Nội dung toàn văn Decision 623/QD-TTg approval of the national strategy for preventing and fighting crime 2016 2025 2030
SOCIALIST REPUBLIC OF VIETNAM
Hanoi, April 14, 2016
ON THE APPROVAL OF THE NATIONAL STRATEGY FOR PREVENTING AND FIGHTING CRIME FROM 2016 TO 2025 WITH A VISION TOWARDS 2030
Pursuant to the Law of Government Organization dated June 19, 2015;
Pursuant to the Government’s Resolution No. 06/NQ-CP dated March 07, 2012 on the promulgation of the Action program for the official period of 2011 to 2016;
At the request of the Minister of Public Security,
Article 1. The national strategy for preventing and fighting crime from 2016 to 2015 with a vision towards 2030 is approved, as follows:
a) Crime prevention is one of the missions that are crucial, imperative, constant, continuous and lasting for the implementation of the Constitution, laws and guiding documents in contribution to the defense of justice, human rights, citizen rights, interests of the Government and entities’ legitimate rights and benefits under direct and comprehensive tutelage of Vietnam Communist Party and under consistent management of the Government. Crime prevention must coincide with the missions of economic development, social advancement, national defense, security and diplomacy in great contribution to national industrialization and modernization and to international integration.
b) Crime prevention is the mission of the entire Vietnam Communist Party, the people and the armed forces. Functional agencies shall thereof undertake the key role and responsibility of leading bodies, agencies, organizations, units and local authorities to mobilize the combined strength of the political system and the people actively in the prevention and combat of crime and to uphold the role, responsibility, zeal and ingenuity of the Vietnam Fatherland Front at various level, organizations and people.
c) Amass forces, conjoin measures, primarily prevent and fight crime in active manner; blend closely preventive actions in social and professional aspects; rectify existing shortcomings promptly, clarify reasons and conditions that lead to crime; uphold preventive activities through society in communities, families and at grassroot level, inculcate and propagate the laws to enhance alert and sense of responsibility for legal compliance, active and voluntary prevention of crime. Oppugn and oppress criminals actively, expose, investigate and penalize sternly every act of crime, strengthen inspections of legal compliance, preclude unjust and erroneous incidents, omit no crime, inhibit torture and extortion.
d) Continue expanding the cooperation with foreign legal enforcement agencies and international organizations to mobilize all resources for the prevention and fighting of crime, with focus on the utilization of internal resources and maximization of other resources; augment the private entities’ engagement in the prevention and fighting of crime under new circumstances.
a) General objectives
- Generate drastic changes in the awareness, perception and sense of responsibility of the bodies, agencies and people in obeying the laws so as to build a society that is safe, secure, ordered, civilized, disciplined and hospitable.
- Elucidate and rectify, in timely manner, existing shortcomings, obstacles and situations that result in crime. Handle and settle, in timely manner, complex incidents over security and order from the grassroot level, uphold the stringency of the law and generate the people’s unanimity.
- Repel crime and debauchery detrimental to society, depress at first critical and special felonies, obstruct crimes from spreading, maintain order and social safety, contribute greatly to the national missions of economic and social development.
- Continue improving the policies and laws on crime prevention; learn selectively the positive contents of community conventions and rules in preventing and fighting crime and in maintaining grassroot order and security.
b) Specific objectives towards 2020
- Repel crime and debauchery disruptive to society, strive to lessen the number of criminal cases towards 2020 by 3 to 5% in comparison with that in 2016.
- Enhance the efficiency of the prevention and fighting of transnational organized crimes, high technology crimes, economic crimes, corruption, drug-related crimes, environmental crimes, child molestation, juvenile delinquency, other crimes in connection with family-related and social depravity, etc. Investigate, expose and prosecute at least 75% of crimes and 95% of critical and special felonies. Apprehend and encourage 30% of wanted persons to turn themselves in (40% of who have recently been wanted).
- Decrease the proportion of former convicts repeating crimes to below 15%; attain at least 50% of neighborhoods, communes, wards, towns, offices, enterprises and schools meeting criteria of "security and order"; rehabilitate 60% of disordered and socially insecure areas.
- Focus on training and improving investigators, procurators, judges and personnel enforcing criminal verdicts, particularly those in suburban districts so as to heighten their abilities, sense of responsibility and professional ethics; maintain (human and material) resources for audio and video recording as per the 2015's Criminal Procedure Code according to the regulated scheme.
c) Objectives towards 2030
Pursuant to the summary evaluation of the implementation of specific objectives towards 2020, define core missions to concentrate the investment of resources, synchronize the solutions to consolidate and sustain the objectives attained, define targets and missions in augmenting the efficiency of crime prevention in each 5-year period, as follows:
- Continue advancing the combined force of the political system and the people in preventing and fighting crime, decreasing felonies, lowering crime in major troubled areas to build a safe and stable society for the progression of national economy and society.
- Construct an ordered and civilized society in which every resident is conscious of respecting and voluntarily obeying the law, and participating in crime prevention activities dynamically.
- Elevate the efficiency of investigation, prosecution and adjudication crimes on the principle of "precision in the persons accused, the crimes indicted and the laws adduced”, allow no unjust and false indictment in criminal procedure.
3. Missions and solutions
a) Augment the leadership of executive committees and party cells, and the managerial abilities of heads of bodies, agencies and political - social organizations in preventing and fighting crime.
Organize the stringent implementation of resolutions, directives and action programs of the Central Committee, the National Assembly and the Government in crime prevention; develop and complete the legal system, allocate the budget to meet requirements on apparatus, weapons, supporting instruments and professional equipment for crime prevention. Heighten the responsibility of the heads of agencies and local authorities and penalize them strictly for being liable for loose situations of convoluted and prolonged crimes or for protecting criminals.
Accelerate the administrative and judicial reform and renovation; set up the mechanisms to manage, direct, examine, expedite and assess the implementation of the strategies for administrative and judicial reform in unison from the central to local levels.
Strengthen and improve the inter-sectoral cooperation in crime prevention. Exchange information on crime and criminals’ new artifices on regular basis to generate counteractive solutions for promptly and effectively preventing and fighting crime.
Stay firmly updated, evaluate and reckon precisely the situations of crime; continue perfecting and renovating the activities of updating information and approximating crimes; set up and supplement the statistical system of administrative penalties. Summarize, research and formulate scientific grounds on crime, prepare the forecast of crimes on annual, mid-term and periodical basis in order to revise and supplement objectives, solutions and policies in realistic manner.
b) Heightened efficiency of the political system and communities in crime prevention
- Renovate and complete economic and social regulations and policies in contribution to sustaining social welfare and enhancing the efficiency of crime prevention.
Associate the planning and implementation of policies for economic and social development with the prevention and fighting of crime, rectify loopholes and shortcomings that criminals may exploit. During the process of planning, the following economic policies shall be particularly implemented: Contribution and loan to the capital of foreign invested enterprises and foreign entities’ investment projects, policies for economic and corporate restructuring and privatization shall be public and transparent under the strict supervision of financial and auditing agencies lest the loss of the government’s assets is avoided. There shall be mechanisms and policies that closely govern the operations of commercial banks, capital market, securities market and real estate market. Policies on imports re-exported, tax, real estate management and other matters shall be renovated. Conduct research to renovate social policies in connection with crime prevention, such as the policies on employment, labor export, poverty eradication, religion, ethnic groups, education and rehabilitation of wrongdoers. Regulate the assessment of the maintenance of safety and order of major national projects for economic and social development.
Provide theory training on national defense and security, particularly on crime prevention, to personnel, party members, people and, especially, to those holding managerial or commanding positions; esteem the education about ethics, law, culture, lifestyle, creativity, application, entrepreneurship; integrate the education about crime prevention into schools' curricula. Develop a wholesome educational environment in which schools, families and society cooperate closely.
Continue the development and improvement of the legal system, focus on researching, forecasting and regulating new menaces to society in timely manner. Set up and promulgate the documents that provide guidance on the implementation of laws and codes in effect.
Complete the mechanisms and policies specialized for officials holding concurrent positions and individuals outside the state budget's payroll, who engage in the prevention and fighting of crime.
- Augment the quality and efficiency of the "all people protecting national security” movement.
Renovate the contents, forms and solutions of the "all people protecting national security" movement according to and in line with the security and order missions from time to time; focus on developing and consolidating the movement in focused areas, strategic regions, minor ethnic localities, religious quarters, border zones, islands, industrial parks and major cities; integrate the movement in other campaigns, emulative movements, programs for economic, cultural and social development by Vietnam Communist Party, the Government, the Fatherland Front, bodies, agencies and local authorities; associate the movement with the satisfactory application of democracy and the settlement of issues relevant to the people’s legitimate interests at grassroot level; preclude "troubled areas" in neighborhoods, consolidate the people's confidence in Vietnam Communist Party, the Government and legal enforcement agencies.
Innovate constantly the model and measures of propaganda and education that enhance the people’s awareness in crime prevention: Combine various models of propaganda that is far-reaching, concentrated and individualized; propagate information through mass media and meetings held by units of Vietnam Communist Party, of the Government and of the Fatherland Front, political and social organizations, entities, schools, neighborhoods and residential quarters. Prioritize individualized propaganda for individuals who are prone to committing or repeating crime and for pivotal areas concerning order and social safety. Create websites for the “all people maintaining order and safety" movement.
Expedite the formation of models and reiteration of good practices in the “all people protecting national security" movement; focus on developing and improving the models of public self-management, self-prevention, self-protection and self-reconciliation with regard to order and security in families, communities, offices, agencies, enterprises and schools; carry out partial and final assessments regularly to gain experience, reiterate highly efficient models, study and create new models that fit in each locality. Organize events in which the people, employees and students sign written commitments to the construction of residential quarters, communes, precincts, offices, enterprises and schools that are "secured and ordered". Commend promptly the teams and individuals that have attained excellent achievements in the "all people protecting national security” movement; implement satisfactory policies for those who suffer wounds, death or property damage when fighting and preventing crime.
Furnish more resources to the development of the “all people protecting national security” movement. Continue ameliorating the organizational system, enhance the caliber of specialized and semi-specialized personnel, particularly communal police, militia and self-defense forces, neighborhood watch, security guards working in offices and enterprises; uphold the role of the secretaries of party committees, heads of residential quarters, heads of committees for the Fatherland Front's affairs and grassroot units, prestigious individuals in lineages, ethnic groups, religious organizations, exemplary dignitaries, role models, etc. in supporting the people's preventing and fighting crime; draw up the budget and invest in facilities for the development of the movement.
- Manage, educate and rehabilitate individuals having violated the laws or being prone to commit crime.
Improve the quality and efficiency of the detention, management, education and rehabilitation of individuals of various types; focus on the specialized education of convicts who constantly breach internal rules of detention facilities, lower the proportion of convicts unsuccessfully rehabilitated. Detect and rectify, in timely manner, the loopholes and shortcomings in the process of detention, management, education and rehabilitation; impose policies on individuals detained, manage detainees so as to avoid dissatisfaction, prevent misconducts, disturbance of order, collective derangement, disruption of security and safety of supervisory detention facilities.
Carry out active measures to rehabilitate convicts during their serving time and adopt effective solutions to reintroduce individuals having fulfilled prison time into community. Continue renovating the activities of vocational training and employment for convicts, rehabilitants and learners. Strengthen the strict management and supervision of individuals who are suspended from serving a sentence or released early from prison under conditions.
Integrate the community reintegration for individuals completing their prison time into local programs, strategies and plans for economic and social development and crime prevention. Balance and allocate central, local and social resources for adopting effectively the solutions of community reintegration for individuals completing their prison time.
Define the responsibilities of the executive committees of Vietnam Communist Party and the authorities, determine the efficiency of the cooperation of agencies and entities in managing and supervising the enforcement of punishments other than incarceration, the persons who are subjected to a non-residential educational program in a commune, ward or town, and the individuals who are prone to commit crime in a locality.
- Augment the efficiency of the state management of social order, focus on the state management of residence, immigration, administration of information technology, media and publishing, etc. Renovate the methods of managing certain conditional business lines lest criminals cannot exploit the activities of such business, particularly pawnshops, discotheques, bars, karaoke shops, arcades, multi-level marketing enterprises, etc. Strengthen the management of weapons, explosive materials and ancillary tools. Revising policies and measures for the management and handling of social evils (e.g. prostitution, gambling, drug addiction).
- Further the professional preventive activities.
Regulate and enhance the quality and efficiency of professional measures, renovate methods, improve the monitoring and statistics of criminals, maintain actively updated on criminal activities in critical areas and sectors; searching and documenting actively the individuals likely to carry out “contract killing”, “protection racket", ”extortion of assets for debt recovery", debt collection, loaning at exorbitant interest rate, property extortion, organization of illegal gambling, sports betting, transfer pricing, cross ownership, abuse of business activities for crime; smuggling, sale, purchase and trafficking of narcotics in large quantity.
Document and confine delinquents in educational and penal institutions or civil commitment facilities; maintain the strict management of individuals subjected to a non-residential communal educational program and of individuals under investigation, prosecution or adjudication.
Focus on apprehending and encouraging wanted persons to turn themselves in, particularly those deemed (extremely) dangerous. Develop and improve patrol activities in combination with professional operations to prevent crime in critical routes and areas, urban and bordering areas in active manner.
Strengthen the prevention of crime according to the functions and missions of forces and units in the army, customs, forest management, inspectorate, market surveillance, et cetera; expose law violations and crimes promptly; uncover loopholes in policies and state management mechanisms to propose amendments. Uphold the role of units of marine police, border guard, customs, police and aviation security in jointly patrolling and controlling borders in land, on sea and on island, postal and air routes.
c) Higher efficiency in suppression, investigation, prosecution and adjudication of criminals
Set up and execute programs and plans specialized in fighting criminals emerging from time to time. Carry out major spells of crime suppression to safeguard national political and cultural events.
Dissect critical areas concerning order and social safety on regular basis to concentrate forces to eradicate or minimize crime in such areas.
Augment the quality of investigation, prosecution and adjudication in combination with scouting and criminal procedure; let no criminals escape; misjudge no innocents; investigate, prosecute and adjudicate major cases that gains public interest in strict and timely manner; further mobile trails to intimidate criminals and educate the people’s awareness of legal compliance.
Set up a mechanism for close coordination of investigation agencies with procuracies, inspectorates of the Government, inspectorates of ministries and bodies, tax authorities and audit agencies to focus on exposing, investigating and handling lawsuits concerning economic matters, position-derived power and corruption; verify and retrieve assets appropriated, increase the retrieval rate for money and assets appropriated.
Examine and handle assets seized during activities of detection, investigation, prosecution and adjudication in the most effect manner in order to prevent the loss or devaluation of the assets liquidated and auctioned which decreases the state budget revenue.
d) International cooperation in crime prevention
Consolidate and expand the cooperation with other countries and international organizations, prioritize the cooperation with neighbor countries, ASEAN nations, traditional partners, large countries, industrialized nations and countries where numerous Vietnamese live, work or study.
Organize the implementation of international treaties and agreements to which Vietnam is a signatory; review, develop, negotiate, sign or endorse bilateral and multilateral international treaties with the aim of setting up a legal framework that facilitates the cooperation in preventing and fighting crime, particularly transnational organized criminals. Research, propose, negotiate and execute, at first, the conventions on crime prevention with ASEAN nations.
Establish and expand the system of overseas communication officers to prevent and fight crime, at first, in countries sharing land borders and in nations where numerous Vietnamese live and work.
Make use of the science and technology aid, in active manner, from other countries and international organizations, execute the aided projects; share and enhance the expertise, science and technology knowledge and foreign language skills of crime prevention personnel.
dd) Augmentation of resources for crime prevention
Ameliorate organization, prioritize the equipment for agencies specialized in preventing and fighting crime, particularly those in suburban districts and at grassroot level. Set up special policies to attract experts in information technology and other specialties into crime prevention forces with the aim of meeting new requirements for crime prevention.
Provide regular training to officials and personnel assigned to prevent and fight crime, particularly those directly engaged in crime fighting, crime science and judicial assessment. Provide judicial personnel with training in foreign language(s) and laws on international justice to meet requirements for international integration. Research and apply science and technology in crime prevention. Mobilize private entities' contributions and international aid of equipment for crime prevention forces.
Mobilize finances from central and local authorities, organizations, enterprises, businessmen and people to gain sufficient resources for the execution of objectives and missions under the Strategy. Mobilize individuals’ contributions to the crime prevention fund in order to elevate the efficiency of crime prevention.
4. Programs and projects for the implementation of the Strategy
a) Ministry of Public Security is assigned to lead and coordinate with relevant ministries and bodies to formulate and present to the Prime Minister the periodical programs for implementing the Strategy.
b) Approve, in principle, the constitution of the following projects that contribute to the formation of the programs and the implementation of the Strategy:
- Project 1: Initiate the movement in which all people prevent, expose and denounce criminals; rehabilitate offenders at home and in community.
Supervisory body: Central Committee of Vietnam Fatherland Front.
- Project 2: Prevention and fighting of organized or transnational crime.
Supervisory body: Ministry of Public Security.
- Project 3: Transformation of disordered and socially insecure areas.
Supervisory body: Ministry of Public Security.
- Project 4: Modernization and improvement of forces engaged in investigation, prosecution, adjudication, enforcement of criminal sentences and scouting.
Supervisory body: Ministry of Public Security.
- Article 5: Constitution and perfection of the legal system with regard to crime prevention.
Supervisory body: Ministry of Public Security.
- Project 6: Augmentation of the efficiency of crime prevention in border areas and at sea.
Supervisory body: Ministry of National Defense.
- Project 7: Prevention of acts of infringement, joint prevention of crimes concerning finance, securities, importation and exportation of goods; transfer pricing and tax evasion in enterprises.
Supervisory body: Ministry of Finance.
- Project 8: Prevention of smuggling, trade fraud and counterfeiting in major troubled areas.
Supervisory body: Ministry of Industry and Trade.
- Project 9: Prevention of crime and infringement in the sector of infrastructure development.
Supervisory body: Ministry of Construction.
- Project 10: Prevention of crime and infringement with regard to the mobilization and utilization of funds for the sector of transportation.
Supervisory body: Ministry of Transport.
- Project 11: Prevention of students’ acts of crime and infringement.
Supervisory body: Ministry of Education and Training.
- Project 12: Augmentation of the efficiency of the prevention of Internet-related crime and infringement.
Supervisory body: Ministry of Information and Communications.
- Project 13: Prevention of crime and infringement in the sector of banking and in relation to “cross ownership”.
Supervisory body: Vietnam State Bank.
- Project 14: Prevention of crime and infringement in cultural, sport -related and tourist activities.
Supervisory body: Ministry of Culture, Sports and Tourism.
- Project 15: Prevention of crime and infringement in medical facilities.
Supervisory body: Ministry of Health.
The expenditure for the implementation of the Strategy shall derive from the state budget according to the current fiscal decentralization of the state budget and from other legitimate sources; focus on combining effectively the expenditure for national target programs with sectoral and local target programs.
a) The government shall directly manage and instruct government bodies to coordinate with relevant agencies in implementing the Strategy.
Government Steering Committee for crime prevention (Steering Committee 138/CP) shall be responsible for supporting the Prime Minister to direct the implementation of the Strategy.
b) Ministry of Public Security shall be responsible for
- Supporting the Prime Minister and the Steering Committee 138/CP to supervise and unify the implementation of the Strategy.
- Conducting missions and solutions, and cooperating with ministries and bodies in developing programs and projects as assigned.
- Cooperating with relevant agencies to expedite and inspect the implementation of the Strategy; reviewing, recapitulating and assessing the implementation of objectives, missions, solutions and the programs and projects under the Strategy on regular basis, reporting to the Prime Minister; presenting to the Prime Minister the decisions on amendments to the objectives and solutions for implementing the Strategy when necessary.
c) Ministry of Finance shall be responsible for proposing rational regulation allocations from the state budget and providing guidelines for the utilization, disbursement and finalization of finances from the state budget for programs, projects, missions and solutions under the Strategy.
d) Ministry of Planning and Investment shall be responsible for
- Proposing finances for ministries and central bodies to implement the Strategy according to the projects approved.
- Cooperating with other ministries and bodies to establish programs and projects.
dd) Ministries, ministerial-level bodies and government bodies: Be responsible, within the scope of their responsibility and authority, for cooperating with the Ministry of Public Security, relevant ministries and bodies in establishing and implementing programs and projects that particularize the objectives, missions and solutions of the Strategy into plans, action programs and projects customized for the Ministry or body.
e) Provincial People’s Committees shall be responsible for
- Implementing the Strategy in the localities under their management according to the guidelines of the Ministry of Public Security, other relevant ministries and bodies.
- Formulating and implementing local action plans for implementing the Strategy.
- Balancing the local budget and soliciting the equivalent People’s Council’s support for the implementation of the Strategy.
- Mobilize other resources for implementing the Strategy.
g) Central Committee of Vietnam Fatherland Front and subsidiary organizations are required to participate in implementing the Strategy according to the scope of their functions and missions, to lead and cooperate with other entities in formulating relevant projects, and to cooperate with the Ministry of Public Security to supervise the implementation of the Strategy.
h) Supreme People’s Court and Supreme People’s Procuracy are required to:
- Cooperate with the Ministry of Public Security, other ministries, bodies and provincial People’s Committees in developing and implementing the Strategy.
- Cooperating with the Ministry of Public Security in formulating and implementing relevant programs and projects.
i) Supervise and evaluate the implementation of the Strategy
- Supervise, assess and report the accomplishment of the objectives, missions and solutions of the Strategy, programs and projects on 6-month and annual basis and at the end of each period.- Investigate and survey the situations of crime, the accomplishment of the Strategy; survey, measure and evaluate the adverse impacts of crime against the growth of economy and society.
- Set up the mechanism to publish the situations of crime and the accomplishment of the national Strategy for preventing and fighting crime in Vietnam.
Article 2. This Decision comes into force from the date that it is signed.
Article 3. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Heads of other central bodies, Chairpersons of provincial People's Committees shall be responsible for implementing this Decision./.
This translation is made by LawSoft and for reference purposes only. Its copyright is owned by LawSoft and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed