Circular No. 183/2019/TT-BQP stipulates on the organizational structure of agencies managing criminal enforcement and criminal enforcement agencies within the Military.

 

CIRCULAR

Regulations on the organizational structure of agencies managing enforcement of criminal sentences and agencies enforcing criminal sentences in the Military

 in accordance with the Criminal Enforcement Law dated June 14, 2019;

                                   

On the basis of The Minister of National Defense issues this Circular to regulate the organizational structure of agencies managing enforcement of criminal sentences under the Ministry of National Defense and agencies enforcing criminal sentences at military regions.

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 Director of the Criminal Investigation Department under the Ministry of National Defense;

This Circular stipulates the system of organization, tasks, powers, standards, subjects, procedures, formalities, authority for appointment, removal, and dismissal of officers in agencies managing enforcement of criminal sentences under the Ministry of National Defense and agencies enforcing criminal sentences at military regions.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

2. Agencies enforcing criminal sentences at military regions.

Article 2. Applicability

1. Criminal enforcement management agencies under the Ministry of National Defense.

3. Agencies, units, organizations, and individuals related to the enforcement of criminal sentences in the Military.

ORGANIZATION, TASKS, POWERS OF AGENCIES MANAGING ENFORCEMENT OF CRIMINAL SENTENCES UNDER THE MINISTRY OF NATIONAL DEFENSE AND AGENCIES ENFORCING CRIMINAL SENTENCES AT MILITARY REGIONS

Chapter II
ORGANIZATION, DUTIES, AND POWERS OF THE CRIMINAL EXECUTION AGENCY UNDER THE MINISTRY OF NATIONAL DEFENSE, AND THE CRIMINAL EXECUTION AGENCY AT THE MILITARY REGION LEVEL

 CRIMINAL EXECUTION AGENCY UNDER THE MINISTRY OF NATIONAL DEFENSE,

 CRIMINAL EXECUTION AGENCY AT THE MILITARY REGION LEVEL

Article 3. Agencies managing enforcement of criminal sentences under the Ministry of National Defense

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

2. The agency managing enforcement of criminal sentences under the Ministry of National Defense includes:

a) Head and Deputy Heads;

b) Supporting agencies are the Detention and Criminal Enforcement Management Office;

c) Criminal enforcement officers.

3. The agency managing enforcement of criminal sentences under the Ministry of National Defense shall use a seal with the name "Ministry of National Defense - Agency Managing Criminal Enforcement".

Article 4. Tasks and powers of the agency managing enforcement of criminal sentences under the Ministry of National Defense

1. Implement as prescribed in Article 13 of the Criminal Enforcement Law.

2. Guide, direct, and inspect the professional activities of forces assigned the task of judicial support in the Military as prescribed by law.

Article 5. Agencies enforcing criminal sentences at military regions

1. Agencies enforcing criminal sentences at military regions include:

a) The agency enforcing criminal sentences at a military region is the Criminal Investigation Office of the military region;

b) The agency enforcing criminal sentences at the 3rd Corps is the Criminal Investigation Office of the 3rd Corps;

c) The agency enforcing criminal sentences in Hanoi is the Detention and Criminal Enforcement Management Office under the Criminal Investigation Department of the Ministry of National Defense.

2. Agencies enforcing criminal sentences at military regions include:

a) Head and Deputy Heads;

b) Criminal enforcement officers.

3. Agencies enforcing criminal sentences at military regions shall use a seal with the name "Military Region (Corps) - Agency Enforcing Criminal Sentences"; the Detention and Criminal Enforcement Management Office shall use a seal with the name "Criminal Investigation Department of the Ministry of National Defense - Agency Enforcing Criminal Sentences in Hanoi Capital".

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

1. Agencies enforcing criminal sentences at military regions shall perform the tasks and powers prescribed in Article 15 of the Criminal Enforcement Law. The scope of tasks among agencies enforcing criminal sentences at military regions is divided as follows:

a) The agency enforcing criminal sentences at a military region organizes the enforcement of criminal sentence decisions of the Military Court within its jurisdiction; receives, manages files, and organizes enforcement for cases transferred from other agencies enforcing criminal sentences, except those within the purview of the agency enforcing criminal sentences at the 3rd Corps;

b) The agency enforcing criminal sentences at the 3rd Corps organizes the enforcement of criminal sentence decisions of the Military Court regarding capital punishment and imprisonment when the convicted person is detained at a temporary detention center of the corps; manages persons granted conditional early release, enforces imprisonment for persons sentenced to suspended sentences or non-custodial reform when they are outside detention, and enforces such sentences when the convicted person is working or managed by units under the corps;

c) The agency enforcing criminal sentences in Hanoi organizes the enforcement of criminal sentence decisions of the Military Court within the Hanoi jurisdiction, except those within the purview of the agency enforcing criminal sentences at the 3rd Corps.

2. Manage, direct, and inspect the professional activities of forces assigned the task of judicial support under their jurisdiction during the performance of their duties.

Chapter III
STANDARDS FOR CRIMINAL ENFORCEMENT OFFICERS; AUTHORITY, PROCEDURES, AND FORMALITIES FOR APPOINTMENT, REMOVAL, AND DISMISSAL OF HEADS AND DEPUTY HEADS OF AGENCIES MANAGING ENFORCEMENT OF CRIMINAL SENTENCES UNDER THE MINISTRY OF NATIONAL DEFENSE AND AGENCIES ENFORCING CRIMINAL SENTENCES AT MILITARY REGIONS

Article 7. Standards for criminal enforcement officers

1. An officer of the Vietnam People's Army.

2. Graduated from one of the academies: People's Police Academy, People's Security Academy, or Law University.

3. Received political and military training as prescribed, with practical experience in detention and criminal enforcement work.

Article 8. Appointment, removal, and dismissal of Heads and Deputy Heads of criminal enforcement management agencies under the Ministry of National Defense, and Heads and Deputy Heads of criminal enforcement agencies at military region level

1. Recipients

a) The Director and Deputy Director of the Criminal Investigation Department responsible for criminal enforcement work shall be appointed as Heads and Deputy Heads of criminal enforcement management agencies under the Ministry of National Defense;

b) The Head and Deputy Head of the Military Region Criminal Investigation Department shall be appointed as Heads and Deputy Heads of criminal enforcement agencies at military region level;

c) The Head and Deputy Head of the Criminal Investigation Department of the 3rd Corps shall be appointed as Heads and Deputy Heads of criminal enforcement agencies of the 3rd Corps;

d) The Head and Deputy Head of the Detention Management and Criminal Enforcement Department under the Criminal Investigation Department of the Ministry of National Defense shall be appointed as Heads and Deputy Heads of criminal enforcement agencies in Hanoi Capital.

2. Authority

The Minister of National Defense decides on the appointment, removal, and dismissal of Heads and Deputy Heads of criminal enforcement management agencies under the Ministry of National Defense, and Heads and Deputy Heads of criminal enforcement agencies at military region level.

Article 9. Removal and Dismissal of Heads and Deputy Heads of criminal enforcement management agencies under the Ministry of National Defense, and Heads and Deputy Heads of criminal enforcement agencies at military region level

1. Heads and Deputy Heads of criminal enforcement management agencies under the Ministry of National Defense, and Heads and Deputy Heads of criminal enforcement agencies at military region level shall be removed in the following cases:

a) Automatically removed when transferred to other duties or cease service;

b) Due to health reasons, family circumstances, or other reasons deemed unable to fulfill their duties.

2. Heads and Deputy Heads of criminal enforcement management agencies under the Ministry of National Defense, and Heads and Deputy Heads of criminal enforcement agencies at military region level shall be dismissed if convicted by a valid court martial judgment or disciplined by demotion, dismissal with reduction in rank, deprivation of officer rank, or deprivation of military status.

Article 10. Procedures and formalities for proposing the appointment, removal, and dismissal of Heads and Deputy Heads of criminal enforcement management agencies under the Ministry of National Defense, and Heads and Deputy Heads of criminal enforcement agencies at military region level

1. The Criminal Investigation Department of the Ministry of National Defense is responsible for:

a) Receiving, compiling, and reviewing files for the appointment, removal, and dismissal of Heads and Deputy Heads of criminal enforcement management agencies under the Ministry of National Defense, and Heads and Deputy Heads of criminal enforcement agencies at military region level, as proposed by the Military Region Party Committee, the 3rd Corps, and the Criminal Investigation Department of the Ministry of National Defense;

b) Checking the file and process; reporting to the Criminal Investigator Recruitment Board of the Ministry of National Defense along with the file for the appointment, removal, and dismissal of Heads and Deputy Heads of criminal enforcement management agencies under the Ministry of National Defense, and Heads and Deputy Heads of criminal enforcement agencies at military region level.

2. The Criminal Investigator Recruitment Board of the Ministry of National Defense reviews and proposes the Minister of National Defense to appoint, remove, and dismiss Heads and Deputy Heads of criminal enforcement management agencies under the Ministry of National Defense, and Heads and Deputy Heads of criminal enforcement agencies at military region level, while also regarding the proposal for the appointment, removal, and dismissal of Heads and Deputy Heads of criminal investigation agencies at various levels.

3. The file for the appointment, removal, and dismissal includes:

a) A letter of proposal from the Head of the subordinate unit under the Ministry of National Defense;

b) A summary of the curriculum vitae (Form T63) extracted by the personnel department;

c) A list of personnel (Form DS84) established by the Military Region Criminal Investigation Department and equivalent units, confirmed by the Head of the investigation department and the Head of the personnel department;

d) Certified copies of relevant diplomas and certificates;

đ) Photocopies of decisions on appointment and transfer of personnel;

e) Documents related to removal and dismissal.

Chapter IV
IMPLEMENTING PROVISIONS

Article 11. Effective Date

This Circular takes effect from January 22, 2020, and replaces Circular No. 101/2012/TT-BQP dated September 28, 2012, issued by the Minister of National Defense, concerning criminal enforcement management agencies, criminal enforcement agencies, and agencies and units entrusted with certain criminal enforcement tasks in the Military.

Article 12. Responsibility for Implementation

1. The Chief of General Staff, Director of the General Political Department, Heads of agencies and units, and individuals concerned are responsible for implementing this Circular.

2. The Director of the Criminal Investigation Department shall take the lead and coordinate with the Heads of relevant agencies and units to implement this Circular.