Circular No. 101/2012/TT-BQP stipulates the agencies managing criminal enforcement, criminal enforcement agencies, and units assigned certain tasks of criminal enforcement within the Military.

CIRCULAR

REGULATIONS ON THE ORGANIZATION MANAGING THE ENFORCEMENT OF CRIMINAL SENTENCES, THE ORGANIZATIONS ENFORCING CRIMINAL SENTENCES AND THE ORGANIZATIONS AND UNITS ASSIGNED SOME TASKS IN ENFORCING CRIMINAL SENTENCES WITHIN THE ARMED FORCES

Pursuant to the Law on Legislative Documents of 2008;

Based on the Criminal Enforcement Law 2010;

Pursuant to Decree No. 104/2008/NĐ-CP dated September 16, 2008 of the Government on the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of National Defense;

Considering the proposal of the Director of the Criminal Investigation Department,

The Minister of National Defense hereby stipulates the organization managing the enforcement of criminal sentences, organizations enforcing criminal sentences, and organizations and units assigned some tasks in enforcing criminal sentences within the Armed Forces as follows:

Article 1. Scope of Regulation

This Circular stipulates the organizational structure, tasks, and authorities of the organization managing the enforcement of criminal sentences, organizations enforcing criminal sentences, and organizations and units assigned some tasks in enforcing criminal sentences within the Armed Forces.

Article 2. Applicability

This Circular applies to the organization managing the enforcement of criminal sentences, organizations enforcing criminal sentences, organizations and units assigned some tasks in enforcing criminal sentences; relevant agencies, units, organizations, and individuals involved in the enforcement of criminal sentences within the Armed Forces.

Article 3. Organization Managing the Enforcement of Criminal Sentences

1. The organization managing the enforcement of criminal sentences under the Ministry of National Defense is the Criminal Investigation Department of the Ministry of National Defense.

2. The organization managing the enforcement of criminal sentences under the Ministry of National Defense has a Head, Deputy Heads of the organization managing the enforcement of criminal sentences, advisory bodies, and criminal enforcement officers.

3. When performing the functions and duties of the organization managing the enforcement of criminal sentences under the Ministry of National Defense, the Criminal Investigation Department shall use its own seal for activities related to the management of the enforcement of criminal sentences, named: "Ministry of National Defense - Organization Managing the Enforcement of Criminal Sentences".

Article 4. Tasks and Authorities of the Organization Managing the Enforcement of Criminal Sentences under the Ministry of National Defense

1. The organization managing the enforcement of criminal sentences under the Ministry of National Defense performs tasks and authorities as prescribed by the Law on Enforcement of Criminal Sentences.

2. Guides, directs, and supervises the professional activities of the Judicial Security Force in carrying out assigned tasks according to the law.

Article 5. Organizations Enforcing Criminal Sentences

1. Military Region Criminal Enforcement Organizations

a) Military Region Criminal Enforcement Organizations are the Criminal Investigation Departments of Military Regions and Corps; the Criminal Enforcement Organization of the Capital Hanoi is the Detention and Criminal Enforcement Department/Criminal Investigation Department of the Ministry of National Defense;

b) Military Region Criminal Enforcement Organizations have a Head, Deputy Heads of the criminal enforcement organization, and criminal enforcement officers;

c) When performing the functions of a criminal enforcement organization, the Criminal Investigation Departments of Military Regions and Corps shall use their own seals for criminal enforcement activities with the name: "Military Region (Corps) - Criminal Enforcement Organization"; the Detention and Criminal Enforcement Department/Criminal Investigation Department uses a seal with the name: "Criminal Investigation Department of the Ministry of National Defense - Criminal Enforcement Organization of the Capital Hanoi".

2. Military Prisons

a) Military prisons are organized according to the provisions of the Law on Enforcement of Criminal Sentences;

b) When performing tasks and exercising powers in the field of enforcement of criminal sentences as prescribed by the Law on Enforcement of Criminal Sentences, military prisons shall use titles and seals according to regulations issued by the Ministry of National Defense.

Article 6. Tasks and powers of agencies enforcing criminal sentences at military regions

1. Military Region Criminal Enforcement Organizations perform tasks and authorities as prescribed by the Law on Enforcement of Criminal Sentences. The scope of tasks among Military Region Criminal Enforcement Organizations is divided as follows:

a) The Military Region Criminal Enforcement Organization organizes or participates in implementing court decisions on the enforcement of criminal sentences of the Military Court, except cases within the purview of the Corps Criminal Enforcement Organization;

b) The Criminal Enforcement Organization of the Capital Hanoi organizes or participates in implementing court decisions on the enforcement of criminal sentences of the Military Court within the territory of Hanoi City, except cases within the purview of the Corps Criminal Enforcement Organization;

c) The Corps Criminal Enforcement Organization organizes or participates in implementing court decisions on the enforcement of criminal sentences of the Military Court regarding: enforcement of death sentences against persons convicted of crimes investigated and prosecuted by the Corps' investigative and prosecution agencies; enforcement of imprisonment sentences when the convicted person is detained at a temporary detention center of the Corps; enforcement of imprisonment sentences against persons who are on probation, non-custodial reform, and working at units managed by the Corps.

2. Manages, directs, and supervises the Judicial Security Force under its jurisdiction in carrying out assigned tasks according to the law and guidance from the organization managing the enforcement of criminal sentences under the Ministry of National Defense.

Article 7. Agencies and units assigned certain tasks for enforcement of criminal penalties

1. Military detention centers.

2. Military units at regiment level and equivalent.

3. When performing tasks and exercising powers in the field of enforcement of criminal penalties as prescribed by the Law on Enforcement of Criminal Penalties, military detention centers and military units at regiment level and equivalent shall use titles and seals in accordance with regulations issued by the Ministry of National Defense.

Article 8. Tasks and powers of prisons and military detention centers

1. Prisons and military detention centers perform tasks and exercise powers as prescribed by the Law on Enforcement of Criminal Penalties.

2. Implement the task of escorting suspects, defendants, and convicts to serve investigations, prosecutions, trials, and enforcement of criminal penalties.

Article 9. Subjects eligible for appointment, removal, and dismissal from the position of Head and Deputy Head of the Management Agency for Enforcement of Criminal Penalties under the Ministry of National Defense, and Head and Deputy Head of the Enforcement Agency for Criminal Penalties at Military Region Level

1. The Director of the Criminal Investigation Department and the Deputy Director of the Criminal Investigation Department responsible for enforcement work are the Head and Deputy Head of the Management Agency for Enforcement of Criminal Penalties under the Ministry of National Defense.

2. The Heads and Deputy Heads of the Criminal Investigation Departments at Military Regions and Corps are the Heads and Deputy Heads of the Enforcement Agencies for Criminal Penalties at Military Region and Corps levels.

3. The Heads and Deputy Heads of the Detention and Enforcement Departments under the Criminal Investigation Department of the Ministry of National Defense are the Heads and Deputy Heads of the Enforcement Agency for Criminal Penalties in Hanoi.

4. The Heads and Deputy Heads of the Management Agency for Enforcement of Criminal Penalties under the Ministry of National Defense, and the Heads and Deputy Heads of the Enforcement Agencies for Criminal Penalties at Military Region Level shall be relieved of their positions or dismissed when the positions of Director of the Criminal Investigation Department, Deputy Director of the Criminal Investigation Department; Heads and Deputy Heads of the Criminal Investigation Departments at Military Regions and Corps; and Heads and Deputy Heads of the Detention and Enforcement Departments under the Criminal Investigation Department are relieved of their positions or dismissed.

Article 10. Authority to appoint, relieve, and dismiss the Head and Deputy Head of the Management Agency for Enforcement of Criminal Penalties under the Ministry of National Defense, and the Head and Deputy Head of the Enforcement Agency for Criminal Penalties at Military Region Level

The Minister of National Defense decides on the appointment, relief, and dismissal of the Head and Deputy Head of the Management Agency for Enforcement of Criminal Penalties under the Ministry of National Defense, and the Head and Deputy Head of the Enforcement Agency for Criminal Penalties at Military Region Level.

Article 11. Procedures and formalities for proposing appointments, reliefs, and dismissals of the Head and Deputy Head of the Management Agency for Enforcement of Criminal Penalties under the Ministry of National Defense, and the Head and Deputy Head of the Enforcement Agency for Criminal Penalties at Military Region Level

1. The Board of Criminal Investigators of the Ministry of National Defense has the responsibility to prepare procedures for the Chairman of the Board to propose the appointment, relief, and dismissal of the Head and Deputy Head of the Management Agency for Enforcement of Criminal Penalties under the Ministry of National Defense, and the Head and Deputy Head of the Enforcement Agency for Criminal Penalties at Military Region Level based on the proposal of the unit head and the Criminal Investigation Department of the Ministry of National Defense.

2. The Criminal Investigation Department of the Ministry of National Defense receives reports proposing the appointment, relief, and dismissal of the Head and Deputy Head of the Management Agency for Enforcement of Criminal Penalties under the Ministry of National Defense, and the Head and Deputy Head of the Enforcement Agency for Criminal Penalties at Military Region Level; checks the files and procedures; evaluates the officers; compiles reports together with the files proposing the appointment, relief, and dismissal of the Head and Deputy Head of the investigation agencies at various levels to the Board of Criminal Investigators of the Ministry of National Defense.

3. The procedures and formalities for proposing the appointment, relief, and dismissal of the Head and Deputy Head of the Management Agency for Enforcement of Criminal Penalties under the Ministry of National Defense, and the Head and Deputy Head of the Enforcement Agency for Criminal Penalties at Military Region Level are carried out simultaneously with the appointment, relief, and dismissal of the Head and Deputy Head of the investigation agencies at various levels. In addition to the files proposing the appointment, relief, and dismissal of the Head and Deputy Head of the investigation agencies at various levels, there must also be a letter proposing the appointment, relief, and dismissal of the Head and Deputy Head of the Management Agency for Enforcement of Criminal Penalties under the Ministry of National Defense, and the Head and Deputy Head of the Enforcement Agency for Criminal Penalties at Military Region Level.

Article 12. Standards for criminal enforcement management officials and criminal enforcement officials.

Active military officers with a university degree in Law, Police, or Security, having practical experience in detention and criminal enforcement work; those meeting the standards for officials in the Vietnam People's Army may be considered for appointment as criminal enforcement officials. Criminal enforcement officials with management experience and the ability to guide and direct criminal enforcement work may be considered for appointment as criminal enforcement management officials.

Article 13. Effective Date

This Circular takes effect 45 days from the date of signature and replaces Circular No. 119/2011/TT-BQP dated July 7, 2011, issued by the Ministry of National Defense on the agencies managing criminal enforcement, criminal enforcement agencies, and agencies and units assigned certain criminal enforcement tasks within the Military.

Article 14. Implementation Organization

The General Staff Department, the Political Bureau, the Central Military Court, the Central Military Procuracy, the Military Regions, the Corps, and related agencies and units are responsible for implementing this Circular./.