Circular No. 02/2021/TT-BCA on handling violations of regulations for People's Police forces

CIRCULAR

Regulations on Handling Violations of the Police Force's Rules and Regulations

Pursuant to the Law on People's Police dated November 20, 2018;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

 At the proposal of the Director of the Political and Ideological Work Department;

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the handling of violations of the Police Force's Rules and Regulations (hereinafter referred to collectively as "violations"), including: principles, grounds, time, forms, procedures, authority, files for handling units, officers, and soldiers who violate the rules; cases not subject to consideration or handling of violations; aggravating circumstances, mitigating circumstances, and joint liability in handling violations.

Article 2. Interpretation of Terms

In this Circular, certain terms are understood as follows:

1. A violation of the rules is an act committed by a unit, officer, or soldier that breaches one of the provisions of the Police Force's Rules and Regulations or other regulations related to the Police Force's Rules and Regulations.

2. A unit violating the rules is a unit at the Bureau level, provincial police, and centrally-administered city level and equivalent; a unit at the department level, district police, and equivalent; a unit at the team level, commune police, ward police, town police, and equivalent violating the rules.

3. An officer or soldier violating the rules is an officer, non-commissioned officer, conscripted soldier, police worker, student, or trainee of the Police Force who violates the rules.

4. Repeated violations are when a unit, officer, or soldier violates the rules two or more times in a year.

5. Multiple violations are when a unit, officer, or soldier commits two or more violations in a single inspection.

6. Handling violations is a decision made by the authorized person regarding the violation of the rules as specified in this Circular.

7. Force majeure is when a unit, officer, or soldier violates the rules due to an unforeseeable and unavoidable objective situation despite having applied necessary measures.

Article 3. Principles of Handling

1. All acts of violating the rules by units, officers, and soldiers must be handled according to the provisions of this Circular and other relevant regulations concerning the Police Force's Rules and Regulations.

2. Based on the content, nature, degree, consequences, causes of the violation, and the attitude of the unit, officer, or soldier towards accepting the violation, a suitable form of handling should be decided to ensure educational and preventive purposes.

3. Timely, objective, transparent, democratic handling must be ensured, dealing with the right person, the right act of violation, and adhering to the regulations of the Ministry of Public Security.

4. Each act of violation shall only be handled once. In cases of repeated violations of the same act, the handling shall be one level higher than the corresponding form of handling for that act. If multiple violations occur simultaneously, the following applies: if the acts have different forms of handling, apply the highest form of handling one level higher than the highest form; if the acts have the same form of handling, apply the form one level higher than the corresponding form for one of those acts. In cases where multiple officers or soldiers violate the rules in the same incident, each officer or soldier shall be handled according to their own act of violation based on the nature and degree of their violation.

Article 4. Cases Not Subject to Consideration or Handling of Violations

1. Cases Not Subject to Consideration or Handling

a) Currently undergoing inpatient treatment at a hospital, with confirmation from a hospital at the district level or higher;

b) Currently under suspension of duties;

c) Female officers or soldiers currently on maternity leave.

2. Cases Not Subject to Handling

a) Confirmed by the competent authority to be in a state of incapacity for actions when violating the rules; confirmed by the competent authority to have violated the rules due to force majeure;

b) Must comply with orders or commands from superiors or commanders, which were previously requested to be changed but were not accepted.

Article 5. Basis for Handling

1. Inspection report on regulations signed by the authorized person; written notification about violation of regulations issued by functional units.

2. Reports from persons who know about the matter, witnesses, complaints and denunciations; information reflected in mass media; related images, objects, sounds concerning violations of regulations that have been appraised or verified to be correct.

Article 6. Time for Handling

1. Within fifteen working days from the date of receiving the notification of inspection results on regulations, the head of the unit with collective, officers, and soldiers violating the regulations must organize a review, decide on the form of handling or propose the form of handling according to the provisions of this Circular.

2. The results of handling violations of regulations must be reported in writing to the superior regulation authority and the unit issuing the notification, while simultaneously notifying the unit and the person who discovered the violation no later than twenty working days from the date of receiving all violation files and documents. In cases where there are many circumstances that need to be clarified during handling, the time for reviewing and handling and reporting the results of handling may be extended but not more than thirty working days.

Chapter II

SPECIFIC PROVISIONS ON HANDLING VIOLATIONS OF REGULATIONS

Article 7. Forms of Handling

1. For units violating regulations:

a) Criticism;

b) Lowering the annual commendation level;

c) Not considering for awarding the annual commendation.

2. For officers and soldiers violating regulations:

a) Criticism;

b) Lowering the annual commendation level;

c) Not considering for awarding the annual commendation;

d) Ranking as not fulfilling tasks;

đ) Reprimand;

e) Warning;

g) Demotion in rank, reduction in pay grade;

h) Removal from office, demotion;

i) Revocation of People's Police title.

Article 8. Application of Forms of Handling for Units Violating Regulations

1. A unit shall be handled by criticism when it violates one of the following behaviors:

a) Implementing improperly the regulations of the Minister of Public Security regarding briefing, meeting, conference, ceremony, study, training, competition; rest arrangements for officers and soldiers and decoration of the conference hall, meeting room of the unit;

b) Arranging command duty, duty, combat readiness duty improperly according to the regulations of the Minister of Public Security;

c) Implementing improperly the regulations of the Minister of Public Security regarding internal affairs, hygiene of the office premises, camp; internal affairs, hygiene of the eating, sleeping, resting places of officers and soldiers; internal affairs, hygiene of cultural activity venues, centers, training grounds, competition venues for regulations, military skills, martial arts, physical education, sports; internal affairs, hygiene of reception areas; fire prevention, disaster prevention work and environmental protection;

d) The total number of officers and soldiers violating regulations in the year accounts for a ratio of 5% to less than 10% of the unit's establishment.

2. A unit shall be handled by lowering its annual commendation level when it violates one of the following behaviors:

a) Implementing improperly the assigned responsibilities and tasks;

b) Not organizing briefings; not arranging command duty, duty, combat readiness duty; not developing weekly, monthly work programs; not organizing regular flag-raising ceremonies;

c) Implementing improperly the regulations of the Minister of Public Security regarding document management; weapons, explosives, support tools, professional equipment management; evidence, equipment, and temporarily detained items management; unit property, equipment management; recovery of police uniforms, badges, insignia, emblems, serial numbers, pine branches, caps; recovery of weapons, support tools, professional equipment, other work permits;

d) The office premises of the unit do not hang the national flag as prescribed by law; no guard or security duty is organized; no internal security rules are established; no fire prevention, disaster prevention plans are developed. Enterprises and public institutions within the People's Police do not ensure safe labor, industrial hygiene, and environmental protection as prescribed by law;

đ) During working hours, duty hours, and at the unit, five percent or more of officers and soldiers do not wear People's Police uniforms or wear uniforms improperly according to the regulations of the Minister of Public Security (except when otherwise specified by the Ministry); setting up altars, placing incense cups, lighting incense in conference halls, meeting rooms, reception rooms, offices, dormitories, storage rooms, dining halls, file storage areas within the unit's premises (except during funeral services);

e) The total number of officers and soldiers violating regulations in the year accounts for a ratio of 10% to less than 20% of the unit's establishment.

3. A unit shall be handled by not considering for awarding the annual commendation when it violates one of the following behaviors:

a) Not developing quarterly, six-monthly, and annual work programs; not organizing mid-term and final reviews of major, long-term, six-monthly, and annual work topics;

b) Not disseminating or implementing directives, orders, decisions, procedures, regulations, and provisions of superiors; shielding, handling improperly or not handling violations of regulations;

c) Not developing and implementing plans for regulations, military, and martial arts work; not thoroughly and promptly implementing higher-level guidance documents on regulations, military, and martial arts work;

d) Using office premises and units for rental or borrowing contrary to the regulations of the Ministry of Public Security;

đ) The total number of officers and soldiers violating regulations in the year accounts for twenty percent or more of the unit's establishment.

Article 9. Application of disciplinary measures for officers and soldiers who violate regulations

1. Officers and soldiers shall be subject to criticism when they violate any of the behaviors listed in the following groups:

a) Not complying with the provisions of the Minister of Public Security regarding greetings during communication, saluting, reporting; behavior during communication both within and outside the People's Public Security force; behavior during communication through information means; posture and demeanor not being serious while on duty, putting hands in pockets; wearing black sunglasses when directly handling work with others;

b) Not complying with the provisions of the Minister of Public Security regarding discipline in work; discipline during meetings, ceremonies, study sessions, briefings; discipline during training on regulations, military affairs, martial arts, sports;

c) Not complying with the provisions of the Minister of Public Security regarding the use of public security uniforms;

d) Not complying with the provisions of the Minister of Public Security regarding internal affairs, hygiene of office premises, barracks; internal affairs, hygiene of sleeping, resting places for officers and soldiers; internal affairs, hygiene of cultural activity venues, training centers, competition venues for regulations, military affairs, martial arts, physical education and sports; internal affairs, hygiene of reception areas; fire prevention, disaster response, and environmental protection work;

đ) Not complying with the provisions regarding thrift and anti-waste in the use of electricity, water, telephones, internet, office supplies of the unit;

e) Dyeing hair a color other than black and not complying with the provisions of the Minister of Public Security regarding the hairstyle model for officers and soldiers of the People's Public Security force; having long nails, nail polish, nail decorations, jewelry; male officers and soldiers having beards or mustaches on their chin, neck, or face.

2. Officers and soldiers shall be subject to demotion in annual commendation grade when they violate any of the behaviors listed in the following groups:

a) Not participating in the national flag-raising ceremony as prescribed; during duty shifts, direct contact with the public, failing to record relevant contents in the duty logbook, not wearing duty armbands, not signing off or handing over or receiving duties fully from previous or subsequent duty shifts;

b) During working hours, meetings, study sessions, not wearing prescribed uniforms, absent without reason, bringing communication devices into meeting rooms where such entry is prohibited; not complying with the provisions of the Minister of Public Security regarding the conduct rules of the People's Public Security force;

c) During working hours, wearing public security uniforms eating or drinking at food stalls; smoking while on duty, in offices, meeting rooms, auditoriums, and places where smoking is prohibited; setting up altars, placing incense burners, burning incense in meeting rooms, conference rooms, reception rooms, offices, dormitories, collective dining halls, storage areas for documents and materials within the unit's premises (except during funeral arrangements);

d) Not thoroughly understanding the provisions of the Minister of Public Security regarding responsibilities, tasks, and work relationships; working without a program or plan; not developing weekly work programs or plans; not timely and fully reporting results of tasks performed; violating rest and leave regulations;

đ) Not complying with the provisions of the Minister of Public Security regarding document management; management of weapons, explosives, support tools, operational equipment; management of evidence, equipment, and temporarily detained items; management of unit assets and equipment; recovery of uniforms, public security insignia, rank insignia, shoulder badges, serial numbers, spruce branches, kepi hats; recovery of weapons, support tools, operational equipment, and other work-related documents;

e) Not complying with traffic safety regulations, improperly interfering with the handling of violations, delaying or postponing the handling of violation of regulations;

3. Officers and soldiers shall be subject to non-consideration for annual commendation when they violate any of the behaviors listed in the following groups:

a) Not handling violations of regulations or applying disciplinary measures incorrectly, not informing the unit or violators about the handling of violations; taking advantage of position and authority to harass, demand money, or accept gifts from violators; not complying with or obstructing inspection of regulations;

b) Drinking alcohol or beer before, during working hours, lunch breaks on working days, duty days, or duty shifts; violating command duty, duty shift, or combat readiness duty regulations;

c) Not complying with the provisions of the Minister of Public Security regarding issuing orders and implementing orders;

d) Violating civilized living habits, family culture norms; local government rules and regulations where they work or reside;

4. Officers and soldiers shall be subject to classification as not completing tasks for the year when they violate any of the behaviors listed in the following groups:

a) When discovering incidents related to the functions and tasks of the unit that need to be resolved but fail to resolve them or report them to competent leadership;

b) Causing internal discord, affecting the execution of political tasks and the reputation of the People's Public Security force;

5. Officers and soldiers shall be subject to reprimand when they violate any of the behaviors listed in the following groups:

a) When transferring to another unit or force within the People's Public Security force, intentionally failing to return weapons, support tools, explosives, operational equipment, documents, and related papers (issued by the People's Public Security force) to the previous unit;

b) Losing papers issued by the People's Public Security force (investigation officer cards, patrol control cards, regulation inspection cards) but not promptly reporting it to prevent others from exploiting it to commit illegal acts;

6. Officers and soldiers shall be subject to warning when they violate any of the behaviors listed in the following groups:

a) Engaging in buying, selling, or illegally storing public security uniforms;

b) Not complying with the provisions of the Minister of Public Security regarding discipline during temporary assignment or socialization;

c) In emergency situations, sudden or unexpected events posing threats to security and order, failing to participate in resolution, failing to take measures to prevent consequences, or failing to immediately report to the nearest public security unit or local government for resolution.

7. In addition to the cases of handling violations mentioned above, officers and soldiers who commit any of the following acts related to protecting state secrets; performing their assigned duties, work procedures, work regulations; information dissemination, issuing directives and orders, and implementing such directives and orders; inspection and supervision; traffic safety; illegal production, counterfeiting police uniforms, insignias, and serial numbers; using certificates, identification cards, and other documents issued for police work; illegal drug use, gambling, superstitious activities, alcohol and spirits consumption; conduct and behavior; management and use of documents, weapons, explosives, auxiliary tools, evidence, technical means, and assets to the extent that disciplinary action from reprimand to revocation of the title of People's Police Officer is required, shall be handled according to the regulations of the Minister of Public Security on disciplining officers and soldiers of the People's Police.

Article 10. Aggravating circumstances and mitigating circumstances

1. Aggravating circumstances:

a) Engaging in actions or statements that obstruct, oppose, or refuse to comply with inspections requested by the Inspection Team.

b) Misusing authority to violate rules or cover up violations, failing to address violations, or improperly handling violations as prescribed.

c) Committing multiple violations within a year.

d) Not voluntarily acknowledging shortcomings, evading or concealing violations; making false reports, hindering others from providing evidence of violations, obstructing the investigation and handling of violations, or threatening and retaliating against whistleblowers.

2. Mitigating circumstances:

a) Proactively reporting one’s own violations to the organization, voluntarily acknowledging shortcomings, being sincere, and clearly recognizing mistakes.

b) Taking actions to prevent or reduce the consequences of violations; promptly correcting and rectifying.

c) Violations due to external factors.

d) Actively participating in organizational and mass movement activities of the unit, achieving commendable results.

3. Aggravating and mitigating circumstances serve as grounds for proposing increased or reduced penalties. If aggravating circumstances outweigh mitigating circumstances, a higher level of penalty shall be applied compared to the original penalty for the violation; if mitigating circumstances outweigh aggravating circumstances, a lower level of penalty shall be applied compared to the original penalty for the violation.

Article 11. Procedure, Authority, and Documentation for Handling Violations of Regulations

1. Procedure for Handling

a) For units violating regulations: The immediate superior administrative unit requires the violating unit to self-examine, report on the violation, and accept the form of punishment; organize verification, investigation, and conclusion regarding the violation, and if the violation is clear, there is no need for further investigation; based on the content of the violation, convene a meeting to appropriately assess: If the punishment is criticism, convene a unit meeting or key cadres (the composition decided by the immediate superior unit leader), then issue a written notice; if the punishment is demotion in the annual commendation or non-consideration for commendation in the annual period, convene a commendation and reward council meeting at the immediate superior level (if not convening a meeting, seek written opinions); After handling, submit a written report to the immediate superior regulation department or issue a notice.

b) For officers and soldiers violating regulations: Immediate leaders and commanders require violators to write a self-examination report on the violation and accept the form of punishment; organize verification, investigation, and conclusion regarding the violation of the officer or soldier; if the violation is clear, there is no need for further investigation. Based on the content of the self-examination of the officer or soldier and the investigation results, if it is deemed necessary to temporarily suspend the work of the violator, issue a decision or report to the competent authority to issue a decision; based on the content of the violation, convene a meeting to appropriately assess: If the punishment is criticism, convene a unit meeting or key cadres (the composition decided by the unit leader), then issue a written notice; if the punishment is demotion in the annual commendation or non-consideration for commendation in the annual period, convene a commendation and reward council meeting at the same level (if not convening a meeting, seek written opinions); if the punishment is non-completion of tasks, implement according to the regulations of the Minister of Public Security on assessing and ranking officers in the People's Police; if the violation reaches the level requiring disciplinary action from reprimand to revocation of the title of People's Police Officer, implement according to the regulations of the Minister of Public Security on disciplining officers and soldiers in the People's Police; After handling, submit a written report to the immediate superior regulation department or issue a notice. In cases where officers and soldiers show signs of violating laws, report to the competent authority to transfer materials to the competent agency for examination and handling according to the law.

2. Authority for Handling

a) In cases where criticism is warranted, it is decided by the unit leader (for officers and soldiers violating regulations) or the immediate superior unit leader (for units violating regulations).

b) In cases where demotion in annual commendation or non-consideration for commendation in the annual period is warranted, it is decided by the commendation and reward council at the same level or the immediate superior commendation and reward council.

c) In cases where non-completion of tasks is warranted, it is implemented according to the regulations of the Minister of Public Security on assessing and ranking officers in the People's Police.

d) In cases where disciplinary action from reprimand upwards is warranted, it is implemented according to the regulations of the Minister of Public Security on disciplining officers and soldiers in the People's Police.

3. Documentation for Handling Includes:

a) Inspection record of regulations or violation record of regulations; investigation records and other evidentiary materials (if any).

b) Self-examination report of the unit violating regulations; self-examination report and statement of the officer or soldier violating regulations.

c) Minutes of meetings to examine and propose handling of violations; minutes of ballot counting (if any);

d) Decision on handling, notification of results of violation handling.

4. The files and documents for handling violations of regulations shall be stored by the advisory body proposing the handling of violations. The storage of files shall be carried out in accordance with the provisions of the Minister of Public Security regarding administrative documentation work and the archiving of state management documents in the People's Public Security.

Article 12. Joint Liability for Responsibility

1. For units violating regulations:

a) In cases where a unit is punished by demoting its commendation level, the head of the unit and the directly responsible leaders and commanders shall be punished by criticism; in cases where a unit repeatedly violates regulations, the head of the unit and the directly responsible leaders and commanders shall be punished by demoting their commendation level for the year.

b) In cases where a unit is punished by not considering it for the commendation level for the year, the head of the unit and the directly responsible leaders and commanders shall be punished by demoting their commendation level for the year; in cases where a unit repeatedly violates regulations, the head of the unit and the directly responsible leaders and commanders shall be punished by not considering them for the commendation level for the year.

2. For officers and soldiers violating regulations:

a) In cases where an officer or soldier is punished by demoting their commendation level for the year, the head of the unit and the directly responsible leaders and commanders shall be punished by criticism;

b) In cases where an officer or soldier is punished by not considering them for the commendation level for the year up to being classified as failing to fulfill tasks, the head of the unit and the directly responsible leaders and commanders shall be punished by demoting their commendation level for the year;

c) In cases where an officer or soldier is punished by disciplinary measures ranging from Reprimand to Stripping of the title of People's Public Security Officer, the head of the unit and the directly responsible leaders and commanders shall be punished by not considering them for the commendation level for the year. In cases where the directly responsible leaders and commanders are related to the misconduct of officers or soldiers who are subject to disciplinary measures, they shall be handled according to the regulations of the Ministry of Public Security on disciplining officers and soldiers in the People's Public Security.

3. The head of the unit and the directly responsible leaders and commanders shall bear joint liability if they allow units, officers, or soldiers to violate regulations or exceed the time limit for handling violations of regulations. In cases where officers or soldiers repeatedly violate regulations and before that, the head of the unit and the directly responsible leaders and commanders have reminded and corrected them in writing or during unit meetings or briefings (the reminders and corrections are recorded in the meeting or briefing minutes of the unit), and at the same time report in writing to the immediate superior leadership, the head of the unit and the directly responsible leaders and commanders shall not bear joint liability.

Chapter III

IMPLEMENTING PROVISIONS

Article 13. Effective Date

This Circular takes effect from February 25, 2021, replacing Circular No. 10/2010/TT-BCA dated February 25, 2010, issued by the Minister of Public Security on handling violations of the Regulations of the People's Public Security.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. Heads of units under the Ministry; Directors of Provincial Police Departments, Municipal Police Departments under the Central Government; Directors of academies, Principals of People's Public Security Schools are responsible for organizing the implementation of this Circular.

2. The Party Work and Political Work Department shall take the lead and coordinate with relevant police units to urge, monitor, inspect, and guide the implementation of this Circular.

3. During the process of organizing the implementation, if there are difficulties, local police units shall promptly report to the Ministry (through the Party Work and Political Work Department) for guidance./.