Procedure for handling violations of People's Police orders in Vietnam

Procedure for handling violations of People's Police orders in Vietnam (Internet image)

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

1. Procedure for handling violations of People's Police orders in Vietnam

Specifically, Clause 1, Article 11 of Circular 02/2021/TT-BCA stipulates the order for handling violations of the People's Police order as follows:

(1) For units violating the order:

The superior management unit directly requests that the violating unit review, report on the violation, and self-identify the form of handling; organize verification, verification, and conclusion of violations. If the violation is clear, verification is not required;

Based on the content of the violation, a meeting will be held to consider its appropriateness:

+ If handling is in the form of criticism, hold a meeting with the unit or key officials (composition decided by the head of the immediate superior unit), then issue a written notice;

+ If the handling is in the form of downgrading the emulation title during the year or not considering awarding the emulation title during the year, then hold a meeting of the Emulation Council and reward the immediate superior (If a meeting is not held, please consult in writing);

After handling, report in writing to the immediate superior command agency or the unit that issued the notification.

(2) For officers and soldiers who violate orders:

Leaders and commanders directly manage and require officers and soldiers who commit violations to write self-criticisms about their violations and self-identify the form of handling violations; Organize inspection, verification, and conclusions on violations of officers and soldiers; If the violation is clear, there is no need to verify.

Based on the content of the self-criticism of officers and soldiers and the results of verification, depending on the nature and severity of the violation, it is deemed necessary to temporarily suspend the work of the officer or soldier in violation.
then make a decision or report to the competent authority to make a decision;

Based on the content of the violation, a meeting will be held to consider its appropriateness:

+ If handling is in the form of criticism, hold a meeting with the unit or key officials (composition decided by the head of the unit), then issue a written notice;

+ If handling is in the form of downgrading the annual emulation title or not considering awarding the annual emulation title, a meeting of the Emulation and Commendation Council at the same level will be held (if a meeting cannot be held, please ask for opinions in writing). ;

+ If the handling is in the form of classification for failure to complete the task, it shall comply with the regulations of the Minister of Public Security on comments, evaluation, and classification of officers in the People's Public Security;

+ If the violation is serious enough to require disciplinary action, from reprimand to stripping of the People's Public Security title, it shall comply with the regulations of the Minister of Public Security on disciplining officers and soldiers in the People's Public Security;

After handling, report in writing to the immediate superior command agency or the unit that issued the notification. In cases where officers and soldiers show signs of violating the law, they must report to competent authorities and transfer documents to competent authorities for review and handling according to the provisions of law.

2. Authority to handle violations of People's Police orders in Vietnam

Pursuant to Clause 2, Article 11 of Circular 02/2021/TT-BCA, the authority to handle violations of the People's Police order as follows:

- Cases where there are grounds, the case will be handled in the form of criticism and shall be decided by the head of the unit (for officers and soldiers who violate orders) or the head of the immediate superior unit (for units that violate orders);

- In case there is a basis for downgrading the annual emulation title or not considering awarding the annual emulation title, it will be decided by the Emulation and Commendation Council at the same level or the Emulation and Commendation Council directly decides;

- In case there is a basis for handling in the form of classification for failure to complete tasks, it shall comply with the regulations of the Minister of Public Security on comments, evaluation, and classification of officers in the People's Public Security;

- In case there are grounds for handling in the form of Reprimand or higher, it shall comply with the regulations of the Minister of Public Security on disciplining officers and soldiers of the People's Public Security.

3. Documents for handling violations of People's Police orders in Vietnam

Documents for handling violations of the People's Police order include:

- Minutes of inspection of orders or minutes of violation of orders; verification records; other evidence documents (if any);

- Review report of the unit violating the order; self-criticism and reports of officers and soldiers who violate orders;

- Minutes of meetings to review and recommend handling of violations; Vote-counting minutes (if any);

- Decide on handling and notify the results of handling violations.

Note: Documents on handling violations of the order are kept by the advisory agency that proposes handling violations. The storage of records is carried out in accordance with the regulations of the Minister of Public Security on administrative clerical work and archives of state management documents in the People's Public Security.

(Clauses 3 and 4, Article 11 of Circular 02/2021/TT-BCA)

Ho Quoc Tuan

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