Procedures for Handling Violations of People's Public Security Orders: Regulations and Required Documentation

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What are the Aggravating and Mitigating Circumstances in Handling Violations of People's Public Security Orders?

Pursuant to the provisions of Article 10 of Circular 02/2021/TT-BCA, the aggravating and mitigating circumstances in handling violations of People's Public Security orders are regulated as follows:

Aggravating Circumstances:

- Acts or statements that obstruct, confront, or do not comply with the inspection requirements of the Order Inspection Team;

- Abuse of power to violate or cover up, not handle violations, or improperly handle violations according to regulations;

- Repeated violations within the year;

- Failure to acknowledge faults voluntarily, acts of evasion, concealment of violations, dishonest reporting, obstruction of others from providing evidence of violations, obstruction of verification, handling violations, or threats, reprisals against the whistleblower.

Mitigating Circumstances:

- Actively reporting one's own violations to the organization, voluntarily acknowledging faults, being sincere, recognizing the mistakes clearly;

- Taking actions to prevent or mitigate the consequences of the violation; promptly rectify or correct;

- Violations due to objective reasons;

- Actively participating in the unit's organizations and activities, having achievements recognized with commendations.

Note: Aggravating and mitigating circumstances are among the bases for proposing an increase or decrease in the level of handling. In cases where aggravating circumstances outnumber mitigating ones, higher handling measures will be applied than those prescribed for the violation; conversely, when mitigating circumstances outnumber aggravating ones, lower handling measures will be applied than those prescribed for the violation.

What are the procedures for handling violations of People's Public Security orders? What documents are included in the dossier for handling such violations? (Image from the Internet)

What are the Procedures for Handling Violations of People's Public Security Orders?

Based on Clause 1, Article 11 of Circular 02/2021/TT-BCA, the procedures for handling violations of People's Public Security orders are specified as follows:

For Units Violating the Order:

- The direct superior unit management requires the violating unit to review, report on the violation and acknowledge the form of handling; organizes inspection, verification, and concludes the violation; if the violation is clear, no verification is needed;

- Based on the nature of the violation, appropriate meetings are organized: If handling by criticism, a unit or core staff meeting is organized (composition decided by the immediate superior unit head), followed by a written notice;

- If handling by downgrading the yearly emulation title or not considering awarding the yearly emulation title, a meeting of the direct superior emulation council is organized (if no meeting is held, written opinions are obtained);

- After handling, report in writing to the direct superior order management agency or the unit issuing the notification.

For Officers and Soldiers Violating the Order:

- The direct management leadership commands the violating officer or soldier to write a self-review report on the violation and acknowledge the form of handling; organizes inspection, verification, and concludes the violation; if the violation is clear, no verification is needed.

- Based on the self-review content of the officer or soldier and the verification results, if necessary to suspend the work of the violating officer or soldier, a decision is issued or the competent authority is reported for a decision;

- Based on the nature of the violation, appropriate meetings are organized:

+ If handling by criticism, a unit or core staff meeting is organized (composition decided by the unit head), followed by a written notice;

+ If handling by downgrading the yearly emulation title or not considering awarding the yearly emulation title, a meeting of the same-level emulation and commendation council is organized (if no meeting is held, written opinions are obtained);

+ If handling by classifying as not completing tasks, the rules of the Minister of Public Security on reviewing, evaluating, and classifying officers in the People's Public Security are followed;

+ If the violation necessitates disciplinary action from reprimand to stripping the People's Public Security title, the rules of the Minister of Public Security on disciplining officers and soldiers in the People's Public Security are followed;

- After handling, report in writing to the direct superior order management agency or the unit issuing the notification. In cases where officers or soldiers show signs of legal violations, the competent authority is reported to transfer documents to the functional agency for consideration and handling according to the law.

What Documents are Included in the Dossier for Handling Violations of People's Public Security Orders?

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

- Minutes of order inspection or minutes of order violation; verification report, other evidentiary documents (if any);

- Report reviewing the order violation of the unit; self-review report, explanation of the officer or soldier violating the order;

- Minutes of the meeting discussing, proposing handling violations; ballot counting minutes (if any);

- Decision on handling, notification of the handling result.