Does the Commune Police Chief have the right to dismiss the grassroots security protection force?

Legal Consulting Department of Lao Dong Newspaper answers:

Clause 3, Article 5, Circular 14/2024/TT-BCA of the Ministry of Public Security detailing a number of articles of the Law on Forces participating in protecting security and order at the grassroots level stipulates the termination of participation in this force as follows:

a) For cases specified in point a, clause 3, Article 17 of the Law on Forces participating in protecting security and order at the grassroots level: The commune-level police shall take the lead in receiving applications for resignation from the force and within 05 working days from the date of receipt of the application, the commune-level police shall coordinate with the Village Head, Neighborhood Group Leader, Head of the Fatherland Front Committee in the village or residential group to consider and have a document attached to the Report requesting resignation from the force participating in protecting security and order at the grassroots level (Form No. 07 Appendix attached to this Circular) reporting to the Chairman of the Commune-level People's Committee for consideration and decision;

b) For cases specified in points b, c, d, clause 3, Article 17 of the Law on Forces participating in protecting security and order at the grassroots level: Commune-level police shall preside over and coordinate with Village Heads, Neighborhood Group Leaders, Heads of Fatherland Front Committees in villages and residential groups to collect information and documents, with documents attached to the Report requesting the termination of participation in forces participating in protecting security and order at the grassroots level (Form No. 07 Appendix attached to this Circular) to report to the Chairman of the Commune-level People's Committee for consideration and decision;

c) Within 05 working days from the date of receiving the document from the Commune-level Police, the Chairman of the Commune-level People's Committee shall consider and decide to terminate participation in the force participating in protecting security and order at the grassroots level (Form No. 08 Appendix attached to this Circular) and assign the Commune-level Police to publicly post the decision at the headquarters of the People's Council, People's Committee, Commune-level Police, at the cultural house and community activity points in villages and residential groups.

Thus, the Chairman of the Commune-level People's Committee has the right to terminate participation in the force participating in protecting security and order at the grassroots level.

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