Circular No. 177/2019/TT-BQP stipulates standards, conditions, procedures, and forms for appointing, relieving, and dismissing Coast Guard Police Officers and Investigators of the Vietnam Coast Guard, and sample Certificates of Coast Guard Police Officer and Investigator.

CIRCULAR

Article 24Prescribing standards, conditions, procedures, and processes for appointment, removal, dismissal, and sample Certificates of Police Officer and Detective of the Vietnam Coast Guard

Pursuant to the Law on the Vietnam Coast Guard dated November 19, 2018;

Pursuant to the Law on the Organization of Criminal Investigation Agencies dated November 26, 2015;

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

Pursuant to Decree No. 61/2019/NĐ-CP dated July 10, 2019 of the Government detailing certain provisions and implementing measures of the Law on the Vietnam Coast Guard;

Based on Decree No. 164/2017/NĐ-CP dated December 30, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Commander of the Vietnam Coast Guard;

The Minister of National Defense promulgates this Circular prescribing standards, conditions, procedures, and processes for appointment, removal, dismissal, and sample Certificates of Police Officer and Detective of the Vietnam Coast Guard.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular prescribes standards, conditions, procedures, and processes for appointment, removal, dismissal, and sample Certificates of Police Officer and Detective of the Vietnam Coast Guard.

Article 2. Applicability

This Circular applies to officers of the Vietnam Coast Guard, Police Officers, Detectives of the Vietnam Coast Guard, and related organizations and individuals.

Article 3. Explanation of Terms

1. A Police Officer is an officer of the Vietnam Coast Guard appointed in accordance with this Circular, performing tasks and exercising powers to handle administrative violations as prescribed by laws on handling administrative violations; collecting, analyzing, evaluating, forecasting, advising on the handling of situations regarding security, safety, sovereignty over seas and islands, criminal and law violation situations; preventing, detecting, combating, and stopping crimes as prescribed by laws on criminal matters and criminal procedure.

2. A Detective is an officer of the Vietnam Coast Guard appointed in accordance with this Circular, performing tasks of collecting, analyzing, evaluating, forecasting, advising on the handling of situations regarding security, safety, sovereignty over seas and islands, criminal and law violation situations; preventing, detecting, combating, and stopping crimes as prescribed by laws on criminal matters and criminal procedure.

3. Time spent in legal work shall be understood as follows:

a) It is the time counted from the point when a person with a university degree in Security, Police, Military Science Academy, or a bachelor's degree in law or higher is transferred to work in the Legal Affairs Department of the Vietnam Coast Guard, Investigation Departments, Security Protection Departments, Inspection Departments, Enforcement Departments, Courts, Prosecution Departments, Legal Departments;

b) A person without the qualifications specified in point a of this Clause must have at least five years of work experience in the Legal Affairs Department of the Vietnam Coast Guard before the time spent in legal work can begin to be counted.

Article 4. Principles for Appointment, Removal, and Dismissal of Police Officers and Detectives

1. Ensuring concentration of democracy, collective decision-making by the Party Committee, objectivity, transparency, and compliance with the standards, conditions, procedures, processes, and authority for appointment, removal, and dismissal of Police Officers and Detectives as prescribed in this Circular, Party regulations, Central Military Commission regulations, and relevant laws.

2. Ensuring stability, continuity, development, and enhancement of the quality and effectiveness of the Police Officer and Detective workforce in performing the functions, tasks, and powers of the Vietnam Coast Guard.

3. Ensuring professionalism and close alignment with practical requirements and mission implementation needs of the Vietnam Coast Guard.

4. Junior, middle, and senior level Police Officers and Detectives with the highest military rank shall be implemented according to the regulations of the Minister of National Defense on titles and the highest military ranks for technical-professional officers.

5. Officers of the Vietnam Coast Guard are selected for appointment and hold the position of Police Officer or Detective.

6. When Police Officers and Detectives are transferred or reassigned to work in agencies and units under the Vietnam Coast Guard Command, they may be considered for appointment as Police Officers or Detectives suitable for their positions and assigned tasks in accordance with the procedures and processes stipulated in Chapter IV of this Circular.

Article 5. Term of Office of Police Officer and Detective

The term of office of Police Officer and Detective shall be five (5) years, calculated from the date of appointment.

Article 6. Authority to Appoint, Relieve, Dismiss, Issue Certificates for Police Officers and Detectives

The Commander of the Vietnam Coast Guard decides on the appointment, reappointment, special appointment, relief, dismissal of Police Officers and Detectives; issuance, recovery, and regulation of management and use of certificates for Police Officers and Detectives.

Chapter II
STANDARDS, CONDITIONS FOR APPOINTMENT, RELIEF, DISMISSAL OF POLICE OFFICERS AND DETECTIVES OF THE VIETNAM COAST GUARD

Article 7. Standards for Appointment of Police Officer and Detective

1. Being a Vietnam Coast Guard officer currently serving, with a resolute spirit to protect the law; having good moral character, integrity, honesty, firm political stance; capable of independently resolving cases, maintaining principles and regulations of the Coast Guard's legal business.

2. Having a bachelor’s degree in Security, Police, Military Science Academy, or Law.

3. Having experience in legal work as stipulated in this Circular.

4. Having health sufficient to fulfill assigned tasks.

5. In case of necessity for personnel work of Coast Guard agencies and units, persons with bachelor’s degrees in other fields who meet the standards prescribed in Clauses 1, 3, and 4 of this Article may be appointed as Police Officers and Detectives.

Article 8. Conditions for Appointment of Junior Police Officer

Persons meeting the standards prescribed in Article 7 of this Circular and satisfying the following conditions may be appointed as Junior Police Officer:

1. Having at least two (2) years of experience in legal work.

2. Possessing the ability to handle administrative violations according to laws on handling administrative violations; collecting, analyzing, evaluating, forecasting, advising on measures regarding security, safety, maritime sovereignty, crime situation, law violations; conducting some investigative activities according to criminal procedure laws for less serious, serious crimes as defined by criminal laws.

Article 9. Conditions for Appointment of Mid-Level Police Officer

1. Persons meeting the standards prescribed in Article 7 of this Circular and satisfying the following conditions may be appointed as Mid-Level Police Officer:

a) Having served as a Junior Police Officer for at least five (5) years;

b) Possessing the ability to handle administrative violations according to laws on handling administrative violations; collecting, analyzing, evaluating, forecasting, advising on campaign-level measures regarding security, safety, maritime sovereignty, crime situation, law violations; conducting some investigative activities according to criminal procedure laws for very serious, extremely serious crimes as defined by criminal laws;

c) Possessing the ability to guide professional matters for Junior Police Officers.

2. In case of persons meeting the standards prescribed in Article 7 of this Circular and points b and c of Clause 1 of this Article, having at least seven (7) years of experience in legal work, based on the need for personnel of Coast Guard agencies and units, they may be appointed as Mid-Level Police Officer.

Article 10. Conditions for appointing Senior Police Officers

1. Persons meeting the criteria stipulated in Article 7 of this Circular and possessing the following conditions may be appointed as Senior Police Officers:

a) Having served as a Mid-level Police Officer for at least five (5) years;

b) Possessing the ability to handle administrative violations in accordance with laws on handling administrative violations; collecting, analyzing, evaluating, forecasting, advising on strategic measures regarding security, safety, maritime sovereignty, crime situations, and law violations; conducting certain investigative activities according to criminal procedure laws for very serious, especially serious, and complex crimes as prescribed by criminal laws;

c) Possessing the ability to research, synthesize, advise, and propose measures to prevent and combat crime and law violations;

d) Possessing the ability to guide professional duties for Mid-level Police Officers.

2. In cases where persons meet the criteria stipulated in Article 7 of this Circular and points b, c, and d of Clause 1 of this Article, having worked in legal affairs for twelve (12) years or more, based on the staffing needs of the Marine Police agency or unit, they may be appointed as Senior Police Officers.

Article 11. Conditions for appointing Junior Intelligence Officers

Persons meeting the criteria stipulated in Article 7 of this Circular and possessing the following conditions may be appointed as Junior Intelligence Officers:

1. Having at least two (2) years of experience in legal work.

2. Possessing the ability to perform tasks of collecting, analyzing, evaluating, forecasting, advising on measures to address security, safety, maritime sovereignty, crime situations, and law violations; preventing, detecting, combating, and stopping crime prevention and suppression according to criminal laws and criminal procedure laws.

Article 12. Conditions for appointing Mid-level Intelligence Officers

1. Persons meeting the criteria stipulated in Article 7 of this Circular and possessing the following conditions may be appointed as Mid-level Intelligence Officers:

a) Having served as a Junior Intelligence Officer for at least five (5) years;

b) Possessing the ability to perform tasks of collecting, analyzing, evaluating, forecasting, advising on campaign-level measures regarding security, safety, maritime sovereignty, crime situations, and law violations; preventing, detecting, combating, and stopping crime prevention and suppression according to criminal laws and criminal procedure laws;

c) Possessing the ability to guide professional duties for Junior Intelligence Officers.

2. In cases where persons meet the criteria stipulated in Article 7 of this Circular and points b and c of Clause 1 of this Article, having worked in legal affairs for seven (7) years or more, based on the staffing needs of the Marine Police agency or unit, they may be appointed as Mid-level Intelligence Officers.

Article 13. Conditions for appointing Senior Intelligence Officers

1. Persons meeting the criteria stipulated in Article 7 of this Circular and possessing the following conditions may be appointed as Senior Intelligence Officers:

a) Having served as a Mid-level Intelligence Officer for at least five (5) years;

b) Possessing the ability to perform tasks of collecting, analyzing, evaluating, forecasting, advising on strategic measures regarding security, safety, maritime sovereignty, crime situations, and law violations; preventing, detecting, combating, and stopping crime prevention and suppression according to criminal laws and criminal procedure laws;

c) Possessing the ability to research, synthesize, advise, and propose measures to prevent and combat crime and law violations;

d) Possessing the ability to guide professional duties for Mid-level Intelligence Officers.

2. In cases where persons meet the criteria stipulated in Article 7 of this Circular and points b, c, and d of Clause 1 of this Article, having worked in legal affairs for twelve (12) years or more, based on the staffing needs of the Marine Police agency or unit, they may be appointed as Senior Intelligence Officers.

Article 14. Conditions for appointing Police Officers and Investigators in special cases

1. In special cases, officers assigned to work at maritime police agencies who do not meet the conditions stipulated in point a, Clause 1, Article 9 and point a, Clause 1, Article 10 of this Circular but satisfy the standards set out in Clauses 1, 2, and 4 of Article 7; point b, Clause 1 of Article 8; point b and c, Clause 1 of Article 9; point b, c, and d, Clause 1 of Article 10 may be appointed as junior or senior Police Officers.

2. In special cases, officers assigned to work at maritime police agencies who do not meet the conditions stipulated in point a, Clause 1, Article 12 and point a, Clause 1, Article 13 of this Circular but satisfy the standards set out in Clauses 1, 2, and 4 of Article 7; point b, Clause 1 of Article 12; point b, c, Clause 1 of Article 13 may be appointed as junior or senior Investigators.

Article 15. Conditions for reappointing Police Officers and Investigators

Police Officers and Investigators, after completing their term of office or transferring to other positions as provided for in Clause 6, Article 4 of this Circular, may be reappointed if they meet the following criteria and conditions:

1. Not violating discipline and fulfilling their duties and responsibilities.

2. Meeting the appointment criteria for Police Officers and Investigators as prescribed in this Circular.

3. The maritime police agency has a need to continue using them.

Article 16. Dismissal of Police Officers and Investigators

1. Police Officers and Investigators may be dismissed due to health reasons or other reasons deemed unable to fulfill their tasks.

2. Police Officers and Investigators are automatically dismissed upon retirement or transfer to another position.

3. Police Officers and Investigators lose their titles automatically if convicted by a court judgment with legal effect or disciplined with the demotion of rank.

Article 17. Removal from Office of Police Officers and Investigators

Police Officers and Investigators may be removed from office in any of the following cases:

1. Violating provisions of Article 7 of the Law on Vietnam Marine Police or Article 14 of the Law on Organization of Criminal Investigation Agencies.

2. Violating discipline and being punished with a warning or higher level of punishment while performing tasks to combat crime and violations of law.

3. Violating moral and ethical standards.

Chapter III
SELECTION BOARD FOR POLICE OFFICERS AND INVESTIGATORS OF THE VIETNAM MARITIME POLICE

Article 18. Selection Board for Police Officers and Investigators

1. Composition of the Selection Board includes:

a) The Political Commissar of the Vietnam Maritime Police serves as Chairman of the Board;

b) The Deputy Commander for Legal Affairs of the Vietnam Maritime Police serves as Vice-Chairman in charge of the Board;

c) The Deputy Political Commissar of the Vietnam Maritime Police serves as Vice-Chairman of the Board;

d) A representative from the Cadre Department, General Political Department serves as a member;

đ) A representative from the Legal Department, Ministry of National Defense serves as a member;

e) A representative from the General Staff, Command of the Vietnam Maritime Police serves as a member;

g) A representative from the Political Department, Command of the Vietnam Maritime Police serves as a member;

h) A representative from the Operations and Legal Department, Command of the Vietnam Maritime Police serves as a member;

i) The Head of the Legal Division, Operations and Legal Department, Command of the Vietnam Maritime Police serves as a member and Secretary.

2. The Commander of the Vietnam Maritime Police decides to establish the Selection Board for Police Officers and Investigators (hereinafter referred to as the Selection Board).

Article 19. Duties and Authorities of the Selection Council

1. Advise the Commander of the Vietnam Coast Guard on the appointment, removal, and dismissal of Coast Guardsmen and Investigators.

2. Organize the selection process, propose to the Commander of the Vietnam Coast Guard for decisions on appointments, reappointments, special appointments, removals, and dismissals of Coast Guardsmen and Investigators.

3. Guide Coast Guard agencies and units on the procedures and formalities for the appointment, removal, and dismissal of Coast Guardsmen and Investigators.

4. Resolve complaints and denunciations in accordance with the law.

5. The Chairman of the Selection Council promulgates the Operational Regulations of the Selection Council.

Article 20. Permanent Office of the Selection Council

The Department of Operations and Law under the Command of the Vietnam Coast Guard is the Permanent Office of the Selection Council, with the following duties:

1. Advise the Selection Council on the appointment, removal, and dismissal of Coast Guardsmen and Investigators.

2. Prepare content, programs, and ensure conditions for the activities of the Selection Council.

3. Receive and review applications for the appointment, removal, and dismissal of Coast Guardsmen and Investigators from Coast Guard agencies and units.

4. Receive complaints and denunciations related to appointments, removals, and dismissals.

5. Monitor, inspect, and urge agencies and units to implement the guidance of the Selection Council.

6. Implement regular and extraordinary reporting systems to the Selection Council as prescribed by law.

7. Perform other tasks assigned by the Selection Council.

Article 21. Operating Budget of the Selection Council

1. The operating budget of the Selection Council is guaranteed by the state budget and allocated within the annual budget estimate of the Command of the Vietnam Coast Guard.

2. Annually, the Permanent Office of the Selection Council prepares a budget estimate for guaranteeing funds; uses and settles accounts according to the laws on the state budget and regulations of the Minister of National Defense.

Chapter IV
PROCEDURES AND FORMALITIES FOR APPOINTMENTS, REMOVALS, AND DISMISSALS OF COAST GUARDSMEN AND INVESTIGATORS OF THE VIETNAM COAST GUARD

Article 22. Procedures and Formalities for Appointments and Application Forms

1. Procedures and Formalities for Appointments

a) Coast Guard agencies examine and prepare application forms for the appointment of Coast Guardsmen and Investigators, submit them through party committees to the Selection Council;

b) The Permanent Office of the Selection Council reviews application forms for the appointment of Coast Guardsmen and Investigators submitted by Coast Guard agencies and units, compile and report to the Selection Council;

c) The Selection Council convenes meetings to examine application forms for the appointment of Coast Guardsmen and Investigators;

d) Based on the results of the examination meeting of application forms for the appointment of Coast Guardsmen and Investigators, the Selection Council reports to the Standing Committee of the Party Central Committee of the Command of the Vietnam Coast Guard;

đ) The Standing Committee of the Party Central Committee of the Command of the Vietnam Coast Guard approves the report on the examination results of application forms for the appointment of Coast Guardsmen and Investigators by the Selection Council;

e) Based on the approval results of the Standing Committee of the Party Central Committee of the Command of the Vietnam Coast Guard, the Selection Council proposes to the Commander of the Vietnam Coast Guard for decisions on the appointment of Coast Guardsmen and Investigators.

2. Application Forms for Appointment Include:

a) A letter from the Coast Guard agency proposing the appointment of Coast Guardsmen and Investigators;

b) An evaluation of the work performance of the Coast Guard agency regarding the individual proposed for appointment;

c) A list of officers proposed for appointment to the positions of Coast Guardsman and Investigator;

d) A brief resume (extract 63) of the officer proposed for appointment with a 4x6 cm photo attached, extracted by the personnel department;

đ) Certified copies of relevant diplomas and certificates;

e) Two summer uniform photos without hats, size 2 cm x 3 cm;

g) Other documents and materials required by the Selection Council.

3. Deadline for Submitting Application Forms and Letters Proposing Appointments

a) First round before March 5 each year;

b) Second round before September 5 each year.

Article 23. Procedures, formalities, and files for reappointment and special appointment

1. The procedures and formalities for reappointment and special appointment shall be carried out in accordance with the provisions of Clause 1, Article 22 of this Circular.

2. File for reappointment request:

a) At the end of the term, it shall be carried out in accordance with the provisions of Clause 2, Article 23 of this Circular, accompanied by the decision on transfer and appointment and the Certificate of Police Officer, Investigator of the previous term;

b) Before the end of the term, it shall be carried out in accordance with the provisions of point a of this Clause, accompanied by the decision on transfer and appointment.

3. File for special appointment request shall be carried out in accordance with the provisions of Clause 2, Article 22 of this Circular, accompanied by the decision on transfer and appointment.

4. The deadline for submitting files and letters requesting reappointment and special appointment shall be carried out in accordance with the provisions of Clause 3, Article 22 of this Circular.

Article 24. Procedures, formalities, and files for removal and dismissal

1. Procedures and formalities for removal and dismissal

a) The agency or unit of the Coast Guard examines and establishes the file to propose the removal and dismissal of Police Officers and Investigators of the Vietnam Coast Guard, through the Party Committee and sends it to the Selection Board;

b) The Standing Office of the Selection Board reviews the file proposing the removal and dismissal of the agency or unit of the Coast Guard and compiles, reports to the Selection Board;

c) The Selection Board convenes a meeting, examines the file proposing the removal and dismissal of Police Officers and Investigators of the Vietnam Coast Guard;

d) Based on the results of the examination of the file proposing the removal and dismissal of Police Officers and Investigators, the Selection Board reports to the Standing Committee of the Party Central Committee of the Vietnam Coast Guard Command;

đ) The Standing Committee of the Party Central Committee of the Vietnam Coast Guard Command approves the Report on the results of examining the file proposing the removal and dismissal of Police Officers and Investigators of the Selection Board;

e) Based on the approval result of the Standing Committee of the Party Central Committee of the Vietnam Coast Guard Command, the Selection Board requests the Commander of the Vietnam Coast Guard to decide on the removal and dismissal of Police Officers and Investigators of the Vietnam Coast Guard.

2. File for removal and dismissal request

a) Letter from the agency or unit of the Coast Guard proposing the removal and dismissal of Police Officers and Investigators of the Vietnam Coast Guard;

b) Evaluation of work performance of the agency or unit regarding the individual proposed for removal and dismissal;

c) List of cadres proposed for removal and dismissal as Police Officers and Investigators of the Vietnam Coast Guard;

d) Curriculum vitae (extract 63) of the cadre proposed for removal and dismissal, with a 4 cm x 6 cm photo attached, extracted by the cadre office;

đ) Original Certificate of Police Officer, Investigator of the Vietnam Coast Guard;

e) Copy of the decision appointing Police Officer, Investigator of the Vietnam Coast Guard;

g) Copy of disciplinary decision, retirement decision, job transfer decision (if any);

h) Other documents and materials required by the Selection Board;

i) No file for removal shall be established for cases of automatic removal according to the provisions of Clauses 2 and 3, Article 16 of this Circular.

3. Deadline for submitting files and letters requesting removal and dismissal

a) First round before March 5 each year;

b) Second round before September 5 each year.

Chapter V
CERTIFICATE OF POLICE OFFICER, INVESTIGATOR

Article 25. Sample of the Certificate for Police Officers and Investigators

1. The certificate is rectangular, produced from plastic material, with a thin transparent film covering both sides, measuring 55 mm wide and 85 mm long.

2. The certificate has two sides, specified as follows:

a) Front side

- Background color is light yellow, with the insignia of the Vietnam Coast Guard Police embedded in the center. At the very top, centered, are two lines of capitalized letters in bold, size 12, font Times New Roman:

VIETNAM COAST GUARD

VIETNAM COAST GUARD

The subsequent lines contain information about the person receiving the certificate: Number/Number; Full Name/Full Name; Officer Number/Officer Number; Unit/Unit (font Times New Roman, size 8); Junior Police Officer, Intermediate Police Officer, Senior Police Officer/Junior Investigator, Mid-level Investigator, Senior Investigator; Junior Detective, Intermediate Detective, Senior Detective.

- Below the information section is the line: Authorized to perform crime prevention and control according to the law (font Times New Roman, size 7, bold).

- In the bottom right corner is the line “Hanoi, day/M...month/Y...year/X...” (font Times New Roman, italic, size 6); the line below is “Commandant of the Vietnam Coast Guard Police/Commandant” (font Times New Roman, italic, size 6, bold).

- In the bottom left corner is the line “Valid until/Date of Expiry:” (font Times New Roman, size 4, regular).

b) Back side

Background color is red, with a raised emblem of the National Emblem within a frame, diameter 25 mm;

Above the National Emblem are two lines of capitalized letters in bold, size 10.5, yellow color, font Times New Roman:

SOCIALIST REPUBLIC OF VIET NAM

SOCIALIST REPUBLIC OF VIETNAM

Below the National Emblem are two lines of capitalized letters in bold, size 10, yellow color, font Times New Roman:

POLICE OFFICER CERTIFICATE/DETECTIVE CERTIFICATE

INVESTIGATOR IDENTIFICATION/SUPERINTENDENT IDENTIFICATION

c) The sample of the Certificate for Police Officers and Detectives of the Vietnam Coast Guard Police is accompanied by an Appendix issued under this Circular.

Article 26. Validity Period of the Certificate for Police Officers and Detectives

1. The validity period of the Certificate for Police Officers and Detectives is five (5) years, calculated from the date the Commandant of the Vietnam Coast Guard Police decides to appoint Police Officers and Detectives.

2. The Certificate for Police Officers and Detectives will be recalled upon expiration of its validity period or in cases where Police Officers and Detectives are relieved of duty or dismissed according to the provisions of this Circular.

Chapter VI
IMPLEMENTING PROVISIONS

Article 27. Effective Date

1. This Circular takes effect from January 16, 2020.

2. Circular No. 94/2010/TT-BQP dated July 12, 2010, issued by the Minister of Defense, which stipulates standards, procedures for appointment, relief of duty, and the format of the Certificate for Police Officers and Detectives of the Vietnam Coast Guard Police, ceases to be effective from the date this Circular takes effect.

Article 28. Responsibility for Implementation

The Commandant of the Vietnam Coast Guard Police, heads of agencies, units, organizations, and individuals concerned are responsible for implementing this Circular./.

ANNEX

SAMPLE OF THE CERTIFICATE FOR POLICE OFFICERS AND DETECTIVES

OF THE VIETNAM COAST GUARD POLICE
(Issued together with Circular No. 177/2019/TT-BQP

dated November 30, 2019, issued by the Minister of Defense)

Model No. 1 (front side)

Model No. 2 (back side)