What are the conditions to become a commune police officer in Vietnam?

What are the conditions to become a commune police officer in Vietnam?

Pursuant to Article 4 of Decree 73/2009/NĐ-CP stipulating the conditions to become a commune police officer as follows:

- Vietnamese citizen from 18 years old and above.

- Clear background, good moral qualities, no criminal record; the individual and their family comply well with the Party's guidelines, policies, and the laws of the State. The Head of the Commune Police must be a member of the Communist Party of Vietnam.

- Physically and mentally healthy enough to perform the tasks of the Commune Police (certified by a medical facility at the district level or above).

- The Head of the Commune Police and Deputy Head of the Commune Police must have completed a high school program or higher (have a diploma or a certificate of having completed a high school program issued by a competent authority).

Commune police officers must have graduated from junior high school or higher.

In mountainous, remote, and disadvantaged areas where there are no qualified candidates with the educational qualifications specified in this point, the educational level of the Head of the Commune Police, Deputy Head of the Commune Police, and Commune police officers may be lower but must have completed a primary school program or higher.

- Have the ability to perform the tasks and have a voluntary application to join the Commune Police.

What are the conditions to become a commune police officer in Vietnam? - Source: Internet

Who has the authority to dismiss the Head of the Commune Police in Vietnam?

Pursuant to Article 10 of the Ordinance on Commune Police in 2008 stipulating organization of Commune Police as follows:

Organization of Commune Police

1. Commune Police is composed of a head, deputy heads and members.

Commune police members are arranged in villages or hamlets and perform on-duty tasks at the office or workplace of Commune Police.

2. The Government shall provide for the limit numbers of deputy heads and members of Commune Police.

Based on the Government's prescribed limit numbers and the practical local situation. People's Committees of provinces or centrally run cities (below collectively referred to as provincial level) shall submit to People's Councils of the same level for decision the specific numbers of Commune Police deputy-heads and members in each commune.

3. Heads of the police offices of rural districts, urban districts, towns and provincial cities (below collectively referred to as district level), after consulting commune People's Committee presidents, shall propose presidents of district-level People's Committees to appoint, relieve from duty, transfer or dismiss Commune Police heads; and appoint, relieve from duty or dismiss Commune Police deputy-heads.

Presidents of commune People's Committees shall decide to recognize or relieve from duty Commune Police members at the proposal of Commune Police heads.

4. In case of necessity to protect security, social order and safety as required, directors of provincial-level Police Departments, after consulting presidents of district-level People's Committees, shall decide to appoint officers, non-commissioned officers of the People's Police to hold titles of Commune Police.

5. Commune Police has its own seal.

Therefore, the Head of the District Police, in agreement with the Chairman of the People's Committee of the commune, proposes to the Chairman of the People's Committee of the district to dismiss the Head of the Commune Police.

Is the Head of the Commune Police a commune civil servant in Vietnam?

Pursuant to Article 5 of the Decree 33/2023/NĐ-CP stipulating positions, titles as follows:

Positions, titles

1. The commune-level officials prescribed in Clause 1 Article 2 hereof shall hold the following positions:

a) Secretary, Deputy Secretary of the Communist Party Committee;

b) Chairperson and Vice Chairpersons of the People's Council;

c) Chairperson and Vice Chairpersons of the People's Committee;

d) Chairperson of Vietnam Fatherland Front Central Committee;

dd) Secretary of the Ho Chi Minh Communist Youth Union.

c) Chairperson of Vietnam Women’s Union;

g) Chairperson of Vietnam Farmer’s Union (applicable to communes, wards, townships engaged in agricultural, forestry, fishery and salt production activities and involved in Vietnam Farmers' Union.

h) Chairperson of Vietnam War Veteran Association;

2. The commune-level officials prescribed in Clause 1 Article 2 hereof shall hold the following titles:

a) The commanding officer of Military Command;

b) Office administration/management - statistical officials;

c) Cadastral - construction - urban and environment officials (for wards and townships) or Cadastral - agriculture - construction and environment officials (for communes);

d) Finance - accounting officials;

dd) Judicial - Civil status officials;

e) Socio - Cultural officials.

Therefore, the Head of the Commune Police is no longer a commune civil servant.

Note: The regulations in the Ordinance on Commune Police in 2008 and Decree 73/2009/NĐ-CP apply to part-time commune police officers.

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