Circular No. 10/2023/TT-BQP amends and supplements certain provisions of Circular No. 19/2018/TT-BQP dated February 9, 2018, issued by the Minister of National Defense regarding the titles of officers in the Military Enforcement Department.

CIRCULAR

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF CIRCULAR NO. 19/2018/TT-BQP

 DATED FEBRUARY 9, 2018 ISSUED BY THE MINISTER OF NATIONAL DEFENSE ON THE RANKS OF OFFICERS IN THE MILITARY ENFORCEMENT BRANCH

Pursuant to the Law on Military Officers of Vietnam dated December 21, 1999, amended and supplemented in 2008 and 2014;

Pursuant to the Law on Professional Military Personnel, Workers, and Civil Servants of National Defense dated November 26, 2015;

Pursuant to the Civil Enforcement Act dated November 14, 2008, amended and supplemented in 2014 and 2022;

Pursuant to Decree No. 62/2015/NĐ-CP dated July 18, 2015 issued by the Government detailing and guiding the implementation of certain provisions of the Civil Enforcement Act; Decree No. 33/2020/NĐ-CP dated March 17, 2020 issued by the Government amending and supplementing certain articles of Decree No. 62/2015/NĐ-CP;

Pursuant to Decree No. 01/2022/NĐ-CP dated November 30, 2022 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of National Defense;

The Minister of National Defense issues this Circular stipulating the reporting system, inspection work, and use of business forms for civil enforcement in the military.

The Minister of National Defense promulgates this Circular amending and supplementing certain articles of Circular No. 19/2018/TT-BQP dated February 9, 2018 issued by the Minister of National Defense on the ranks of officers in the Military Enforcement Branch.

Article 1. Amendments and supplements to certain articles of Circular No. 19/2018/TT-BQP dated February 9, 2018 issued by the Minister of National Defense on the ranks of officers in the Military Enforcement Branch

1. Amend and supplement Point c Clause 2 Article 3 as follows:

"c) In cases where officers transfer from the Public Prosecutor's Office, Court, Investigation, Legal Affairs, Inspection, Coast Guard, Border Guard, and Security Protection of the Military to the Military Enforcement Branch: It is the total time from when they obtain a bachelor's degree in law and assume professional positions within these agencies."

2. Amendment and supplementation of Article 9 as follows:

"Article 9. Standards

1. Junior Enforcement Officer:

a) Must meet the standards stipulated in Clause 5 Article 18 of the Civil Enforcement Act and Article 4 of this Circular;

b) Hold a certificate for training in state administration knowledge and civil enforcement practice according to the content and program of the Ministry of Justice.

2. Middle-level Enforcement Officer:

a) Must meet the standards stipulated in Clause 5 Article 18 of the Civil Enforcement Act and Article 4 of this Circular;

b) Hold a certificate for training in state administration knowledge and civil enforcement practice according to the content and program of the Ministry of Justice.

3. Senior Enforcement Officer:

a) Must meet the standards stipulated in Clause 5 Article 18 of the Civil Enforcement Act and Article 4 of this Circular;

b) Hold a master's degree in political theory or a master's degree in political theory and administration or a bachelor's degree in political science or have a certificate confirming equivalent senior political theory level as prescribed;

c) Hold a certificate for advanced training in state administration knowledge and civil enforcement practice according to the content and program of the Ministry of Justice."

3. Amend and supplement Clause 1 of Article 10 as follows:

"1. Appointment through competitive examination:

a) Based on demand, organizational staffing, and the provisions of Clause 5 Article 18 of the Civil Enforcement Act; the Enforcement Department of the Ministry of National Defense will nominate serving officers who meet the criteria to participate in the competitive examination for Junior Enforcement Officer; nominate Junior Enforcement Officers to participate in the competitive examination and promotion examination for Middle-level Enforcement Officer; nominate Middle-level Enforcement Officers to participate in the competitive examination and promotion examination for Senior Enforcement Officer organized by the Ministry of Justice;

b) Based on the results of the successful candidates in the competitive examination for Junior Enforcement Officer; the competitive examination and promotion examination for Middle-level Enforcement Officer and Senior Enforcement Officer organized by the Ministry of Justice; the Enforcement Office at the Military Region will implement the procedures to propose appointment to the ranks of Enforcement Officer according to the Cadre Work Regulations in the Vietnam People's Army and the regulations of the Ministry of Justice."

4. Amending and supplementing Article 12 as follows:

"Article 12. Standards

1. Examiner:

a) An active military officer or professional soldier meeting the criteria specified in Article 4 of this Circular;

b) Having a bachelor's degree in law or higher;

c) Having at least three years (36 months) of experience in legal work;

d) Holding a certificate for training in state administration knowledge and civil enforcement procedures according to the content and program of the Ministry of Justice.

2. Senior Examiner:

a) An active military officer meeting the criteria specified in Article 4 of this Circular;

b) Having held the rank of Examiner or equivalent for at least nine years (including at least one year (12 months) as an Examiner up to the date of nomination);

c) Holding a certificate for advanced training in state administration knowledge and civil enforcement procedures according to the content and program of the Ministry of Justice.

3. Senior-Level Examiner:

a) An active military officer meeting the criteria specified in Article 4 of this Circular;

b) Having held the rank of Senior Examiner or equivalent for at least six years (72 months), including at least one year (12 months) as a Senior Examiner up to the date of nomination;

c) Holding a master's degree in political theory or a master's degree in political theory and administration or a bachelor's degree in political science or having a certificate confirming equivalent advanced political theory qualifications as prescribed;

d) Holding a certificate for advanced training in state administration knowledge and civil enforcement procedures according to the content and program of the Ministry of Justice.

4. In cases where cadres from the Public Prosecution Office, Courts, Investigation, Legal Affairs, Inspection, Coast Guard, Border Defense Force, Military Security Protection, Enforcement Departments at Military Regions are transferred to the Department of Enforcement under the Ministry of National Defense for appointment as Director, Deputy Director of the Department of Enforcement; Head, Deputy Head of Departments under the Department of Enforcement, their current ranks will be considered equivalent for appointment as Examiners in accordance with the provisions of the law.

5. Amending and supplementing Clause 1 of Article 16 as follows:

"1. Criteria and conditions for appointment:

a) An active military officer or professional soldier meeting the criteria specified in Article 4 of this Circular;

b) Having a bachelor's degree in law or higher;

c) Holding a certificate for training in state administration knowledge and civil enforcement procedures according to the content and program of the Ministry of Justice."

6. Supplement Article 20a as follows:

"Article 20a. Transitional Provisions

Certificates for training in civil enforcement procedures for various ranks issued before the effective date of this Circular shall continue to be valid for use in examinations, promotions, and appointments to corresponding positions within the Military Enforcement Service."

Article 2. Effective Date

This Circular takes effect from March 16, 2023.

This Circular takes effect from December 25, 2025/.

The Chief of General Staff, the Director of the General Political Department, Commanders of Military Regions, Commander of the Navy, Director of the Department of Enforcement under the Ministry of National Defense; commanders of relevant agencies, units, and individuals are responsible for implementing this Circular./.