Decision No. 211/2005/QĐ-BQP On standards, appointment, reappointment, removal from office, and dismissal of Heads and Deputy Heads of Military Region Enforcement Agencies and Naval Forces Enforcement Agencies

Pursuant to …;

Regarding standards for appointment, reappointment, removal, and dismissal of Heads and Deputy Heads of enforcement agencies in military regions and the Navy Command

Navy Command

MINISTER OF NATIONAL DEFENSE

Pursuant to the Law on Enactment of Legal Normative Documents dated November 12, 1996, amended and supplemented on December 16, 2002;

Pursuant to Decree No. 30/2004/NĐ-CP dated January 16, 2004 of the Government on functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to the Ordinance on Civil Enforcement dated January 14, 2004;

Pursuant to Decree No. 50/2005/NĐ-CP dated April 11, 2005 of the Government on management agencies, civil enforcement agencies, and civil enforcement officers;

At the proposal of the Director of the Civil Enforcement Department under the Ministry of National Defense,

DECISION:

Article 1. Standards for appointment of Heads and Deputy Heads of enforcement agencies in military regions and the Navy Command (hereinafter referred to as enforcement agencies at the military region level)

1. Must be a Civil Enforcement Officer at the military region level (In cases where officers from the Civil Enforcement Department under the Ministry of National Defense, investigation agencies, prosecution agencies, courts, inspection agencies, security agencies, and legal affairs agencies within the military are transferred to work at enforcement agencies at the military region level and appointed to the position of Head or Deputy Head, such individuals must be appointed to the title of Civil Enforcement Officer in accordance with the Ordinance on Civil Enforcement in 2004);

2. Must have management and operational capabilities for enforcement agencies at the military region level, specifically:

a) Possess the ability to perform the duties and powers of Heads and Deputy Heads of enforcement agencies at the military region level as stipulated in Article 16 of the Ordinance on Civil Enforcement in 2004 and Article 29 of Decree No. 50/2005/NĐ-CP dated April 11, 2005 of the Government on management agencies, civil enforcement agencies, and civil enforcement officers;

b) Possess the ability to manage and operate enforcement agencies at the military region level to fulfill the duties and powers prescribed in Article 14 of Decree No. 50/2005/NĐ-CP dated April 11, 2005 of the Government on management agencies, civil enforcement agencies, and civil enforcement officers; and perform other duties and powers as prescribed by the Ministry of National Defense and assigned by the Commander of the military region.

Article 2. Grounds for removal of Heads and Deputy Heads of enforcement agencies at the military region level

1. Heads and Deputy Heads of enforcement agencies at the military region level shall be automatically removed from their positions as Heads and Deputy Heads of enforcement agencies in the following circumstances:

a) Not being reappointed as a Civil Enforcement Officer at the military region level upon completion of the term as a Civil Enforcement Officer;

b) Being removed from the title of Civil Enforcement Officer at the military region level;

2. The removal of Heads and Deputy Heads of enforcement agencies at the military region level shall be carried out in the following circumstances:

a) Due to family circumstances or health conditions that make it impossible to ensure the fulfillment of assigned tasks;

b) Due to transfer to another job;

c) Entitlement to retirement benefits;

d) Violating discipline without reaching the level requiring application of the disciplinary measure of dismissal but no longer meeting the conditions to serve as Head or Deputy Head of enforcement agencies at the military region level;

e) Other circumstances where it is deemed that Heads and Deputy Heads of enforcement agencies at the military region level cannot undertake or fulfill their assigned tasks.

Article 3. Grounds for dismissal of Heads and Deputy Heads of enforcement agencies at the military region level

1. Heads and Deputy Heads of enforcement agencies at the military region level shall be automatically dismissed from their positions as Heads and Deputy Heads of enforcement agencies when convicted by a court judgment or decision that has legal effect;

2. Heads and Deputy Heads of enforcement agencies at the military region level shall be dismissed from their positions as Heads and Deputy Heads of enforcement agencies in the following circumstances:

a) Intentionally failing to issue enforcement decisions or issuing enforcement decisions contrary to the law;

b) Violating legal provisions during the enforcement process without reaching the level of criminal liability but deemed necessary for dismissal from the position of Head or Deputy Head of enforcement agencies at the military region level.

Article 4. Appointment, reappointment, removal, and dismissal of Heads and Deputy Heads of enforcement agencies at the military region level

The appointment, reappointment, removal, and dismissal of Heads and Deputy Heads of enforcement agencies at the military region level shall be carried out in accordance with the Ordinance on Civil Enforcement in 2004 and Clause 2 of Article 30 of Decree No. 50/2005/NĐ-CP dated April 11, 2005 of the Government on management agencies, civil enforcement agencies, and civil enforcement officers, and the following provisions:

1. The appointment, reappointment, removal, and dismissal of Heads and Deputy Heads of enforcement agencies at the military region level shall be decided by the Minister of National Defense based on the proposal of the Director of the Civil Enforcement Department under the Ministry of National Defense.

2. The Personnel Department Heads of military regions and the Navy Command shall cooperate with the Organization and Cadre Department Heads of the Civil Enforcement Department under the Ministry of National Defense to prepare lists and complete files for the appointment, reappointment, removal, and dismissal of Heads and Deputy Heads of enforcement agencies at the military region level; the files for the appointment, reappointment, removal, and dismissal of Heads and Deputy Heads of enforcement agencies at the military region level must be approved by the Head of the military region or the Navy Command and sent to the Civil Enforcement Department under the Ministry of National Defense for consolidation and recommendation.

3. The Director of the Civil Enforcement Department under the Ministry of National Defense shall be responsible for preparing the list for the appointment, reappointment, removal, and dismissal of Heads and Deputy Heads of enforcement agencies at the military region level. The list for the appointment, reappointment, removal, and dismissal of Heads and Deputy Heads of enforcement agencies at the military region level must be reviewed and approved by the Head of the Political General Department.

Article 5. Files for the appointment, reappointment, removal, and dismissal of Heads and Deputy Heads of enforcement agencies at the military region level

The Director of the Civil Enforcement Department under the Ministry of National Defense shall provide detailed guidance on procedures and files for the appointment, reappointment, removal, and dismissal of Heads and Deputy Heads of enforcement agencies at the military region level after coordinating with the Director of the Cadre Department under the Political General Department.

Article 6. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 7. The Chief of General Staff, Director of the Political General Department, Commander of Military Region, Commander of the Navy Force, Director of the Enforcement Bureau, Director of the Cadres and Personnel Bureau, and Commanders of relevant agencies and units are responsible for implementing this Decision./.