10/10/2023 09:05

What are the forms of discipline for officers and soldiers who violate order in Vietnam?

What are the forms of discipline for officers and soldiers who violate order in Vietnam?

What is a violation of the order? What are the forms of discipline for officers and soldiers who violate order in Vietnam?_Hoai Nam (Hanoi)

Hello, Lawnet would like to answer as follows:

1. What is a violation of the order? Forms of handling violations of the order in Vietnam

What is a violation of the order?

- Violation of the order is an act committed by a unit, officer, or soldier violating one of the provisions of the People's Public Security Order or other regulations related to the People's Public Security Order.

- Officers and soldiers who violate the order are officers, non-commissioned officers, duty soldiers, police workers, and People's Public Security students who violate the order.

(According to Clause 1 and Clause 3, Article 2, Circular 02/2021/TT-BCA)

Forms of handling violations of the order

According to Clause 2, Article 7, Circular 02/2021/TT-BCA stipulates the form of handling violations of the order for officers and soldiers of the People's Public Security as follows:

- Criticize;

- Downgrading the year's emulation title;

- No consideration for awarding annual emulation titles;

- Classified as not completing the task;

- Reprimand;

- Warning;

- Demotion in rank and salary;

- Demotion and dismisal;

- Stripped of the title of People's Public Security.

2. What are the forms of discipline for officers and soldiers who violate order in Vietnam?

According to Article 9, Circular 02/2021/TT-BCA stipulates the following forms of handling for officers and soldiers who violate the order:

Criticizing

- Officers and soldiers will be punished by criticism for violating one of the following behavior groups:

+ Improperly implementing the regulations of the Minister of People's Public Security on address when communicating, greeting, and reporting; conduct when communicating inside and outside the People's Public Security force; conduct when communicating through media; When performing tasks, the posture and behavior are not serious; putting hands in pants or shirt pockets; Wear black glasses when dealing directly with others;

+ Improperly implementing the regulations of the Minister of People's Public Security on work discipline; Discipline in meetings, ceremonies, studies, and briefings; discipline in command, military, martial arts, and sports training;

+ Improperly implementing the regulations of the Minister of People's Public Security on the use of police uniforms;

+ Improperly implementing the regulations of the Minister of People's Public Security on internal affairs and hygiene of agency headquarters and barracks; internal affairs and hygiene of eating, sleeping, and resting places of officers and soldiers; internal affairs and hygiene of cultural activities, centers and facilities for training, command competitions, military, martial arts, physical education, and sports; internal affairs and hygiene of reception areas; fire and explosion prevention and control; natural disasters and environmental protection;

+ Improperly implementing regulations on thrifty practices and preventing waste in using electricity, water, telephone, internet, and stationery of the unit;

+ Dyeing the hair a different color than black and not following the regulations of the Minister of People's Public Security on hairstyles for officers and soldiers of the People's Public Security Forces; Keeping the nails long, painted, and decorated with stones and jewelry; Male officers and soldiers wear beards and mustaches on the chin, neck, and face.

Lowering one level of emulation title

- Officers and soldiers will be punished by lowering their emulation title by one level when they commit one of the following acts:

+ Not participating in saluting the national flag according to regulations; When on duty, the civilian does not record relevant information during the shift in the book, does not wear the duty band, is not signing for, handing over, or incompletely delivering or receiving the shift before or after your shift;

+ During working, meeting, or study hours, not wearing prescribed attire, being absent without reason, or bringing a means of communication into the meeting room when prohibited by regulations; improper implementation of the Minister of People's Public Security's regulations on the code of conduct of the People's Public Security Forces;

+ During working hours, wear police uniforms to eat and drink at restaurants; Smoking while on duty, in offices, meeting rooms, halls, and in places where regulations are prohibited; Set up an altar, place incense bowls, burn incense in the hall, meeting room, living room, office, living room, warehouse, collective cafeteria, and place documents and files within the unit's headquarters (except when holding a funeral);

+ Not fully grasping the regulations of the Minister of People's Public Security on responsibilities, tasks, and working relationships; working without a planned program; failing to develop weekly work plans and programs; Incomplete and timely reporting of task performance results; violating the vacation and vacation regime;

+ Improper implementation of regulations of the Minister of People's Public Security on document management; management of weapons, explosives, support tools, and professional means; management of evidence, vehicles, and objects in custody; manage the unit's assets and vehicles; confiscation of uniforms, police insignia, rank insignia, badges, badges, numbers, pine branches, and kepi hats; recovery of weapons, support tools, professional means, and other working papers;

+ Improperly implementing regulations on traffic order and safety, illegally intervening in the handling of violations, extending the time limit, or delaying the handling of violations of the order.

Not consider awarding emulation titles

- Officers and soldiers will be handled in the form of not being considered for awarding the annual emulation title when violating one of the acts in the following groups of acts:

+ Not handling violations of the order or applying forms of handling violations that do not comply with regulations, not notifying violating units, officers, and soldiers of violations; taking advantage of positions and powers to harass, demand money, and receive gifts from people who violate the order; Failure to comply or obstruction of inspection of orders;

+ Drinking wine, beer, and alcoholic substances before, during work hours, the lunch break of the work day, on duty day, and on duty time; violating the regime of being on command, being on duty, and being on duty;

+ Improperly implementing the regulations of the Minister of People's Public Security on issuing directives and orders and implementing directives and orders;

+ Violating regulations on civilized lifestyles and cultured families; rules and regulations of the local government in the place of work or residence.

The grading of not completing the task

- Officers and soldiers will be punished by being classified as not completing their duties during the year when they violate one of the following behavior groups:

+ When detecting an incident related to the unit's functions and tasks that needs to be resolved but does not resolve it or does not report to competent leaders;

+ Causes internal disunity, affecting the implementation of political tasks and the reputation of the People's Public Security force.

Reprimand

- Officers and soldiers will be punished by reprimand when violating one of the following behavior groups:

+ When transferring to another unit or force in the People's Police, intentionally not returning weapons, support tools, explosives, professional vehicles, documents, and related papers (issued by the Police force) to the old unit;

+ Losing documents issued by the police force (investigator card, patrol control card, command inspection paper) but not reporting them promptly so that others can take advantage of them to commit illegal acts.

Warning 

- Officers and soldiers will be handled with a warning when violating one of the following behavior groups:

+ Illegally buying, selling, or storing police uniforms;

+ Improperly implementing the regulations of the Minister of People's Public Security on discipline when seconding and socializing work;

+ When encountering an emergency, sudden, or unexpected situation that threatens or violates security and order but does not participate in solving it or find a way to prevent the consequences from occurring, not immediately notifying the police unit or the nearest local authority for resolution.

Forms of demotion in rank/salary, dismissal, demotion, and stripping of the title of People's Police

- In addition to the above cases of handling violations, officers and soldiers violate one of the acts related to protecting state secrets; Carry out assigned duties, work procedures, and working regulations; regime of information, reporting, issuing directives and orders, and implementing directives and orders; inspection and testing; traffic order and safety; Illegally producing or counterfeiting uniforms, badges, and police numbers; Use People's Public Security certificates, People's Police identification cards, People's Police numbers and other issued documents to serve work; Using illegal drugs, gambling, superstitious activities, and using wine, beer, and alcoholic substances; cultural behavior; management and use of documents, weapons, explosives, support tools, evidence, professional means, and assets to the extent that disciplinary action must be taken from reprimand to stripping of the title of Public Security Officer, complying with the regulations of the Minister of People's Public Security on disciplinary handling of People's Public Security officers and soldiers.

Thus, the disciplinary measures for officers and soldiers who violate the order include: criticizing, downgrading the annual emulation title, not considering awarding the annual emulation title, classifying for failure to complete the task, reprimanding, warning, demotion in rank/salary, dismissal, demotion, and stripping of the People's Public Security title. Specific handling depends on the level, nature, and consequences of the violation.

Hua Le Huy
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