Proposal to increase the maximum service age of police officers, non-commissioned officers and workers

On the afternoon of May 27, continuing the working program, the National Assembly discussed in groups the draft Law amending and supplementing a number of articles of the Law on People's Public Security and the draft Law amending and supplementing a number of articles of the Law on Exit and Entry of Vietnamese Citizens and the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam.

Overview of the discussion session at Group 3 on the afternoon of May 27. Photo: Phan Hau

INCREASE THE SERVICE AGE OF PEOPLE'S POLICE

The Law amending and supplementing a number of articles of the Law on People's Public Security, when promulgated, will create consistency and conformity on the basis of new regulations of the 2019 Labor Code and the specific nature of the People's Public Security force.

Currently, the maximum service age for officers, non-commissioned officers, and police workers prescribed in the 2018 Law on Public Security ensures a correlation with the regulations on retirement age of employees in the 2012 Labor Code, associated with the characteristics of the armed forces in general and the Public Security force in particular in terms of ranks, positions, and titles on the basis of conformity with the functions, tasks, and organizational characteristics of units in the Public Security.

However, the 2012 Labor Code has been replaced by the 2019 Labor Code (effective from January 1, 2021); accordingly, the retirement age of employees in normal working conditions is adjusted according to the roadmap until reaching 62 years old for men in 2028 and 60 years old for women in 2035.

Delegate Tran Nhat Minh (Nghe An Delegation) speaks at the discussion. Photo: Phan Hau

The Labor Code is considered the “Original Law” on the retirement age of employees in general. Therefore, based on the new provisions of the 2019 Labor Code and the specific nature of the People's Public Security Forces, it is necessary to amend the current regulations on the maximum service age of officers, non-commissioned officers, and public security workers in the Law on People's Public Security and Decree No. 49/2019/ND-CP dated June 6, 2019 of the Government detailing and implementing measures for a number of articles of the Law on People's Public Security to be appropriate.

Accordingly, amend and supplement the maximum service age of police workers, non-commissioned officers, and police officers in the direction of: Supplementing regulations and increasing the maximum service age of police workers (men increase by 2 years, women increase by 5 years); increasing the age of officers and non-commissioned officers by 2 years; female officers with the rank of Colonel increase by 5 years, female officers with the rank of Lieutenant Colonel increase by 3 years; female officers with the rank of General remain at 60 years old as current; supplementing regulations to extend the maximum service age for police officers in special cases.

Age increase time according to the roadmap: Each year, increase 3 months for men and 4 months for women. For officers and non-commissioned officers with the highest service age under 60 years old for men and under 55 years old for women, the age increase is 2 years immediately, not following the above roadmap.

The time for increasing the maximum service age will start from 2021 but will not apply to cases that have retired from work before the effective date of this Law. The Government shall specify the roadmap for increasing the maximum service age of police officers, non-commissioned officers, and workers in accordance with the provisions of the Labor Code.

Road Traffic Police Team No. 5, Traffic Police Department of the Provincial Police checks alcohol concentration on National Highway 46. Photo: Dinh Tuyen

In addition, the draft Law amending and supplementing a number of articles of the Law on People's Public Security, when promulgated, will also remove some obstacles in regulations on the highest ranks for positions and titles of People's Public Security officers; as well as remove difficulties and inadequacies in applying early promotion to the rank of General for People's Public Security officers with outstanding achievements in combat and work.

Speaking at the discussion on the draft Law amending and supplementing a number of articles of the Law on People's Public Security, Mr. Tran Nhat Minh - full-time National Assembly member of Nghe An Delegation requested the drafting agency to explain more clearly the provisions in the draft related to the level of department heads and equivalents in units under the Ministry's agencies with functions and tasks of direct combat, consulting, researching, and providing professional and technical guidance to the entire force; Head of staff and technical departments, Head of District Police under Hanoi City Police, Ho Chi Minh City Police, Head of City Police under centrally-run cities with a rank one level higher than the prescribed level.

Along with that, the delegate of Nghe An Delegation also suggested that a certain percentage should be set for extending the service age of police officers. If the regulations are general, there may be cases where many officers stay on the payroll to serve, even though they have reached retirement age.

The draft Law also stipulates: "In special cases, officers specified in Clause 1 of this Article may be extended beyond the age of 62 for men and 60 for women according to the decision of the competent authority", delegate Tran Nhat Minh requested the drafting agency to clarify the concept of "special cases" and which level is the "competent level" in this regulation; while the Government has Decree 83 regulating this issue when implementing the 2019 Labor Code;...

MANY REGULATIONS TO SHORTEN AND SIMPLIFY ENTRY AND EXIT PROCEDURES

Along with that, the delegates of Nghe An delegation also contributed comments to the draft Law amending and supplementing a number of articles of the Law on Exit and Entry of Vietnamese Citizens and the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam.

Delegate Thai Thi An Chung - Member of the Provincial Party Committee, Deputy Head of the Provincial National Assembly Delegation assessed that the above draft Law has many provisions to shorten administrative procedures, simplify and solve some practical problems; at the same time, proposed to study and supplement some contents.

Delegate Thai Thi An Chung speaks at the discussion. Photo: Phan Hau

In particular, the delegate suggested further study of the provisions in the draft Law related to the issue of transferring authority in the matter of presiding over the proposal and signing of international treaties and agreements from the Ministry of Foreign Affairs to the Ministry of Public Security. Is it appropriate? At the same time, this provision leads to the amendment of related laws such as the Law on International Agreements and the Law on International Treaties, which already have provisions, so further study is needed to ensure consistency between the laws.

Standing member of the National Assembly's Law Committee Hoang Minh Hieu - delegate of Nghe An delegation said that it is expected that after amending the Law on Citizen Identification, in the near future, Identity Cards will be issued to Vietnamese people whose nationality has not been determined.

Delegate Hoang Minh Hieu - Nghe An delegation speaks at the discussion. Photo: Phan Hau

According to the impact assessment report of the Ministry of Public Security, there will be about 31,000 people in this category. However, according to the delegate, the Law amending and supplementing a number of articles of the Law on Exit and Entry of Vietnamese Citizens and the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam do not mention Exit and Entry Certificates for these subjects, therefore, it is necessary to consider having appropriate forms and very specific policies for these people, to create conditions for them to exercise their human rights in traveling.