Guidance of the Ministry of Public Security on implementing criteria on security and order for new rural communes, upgraded new rural communes in Vietnam

Guidance of the Ministry of Public Security on implementing criteria on security and order for new rural communes, upgraded new rural communes in Vietnam (Internet image) 

Regarding this matter, LawNet would like to answer as follows:

On March 18, 2024, the Ministry of Public Security issued Instruction 04/HD-BCA-V05 on implementing criteria and indicators on security and order for new rural communes, upgraded new rural communes, new rural districts, and upgraded new rural districts in Vietnam for the period of 2021–2025.

Guidance of the Ministry of Public Security on implementing criteria on security and order for new rural communes, upgraded new rural communes in Vietnam

Specifically, the Ministry of Public Security of Vietnam  provides guidance on implementing criteria and indicators on security and order for new rural communes, upgraded new rural communes, new rural districts, and upgraded new rural districts for the period of 2021-2025 as follows:

(1) Communes is considered to meet criterion 19.2 under criterion 19 on National Defense and Security in the National Criteria for New Rural Communes for the period of 2021-2025 when fulfilling the following contents at the time of consideration and recognition:

- Annually, the commune's party committee must have resolutions, and the commune people's committee must have plans for ensuring security and order; effectively directing and organizing the work of ensuring security and order and building a movement of the entire people to protect national security.

- Not allowing activities as stipulated in points a, b, c, d, and e of Clause 3, Article 4 of Circular 124/2021/TT-BCA.

- No prolonged mass petitions contrary to the law:

+ Not allowing the concentration of a large number of people to complain or denounce incidents that have been properly resolved by competent authorities according to legal procedures; decisions on the resolution of complaints that have legal effect.

+ Not allowing activities such as incitement, coercion, enticement, bribery, or mobilization of many people to submit complaints, denunciations, or demands for the resolution of one or more issues related to violated rights or the implementation of policies and laws to disturb public security and order or exploit complaints and denunciations to propagate against the state, infringe on the interests of the state, distort, fabricate, threaten, or insult the reputation and honor of the authority, organization, or individual responsible for resolving complaints and denunciations.

- No residents residing within the jurisdiction who have committed particularly serious crimes or crimes related to child abuse according to the provisions of the Criminal Code 2015, amended in 2017.

- The number of social order offenses decreases by at least 5% compared to the previous year (for communes where only up to 5 cases occur in a year, it must be restrained or reduced for 2 consecutive years); social evils, traffic accidents, fires, and explosions are controlled and reduced compared to the previous year (except in cases of force majeure).

- Having one of the models for crime prevention, social evil prevention; ensuring traffic order and safety; fire safety, search and rescue, and having models that use cameras to serve the work of ensuring security and order attached to the movement of the entire people to protect national security, operating regularly and effectively.

- Not belonging to the complex area of social order offenses according to Decision 8793/QD-BCA in 2023.

- The communal police unit is evaluated and graded as "Units that have accomplished their tasks well" or higher.

(2) Communes are considered to meet criterion 19.2 under criterion 19 on National Defense and Security in the National Criteria for Upgraded New Rural Communes for the period of 2021-2025 when fulfilling the following contents at the time of consideration and recognition:

- Fulfilling the contents specified in points a, b, c, d, g, and h of Clause 1 of this document.

- No residents residing within the jurisdiction who have committed serious crimes or caused serious accidents (traffic, fire, explosion) according to the provisions of the Criminal Code 2015, amended in 2017, or caused accidents (traffic, fire, explosion) that are serious according to the provisions of the Ministry of Public Security (except in cases of force majeure).

- Having one of the models for crime prevention, social evil prevention; ensuring traffic order and safety; fire safety, search and rescue; and having a model that uses cameras to serve the work of ensuring security and order attached to the movement of the entire population to protect national security, operating regularly and effectively.

(3) The districts are considered to meet criterion 9.4 under criterion 9 on Political System - Security and Order - Public Administration in the National Criteria for Upgraded New Rural Districts for the period of 2021–2025 when they fulfill the following contents at the time of consideration and recognition:

- Annually, the district party committee must have resolutions, and the district people's committee must have plans for ensuring security and order; effectively directing and organizing the work of ensuring security and order, and building a movement of the entire people to protect national security.

- 100% of communes in the district meet criterion 19.2 under criterion 19 on National Defense and Security in the National Criteria for New Rural Communes for the period of 2021-2025, including at least 10% of the total number of communes in the district meeting criterion 19.2 under criterion 19 on National Defense and Security in the National Criteria for Upgraded New Rural Communes for the period of 2021-2025 (for special districts without commune-level administrative units, this requirement is not applicable).

- The number of social order offenses on the district's territory decreases by at least 5% compared to the previous year; social evils, traffic accidents, fires, and explosions are restrained and reduced compared to the previous year (except in cases of force majeure).

- There are no prolonged mass petitions contrary to the law on the district's territory (such as the content specified in point c of Clause 1 of this document).

(4) The districts are considered to meet criterion 9.1 under criterion 9 on Security and Order—Public Administration in the National Criteria for Upgraded New Rural Districts for the period of 2021–2025 when they fulfill the following contents at the time of consideration and recognition:

- Fulfilling the contents specified in (3).

- At least 50% of communes in the district meet criterion 19.2 under criterion 19 on National Defense and Security in the National Criteria for Upgraded New Rural Communes for the period of 2021–2025.

More details can be found in Instruction 04/HD-BCA-V05, dated March 18, 2024.

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