Is abusing positions and powers to insult subordinates in the Vietnam People's Army force considered an aggravating circumstance for disciplinary action?
What is the disciplinary action against persons applying humiliation or corporal punishment to subordinates in the Vietnam People's Army force?
According to Article 17 of Circular 16/2020/TT-BQP, the regulations on the handling of abuses or tortures against subordinates in the Vietnam People's Army force are as follows:
- A commander or superior who uses words or actions to insult the dignity, honor, or body of a subordinate will be disciplined from reprimand, warning to salary reduction, or demotion in rank.
- If one of the following violations occurs:
+ Have already been disciplined but continues to violate;
+ Cause injury or harm to health ineligible for criminal responsibility.
The penalty will range from demotion, dismissal, and stripping of officer rank, to removal of military status, and termination.
Is abusing positions and powers to insult subordinates in the Vietnam People's Army force considered an aggravating circumstance for disciplinary action?
Is abusing positions and powers to insult subordinates in the Vietnam People's Army force considered an aggravating circumstance for disciplinary action?
According to Article 5 of Circular 16/2020/TT-BQP:
Mitigating and Aggravating Circumstances
1. Mitigating circumstances:
a) The violator has actions to prevent, reduce the consequences of the violation or voluntarily remedy the consequences, compensate for damages;
b) The violator voluntarily reports, honestly regrets, actively helps authorities detect and handle violations;
c) Violations due to coercion or dependence on material or mental aspects; violations in particularly difficult circumstances.
2. Aggravating circumstances:
a) Repeated violations or recidivism;
b) Coercing those materially or mentally dependent to commit violations;
c) Abusing position or authority to commit violations;
d) Continuing to commit violations despite the authorities' request to cease such acts;
đ) Evading or concealing the violation after committing it.
3. Circumstances specified in Clause 2 herein that have been regulated as violations will not be considered as aggravating circumstances.
Thus, abusing positions or powers to violate discipline is one of the aggravating circumstances when handling disciplinary action in the Vietnam People's Army force.
However, if abusing positions or powers to insult or torture subordinates in the Vietnam People's Army force has already been defined as a violation, it will not be considered an aggravating circumstance.
What are the rules for taking disciplinary actions against violators under the management of the Vietnam People's Army force?
According to Article 45 of Circular 16/2020/TT-BQP, the rules on the power to discipline violators under management are as follows:
- Squad leaders and equivalent positions have the authority to reprimand soldiers.
- Platoon leaders and equivalent positions have the authority to reprimand to squad leaders and equivalent.
- Company commanders, company political officers, Border Station heads, and equivalent positions have the authority to:
+ Reprimand to platoon leaders and equivalent; officers or professional soldiers up to the rank of captain; officials, workers, and public employees with salaries equivalent to the rank of captain.
+ Warn to the squad leader or equivalent; non-commissioned officers up to the rank of sergeant; officials, workers, and public employees with salaries equivalent to the rank of first lieutenant.
- Battalion commanders, battalion political officers, Border Station commanders, and equivalent positions have the authority to:
+ Reprimand up to company commanders, company political officers, Border Station heads, and equivalent; officers or professional soldiers up to the rank of major; officials, workers, and public employees with salaries equivalent to the rank of major.
+ Warn to platoon leaders and equivalent; officers or professional soldiers up to the rank of captain; officials, workers, and public employees with salaries equivalent to the rank of captain.
+ Demote from Private First Class to Private.
- Regiment commanders, brigade commanders, regiment political commissars, brigade political commissars, and equivalent positions have the authority to:
+ Reprimand up to battalion commanders, battalion political officers, Border Station commanders, and equivalent; officers or professional soldiers up to the rank of lieutenant colonel; officials, workers, and public employees with salary coefficients below 6.20.
+ Warn to company commanders, company political officers, Border Station commanders, and equivalent; officers or professional soldiers up to the rank of major; officials, workers, and public employees with salary equivalent to the rank of major.
+ Demote, dismiss squad leaders and equivalent positions.
+ Demote in rank, strip the title of the military up to the rank of sergeant.
- Division commanders, division political officers, and equivalent positions have the authority to:
+ Reprimand up to regiment commanders, regiment political commissars, and equivalent; officers or professional soldiers up to the rank of colonel; officials, workers, and public employees with salary coefficients below 6.80.
+ Warn up to battalion commanders, battalion political officers, and equivalent; officers or professional soldiers up to the rank of lieutenant colonel; officials, workers, and public employees with salary coefficients below 6.20.
+ Demote, dismiss up to deputy battalion commanders, deputy battalion political officers, and equivalent positions.
+ Demote in rank, strip the title of the military up to the rank of Staff Sergeant.
- Commanders, political officers of the Navy Region, Vietnam Coast Guard Region have the authority to:
+ Reprimand up to squadron commanders, squadron political officers, and equivalent; officers or professional soldiers up to the rank of colonel; officials, workers, and public employees with salary coefficients below 6.80.
+ Warn up to ship commanders, ship political officers, and equivalent; officers or professional soldiers up to the rank of lieutenant colonel; officials, workers, and public employees with salary coefficients below 6.20.
+ Demote, dismiss up to deputy ship commanders, deputy ship political officers, and equivalent positions.
+ Demote in rank, strip the title of the military up to the rank of Staff Sergeant.
- Commanders, political officers of the following units: Coast Guard Command; Command 86; Hanoi Capital Command, arms, and equivalent positions have the authority to:
+ Reprimand up to division commanders, division political officers; commanders, political officers of the Vietnam Coast Guard Region, and equivalent.
+ Warn up to regiment commanders, brigade commanders, regiment political commissars, brigade political commissars, and equivalent; officers up to the rank of colonel, except positions specified in Point a, Clause 9, Article 45 of Circular 16/2020/TT-BQP.
+ Reduce salary, demote officers in rank up to the rank of major; professional soldiers up to the rank of lieutenant colonel; officials, workers, and public employees with salary coefficients below 6.20.
+ Demote, dismiss up to deputy regiment commanders, deputy brigade commanders, deputy regiment political commissars, brigade political commissars, and equivalent.
- Military Zone Commanders, service commanders, Border Guard commanders, army corps commanders; Chiefs, Political commissars of the General Logistics Department, General Military Department, General Defense Industry Department, General Department II; Chief Inspector of the Ministry of Defense and equivalent positions have the authority to:
+ Reprimand up to division commanders, division political officers; commanders, political officers of the Navy Region Command; commanders, political officers of the provincial (city) military command; provincial (city) Border Guard and equivalent.
+ Warn up to regiment commanders, brigade commanders, regiment political commissars, brigade political commissars, and equivalent; officers up to the rank of colonel, except the positions specified in Point a, Clause 9, Article 45 of Circular 16/2020/TT-BQP.
+ Reduce salary, demote in rank up to the rank of lieutenant colonel; officials, workers, and public employees with salary coefficients below 6.20.
+ Demote, dismiss up to regiment commanders, brigade commanders; regiment political commissars, brigade political commissars; commanders, political officers of the district military command.
- The Chief of the General Staff, Chief Political Commissar have the authority to discipline similar to Military Zone Commanders, service commanders, Border Guard commanders, army corps commanders; Chiefs, Political Commissars of the General Logistics Department, General Military Department, General Defense Industry Department, General Department II; Chief Inspector of the Ministry of Defense and equivalent positions.
- The Minister of Defense will handle disciplinary actions for subjects under their jurisdiction according to regulations.
LawNet
