What are the cases of People's Public Security officers and soldiers being handled for violating an order in Vietnam?

What are the cases of People's Public Security officers and soldiers being handled for violating an order in Vietnam?
Nguyễn Như Mai

What are the cases of People's Public Security officers and soldiers being handled for violating an order in Vietnam? What are the forms of handling violations of the order? - Minh Dang (Khanh Hoa)

Cán bộ, chiến sĩ CAND bị xử lý vi phạm điều lệnh trong trường hợp nào?

What are the cases of People's Public Security officers and soldiers being handled for violating an order in Vietnam? (Internet image)

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

1. Forms of handling police officers and soldiers who violate orders in Vietnam

Act of violation of an order is an act committed by a unit, cadre, or soldier that violates one of the provisions of the People's Public Security Order or other regulations related to the People's Public Security Order.

According to Clause 2, Article 7 of Circular 02/2021/TT-BCA, the forms of handling officers and soldiers of the People's Police who violate the orders in Vietnam include:

- Criticizing;

- Downgrading the year's emulation title;

- Not considering awarding the year's emulation title;

- Rating for not completing the task;

- Reprimand;

- Warning;

- Demotion of rank and salary level;

- Dismissal or demotion;

- Deprivation of the title of People's Police.

2. What are the cases of People's Public Security officers and soldiers being handled for violating an order in Vietnam?

Article 9 of Circular 02/2021/TT-BCA stipulates the application of sanctions to officers and soldiers who violate the regulations as follows:

2.1. Criticizing

Officers and soldiers shall be dealt with in the form of criticism when committing one of the following acts:

- Failure to comply with regulations of the Minister of Public Security on addressing when communicating, greeting, and greeting reports; behavior when communicating inside and outside the People's Public Security Force; behavior when communicating through the media; when on duty, posture and behavior are not serious, put hands in pants or shirt pockets; wearing black glasses when dealing directly with others;

- Failure to comply with regulations of the Minister of Public Security on work discipline; discipline when meeting, ceremony, study, briefing; discipline when training command, military, martial arts, sports;

- Failure to comply with the regulations of the Minister of Public Security on the use of uniforms of the People's Police;

- Improperly complying with the regulations of the Minister of Public Security on internal affairs and cleaning of offices and barracks; internal affairs, sanitation of places to eat, sleep, and rest of officers and soldiers; internal affairs, sanitation of places of cultural activities, centers and establishments for training and competition, military, martial arts, physical training, and sports; internal affairs, cleaning of the reception area; fire and explosion prevention and fighting, natural disasters, and environmental protection;

- Failure to comply with regulations on thrift practice and waste prevention in the use of electricity, water, telephone, internet, and stationery by the unit;

- Dyeing hair other than black and not complying with the regulations of the Minister of Public Security on hair samples of officers and soldiers of the People's Public Security; long nails, color paint, stones, jewelry; male cadres and soldiers wear beards and mustaches on their chins, necks, and faces.

2.2. Lower one rank of the year's emulation title

- Cadres and soldiers shall be handled in the form of lowering one level of their emulation title when they commit one of the following acts:

- Failing to participate in salute to the national flag as prescribed; when on duty, the people directly do not record relevant contents of the shift in the logbook, do not wear the band on duty, do not sign to receive, hand over, or deliver, or receive incompletely with the shift before or after the shift;

- During working hours, meetings, studying without wearing the prescribed attire, being absent without reason, bringing communication devices into the meeting room when prohibited by regulations; improperly complying with the regulations of the Minister of Public Security on the code of conduct of the People's Public Security;

- During working hours, wearing the uniform of the People's Police to eat and drink at restaurants; smoking while on duty, in working rooms, meeting rooms, halls, and in places where regulations are prohibited; setting up altars, storing incense bowls, burning incense in halls, meeting rooms, living rooms, working rooms, living rooms, warehouses, collective canteens, and places to store documents within the scope of the headquarters (unless a funeral is held);

- Failing to grasp the regulations of the Minister of Public Security on responsibilities, tasks, and working relationships; working without a plan or program; failing to develop weekly work programs and plans; incomplete and timely reporting on task performance results; violation of the convalescence and leave regime;

- Failure to comply with regulations of the Minister of Public Security on document management; management of weapons, explosives, supporting tools, and professional means; management of seized material evidence, means, and objects; management of assets and means of the unit; recovery of uniforms, police badges, insignia, badges, numbers, branches, and caps; recovery of weapons, supporting tools, and professional means; and other working papers;

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

2.3. Not considering awarding the title of emulation of the year

Cadres and soldiers shall be handled by not considering awarding the emulation title of the year when they commit one of the following acts:

- Failing to handle violations of regulations or applying other forms of handling violations against regulations, failing to notify violating units, officers, and soldiers of handling violations, abusing positions and powers to harass, demand money, or receive gifts from people who violate the regulations, failing to comply with or obstructing the inspection of orders;

- Drinking wine, beer, and alcoholic substances before, during, and after working hours, the lunch break of working days, on-duty days, and on-duty hours; violating the regime of standing command, on-duty, and combat;

- Improperly complying with the regulations of the Minister of Public Security on issuing directives and orders and executing those directives and orders;

- Violations against regulations on civilized lifestyles and cultural families; rules and regulations of the local government where you work or live.

2.4. Rating not completing the task

Cadres and soldiers shall be handled according to their levels for not completing their tasks during the year when they commit one of the following acts:

- When detecting a case related to the functions and tasks of the unit that needs to be resolved but has not been resolved or reported to the competent authority;

- Causing internal disunity and affecting the performance of political tasks and the reputation of the People's Public Security force.

2.5. Reprimand

Officers and soldiers shall be handled in the form of reprimand when committing one of the following acts:

- When transferring to another unit or force in the People's Police, deliberately failing to return weapons, combat gear, explosives, professional means, documents, and related papers (issued by the police force) to the former unit;

- Losing papers issued by the police force (investigator cards, patrol and control cards, order inspection papers) but failing to promptly report them for others to take advantage of to commit illegal acts.

2.6. Warning

Officers and soldiers shall be handled with a form of warning when committing one of the following acts:

- Having acts of illegally buying, selling, or storing uniforms of the People's Police;

- Improperly complying with the regulations of the Minister of Public Security on discipline during the secondment and socialization work;

- When encountering urgent, unexpected, or unexpected situations that threaten or infringe on security and order,
but did not participate in the settlement, did not seek to prevent the consequences from occurring, and did not immediately notify the nearest police unit or local government for settlement.

2.7. Demotion of rank and salary level; dismissal or demotion; Stripping the title of People's Public Security

In addition to the above-mentioned violations, officers and soldiers commit one of the following acts related to:

- Protection of state secrets;

- Performing assigned duties, responsibilities, working procedures, and working regulations;

- Mode of informing, giving instructions, issuing orders, and executing instructions and orders;

- Inspection, testing; traffic order and safety;

- Illegally producing, forging costumes, issuing badges and numbers of the People's Police; using the People's Public Security Certificate, the People's Police identity card, the People's Public Security number, and other issued papers to serve their work;

- Using illegal drugs, gambling, superstition, and superstitious activities; using alcohol, beer, and alcohol; cultural behavior;

- Managing and using documents, weapons, explosives, supporting tools, evidence, professional means, and property.

If it's to the point of disciplinary action, then it will be handled in the form of a reprimand or deprivation of the title of People's Public Security, complying with the regulations of the Minister of Public Security on disciplining officers and soldiers of the People's Public Security.

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