (if the Communist Party is established) must make resolution, the managing board (or the Board of Directors) shall make plans on order and security affairs; register for striving for meeting order and security standards; establish internal regulations and rules for protecting school, internal political protection, managing students; firefighting and prevention; and 100% officials, teachers, employees and students from lower secondary education or higher enters into mutual agreement to emulate to each other in complying with internal regulations and rules and establishing a school meeting order and security standards in association with emulation movements in the national educational system.

2. The school must effectively effectuate the Communist Party’s policies and guidelines, and state laws; make plans on cooperation between school, local government and students’ families (applicable to higher secondary students) to carry out order and security affairs in school and management and education of students. The school must establish self-defending, self-governing and self-protecting order and security models in the school, dormitories and boarding-houses.

3. Prevent disturbance, strike, establishment of associations or groups for religion propaganda and development, unlawful complaint and congregation; prohibit crime and school violence; none of officials, teachers, employees and students commits offense or social evils; prevent serious cases of fire, explosion and industrial accidents.

4. Establish unblemished and strong professional and semiprofessional security forces (if any). The school must annually achieve the “School with good achievements” title or higher; none member of the school is disciplined at warnings or higher.

5. Make 70% of subordinate joints (facilities, departments, groups, subjects, etc.) achieve the “Labour collective with good achievements” title or higher.

Article 9. Ranking and time mark for assessing and ranking level of meeting order and security standards

1. Basing on level of conformity with criteria of order and security standards stated in Article 5, 6, 7 and 8 of this Circular, it is divided into two types as follows: Being qualified and unqualified for order and security standards. To be specific:

a) Residential areas, communes, wards, towns, organizations, enterprises and schools that have fulfilled criteria stated in Article 5, 6, 7 and 8 of this Circular and documents providing for regulations on criteria of order and security standards of the provincial people’s committee (if any) are qualified for order and security standards.

b) Residential areas, communes, wards, towns, organizations, enterprises and schools that fails in meeting criteria stated in Article 5, 6, 7 and 8 of this Circular and documents providing for regulations on criteria of order and security standards of the provincial people’s committee (if any) are unqualified for order and security standards.

2. Time mark for assessing and ranking shall be performed as follows:

a) Residential areas: Time mark is calculated from the 31^st of October of previous year to the 31^st of October of the following year;

b) Communes, wards, towns, organizations, and enterprises: Time mark is calculated from the 30^th of November of previous year to the 30^th of November of the following year;

c) Schools: Time mark is calculated from closing date of previous school year to closing date of the following school year.

Article 10. Order, procedures and application for certification of conformity with the order and security standards

1. Order and procedures for certification of conformity with the order and security standards

a) Annually, the head of residential area shall preside over the meeting together with Communist Party cell secretary, the head of the front mission board, representatives of mass organizations and police forces (in localities that professional police forces are not arranged yet), regional police officers and night-watching forces (in urban areas) to review and assess results of establishing a residential area meeting order and security standards; complete and send the application to the standing board of steering committee for development of all people protect national order and security movement at ward/commune/town (hereinafter referred to as the commune).

b) The standing board of the steering committee for development of all people protect national order and security movement of commune shall consider and verify the application and submit reports to the Chairperson of same-level people's committee for considering and certifying the conformity with order and security standards; at the same time, assess and review results of developing commune/ward/town to be qualified for order and security standards and submit the application to the standing board of the steering committee for development of all people protect national order and security movement of district, rural district, town or provincial city (hereinafter referred to the district level);

c) The standing board of steering committee for development of all people protect national order and security movement of district shall consider and verify the application and submit reports to the Chairperson of same-level people's committee for considering and certifying commune/ward/town to be qualified for order and security standards.

d) Heads of organizations, enterprises and schools shall preside over the meetings together with representatives of the executive committees of the Communist Party, mass organizations and representatives of competent authorities to review and assess results of establishing organizations, enterprises and schools meeting order and security standards; complete and send the application to the competent authorities (through the standing board of steering committee for development of all people protect national order and security movement at same level) for consideration and recognition.

2. The application for consideration and certification of conformity with order and security standards includes:

a) Statement of residential area, commune, ward, town, organization, enterprise or school;

b) Reports on results of establishing residential area with signature of the head of the residential area; Reports on results of establishing commune, ward, town, organization, enterprise or school with signature and seal of the head of such commune, ward, town, organization, enterprise or school;

c) Registration form for striving for meeting order and security standards;

d) Minutes of meeting of the applicant for certification and other relevant documents (if any).

3. Results of certifying residential area, commune, ward, town, organization, enterprise or school to be qualified for order and security standards include ranking and suggestion for annual commendation and rewards on the all people protect national security movement; and such results shall be used as grounds for considering and certifying other titles relating to order and security standards.

Article 11. Authority for consideration and certification of conformity with order and security standards

1. The people’s committee of commune shall consider and certify the conformity with order and security standards of residential areas and schools under their competence.

2. The district people’s committee shall consider and certify the conformity with order and security standards of communes, wards, towns; organizations, enterprises and schools under their competence and organizations, enterprises and schools that are under the management of provincial authorities but located in district area according to the decentralized administration policies.

3. The provincial people’s committee shall consider and certify the conformity with order and security standards of organizations, enterprises and schools under their competence and organizations, enterprises and schools that are under the management of central authorities but located in provincial area according to the decentralized administration policies.

4. The Ministry of Public Security shall consider and certify the conformity with order and security standards of central-affiliated organizations and enterprises under the management of ministerial agencies according to the decentralized administration policies.

Chapter 3.

IMPLEMENTATION

Article 12. Effect

This Circular shall take effect as of June 18, 2012 and replace for the Decision No. 354/BNV (C13) dated September 23, 1985 of the Ministry of Home Affairs (presently, the Ministry of Public Security) promulgating order and security standards of wards, communes, towns, organizations and enterprises and comprehensive safety standards of wards, communes, towns, organizations and enterprises.

Article 13. Responsibilities for implementation

1. Pursuant to this Circular, the people’s committees of central-affiliated cities or provinces may make amendments to the aforesaid criteria or stipulate ranking level of such criteria in conformity with specific conditions of each locality provided that it shall be not lower than those stated in this Circular.

2. The steering committees for development of all people protect national order and security movement at all levels shall provide advice for the executive committee of the Communist Party and the government of same level in directing the consideration and certification of conformity with order and security standards and implementing this Circular.

3. Department for development of all people protect national order and security movement of the Ministry of Public Security which is the standing board of the steering committee for development of all people protect national order and security movement at central level shall take the prime responsibility and coordinate with relevant agencies to direct, guide, inspect and speed up the implementation of this Circular.

4. The General Department of Security I and General Department of Security II shall take the prime responsibility and coordinate with relevant agencies to direct, guide, inspect and speed up central-affiliated organizations and enterprises under their competence to implement this Circular.

5. The General Directors, Heads of Ministerial agencies, Directors of police authorities of central-affiliated cities and provinces, and Directors of Fire Departments shall, within their functions, tasks and powers, implement this Circular.

Any difficulties arisen during the implementation of this Circular should be promptly reported to the Ministry of Public Security (through the Department for development of all people protect national order and security movement) for guidance.