Circular No. 124/2021/TT-BCA dated December 28, 2021 on residential areas, communes, wards, towns, agencies, enterprises, educational institutions that meet standards of “order and security"

CIRCULAR

RESIDENTIAL AREAS, COMMUNES, WARDS, TOWNS, AGENCIES, ENTERPRISES, EDUCATIONAL INSTITUTIONS THAT MEET STANDARDS OF  “ORDER AND SECURITY"

Pursuant to Law on Promulgation of legislative documents dated June 22, 2015; the Law on amendments to some Articles of Law on Promulgation of legislative documents dated June 18, 2020;

Pursuant to the Law on People’s Public Security Force in 2018;

Pursuant to Decree No. 01/2018/ND-CP dated August 06, 2018 of Government on functions, tasks, powers, and organizational structure of the Ministry of Public Security of Vietnam;

At the request of Director General of the Department for Development of All People Protect National Security Movement of Ministry of Public Security;

The Minister of Public Security promulgates a Circular on residential areas, communes, wards, towns, agencies, enterprises, educational institutions that meet standards of  “order and security"

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. Scope:

The Circular elaborates principles, criteria, procedures and power to considerate, approve and recognize residential areas, communes, wards, towns, agencies, enterprises, educational institutions that meet standards of  “order and security"

2. Regulated entities:

a) Residential areas, communes, wards, towns;

b) Agencies (except for military agencies and units), enterprises (except for small and micro enterprises), educational institutions (except for primary education institutions, preschools, kindergartens);

c) Other organizations and individuals relevant to consideration, approval and recognition of residential areas, communes, wards, towns, agencies, enterprises, educational institutions that meet standards of  “order and security”.

Article 2. Definitions

For the purposes of this Circular, the terms below are construed as follows:

1. “Residential area” refers to a place, in which people and households live within a specific region, including: hamlet, village, mountain village, residential group and equivalent residential unit.

2.“Agencies” include state agencies, state administrative agencies, public service providers, socio-political organizations, socio-professional organizations that have been established, have operated in accordance with regulations of competent authorities and have had the headquarters and the operating costs of which are covered by the state budget.

3. “Enterprise” refers to an organization with its own name, assets and transaction office. The enterprises have been established in accordance with law for the purpose of production and business.

4. “Educational institution” refers to an organization that carries out educational activities in the national education system. The educational institutions include schools and other educational institutions.

Article 3. Principles

1. The process of consideration, approval and recognition for achievement in standards of  “order and security” of residential areas, communes, wards, towns, agencies, enterprises, educational institutions in order to meet shall be conducted every year.

2. The process of consideration, approval and recognition shall ensure accuracy, publicity, democracy and legality.

3. The result of recognition is the basis for annual evaluation and commendation of the “all people protect national security” movement; consideration of commendation and recognition of titles relevant to security and order.

Chapter II

SPECIFIC PROVISIONS

Article 4. Criteria for recognition of residential areas that meet the standards of  “order and security”

The residential area will meet standards of  “order and security” if it fully meets the following criteria:

1. In the first quarter of each year, the Communist Party cell must make a resolution and the residential area shall apply for award of the “order and security” title; all households which are residing in the area register for participation in development of a residential area that meets standards of "order and security ".

2. The residential area shall effectively carry out the Communist Party’s policies and guidelines, state laws and regulations of the local authorities on assurance about security and order. 

3. The following issues shall not occur in the residential area:

a) Opposing the Communist Party and the Government and sabotaging the great national unity policies;

b) Causing obstruction in economic, cultural, social, security and national defense targets and works;

c) Disseminating and developing beliefs and religions against the law;

d) Taking advantage of beliefs, religions, ethic groups, disputes or lawsuits to complicate security and order;

dd) Carrying out secession activities, demanding independence;

e) Having complicated and prolonged contradictions or disputes among people;

g) Coercing, enticing, bribing and inciting other people to gather together to make complaints, disrupt security and public order, or taking advantage of complaints to disseminate information for opposition to the State; infringing upon the interests of the State; distorting, slandering, threatening or insulting reputation and honor of agencies, organizations and persons assigned to settle complaints and denunciations.

4. The residential area shall participate and cooperate in taking actions against crime, social evils and other violations, including:

a) Restraining and cutting down crimes, social evils and other violations compared to those of previous year;

b) Serious crimes or extremely serious crimes must not occur in the residential area (except for force majeure). Any crime shall be promptly discovered and reported to the competent authorities for handling and measures must be synchronously taken to mitigate consequences of the crime

c) The residential area shall prevent complicated gathering points that disturb social order and cases with social evils; effectively manage, educate and assist persons who are residing in the area according to regulations of the law;

d) The residential area shall prevent serious fire or explosion; fatal occupational injuries; serious incidents according to regulations of the law (except for force majeure).

5. The forces that participate in protection of security and order at the grassroots level shall be recognized for excellent performance of their tasks and none of them violates the law and is disciplined.

Article 5. Criteria for recognition of communes, wards and towns that meet standards of  “order and security”

The communes, wards and towns will meet standards of  “order and security” if they fully meets the following criteria:

1. In the first quarter of each year, the Communist Party Committee must make resolution and the People’s Committee of communes/wards/towns shall make plans on assurance about order and security and register for achievement in standards of  “order and security”. Build, consolidate or maintain at least 01 model of the “all people protect national security” movement at grassroots level that operates effectively.

2. Criteria specified in Clause 2, Clause 3, Clause 4 Article 4 of this Circular shall be satisfied;

3. The police of communes, wards and towns shall actively grasp situation, promptly advise and propose guidelines, measures to the Party Committee and authorities, effectively organize works of assurance about security and order and develop the “all people protect national security” movement in the local area and none of them violates the law and is disciplined.

4. 100% of residential areas, agencies, enterprises and educational institutions under their competence or management in their communes, wards and towns register, and at least 70% of them are recognized for achievement in the standards of  “order and security ".

Article 6. Criteria for recognition of agencies and enterprises that meet standards of  “order and security”

The agencies and enterprises will meet standards of  “order and security” if they fully meet the following criteria:

1. In the first quarter of each year, the Party organization shall make thematic resolution or integrate works of assurance about security and order in the annual resolution on leadership and direction (areas with the Party organization). The agencies and enterprises shall have plans on assurance about security and order and register for achievement in the standards of "order and security"; rules and regulations on protection of agencies and enterprises, protection of state secrets, protection of internal politics, labor safety, fire and explosion prevention and fighting and environmental protection in conformity with the actual situation and regulations of the law. All officials, public employees and employees shall be disseminated and thoroughly grasped the rules and regulations mentioned above and criteria for development of agencies and enterprises that meet standards “order and security”. At least one model of the “all people protect national security” movement at grassroots level operates effectively

2. The agencies and enterprises shall effectively carry out the Communist Party’s policies and guidelines, state laws and regulations, programs and plans for cooperation with the police forces (if any) and local regulations on assurance about security and order.

3. The following issues shall not occur in agencies and enterprises:

a) Disseminating and developing religions against the law;

b) Taking advantage of beliefs, religions, ethic groups, disputes or lawsuits to complicate security and order;

c) Coercing, enticing, bribing and inciting other people to gather together to make complaints, disrupt security and public order, or taking advantage of complaints to disseminate information for opposition to the State; infringing upon the interests of the State; distorting, slandering, threatening or insulting reputation and honor of agencies, organizations and persons assigned to settle complaints and denunciations.

d) Illegally participating in strike or go-slow strike;

dd) Serious crimes or extremely serious crimes must not occur in the agencies and enterprises (except for force majeure). Any crime shall be promptly discovered and reported to the competent authorities for handling and measures must be synchronously taken to mitigate consequences of the crime

e) Violating regulations on protection of state secrets;

g) Serious fire or explosion; fatal occupational injuries; serious incidents; violations against regulations on environment, food safety and hygiene that cause serious consequences according to regulations of the law (except for force majeure).

h) Officials, public employees and employees being disciplined by warning or more severe penalties for administrative violations against regulations on security and order or social evils.

4. The security forces of agencies and enterprises shall achieve the title of  “labour collective with good achievements" or shall be recognized for excellent performance of tasks or higher (for agencies and enterprises that are eligible to consider and confer emulation titles) and none of them are disciplined by warning or more severe penalties.

5. 70% of subordinate joints (departments, divisions, groups, teams, etc.) shall achieve the title of  “labour collective with good achievements" or shall be recognized for excellent performance of tasks or higher (for agencies and enterprises that are eligible to consider and confer emulation titles) and none of them are disciplined by warning or more severe penalties.

Article 7. Criteria for recognition of educational institutions that meet standards of  “order and security”

The educational institutions will meet standards of  “order and security” if they fully meets the following criteria:

1. In the first quarter of each year, the Party organization shall make thematic resolution or integrate works of assurance about security and order in the annual resolution on leadership and direction (areas with the Party organization). The educational institutions shall have plans on assurance about security and order and register for achievement in the standards of "order and security"; rules and regulations on protection of educational institutions, protection of internal politics, management and education for learners, fire and explosion prevention and fighting and environmental protection in conformity with the actual situation. All officials, public employees, employees, teachers and learners shall be disseminated and thoroughly grasped the rules and regulations mentioned above and criteria for development of educational institutions that meet standards “order and security”. At least one model of the “all people protect national security” movement at grassroots level operates effectively

2. The educational institutions shall effectively carry out the Communist Party’s policies and guidelines, state laws and regulations, programs and plans for cooperation with the police forces (if any) and local regulations on assurance about security and order. The educational institutions shall have forms and measures for cooperation in management of students between the educational institutions and the parent representative board (for high schools) in assurance about security and order.

3. The cases specified in points a, b, c, dd, e and g Clause 3 Article 6 of this Circular shall not occur in the educational institutions.

4. The educational institutions shall prevent school violence. None of officials, public employees, teachers, learners commits violations or social evils are disciplined by warning or more severe penalties.

5. The security forces of educational institutions shall achieve the title of  “labour collective with good achievements" or shall be recognized for excellent performance of tasks or higher (agencies and enterprises that are eligible to consider and confer emulation titles) and none of them are disciplined by warnings or more severe penalties.

6. 70% of subordinate joints (departments, divisions, groups, teams, etc.) shall achieve the title of  “labour collective with good achievements" or shall be recognized for excellent performance of tasks or higher (for educational institutions that are eligible to consider and confer emulation titles) and none of them are disciplined by warnings or more severe penalties.

Article 8. Time for assessment and the result of recognition of achievement in the standards of "order and security"

1. Whether the residential areas, communes, wards, towns, agencies, enterprises, educational institutions meet the standards of “order and security" or not shall depends on the fulfillment of the criteria for "order and security" specified in this Circular and other criteria of the People's Committees of provinces (if any).

2. Time for assessment

a) Residential areas: From November 01 of the previous year to October 31 of the following year;

b) Communes, wards, townships, agencies, enterprises and educational institutions: From November 16 of the previous year to November 15 of the following year.

Article 9. Procedures and application for recognition of achievement in the standards of  “order and security”

1. Procedures

a) The head of the residential area shall take charge of the meeting with the Secretary of the CP cell, the representative of the Front Work Committee, the representatives of mass organizations (if any) and the representatives of polices at grassroots level to review and assess situations and results of the implementation of the standards of "order and security ", complete procedures and send application to the Standing Board of the Steering Committee for prevention of crime and social evils and development of the “all people protect national security” movement of communes, wards and towns (hereinafter referred to as “commune level”) to appraise, report and request the President of the People's Committee of commune to consider, approve and decide recognition of residential areas that meet the standards of  "security and order " before November 15 every year;

b) The Standing Board of the Steering Committee for prevention of crime and social evils and development of the “all people protect national security” movement at commune level shall review and assess situations and results of the implementation of the development of communes, wards, towns that meet the standards of "order and security ", complete procedures and send application to the Standing Board of the Steering Committee for prevention of crime and social evils and development of the “all people protect national security” movement of communes, wards and towns of provinces (hereinafter referred to as “district level”) to appraise, report and request the President of the People's Committee of district to consider, approve and decide recognition of communes, wards and towns that meet the standards of  "security and order" before November 20th every year;

c) The head of the agency, enterprise or educational institution shall take charge of the meeting with the representative of the Party Committee, the representatives of mass organizations, security forces (if any), the representatives of the polices at grassroots level, the representatives of agencies that have power to manage in order to review and assess situations and results of development of agencies, enterprises and educational institutions that meet the standards of  "security and order" and complete procedures, application and report to competent authorities (via the Standing Board of the Steering Committee for prevention of crime and social evils and development of the “all people protect national security” movement) to appraise, approve and decide recognition before November 20th every year;

d) The Department for development of all people protect national security movement of the Ministry of Public Security shall appraise the application, report and request the Minister of Public Security to considerate and decide recognition of achievement in the standards of ”order and security" for agencies, enterprises and educational institutions subject to monitoring and guidance of the professional units of the Ministry of Public Security on assurance about the security and order and development of the “all people protect national security” movement before November 20 every year.

2. Application for registration and recognition of achievement in the standards of “order and security”

a) Application for registration

- Resolution of the Party Committee on assurance about security and order (if the Communist Party is organized)

-Plan for assurance about security and order of the People's Committee of commune, ward or town; agency, enterprise or educational institution;

- Registration form for striving for achievement in the standards of “order and security”

b) Application for recognition 

- Written statement

- Report on the result of development of residential areas, communes, wards, towns, agencies, enterprises and educational institutions that meet the standards of "order and security”;

- Minutes of meeting about assessment of situations and results of implementation of the criteria for development of residential areas, communes, wards, townships, agencies, enterprises and educational institutions that meet the standards of "order and security ";

- Other relevant documents.

Article 10. Power to consider, approve and decide recognition of fulfillment of "order and security" standards

1. The People's Committee of commune shall consider, approve and issue decision on recognition and grant Certificate of Fulfillment of "Order and Security " Standards to residential areas, agencies, enterprises and educational institutions under their competence or management.

2. The People's Committee of district shall consider, approve and issue decision on recognition and grant Certificate of Fulfillment of "Order and Security " Standards to communes, wards, towns, agencies, enterprises, and educational institutions under their competence or management.

3. The People's Committee of province shall consider, approve and issue decision on recognition and grant Certificate of Fulfillment of "Order and Security " Standards to agencies, enterprises and educational institutions under their competence or management.

4. The Ministry of Public Security shall consider, approve and issue decision on recognition and grant Certificate of Fulfillment of "Order and Security " Standards to agencies, enterprises and educational institutions subject to monitoring and guidance of the professional units of the Ministry of Public Security on assurance about security and order and development of the “all people protect national security” movement.

5. According to specific conditions of each area, the superior People's Committee may authorize the inferior People's Committee (a lower level) to consider and recognize achievement in the standards of "order and security " for agencies, enterprises and educational institutions within the areas.

Chapter III

IMPLEMENTATION

Article 11: Entry into force

This Circular takes effect from February 10, 2022 and replaces Circular No. 23/2012/TT-BCA dated April 27, 2012 of the Ministry of Public Security on residential areas, communes, wards, towns, organizations, enterprises and schools that meet the standards of “order and security”

Article 12. Responsibility of implementation

1. The Chiefs of polices at all levels shall be responsible for advising the Party Committee and authorities at the same level to direct and organize the implementation of this Circular. At the same time, according to their functions, tasks and powers, strictly implement this Circular in the People's Public Security Force.

2. The competent authority shall issue a decision and grant Certificate of Fulfillment of "Order and Security " Standards to each unit that meets the standards according to the form (attached to Appendix).

3. The Department for development of all people protect national security movement of the Ministry of Public Security shall take charge and cooperate with relevant units in advising, guiding, inspecting and urging the implementation of this Circular.

Any difficulties arising during the implementation of this Circular should be promptly reported to the Ministry of Public Security (via Department for development of all people protect national security movement) for guidance.

APPENDIX NO. 1

CERTIFICATE OF FULFILLMENT OF "ORDER AND SECURITY " STANDARDS (FOR RESIDENTIAL AREA)
(Issued together with Circular No. 124/2021/TT-BCA dated December 28, 2021 of the Minister of Public Security)

1. Form: Rectangular, A4 paper size (297 x 210 mm), outer dimensions of the decorative border (260 x 175mm); white paper (150gram/m2).  The border is decorated with motifs, without four-corner patterns outside the border and the transition pattern blocks between the national emblem and the decorative border. There is the National emblem of the Socialist Republic of Vietnam in the above middle.  White wallpaper;

2. Content

(1) First line:  Country name: "SOCIALIST REPUBLIC OF VIETNAM" in capital letters, font: "Times New Roman", font-size: 14, font style: vertical, bold, black font;

(2) Second line: Motto “Independence – Freedom – Happiness” in lowercase letters, font: “Times New Roman”, font-size: 14, font style: vertical, bold, black font and below the National emblem. The are initials of the phrases, hyphens between the phrases, spaces between the words. There is a horizontal and solid line below the motto with the length that is equal to the length of the text;

(3) Third line: Name of unit that has power to issue the decision on recognition, in capital letters, font: "Times New Roman", font-size 18, font style: vertical, bold, black font;

(4) Fourth line: “Recognition”, font: “Times New Roman”, capital letters, font size: 34, font style: vertical, bold, red font;

(5) Fifth line: Name of RESIDENTIAL AREA that meets the standards of ”order and security" in lowercase letters, font: "Times New Roman", font size: correct alignment, font style: vertical and bold;

(6) Sixth line: Meet the standards of “order and security” in….(year), in capital letters, font: “Times New Roman”, font size, font style: vertical, bold and black font;

(7) Right corner: in the first line: place name, date, month, year in lowercase letters, font: "Times New Roman", font size: 13, font style: italic, bold, black font; (8) in the second line: the position of the person who has the power to recognize that the unit meets the standards of "order and security " in capital letters, font: "Times New Roman", font size; 13, font style: vertical, bold, black font; space for signature and stamp; (9) in the last line: the name of the person who has the power to issue the decision on recognition.

(10) Left corner: in the first line: Decision No. ……/UBND-QD; (11) in the second line: the date, month and year of issue of the decision on recognition in lowercase letters, font style: italic, black, font “Times New Roman”, font size 12./

Form No. 1

APPENDIX NO. 2

CERTIFICATE OF FULFILLMENT OF "ORDER AND SECURITY " STANDARDS (FOR COMMUNE, WARD OR TOWN)
(Issued together with Circular No. 124/2021/TT-BCA dated December 28, 2021 of the Minister of Public Security)

1. Form: Rectangular, A4 paper size (297 x 210 mm), outer dimensions of the decorative border (260 x 175mm); white paper (150gram/m2).  The border is decorated with motifs, without four-corner patterns outside the border and the transition pattern blocks between the national emblem and the decorative border. There is the National emblem of the Socialist Republic of Vietnam in the above middle.  White wallpaper;

2. Content

(1) First line:  Country name: "SOCIALIST REPUBLIC OF VIETNAM" in capital letters, font: "Times New Roman", font-size: 14, font style: vertical, bold, black color;

(2) Second line: Motto “Independence – Freedom – Happiness” in lowercase letters, font: “Times New Roman”, font-size: 14, font style: vertical, bold, black font and below the National emblem. The are initials of the phrases, hyphens between the phrases, spaces between the words. There is a horizontal and solid line below the motto with the length that is equal to the length of the text;

(3) Third line: Name of unit that has power to issue the decision on recognition, in capital letters, font: "Times New Roman", font-size 18, font style: vertical, bold, black font;

(4) Fourth line: “Recognition”, font: “Times New Roman”, capital letters, font size: 34, font style: vertical, bold, red font;

(5) Fifth line: Name of COMMUNE, WARD OR TOWN that meets the standards of ”order and security" in lowercase letters, font: "Times New Roman", font size: correct alignment, font style: vertical and bold;

(6) Sixth line: Meet the standards of “order and security” in….(year), in capital letters, font: “Times New Roman”, font size, font style: vertical, bold and black font;

(7) Right corner: in the first line: place name, date, month, year in lowercase letters, font: "Times New Roman", font size: 13, font style: italic, bold, black font; (8) in the second line: the position of the person who has the power to recognize that the unit meets the standards of "order and security" in capital letters, font: "Times New Roman", font size; 13, font style: vertical, bold, black font; space for signature and stamp; (9) in the last line: the name of the person who has the power to issue the decision on recognition.

(10) Left corner: in the first line: Decision No. ……/UBND-QD; (11) in the second line: the date, month and year of issue of the decision on recognition in lowercase letters, font style: italic, black, font “Times New Roman”, font size 12

Form No. 2

APPENDIX NO. 3

CERTIFICATE OF FULFILLMENT OF "ORDER AND SECURITY " STANDARDS " (FOR AGENCY, ENTERPRISE OR EDUCATIONAL INSTITUTION)
(Issued together with Circular No. 124/2021/TT-BCA dated December 28, 2021 of the Minister of Public Security)

1. Form: Rectangular, A4 paper size (297 x 210 mm), outer dimensions of the decorative border (260 x 175mm); white paper (150gram/m2).  The border is decorated with motifs, without four-corner patterns outside the border and the transition pattern blocks between the national emblem and the decorative border. There is the National emblem of the Socialist Republic of Vietnam in the above middle.  White wallpaper;

2. Content

(1) First line:  Country name: "SOCIALIST REPUBLIC OF VIETNAM" in capital letters, font: "Times New Roman", font-size: 14, font style: vertical, bold, black color;

(2) Second line: Motto “Independence – Freedom – Happiness” in lowercase letters, font: “Times New Roman”, font-size: 14, font style: vertical, bold, black font and below the National emblem. The are initials of the phrases, hyphens between the phrases, spaces between the words. There is a horizontal and solid line below the motto with the length that is equal to the length of the text;

(3) Third line: Name of unit that has power to issue the decision on recognition, in capital letters, font: "Times New Roman", font-size 18, font style: vertical, bold, black font;

(4) Fourth line: “Recognition”, font: “Times New Roman”, capital letters, font size: 34, font style: vertical, bold, red font;

(5) Fifth line: Name of AGENCY, ENTERPRISE OR EDUCATIONAL INSTITUTION that meets the standards of ”order and security" in lowercase letters, font: "Times New Roman", font size: correct alignment, font style: vertical and bold;

(6) Sixth line: Meet the standards of “order and security” in….(year), in capital letters, font: “Times New Roman”, font size, font style: vertical, bold and black font;

(7) Right corner: in the first line: place name, date, month, year in lowercase letters, font: "Times New Roman", font size: 13, font style: italic, bold, black font; (8) in the second line: the position of the person who has the power to recognize that the unit meets the standards of "order and security" in capital letters, font: "Times New Roman", font size; 13, font style: vertical, bold, black font; space for signature and stamp; (9) in the last line: the name of the person who has the power to issue the decision on recognition.

(10) Left corner: in the first line: Decision No. ……/UBND-QD; (11) in the second line: the date, month and year of issue of the decision on recognition in lowercase letters, font style: italic, black, font “Times New Roman”, font size 12./

Form No. 3