Nghị định 38/2006/ND-CP

DECREE

ON STREET CIVIL GUARD THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the December 3, 2004 Law on National Security;
At the proposal of the Minister of Public Security,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation, subjects of application

This Decree provides the functions, tasks, powers of, the principles for organization and operation of, and the regimes and policies towards, the Street Civil Guard.

Vietnamese organizations and individuals as well as foreign organizations and individuals residing, operating in the territory of the Socialist Republic of Vietnam must abide by the provisions of this Decree. Where the international treaties to which Vietnam is a contracting party otherwise provide for, such international treaties shall apply.

Article 2.- Position and functions of the Street Civil Guard

1. The Street Civil Guard constitutes a voluntary mass force acting as the core in the movement for protection of national security and social order and safety, which is established at wards, district townships (hereinafter referred collectively to as wards) under decisions of ward People's Committees at places where regular public security forces are deployed.

2. The Street Civil Guard shall act as the core in launching mass movements for protection of national security; apply a number of working measures to prevent and fight crimes, social vices and other law-breaking acts under the provisions of law, in order to protect the Party, administration, the interests of the State, the legitimate rights and interests of citizens in localities.

Article 3.- Principles for operation of the Street Civil Guard

The Street Civil Guard shall submit to the comprehensive leadership of the ward Party Committees, the supervision of the ward People's Councils, the administration by the ward People's Committees and the working direction and guidance of the ward police offices.

All activities of the Street Civil Guard shall be carried out under the provisions of this Decree and other provisions of law. All acts of abusing the status of the Street Civil Guard to carry out illegal acts, infringing upon the legitimate rights and interests of citizens are strictly prohibited.

Article 4.- Responsibilities of the ministries, units, organizations and individuals in the building and consolidation of the Street Civil Guard

The ministries, ministerial-level agencies, Government-attached agencies, People's Committees at all levels, people's armed forces units, socio-political organizations, socio-professional organizations and all citizens shall have the responsibility to participate in building and assisting the Street Civil Guard force in performing its tasks.

Chapter II

TASKS, POWERS, ORGANIZATION AND WORKING STYLE OF STREET CIVIL GUARD

Article 5.- Tasks of the Street Civil Guard

1. To grasp the security and order situation, detect cases of contradictions or disputes among people, cases of administrative violations, social order and safety breaches in localities; report such to police offices and ward People's Committees, take preventive measures; to participate in reconciliation and timely solution thereof without letting bad consequences to occur.

2. To disseminate and propagate the heightening of the sense of vigilance against, and prevention of, social vices and acts of violating law on security and order with a view to mobilizing people in wards to voluntarily abide by the undertakings and policies of the Party, laws of the State as well as rules, conventions and regulations on security and order protection; to participate in building wards, population groups, households safe in terms of security and order and free from crimes and social evils.

3. To urge and call the attention of people in wards to observe legal provisions on registration and management of inhabitants and households; on the use and management of people's identity cards and other personal papers; the regulations on registration of conditional business lines related to security and order; the management of weapons and explosives, support tools; to participate in the maintenance of public order, traffic order and safety, fire prevention and fighting safety.

4. To mobilize people to participate in reforming, educating, assisting and managing persons who have completely serving their imprisonment penalties or decisions on sending them to reformatories, education camps, medical treatment establishments or detoxication centers, juvenile delinquents and persons who are serving the penalty of non-custodial reform. To coordinate with agencies or organizations assigned the responsibility to manage, educate and assist subjects being placed under management and education in localities. To mobilize and persuade relatives of subjects who are being hunted for, shirk serving their sentences or criminals being at large to ask the latter to give themselves up.

5. Upon occurrence of complicated cases related to security or order in localities, to be present at the scenes in time and seek ways to notify the ward police offices thereof; to protect the scenes, participate in giving first-aids to victims, releasing and saving hostages, arresting red-handed offenders, participate in fire fighting, rescue and perform other tasks under the assignment and guidance of the ward People's Committees and police offices.

6. To coordinate with civil defense forces and specialized security forces of agencies, units, enterprises stationing in localities in protecting security and order under the direction of the ward People's Committees and police offices. To organize patrols and participate in activities of preventing, detecting and fighting crimes, social vices and other violations of social order and security under the provisions of law.

Article 6.- Powers of the Street Civil Guard

1. To arrest, dispossess dangerous weapons of, and escort red-handed offenders, persons who are being hunted for or shirk serving their imprisonment sentences to ward police offices according to provisions of law.

2. To request persons who are committing acts of disturbing the public order, construction order, traffic safety and order or violations of the regulation on fire and explosion safety and persons who violate other regulations on social order and safety to immediately stop their violation acts and report thereon to the ward People's Committees and police offices for handling measures under the provisions of law.

3. To join the police forces or functional forces in pursuing and arresting offenders, persons who are being hunted for or shirk serving their sentences; to examine temporary residence, temporary absence; check people's identity cards or other personal papers of temporary residents, suspects arriving in street areas under management.

Article 7.- Organization of the Street Civil Guard

1. Each population group may set up a Street Civil Guard team. The team leader and members shall be elected by representatives of the households in such population group. Depending on the characteristics and the number of inhabitants in the area, each Street Civil Guard team consists of between 3 and 7 members.

2. Each ward may set up a Street Civil Guard Board which is composed of the head, deputy-heads and members. The Board members shall be leaders of the Street Civil Guard teams in population groups. The Board's head and deputy-heads shall be elected through ballots by the Board members.

3. The ward police chiefs shall have to organize the election of the heads, deputy-heads of the Street Civil Guard Boards, the leaders and members of the Street Civil Guard teams and propose the ward People's Committees to decide on the recognition of such titles.

Based on the election results of the Street Civil Guard Boards and the proposals of the ward police chiefs, the presidents of ward People's Committees shall issue decisions to set up the Street Civil Guard Boards, recognize the heads, deputy-heads and members of the Boards, the leaders and members of the Street Civil Guard teams.

4. The working term of a Street Civil Guard Board shall be 5 years. During the working term of the Street Civil Guard Boards, the change, removal from office, addition of titles of the Street Civil Guard Boards shall be carried out as follows:

a/ If the position of head, deputy-head of a Street Civil Guard Board, leader or member of a Street Civil Guard team is left vacant (due to his/her death, poor health or application for resignation), additional election of people to such position shall be organized according to the general procedures provided for in Clause 2 of this Article;

b/ If a head, deputy-head of a Street Civil Guard Board fails to fulfill his/her tasks, is no longer trusted by the Board collective and people or violates disciplines or law, the ward police chief shall report thereon to, and propose the ward People's Committee president to hold a Board meeting for gathering opinions on removal of such person from office and carrying out procedures for election of replacement;

c/ Leaders and members of Street Civil Guard teams, who fail to fulfill their tasks, are no longer trusted by people or violate disciplines or law, the heads of the concerned Street Civil Guard Boards shall report thereon to, and propose the ward police chiefs to organize meetings of representatives of households in population groups where such persons were elected to gather opinions on removal them from office and elect other persons to replace them.

d/ The recognition and removal from office heads, deputy-heads, team leaders and members of Street Civil Guard Boards shall be decided in writing by presidents of ward People's Committees.

Article 8.- Conditions and criteria of the Street Civil Guard members

1. Being Vietnamese citizens aged full 18 years or older, permanently residing in localities.

Having clear backgrounds; they and their families are exemplary in observing the undertakings and policies of the Party, laws of the State.

2. Having good health, conditions and zeal and voluntarily participating in social activities; being knowledgeable about laws and being professionally trained in security and order protection.

3. Having no previous convictions or criminal records; being other than persons serving suspended sentence, criminal probation or serving other administratively handling measures.

4. Having good relations with people, being trusted by people, recommended and elected by people in their respective population groups.

Article 9.- Working styles of the Street Civil Guard

1. Heads of the Street Civil Guard Boards shall have the responsibility to manage the organization and administration of the Boards' activities, regularly report on results of activities of the Boards to the ward People's Committees and police offices.

a/ Deputy-heads of the Street Civil Guard Boards shall assist their heads and perform their assigned tasks, replace their heads in directing and administering the Boards' activities when so authorized by their heads.

b/ Members of the Street Civil Guard Boards shall submit to the direct leadership and management of the Boards' heads and deputy-heads and have the responsibility to materialize the undertakings, measures and working plans of the Street Civil Guard in population groups in their respective charge and perform other tasks on security and order, which are assigned by heads, deputy-heads of the Street Civil Guard Boards.

2. The Street Civil Guard Boards shall hold their regular meetings once a month (excluding extraordinary meetings) to review their activities and discuss the working programs in the subsequent month.

3. While performing their tasks, the Street Civil Guard members must wear their title bands and nameplates according to regulations.

Article 10.- The working relationships of the Street Civil Guard

1. The Street Civil Guard shall submit to the leadership, administration and organizational management and general working direction of the ward Party Committees and People's Committees.

2. The Street Civil Guard shall submit to the professional direction and guidance on security and order protection of the ward police offices and coordinate with the latter in maintaining security and order.

3. The Street Civil Guard shall coordinate with self- defense, militia, civil defense forces, mass organizations and specialized security forces of agencies, units, organizations and enterprises stationing in localities in performing the tasks of protecting security and order in localities under the direction of the ward Party Committees and People's Committees.

Chapter III

REGIMES, POLICIES TOWARDS, PROVISION OF MEANS AND FUNDING FOR ACTIVITIES OF, STREET CIVIL GUARD

Article 11.- Regimes and policies towards the Street Civil Guard

1. The Street Civil Guard members shall enjoy monthly allowance paid by the ward People's Committees. Based on the specific conditions and the budget balance of each locality, presidents of provincial/municipal People's Committees shall decide on the allowance level for each Street Civil Guard title in their respective localities.

2. The Street Civil Guard members who die, are wounded while performing their tasks shall, according to the provisions of the National Assembly Standing Committee's June 29,2005 Ordinance on Preferential Treatment of People with Meritorious Services to the Revolution, be considered for recognition as war martyrs or as persons enjoying policies like war invalids.

3. The Street Civil Guard members shall be fostered in legal and professional knowledge on security and order protection according to regulations of the Ministry of Public Security. When attending courses on. fostering the legal and professional knowledge on security and order protection, the Street Civil Guard members shall be entitled to the regimes of allowances for travel, accommodation and meals as provided for the commune police.

Article 12.- Provision of means for the Street Civil Guard

1. The Street Civil Guard members shall be equipped with, and use rudimentary weapons and support tools according to provisions of law.

2. The Street Civil Guard members shall be equipped with certificates, nameplates, title bands made according to set forms and with other necessary means according to regulations.

The Ministry of Public Security shall specify and guide in detail the provisions of means for the Street Civil Guard according to the provisions of this Article.

Article 13.- Funding for operation of the Street Civil Guard

1. The funding for operation of the Street Civil Guard shall be allocated from the following sources:

a/ The local budgets under the State Budget Law;

b/ The local security and order funds;

c/ Support from organizations and individuals.

2. The Finance Ministry shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, guiding the management and use of fundings for operation of the Street Civil Guard.

Chapter IV

COMMENDATION, DISCIPLINE AND COMPLAINT, DENUNCIATION

Article 14.- Commendation

1. Organizations and individuals that record achievements in building the Street Civil Guard force shall be commended and/or rewarded according to regulations of the State.

2. The Street Civil Guard members who record outstanding achievements in their work shall be considered for commendation and/or reward according to the regulations applicable to the commune police.

Article 15.- Discipline

Those Street Civil Guard members who abuse their positions and powers to violate laws or seek personal profits, thus adversely affecting the security, order and prestige of their organizations shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability; if causing damage, they must pay compensations to the victims according to provisions of law.

Article 16.- Complaint, denunciation

1. Every organization and citizen shall have the right to complain with competent state bodies about acts of heads, deputy-heads and/or members of Street Civil Guard Boards of members of Street Civil Guard teams while performing their tasks.

2. Every organization and citizen shall have the right and obligation to denounce Street Civil Guard members for acts of abusing their positions and powers while performing their tasks to violate laws or seek personal profits, adversely affecting the local security and order.

The complaints and denunciations by organizations and individuals against Street Civil Guard members shall comply with the provisions of law on complaints and denunciations.

Chapter V

IMPLEMENTATION PROVISIONS

Article 17.- Responsibilities of the Ministry of Public Security

The Ministry of Public Security shall have the responsibility to assist the Government in directing, guiding and inspecting the building and operation of the Street Civil Guard force; prescribe the programs and contents of professional training on security and order protection and law as well as the equipment of means for the Street Civil Guard according to provisions of law.

Annually, the police offices at all levels shall have the responsibility to advise the People's Committees of the same levels on organizing conferences for preliminary or final review of activities of the Street Civil Guard in order to draw experience and popularize advanced models, encouraging and commending outstanding individuals and units in the movement for protection of national security.

Article 18.- Responsibilities of the Ministry of Labor, War Invalids and Social Affairs

The Ministry of Labor, War Invalids and Social Affairs shall have to assume the prime responsibility for, and coordinate with the Ministry of Public Security and the concerned ministries and branches in, guiding the implementation of regimes and policies towards Street Civil Guard members who are wounded or die in harness.

Article 19.- Responsibilities of the People's Committees of all levels

The presidents of provincial/municipal People's Committees shall specify the monthly allowance levels for different Street Civil Guard titles, the regimes of travel, accommodation and meal allowance when Street Civil Guard members are rallied for professional and legal fostering.

The People's Committees of all levels shall direct and manage the organization and operation of Street Civil Guard according to their competence and under the guidance and inspection of the superior police offices; arrange working places; ensure operation funding; equip means, uniforms and apply regimes and policies toward the Street Civil Guard according to provisions of law.

Article 20.- Responsibilities of agencies, mass organizations, units, organizations and citizens

The People's Councils, the Vietnam Fatherland Front Committees at all levels; units, organizations and citizens shall have the responsibilities to supervise, assist, create conditions for the Street Civil Guard force to fulfill its tasks.

Article 21.- Implementation effect

This Decree shall take effect 15 days after its publication in "CONG BAO." All previous regulations on Street Civil Guard, which are contrary to this Decree, shall be annulled.

The Minister of Public Security shall have the responsibility to guide in detail the implementation of this Decree.

The ministers, the heads of ministerial-level agencies, the heads of Government-attached agencies, the presidents of provincial/municipal People's Committees shall have to implement this Decree.