Still Many Controversies in Constructing the Commune Police Law - Draft

The Ministry of Justice has just held an appraisal meeting on the draft Law on Commune Police, according to which there are quite a few controversial criteria such as the conditions for selecting commune police, salary, responsibility allowances...

Commune Police: Only need to graduate from primary school onwards.

This content is specified in the Draft Law on Commune Police currently under review for feedback. According to the selection criteria for Commune Police specified in Article 6 of the Draft as follows:

- Clear background, good moral character, no criminal record; both the individual and family adhere to the policies of the Communist Party and the laws of the State. The Commune Police Chief must be a member of the Communist Party of Vietnam.- Good health certified by a district-level or higher medical institution to perform the duties of Commune Police.- The Commune Police Chief and Deputy must have completed high school (possessing a diploma or a certificate from a competent authority stating completion of the high school program); Commune Police Officer must have graduated from secondary school.- In mountainous, remote, and isolated areas where there are no eligible candidates with the education standards stipulated at this point, the educational level of the Commune Police Chief, Deputy, and Officer may be lower but must have completed primary school or higher.- Ability to perform tasks and a voluntary application to join the Commune Police.

Thus, under the Draft, the selection criteria are secondary school graduation for the Commune Police Chief and Deputy, and for some mountainous, remote areas, the requirement is lower, only primary school completion. Many experts believe that the selection criteria for commune police stipulated as such are too low compared to the common educational standards of our country. It is believed that those representing the Communist Party and the state in law enforcement and management should have the appropriate educational and moral standards. Therefore, educational policy support for Commune Police after selection should also be considered.

Allowance, Salary, and Salary Policy for Commune Police.

According to the Draft, apart from the Commune Police Chief receiving salary policies equivalent to that of an official and enjoying management responsibility allowances, the allowances for the Deputy Commune Police Chief and Commune Police Officers are as follows:

- The Deputy Commune Police Chief and Commune Police Officers are entitled to monthly allowance policies; if they have continuously served for 60 months or more, they can retain their social insurance contributions to qualify for a pension upon resignation, or receive a one-time social insurance payment in accordance with the law.- Based on the specific conditions of each locality, the Chairman of the provincial People’s Committee submits to the same level People’s Council to decide on regular support levels for the positions of Deputy Commune Police Chief and Commune Police Officers.

It can be observed that the Deputy Commune Police Chief and Commune Police Officers are not provided with a defined salary, only allowances based on responsibility and specific tasks. It is unfortunate that commune police officers often undertake arduous, dangerous work, particularly in remote, border, and coastal areas. Therefore, it is essential to ensure satisfactory living conditions for them, reducing material burdens to help them commit to their duties and serve the country effectively. This is also a concern raised by many citizens and those directly involved regarding the new draft.

The Draft Law on Commune Police is expected to be approved in the 3rd Session – 14th National Assembly.

View the full Draft here.

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