Participate in support under the guidance, assignment and direct direction of the Commune Police.
According to the report on explanation, acceptance and revision of the draft Law on Forces Participating in Protecting Security and Order at the Grassroots Level presented by Chairman of the National Assembly's Committee on National Defense and Security Le Tan Toi, at the 6th Session, discussing this content, there were opinions of National Assembly deputies concerned that when this law is promulgated, it may increase the payroll and state budget expenditure. Therefore, it is necessary to carefully calculate and complete the relevant provisions of the draft law to ensure the balance of resources, including finance, facilities and human resources.
After receiving a request from the National Assembly Standing Committee, the Government has reported on the impact assessment on staffing, funding and conditions for ensuring security and order at the grassroots level. According to the Government's report, with the establishment of the Security and Order Protection Team and estimated funding, there will be no increase in the number of participants and no increase in total funding compared to current practice.
View of the meeting, morning of November 15, 2023. Photo: Doan Tan/VNA
Some opinions suggested adding the phrase “authority” to the scope of regulation in Article 1, and at the same time adding an article regulating the authority of this force in the draft Law. Regarding the above opinion, the Standing Committee of the National Defense and Security Committee said that authority must be associated with the subject holding state power to perform state management functions and exercise state power. The force participating in protecting security and order at the grassroots level is a voluntary mass force, not performing management functions, not belonging to the state apparatus, but the nature of its activities is to participate in support under the guidance, assignment, and direct direction of the commune-level police.
Therefore, the Standing Committee of the National Defense and Security Committee proposes that the Standing Committee of the National Assembly allow not to add the phrase “power” to the scope of regulation and not to add provisions on the power of this force. However, in order to appropriately absorb the opinions of National Assembly deputies, the Standing Committee of the National Defense and Security Committee reviews and adds some independent tasks of this force in Articles 7, 8, 10 and 12 to demonstrate the rights and responsibilities of this force when performing independent tasks.
Clearly define standards and conditions
Regarding the selection criteria for joining the force to protect security and order at the grassroots level (Article 13), many opinions suggested adding regulations on maximum age to ensure health conditions for performing tasks; suggested considering regulations on cultural standards to ensure feasibility. In response to the opinions of National Assembly deputies, the Standing Committee of the National Defense and Security Committee directed research, supplementation and revision.
Specifically, Article 13 of the draft Law has been accepted and revised to clearly stipulate the standards and conditions for participation as being from 18 to 70 years old. In the case of being 70 years old or older and in good health, the Chairman of the Commune People's Committee will consider and decide based on the proposal of the Commune Police.
At the same time, revise the regulation on educational level to have a diploma or have completed secondary school education or higher; for border areas, islands, mountainous areas, areas with especially difficult socio-economic conditions, and ethnic minority areas, people who have completed primary education can be recruited.
There are also opinions of National Assembly deputies proposing to stipulate the standard of “no criminal record”. The Standing Committee of the National Defense and Security Committee expressed the view that if the standard of “no criminal record” is stipulated, it will not be in accordance with the provisions of criminal law on cases where criminal records have been cleared and the law on handling administrative violations on cases where the time limit has expired and it is considered that no administrative sanctions have been imposed; at the same time, it is not consistent with reality. Therefore, the Standing Committee of the National Defense and Security Committee proposed that the Standing Committee of the National Assembly allow this provision to be kept as in the draft law that has been accepted and revised.
Speaking at the meeting, Vice Chairman of the National Assembly Tran Quang Phuong said that through discussions at the 6th Session, the National Assembly highly appreciated the reception, revision and explanation of the draft Law.
In particular, the National Assembly highly appreciated the force organization model, mechanism, leadership and command principles and concretized a step in adding some "authority" responsibilities of this force. The Vice Chairman of the National Assembly assessed that the acceptance of this issue as stated in the report was very reasonable.
Regarding the model, the Vice Chairman of the National Assembly said that this is a model established by the government on the basis of the voluntary participation of the masses, operating under the principle of Party leadership, government administration and management. This mechanism has been clearly demonstrated. Incorporating the opinions of National Assembly deputies at the Session, the draft Law clearly demonstrates the principles of organization and leadership of this force, ensuring that it is consistent with the nature of the force.
The Vice Chairman of the National Assembly also affirmed that, in terms of ensuring financial conditions, compared to the current payment level, there will be no increase in the budget. Any future increase may be determined by the locality to ensure the highest requirements for security and order in each locality, depending on the actual situation.
Concluding this content, National Assembly Chairman Vuong Dinh Hue stated that the National Assembly Standing Committee assigned the National Defense and Security Committee to continue coordinating with relevant agencies and organizations to continue reviewing, receiving, revising, and explaining the draft law, and completing the report on explanation, reception, and revision of the draft law to submit to the National Assembly for consideration and approval at the second phase of the 6th Session.
According to VNA/Tin Tuc Newspaper
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