This Circular details the allocation of work for graduates and those completing their courses at Public Security personnel schools. It includes the responsibilities of relevant parties, the transfer process, and violation handling procedures.
Scope of application
Applies to graduates from Public Security personnel schools and related units such as the Cadre Organization Department, Academies, Universities, Colleges, Secondary Vocational Schools of Public Security Personnel, Provincial Police Departments, and Municipal Police Departments directly under the Central Government.
Key points
- Detailed provisions on the allocation of work for graduates and those completing their courses
- Responsibilities of relevant parties during the transfer of students
- Handling violations by students who do not comply with transfer decisions or by officials who violate regulations
- Effective from February 15, 2019, replacing Circular No. 38/2012/TT-BCA of the Minister of Public Security.
- For college students, applicable until the end of 2020
🌐 Social impact of this document
- Ensuring transparency and effectiveness in the allocation of work for students
- Maximizing the capabilities of graduates
- Creating favorable conditions for students to continue improving necessary knowledge and skills
❓ Frequently asked questions
What document does this Circular replace?
Circular No. 38/2012/TT-BCA dated June 29, 2012, issued by the Minister of Public Security, detailing the allocation of work for graduates and those completing their courses at academies, universities, colleges, and secondary vocational schools of Public Security personnel.
When does this Circular take effect?
This Circular takes effect from February 15, 2019, replacing Circular No. 38/2012/TT-BCA. For college students, it applies until December 31, 2020.
How are violations handled?
Students who do not comply with transfer decisions or fail to report for duty within the specified time will be disciplined according to Circular No. 16/2016/TT-BCA. Officials who violate regulations will also face similar disciplinary actions.
Full text
CIRCULAR
Regulations on job assignment for students graduating from and completing courses at public security personnel schools
conclusion of the course at the People's Public Security schools
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At the proposal of the Director of the Personnel Department;
The Minister of Public Security promulgates this Circular regulating job assignments for students graduating from and completing courses at public security personnel schools.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
Article 1. This Circular regulates job assignments for students and trainees (hereinafter collectively referred to as trainees) who graduate from or complete their courses at public security academies, universities, and secondary vocational schools (hereinafter collectively referred to as public security personnel schools).
Job assignments for trainees undergoing training through part-time study, joint training programs, domestic and foreign training programs; trainees sent for training by various ministries and sectors, and international trainees are not within the scope of regulation of this Circular.
Article 2. Principles for job assignments for trainees
Clause 1. Based on the training objectives, usage needs, and staffing quotas of each Command, Department, and equivalent units, provincial public security services (hereinafter collectively referred to as public security units and localities);
Clause 2. Strengthening staff for district-level public security services and communal-level public security services (hereinafter collectively referred to as district-level public security services and communal-level public security services).
Clause 3. Trainees who have been disciplined during their studies, who have not been recognized as graduates, or who do not meet the conditions to take the graduation exam shall be reassigned to their initial recruitment locations or assigned to other training positions, and shall not be assigned to public security units and localities approved by the Minister to accept trainees.
Clause 4. No additional quota supplements or changes in the accepted major will be considered after the job assignment plan for the course has been approved by the Minister of Public Security or after the decision to transfer trainees has been issued by the competent authority. In exceptional cases, the Minister of Public Security shall make the decision.
Article 3. Cases eligible for preferential job assignments
Clause 1. Trainees who are Heroes of the Armed Forces, war invalids, disabled veterans, persons with certificates entitled to benefits similar to those of war invalids, ethnic minority trainees; children of martyrs, war invalids, Heroes of the Armed Forces, Labor Heroes, and persons affected by toxic chemicals during the resistance war shall be given priority in job assignments according to their personal preferences.
Clause 2. Trainees who have achieved the titles of "Excellent Student" or "Outstanding Student" throughout the course shall be considered for job assignments according to their personal preferences but must ensure that they are assigned to units approved by the Minister and in accordance with their trained major.
Clause 3. The cases stipulated in Clauses 1 and 2 of this Article must submit a statement of preference and send it to the Personnel Department at least 15 days before the end of the course.
Chapter II
SPECIFIC PROVISIONS
Article 4. Determination of the need to accept trainees in public security units and localities
Clause 1. Annually, based on the staffing situation, mission requirements, workload, combat readiness, and current status of the cadre corps, public security units and localities determine the need to accept graduates from public security personnel schools.
The need to accept graduates from public security personnel schools must be reviewed and determined for specific positions and tasks from team-level units upwards (where there is a team-level organization); discussed and approved by the standing committee of the party committee and leadership of the public security unit and locality before the head of the unit and locality signs the report to the Ministry of Public Security.
Clause 2. The contents of the report include:
a) Relevant situations related to the mission requirements, workload, and combat readiness of the public security unit and locality;
b) Evaluation of the current status of the cadre corps (structure by level of education, by force, by rank, age, ethnicity);
c) Projected changes in staffing levels in the following year (sources of increase include: non-commissioned officers completing their service term and transitioning to professional status, recruitment of citizens into the public security forces, acceptance of cadres working in other units and localities; sources of decrease include: retirement, discharge, change of specialty, other reductions);
d) Number of trainees, level of training, and proposed specialties to be accepted;
đ) Standards and conditions for accepting graduates to work in public security units and localities (if necessary);
e) Units responsible for arranging and utilizing cadres.
Clause 3. Reports from public security units and localities must be submitted to the Ministry of Public Security (through the Personnel Department) before December 31 of each year. If the deadline is exceeded and the report is not submitted, the transfer of trainees to public security units and localities will be carried out according to the job assignment plan for the graduation class.
Article 5. Work Assignment Plan
1. The work assignment plan for graduates and students completing their courses shall be established based on:
a) The policy of the Central Party Committee's Public Security Department regarding work assignments for graduates and students completing their courses at public security schools each year;
b) The staffing situation and the need to accept graduates and students completing their courses from public security units and localities;
c) Reports from public security schools on the situation of graduates and students completing their courses and the schedule for the end of each course.
2. Forty-five days before the end of each course, the Director of the Cadre Organization Bureau shall, based on the provisions of Clause 1 of this Article, submit the work assignment plan for approval by the Minister and notify public security units and localities to proactively receive and arrange work for graduates when they are assigned to work.
Article 6. Contacting and Selecting Students According to Approved Quotas
1. Public security units may contact and select students according to quotas approved by the Minister of Public Security, including:
a) Public security schools (only applicable for selecting teachers);
b) Intelligence service bureaus;
c) Special cases approved by the Minister in the work assignment plan for graduates of each course.
2. The process of contacting and selecting students must meet the following requirements:
a) Must go through the Student Management Office of the school;
b) Shall not affect the graduation review and examination time of students and must be completed twenty days before the end of the course.
3. Units shall not accept the same student. In case two or more units select the same student, the Director of the Cadre Organization Bureau shall decide based on the staffing situation or specific needs of each unit in the order specified in Clause 1 of this Article.
4. Procedure for Implementation
a) Based on the notification of student reception quotas approved by the Minister, the units specified in Clause 1 of this Article shall establish plans and coordinate with the school regarding the target group, standards, time, methods of contacting and selecting students;
b) Public security schools shall base their plans on those of the units, notify all students in the course about registration of preferences and cooperate to create necessary conditions for units to contact and select students according to requirements. Depending on the specific number, each quota may introduce three to five students for selection;
c) After selecting the required number of students according to the quotas approved by the Minister, the units shall agree on the list with the school and send it together to the Cadre Organization Bureau as the basis for issuing transfer decisions.
5. If a unit has been approved a quota but does not contact and select students as stipulated in Clause 4 of this Article or selects fewer than the required number, the Director of the Cadre Organization Bureau shall, based on the approved plan, issue transfer decisions to ensure the required number of students and specialties for the units.
Article 7. Review and Compile Lists of Graduates and Course Completers
1. Public security schools shall review and compile lists of graduates and course completers and send them to the Cadre Organization Bureau fifteen days before the end of the course for decisions on rank promotion and transfers. The student lists shall be sent via internal mail and simultaneously via traditional personnel statistics channels of the Cadre Organization Bureau.
2. The Director of the Cadre Organization Bureau shall guide the statistical forms and reports prescribed in Clause 1 of this Article.
Article 8. Granting, Promoting Rank and Reassignment
The Director of the Cadre Organization Department decides on granting, promoting rank and reassigning trainees to take up work at local police units according to the plan approved by the Minister. The time for taking up work is recorded in the reassignment decision but shall not exceed 15 days from the graduation ceremony date.
Article 9. Implementation of Reassignment Decisions
1. After issuing the reassignment decision, the Cadre Organization Department sends it to relevant local police units for implementation and dispatches representatives to cooperate with the school to announce and hand over the decision to trainees at the graduation ceremony.
2. From the date of receiving the reassignment decision, trainees have a maximum of three working days to stay at the school to complete necessary procedures for transferring to their new workplace as stipulated. During this period, trainees are subject to school management as if they were still studying.
3. Upon completion of the time specified in Clause 2 of this Article, trainees must report to the organizational cadre department of the local police unit (as per the reassignment decision) to complete the work reception procedures.
The organizational cadre department bases on the provisions of Clause 4 of this Article, reports to the Standing Committee of the Party Committee and leadership of the unit for comments before submitting to the head of the unit for decision on assigning trainees to subordinate units. The implementation and completion time shall not exceed five working days.
Assigning work to trainees at local police units must be based on staffing levels, training majors, usage needs, workload, combat requirements of each unit, and the following regulations:
a) Trainees who are cadres sent for training shall be considered for reassignment to their original units before being sent to study, except when the work assignment plan for the training course approved by the Minister has other requirements;
b) Trainees who are high school students and conscript non-commissioned officers participating in examinations and passing (except for majors such as intelligence, criminal investigation, foreign affairs, technical reconnaissance, immigration management, cybercrime prevention, forensic technical examination, forensic medicine) shall be assigned to work at district-level police stations and commune-level police stations; after at least two years, if the individual expresses a willingness and the direct using unit can arrange a replacement, then consider and resolve the transfer to another unit or regional transfer according to the regulations of the Ministry of Public Security.
In cases where district-level police stations and commune-level police stations have met their needs, trainees may be assigned to work at provincial-level police departments' equivalent offices for majors such as prison surveillance, prisoner rehabilitation management, target protection, detention facility protection, special forces, case files, foreign languages, cryptography technology, information technology, criminal technical investigation, traffic order and safety management on inland waterways, camp management, real estate management, transportation vehicle and fuel management, communication technology, communication liaison, network administration;
c) For cases that have not been recognized as graduates or do not meet the conditions to participate in final exams, work assignments shall still be carried out according to points a and b of this clause, but they shall not be assigned positions or tasks requiring qualifications.
5. In cases where the names of training majors specified in Clause 4 of this Article change or require adjustments in staffing between forces, local police units at all levels shall be consistent with work and combat requirements in each area, specific training majors assigned to provincial-level police departments, district-level police departments, and commune-level police departments shall be approved by the Minister in the work assignment plan for each training course.
Article 10. Responsibilities of the Public Security Units and Localities
1. The Personnel Organization Department:
a) Guide public security units and localities to determine the demand for receiving trainees; summarize, evaluate, and propose policies and plans for assigning work to graduates and those completing courses annually;
b) Aggregate, propose plans, and decide on assignments for trainees from each course and monitor their implementation;
c) Guide and resolve any issues arising in the assignment of work for graduates when they return to public security units and localities.
2. People's Public Security Schools:
a) Organize the dissemination and implementation of the contents of this Circular to all students currently studying at the school; effectively manage and educate politically and ideologically, encourage students to study diligently and be ready to accept tasks assigned by the organization upon graduation;
b) Report the situation of students and the schedule of the closing ceremony of each course in the following year to the Personnel Organization Department before December 31 of each year. Bear responsibility for related information of each student listed in the proposal for promotion and rank advancement, and transfer requests sent to the Personnel Organization Department;
c) Fully implement regulations, policies, and ensure procedures according to the provisions so that students can be transferred to receive work at public security units and localities as stipulated in the decision;
d) Provide timely information to the Personnel Organization Department about any issues affecting the issuance and implementation of decisions on transferring students (if any) from the date of sending the list until the closing ceremony of the course.
3. Public Security Units and Localities:
a) Within thirty days from the date students start working, public security units and localities must report the results of receiving and arranging work for students to the Personnel Organization Department;
b) Create conditions for cases where students have not been recognized as graduates or do not meet the conditions to take the final exam to return to school to complete necessary conditions to be recognized as graduates or to take the final exam according to the training regulations.
Article 11. Responsibilities of Graduates and Students Upon Completion of Courses
1. Strictly comply with the decision on transfer and work assignment.
2. In cases where there are valid reasons preventing students from accepting work at the time specified in the decision, they must submit an application for extension and obtain approval from the head of the public security unit or locality where they are being transferred. Each extension period shall not exceed five days and shall not be extended more than twice.
3. For cases where students have not been recognized as graduates or do not meet the conditions to take the final exam, they must self-study and train to complete the necessary conditions to be recognized as graduates or to pass the final exam. If two consecutive years of officers sent to take the final exam or to complete the necessary conditions to be recognized as graduates still fail to graduate, they will be forced to leave service in the People's Public Security.
Article 12. Handling Violations
1. Students who do not comply with the decision on transfer or accept work beyond the time specified in the decision without the approval of the head of the public security unit or locality where they are being transferred, or accept work beyond the extended time as stipulated in Clause 2 of Article 11 of this Circular, depending on the nature and severity of the violation, will be disciplined according to Circular No. 16/2016/TT-BCA dated April 8, 2016, issued by the Minister of Public Security regarding the discipline of public security officers and soldiers.
The handling of students violating discipline during their stay at the school as stipulated in Clause 2 of Article 9 of this Circular is advised and proposed by the Student Management Office, decided by the leadership of the school; after this period, it is advised and proposed by the personnel organization department where the student is transferred to, decided by the head of the public security unit or locality.
2. Personnel who advise, propose, and have authority to decide on the assignment of work for graduates of People's Public Security schools if they do not comply with the plan of the Ministry and the provisions of this Circular, depending on the nature and severity, will be disciplined according to Circular No. 16/2016/TT-BCA dated April 8, 2016, issued by the Minister of Public Security regarding the discipline of public security officers and soldiers.
Chapter III
IMPLEMENTING PROVISIONS
Article 13. Effective Date
1. This Circular takes effect from February 15, 2019, and replaces Circular No. 38/2012/TT-BCA dated June 29, 2012, issued by the Minister of Public Security regarding the assignment of work for graduates and students completing courses at public security academies, universities, colleges, and secondary schools.
2. The assignment of work for graduates of the college system who complete their courses will be applied according to the provisions of this Circular until December 31, 2020.
3. Where the legal normative documents referred to for application in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replaced documents.
1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.
1. Heads of units under the Ministry, Directors of Academies, Principals of People's Public Security Schools, Directors of Provincial Public Security Departments, and Municipal Public Security Departments directly under the Central Government are responsible for implementing this Circular.
2. The Director of the Personnel Organization Department guides and monitors the implementation of this Circular.
During the implementation process, if there are difficulties or obstacles, public security units and localities are requested to report to the Ministry of Public Security (through the Personnel Organization Department) for consideration and resolution./.
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