Based on the opinions of voters and relevant agencies on the draft Law on Forces Participating in Protecting Security and Order at the Grassroots Level, at the 5th Session of the 15th National Assembly, the Dak Nong National Assembly Delegation compiled and conveyed the contents of voters' opinions to the discussion session in groups on the morning of June 20 on this draft law.
On general issues
Dak Nong voters suggested that the drafting agency consider and supplement regulations on duties and powers for forces participating in protecting security and order at the grassroots level; responsibilities of relevant agencies as stipulated in Article 1 of the draft Law. The age for participating in the security and order protection force at the grassroots level is Vietnamese citizens aged 18 and over. However, it is necessary to consider the maximum age for participating in the security and order protection force at the grassroots level for men and women (not exceeding 65 years old) as stipulated in Clause 1, Article 4.
The drafting agency needs to specify the contents of the draft Law. Any content under the authority of the National Assembly should be codified in Articles and Clauses; any content under the authority of the Government should be assigned to the Government for detailed regulations; any content under the authority of local authorities should be referred to the Law on Organization of Local Government.
When organizing the election of members of the security team, it is recommended that the election process be carried out according to the provisions of the Law on Democracy at the Grassroots Level to ensure voluntariness, fairness and transparency.
Voters also requested that the drafting agency consider the arrangement and regulation of the specific number of forces participating in protecting security and order at the grassroots level in each group in urban areas, rural areas, remote areas, mountainous areas, areas with fragmented terrain, and areas sensitive to political security to suit the geographical location and population size; at the same time, there are sanctions to handle when these forces violate the law in the performance of official duties.
On the specific issue
In Article 2 of the draft Law, the regulations on the position and functions of the forces participating in protecting security and order at the grassroots level are proposed to be adjusted as follows:
“The force participating in protecting security and order at the grassroots level is a voluntary, self-managed mass force of the People selected to participate in the Security and Order Protection Team, acting as the core in building a self-managed model of security and order in communes, wards and towns; is a force with the function of participating in coordinating and supporting the Police force, local authorities and the People in preventing violations of the law , protecting security and order, fighting and preventing crimes, preventing and fighting fires, rescuing and saving lives (hereinafter referred to as security and order protection) and building a mass movement to protect national security in villages, hamlets, hamlets, villages, buon, bon, phum, soc... (hereinafter referred to as villages), residential groups, neighborhoods, blocks, quarters, sub-areas... (hereinafter referred to as residential groups).”
Point a, Clause 1, Article 4 of the draft Law, regulating the selection criteria and records for participating in the security and order protection force at the grassroots level, suggests that the drafting agency add the phrase “clear background” before the phrase “good moral qualities”, and adjust as follows: “a) Have a clear background , good moral qualities; not a person serving a criminal sentence in the community, serving a judicial measure or serving an administrative measure…” .
It is recommended that the drafting agency amend the phrase "ensuring security and order" to "protecting security and order" in Article 8 of the draft Law to conform with the content of the Law and revise it as follows:
“Article 8. Propagating policies and laws on security and order protection , building a mass movement to protect national security.
The forces participating in protecting security and order at the grassroots level support the police force at the commune level and coordinate with functional forces, the Vietnam Fatherland Front and socio-political organizations to organize propaganda and disseminate to the people policies and laws on protecting security and order ; build, launch, maintain and promote the movement of the entire people to protect national security; propagate to the people to raise awareness of protecting national security."
Clause 2, Article 12 of the draft Law, which stipulates on Participating in supporting the assurance of traffic order and safety, patrolling, controlling and supporting the implementation of other tasks related to security and order protection, suggests that the drafting agency replace the phrase "loss of security and order" with the phrase "related to security and order" to match the tasks of the force participating in protecting security and order at the grassroots level, because: If "loss of security and order" is allowed, it will be almost impossible to control the situation within a certain scope.
Clause 3, Article 16 of the draft Law stipulates on ensuring operating expenses and providing material facilities for forces participating in protecting security and order at the grassroots level. It is recommended that the drafting agency consider assigning the provincial-level Public Security to take the lead and advise the provincial-level People's Committee to prepare a budget estimate and submit it to the People's Council of the same level for decision; and be responsible for implementing and settling the state budget to ensure the operations and providing material facilities for forces participating in protecting security and order at the grassroots level according to the provisions of the law on the state budget.
Article 17 of the draft Law stipulates the arrangement of locations, workplaces and equipment for forces participating in protecting security and order at the grassroots level. It is recommended that the drafting agency clearly stipulate the locations and workplaces of these forces (arrange locations and workplaces at the Commune Police headquarters or at the Village Hall, hamlet, residential group or arrange separate workplaces for these subjects) to ensure consistency between localities and regions.
Clause 1, Article 20 of the draft Law stipulates on Compensation and support for forces participating in protecting security and order at the grassroots level. It is proposed to replace the phrase "support" with the phrase "guarantee" to ensure regular payment policies for these subjects. If the "support" level is only stipulated when the Provincial People's Council issues policies, these forces will only be "supported" with a portion of the cost or irregular support when participating in voluntary social insurance and health insurance, which will cause disadvantages for these subjects; at the same time, it is necessary to clarify the phrase "support" stipulated in Point d, Clause 1, Article 23 of the draft Law. So, does this "support" regulate policies or facilities and equipment? It is recommended that the drafting agency study the payment for the force participating in protecting security and order at the grassroots level with a specific salary level (calculated according to the salary coefficient) so that on that basis, when the Provincial People's Council issues policies, the above subjects will be "guaranteed" to pay voluntary insurance and health insurance deducted from their salaries. It is recommended that the drafting agency clarify this content.
Article 28 of the draft Law stipulates the responsibilities of the Vietnam Fatherland Front and its member organizations. According to the regulations, the activities of criticism and supervision are only regulated for the Vietnam Fatherland Front and socio-political organizations, while there are 33 member organizations of the Vietnam Fatherland Front (these organizations do not exercise the right to criticize and supervise the implementation of the law). Therefore, it is recommended that the drafting agency consider adjusting Article 28 of the draft Law to comply with the regulations on social criticism and supervision activities of the Vietnam Fatherland Front.
In Chapter II of the draft Law, it is recommended that the drafting agency consider the regulations on the tasks of the forces participating in protecting security and order at the grassroots level, because: The prescribed tasks are very long and have many contents, while the forces participating in protecting security and order at the grassroots level are the "extended arms" of the regular police at the grassroots level, a force close to the people, but some regulations on the tasks are too large. It is recommended that the drafting agency consider and continue to review the regulations on the tasks of the forces participating in protecting security and order at the grassroots level to be consistent with the functions and powers of this force; at the same time, not overlapping with the tasks of the People's Police, Militia and Self-Defense Force and ensuring consistency with the provisions of other relevant laws in the legal system, ensuring strictness and feasibility when applying the Law.
In Chapter IV: It is recommended that the drafting agency revise the name of Chapter IV as follows: "Responsibilities of agencies and organizations towards forces participating in protecting security and order at the grassroots level" to conform to the content of the draft Law.
In addition to conveying voters' comments, Dak Nong delegate Tran Thi Thu Hang also gave many in-depth comments on standards, rights, duties and policies for forces participating in protecting security and order at the grassroots level.
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