Circular No. 09/2021/TT-BCA on the inspection of regulations, military affairs, and martial arts of the People's Police

CIRCULAR

Regulations on inspection of drill, military affairs, and martial arts of the People's Public Security

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;

The Minister of Public Security issues this Circular to regulate inspections of drill, military affairs, and martial arts of the People's Public Security.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates inspections of drill, military affairs, and martial arts of the People's Public Security (hereinafter referred to collectively as inspections of drill of the People's Public Security), including: Standards and number of officers engaged in inspections of drill of the People's Public Security; tasks, authorities, uniforms, equipment, force deployment, assignment of duties for inspections of drill of the People's Public Security; inspection certificates, authority to issue, recipients, files, procedures, and time for issuance, reissuance, and replacement of inspection certificates of drill of the People's Public Security; validity period and management, use, and recovery of inspection certificates of drill of the People's Public Security; plans and procedures for inspections of drill of the People's Public Security.

Article 2. Applicability

This Circular applies to:

1. Units under the Ministry of Public Security, provincial public security services, and centrally-administered city public security services (hereinafter collectively referred to as public security units and localities).

2. Officers, non-commissioned officers, conscript soldiers, public security workers, and students from public security academies and schools (hereinafter collectively referred to as public security officers and soldiers).

3. Agencies, organizations, and individuals related to inspections of drill, military affairs, and martial arts of the People's Public Security.

Article 3. Standards and number of officers engaged in inspections of drill of the People's Public Security

1. Standard

a) General standards

Must have good political qualities, moral conduct, strictly comply with the drill regulations of the People's Public Security; possess professional qualifications and capabilities, understand laws; be familiar with and correctly implement all regulations concerning drill, military affairs, martial arts, and other relevant regulations pertaining to drill, military affairs, and martial arts work.

b) Specific standards

Full-time officers engaged in inspections of drill of the People's Public Security must meet the following conditions: They must be professional officers with a mid-level public security education or higher, having at least five years of practical work experience in the public security sector; they must have been trained in drill, military training, and martial arts according to the regulations on training in drill, military training, and martial arts within the People's Public Security; they must hold a Drill Inspection Certificate;

Part-time officers engaged in inspections of drill of the People's Public Security must meet the following conditions: They must have a mid-level public security education or higher, if graduating from a non-public security major, they must receive supplementary public security training; they must have at least three years of practical work experience in the public security sector; they must have the capability to perform drill, military affairs, and martial arts work that meets the requirements set forth for drill work;

c) Officers who are technical specialists, those disciplined by the Party, administrative bodies, or mass organizations within the last five consecutive years prior to the assignment, and those whose performance evaluation has reached the level of completing tasks for two consecutive years but not completing tasks in the most recent year shall not be assigned as full-time officers engaged in inspections of drill of the People's Public Security.

2. Number.

a) Provincial public security services, centrally-administered city public security services (hereinafter collectively referred to as provincial-level public security services), public security academies, and schools (excluding cultural schools) shall allocate from three to five full-time officers and some part-time officers. For the Hanoi Public Security Service and Ho Chi Minh City Public Security Service, allocation shall be from five full-time officers or more; specific numbers shall be decided by the unit head;

b) Units under the Ministry of Public Security shall allocate from one to three full-time officers and some part-time officers. For the Command of Guard Troops, Command of Mobile Police Force, Prison Management Bureau, Bureau of Management of Educational Institutions for Offenders, Bureau of Exit and Entry Management, allocation shall be from three to five full-time officers and some part-time officers; specific numbers shall be decided by the unit head;

c) District-level public security services, county-level public security services, township-level public security services, city-level public security services, police stations, and equivalent units under provincial-level public security services; battalions, naval battalions, independent companies, naval detachments under battalions shall allocate a part-time drill inspection team consisting of some part-time officers; specific numbers shall be decided by the unit head;

d) Units at the battalion level, commune-level public security services, ward-level public security services, town-level public security services, posts, based on actual circumstances, the unit head shall assign part-time officers to carry out inspections of drill of the People's Public Security.

Chapter II
TASKS, AUTHORITY, UNIFORMS, EQUIPMENT,
FORCE DEPLOYMENT, ASSIGNMENT OF DUTIES FOR INSPECTIONS
ORDER OF THE PEOPLE'S POLICE

Article 4. Duties of officers inspecting the Order of the People's Police

1. Implement inspections of the Order of the People's Police in accordance with this Circular.

2. Carry out directives from the Ministry of Public Security, the Political and Ideological Work Department, and the heads of public security units and localities regarding inspection work on the Order of the People's Police.

3. Advise and guide public security units and localities, as well as police officers of the People's Police, to comply with regulations on the Order, military affairs, and martial arts.

4. Propose commendation and rewards for units and individuals who implement the Order, military affairs, and martial arts regulations well.

5. Remind, correct, or propose timely handling of units and police officers violating the Order of the People's Police.

6. Propose measures to address difficulties and shortcomings in documents regulating the Order of the People's Police to competent authorities.

Article 5. Powers of officers inspecting the Order of the People's Police

1. Remind, correct, and record violations of the Order of the People's Police

a) Leaders and officers of the Order, Military Affairs, and Martial Arts Departments under the Political and Ideological Work Department may remind, correct, record violations, and require handling of units and police officers violating the Order of the People's Police throughout the entire public security force;

b) Leaders and officers inspecting the Order of public security units and localities may:

Remind, correct, record violations, and propose handling of units and police officers violating the Order of the People's Police within their own units and localities.

Remind, correct, and record violations of police officers, students from other units, academies, and police academies working, studying, or residing at their units and localities if they violate the Order of the People's Police; for police officers and students from agencies, units, academies, and police academies stationed in their localities when those officers and students violate the Order of the People's Police outside their workplaces. After inspection and recording, they must send written notifications to the managing units and localities of the violators for handling according to regulations, and simultaneously send notifications to the Political and Ideological Work Department for overall monitoring.

2. Temporarily detain documents, means, and items related to violations of the Order of the People's Police to serve the handling process. The temporary detention must be recorded according to Model No. 06 issued together with this Circular.

3. Use means and techniques such as: cars, motorcycles, video cameras (cameras), cameras, audio recorders, breath alcohol testers when performing duties.

4. Disguise (without wearing People's Police uniforms) when performing secret inspections and combined secret and open inspections.

5. Require police officers violating the Order of the People's Police to report to the nearest public security agency or unit for resolution.

Article 6. Uniforms and equipment for inspecting the Order of the People's Police

1. Uniforms

Officers conducting inspections wear People's Police uniforms and wear Order inspection armbands as prescribed (except in cases of secret inspections).

2. Equipment

a) Transportation means: Depending on specific circumstances, public security units and localities equip cars, motorcycles, and other types of transportation means to perform Order inspection tasks. During the inspection process, different types of transportation means can be changed to meet the requirements of the task when performing inspections;

b) Technical means and equipment, including: Video cameras (cameras), cameras, audio recorders, breath alcohol testers, and other necessary means. Technical means and equipment must be inspected, calibrated, and have certificates as prescribed.

c) Inspection records.

Article 7. Deployment of forces and assignment of tasks for inspection of the Police Regulations

1. Deployment of forces

The inspection of the Police Regulations must establish an inspection team. Each inspection team consists of from two to four members, with one member serving as the Team Leader. In cases where more staff are required, this shall be decided by the Head of the unit.

2. Assignment of tasks

a) The Team Leader is responsible for commanding and directing all activities of the inspection team; disseminating and ensuring understanding among the team members regarding the content of the inspection plan and other related matters; directly overseeing the inspection of the Police Regulations.

b) Team members must thoroughly understand the contents and carry out the tasks assigned by the Team Leader, such as: filming (recording with a camera), taking photographs, recording audio, measuring blood alcohol concentration, documenting all relevant situations related to the inspection activities; drafting minutes, preliminary reports, announcing the results of the inspection, and performing other tasks as assigned by the Team Leader.

Chapter III
POLICE REGULATIONS INSPECTION CERTIFICATE

Article 8. Police Regulations Inspection Certificate

1. The Police Regulations Inspection Certificate is used according to Model No. 01 issued together with this Circular, managed, printed, and provided with blank forms by the Political and Ideological Work Department upon proposal of the Regulations, Military Affairs, and Martial Arts Division of the Political and Ideological Work Department.

2. The Police Regulations Inspection Certificate has a validity period of five years. In cases where the time from issuance of the Police Regulations Inspection Certificate to the retirement age is less than five years, the validity period of the Police Regulations Inspection Certificate will extend until the retirement date according to regulations.

Article 9. Authority, Subjects, and Documentation for Issuance of the Police Regulations Inspection Certificate

1. Authority and Subjects for Issuing New, Reissuing, and Renewing the Police Regulations Inspection Certificate

a) The leader of the Ministry of Public Security responsible for political and ideological work signs to issue new, reissue, and renew the Police Regulations Inspection Certificate for the Director and Deputy Director of the Political and Ideological Work Department in charge of regulations, military affairs, and martial arts;

b) The Director of the Political and Ideological Work Department signs to issue new, reissue, and renew the Police Regulations Inspection Certificate for leaders and officers of the Regulations, Military Affairs, and Martial Arts Division of the Political and Ideological Work Department;

c) The head of public security units and localities signs to issue new, reissue, and renew the Police Regulations Inspection Certificate for specialized officers responsible for inspecting the Police Regulations within their units and localities.

2. Documentation for Issuing New, Reissuing, and Renewing the Police Regulations Inspection Certificate

a) Documentation for issuing new includes:

A request letter from the unit managing the officer accompanied by a summary form of the officer according to Model No. 05 issued together with this Circular;

A decision on transfer or a document assigning the task of inspecting the Police Regulations of a specialized officer from the head of the unit with authority;

Three (3) photographs measuring 2cm x 3cm, taken in a frontal pose against a blue background, wearing winter uniform, and wearing a cap.

b) Documentation for reissuing and renewing

The Police Regulations Inspection Certificate is reissued or renewed when it expires, is lost, damaged, or when the holder is promoted to a leadership or command position, or receives a rank promotion;

The documentation for reissuing and renewing follows the provisions set forth in point a, Clause 2 of this Article. In cases where the Police Regulations Inspection Certificate is lost or damaged, a report detailing the reasons for loss or damage, confirmed by the head of the unit, must be attached.

3. The time limit for issuing the Police Regulations Inspection Certificate is ten working days, counted from the date of receipt of complete application documentation for issuance, reissuing, or renewing.

Article 10. Use, management, and recovery of the Police Regulation Inspection Certificate

1. The Police Regulation Inspection Certificate shall only be used when performing tasks to inspect police regulations.

2. The Police Regulation Inspection Certificate must be managed and used for its intended purpose; it shall not be produced, stored, purchased, sold, forged, lent, pawned, or mortgaged.

3. Annually or at any time, local police units shall organize inspections of the management and use of the Police Regulation Inspection Certificate within their units and report to the Ministry (through the Party Work and Political Affairs Department). The Party Work and Political Affairs Department shall annually or at any time inspect the management and use of the Police Regulation Inspection Certificate by local police units.

4. When a staff member who performs police regulation inspection duties retires, resigns, transfers to another field, or is no longer assigned such inspection duties, they shall return the Police Regulation Inspection Certificate issued to them to the unit directly managing the staff member for recovery by cutting off one-third of the upper left corner of the certificate and keeping the file according to regulations.

Chapter IV
PLAN AND PROCEDURE FOR INSPECTION
ORDER OF THE PEOPLE'S POLICE

Article 11. Plan for inspecting police regulations

1. Before conducting an inspection, the unit assigned the inspection task must develop one of the following plans:

a) A plan for regularly inspecting police regulations every quarter or implementing major work programs throughout the force;

b) A plan for regular, surprise, secret, or combined secret and public inspections;

c) A plan for organizing surprise inspections upon receiving information from mass media or the public about violations of police regulations by officers and soldiers to report to higher authorities.

2. The plan for inspecting police regulations includes the following contents:

a) Objectives and requirements;

b) Inspection content.

c) Inspection methods;

d) Time and location of inspection;

đ) Units conducting the inspection.

3. In cases where instructions from higher authorities or reports of units or officers violating police regulations are received, the staff member responsible for inspecting police regulations must immediately report to the unit's leadership and organize the inspection (without having to develop an inspection plan).

Article 12. Authority to sign inspection plans for police regulations

1. For the Ministry level

The Director of the Party Work and Political Affairs Department approves and signs the quarterly inspection plan, the secret inspection plan, the combined secret and public inspection plan, or the implementation of major work programs throughout the police force; assigns the Party Work and Political Affairs Department leader responsible for regulation, military affairs, and martial arts to approve and sign the regular and surprise inspection plans.

2. For local police units

a) The head of local police units approves and signs the implementation plan for the Ministry's inspection plan; approves and signs the plan for inspecting compliance with police regulations within their units;

b) The leader of the department responsible for regulation, military affairs, and martial arts within local police units approves and signs the assignment of staff to carry out inspection work according to the unit head's inspection plan;

c) The head of the local police unit, the head of the district, county, town, city under provincial or centrally-administered city-level police departments, and equivalent positions approves and signs the inspection plan and assigns staff to regularly inspect compliance with regulations by the unit and officers and soldiers under their management.

Article 13. Contents of the steps to inspect the Regulations of the People's Police

1. Inspection of the work on the Regulations of the People's Police.

a) Announce the inspection plan: The inspection team announces the content and plan of the inspection to the unit or locality at least three days before the inspection date. The inspected unit or locality must prepare a report on the work on the Regulations of the People's Police of their own unit or locality.

b) Conducting the inspection

The team leader directly informs the purpose, requirements, content, and program of the inspection to the People's Police unit or locality being inspected;

Representatives from the leadership of the unit or locality report on the results of the work on the Regulations, military affairs, and martial arts according to the announced content; members of the inspection team ask additional questions related to the inspection activities;

Inspect files and documents related to the work on the Regulations, military affairs, and martial arts including: Directives, plans, and reports on the implementation of regulations and directives from the Ministry and higher-level business units regarding the work on the Regulations, military affairs, and martial arts; training plans, organization of Regulations drills, military training, martial arts, and reports on the results of such training and drills for the People's Police; inspection plans and reports on the results of inspections of the implementation of the Regulations, military affairs, and martial arts by units and officers; results of handling violations of the Regulations, military affairs, and martial arts of the People's Police (if any); files and documents on the work on the Regulations, military affairs, and martial arts of the People's Police;

Inspect theoretical knowledge and practical skills on the Regulations, military affairs, and martial arts to evaluate the training results of the unit or locality.

c) Draft the minutes, review the content, and sign the inspection minutes.

The inspection minutes are drafted into two copies according to Model No. 02 issued together with this Circular; the inspection team retains one copy, and the People's Police unit or locality being inspected retains one copy. In the minutes, clearly record strengths and weaknesses in the work on the Regulations, military affairs, and martial arts; recommendations to address existing issues; lessons learned (if any).

2. Inspection of compliance with the Regulations of the People's Police

a) The team leader directly informs the purpose, requirements, content, and program of the inspection to the People's Police unit or locality being inspected. In cases of surprise inspections, secret inspections, or secret inspections combined with public inspections, there is no need to inform the purpose, requirements, content, and program of the inspection to the People's Police unit or locality being inspected;

b) Conducting the inspection

Inspect according to the planned content, members of the inspection team ask additional questions related to the work on the Regulations of the People's Police;

Inspect identification cards of the People's Police or other documents to determine the identity of the person being inspected (if necessary); take photos, record audio, video, and measure blood alcohol levels for violations of the Regulations of the People's Police;

Inform the officers or soldiers being inspected about the violation;

Draft the minutes of the violation of the Regulations of the People's Police for individuals according to Model No. 03 issued together with this Circular. If the officer or soldier who violated does not sign the minutes after it is drafted, the inspection team leader invites a witness to sign the minutes to confirm the incident; if there is no witness, take photos, record audio, and video of the violation as evidence for handling;

The inspection team informs the inspected unit of the inspection results.

c) Draft the minutes, review the content, and sign the inspection minutes

The inspection minutes are drafted into two copies according to Model No. 02 issued together with this Circular; clearly record strengths and weaknesses in compliance with the Regulations, military affairs, and martial arts; the inspection team retains one copy and the People's Police unit or locality or individual being inspected retains one copy (photocopy). In the minutes, clearly record recommendations to address existing issues; lessons learned (if any).

Article 14. Forms and Methods of Inspection

1. Regular Inspection

Regular inspection is the periodic monthly activity carried out by units responsible for inspecting the regulations of the People's Public Security to check the compliance with these regulations by units and officers.

Based on the plan or schedule of inspection, the Inspection Team directly conducts work or informs the inspected unit or locality about the content, program, and time of inspection, requesting the unit or locality to cooperate with the inspection according to the plan.

2. Surprise Inspection

Surprise inspection is a form of public inspection without prior notice to the inspected unit, locality, or individual. The Inspection Team organizes independent inspections based on instructions from superiors or inspection plans. After completing the inspection, they report the results to the inspected unit or locality.

3. Secret Inspection Combined with Public Inspection

Secret inspection combined with public inspection is a method where inspection staff wear civilian clothes and use technical equipment to record images and sounds of violations of the regulations of the People's Public Security by units, officers, and soldiers. Immediately afterwards, they inform the public inspection force within the Inspection Team to conduct inspections according to the plan and handle violations (if any). Secret inspection combined with public inspection must be conducted strictly in accordance with the regulations of the Party, laws, and the Public Security sector.

4. Secret Inspection

Secret inspection involves disguising, wearing civilian clothes, and secretly using technical equipment to record images and sounds of violations of the regulations of the People's Public Security by units, teams, or officers and soldiers. Based on the collected materials, images, and sounds, the Inspection Team identifies violations and reports them to superiors for handling. In necessary cases, the Inspection Team presents the Inspection Regulations Certificate or the inspection plan to the inspected party; records the violation in a protocol, and simultaneously notifies the managing unit of the collective or individual violator in writing for handling according to regulations. Secret inspection should only be conducted when it is necessary to accurately assess the actual situation of regulation compliance by units and officers. Secret inspection must be carried out strictly in accordance with the regulations of the Party, laws, and the Public Security sector.

Article 15. Reporting and Announcing

1. Reporting Inspection Results

Within three working days after the completion of an inspection period, the Inspection Team drafts a report on the inspection results, seeks opinions from members, and reports to the leader who has signed the inspection plan for regulations, military affairs, and martial arts. The report must clearly state the inspection results, strengths, and weaknesses; suggestions and proposals of the Inspection Team and the inspected unit, locality, or individual (if any); and at the same time hand over related documents, materials, and equipment to the responsible officer of the managing and maintenance unit. If higher authorities require a bypass report, the Team Leader reports according to regulations.

2. Announcing Inspection Results

Within five working days after the completion of an inspection period, the Inspection Team drafts a notification of the inspection results, submits it to the leader who has signed the inspection plan for regulations, military affairs, and martial arts for approval and signature, and sends the notification to the People's Public Security units and localities for their knowledge. They commend units and officers and soldiers who comply well and strictly handle units and officers and soldiers who violate according to regulations. If there are new contents arising during the inspection process, the Inspection Team convenes a meeting to draw lessons, evaluate strengths, weaknesses, and causes of the implementation of the inspection tasks.

Article 16. Statistics and monitoring of inspection results and violation handling

Clause 1. Inspection data and violation handling under the Police Regulations must be compiled and statistically recorded according to Model No. 04 attached to this Circular.

Clause 2. Police units and localities with collective or individual violations of the Police Regulations must handle them in accordance with regulations and report the handling results within the prescribed time limit to the issuing authority for monitoring and consolidation.

In cases where the reporting deadline has passed and the units receiving violation notifications of the Police Regulations have not reported the violation handling results, responsibility shall be handled in accordance with regulations.

Clause 3. The results of inspecting the Police Regulations throughout the force are regularly announced quarterly, semi-annually, and annually (the second quarter inspection results are linked to the mid-year report on Police Regulations, military affairs, and martial arts; the fourth quarter inspection results are linked to the annual report on Police Regulations, military affairs, and martial arts).

Article 17. Management of inspection record files of the Police Regulations

Clause 1. After completing the announcement of inspection results, the inspection files and documents must be handed over to the responsible officers of the unit for management and monitoring.

Clause 2. The transfer, retention, and handling of inspection records and violation of the Police Regulations are carried out in accordance with regulations on file work.

Chapter V
IMPLEMENTING PROVISIONS

Article 18. Effective Date

This Circular takes effect from March 6, 2021, replacing Circular No. 28/2013/TT-BCA dated May 8, 2013, issued by the Minister of Public Security on the inspection of the Police Regulations.

Article 19. Responsibility for Implementation

Clause 1. The Department of Party Work and Political Affairs is responsible for guiding, supervising, and organizing the implementation of this Circular.

Clause 2. Heads of units under the Ministry, Directors of Public Security of provinces and centrally governed cities are responsible for organizing the implementation of this Circular.

During the implementation process, if there are difficulties or obstacles, police units and localities should report to the Ministry of Public Security (through the Department of Party Work and Political Affairs) for timely guidance./.