Procedures for discontinuing participation in the grassroots security and order protection force in Vietnam

Procedures for discontinuing participation in the grassroots security and order protection force in Vietnam (Image from the internet)

1. 04 cases of discontinuing participation in the grassroots security and order protection force in Vietnam

According to Clause 3, Article 17 of the Law on the Grassroots Security and Order Protection Force 2023, the cases where participation in the grassroots security and order protection force can be discontinued include:

(1) Submission of a request to discontinue participation in the grassroots security and order protection force;

(2) Failing to meet health requirements based on certification from a legally established and operating medical facility;

(3) Failing to comply with assigned tasks as directed by the Commune Police from 02 occasions without valid reasons, not completing tasks, or abusing the role of grassroots security and order protection to engage in unlawful activities, despite receiving written warnings from the Commune Police on 02 occasions and continuing to violate thereafter;

(4) Criminal law violations leading to an indictment or the application of preventive measures under criminal procedure laws; being subjected to administrative measures.

2. Procedures for discontinuing participation in the grassroots security and order protection force in Vietnam

The procedures for discontinuing participation in the grassroots security and order protection force in Vietnam are stipulated in Clause 3, Article 5 of Circular 14/2024/TT-BCA as follows:

- For cases specified in point (1) of section 2: The Commune Police will take the lead in receiving the request for discontinuation and, within 05 working days from the date of receipt, will cooperate with the village head, head of the neighborhood group, and head of the local Fatherland Front working committee to consider and prepare a written recommendation to discontinue participation in the grassroots security and order protection force (Form No. 07 attached to Circular 14/2024/TT-BCA) for submission to the Chairman of the Commune People's Committee for review and decision;

- For cases specified in points (2), (3), and (4) of section 2: The Commune Police will lead and cooperate with the village head, head of the neighborhood group, and head of the local Fatherland Front working committee to gather information and documents and prepare a written recommendation to discontinue participation in the grassroots security and order protection force (Form No. 07 attached to Circular 14/2024/TT-BCA) for submission to the Chairman of the Commune People's Committee for review and decision;

- Within 05 working days from the date of receipt of the written recommendation from the Commune Police, the Chairman of the Commune People's Committee will review and decide on the discontinuation of participation in the grassroots security and order protection force (Form No. 08 attached to Circular 14/2024/TT-BCA) and instruct the Commune Police to publicly post the decision at the offices of the People's Council, People's Committee, Commune Police, local cultural houses, and community activity points in villages and neighborhoods.

3. Procedures for adjusting the number of members, number of grassroots security and order protection teams, and discontinuing participation in the grassroots security and order protection force in Vietnam

According to Article 5 of Circular 14/2024/TT-BCA, the procedures for adjusting the number of members, the number of grassroots security and order protection teams, and discontinuing participation in the grassroots security and order protection force are as follows:

- For adding members and adding grassroots security and order protection teams as stipulated in point a, Clause 1, and Clause 2, Article 17 of the Law on the Grassroots Security and Order Protection Force 2023, follow the regulations in Article 3 and Article 4 of Circular 14/2024/TT-BCA.

- To adjust (increase or decrease) the number of members or the number of grassroots security and order protection teams as stipulated in point b, Clause 1, and Clause 2, Article 17 of the Law on the Grassroots Security and Order Protection Force 2023: Based on the decision of the Provincial People's Committee to adjust the number of members or teams, organize the implementation according to the following regulations:

+ For increasing the number of members or teams, follow the regulations in Article 3 and Article 4 of Circular 14/2024/TT-BCA;

+ For decreasing the number of teams: The Commune Police will lead and coordinate with the village head, head of the neighborhood group, and head of the local Fatherland Front working committee to prepare a report for the Chairman of the Commune People's Committee to issue a decision on dissolving the security and order protection team.

Within 05 working days from the date of receipt of the written recommendation from the Commune Police, the Chairman of the Commune People's Committee will review and decide on dissolving the security and order protection team (Form No. 08 attached to Circular 14/2024/TT-BCA) and instruct the Commune Police to publicly post the decision at the offices of the People's Council, People's Committee, Commune Police, local cultural houses, and community activity points in villages and neighborhoods.

The reduction in the number of members in the security and order protection team will be carried out according to a schedule and in conformity with the number of members already adjusted by the Provincial People's Committee.

Nguyen Ngoc Que Anh

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