Circular No. 45/2015/TT-BCA on the issuance of confidence votes for leaders and commanders in the People's Police

CIRCULAR
Regulations on trust votes for leaders and commanders in the People's Public Security Force
Regarding leaders and commanders in the People's Public Security Force

Pursuant to the Law on People's Police 2014;

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014, 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 Political General Department of the People's Public Security Force;

The Minister of Public Security issues this Circular to regulate trust votes for leaders and commanders in the People's Public Security Force.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to units and local public security forces.

Article 2. Applicability

This Circular applies to units and local public security forces.

Article 3. Subjects of trust votes vote of confidence

1. Deputy Ministers.

2. Directors of General Departments, Deputy Directors of General Departments and equivalent positions.

3. Directors, Deputy Directors of Departments under the Ministry and General Departments and equivalent positions.

4. Directors, Deputy Directors of Provincial and Central City Public Security Services and Fire Prevention and Fighting Services.

5. Chiefs of District, County, City, and Town Public Security Services (hereinafter referred to collectively as Chiefs of District-level Public Security Services).

In cases where cadres are newly transferred, reassigned, reappointed, or appointed to positions during the year of voting, trust votes will not be conducted.

Article 4. Principles

1. Trust votes (by secret ballot) shall be conducted regularly halfway through the term of the Party Congress, ensuring the principle of unified Party leadership over cadre work and management of the cadre corps; emphasizing the responsibility of Party committees at all levels, Party organizations, leadership collectives, and heads at all levels.

2. Ensuring democracy, objectivity, fairness, and transparency in conducting trust votes and using the results of trust votes; strictly prohibiting and severely punishing any mobilization, solicitation, or abuse of trust votes to harm collective and individual reputations, causing division and internal discord.

3. The results of trust votes shall be publicly disclosed to the subjects of trust votes, cadres participating in recording trust votes, leadership collectives at the same level, and reported to the competent authority managing the cadre position.

4. Trust votes are one of the important information channels for evaluating and deploying cadres.

Article 5. Places for conducting trust votes

1. Trust votes shall be organized at the unit where the cadre is working.

2. For the positions of Director of Public Security Service and Fire Prevention and Fighting Service, and Chief of District-level Public Security Service who have already undergone trust votes in two places (People's Council and local Party Committee), trust votes will not be conducted within the People's Public Security Force.

3. Subjects subject to trust votes at the People's Council shall follow the regulations of the National Assembly; subjects subject to trust votes at the local Party Committee shall follow Regulation No. 262-QĐ/TW dated October 8, 2014 of the Politburo.

Article 6. Time for conducting trust votes

Trust votes shall be conducted after the mid-year review of the third year (halfway through the term of the Party Congress at all levels). For academies and people's public security schools, it shall be organized at the end of the academic year halfway through the term of the Party Congress.

In special cases, ballots may be sent to individuals with specified return times (prior approval from the Ministry leadership is required before implementation).

Article 7. Content of confidence votes and consolidation of confidence vote results

1. Content of confidence votes

Based on the following criteria:

a) Political quality and lifestyle ethics:

- Political stance, viewpoint, political thought in implementing the Party's policies and resolutions; compliance with the Party's principles and regulations, state policies and laws;

- Responsibility spirit in work, attitude towards serving the people, compliance with organizational assignments;

- Honesty, pure motives, fairness, impartiality, objectivity, maintaining principles in work; ability to unite internal staff and self-criticism, criticism;

- Anti-corruption efforts, personal gain-seeking; exemplary behavior of oneself, spouse, and children regarding ethics, lifestyle, and compliance with policies and laws;

- Reputation among cadres, party members, and the public.

b) Practical capability:

- Results of leading the specific implementation of the Party's policies and resolutions, state policies and laws, directives, resolutions, and regulations of the Sector in the assigned field;

- Dynamism, decisiveness, courage to think, act, and take responsibility in leadership and management; forecasting and handling difficult and complex situations within the scope of responsibility;

- Results and quality of advisory recommendations in the assigned field;

- Quantity, quality, and effectiveness of work according to assigned responsibilities and tasks; level of completion of tasks for units under responsibility;

- Results of leading cadre work and building a cadre team at the local level, agency, or unit; ability to identify, train, and utilize personnel with both virtue and talent;

- Results of leading anti-corruption, thrift, and elimination of negative practices; resolution of complaints and petitions in the assigned field and scope;

The above criteria are assessed from the beginning of the term to the time of taking the confidence vote; the time of rotation, transfer, appointment, or reappointment (for those rotated, transferred, appointed, or reappointed after the Party Congress).

2. Confidence vote forms and recording of confidence votes:

a) Confidence vote forms are presented according to the model issued along with this Circular. On the form, the full name and position of the person being voted on are clearly stated, along with corresponding boxes for "high confidence", "confidence", and "low confidence";

b) Based on the criteria for confidence votes as mentioned above, the person recording the confidence vote objectively assesses the cadre being voted on and marks one of the three boxes: "high confidence", "confidence", or "low confidence";

c) An invalid vote is one that falls into any of the following cases: a vote not issued by the counting committee; a vote with crossed-out names printed on it; a vote with additional names or other information added; a vote without any marking or marked in two or three boxes corresponding to the name of one person being voted on.

3. Consolidation of confidence vote results:

a) The confidence vote results for each individual are consolidated by the counting committee as follows: full name and position of the person being voted on; total number of votes issued; total number of votes returned and valid votes; total number of high confidence votes and percentage over the total number of returned votes; total number of confidence votes and percentage over the total number of returned votes; total number of low confidence votes and percentage over the total number of returned votes;

b) For individuals being voted on in two places, the assessment of confidence will be decided by the competent authority based on a comprehensive review of the confidence vote results in each place.

Article 8. Responsibilities of collectives and individuals in conducting confidence votes

1. Responsibilities of Party committees and leaders of public security units and localities:

a) Leading and organizing the conduct of confidence votes for cadres under their management authority who work at their units and localities, and reporting the results of the confidence votes to the competent authority managing them (through the cadre organization department of the competent management authority);

b) Directing the conduct of confidence votes for cadres under their management, and inspecting and guiding subordinates in conducting confidence votes.

2. Responsibilities of the cadre organization departments of public security at all levels:

a) Cooperating with relevant units, assisting Party committees and unit leaders in preparing for confidence votes;

b) Collecting information requests, responding to information requests for cadres subject to confidence votes after verification and with the opinion of the cadres subject to confidence votes.

3. Responsibilities of those subject to confidence votes:

Providing complete and truthful information related to the content of confidence votes when requested; responding to information requests to the cadre organization department to respond to requesters (at least three days before the date of the confidence vote).

4. Responsibilities of those recording votes:

a) Expressing their views and evaluations of those subject to confidence votes by marking on the ballot (as stipulated in point b, Clause 2, Article 7 of this Circular);

b) Those recording confidence votes may sign or not sign on the ballot;

c) When there are issues that need clarification, those recording votes may make requests to those subject to confidence votes in writing (at least fifteen days before the date of the confidence vote).

Chapter II
PROCEDURE FOR CONDUCTING CONFIDENCE VOTES

Article 9. Chairing confidence votes and participants in recording confidence votes at the unit where the cadre works

1. For Deputy Ministers:

a) Chairing the confidence vote: Secretary of the Central Public Security Party Committee, Minister of Public Security;

b) Participants in recording confidence votes: Members of the Central Public Security Party Committee, leaders of the Ministry of Public Security; Directors of General Departments and Heads of subordinate units of the Ministry; Secretaries of Youth Unions, Presidents of Women's Associations, Presidents of Public Security Workers' Unions;

c) Attending the confidence vote meeting: inviting representatives from the Central Organization Department, the Central Inspection Committee, the Central Office.

2. For General Department Directors, Deputy General Department Directors and equivalent positions:

a) Chairing the confidence vote: General Department Director;

b) Participants in recording confidence votes: Members of the General Department Party Committee, leaders of the General Department; Directors of units under the General Department; Secretaries of Youth Unions, Presidents of Women's Associations, Presidents of Public Security Workers' Unions (if applicable);

c) Attending the confidence vote meeting: inviting representatives from the Central Inspection Committee of the Central Public Security Party Committee, the General Political Department of Public Security.

3. For Directors and Deputy Directors of units directly under the Ministry (collectively referred to as "Director"):

a) Chairing the confidence vote: Director;

b) Participants in recording confidence votes: Members of the Party Committee of the Directorate, leaders of the Directorate; Heads of units under the Directorate; Heads of mass organizations under the Directorate (if applicable);

c) Attending the confidence vote meeting: inviting representatives from the Central Inspection Committee of the Central Public Security Party Committee, the Directorate of Cadre Organization.

4. For Directors and Deputy Directors of units under General Departments (collectively referred to as "Director"):

a) Chairing the confidence vote: Director;

b) Participants in recording confidence votes: Members of the Party Committee of the Directorate, leaders of the Directorate; Heads of units under the Directorate; Heads of mass organizations of the Directorate (if applicable);

c) Attending the confidence vote meeting: inviting representatives from the Inspection Committee of the General Department Party Committee, the Cadre Organization Department of the General Department.

5. For Provincial Public Security Directors and Fire Prevention and Control Police Directors of centrally-administered cities (collectively referred to as "Provincial Public Security, Fire Prevention and Control Police"):

a) Chairing the confidence vote: Leaders of the General Political Department of Public Security;

b) Participants in recording confidence votes: Members of the Party Committee, leaders of Provincial Public Security and Fire Prevention and Control Police; Heads of units under Provincial Public Security and Fire Prevention and Control Police, County-level Public Security Chiefs; Secretaries of Youth Unions, Presidents of Women's Associations, Presidents of Public Security Workers' Unions (if applicable);

c) Attending the confidence vote meeting: inviting representatives from the Provincial/Township Party Committee Organization Department, Inspection Committee, Office; the Cadre Organization Directorate.

6. For Deputy Provincial Public Security Directors and Deputy Fire Prevention and Control Police Directors of centrally-administered cities:

a) Chairing the confidence vote: Provincial Public Security Director;

b) Participants in recording confidence votes: Members of the Party Committee, leaders of Provincial Public Security and Fire Prevention and Control Police; Heads of units under Provincial Public Security and Fire Prevention and Control Police, County-level Public Security Chiefs; Secretaries of Youth Unions, Presidents of Women's Associations, Presidents of Public Security Workers' Unions (if applicable);

c) Attending the confidence vote meeting: inviting representatives from the Provincial/Township Party Committee Organization Department, Inspection Committee, Office; the Cadre Organization Directorate.

In places where confidence votes are conducted for the position of Provincial Public Security Director and Fire Prevention and Control Police Director within the Public Security system, the leadership of the General Political Department will chair the confidence vote for the position of Deputy Provincial Public Security Director.

7. For County-level Public Security Chiefs:

a) Chairing the confidence vote: Provincial Public Security leaders;

b) Participants in recording confidence votes and attending the confidence vote meeting are similar to those participating in the confidence vote for the appointment of County-level Public Security leaders.

Article 10. Procedures for Conducting Confidence Votes

1. Preparation for Conducting Confidence Votes

The personnel organization agency of the unit or the unit's leadership (if the unit does not have a personnel organization agency) where the officials work shall be responsible for:

a) Preparing confidence vote ballots with a list of officials subject to the confidence vote; confidence vote criteria (with the unit's seal attached; if there is no separate seal, then attach the seal of the directly managing superior authority);

b) Reporting and proposing:

- The time to organize the confidence vote meeting (in accordance with Article 6 of this Circular); the anticipated membership of the ballot counting team;

- Inviting delegates to attend the confidence vote meeting (in accordance with Article 9 of this Circular).

2. Conducting Confidence Votes:

a) The leading chairperson shall publicize the purpose, requirements, criteria, and list of officials subject to the confidence vote;

b) Forming the ballot counting team;

c) The ballot counting team: guiding how to fill out the ballot, distributing ballots; estimating the necessary time for the meeting to fill out and cast ballots; compiling the results of the ballot count, drafting the ballot counting minutes (in accordance with Clause 3, Article 7 of this Circular); reporting the ballot count results to the meeting; sealing the ballots and handing them over to the personnel organization agency for management and storage.

The ballot counting minutes shall be drafted in three copies, two copies sent to the directly managing superior, and one copy retained at the unit according to confidentiality regulations.

3. Publicizing the Results of Confidence Votes

The agency where the officials are working shall publicly announce the confidence vote results in accordance with Clause 3, Article 4 of this Circular and report the results to the competent authority managing officials (along with the ballot counting minutes).

Article 11. Utilization of Confidence Vote Results

1. Confidence vote results shall be used as a reference in evaluating officials, serving as a basis for personnel planning, reassignment, appointment, recommendation for candidacy, removal from office, and implementation of official systems and policies.

2. Comrades who receive more than 50% low confidence votes shall be considered for removal from the list of candidates for higher positions when reviewing and supplementing the planning and considering appropriate job arrangements.

3. Comrades who receive two-thirds or more low confidence votes shall be promptly reviewed; if deemed unsuitable for their duties, they shall be asked to resign or relieved of their positions to be reassigned to other jobs without waiting until the end of their term or service age.

Chapter III
IMPLEMENTING PROVISIONS

Article 12. Effective Date

This Circular takes effect from November 1, 2015, and replaces Circular No. 38/2013/TT-BCA dated September 23, 2013, issued by the Minister of Public Security on annual confidence votes for leaders and commanders in the People's Public Security.

Article 13. Responsibility for Implementation

1. The General Chiefs, Heads of Units under the Ministry, Provincial Police Directors, Fire and Rescue Service Directors of centrally governed cities shall be responsible for implementing this Circular.

2. The Political Bureau of the Public Security shall be responsible for coordinating with relevant units to monitor, inspect, and guide the implementation of this Circular.

3. During the implementation process, if there are any difficulties, local police units shall report to the Ministry (through the Political Bureau of the Public Security) for timely guidance.