Is it compulsory to form a plan for inspection of the regulations of the People's Public Security Forces in Vietnam?

Is it compulsory to form a plan for inspection of the regulations of the People's Public Security Forces in Vietnam? (Internet image)

Regarding this matter, LawNet would like to answer as follows: 

1. Is it compulsory to form a plan for inspection of the regulations of the People's Public Security Forces in Vietnam?

According to Article 11 of Circular 09/2021/TT-BCA, the plan for inspecting the regulations of the People's Public Security Forces must be as follows:

- Before conducting the inspection, the unit in charge of the the inspection task must form one of the following inspection plans:

+ Plan for inspecting the work of the regulations of the People's Public Security Forces periodically every quarter or carrying out major work within the entire force;

+ Regular inspection plan, ad hoc inspection, secret inspection, combined secret and public inspection;

+ Plan to organize surprise inspections upon receiving information provided on public media or by the people about officers and soldiers violating the regulations of the People's Public Security Forces to report to higher authorities.

The plan for inspection of the regulations of the People's Public Security Forces includes the following contents:

+ Purpose, requirements

+ Inspection content;

+ Inspection measures;

+ Time, place of inspection;

+ Unit responsible for conducting the inspection.

- In case of receiving instructions from higher authorities or receiving reports on units or officers and soldiers violating the regulations of the People's Public Security Forces, the officer assigned to inspect the regulations of the People's Public Security Forces must immediately report to the unit's leadership and organize the inspection (without having to develop an inspection plan).

Therefore, before conducting the inspection, the unit in charge of the inspection must form an inspection plan as regulated.

What are the procedures for inspection of the regulations of the People's Public Security Forces?

Based on Article 13 of Circular 09/2021/TT-BCA, the procedures for inspection of the regulations of the People's Public Security Forces are as follows:

(1) Inspection of the work of the regulations of the People's Public Security Forces.

- Notifying the inspection plan: The inspection team shall notify the unit or locality the content and plan of the inspection at least 03 (three) days before the inspection. The unit or locality being inspected must prepare a report on the work of the regulations of the People's Public Security Forces of their unit or locality; 

Conducting the inspection

The team leader shall directly notify the Public Security unit or locality being inspected of the purpose, requirements, content, and program of the inspection ;

The representative of the unit or locality reports the results of the work on orders, military affairs, and martial arts according to the notified content; the members of the inspection team ask further questions related to the inspection activities;

Inspection of the records and documents related to orders, military affairs, and martial arts, including: Directing documents, plans, and reports on the implementation of regulations and directives of the Ministry and higher-level specialized units on orders, military affairs, and martial arts; training plans, organization of military and martial arts exercises, and reports on the results of training, exercises, military and martial arts of the People's Public Security Forces; inspection plans and reports on the results of inspecting the compliance with orders, military affairs, and martial arts by units and officers, soldiers; results of handling violations of orders, military affairs, and martial arts of the People's Public Security Forces (if any); records and documents on orders, military affairs, and martial arts of the People's Public Security Forces;

Inspection of the theory and practice of orders, military affairs, and martial arts to evaluate the results of training in orders, military affairs, and martial arts of the unit or locality.

- Drafting minutes, reviewing the content, and signing the inspection minutes.

The inspection minutes are made in 02 copies according to Form 02 issued together with Circular 09/2021/TT-BCA; the inspection team keeps 01 copy, and the Public Security unit or locality being inspected keeps one copy. The minutes must clearly state the strengths, weaknesses in the work of orders, military affairs, and martial arts; recommendations to address existing issues; and lessons learned (if any).

(2) Inspection of the compliance with the regulations of the People's Public Security Forces

- The team leader must directly notify the Public Security unit or locality being inspected about the inspection's purpose, requirements, content, and program. Ad hoc inspections, secret inspections, and secret inspections combined with public inspections do not require notification of the purpose, requirements, content, and program of the inspection to the Public Security unit or locality being inspected.

- Conducting the inspection

Inspecting according to the content of the plan, the members of the inspection team ask further questions related to the work of the regulations of the People's Public Security Forces;

Checking the identification card of the People's Police or other documents to determine the identity of the person being inspected (if necessary); taking photos, recording, filming, and measuring alcohol concentration for violations of the regulations of the People's Public Security Forces;

Notifying officers and soldiers to be inspected about violations;

Making a violation report on the regulations of the People’s Public Security Forces for individuals according to Form No. 03 issued together with Circular 09/2021/TT-BCA. In cases where, after making the report, the violating officer or soldier does not sign it, the Team Leader will invite a witness to sign the confirmation of the incident; if there is no witness, then take photos, record audio, record video of the violation as a basis for handling;

The inspection team shall notify the inspection results to the unit being inspected.

- Making a report, verifying the content and sign the inspection report

The inspection report is made in 02 copies according to Form No. 02 issued together with Circular 09/2021/TT-BCA; clearly stating the strengths, weaknesses in complying with orders, military, martial arts; The inspection team shall keep one copy, and the Public Security unit, locality, or individual being inspected shall keep one copy (photo). The report must clearly state recommendations to address existing issues; Learning a lesson after the inspection (if any).

Nguyen Ngoc Que Anh.

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