Promulgation of Circular 01/2024/TT-VKSTC regulating the standards for the appointment of Investigators under the Investigative Agency of the Supreme People's Procuracy?
Circular 01/2024/TT-VKSTC on the standards for appointing Investigators of the Investigation Agency of the Supreme People's Procuracy promulgated?
On April 24, 2024, the Prosecutor General of the Supreme People's Procuracy issued Circular 01/2024/TT-VKSTC stipulating the appointment, reappointment, dismissal, and removal of the Head, Deputy Head of the Investigation Agency, Investigators, and Investigative Officers of the Investigation Agency of the Supreme People's Procuracy.
Article 8 of Circular 01/2024/TT-VKSTC provides the standards for appointing Investigators as follows:
(1) Standards for appointing Junior Investigators
Persons who meet the standards prescribed in Article 47 of the Law on Organization of Criminal Investigation Agencies 2015.
(2) Standards for appointing Intermediate Investigators
Persons who meet the standards prescribed in Article 48 of the Law on Organization of Criminal Investigation Agencies 2015.
(3) Standards for appointing Senior Investigators
Persons who meet the standards prescribed in Article 49 of the Law on Organization of Criminal Investigation Agencies 2015.
Circular 01/2024/TT-VKSTC on the standards for appointing Investigators of the Investigation Agency of the Supreme People's Procuracy promulgated? (Image from the Internet)
What are the procedures for appointing an investigator?
Article 15 of Circular 01/2024/TT-VKSTC provides the procedures for appointing Investigators as follows:
(1) Appointment process via competitive examination:
Step 1: The Party Affairs Committee of the Supreme People's Procuracy, based on needs, targets, and assigned positions, decides on the competitive examination and appointment.
Step 2: The Personnel Department gathers examination files; relevant documents (if any) select persons who meet the standards and conditions to take the examination.
Step 3: After completing the examination process per regulations, the Examination Council for Investigators announces the list of successful candidates and proposes that the Prosecutor General of the Supreme People's Procuracy appoint the successful candidates to the Investigator positions according to regulations.
(2) Appointment process under special circumstances:
The appointment of Investigators under special circumstances as prescribed in Article 50 of the Law on Organization of Criminal Investigation Agencies 2015 is as follows:
- For the appointment of Investigators at the Supreme People's Procuracy: The leadership team and the Executive Committee of the Communist Party of the Investigation Agency discuss and vote by secret ballot on the appointment of Investigators without a competitive examination. If over 50% of the votes are in favor, the leadership and the Executive Committee of the Communist Party of the Investigation Agency will submit a proposal to the Personnel Department for evaluation before presenting it to the Party Affairs Committee of the Supreme People's Procuracy and the Prosecutor General of the Supreme People's Procuracy for consideration and decision.
- For the appointment of Investigators in the Central Military Procuracy: The leadership team and the Executive Committee of the Communist Party of the Central Military Procuracy discuss and vote by secret ballot on the appointment of Investigators without a competitive examination. If over 50% of the votes are in favor, the leadership and the Executive Committee of the Communist Party of the Central Military Procuracy will submit a proposal to the Personnel Department for evaluation before presenting it to the Party Affairs Committee of the Supreme People's Procuracy and the Prosecutor General of the Supreme People's Procuracy for consideration and decision.
Clause 3, Article 15 of Circular 01/2024/TT-VKSTC provides the procedures for reappointment of Investigators as follows:
No later than 90 days before the expiration of the appointment term, the managing agency shall carry out the reappointment procedures as follows:
- The Investigator prepares a self-assessment on their performance, including ethical qualities, lifestyle, organizational discipline, internal unity; work capacity, and results of tasks performed; highlighting specific achievements, limitations, shortcomings, and violations (if any).
- Hold a conference with the officials of the department where the Investigator works (for Investigators without a position or holding the position of Department Head); or a conference with the officials of the Investigation Agency (for the Head and Deputy Head of the Investigation Agency).
- The leadership team and the Executive Committee of the Communist Party of the Investigation Agency of the Supreme People's Procuracy or the Central Military Procuracy discuss, consider, and vote by secret ballot on the reappointment. If over 50% of those summoned agree, the proposal is submitted to the Prosecutor General of the Supreme People's Procuracy (through the Personnel Department) for reappointment; if 50% or fewer agree, the reappointment is not proposed and a comprehensive report is made for the Prosecutor General of the Supreme People's Procuracy's consideration and decision.
When does Circular 01/2024/TT-VKSTC take effect?
Article 24 of Circular 01/2024/TT-VKSTC provides the effective date as follows:
Effective Date
1. This Circular takes effect from June 10, 2024.
2. Decision No. 323/QD-VKSTC dated July 9, 2018, of the Prosecutor General of the Supreme People's Procuracy, promulgating the regulations on the appointment, dismissal, and removal of Investigative Officers in the Procuracy sector, ceases to be effective from the effective date of this Circular.
3. Other procedures on personnel organization not mentioned in this Circular shall comply with legal provisions.
Circular 01/2024/TT-VKSTC will take effect from June 10, 2024.
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