Principles of organization, tasks and powers of the People's Public Security?

What is the current organizational system of the People's Public Security? How are the duties and powers of the People's Public Security regulated?

The organizational system of the People's Public Security includes 4 levels.

According to the provisions of Article 17 of the 2018 Law on People's Public Security, the organizational system of the People's Public Security is stipulated as follows:

The organizational system of the People's Public Security at 4 levels includes: Ministry of Public Security ; Provincial and centrally-run city public security; District, county, town, provincial city public security; Commune, ward and town public security.

The Government shall specify the establishment of regular commune and town police.

To meet the requirements of protecting national security and ensuring social order and safety, the Minister of Public Security decided to establish police stations and independent units in necessary areas.

Principles of organization, tasks and powers of the People's Public Security (Illustration: ITN).

Principles of organization and operation of the People's Public Security

Article 4 of the 2018 Law on People's Public Security stipulates as follows: The principles of organization and operation of the People's Public Security are placed under the absolute and direct leadership in all aspects of the Communist Party of Vietnam , the command of the President, the unified state management of the Government and the direct command and management of the Minister of Public Security.

Organized centrally, uniformly, intensively, concisely and according to administrative levels from central to local levels.

Comply with the Constitution and laws; subordinates obey superiors; rely on the People and be subject to the People's supervision; protect the interests of the State and the legitimate rights and interests of organizations and individuals.

Who has the authority to regulate the organization of the People's Public Security Organization System?

Pursuant to Article 18 of the 2018 Law on People's Public Security, which stipulates the authority to prescribe functions, tasks, powers and organizational structure in the People's Public Security:

The Government prescribes the functions, tasks, powers and organizational structure of the Ministry of Public Security.

The Minister of Public Security prescribes the functions, tasks, powers, and organizational structure of units under the Ministry, the Public Security of provinces and centrally run cities, the Public Security of districts, towns, provincial cities, and centrally run cities, the Public Security of communes, wards, and towns, and the remaining units in the People's Public Security.

Thus, according to current regulations, the Minister of Public Security is the person with the authority to regulate the organizational structure of units under the Ministry, the Public Security of provinces and centrally run cities, the Public Security of districts, towns, provincial cities, cities under centrally run cities, the Public Security of communes, wards, towns and the remaining units in the People's Public Security.

The Government prescribes the functions, tasks, powers and organizational structure of the Ministry of Public Security.

Duties and powers of the People's Public Security?

The duties and powers of the People's Public Security are stipulated in Article 16 of the 2018 Law on People's Public Security, amended by Point a, Clause 5, Article 32 of the 2023 Law on Forces Participating in Protecting Security and Order at the Grassroots Level, specifically as follows:

Collect information, analyze, evaluate, forecast the situation and propose to the Party and State to promulgate and direct the implementation of guidelines, policies, laws, and strategies to protect national security, ensure social order and safety, fight against crimes and violations of laws on national security, social order and safety;

Proactively prevent, detect, stop, and fight to defeat plots and activities that violate national security, and eliminate threats to national security;

Intelligence activities as prescribed by law.

Protect senior leaders of the Party, State, and international guests visiting and working in Vietnam;

Implement management of national security protection, state secret protection; preside over management of entry, exit, transit and residence of foreigners in Vietnam;

Implement network security management, network security protection and cybercrime prevention and control in accordance with the law.

Implement management of crime investigation and prevention.

Take charge of performing tasks of preventing and combating terrorism and riots and resolving complicated situations regarding national security, order and social safety according to the provisions of law.

Proactively prevent, detect, stop, and combat crimes and violations of laws on social order and safety, environmental protection, resources, and food safety related to the environment;

Implement management of criminal judgment execution, temporary detention, temporary imprisonment; manage prisons, temporary detention camps, temporary detention houses, compulsory education facilities, reform schools; organize the execution of criminal judgments, decisions, judicial measures; supervise and educate people under 18 years of age who commit crimes and are exempted from criminal liability;

Implement management of sanctions and handling of administrative violations in the fields of national security, social order and safety; sanction administrative violations and implement administrative handling measures according to the provisions of law; ensure security and order in the implementation of enforcement decisions when requested by competent authorities.

Implement management of residence, national database on population and citizen identification database, seals, order, traffic safety, public order, weapons, explosives, explosive precursors, support tools, fire prevention, fire fighting and rescue according to the provisions of law;

Preside over, coordinate the management and implementation of propaganda and education work on national security protection, ensuring social order and safety, fighting and preventing crimes and violations of laws on national security, social order and safety;

Be the core in building people's security and people's security posture, building a movement of the entire people to protect national security.

Guide agencies and organizations in implementing the work of protecting internal political security, economic security, ideological-cultural security, network security, information and communication security, social security, and environmental security.

Provide guidance, professional training, and legal knowledge training for mass organizations participating in protecting security and order at the grassroots level, forces participating in protecting security and order at the grassroots level, militia, and agency and enterprise security according to the provisions of law.

Apply mass mobilization, legal, diplomatic, economic, scientific-technical, professional, and armed measures to protect national security, ensure social order and safety, and fight against crimes and violations of laws on national security, social order and safety.

Use weapons, explosives, support tools, force, technical means, and other means to attack, arrest criminals, prevent people from committing crimes or other illegal acts, and for legitimate defense as prescribed by law.

Decision or recommendation to suspend or temporarily suspend the operations of agencies, organizations and individuals whose actions cause harm or threaten to cause harm to national security, social order and safety;

Implement measures to protect national security and ensure social order and safety in accordance with the provisions of law in cases of war, emergency, or when there is a threat to national security, social order and safety but not to the extent of declaring a state of emergency.

Managing and developing the security industry; researching, applying and mobilizing scientific, technological and technical achievements in protecting national security, ensuring social order and safety, fighting against crimes and violations of laws on national security, social order and safety and building the People's Public Security.

Building a revolutionary, disciplined, elite, and gradually modern People's Public Security Force, prioritizing the modernization of a number of forces;

Fulfill international obligations; cooperate internationally in the fight against crime, protect national security, ensure social order and safety, and build the People's Public Security; provide judicial assistance in criminal matters in accordance with the law.

The Ministry of Public Security is the central agency of the Socialist Republic of Vietnam in the activities of extradition and transfer of persons serving prison sentences.

Perform other duties and powers as prescribed by law.

Source: https://dansinh.dantri.com.vn/nhan-luc/nguyen-tac-to-chuc-nhiem-vu-va-quyen-han-cua-cong-an-nhan-dan-20250111080913082.htm