Circular No. 06/2005/TT-BTP guiding the selection, appointment, removal from office, and dismissal of enforcement officers

CIRCULAR

Guidelines for the selection, appointment, removal from office, and dismissal of enforcement officers

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Pursuant to Decree No. 62/2005/NĐ-CP dated June 6, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 50/2005/NĐ-CP dated April 11, 2005 of the Government on the management agency for civil enforcement, civil enforcement agencies, and civil enforcement officials and civil servants;

After reaching consensus with the Ministry of National Defense (Letter No. 2673/BQP dated June 1, 2005 of the Ministry of National Defense) and the Ministry of Home Affairs (Letter No. 1478/BNV-CCVC dated June 16, 2005 of the Ministry of Home Affairs), the Ministry of Justice hereby provides guidance on implementing the selection, appointment, and dismissal of the position of Enforcement Officer as follows:

I. GENERAL GUIDELINES

1. The preparation of personnel and files for individuals proposed for selection and appointment as Enforcement Officers, and the preparation of files for the proposal of their removal from office or dismissal must strictly adhere to leadership principles and the Party's regulations on cadre work.

2. The selection, appointment, removal from office, and dismissal of the position of Enforcement Officer shall be carried out in accordance with Article 13 of the Civil Enforcement Law, Decree No. 50/2005/NĐ-CP dated April 11, 2005 of the Government on the management agency for civil enforcement, civil enforcement agencies, and civil enforcement officials and civil servants (hereinafter referred to as Decree No. 50/2005/NĐ-CP) and other relevant legal documents.

3. Individuals selected and appointed as Enforcement Officers must not fall under the circumstances specified in Article 2 of Chapter I of Decision No. 75/QĐ-TW dated April 25, 2000 of the Politburo and must not have been convicted (including cases where the conviction has been expunged).

4. Individuals who are currently being investigated for criminal responsibility or are under disciplinary review but have not yet received final conclusions and decisions from competent authorities shall be considered as not meeting the conditions to be proposed for selection and appointment as Enforcement Officers.

II. CHANGES IN MEMBERS OF THE SELECTION BOARD FOR ENFORCEMENT OFFICERS

1. According to point a Clause 1 Article 22 of Decree No. 50/2005/NĐ-CP, the Chairman or Vice-Chairman of the People's Committee of provinces and centrally-administered cities (hereinafter collectively referred to as the provincial People's Committee) is the Chairman of the Selection Board for Enforcement Officers at local enforcement agencies, therefore, when there is a change or reassignment between the Chairman and Vice-Chairman of the provincial People's Committee regarding the performance of the duty of Chairman of the Selection Board for Enforcement Officers, the provincial People's Committee must submit a document requesting the Minister of Justice to decide on the person holding the position of Chairman of the Selection Board for Enforcement Officers at local enforcement agencies.

2. According to point a Clause 1 Article 23 of Decree No. 50/2005/NĐ-CP, a Deputy Minister of the Ministry of National Defense is the Chairman of the Selection Board for Enforcement Officers at military region enforcement agencies, therefore, when there is a change or reassignment among Deputies Ministers regarding the performance of the duty of Chairman of the Selection Board for Enforcement Officers, the Ministry of National Defense must submit a document requesting the Minister of Justice to decide on the person holding the position of Chairman of the Selection Board for Enforcement Officers at military region enforcement agencies.

3. For the remaining positions on the Selection Board for Enforcement Officers, when there is a change, the Chairman of the provincial People's Committee (for the Selection Board for Enforcement Officers at local enforcement agencies), the Ministry of National Defense (for the Selection Board for Enforcement Officers at military region enforcement agencies) must prepare a file requesting the Minister of Justice to decide on changes to members of the Selection Board for Enforcement Officers. The file sent to the Ministry of Justice includes the request document of the Chairman of the provincial People's Committee (for the Selection Board for Enforcement Officers at local enforcement agencies), the request document of the Deputy Minister of the Ministry of National Defense (for the Selection Board for Enforcement Officers at military region enforcement agencies) along with the document of the organization or entity whose representative is nominated to participate as a member of the Selection Board for Enforcement Officers and the brief resume of the person nominated for that position.

III. SELECTION AND APPOINTMENT PROCEDURE FOR ENFORCEMENT OFFICERS

1. The preparation of personnel for consideration by the Selection Board for Enforcement Officers is carried out through the following steps:

1.1. Step 1: Local enforcement agencies, military region enforcement agencies have the responsibility to report to the Director of Provincial Civil Enforcement Agency (for local enforcement agencies), the Director of the Civil Enforcement Department under the Ministry of National Defense (for military region enforcement agencies) about the needs and anticipated candidates for appointment as Enforcement Officers in their units, specifically as follows:

a) The Director of Provincial Civil Enforcement Agency anticipates personnel in the following cases:

a.1) Civil servants of local enforcement agencies are anticipated to be appointed as Enforcement Officers of Provincial Civil Enforcement Agencies;

a.2) Civil servants of provincial enforcement agencies are anticipated to be appointed as Enforcement Officers of district-level agencies or civil servants of the enforcement agency in this district but are anticipated to be appointed as Enforcement Officers of another provincial enforcement agency;

b) The Director of District Civil Enforcement Agency reports to the Director of Provincial Civil Enforcement Agency about the needs and anticipated candidates for selection and appointment as Enforcement Officers in their unit.

c) The Director of Military Region Civil Enforcement Agency reports to the Director of the Civil Enforcement Department under the Ministry of National Defense about the needs and anticipated candidates for selection and appointment as Enforcement Officers in their unit.

1.2. Step 2: Based on the needs and proposals of local enforcement agencies, the Director of Provincial Civil Enforcement Agency reviews and compiles a list of brief resumes of individuals proposed for selection and appointment as Enforcement Officers of local enforcement agencies.

Based on the needs and proposals of military region enforcement agencies, the Director of the Civil Enforcement Department under the Ministry of National Defense reviews and compiles a list of brief resumes of individuals proposed for selection and appointment as Enforcement Officers of military region enforcement agencies and works with the Military Region to unify the list and prepare the selection and appointment procedures.

1.3. Step 3: Organize a confidence vote and collect opinions on individuals proposed for selection and appointment as Enforcement Officers.

a) Regarding the subjects participating in confidence voting and soliciting opinions:

a.1) For individuals currently working in local civil enforcement agencies or military zone enforcement agencies who are proposed for selection and appointment as Enforcement Officers, the subjects participating in confidence voting include all officials and staff members of the Enforcement Agency where the individual proposed for selection and appointment as an Enforcement Officer is working;

a.2) For individuals currently working in agencies that are not Enforcement Agencies and who are proposed for selection and appointment as Enforcement Officers, the subjects soliciting opinions include the leadership collective, representatives of organizations and associations of the agency, unit, or organization where the individual works;

a.3) For cases of reappointment as Enforcement Officers, the subjects soliciting opinions include all officials and staff members of the Enforcement Agency where the individual proposed for reappointment as an Enforcement Officer is working;

b) Regarding the methods of confidence voting and soliciting opinions:

b.1) Method of confidence voting: Confidence voting shall be conducted at a meeting of all officials and staff members of the agency, unit, or organization where the individual proposed for selection and appointment as an Enforcement Officer is working, through secret ballot;

b.2) Method of soliciting opinions: Soliciting opinions shall be conducted at a collective meeting, with contributions being recorded in the minutes of the meeting;

c) Regarding the procedures for confidence voting and soliciting opinions:

c.1) Procedure for confidence voting:

The Director of Civil Enforcement at the provincial level, the Director of the Enforcement Department under the Ministry of National Defense, or a person authorized by them shall preside over the confidence voting meeting of the agency, unit, or organization where the individual proposed for selection as an Enforcement Officer is working;

After announcing the purpose, the composition of the meeting, the chairperson of the meeting shall introduce the standards, duties, and powers of an Enforcement Officer; announce the list of individuals proposed for selection and appointment as Enforcement Officers within the unit; read a summary of the curriculum vitae, educational background, work experience, self-assessment, and strengths and weaknesses of the individual proposed for selection and appointment as an Enforcement Officer, along with the assessment and evaluation of the head of the agency, unit, or organization where the individual is working; guide the recording of votes and distribute ballots;

Participants in the confidence voting record their votes and cast their ballots;

The chairperson of the meeting, together with at least two participants in the confidence voting, check the total number of collected ballots (without counting the votes) and seal them;

c.2) Procedure for soliciting opinions:

For the case mentioned in sub-item a.2, point a, step 3 of this clause, the head of the agency, unit where the individual proposed for selection and appointment as an Enforcement Officer is working shall preside over the opinion solicitation meeting. For the case mentioned in sub-item a.3, point a, step 3 of this clause, the Director of Civil Enforcement at the provincial level or the Director of the Enforcement Department under the Ministry of National Defense shall preside over the opinion solicitation meeting;

After announcing the purpose, the composition of the meeting, the chairperson of the meeting shall introduce the standards, duties, and powers of an Enforcement Officer; read a summary of the curriculum vitae, educational background, work experience, self-assessment, and strengths and weaknesses of the individual proposed for selection and appointment as an Enforcement Officer;

Participants in the meeting discuss and comment on the work performance, strengths, weaknesses, capabilities, potential, ability to complete tasks, and other personal matters of the individual proposed for selection and appointment as an Enforcement Officer. For individuals reappointed as Enforcement Officers, their work performance results during the previous term must also be evaluated;

Based on the discussion opinions of the participants in the meeting, the chairperson of the meeting shall prepare minutes summarizing the meeting results. For the case mentioned in sub-item a.2, point a, step 3 of this clause, the chairperson of the meeting shall send the minutes summarizing the meeting results to the Director of Civil Enforcement at the provincial level (for local civil enforcement agencies) or the Director of the Enforcement Department under the Ministry of National Defense (for military zone enforcement agencies);

1.4. Step 4: Consideration and Proposal of Candidates for Selection and Appointment as Enforcement Officers

a) For candidates who have undergone confidence voting: The leadership collective of the Civil Enforcement at the provincial level (for local civil enforcement agencies) or the leadership collective of the Enforcement Department under the Ministry of National Defense (for military zone enforcement agencies) shall conduct ballot counting, prepare minutes of the ballot counting; analyze the results of the confidence voting; verify and conclude any new issues (if any); discuss, comment, evaluate, and vote on the candidates. In cases where the Civil Enforcement at the provincial level or the Enforcement Department under the Ministry of National Defense has only one leader, when counting ballots, another representative from the party committee and one representative from the staff of the agency must be invited to participate in the ballot counting and prepare minutes of the ballot counting;

Candidates proposed for selection and appointment as Enforcement Officers must meet the following requirements:

a.1) Achieve a confidence voting rate of 50% or higher. For cases where the confidence voting rate is between 30% and 50%, in areas without sufficient qualified personnel to appoint as Enforcement Officers, remote areas, ethnic minority regions, difficult areas, or special circumstances where the proposed individual has long-term service, significant contributions, or other exceptional cases, they may still be submitted to the leadership collective of the Civil Enforcement at the provincial level or the Enforcement Department under the Ministry of National Defense for consideration, but the reasons must be clearly stated;

a.2) Be supported by the majority of members of the leadership collective of the Civil Enforcement at the provincial level or the Enforcement Department under the Ministry of National Defense.

b) In cases where opinions have been solicited: The collective leadership of the Civil Enforcement Office at the provincial level (for local civil enforcement agencies) or the collective leadership of the Civil Enforcement Department under the Ministry of National Defense (for military region enforcement agencies) shall discuss, comment, evaluate, and vote on the candidates. Candidates proposed for selection and appointment as Enforcement Officers must be approved by the majority of members of the collective leadership of the Civil Enforcement Office at the provincial level or the Civil Enforcement Department under the Ministry of National Defense.

1.5. Step 5: Prepare files for those proposed for selection and appointment as Enforcement Officers.

2. During the preparation of personnel, if there are complaints or reports reflecting violations of laws or deviations in morality, lifestyle, or social relations in the place of residence of the person proposed for selection and appointment as an Enforcement Officer, which according to the law on complaints and denunciations require verification and clarification, the Head of the Civil Enforcement Office at the provincial level shall be responsible for reporting to the Director of the Department of Justice for consideration and dispatching someone together with the Head of the Civil Enforcement Office at the provincial level to conduct verification (if the person to be verified is the Head of the Civil Enforcement Office at the provincial level, then the Director of the Department of Justice shall directly direct the verification process) and report the results for the Selection Board for Enforcement Officers to consider.

For complaints or reports reflecting violations of laws or deviations in morality, lifestyle, or social relations in the place of residence or station of the person proposed for selection and appointment as an Enforcement Officer in military region enforcement agencies, which according to the law on complaints and denunciations require verification and clarification, the verification and conclusion shall be carried out in accordance with the regulations of the Ministry of National Defense.

3. The file of a person proposed for initial selection and appointment as an Enforcement Officer includes:

a) A voluntary application to become an Enforcement Officer;

b) For a person selected and proposed for appointment as an Enforcement Officer in a local civil enforcement agency, a curriculum vitae following the model issued by the Ministry of Home Affairs, with a photograph attached (4cm x 6cm) and must be confirmed by the personnel management authority; for a person proposed for appointment as an Enforcement Officer in a military region enforcement agency, the curriculum vitae follows the model prescribed by the Ministry of National Defense;

c) A declaration of assets (according to the model issued along with Decree No. 13/2002/ND-CP dated January 30, 2002 amending and supplementing certain articles of Decree No. 64/1998/ND-CP dated August 17, 1998 of the Government);

d) Copies of bachelor's degree in law (or master's or doctoral degree in law if available), certificates of training in enforcement procedures, and other certificates related to political theory levels and other relevant certificates for the selection and appointment of Enforcement Officers (if available), certified by the issuing authority or competent state agency;

đ) An individual self-critique of the person proposed for selection and appointment as an Enforcement Officer;

e) An evaluation of the work performance, professional skills, political qualities, and moral conduct of the person proposed for selection and appointment as an Enforcement Officer by the head of their agency, unit, or organization;

g) Minutes of trust votes and minutes of opinions solicited from agencies, units, or organizations regarding the person proposed for selection and appointment as an Enforcement Officer;

h) A recommendation letter from the Head of the Civil Enforcement Office at the provincial level (for a person proposed for selection and appointment as an Enforcement Officer in a local civil enforcement agency) or the Director of the Civil Enforcement Department under the Ministry of National Defense (for a person proposed for selection and appointment as an Enforcement Officer in a military region enforcement agency).

4. The file of a person proposed for re-selection and reappointment as an Enforcement Officer in a local civil enforcement agency or military region enforcement agency includes:

a) An application to continue serving as an Enforcement Officer;

b) For a person selected and proposed for appointment as an Enforcement Officer in a local civil enforcement agency, supplement the curriculum vitae from the date of appointment as an Enforcement Officer in the previous term to the date of proposal for re-selection and reappointment, with a photograph attached (4cm x 6cm) and confirmed by the personnel management authority;

c) Supplement the declaration of assets from the date of appointment as an Enforcement Officer in the previous term to the date of proposal for re-selection and reappointment;

d) Supplement copies of other certificates (if available), certified by the issuing authority or competent state agency;

đ) An individual self-critique of the person proposed for re-selection and reappointment during their term as an Enforcement Officer;

e) An evaluation of the work performance, professional skills, political qualities, and moral conduct of the person proposed for re-selection and reappointment by the head of their civil enforcement agency;

g) A recommendation letter from the Head of the Civil Enforcement Office at the provincial level (for a person proposed for selection and appointment as an Enforcement Officer in a local civil enforcement agency) or the Director of the Civil Enforcement Department under the Ministry of National Defense (for a person proposed for selection and appointment as an Enforcement Officer in a military region enforcement agency).

5. The file of a person proposed for selection and appointment as an Enforcement Officer shall be prepared in two complete sets, accompanied by two photographs (3cm x 4cm) for issuance of the Enforcement Officer card (if appointed).

6. After completing the file (consisting of two original files) and the list of candidates proposed for selection and appointment as Enforcement Officers and Heads of Civil Enforcement Offices at the provincial level, the Director of the Execution Office under the Ministry of National Defense shall make three additional copies of the file, and the Director of the Execution Office under the Ministry of National Defense shall make four additional copies of the file. The Head of the Civil Enforcement Office at the provincial level and the Director of the Execution Office under the Ministry of National Defense shall report to the Chairman of the Selection Council for Enforcement Officers to consider and decide on convening a meeting of the Council. After the Chairman of the Selection Council for Enforcement Officers decides to convene a meeting, the Head of the Civil Enforcement Office at the provincial level or the Director of the Execution Office under the Ministry of National Defense shall send the file and the list of candidates proposed for selection and appointment as Enforcement Officers to the members of the Selection Council for Enforcement Officers. As for the original files, the Head of the Civil Enforcement Office at the provincial level or the Director of the Execution Office under the Ministry of National Defense shall retain one copy, while the remaining copy shall be sent to the Chairman of the Selection Council for Enforcement Officers.

7. Based on the proposal of the Head of the Civil Enforcement Office at the provincial level and the Director of the Execution Office under the Ministry of National Defense, the Selection Council for Enforcement Officers shall carry out the selection of Enforcement Officers according to the Regulation on the Operation of the Selection Council for Enforcement Officers of Civil Enforcement Agencies issued together with Decision No. 1145/2005/QĐ-BTP dated May 18, 2005, of the Minister of Justice, and in accordance with the provisions of the law.

IV. PROCEDURE FOR PROPOSING REMOVAL FROM OFFICE AND DISMISSAL OF THE POSITION OF ENFORCEMENT OFFICER

1. The Head of the Civil Enforcement Office at the provincial level prepares the file proposing removal from office and dismissal of the position of Enforcement Officer of the local enforcement agency; the Director of the Execution Office under the Ministry of National Defense prepares the file proposing removal from office and dismissal of the position of Enforcement Officer of the Military Region Enforcement Office.

2. The file proposing removal from office of the position of Enforcement Officer includes:

a) A request for removal from office of the Enforcement Officer, clearly stating the reasons for the request for removal from office of the Enforcement Officer.

In the case where the person proposed for removal from office of the Enforcement Officer is transferred to another job within the civil enforcement agencies, it is not necessarily required to have a request for removal from office of the Enforcement Officer. In cases where the Enforcement Officer is removed from office to transfer to other agencies that are not civil enforcement agencies due to the dispatch of competent authorities, in addition to the request for removal from office of the Enforcement Officer, the file must also include a document agreeing to accept the transfer from the receiving agency.

b) Documents proving the reasons for requesting removal from office of the Enforcement Officer such as health certificates issued by authorized health agencies, certificates of difficult family circumstances, or other relevant documents (if available);

c) For cases where the position of Enforcement Officer of the local civil enforcement agency is proposed to be removed from office to transfer to another job, there must be a written opinion of the Director of the Department of Justice where the Enforcement Officer works, and simultaneously, the Head of the Civil Enforcement Office at the provincial level reports to the Director of the Department of Justice for comments before submitting to the Selection Council for Enforcement Officers for consideration;

d) A document proposing removal from office of the Enforcement Officer by the Head of the Civil Enforcement Office at the provincial level for the Enforcement Officer of the local civil enforcement agency or by the Director of the Execution Office under the Ministry of National Defense for the Enforcement Officer of the Military Region Enforcement Office.

3. The file proposing dismissal of the position of Enforcement Officer includes:

a) A self-criticism statement of the Enforcement Officer. In cases where the Enforcement Officer refuses to write a self-criticism statement, the head of the enforcement agency directly managing that person must issue a document detailing the violations of that person to report to the Head of the Civil Enforcement Office at the provincial level; if the person being criticized is an Enforcement Officer of the provincial civil enforcement agency or the Head of the Civil Enforcement Office at the district level, then the Head of the Civil Enforcement Office at the provincial level must issue a document detailing the violations of that person to be kept in the file. In cases where the person being criticized is the Head of the Civil Enforcement Office at the provincial level and refuses to write a self-criticism statement, the Director of the Department of Justice must issue a document detailing the violations of that person to be kept in the file;

b) Minutes of the disciplinary review meeting and resolution of the Disciplinary Council regarding the Enforcement Officer who has committed violations (the Disciplinary Council for Enforcement Officers is established in accordance with the provisions of the law and guidelines of the Ministry of Justice);

c) Documents proving the violations committed by the Enforcement Officer (if available);

d) A document from the Head of the Civil Enforcement Office at the provincial level or the Director of the Execution Office under the Ministry of National Defense proposing dismissal of the position of Enforcement Officer.

In addition to the above documents, for cases where the Enforcement Officer was previously disciplined, the file proposing dismissal of the position of Enforcement Officer must also include a copy of the disciplinary decision or other related documents (if available).

4. The file proposing removal from office and dismissal of the position of Enforcement Officer is established in two complete sets. After completing the file, the Head of the Civil Enforcement Office at the provincial level or the Director of the Execution Office under the Ministry of National Defense shall perform the procedures for making copies of the file, report to the Chairman of the Selection Council for Enforcement Officers, and send the file to the members of the Council as in the case of proposing selection and appointment of Enforcement Officers as guided in Clause 6, Section III of this Circular.

5. Based on the proposals of the Head of the Civil Enforcement Office at the provincial level and the Director of the Execution Office under the Ministry of National Defense, the Selection Council for Enforcement Officers shall examine the proposals for removal from office and dismissal of the position of Enforcement Officer according to the Regulation on the Operation of the Selection Council for Enforcement Officers of Civil Enforcement Agencies issued together with Decision No. 1145/2005/QĐ-BTP dated May 18, 2005, of the Minister of Justice, and in accordance with the provisions of the law.

V. ENFORCEMENT OFFICERS RETIRING, RESIGNING, OR AUTOMATICALLY BEING DISMISSED FROM THE POSITION OF ENFORCEMENT OFFICER

1. The handling of the retirement and resignation of Enforcement Officers is carried out as follows:

a) In case an Enforcement Officer under the Civil Enforcement Office at the provincial level retires or resigns, or an Enforcement Officer under the local civil enforcement agency retires or resigns according to the reduction of staff, the Director of the Civil Enforcement Office at the provincial level shall prepare complete files in accordance with the provisions of the law, report to the Director of the Department of Justice for submission to the Minister of Justice for consideration and decision.

b) In case an Enforcement Officer under the Civil Enforcement Office at the district level retires or resigns, the Director of the Civil Enforcement Office at the provincial level shall prepare complete files in accordance with the provisions of the law, report to the Director of the Department of Justice for consideration and decision pursuant to the authorization of the Minister of Justice as stipulated in Decision No. 1148/2005/QĐ-BTP dated May 18, 2005 of the Minister of Justice.

After the decision on retirement or resignation of the Enforcement Officer is made, the Director of the Civil Enforcement Office at the provincial level shall report in writing to the Minister of Justice along with a copy of the decision to remove the name from the list of Enforcement Officers.

c) In case an Enforcement Officer under the Civil Enforcement Office at the military region retires or resigns in accordance with the provisions of the law, the Director of the Civil Enforcement Office under the Ministry of National Defense shall report in writing to the Minister of Justice along with a copy of the decision on retirement or resignation of the Enforcement Officer to remove the name from the list of Enforcement Officers.

2. The removal of the title of Enforcement Officer in cases of automatic removal as provided for in Clause 1, Article 25 of Decree No. 50/2005/NĐ-CP shall be implemented as follows:

a) The Director of the Civil Enforcement Office at the provincial level or the Director of the Civil Enforcement Office under the Ministry of National Defense shall establish a file requesting the removal of the title of Enforcement Officer for an Enforcement Officer under their management. The file must include the decision on compulsory termination of employment and a copy of the judgment of the Court that has taken legal effect against the Enforcement Officer proposed for removal of the title of Enforcement Officer.

b) In case an Enforcement Officer under the local civil enforcement agency is proposed for removal, the Director of the Civil Enforcement Office at the provincial level shall report to the Director of the Department of Justice along with the file requesting the decision to remove the title of Enforcement Officer pursuant to the authorization of the Minister of Justice as stipulated in Decision No. 1148/2005/QĐ-BTP dated May 18, 2005 of the Minister of Justice.

After the decision to remove the title of Enforcement Officer is made, the Director of the Civil Enforcement Office at the provincial level shall report in writing to the Minister of Justice along with a copy of the decision to remove the name from the list of Enforcement Officers.

c) In case an Enforcement Officer under the Civil Enforcement Office at the military region is proposed for removal, the Director of the Civil Enforcement Office under the Ministry of National Defense shall report to the Minister of Justice along with the file requesting the decision to remove the title of Enforcement Officer.

VI. EFFECTIVENESS OF THE CIRCULAR

This Circular shall take effect fifteen days after its publication in the Official Gazette.

During implementation, if there are any difficulties, please reflect them to the Ministry of Justice for timely supplementary guidance./.