Legal Legal Consulting Office replied:
Clause 3, Article 5 of Circular 14/2024/TT-BCA of the Ministry of Public Security stipulates to stop participating in security and order protection forces at the grassroots level as follows:
a) For the case specified at Point a, Clause 3, Article 17 of the Law on Forces participating in the security and order protection at the grassroots level: The commune police shall assume the prime responsibility for receiving the resignation application for the force and within the term. 05 working days from the date of receiving the application, the commune police coordinated with the village head, the head of the residential group, the head of the Front Task Force in the village, the residential group to consider and have a document attached to the report. Proposing to stop participating in the security and order protection force at the grassroots level (Form No. 07 of the Appendix attached to this Circular) to report to the President of the commune -level People's Committee for consideration and decision;
b) For cases specified at Points b, c and d, Clause 3, Article 17 of the Law on Forces participating in the security and order protection at the grassroots level: The commune police lead and coordinate with the head of the village and the group Head of the residential group, Head of the Front Task Force in the village, the residential group gathered information and documents, has a document attached to the proposed report to stop participating in the security and order protection force at the grassroots level (Form No. 07 of the Appendix attached to this Circular) to report to the President of the commune -level People's Committee for consideration and decision;
c) Within 05 working days from the date of receiving a document from the commune police, the presidents of the commune -level People's Committee shall consider and decide to stop participating in the security and order force forces. Base (Form No. 08 of the Appendix attached to this Circular) and assigned the commune -level police to publicly declare the decision at the headquarters of the People's Council, the People's Committee, the commune police, at the Cultural House and other cultural houses and the other Community activities in villages and residential groups.
Thus, the commune police did not have the right to stop participating in security and order protection forces at the grassroots level, which belongs to the President of the People's Committee of the commune to consider and decide.
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