YouMe Law Firm LLC said that, based on the provisions of Point a, Clause 3, Article 61 of the 2008 Law on Cadres and Civil Servants, amended by Clause 13, Article 1 of the Law on Cadres and Civil Servants and the 2019 amended Law on Public Employees as follows:
Positions and titles of commune-level cadres and civil servants
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3. Commune-level civil servants hold the following positions:
a) Chief of Police (applicable to communes and towns that have not yet organized regular police according to the provisions of the Law on the People's Public Security No. 37/2018/QH14);
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Accordingly, in localities where there is no regular police organization, the Commune Police Chief is considered a commune-level civil servant.
At the same time, according to the provisions of Clause 3, Article 6 of Decree 42/2021/ND-CP, the organization of regular commune police in communes and towns must be completed before June 30, 2022.
This means that, up to now, the organization of regular commune police in communes and towns has been completed.
Pursuant to the provisions of Clause 2, Article 5 of Decree 33/2023/ND-CP, the current regulations on the positions of commune-level civil servants have been amended as follows:
Position, title
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2. Commune-level civil servants specified in Clause 1, Article 2 of this Decree have the following titles:
a) Commander of the Military Command;
b) Office - statistics;
c) Land - construction - urban and environment (for wards and towns) or land - agriculture - construction and environment (for communes);
d) Finance - accounting;
d) Justice - civil status;
e) Culture - society.
It can be seen that the new regulation has removed the "Cham District Police Chief" from the positions of commune-level civil servants.
In Article 24 of the 2018 Law on the People's Public Security on the positions and titles of People's Public Security officers as follows:
Positions and titles of People's Public Security officers
1. Basic positions of People's Public Security officers include:
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dd) Captain; Chief of Commune, Ward and Town Police; Battalion Commander;
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Thus, it can be seen that the Commune Police Chief is no longer a commune-level civil servant but an officer of the People's Public Security.
Therefore, the Commune Police Chief is currently classified according to the military rank of a People's Public Security officer.
