When should the security team leader at the facility be dismissed

Lao Dong Newspaper Legal Consulting Office replied:

Clause 3, Article 17 of the Law on Forces Participating in Protecting Security and Order at the Grassroots Level stipulates cases of termination from participation in this force, including:

a) Have an application to stop participating in the force participating in protecting security and order at the grassroots level;

b) Not ensuring health according to the certificate of a medical examination and treatment facility established and operating in accordance with the provisions of law;

c) Failure to perform assigned tasks according to the assignment and mobilization of the Commune-level Police 2 times or more without a valid reason, failure to complete tasks or taking advantage of or abusing the task of protecting security and order at the grassroots level to commit illegal acts and having been reminded in writing by the Commune-level Police 2 times or more but still continuing to violate;

d) Violating criminal law for which a decision has been made to prosecute the accused or preventive measures have been applied according to the provisions of the law on criminal procedure; administrative handling measures have been applied.

4. The Minister of Public Security shall prescribe the procedures for adjusting the number of members, the number of security and order protection teams, and terminating participation in the force participating in security and order protection at the grassroots level.

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

a) For the case specified in Point a, Clause 3, Article 17 of the Law on Forces Participating in the Protection of Security and Order at the Grassroots Level: The Commune-level Police shall preside over receiving the application 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 Chief, Head of the Residential Group, Head of the Front Working Committee in the Village or Residential Group to consider and issue a document with a Report requesting resignation from the force participating in the protection of security and order at the grassroots level (Form No. 07 of the Appendix to this Circular) to report to the Chairman of the Commune-level People's Committee for consideration and decision;

b) For the 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: The Commune-level Police shall preside over and coordinate with the Village Chief, Head of the Residential Group, Head of the Front Work Committee in the Village or Residential Group to collect information and documents, and have a written report attached to the Report proposing to terminate participation in the force participating in protecting security and order at the grassroots level (Form No. 07 of the Appendix 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 receipt of the document from the Commune-level Police, the Chairman of the Commune-level People's Committee shall consider and decide to terminate the 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 cultural houses and community activity points in villages and residential groups.

Thus, the dismissal of the head of the security and order protection team at the grassroots level is carried out according to the above regulations.