What is special protection paper? Who is granted a Special Protection Certificate in Vietnam?

What is special protection paper? Who is granted a Special Protection Certificate in Vietnam? (Internet image)

Regarding this issue, LawNet answers as follows:

1. What is Special Protection Certificate?

Special Protection Certificates are issued by the Minister of Public Security to subjects as prescribed in Circular 14/2018/TT-BCA to perform guard work. The validity period of the Special Protection Paper is 5 years from the date of signing.

(Clause 1, Article 2, Circular 14/2018/TT-BCA, amended in Circular 89/2021/TT-BCA)

2. Who is granted a Special Protection Certificate?

According to Article 5 of Circular 14/2018/TT-BCA, amended in Circular 89/2021/TT-BCA, subjects granted Special Protection Certificates include:

- Commander and Deputy Commanders of the Police Command of the Ministry of Public Security; Director and Deputy Directors of the Military Security Protection Department of the Ministry of National Defense.

- Commanders of units under the Guard Command and the Ministry of Public Security are subject to a Special Protection Certificate, including: Staff Department; Department of Protection of Party and State leaders; Department of Protection of particularly important events and international visitors; Security Engineering Department; Central Police Department; Southern Guard Division

- Commander of the Guard unit under the Military Security Protection Department of the Ministry of National Defense.

- Security officer approaches.

- Officers of the Guard Force directly perform guard duties according to the orders of the Commander of the Guard Command and the Director of the Military Security Protection Department in unexpected cases.

3. Responsibilities of the subject assigned to the Special Protection Certificate in Vietnam

Subjects assigned to the Special Protection Certificate must have the following responsibilities:

- Only use Special Protection Paper when performing guard duties.

- Preserve and use special protection paper for the right purpose.

- Immediately report to the head of the direct management unit in case the assigned Special Protection Paper is lost, damaged, torn or torn.

(Article 13 of Circular 14/2018/TT-BCA)

4. Cases of revocation of Special Protection Certificate in Vietnam

Specifically, in Clause 1, Article 10 of of Circular 14/2018/TT-BCA, special protection papers are revoked in the following cases:

- The subject assigned to the Special Protection Certificate stops performing guard duties;

- Subjects assigned to the Special Protection Certificate retire, quit, are transferred, appointed, rotated, seconded, resigned, relieved of duty, dismissed, demoted, or temporarily suspended from work according to the regulations of the Law;

- The subject assigned to the Special Protection Certificate dies, goes missing, is declared by the Court to have lost civil act capacity, or has limited civil act capacity;

- The subject assigned to the Special Protection Paper is temporarily detained or detained to serve the investigation, prosecution, or trial, or violates regulations on the use of the Special Protection Paper;

- Special protection paper has expired.

5. Regulations on management of Special Protection Certificates in Vietnam

The management of Special Protection Certificates is regulated as follows:

- The Guard Command and the Military Security Department are responsible for making a book to monitor the issuance, exchange, re-issuance, delivery, revocation, and destruction of Special Protection Certificates.

- On a monthly basis, the unit directly managing the subject assigned to the Special Protection Certificate must check the management and use of the Special Protection Paper under their unit and report the results to the Guard Command, Department of Military Security Protection.

- Every year, the Military Security Protection Department reports on the management and use of Special Protection Certificates under its management and sends them to the Guard Command for gathering; The Guard Command is responsible for reporting to the Minister of Public Security on the management and use of Special Protection Certificates by the Guard forces of the Ministry of Public Security and the Ministry of National Defense.

(Article 11 of Circular 14/2018/TT-BCA)

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