Authority for handling violations of the People's Public Security regulations and procedures for handling violations.

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Jurisdiction for Handling Violations of People's Public Security Regulations

Based on Clause 2, Article 11 of Circular 02/2021/TT-BCA, the jurisdiction for handling violations of People's Public Security regulations is stipulated as follows:

- In cases where the basis for disciplinary action is a form of reprimand, the decision shall be made by the head of the unit (for officers and soldiers who violate the regulations) or the direct superior head of the unit (for units that violate the regulations);

- In cases where the basis for disciplinary action is the demotion of the annual emulation title or non-consideration for the annual emulation title, the decision shall be made by the Emulation and Commendation Council at the same level or the direct superior Emulation and Commendation Council;

- In cases where the basis for disciplinary action is the classification of failure to complete the task, it shall be implemented according to the regulations of the Minister of Public Security on evaluation, appraisal, and classification of officers in the People's Public Security;

- In cases where the basis for disciplinary action is from Reprimand or higher, it shall be implemented according to the regulations of the Minister of Public Security on disciplining officers and soldiers of the People's Public Security.

Jurisdiction for handling violations of People's Public Security regulations. How is the process conducted? (Image from the Internet)

What Does the Dossier for Handling Violations of People's Public Security Regulations Include?

Based on Clauses 3 and 4, Article 11 of Circular 02/2021/TT-BCA, the dossier for handling violations of People's Public Security regulations includes:

- Minutes of inspection or minutes of violation of the regulations; verification minutes, other documentary evidence (if any);

- Report on self-criticism from the violating unit; self-criticism and statement from the violating officer or soldier;

- Minutes of meetings for reviewing and proposing disciplinary actions; vote counting minutes (if any);

- Decision on handling and notification of the results of the violation.

Note: Documents and materials for handling regulatory violations shall be stored by the advisory unit proposing the handling of violations. The storage of documents shall be implemented following the regulations of the Minister of Public Security on administrative clerical work, and the storage of state management documents in the People's Public Security.

What is the Sequence for Handling Violations of People's Public Security Regulations?

Based on Clause 1, Article 11 of Circular 02/2021/TT-BCA, the sequence for handling violations of People's Public Security regulations is stipulated as follows:

(1) For a unit violating the regulations:

The direct superior managing unit requests the violating unit to review, report on the violation, and self-determine the disciplinary form; organizes inspection, verification, and concludes the violation behavior, if the violation is clear, no verification is needed;

Based on the content of the violation to organize appropriate meetings for consideration:

+ If the disciplinary action is a reprimand, the unit or key officers' meeting (the components decided by the direct superior head of the unit) is organized, followed by a written notification;

+ If the disciplinary action is the demotion of the emulation title of the year or non-consideration for the annual emulation title, the direct superior Emulation and Commendation Council's meeting is organized (if no meeting is organized, written opinions are collected);

After handling, the results are reported in writing to the direct superior regulation management agency or the unit issues a notification.

(2) For officers and soldiers violating the regulations:

The direct managing leaders and commanders request the violating officers or soldiers to write a self-criticism report on the violation behavior and self-determine the disciplinary form; organize inspection, verification, and conclude the violation behavior of the officers or soldiers. If the violation is clear, no verification is needed.

Based on the self-criticism content of the officers or soldiers and the verification results, depending on the nature and severity of the violation, if it is deemed necessary to temporarily suspend the violating officers or soldiers, a decision shall be made or reported to the competent authority for a decision;

Based on the content of the violation to organize appropriate meetings for consideration:

+ If the disciplinary action is a reprimand, the unit or key officers' meeting (components decided by the unit head) is organized, followed by a written notification;

+ If the disciplinary action is the demotion of the annual emulation title or non-consideration for the annual emulation title, the same level’s Emulation and Commendation Council's meeting is organized (if no meeting is organized, written opinions are collected);

+ If the disciplinary action is the classification of failure to complete the task, it shall be implemented according to the regulations of the Minister of Public Security on evaluation, appraisal, and classification of officers in the People's Public Security;

+ If the violation warrants disciplinary action from reprimand to stripping the People's Public Security title, it shall be implemented according to the regulations of the Minister of Public Security on disciplining officers and soldiers in the People's Public Security;

After handling, the results are reported in writing to the direct superior regulation management agency or the unit issues a notification. In cases where officers or soldiers show signs of violating the law, the competent authority must be reported, and the documents must be transferred to the functional agency for review and handling according to the law.