Circular No. 30/2009/TT-BCA on the recruitment of citizens into the People's Public Security Force

CIRCULAR

Regulations on Selecting Citizens for the People's Police Force

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Pursuant to the Public Security Law dated November 29, 2005;

BASED ON Decree No. 43/2007/NĐ-CP dated March 26, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law on People's Police; the Ministry of Public Security stipulates the recruitment of citizens into the People's Police as follows:

PART I

GENERAL PROVISIONS

Article 1. SCOPE OF REGULATION AND APPLICABLE SUBJECTS

This Circular stipulates the subjects, criteria, files, and procedures for recruiting citizens into the People's Police.

All Vietnamese citizens who meet the criteria set forth in this Circular, voluntarily serving long-term in the People's Police, shall be considered for recruitment into the sector and assigned work commensurate with their educational qualifications and capabilities.

Article 2. Objective

Recruiting citizens into the People's Police aims to supplement staffing, strengthen and improve the quality of the cadre force, meeting the requirements of work and combat of the People's Police in the short term and long term.

Article 3. Principles

1. Recruitment of citizens into the People's Police must ensure compliance with quotas, subjects, criteria, procedures, and decision-making authority for recruitment as prescribed by the Ministry.

2. It must ensure the proper implementation of democratic regulations in the recruitment process and in the construction of the People's Police force.

3. Priority shall be given to the recruitment (in order) of citizens into the People's Police in the following cases:

a) Citizens holding the title of Professor, Associate Professor, with Doctorate or Master’s degrees in relevant fields, specialized doctors at level I and II, who meet the recruitment needs.

b) Citizens graduating from regular full-time programs at bachelor's or college levels with good, excellent, or outstanding grades; those graduating from regular full-time programs at secondary vocational levels with excellent or outstanding grades, who meet the recruitment needs.

c) Citizens who are children of martyrs, war invalids, or disabled veterans of the People's Police.

d) Citizens who commit to voluntarily working in mountainous areas, highlands, remote areas, border regions, and islands (for a minimum of ten years).

đ) Citizens who are children of martyrs, war invalids, disabled veterans, Heroes of the People's Armed Forces, or Labor Heroes.

e) Citizens who are children of police officers who have continuously served in the police sector for fifteen years or more.

g) Cadres, students who are ethnic minority people or other citizens who have resided continuously for ten years or more in mountainous areas, highlands, remote areas, border regions, and islands, voluntarily joining the People's Police to serve long-term in these areas.

Chapter II

SUBJECTS, CRITERIA, FILES, AND PROCEDURES FOR PARTICIPATING IN RECRUITMENT

Article 4. SUBJECTS AND CRITERIA

1. Target Groups

a) Cadres, civil servants, public officials who graduated from university, college, vocational college, intermediate vocational school, or technical secondary school (within the establishment) in various ministries, departments, or officers of the Vietnam People's Army.

b) Citizens who graduated from university, college, vocational college, intermediate vocational school, or technical secondary school.

For recruiting citizens as drivers, cleaners, or room service staff for leaders (not included in the category of labor contracts under Circular No. 16/2007/TT-BCA(X13) dated September 11, 2007 of the Ministry guiding the use of contractual labor in the People's Police), the recruitment may be at the level of basic vocational training.

c) Ethnic minority cadres and students in mountainous areas, highlands, remote areas, border regions, and islands (as specified by location).

d) Sub-officers and soldiers who have completed three years of service and performed satisfactorily each year during that period.

2. Standards for Recruitment

a) Political criteria

- Being a citizen of the Socialist Republic of Vietnam, having a permanent residence address within the territory of Vietnam, having a clear personal and family history, strictly adhering to the policies and laws of the Communist Party of Vietnam and the Socialist Republic of Vietnam; being a member of the Communist Party of Vietnam or a member of the Ho Chi Minh Communist Youth Union.

For ethnic minority cadres and students in mountainous, highland, remote, border, and island areas, outstanding young people who meet the conditions for admission to the Ho Chi Minh Communist Youth Union may be recruited.

Citizens holding the titles of Professor, Associate Professor, with Doctorate or Master’s degrees, or those graduating from regular full-time bachelor's programs with excellent or outstanding grades may be recruited even if they are not members of the Communist Party of Vietnam or the Ho Chi Minh Communist Youth Union.

- Ensuring other specific political criteria for cadres and soldiers of the People's Police as prescribed by the Minister of Public Security.

b) Moral character: Having good moral and ethical qualities.

c) Educational qualifications

Graduating from high school or supplementary high school.

For recruiting citizens as drivers, cleaners, or room service staff for leaders (not included in the category of labor contracts under Circular No. 16/2007/TT-BCA(X13) dated September 11, 2007 of the Ministry guiding the use of contractual labor in the People's Police) in southern provinces (from Quang Tri southward); ethnic minority cadres and students in mountainous, highland, remote, border, and island areas recruited and assigned to work in these areas may be those who have graduated from primary school.

d) Scientific and technical qualifications

- Citizens who graduated from university, college, intermediate vocational school; vocational college, intermediate vocational school, or basic vocational training, with graduation grades of good or better.

- In difficult recruitment areas such as:

+ Southern provinces (from Quang Tri southward), excluding those with permanent residence registration in cities or towns;

+ Mountainous, highland, remote, border, and island areas in northern provinces (recruitment targets voluntarily committing to work in these areas for a minimum of ten years from the date of recruitment decision);

Citizens who graduated from university, college, vocational college, intermediate vocational school, or technical secondary school in various types of training programs with graduation grades of average or better may be recruited.

đ) Age:

Age between 18 and 30 (calculated as of the recruitment decision date), those graduating from regular full-time bachelor's programs with excellent or outstanding grades, Master’s degree holders, or specialized doctors at level I and II may be recruited up to age 35, those holding the titles of Professor or Associate Professor, with Doctorate degrees may be recruited up to age 45, exceptionally older ages may be decided by the Minister.

e) Health

Ensure health standards for selecting officials in accordance with the regulations of the Ministry; physical appearance should be proportional between height and weight, without deformities or chronic diseases; no use of narcotics or addictive substances; meet the following height and vision standards:

- Height

For males, at least 1.62 meters;

For females, at least 1.58 meters.

- Vision:

Without glasses, each eye must achieve 9-10/10, with total vision of both eyes reaching 19-20/10.

Select citizens with scientific and technical qualifications to perform scientific and technical work, specifically: Technical Operations I, Technical Operations II, Criminal Technicals, Information, Cryptography, Computer Science; administrative work such as typing, documentation, library information; medical work such as doctors, medical technicians, pharmacists; teaching work such as teachers, lecturers; journalism, publishing, scientific research; construction management work (construction engineers, architects); outstanding experts, leading experts, citizens who have sufficient health to work long-term, with height requirements possibly lower than specified above but not less than 1.58 meters for males; 1.54 meters for females; vision may require corrective lenses up to 3 diopters, achieving a combined vision of both eyes from 19-20/10 (special cases decided by the Minister).

g) Aptitude

Citizens selected to be assigned to units performing police operations must be calm, sensitive, agile, with good memory, and meet necessary aptitude standards for police work as defined by the General Directorates, Military Commands, Departments, Bureaus … under the Minister for the force system.

Article 5. Application procedures for selection

Citizens applying for selection into the People's Police must submit the following documents to the Police Authority (at the location where recruitment is announced):

1. A voluntary application form to serve long-term in the People's Police

2. Birth certificate (if a copy, it must be certified by the People's Committee of the commune, ward, town or notarized).

3. Personal history according to the model prescribed by the Ministry of Public Security, confirmed by local authorities (commune, ward, town of residence) or the workplace authority, with a citizen identification photo size 4x6 cm affixed with a stamp.

4. Academic certificates and professional qualification certificates (as required for recruitment), if copies, they must be notarized.

5. Certificate of membership in the Youth Union or the Communist Party (if applicable).

6. Health certificate issued by a health authority at district level or higher, valid for six months from the date of submission of the application.

7. Certificates of children of war invalids, martyrs; children of National Hero of Armed Forces, National Labor Hero ... (if applicable).

8. If they are civil servants, military officers transferring to another field, they must provide an evaluation of their performance (in terms of character, ethics, professional qualifications ...) during their service at the agency or unit. If they are university, college, vocational high school graduates; college vocational, intermediate vocational, basic vocational graduates, they must provide a copy of their academic record or transcript.

Article 6. Recruitment organization

1. Recruitment Board

The People's Police unit, locality (authorized to decide on recruitment) shall establish a Recruitment Board consisting of:

- The head or deputy head of the unit, locality as the Chairman of the Board.

- A representative of the organizational leadership as the Vice-Chairman of the Board.

- A representative of the unit with recruitment quotas as a member.

- Personnel directly involved in recruiting officials of the unit, locality as members.

2. Duties of the Recruitment Board

- Announce publicly the recruitment quota, target group, criteria, profession, and conditions for application through mass media. For units requiring confidentiality about the intended recruits, the Recruitment Board only announces the recruitment quota and criteria for internal recommendation.

- Guide individuals wishing to join the People's Police in completing the application; receive and review applications; preliminary screening (when the number of applicants exceeds the recruitment quota); announce lists of qualified and unqualified candidates.

- Directly meet and exchange with applicants to understand their motives, purposes, and aspirations to join the People's Police.

- Organize health checks.

- Organize police aptitude tests, professional skill tests ... for applicants, specifically:

+ Informing the purpose, requirements, and content of the test

+ Guiding the rules and procedures of the test

+ Compiling a list of those required to take the test

+ Organizing the test, scoring objectively, fairly, transparently, and democratically.

- Reporting the test results.

- Verifying and investigating personal histories (as prescribed).

- Completing all procedures to report to authorized leaders for decision on recruitment, temporary recruitment, or informing applicants of reasons for non-selection.

- Within three months from the date of receiving applications, the Recruitment Board must complete these tasks.

Article 7. Other Provisions

1. Tổng cục Xây dựng lực lượng Công an nhân dân quy định thống nhất các biểu mẫu hồ sơ về tuyển chọn công dân vào Công an nhân dân.

2. Đối với đơn vị tuyển chọn

a) Trong thời hạn chậm nhất 30 ngày, kể từ ngày công bố kết quả tuyển chọn, Thủ trưởng đơn vị, địa phương có thẩm quyền quyết định tuyển chọn cán bộ phải ra quyết định tạm tuyển hoặc tuyển chọn.

b) Công an đơn vị, địa phương có trách nhiệm lập hồ sơ và lưu trữ hồ sơ cá nhân của cán bộ. Mọi diễn biến trong quá trình công tác của cán bộ từ khi được tạm tuyển, tuyển chọn đến khi thôi phục vụ đều phải được lưu vào hồ sơ cán bộ. Việc lập, quản lý và lưu trữ hồ sơ cán bộ thực hiện theo phân cấp quản lý cán bộ.

c) Annually, the Public Security units at all levels shall develop plans for selecting citizens to join their units. The development of such selection plans must be based on the total establishment strength already determined by the Ministry, taking into account the overall balance between sources of increase: receiving graduates from schools (students preliminarily selected and sent to study by the unit or locality, graduating from various schools and returning to work); receiving officers and soldiers from other units or localities. Sources of decrease: retirement, discharge, transfer to another profession, sending for long-term concentrated training (with a study period exceeding one year)... and clearly determining the number of additional personnel needed for each position in various professional fields..., thereby identifying the recruitment needs, qualification requirements, professions... and submitting detailed reports to the General Department of Public Security Force Construction before October 30th of each year for the General Department of Public Security Force Construction to report to the leadership of the Ministry for decision-making and notification to the units and localities for implementation.

d) The targets for any given year must be implemented within that year. The following year shall not recruit according to the targets of previous years. In cases where there is a need to change the targets or standards, a report must be submitted to the Ministry for consideration and decision. Recruitment outside the targets or not in accordance with approved professions is prohibited.

After completing the selection process, the units and provincial-level public security organs under the central government must report the results to the General Department of Public Security Force Construction for general oversight.

3. Regarding officers and citizens who have been selected

a) Within the latest period of thirty days, officers and citizens with recruitment or temporary recruitment decisions must report to the agency to take up their posts. In cases where there are valid reasons preventing them from reporting on time, they must submit an application for extension and obtain the agreement of the agency or unit using the officer. The extension period shall not exceed thirty days.

If an officer or citizen who has been selected reports late beyond the aforementioned deadline without valid reasons, the competent authority shall decide to revoke the recruitment or temporary recruitment decision.

b) Citizens recruited into the Public Security force's establishment as stipulated in this Circular (except for those specified in point c below) must implement the temporary recruitment system. The temporary recruitment period is six months, starting from the date the temporary recruitment decision becomes effective.

Citizens temporarily recruited in specialized units shall not be assigned tasks related to professional secrets.

At the end of the temporary recruitment period, the leadership collective directly managing and using the personnel must convene a meeting to review and evaluate the moral character, capability, and work effectiveness of the temporarily recruited citizen. If the requirements are met, the unit will propose the competent authority to issue a recruitment decision; if not, the citizen will be required to write a commitment to maintain confidentiality regarding the tasks assigned by the unit or locality during the temporary recruitment period.

c) Cases not subject to the temporary recruitment system

- Citizens graduating from university and assigned to teach in Public Security universities.

- Citizens holding the titles of Professor, Associate Professor, Doctorate, Master’s degree; university graduates from regular programs with outstanding grades; Specialist doctors of Class I and II.

- Citizens graduating from university, college, vocational college; college vocational; intermediate vocational; initial vocational with a labor contract period of six months or more in Public Security units or localities. Now, if these units or localities have recruitment quotas and the job assignments match the previously contracted professional field, the competent authority may issue a formal recruitment decision without requiring a temporary recruitment period.

- Officers and students from ethnic minority groups in mountainous areas, highlands, remote areas, border regions, islands recruited and assigned to work in their respective areas.

- Officers and citizens recruited into the Public Security force shall be classified in terms of salary, rank, and enjoy other benefits as prescribed by the State and the Ministry of Public Security (with specific provisions).

Chapter III

IMPLEMENTATION

Article 8. Effectiveness

This Circular takes effect from July 1, 2009, replacing Decision No. 666/1998/QĐ-BCA(X13) dated October 12, 1998 of the Minister of Public Security on the issuance of regulations for recruiting officers into the Public Security force and Decision No. 627/2003/QĐ-BCA(X13) dated September 10, 2003 of the Minister of Public Security on amending the target and criteria for recruiting officers into the Public Security force.

Article 9. Responsibility for Implementation

1. The Director of the General Department of Public Security Force Construction shall be responsible for supervising the implementation of this Circular.

2. Comrades: Directors, Heads of Units under the Minister, Provincial Public Security Chiefs, Chief of the Fire Prevention and Fighting Police Department of Ho Chi Minh City shall be responsible for implementing this Circular.

3. Any issues arising during the implementation shall be reported by the Public Security units and localities to the Ministry (through the General Department of Public Security Force Construction) for consolidation and reporting to the Minister for consideration and decision.