Circular No. 113/2015/TT-BQP on the selection, training, further education, and utilization of officers for the Military Procuracy.

CIRCULAR

Regulations on the selection, training, enhancement, and utilization of military procuratorial officers

officer of the Military Prosecutor's Office

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Pursuant to the Law on Legislative Documents of 2008;

Pursuant to the Law on Military Officers of Vietnam in 1999 as amended in 2008 and 2014;

Pursuant to the Law on the Organization of the People's Procuracy in 2014;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

To implement the provisions of the laws on the organization of criminal investigation agencies;

Considering the proposal of the Director of the Political General Department;

The Minister of National Defense issues this Circular regulating the selection, training, enhancement, and utilization of military procuratorial officers.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates principles, obligations, rights, sources, standards, procedures for the selection, training, enhancement, and utilization of military procuratorial officers.

Article 2. Applicability

This Circular applies to agencies, units, and individuals related to the work of selecting, training, enhancing, and utilizing military procuratorial officers.

Article 3. Principles of Implementation

1. Ensuring the leadership of the Party committee and Party organizations; guidance and direction from political organs at all levels.

2. Implementing uniformly according to the regulations of the State, the Military, and the People's Procuracy.

3. Ensuring correct sources, standards, procedures; transparency, objectivity, democracy; having staffing needs.

4. Following the development process from lower-level military procuracies to higher-level military procuracies through selection, arrangement, and placement according to planning.

Article 4. Obligations of military procuratorial officers

1. Strictly adhering to the Party's policies, State laws, military discipline, and working regulations of the People's Procuracy.

2. Fulfilling duties and tasks well, ready to accept and complete all assigned tasks.

3. Continuously studying and researching to enhance competence in all aspects; respecting professional honor, striving and cultivating to become exemplary officers with integrity, modesty, and prudence, preserving and promoting the fine traditions of the Vietnam People's Army and the Military Procuracy.

Article 5. Rights of military procuratorial officers

1. Being arranged and utilized according to the defined position, commensurate with their specialized training level and ability to perform assigned tasks.

2. Having opportunities for study and enhancement in all aspects; encouraged and provided conditions to develop talent; if meeting the required conditions and standards, they may be considered for competitive examinations and training as stipulated in Chapter II of this Circular.

3. Enjoying all benefits, rights, and policies as prescribed by the Military and the People's Procuracy.

Chapter II
SELECTION, TRAINING, ENHANCEMENT, PLACEMENT, AND UTILIZATION OF MILITARY PROCURATORIAL OFFICERS

Section 1
SELECTION OF MILITARY PROCURATORIAL OFFICERS

Article 6. Sources of Selection

1. Active-duty military personnel, defense workers; civil servants, public officials, citizens outside the Military with a Doctorate in Law, Master's in Law, or having graduated from a regular undergraduate program in Law with a minimum grade of good or better.

In cases where volunteers come to work in units stationed in highland, border, island areas, or areas with particularly difficult socio-economic conditions as defined by the Government, those who have graduated from a regular undergraduate program in Law with a passing grade may also be selected.

2. Active-duty military personnel, defense workers, high school graduates admitted to military university programs may be selected for regular undergraduate law programs.

3. Individuals meeting the qualifications and standards for positions within the Military Procuracy.

Article 7. Selection criteria

Those persons under Article 6 of this Circular must meet the conditions and selection criteria for recruitment into the cadre force as prescribed by the Ministry of National Defense; have the capacity to perform the functions and tasks of the Military Procuracy; not have stuttering, lisping, or disabilities affecting professional requirements; and have a willingness to serve long-term at all levels of the Military Procuracy.

Article 8. Selection process

1. Selection process for those who are university graduates, civil servants, and officials outside the military

a) Building the plan for selecting Military Procuracy cadres:

- Annually, based on staffing needs and the current status of the cadre force, the personnel agency at the military region level and equivalent agencies take the lead and coordinate with the Military Procuracy at the same level to build plans and targets for selecting cadres, report for review by the political agency, and submit to the Party Standing Committee at their own level.

- Based on the resolution of the Party Standing Committee at their own level, the personnel agency at the military region level and equivalent agencies compile the plan and targets for selecting cadres and report to the Political General Department (through the Cadre Bureau).

- The Cadre Bureau compiles and exchanges with the Central Military Procuracy to propose targets for selecting Military Procuracy cadres, report to the Chief of the Political General Department and the Ministry of National Defense for consideration and decision.

b) Proposing candidates for selecting Military Procuracy cadres:

- Military Procuracy at the military region level and equivalent

After being notified of the targets for selecting cadres, the Military Procuracy at the military region level and equivalent publicly announce on mass media; coordinate with functional agencies at the same level to establish a selection board and organize preliminary screening based on applications; conduct verification checks on cases that have passed preliminary screening; organize examinations or consider admissions (in cases where examinations are not organized).

Compile and propose candidates for selection, report to the Central Military Procuracy for review; after receiving the review results from the Central Military Procuracy (in writing), compile and report to the political agency (through the personnel agency) for submission to the Party Standing Committee at their own level.

- Personnel agency at the military region level and equivalent

Compile candidates for selecting cadres proposed by the Military Procuracy at the same level, report to the Chief of the Political Bureau for review and the Party Standing Committee at the same level for consideration and proposal.

- Complete the application and procedures, report to the Political General Department and the Ministry of National Defense (through the Cadre Bureau) for consideration and decision.

c) Those selected into the cadre force and working at the Military Procuracy must complete a program of military knowledge training as prescribed by the Ministry of National Defense.

2. Selection process for active-duty military personnel and defense industry workers shall be carried out according to the regulations of the Ministry of National Defense.

Section 2
TRAINING AND STAFF DEVELOPMENT FOR MILITARY PROCURACY STAFF

Article 9. Regular University Training

1. Objective: To train sources of Military Procuracy staff with comprehensive knowledge of legal science, specialized knowledge in prosecution and criminal investigation; capable of scientific research and application in the practical activities of the Military Procuracy.

2. Sources, selection criteria

a) Active-duty military personnel, defense industry workers, high school students admitted to regular military university programs, aged not more than 23; meeting the conditions and selection criteria as prescribed by the Ministry of Education and Training, the Ministry of National Defense, and the training institution.

b) Officers who have graduated from other regular university programs with good grades or higher, aged not more than 28, may be selected into the Military Procuracy according to the regulations of the Ministry of National Defense.

Article 10. Postgraduate Training

1. Master of Law

a) Objective: To train prosecutors with knowledge in legal science to meet the conditions for higher-level prosecution positions and have research capabilities.

b) Source and selection criteria: Deputy Procurator General, Deputy Director of Investigation Agency, Prosecutor, Inspector, Investigator who meet the conditions stipulated by the Ministry of National Defense, the Ministry of Education and Training, and the training institution.

2. Doctor of Law

a) Objective: To train prosecutors with advanced knowledge in legal science; capable of independent research, teaching, guiding scientific operations, and activities of the Military Procuracy.

b) Source and selection criteria: Deputy Procurator General, Deputy Director of Investigation Agency, Prosecutor, Inspector, Investigator within the long-term planning scope, recommended for examination, meeting the conditions stipulated by the Ministry of National Defense, the Ministry of Education and Training, and the training institution.

3. Postgraduate training for other specialized fields according to the general regulations of the Ministry of National Defense and the Ministry of Education and Training.

Article 11. Political and Military Training

1. Objective: To train prosecutors with advanced political theory knowledge and military knowledge as prescribed for each position in the Military Procuracy.

2. Selection source

a) Head of Department, Deputy Head of Department; Director, Deputy Director of Investigation Agency; Chief of Office, Deputy Chief of Office of the Central Military Procuracy.

b) Procurator General, Deputy Procurator General of Military Procuracy of Military Region and equivalent; Procurator General, Deputy Procurator General of Regional Military Procuracy.

c) Prosecutor, Investigator, officers with the rank of Lieutenant Colonel or above.

3. The Procurator General and Deputy Procurator General of the Central Military Procuracy shall be trained at the National Defense Academy or the Advanced Political Theory Course at the Political Academy.

Article 12. Training and Development in Prosecution and Investigation Operations

1. Objective: To train personnel with specialized knowledge in prosecution work and investigation operations, capable of assuming the roles of Prosecutor, Inspector, and Investigator.

2. Selection source: Individuals selected into the Military Procuracy at various levels, holding a bachelor's degree in law but without specialized training in prosecution and investigation operations.

Article 13. Development in Other Knowledge Areas

1. State Administration Management Knowledge Development

a) Objective: To develop the knowledge of leaders in the Military Procuracy at various levels on state administration management, specialized direction and operation, and their ability to effectively assume leadership and command positions.

b) Target group: Procurator General, Deputy Procurator General of the Military Procuracy at various levels; Head of Department, Deputy Head of Department, Chief of Office, Deputy Chief of Office of the Central Military Procuracy; Head of Division of the Military Procuracy of Military Region and equivalent.

2. Development in Other Professional Skills and Knowledge

Annually, based on the plan of the Supreme People's Procuracy, the Ministry of National Defense, and the development needs of the Military Procuracy, the Procurator General of the Central Military Procuracy will develop programs and plans to submit for approval by the competent authority.

Section 3
ORGANIZATION AND UTILIZATION OF PERSONNEL IN THE MILITARY PROCURACIES

Article 14. Appointment, Removal, Dismissal, and Transfer of Military Prosecutors' Staff

1. The appointment, removal, dismissal, and transfer of staff at the Military Prosecutor's Office shall be carried out in accordance with the provisions of the Law on the Organization of People's Procuratorates; laws on the organization of criminal investigation agencies; the Regulation on Cadre Work in the Vietnam People's Army issued by the Central Military Commission; and the procedures for appointing legal positions of the Supreme People's Procuracy.

2. Those selected to join the Military Prosecutor's Office, if proposed for appointment as Assistant Prosecutor or Junior Investigator twice without being appointed, shall report to the competent authority for consideration and decision to transfer them out of the Military Prosecutor's Office.

3. If Assistant Prosecutors and Investigators are proposed for reappointment twice without being appointed, they shall report to the competent authority for consideration and decision to transfer their work assignments, depending on each specific case.

4. Any transfer or change of work assignment out of the sector for staff of the Military Prosecutor's Office must have the written opinion of the Director of the Central Military Prosecutor's Office; when there are differing opinions, they must report to the competent authority for consideration and decision.

5. The level that has the authority to appoint staff of the Military Prosecutor's Office also has the authority to remove and dismiss them.

Article 15. Directors and Deputy Directors of Military Prosecutor's Offices at all levels

1. Source of the Director of the Military Prosecutor's Office in the region

a) Deputy Director of the Military Prosecutor's Office in the region;

b) Head of the Military Prosecutor's Office in the military region and equivalent;

c) Mid-level Prosecutor;

d) Special cases decided by the competent authority.

2. Source of the Deputy Director of the Military Prosecutor's Office in the region

a) Junior and mid-level Prosecutors;

b) Mid-level Investigators.

3. Source of the Director of the Military Prosecutor's Office in the military region and equivalent

a) Deputy Director of the Military Prosecutor's Office in the military region and equivalent;

b) Heads and Deputy Heads of Departments, Chief Secretaries, Deputy Chief Secretaries, Heads and Deputy Heads of Investigation Agencies of the Central Military Prosecutor's Office;

c) Director of the Military Prosecutor's Office in the region;

d) Head of the Military Prosecutor's Office in the military region and equivalent;

đ) Senior Prosecutor;

e) Special cases decided by the competent authority.

4. Source of the Deputy Director of the Military Prosecutor's Office in the military region and equivalent

a) Heads and Deputy Heads of Departments, Chief Secretaries, Deputy Chief Secretaries, Heads and Deputy Heads of Investigation Agencies of the Central Military Prosecutor's Office;

b) Director and Deputy Director of the Military Prosecutor's Office in the region;

c) Head of the Military Prosecutor's Office in the military region and equivalent;

d) Mid-level and senior Prosecutors; senior Investigators.

5. Source of the Director of the Central Military Prosecutor's Office

a) Deputy Director of the Central Military Prosecutor's Office;

b) Director of the Military Prosecutor's Office in the military region and equivalent; Heads of Departments; Heads of Investigation Agencies, Chief Secretaries of the Central Military Prosecutor's Office;

c) Special cases decided by the competent authority.

6. Source of the Deputy Director of the Central Military Prosecutor's Office

a) Director of the Military Prosecutor's Office in the military region and equivalent;

b) Heads and Deputy Heads of Departments; Heads and Deputy Heads of Investigation Agencies; Chief Secretaries, Deputy Chief Secretaries of the Central Military Prosecutor's Office.

Article 16. Heads of Departments and Equivalent Units under Military Procuracy Levels

1. Source of Department Heads and Equivalent Positions at the Central Military Procuracy

a) Procurator and Deputy Procurators of Military Procuracy of Military Regions and Equivalent Positions;

b) Deputy Department Heads and Deputy Secretaries of the Central Military Procuracy;

c) Procurator of Regional Military Procuracy.

2. Source of Deputy Department Heads and Deputy Secretaries of the Central Military Procuracy

a) Deputy Director of the Military Prosecutor's Office in the military region and equivalent;

b) Director and Deputy Director of the Military Prosecutor's Office in the region;

c) Head of the Military Prosecutor's Office in the military region and equivalent;

d) Senior Prosecutors and Senior Investigators.

3. Source of Department Heads of Military Procuracy of Military Regions and Equivalent Positions

a) Procurator and Deputy Procurators of Regional Military Procuracy;

b) Intermediate Prosecutors and Intermediate Investigators.

4. Source of Financial Department Head of the Central Military Procuracy is an officer who has graduated from university (Finance-Banking group) through regular training programs selected to join the Military Procuracy according to Clause 3, Article 6 of this Circular.

5. Source of Commanders of Training Centers of the Military Procuracy is an officer who has graduated from the Logistics Academy selected to join the Military Procuracy according to Clause 3, Article 6 of this Circular.

Article 17. Junior Prosecutors

1. Source of Junior Prosecutors

a) Inspectors;

b) Persons specified in Clause 1, Article 6 of this Circular.

2. Persons specified in Clause 1 of this Article, upon completion of their work period at the Military Procuracy and if they have satisfactorily completed their tasks and meet the conditions and standards stipulated in the Law on Organization of People's Procuracy, may be considered for appointment as Junior Prosecutors.

Article 18. Intermediate Prosecutors

1. Source of Intermediate Prosecutors

a) Junior Prosecutors;

b) Senior Inspectors, Senior Inspectors;

c) Active-duty military officers with at least 10 years of legal work experience.

2. Persons specified in Clause 1 of this Article, if they satisfactorily complete their tasks and meet the conditions and standards stipulated in the Law on Organization of People's Procuracy and have the need, may be considered for appointment as Intermediate Prosecutors.

Article 19. Senior Prosecutors

1. Source of Senior Prosecutors

a) Procurator and Deputy Procurators of Military Procuracy of Military Regions and Equivalent Positions;

b) Intermediate Prosecutors;

c) Senior Investigators, Senior Inspectors;

d) Active-duty military officers with at least 15 years of legal work experience.

2. Persons specified in Clause 1 of this Article, if they satisfactorily complete their tasks and meet the standards stipulated in the Law on Organization of People's Procuracy and have the need, may be considered for appointment as Senior Prosecutors.

Article 20. Prosecutors of the Supreme People's Procuracy

1. Source of Prosecutors of the Supreme People's Procuracy

a) Deputy Director of the Central Military Prosecutor's Office;

b) Senior Prosecutors.

2. Persons specified in Clause 1 of this Article, if they satisfactorily complete their tasks and meet the standards stipulated in the Law on Organization of People's Procuracy, may be considered for appointment as Prosecutors of the Supreme People's Procuracy.

Article 21. Inspectors of Various Ranks

1. Source of Inspectors of Various Ranks

a) Persons specified in Article 6 of this Circular;

b) Officers and Professional Soldiers currently working at Military Procuracy levels.

2. Persons specified in Clause 1 of this Article, if they satisfactorily complete their tasks and meet the conditions and standards for Inspectors of each rank stipulated by the Standing Committee of the National Assembly, may be considered for appointment as Inspectors of corresponding ranks.

Article 22. Heads and Deputy Heads of the Investigation Department of the Central Military Procuracy

1. Source of Head of the Investigation Department of the Central Military Procuracy

a) Deputy Head of the Investigation Department of the Central Military Procuracy;

b) Chief Prosecutor, Deputy Chief Prosecutor of Military Procuracy of Military Region and equivalent;

c) Deputy Head of Department, Deputy Director of Office of the Central Military Procuracy;

d) Senior Prosecutors and Senior Investigators.

2. Source of Deputy Head of the Investigation Department of the Central Military Procuracy

a) Deputy Director of the Military Prosecutor's Office in the military region and equivalent;

b) Chief Prosecutor of Military Procuracy of Military Region;

c) Head of the Military Prosecutor's Office in the military region and equivalent;

d) Senior Prosecutors and Senior Investigators.

3. Those persons specified in Clause 1 and Clause 2 of this Article, if they perform their assigned duties well, may be planned for, considered, and proposed for appointment as Head or Deputy Head of the Investigation Department of the Central Military Procuracy concurrently with Head or Deputy Head of Department.

Article 23. Investigators of various ranks of the Investigation Department of the Central Military Procuracy

1. Source of Senior Investigator

a) Intermediate Prosecutor, Intermediate Investigator;

b) Senior Inspector.

2. Source of Intermediate Investigator

a) Junior Prosecutor, Junior Investigator;

b) Principal Inspector.

3. Source of Junior Investigator

a) Inspectors;

b) Persons specified in Clause 1, Clause 2 of Article 6 of this Circular.

4. Those persons specified in Clause 1, 2, 3 of this Article, if they complete their tasks well and meet the conditions and standards of investigators of each rank as prescribed by laws on the organization of criminal investigation agencies, may be considered and proposed for appointment as investigators of corresponding ranks.

Article 24. Research Assistants of the Central Military Procuracy

1. Source of Research Assistant of the Central Military Procuracy

a) Procurator and Deputy Procurators of Regional Military Procuracy;

b) Head of the Military Prosecutor's Office in the military region and equivalent;

c) Junior, Intermediate, and Senior Prosecutors;

d) Intermediate Investigators and above.

2. Those persons specified in Clause 1 of this Article, if they have the ability to research, compile documents, provide opinions on draft laws and legal documents seeking opinions; organize and implement research topics and special studies, may be considered for appointment as Research Assistant of the Central Military Procuracy.

Article 25. Planning and Consolidation Assistants of the Central Military Procuracy

1. Source of Planning and Consolidation Assistant of the Central Military Procuracy

a) Junior and Intermediate Prosecutors, Investigators;

b) Principal Inspectors and above.

2. Those persons specified in Clause 1 of this Article, if they have the ability to monitor and manage planning work, consolidation; register, manage, and utilize data according to the system of business operations; be proficient in information technology, may be considered for appointment as Planning and Consolidation Assistant of the Central Military Procuracy.

Article 26. Criminal Statistics Assistants of the Central Military Procuracy

1. Source of Criminal Statistics Assistant of the Central Military Procuracy

a) Junior and Intermediate Prosecutors, Investigators;

b) Inspectors.

2. Those persons specified in Clause 1 of this Article, if they have the ability to implement, monitor, and inspect criminal statistics work; be proficient in information technology, may be considered for appointment as Criminal Statistics Assistant of the Central Military Procuracy.

Article 27. Information Technology Assistants of the Central Military Procuracy

1. Source of Information Technology Assistant of the Central Military Procuracy is officers who have graduated from regular university programs in information technology or higher, selected into the Military Procuracy according to Clause 3 of Article 6 of this Circular.

2. Those persons specified in Clause 1 of this Article, if they master principles, systems, regulations on management and use of information technology systems; have knowledge and professional skills in the field of information technology; have the ability to independently research and propose the development of some software programs; manage, exploit, and resolve military computer network issues, may be considered for appointment as Information Technology Assistant of the Central Military Procuracy.

Article 28. Human Resources Assistant, Training Assistant兼任干部档案管理助理的军事检察院中央人员

1. Source of Human Resources Assistant; Training Assistant兼任干部档案管理助理的军事检察院中央人员

a) Junior Prosecutors;

b) Inspector;

c) Junior Investigator;

d) Officer of the Vietnam People's Army selected to work at the Central Military Procuracy pursuant to Clause 3, Article 6 of this Circular.

2. Those persons specified in Paragraph 1 of this Article, who have the ability to research and propose; implement organizational and personnel business operations may be considered for appointment as Human Resources Assistant, Training Assistant兼任干部档案管理助理的军事检察院中央人员.

Article 29. Political Assistant of the Central Military Procuracy

1. The source of Political Assistant of the Central Military Procuracy is officers graduating from the Political Officer School or other officer schools but have been trained at the Political Academy or the Ho Chi Minh National Political Academy, selected into the Military Procuracy pursuant to Clause 3, Article 6 of this Circular.

2. Those persons specified in Paragraph 1 of this Article, who have the ability to perform tasks related to party work and political work in the military may be considered for appointment as Political Assistant of the Central Military Procuracy.

Chapter III
IMPLEMENTING PROVISIONS

Article 30. Effective Date

This Circular takes effect from November 12, 2015, and replaces Decision No. 145/2005/QĐ-BQP dated September 29, 2005, issued by the Minister of National Defense on regulations for the selection, training, development, and utilization of personnel in the Military Procuracy sector.

Article 31. Responsibility for Implementation

The Chief of General Staff, Director of the Political General Department, President of the Central Military Procuracy, Heads of agencies and units, and relevant individuals are responsible for implementing this Circular./.