Circular No. 44/2021/TT-BCA on the implementation of democracy in the admission process for the People's Police of Vietnam

CIRCULAR
Regulations on Implementing Democracy in Recruitment to the People's Public Security Force

Pursuant to the Law on Access to Information dated April 6, 2016;

Pursuant to the Law on People's Police dated November 20, 2018;

Pursuant to Resolution No. 55/NQ-UBTVQH10 dated August 30, 1998 of the Standing Committee of the National Assembly on the issuance of the Code of Conduct for Implementing Democracy in the Activities of State Agencies;

Pursuant to Decree No. 04/2015/NĐ-CP dated January 9, 2015 of the Government on implementing democracy in the activities of administrative state agencies and public service units;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Training Department°;

The Minister of Public Security promulgates this Circular on implementing democracy in recruitment to the People's Public Security Force.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the subjects, objectives, principles, methods, and contents of implementing democracy in recruitment to the People's Public Security Force.

Article 2. This Circular applies to units under the Ministry, provincial public security organs (hereinafter referred to as public security units and localities), academies, police training institutions (hereinafter referred to as police training institutions), police officers, non-commissioned officers of the People's Public Security Force, citizens fulfilling their obligation to participate in the People's Public Security Force (hereinafter referred to as cadres and soldiers), and agencies, organizations, and citizens related to recruitment to the People's Public Security Force.

Article 2. Objectives of Implementing Democracy in Recruitment to the People's Public Security Force

Point 1. To promote the active role of organizations, cadres, soldiers, and citizens in inspection and supervision to enhance the quality and effectiveness of recruitment to the People's Public Security Force, thereby selecting qualified citizens who meet the conditions and standards for joining the People's Public Security Force to meet the requirements for supplementing and developing human resources within the People's Public Security Force and building a revolutionary, regular, elite, and modern public security force.

Point 2. To ensure the legitimate rights and interests of cadres, soldiers, agencies, organizations, and citizens with the desire to participate in or be related to recruitment to the People's Public Security Force; to highlight the role and responsibility of heads of public security units and localities, and police training institutions in implementing transparency and openness in recruitment to the People's Public Security Force.

Point 3. To prevent, detect, stop, and combat manifestations and behaviors of corruption and negative practices in recruitment to the People's Public Security Force.

Article 3. Principles of Implementing Democracy in Recruitment to the People's Public Security Force

Point 1. To comply with the Constitution, laws, and regulations of the Ministry of Public Security on recruitment; to implement transparency and openness in recruitment to the People's Public Security Force, except for contents falling within the scope of state secrets and work-related secrets as defined by the Ministry of Public Security.

Point 2. To ensure the leadership and guidance of Party committees; to emphasize the management and operational responsibilities of heads of public security units and localities, and police training institutions; to ensure the principle of democratic centralism, collective leadership, individual responsibility, and accountability before the law and superiors regarding the activities of the unit.

Point 3. Strictly prohibit acts of harassment and causing inconvenience to cadres, soldiers, and citizens with the desire to participate in recruitment to the People's Public Security Force. Timely and strictly handle any acts that abuse democracy to violate recruitment regulations or infringe upon the legitimate rights and interests of agencies, organizations, and individuals participating in recruitment to the People's Public Security Force.

Chapter II

SPECIFIC PROVISIONS

Article 4. Contents of Transparency in Recruitment to the People's Public Security Force

Point 1. Regulations on quotas, subjects, conditions, criteria for application, methods of recruitment, majors and specializations for training, subjects for admission exams, minimum quality thresholds for admission, procedures for application forms, service fees for recruitment at various levels and types of training provided by police training institutions.

Point 2. Time and location for receiving application forms, time for examinations and admissions, examination locations, admission times, enrollment times, information about recruitment officers.

Point 3. Preliminary selection results, re-examination results of preliminary selections, examination scores, re-examination scores, admission scores for candidates; admission results and successful candidates (by registration number).

Point 4. Other contents (if any) as prescribed by law and the Ministry of Public Security.

Article 5. Forms of Public Disclosure

Article 5. Depending on the characteristics, nature, level of confidentiality, and content that must be disclosed, public security units and localities, and police training institutions shall use one, several, or all of the following disclosure methods:

a) Posting on the electronic information website of public security units and localities (if available);

b) Posting on mass media such as radio, print, television, and online news;

c) Notifying through administrative documents;

d) Announcing at meetings of key cadres; meetings and unit briefings;

đ) Posting at the headquarters of public security units and localities (at the district level and above), and police training institutions;

e) Directly informing cadres, soldiers, citizens participating in recruitment, and residents in the area;

g) Other methods as prescribed by law.

Point 2. Information on recruitment to the People's Public Security Force shall be announced according to the methods prescribed in Clause 1 of this Article at least thirty days before the date of receiving application forms for registration.

Article 6. Implementing democracy in preliminary selection for admission

1. Preliminary selection for admission to the People's Public Security includes: receiving registration for candidacy; assessing academic performance, conduct, moral character; health checkup; aptitude test, other abilities, and political criteria verification or preliminary verification of personal history, completing the candidacy application file according to the Public Security Ministry’s regulations on admission.

2. Public Security units and localities establish Preliminary Selection Boards and specialized committees (if necessary) within their authority.

Individuals with children, spouses, parents, siblings, or foster children of themselves or their spouse who are candidates shall not participate in the Preliminary Selection Board and specialized committees.

3. The Preliminary Selection Board ensures the correct and complete composition as prescribed by the Public Security Ministry, operates openly and democratically, and decides by majority vote.

4. Publicly inform candidates of the preliminary selection results, accept requests for re-examination of preliminary selection results from candidates, organize re-examinations, and notify candidates of the results again.

5. Public Security units and localities issue preliminary selection certificates according to the model prescribed by the Public Security Ministry to candidates who pass the preliminary selection.

Article 7. Implementing democracy in examination and selection

1. Public Security institutions establish Admission Boards and specialized committees within their authority to implement admission work in accordance with laws and Public Security Ministry regulations.

Individuals with children, spouses, parents, siblings, or foster children of themselves or their spouse who are candidates shall not participate in the Admission Board and specialized committees.

2. Public Security institutions must ensure that the acceptance of candidacy applications, examinations, and selections are conducted correctly according to the target group, standards, recruitment areas, procedures, formalities, and timeframes; ensuring objectivity, transparency, and fairness in accordance with established rules and regulations.

3. At examination and selection sites, there must be mailboxes and contact phone numbers for candidates to provide feedback on admission work and report violations of examination rules.

4. The Admission Board is responsible for strictly and impartially handling officials and candidates who violate examination rules; strictly implementing confidentiality regarding locations, times, personnel involved in question preparation, test management, marking, and re-marking according to examination rules. Examination and re-marking results must be publicly posted at Public Security institutions or on the institution's electronic information website and sent to candidates within the specified timeframe.

5. The Admission Board decides on the selection score criteria; publicly announce examination scores, selection scores, selection results, and successful candidates (by candidate registration number) and send the list of successful candidates to Public Security units and localities for coordinated notification to candidates in accordance with laws and Public Security Ministry regulations.

6. Public Security institutions send notifications to successful candidates for enrollment and specify necessary procedures for candidates upon enrollment, accepting successful candidates for enrollment within the stipulated timeframe.

Article 8. Responsibilities of the head of the unit directly organizing the recruitment activities for the People's Police

1. Issuing and publicizing regulations, rules, procedures for organizing recruitment activities of the unit; assigning tasks to deputy leaders based on their capabilities, specialties, work experience in the field they are responsible for, and guidance from competent authorities (if any).

2. Strictly implementing all regulations, rules, and procedures for recruitment work and emphasizing the exemplary responsibility of the unit’s leader.

3. Listening to feedback, suggestions, and criticism from officers, soldiers, and citizens. When officers, soldiers, and citizens register to meet and have reasonable content and reasons, appropriate time should be arranged for meetings. In cases where schedules for receiving and working are changed due to unexpected reasons, timely notification must be given and new schedules should be arranged at different times.

4. Implementing preventive measures, detecting, and preventing acts of corruption, harassment, and causing inconvenience to officers, soldiers, and citizens who wish to participate in or are related to recruitment for the People's Police; handling such acts and creating conditions for competent agencies and organizations to handle individuals involved in these acts.

5. Promptly dealing with individuals obstructing democratic practices in recruitment for the People's Police and retaliating against officers, soldiers, and citizens who file complaints, denunciations, proposals, or feedback according to the law.

Article 9. Responsibilities of officers and soldiers of the People's Police

1. Officers and soldiers when implementing regulations on democracy in recruitment for the People's Police need to raise awareness and sense of responsibility, strictly comply with laws, regulations of the Ministry of Public Security, and the unit's work rules; have the right to inquire and seek information related to recruitment for the People's Police (excluding state secrets); bear responsibility for their participation, supervision, and inspection opinions; refrain from using democratic practices to disseminate incorrect, biased, or unobjective information that affects unity within the unit; strictly prohibit the act of giving money, property, or other benefits when handling recruitment-related matters.

2. For officers directly engaged in recruitment work

a) Strictly adhere to work rules, conduct guidelines, police orders, and the Minister of Public Security's regulations on the behavior code of the People's Police;

b) Bear full responsibility for the accuracy of documents drafted by them and the results of assigned tasks;

c) Prohibit the abuse of authority and duties to harass or cause inconvenience to officers, soldiers, and citizens related to recruitment. Strictly prohibit the act of accepting money, property, or other benefits when handling recruitment-related matters.

Article 10. Responsibilities of Citizens

Citizens participating in or related to recruitment for the People's Police are responsible for complying with the provisions of this Circular; have the right to inquire and seek information related to recruitment for the People's Police (excluding state secrets); bear responsibility for their participation, supervision, and inspection opinions; refrain from using democratic practices to disseminate incorrect or unobjective information that affects the rights and legitimate interests of agencies, organizations, and individuals conducting recruitment for the People's Police; strictly prohibit the act of giving money, property, or other benefits when handling recruitment-related matters.

Article 11. Handling complaints, reports, suggestions, and reflections in recruitment

1. Police officers and citizens have the right to file complaints, reports, suggestions, and reflections when they discover violations in the recruitment process for the People's Public Security Force. Complaints, reports, suggestions, and reflections regarding recruitment into the People's Public Security Force must be received, examined, processed, and resolved promptly by the head of the unit upon receipt, in accordance with the provisions of the law. In cases where necessary, report to the competent authority to resolve according to the law and regulations of the Ministry of Public Security. Any errors in the recruitment work of local public security units, schools must be resolved, processed, and remedied promptly to ensure the rights and interests of police officers and citizens participating in the recruitment process.

2. In cases where it has been verified that candidates have violated regulations and do not meet the conditions and standards, based on current regulations, the recruiting unit shall consider issuing a decision to revoke the recruitment decision within its authority and report to the Training Department, while strictly disciplining police officers who have committed errors in the recruitment process in accordance with the rules and regulations, and publicly announcing this within the People's Public Security units, schools.

Chapter III

IMPLEMENTING PROVISIONS

Article 12. Effective Date

This Circular takes effect from June 16, 2021, and replaces the provisions on democratic implementation in recruitment for the People's Public Security Force stipulated in Circular No. 03/2010/TT-BCA dated January 14, 2010, issued by the Minister of Public Security on the implementation of democracy in the recruitment and selection of citizens for the People's Public Security Force.

Article 13. Responsibility for Implementation

1. The Training Department shall take the lead and coordinate with the Legal System and Administrative Reform Department to assist the leadership of the Ministry in organizing inspections and urging the implementation of this Circular. When discovering that local public security units and schools fail to implement the democratic provisions stipulated in this Circular correctly, violate recruitment regulations, the Training Department shall report to the Ministry's leadership to request rectification or cancellation of the recruitment results and strict handling of the violating units and individuals.

2. Heads of local public security units and schools have the responsibility to disseminate and implement this Circular throughout all police officers and organize its implementation. This Circular will be publicly announced on the Ministry of Public Security's electronic portal and the electronic information pages of local public security units and schools (if available) so that agencies, organizations, and citizens can comply.

3. Annually and upon request of the Implementation of Democracy at the Grassroots Level Steering Committee of the Ministry of Public Security, local public security units and schools shall organize mid-year reviews and final summaries of the implementation of this Circular and report to the Training Department for consolidation and reporting to the Implementation of Democracy at the Grassroots Level Steering Committee of the Ministry of Public Security.

4. During the implementation process, if there are difficulties or obstacles, local public security units, schools, police officers, agencies, organizations, and citizens should reflect these issues to the Ministry of Public Security (through the Training Department and the Legal System and Administrative Reform Department) for guidance and clarification./.