Circular No. 299/2017/TT-BQP on the appointment, removal, dismissal; issuance, revocation of Certificates for Heads, Deputy Heads of Investigation Agencies, Investigators, and Investigative Officers in the People's Army

 CIRCULAR

REGULATIONS ON THE APPOINTMENT, REMOVAL, DISMISSAL; ISSUANCE, REVOCATION OF CERTIFICATES FOR HEADS, DEPUTY HEADS OF CRIMINAL INVESTIGATION ORGANIZATIONS, INVESTIGATORS AND INVESTIGATION STAFF IN THE PEOPLE'S ARMED FORCES 

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

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;

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

The Minister of National Defense issues this Circular to regulate the appointment, removal, dismissal; issuance, revocation of certificates for Heads, Deputy Heads of Criminal Investigation Organizations, Investigators and Investigation Staff in the People's Armed Forces.

PART I

GENERAL PROVISIONS 

Article 1. Scope of Regulation

This Circular regulates the appointment, removal, dismissal; issuance, revocation of certificates for Heads, Deputy Heads of Criminal Investigation Organizations, Investigators and Investigation Staff in the People's Armed Forces.

Article 2. Applicability

1. Criminal Investigation Organs at all levels in the People's Armed Forces.

2. Heads, Deputy Heads of Criminal Investigation Organs, Investigators, Investigation Staff in the People's Armed Forces.

3. Relevant agencies, organizations, and individuals.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Legal work experience means the period from when a person with a university degree in Security, Police, or Law is assigned to work in investigation, security protection, inspection, enforcement, judiciary, prosecution, or legal affairs departments.

2. Training and upgrading in investigative skills means being trained in investigative specialties or receiving investigative skill training organized by authorized agencies.

Chapter II

STANDARDS FOR INVESTIGATORS, INVESTIGATION STAFF AND

HEADS, DEPUTY HEADS OF CRIMINAL INVESTIGATION ORGANS

 Article 4. Investigator

1. An investigator is a person appointed by an authorized agency to perform criminal investigation duties.

2. Investigators include the following ranks:

a) Junior Investigator;

b) Middle Investigator;

c) Senior Investigator.

Article 5. Standards for Investigators

1. Active officers of the People's Armed Forces who have a firm resolve to protect socialist rule of law.

2. Hold a university degree in Security, Police, or Law.

3. Have legal work experience as stipulated in the Law on the Organization of Criminal Investigation Agencies.

4. Have been trained or upgraded in investigative skills.

5. Possess health sufficient to fulfill assigned tasks.

Article 6. Standards for Appointment as a Junior Investigator

A person meeting the standards set forth in Article 5 of this Circular and possessing the following conditions may be appointed as a Junior Investigator:

1. At least four years of legal work experience.

2. Capable of investigating cases involving minor and serious crimes.

3. Passed the examination for the Junior Investigator rank.

Article 7. Standards for Appointment as a Middle Investigator

1. A person meeting the standards set forth in Article 5 of this Circular and possessing the following conditions may be appointed as a Middle Investigator:

a) Has served as a Junior Investigator for at least five years;

b) Capable of investigating cases involving very serious and extremely serious crimes;

c) Able to guide the investigative activities of Junior Investigators;

d) Passed the examination for the Middle Investigator rank.

2. In cases where a person meets the standards set forth in Article 5 of this Circular and points b, c, d of Clause 1 of this Article, has at least nine years of legal work experience, and there is a need for staff in the Criminal Investigation Organ, such person may be appointed as a Middle Investigator.

Article 8. Standards for Appointment to Senior Investigator

1. A person who meets the standards prescribed in Article 5 of this Circular and satisfies the following conditions may be appointed as a Senior Investigator:

a) Has been a Mid-level Investigator for at least five years;

b) Possesses the ability to investigate cases involving very serious crimes, extremely serious crimes, and complex cases;

c) Has the capacity to research, synthesize, and propose measures to prevent and combat crime;

d) Has the ability to guide the investigative activities of Junior Investigators and Mid-level Investigators;

đ) Has passed the examination period for the position of Senior Investigator.

2. In cases where a person meets the standards prescribed in Article 5 of this Circular and points b, c, d, and đ of Clause 1 of this Article, has worked in legal affairs for at least fourteen years, and there is a need for personnel in the Investigation Agency, such a person may be appointed as a Senior Investigator.

Article 9. Appointment of Investigators in Special Cases

1. In special circumstances, an officer assigned to work at the Investigation Agency, although not having received training in investigative procedures and not meeting the time requirement specified in point a of Clause 1 of Article 7 and point a of Clause 1 of Article 8 of this Circular, but satisfying the standards prescribed in Clauses 1, 2, and 5 of Article 5, points b and c of Clause 1 of Article 7, and points b, c, and d of Clause 1 of Article 8 of this Circular, may be appointed as a Mid-level Investigator or a Senior Investigator.

2. The Investigation Agency shall review and propose reappointment for Investigators whose service extension has expired but have reached the end of their term as Investigators according to the appointment decision.

Article 10. Term of Service for Investigators

1. An Investigator appointed for the first time has a term of five years;

2. An Investigator reappointed or promoted has a term of ten years.

Article 11. Appointment of Investigative Staff

A person who meets the standards prescribed in Clauses 1, 2, 4, and 5 of Article 5 of this Circular may be appointed as Investigative Staff to assist Investigators in conducting certain criminal investigative activities as stipulated by the Criminal Procedure Code and the Law on Organization of Criminal Investigation Agencies.

Article 12. Appointment of Heads and Deputy Heads of Investigation Agencies

1. Standards:

a) Is a Senior Investigator or a Mid-level Investigator;

b) Possesses the ability to organize and direct investigative activities;

c) Has been appointed to command and administrative management positions within Investigation Agencies at various levels.

2. Appointees:

a) The Director and Deputy Director of the Criminal Investigation Department of the Ministry of National Defense may be proposed for appointment as Head and Deputy Head of the Criminal Investigation Agency of the Ministry of National Defense;

b) The Director and Deputy Director of the Military Security Protection Department may be proposed for appointment as Head and Deputy Head of the Security Investigation Agency of the Ministry of National Defense;

c) The Director and Deputy Director of the Criminal Investigation Departments at military regions and equivalent units may be proposed for appointment as Head and Deputy Head of the Criminal Investigation Agencies at military regions and equivalent units;

d) The Director and Deputy Director of the Security Protection Departments at military regions, military branches, Border Guard Forces, and Security Investigation Departments of military branches, corps, and general departments under the Military Security Protection Department may be proposed for appointment as Head and Deputy Head of the Security Investigation Agencies at military regions, military branches, Border Guard Forces, and Security Investigation Departments of military branches, corps, and general departments under the Military Security Protection Department;

đ) The Director and Deputy Director of Regional Investigation Agencies may be proposed for appointment as Head and Deputy Head of Regional Criminal Investigation Agencies.

Chapter III

AUTHORITY FOR APPOINTMENT, REMOVAL FROM OFFICE, AND DISMISSAL OF HEADS AND DEPUTY HEADS OF INVESTIGATION AGENCIES, INVESTIGATORS AT VARIOUS LEVELS, AND INVESTIGATIVE STAFF 

Article 13. Appointment, Removal, and Dismissal Authority

1. The Minister of National Defense decides on the appointment, removal, and dismissal of Heads and Deputy Heads of Investigation Agencies at all levels.

2. The Minister of National Defense delegates authority to the Deputy Minister of National Defense to decide on the appointment, removal, and dismissal of Senior Investigators, Intermediate Investigators, Junior Investigators, and Investigative Staff.

Article 14. Removal and Dismissal of Heads and Deputy Heads of Investigation Agencies, Investigators, and Investigative Staff

1. Heads and Deputy Heads of Investigation Agencies, Investigators, and Investigative Staff may be removed from their positions due to health reasons, family circumstances, or other reasons deemed incapable of fulfilling their duties.

2. Heads and Deputy Heads of Investigation Agencies, Investigators, and Investigative Staff are automatically removed from their positions upon retirement or transfer to another job; they lose their positions automatically if convicted by a court judgment with legal effect or disciplined with the demotion of military rank.

3. Depending on the nature and severity of the violation, Heads and Deputy Heads of Investigation Agencies, Investigators, and Investigative Staff may be dismissed if they fall under any of the following circumstances:

a) Violation in criminal investigation work;

b) Violation of provisions set forth in Article 14 of the Law on Organization of Criminal Investigation Agencies;

c) Disciplined with dismissal or demotion;

d) Violation of moral and ethical standards.

Chapter IV

PROCEDURES AND FILES FOR APPOINTMENT, REMOVAL, AND DISMISSAL OF HEADS AND DEPUTY HEADS OF INVESTIGATION AGENCIES, INVESTIGATORS, AND INVESTIGATIVE STAFF

Article 15. Appointment Examination Procedures

1. Procedures and Formalities for Appointments

a) The Investigation Agency at the Military Region level and equivalent establishes a list through the Investigation Agency's Party Committee reviewing the proposal;

b) The Investigation Agency at the Military Region level and equivalent reports and seeks opinions from the Investigation Agency of the Ministry of National Defense;

c) After receiving opinions from the Investigation Agency of the Ministry of National Defense, the Investigation Agency at the Military Region level and equivalent transfers the list to the Personnel Department at the Military Region level and equivalent for examination and unification of the proposed appointment list;

d) The Personnel Department at the Military Region level and equivalent prepares a summary curriculum vitae (Form T63) for each case, a consolidated list of staff (Form DS84), and returns it to the Investigation Agency for review and decision by the Standing Committee of the Military Region Party Committee and equivalent;

đ) The Investigation Agency completes the file, attaching the Head of the subordinate unit's request letter under the Ministry of National Defense sent to the Permanent Office of the Investigator Recruitment Council (Military Police Investigation Bureau) for consolidation, examination of the file, reporting to the Investigator Recruitment Council in the People's Army for consideration and recommendation of the appointment and reappointment of Heads and Deputy Heads of Investigation Agencies, Investigators, and Investigative Staff.

2. Deadline for submission of application files and appointment request letters

a) First round submitted before April 5th every year;

b) Second round submitted before October 5th every year.

Article 16. Application Files for Appointment

1. Initial appointment application files include:

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

b) Summary curriculum vitae (Form T63) extracted by the personnel agency;

c) Consolidated list of staff (Form DS84) established by the Investigation Agency at the Military Region level and equivalent, confirmed by the Head of the Investigation Agency and the Head of the Personnel Department;

d) Notarized copies of relevant diplomas and certificates; photocopies of appointment and staff transfer decisions, Investigator certification (except for initial appointment of Junior Investigators and Investigative Staff);

đ) Four passport-sized photographs (2 x 3) in regular uniform, without hat.

2. Reappointment application files for Heads and Deputy Heads of Investigation Agencies and Investigators at all levels include:

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

b) Consolidated list of staff (Form DS84) established by the Investigation Agency at the Military Region level and equivalent, confirmed by the Head of the Investigation Agency and the Head of the Personnel Department;

c) Photocopies of certification for Heads and Deputy Heads of Investigation Agencies and Investigators at all levels, notarized copies of relevant diplomas and certificates;

d) Four passport-sized photographs (2 x 3) in regular uniform, without hat;

đ) Decision extending service age (if applicable).

Article 17. Documents to be submitted to the Ministry of National Defense for nomination

1. The recommendation letter from the Examination Council for Investigators in the People's Army accompanied by a list of officers proposed for nomination.

2. A summary report on the quantity of needs, surplus, and shortage of positions of Heads, Deputy Heads of Investigation Departments, Investigators, and Investigation Officers.

Article 18. Procedures and documents for removal and dismissal

1. The procedures for considering removal and dismissal of Heads, Deputy Heads of Investigation Departments, Investigators, and Investigation Officers shall be carried out as in the nomination process.

2. Documents include:

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

b) Summary curriculum vitae (Form T63) extracted by the personnel agency;

c) List of officers (Form 84) established by the Investigation Department at the Military Zone level and equivalent, confirmed by the Head of the Investigation Department and the Head of the Personnel Section;

d) In cases where dismissal is proposed, the recommendation letter accompanied by the Investigation Department's report clearly stating the nature and severity of violations as stipulated in points a, b, c, and d of Clause 3, Article 14 of this Circular.

3. In cases where Heads, Deputy Heads of Investigation Departments, Investigators, and Investigation Officers are automatically relieved of their positions, they must report the list and reasons for relief to the Investigation Department of the Ministry of National Defense.

Chapter V

RESPONSIBILITIES OF THE AGENCIES AND UNITS

Article 19. Criminal Investigation Department under the Ministry of National Defense

1. The Criminal Investigation Department under the Ministry of National Defense is the Standing Body of the Examination Council for Investigators in the People's Army.

2. Guide levels of Investigation Departments to carry out procedures for nominating, re-nominating, removing, and dismissing Heads, Deputy Heads of Investigation Departments, Investigators, and Investigation Officers.

3. Receive documents for nominating, re-nominating, removing, and dismissing Heads, Deputy Heads of Investigation Departments, Investigators, and Investigation Officers.

4. Compile lists for nominating, re-nominating, removing, and dismissing Heads, Deputy Heads of Investigation Departments, Investigators, and Investigation Officers.

5. Secretary of the Examination Council for Investigators in the People's Army.

6. Annually prepare budget estimates for ensuring, using, and settling accounts according to the provisions of the law and the Ministry of National Defense.

7. Perform other tasks assigned by the Examination Council for Investigators in the People's Army.

Article 20. Military Security Protection Department

1. Guide levels of Security Investigation Departments to carry out procedures for nominating, re-nominating, removing, and dismissing Heads, Deputy Heads of Security Investigation Departments, Investigators, and Investigation Officers.

2. Receive documents for nominating, re-nominating, removing, and dismissing Heads, Deputy Heads of Security Investigation Departments, Investigators, and Investigation Officers.

3. Compile lists for nominating, re-nominating, removing, and dismissing Heads, Deputy Heads of Security Investigation Departments, Investigators, and Investigation Officers and report to the Examination Council for Investigators in the People's Army (through the Criminal Investigation Department under the Ministry of National Defense - the Standing Body of the Examination Council for Investigators in the People's Army).

Article 21. Units under the Ministry of National Defense with Investigation Departments

1. Direct Investigation Departments to strictly implement the procedures for nominating, re-nominating, removing, and dismissing Heads, Deputy Heads of Investigation Departments, Investigators, and Investigation Officers, establish files and report according to the provisions of Articles 15, 16, 17, and 18 of this Circular.

2. Direct political organs to report to the same-level Party Committee for comments and evaluations on cadres under their management before reporting to the competent authority for consideration and decision on the transfer, nomination, and removal of Heads, Deputy Heads of Investigation Departments at the Military Zone level and equivalent.

Article 22. Military Region Investigation Agencies and Equivalent Agencies

1. Military Region Criminal Investigation Agencies and Equivalent Agencies:

a) Take the lead and coordinate with the personnel agency at the same level to prepare personnel files for the appointment, removal, and dismissal of positions of Heads, Deputy Heads of Investigation Agencies, Investigators, and Investigative Officers, to be submitted for approval by the unit's head and party committee, and report to the Criminal Investigation Agency of the Ministry of National Defense.

b) Report immediately when there are changes in the positions of Heads, Deputy Heads of Investigation Agencies, Investigators, and Investigative Officers.

2. Security Investigation Agencies of Military Regions, Military Services, and Border Guard Forces:

a) Take the lead and coordinate with the personnel agency at the same level to prepare personnel files for the appointment, removal, and dismissal of positions of Heads, Deputy Heads of Investigation Agencies, Investigators, and Investigative Officers, to be submitted for approval by the unit's head and party committee, and report to the Security Investigation Agency of the Ministry of National Defense.

b) Report immediately when there are changes in the positions of Heads, Deputy Heads of Investigation Agencies, Investigators, and Investigative Officers.

Chapter VI

ISSUE, MANAGEMENT, USE, AND RECALL OF CERTIFICATES

Article 23. Certificate

1. Shape and size: Rectangular, width 65mm, length 90mm.

2. Front side:

a) Background color light yellow, with the military emblem in the center, embossed lines, white color. For the certificate of Heads and Deputy Heads of Investigation Agencies of the Ministry of National Defense, there is a red diagonal line, 6mm wide, running from the lower left corner to the upper right corner, with three five-pointed stars, gold color, in the middle of the red diagonal line; for the certificate of Heads and Deputy Heads of Military Region Investigation Agencies and equivalent agencies, there are two five-pointed stars, gold color, in the middle of the red diagonal line; for the certificate of Heads and Deputy Heads of Regional Criminal Investigation Agencies, there is one five-pointed star, gold color, in the middle of the red diagonal line;

b) Font Times New Roman; at the very top, centered and slightly to the right, is the line "SOCIALIST REPUBLIC OF VIET NAM", followed by "INDEPENDENCE - FREEDOM - HAPPINESS" (size 8); below this is the line: "CERTIFICATE" (all capital letters, bold, red color, size 9), followed by the certificate number: Number... (size 7, italic, bold);

c) The next three lines contain information including: Full name (bold font); year of birth, military identification number; position recorded according to title, including one of the following titles: Head of Investigation Agency, Deputy Head of Investigation Agency, Senior Investigator, Intermediate Investigator, Junior Investigator, Investigative Officer (regular font, size 8);

d) Investigation Agency, including: Criminal Investigation Agency of the Ministry of National Defense; Criminal Investigation Agency of Military Regions and Equivalent Agencies, Regional Criminal Investigation Agency, Security Investigation Agency of the Ministry of National Defense, Security Investigation Agency of Military Regions, Military Services, Border Guard Forces, and Security Investigation Department of Military Services, Corps, and General Departments under the Directorate of Military Security Protection (regular font, size 8);

đ) At the top left corner of the certificate is the military emblem in red color, below is a portrait photograph (2x3) wearing regular uniform, without hat, followed by the validity period of the certificate (valid until...); accept (valid until...);

e) At the bottom right corner is the line "Date... Month... Year..." (italic, regular font); the next line is "MINISTER OF NATIONAL DEFENSE" or "DEPUTY MINISTER OF NATIONAL DEFENSE" and the next line is "VICE MINISTER" (all capital letters, size 8), followed by the signature, stamp, rank, and full name of the signer.

3. Back side:

Red background, gold border, border width 3mm, at the very top is the line "SOCIALIST REPUBLIC OF VIET NAM" (all capital letters, size 10), in the center is the national emblem, diameter 25mm, below the national emblem is the line "MINISTRY OF NATIONAL DEFENSE" (all capital letters, size 14) and the line "CRIMINAL INVESTIGATION” or “SECURITY INVESTIGATION” (in uppercase, bold, font size 15).

(with model appendices accompanying this Circular)

Article 24. Issuance of Certificates

1. When appointing legal positions, certificates shall be issued simultaneously in the following cases:

a) New issuance for initial appointments;

b) Reissue in cases of reappointment, job rotation between investigative agencies not in the same locality, or in cases where the certificate is damaged during duty performance or due to natural disasters or fire.

2. Application dossier for reissuing lost or damaged certificates:

a) A request for reissuance with confirmation from the Head of the Investigative Agency;

b) A letter of request from the Military Region Investigative Agency and equivalent agencies, two photos (2x3) in regular uniform, without hat.

Article 25. Management and Use

1. The certificate shall be managed and used by the Heads, Deputy Heads of Investigative Agencies, Investigators, and Investigative Officers according to the provisions of the law.

2. The person holding the certificate may only use it in professional activities.

3. The Investigative Agency of the Ministry of National Defense shall register, issue, and recover certificates. The Heads of Investigative Agencies at all levels shall be responsible for monitoring and inspecting the management and use of certificates.

4. In case of loss of the certificate, it must be reported immediately to the Head of the Investigative Agency to assess the nature and severity of the situation and handle it according to regulations, except when lost while performing duties or due to natural disasters or fire.

5. If the holder of the certificate uses it to commit acts contrary to the law or the provisions of this Circular, they may be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation.

Article 26. Recovery of Certificates

1. Cases for recovery

a) Upon appointment, promotion, reappointment, expiration of validity, job rotation between investigative agencies not in the same locality, or transfer to other work not involving investigation (before receiving the decision on transfer, new certificate);

b) For retired officers (before receiving the retirement decision);

c) Heads, Deputy Heads, Investigators, and Investigative Officers who are relieved of their duties or dismissed.

2. Heads of Military Region Investigative Agencies and equivalent agencies

a) Recover certificates of subordinate officers within thirty days from the date of recovery and submit them to the Investigative Agency of the Ministry of National Defense.

b) In cases where the officer is relieved of duties, dismissed, or retired, and the Head of the Investigative Agency is transferred to another position, the Deputy Head of the Investigative Agency shall be responsible for recovering the certificate.

3. The Head of the Personnel Department of the Criminal Investigation Bureau of the Ministry of National Defense is responsible for managing, registering, issuing, and recovering certificates for all levels of Investigative Agencies. The Head of the Security Investigation Department of the Military Security Protection Bureau is responsible for managing, registering, issuing, and recovering certificates for all levels of Security Investigation Agencies.

Chapter VII

IMPLEMENTING PROVISIONS

Article 27. Effective Date

1. This Circular takes effect from January 30, 2018, and replaces Circular No. 78/2007/TT-BQP dated January 23, 2007, issued by the Minister of National Defense guiding the appointment of Heads, Deputy Heads of Criminal Investigation Agencies, Security Investigation Agencies, and Investigators at all levels in the People's Army.

2. Decisions and certificates of Heads, Deputy Heads of Investigative Agencies, and Investigators issued before January 1, 2018, shall continue to be valid until the expiry date stated in the Decision or Certificate.

Article 28. Responsibility for Implementation

The Chief of General Staff, the Director of the Political General Department, the various Departments, the Military Region Commands, the Military Branches, the Border Guard Force, the Corps, the Cadre Department of the Political General Department, the Legal Affairs Department of the Ministry of National Defense, the Criminal Investigation Bureau of the Ministry of National Defense, the Military Security Protection Bureau, the Heads of units and individuals concerned shall be responsible for implementing this Circular.

 

ANNEX 1

MODEL OF THE CERTIFICATE (GCN) FOR LEGAL TITLES OF CRIMINAL INVESTIGATION AGENCIES IN THE PEOPLE'S ARMY
(Annexed to Circular No. 299/2017/TT-BQP dated December 9, 2017, issued by the Minister of National Defense)

 

 

ANNEX 2

MODEL OF THE CERTIFICATE (GCN) FOR LEGAL TITLES OF SECURITY INVESTIGATION AGENCIES IN THE PEOPLE'S ARMY
(Annexed to Circular No. 299/2017/TT-BQP dated December 9, 2017, issued by the Minister of National Defense)