Revised People's Public Security Law 2023: What are the Notable Points? When Will the New People's Public Security Law Be Applied?
When does the amended 2023 People's Public Security Law take effect?
On June 22, 2023, the National Assembly enacted the Law amending and supplementing certain provisions of the People's Public Security Law 2023 (amended 2023 People's Public Security Law).
In Article 2 of the amended 2023 People's Public Security Law, there is a provision on the effective date as follows:
Effective Date
This law takes effect from August 15, 2023
Thus, the amended 2023 People's Public Security Law takes effect from August 15, 2023.
What are the outstanding contents of the amended 2023 People's Public Security Law? When will the new People's Public Security Law be applied? (Image from Internet)
What are the new points of the amended People's Public Security Law?
The amended 2023 People's Public Security Law has 02 articles.
Among them, there are amendments and supplements to 6 out of 46 articles of the 2018 People's Public Security Law:
- Amendment and supplementation to Clause 4 Article 22 of the 2018 People's Public Security Law
- Amendment and supplementation to Clause 4 Article 23 of the 2018 People's Public Security Law
- Amendment and supplementation to Points b, d, e Clause 1, Clause 2, and Clause 4 Article 25 of the 2018 People's Public Security Law
- Amendment and supplementation to Clause 2 Article 29 of the 2018 People's Public Security Law
- Amendment and supplementation to Clauses 1, 2, and 3 of Article 30 of the 2018 People's Public Security Law
- Amendment and supplementation to Clause 2 Article 42 of the 2018 People's Public Security Law
To be specific, the new points are as follows:
(1) Service age of officers for consideration of promotion from Colonel to Major General
Officers considered for promotion from Colonel to Major General must have at least 3 years of service left. If there are not enough 3 years of service left when required, the decision is made by the President.
(2) Specific regulations on standards and criteria for early promotion to the rank of General.
The Government of Vietnam will specify the standards and criteria for early promotion to the rank of General.
The Minister of Public Security will specify the standards and criteria for early and extraordinary promotion for People's Public Security officers who have achieved extraordinary accomplishments in combat and work.
(3) Additional specific regulations on 6 positions having the highest rank of General in the People's Public Security
To be specific:
- 01 position with the highest rank of Senior Lieutenant General;- 5 positions with the highest rank of Major General.
Regulations for Regimental Commander positions in units under the Ministry, Ho Chi Minh City Police, and Hanoi City Police; Head of Organization and Personnel Department; Head of Party and Political Affairs Department; Head of City Police in Hanoi and Ho Chi Minh City to have the highest rank of Colonel.
(4) Policies for seconded People's Public Security officers
Seconded People's Public Security officers will enjoy policies and benefits similar to officers currently serving in the People's Public Security.
The promotion, demotion, stripping of rank for seconded officers will be carried out similarly to those in active service, except for officers specified in Points b, c, and d Clause 1, and Clause 3 Article 25 of the 2018 People's Public Security Law and Clause 1 Article 25 of the 2018 People's Public Security Law.
Seconded officers in the People's Public Security, upon the conclusion of their secondment duties, will be considered for positions equivalent to that of their secondment; their rights of the seconded position will be retained.
(5) Increase in service age of non-commissioned officers and officers of the People's Public Security
An increase of 2 years in retirement age for officers and non-commissioned officers, specifically for female officers with the rank of Colonel, an increase of 5 years; for female officers with the rank of Senior Lieutenant Colonel, an increase of 3 years. Female officers of General rank retain the current 60 years of age.
To be specific:
- Non-commissioned officers: 47;- Company officers: 55;- Lieutenant Colonel, Senior Lieutenant Colonel: men 57, women 55;- Senior Lieutenant Colonel: men 60, women 58;- Colonel: men 62, women 60;- General rank: men 62, women 60.
For male officers in the People's Public Security with the rank of Colonel and General rank, and female officers with the rank of Senior Lieutenant Colonel and General rank, the increase in retirement age will follow the roadmap in the Labor Code (each year increasing by 3 months for male officers and 4 months for female officers).
Company officers, Lieutenant Colonels, Senior Lieutenant Colonels can extend their service age but not exceeding 62 for men and 60 for women.
People's Public Security officers who are professors, associate professors, doctors, senior experts, or in special cases, can extend their service age beyond 62 for men and 60 for women.
(6) Increase in the highest service age for police workers
An increase in the highest service age for police workers is set to male: 62, female: 60, following the retirement age roadmap for workers as prescribed by the Labor Code.
What are the principles of organization and operation of the People's Public Security?
Based on regulations in Article 4 of the 2018 People's Public Security Law:
Principles of organization and operation of the People's Public Security
1. Under the absolute and direct leadership of the Communist Party of Vietnam, the prominence of the President, the unified state management of the Government of Vietnam, and the direct command and management of the Minister of Public Security.
2. Organized centrally, uniformly, specialized, streamlined, and according to administrative levels from central to local.
3. Comply with the Constitution and laws; subordinates obey superiors; rely on the People and be subjected to the supervision of the People; protect the interests of the State, the lawful rights, and interests of organizations and individuals.
Thus, the organization and operation of the People's Public Security are carried out according to the three principles mentioned above.
LawNet