Circular No. 25/2012/TT-BCA on Heads and Deputy Heads of Criminal Enforcement Management Agencies and Criminal Enforcement Agencies within the People's Public Security Forces

CIRCULAR

Provisions on the Head and Deputy Head of the Criminal Enforcement Management Agency,

Criminal Enforcement Agencies within the People's Public Security Force

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Based on the Criminal Enforcement Law 2010;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Upon the proposal of the Director of the Criminal Enforcement and Judicial Assistance General Department and the Head of the Legal Affairs Department;

The Minister of Public Security issues the Circular stipulating the provisions on the Head and Deputy Head of the Criminal Enforcement Management Agency, Criminal Enforcement Agencies within the People's Public Security Force as follows:

Article 1. Scope of Regulation

This Circular stipulates the subjects eligible for appointment, authority, procedures, and formalities for appointing the Head and Deputy Head of the Criminal Enforcement Management Agency under the Ministry of Public Security, the Head and Deputy Head of the Criminal Enforcement Agency of the provincial-level public security force, the Head and Deputy Head of the Criminal Enforcement Agency of the district-level public security force (collectively referred to as the Criminal Enforcement Agency of the provincial-level public security force), the Head and Deputy Head of the Criminal Enforcement Agency of the district-level public security force; seals of the Criminal Enforcement Management Agency under the Ministry of Public Security, the Criminal Enforcement Agency of the provincial-level public security force, the Criminal Enforcement Agency of the district-level public security force.

Article 2. Applicability

This Circular applies to the Criminal Enforcement Management Agency under the Ministry of Public Security, the Criminal Enforcement Agency of the provincial-level public security force, the Criminal Enforcement Agency of the district-level public security force; units and local public security forces and organizations and individuals related to criminal enforcement work.

Article 3. Subjects Eligible for Appointment as the Head and Deputy Head of the Criminal Enforcement Management Agency under the Ministry of Public Security

1. The Director of the Criminal Enforcement and Judicial Assistance General Department is eligible for appointment as the Head of the Criminal Enforcement Management Agency under the Ministry of Public Security.

2. The Deputy Director of the Criminal Enforcement and Judicial Assistance General Department is eligible for appointment as the Deputy Head of the Criminal Enforcement Management Agency under the Ministry of Public Security.

Article 4. Subjects Eligible for Appointment as the Head and Deputy Head of the Criminal Enforcement Agency of the Provincial-Level Public Security Force

1. The Deputy Director of the provincial-level public security force responsible for criminal enforcement and judicial assistance work is eligible for appointment as the Head of the Criminal Enforcement Agency of the provincial-level public security force.

2. The Head of the Criminal Enforcement and Judicial Assistance Police Department is eligible for appointment as the Acting Deputy Head of the Criminal Enforcement Agency of the provincial-level public security force.

3. The Warden of the Detention Center under the provincial-level public security force is eligible for appointment as the Deputy Head of the Criminal Enforcement Agency of the provincial-level public security force.

4. The Deputy Head of the Criminal Enforcement and Judicial Assistance Police Department responsible for criminal enforcement work is eligible for appointment as the Deputy Head of the Criminal Enforcement Agency of the provincial-level public security force.

Article 5. Subjects Eligible for Appointment as the Head and Deputy Head of the Criminal Enforcement Agency of the District-Level Public Security Force

1. The Deputy Director of the district-level public security force responsible for criminal enforcement and judicial assistance work is eligible for appointment as the Head of the Criminal Enforcement Agency of the district-level public security force.

2. The Head of the Criminal Enforcement and Judicial Assistance Police Team is eligible for appointment as the Deputy Head of the Criminal Enforcement Agency of the district-level public security force.

Article 6. Authority to Appoint and Remove the Head and Deputy Head of the Criminal Enforcement Management Agency under the Ministry of Public Security; the Head and Deputy Head of the Criminal Enforcement Agency of the Provincial-Level Public Security Force; the Head and Deputy Head of the Criminal Enforcement Agency of the District-Level Public Security Force

1. The Minister of Public Security decides on the appointment of the Head and Deputy Head of the Criminal Enforcement Management Agency under the Ministry of Public Security.

2. The Deputy Minister in charge of the Criminal Enforcement and Judicial Assistance General Department decides on the appointment of the Head and Deputy Head of the Criminal Enforcement Agency of the provincial-level public security force.

3. The Director of the provincial-level public security force decides on the appointment of the Head and Deputy Head of the Criminal Enforcement Agency of the district-level public security force.

4. The competent authority deciding on the appointment of the Head and Deputy Head of the Criminal Enforcement Management Agency under the Ministry of Public Security; the Head and Deputy Head of the Criminal Enforcement Agency of the provincial-level public security force; the Head and Deputy Head of the Criminal Enforcement Agency of the district-level public security force has the authority to decide on the removal and dismissal of the positions already decided upon for appointment.

Article 7. Procedure and formalities for proposing the appointment and removal of Heads and Deputy Heads of Criminal Enforcement Management Agencies under the Ministry of Public Security; Heads and Deputy Heads of Criminal Enforcement Agencies of provincial public security departments; Heads and Deputy Heads of Criminal Enforcement Agencies of county-level public security departments.

1. The Director of the General Department for Building Public Security Forces proposes the appointment and removal of the Head of the Criminal Enforcement Management Agency under the Ministry of Public Security.

2. The Director of the General Department of Criminal Enforcement and Judicial Assistance reports to the leadership of the Ministry (through the General Department for Building Public Security Forces) on the proposal for the appointment and removal of Deputy Heads of the Criminal Enforcement Management Agency under the Ministry of Public Security. The General Department for Building Public Security Forces is responsible for reviewing and submitting to the leadership of the Ministry for consideration and decision.

3. The Director of the provincial public security department reports to the leadership of the Ministry (through the General Department for Building Public Security Forces) on the proposal for the appointment and removal of Heads and Deputy Heads of the Criminal Enforcement Agency of the provincial public security department. The General Department for Building Public Security Forces is responsible for leading and coordinating with the General Department of Criminal Enforcement and Judicial Assistance to review and submit to the leadership of the Ministry for consideration and decision.

4. The Head of the county-level public security department reports to the Director of the provincial public security department (through the Personnel Department) on the proposal for the appointment and removal of Heads and Deputy Heads of the Criminal Enforcement Agency of the county-level public security department. The Personnel Department is responsible for leading and coordinating with the Criminal Enforcement and Judicial Assistance Department to review and submit to the Director of the provincial public security department for consideration and decision.

Article 8. Cases of Removal of Heads and Deputy Heads of Criminal Enforcement Agencies under the Ministry of Public Security; Heads and Deputy Heads of Criminal Enforcement Agencies of provincial public security departments; Heads and Deputy Heads of Criminal Enforcement Agencies of county-level public security departments.

1. Heads and Deputy Heads of the Criminal Enforcement Management Agency under the Ministry of Public Security; Heads and Deputy Heads of Criminal Enforcement Agencies of provincial public security departments; Heads and Deputy Heads of Criminal Enforcement Agencies of county-level public security departments shall be automatically removed from their positions when they are reassigned to other duties, retire, transfer to another profession, or discharge from military service.

2. Heads and Deputy Heads of the Criminal Enforcement Management Agency under the Ministry of Public Security; Heads and Deputy Heads of Criminal Enforcement Agencies of provincial public security departments; Heads and Deputy Heads of Criminal Enforcement Agencies of county-level public security departments shall be removed from their positions if they are unable to fulfill their assigned tasks due to health reasons or other reasons.

3. Heads and Deputy Heads of the Criminal Enforcement Management Agency under the Ministry of Public Security; Heads and Deputy Heads of Criminal Enforcement Agencies of provincial public security departments; Heads and Deputy Heads of Criminal Enforcement Agencies of county-level public security departments shall be automatically deprived of their positions as Heads and Deputy Heads of Criminal Enforcement Agencies under the Ministry of Public Security; Heads and Deputy Heads of Criminal Enforcement Agencies of provincial public security departments; Heads and Deputy Heads of Criminal Enforcement Agencies of county-level public security departments if they are convicted by a court judgment that has taken legal effect or disciplined with demotion, dismissal, or deprivation of the title of People's Public Security Officer.

Article 9. Seals of the Criminal Enforcement Management Agency under the Ministry of Public Security, Criminal Enforcement Agencies of Provincial Public Security Departments, and Criminal Enforcement Agencies of County Public Security Departments

Clause 1. The Criminal Enforcement Management Agency under the Ministry of Public Security shall have its own seal for use in criminal enforcement management activities, named: Ministry of Public Security - Criminal Enforcement Management Agency.

Clause 2. The Criminal Enforcement Agency of Provincial Public Security Departments shall have its own seal for use in criminal enforcement activities, named: Provincial Police Department, Central City Police Department - Criminal Enforcement Agency.

Clause 3. The Criminal Enforcement Agency of County Public Security Departments shall have its own seal for use in criminal enforcement activities, named: Provincial Police Department, Central City Police Department - County Police Department, District Police Department, City Police Department, Town Police Department - Criminal Enforcement Agency.

Article 10. Effective Date

This Circular takes effect from June 18, 2012.

Article 11. Responsibility for Implementation

Clause 1. The Criminal Enforcement and Legal Support General Bureau shall take the lead and coordinate with the General Bureau for Building the People's Public Security Force to guide and inspect the implementation of this Circular.

Clause 2. The heads of the General Bureaus, the heads of units under the Ministry, the Directors of Provincial Public Security Departments, the Directors of Fire Prevention and Fighting Departments are responsible for implementing this Circular.

In the course of implementing this Circular, if there are any difficulties, the local police units and departments shall report to the Ministry (through the Criminal Enforcement and Legal Support General Bureau and the General Bureau for Building the People's Public Security Force) for timely guidance./.