Joint Circular No. 65/2004/TTLT-BQP-BNV guiding the implementation of the Government's Decree on the temporary assignment of officers of the Vietnam People's Army

JOINT CIRCULAR

JOINT CIRCULAR NO. 65/2004/TTLT-BQP-BNV OF THE MINISTRY OF NATIONAL DEFENSE AND THE MINISTRY OF INTERIOR DATED MAY 13, 2004 GUIDING THE IMPLEMENTATION OF THE GOVERNMENT DECREE ON DETACHMENT OF OFFICERS OF THE PEOPLE'S ARMED FORCES OF VIET NAM

Pursuant to Decree No. 165/2003/NĐ-CP dated December 22, 2003 of the Government on the detachment of officers of the People's Armed Forces of Viet Nam (hereinafter referred to as Decree 165/CP); after reaching consensus with the Ministry of Education and Training, the Ministry of National Defense and the Ministry of Interior, hereby guide the implementation as follows:

I. DETERMINATION OF REQUIREMENTS FOR ASSIGNING DETACHED OFFICERS

1. Based on the military and defense requirements of each period, the nature of tasks of each agency and organization outside the armed forces, the Ministry of National Defense shall take the lead in coordinating with the Ministry of Interior to organize solicitation of opinions from ministries, agencies at the level of ministries, government agencies, provincial people's committees under the central government (hereinafter collectively referred to as agencies and organizations) regarding the requirements for assigning detached officers and submit them for approval.

2. Agencies and organizations, central Party bodies, Office of the National Assembly, Office of the President that have been assigned detached officers before Decree 165/CP takes effect shall maintain their current organizational structure and staffing of detached officers; when the mission changes and it is necessary to adjust the organizational structure, increase or decrease the requirement for assigning detached officers, the head of the agency or organization shall issue a document to the Ministry of National Defense for consolidation and exchange to reach consensus with the Ministry of Interior, and submit to the Prime Minister for decision so that the Ministry of National Defense can implement.

II. MANAGEMENT OF DETACHED OFFICERS

1. The Minister of National Defense shall decide or propose the competent authority to decide on the transfer and extension of the detachment period of each officer; decide to assign tasks to units under his/her jurisdiction to select and manage detached officers (hereinafter referred to as dispatching units) at agencies and organizations outside the armed forces (hereinafter referred to as using agencies).

2. The General Political Department of the Vietnam People's Army shall assist the Minister of National Defense in taking the lead in coordinating with agencies and organizations within and outside the armed forces to determine the requirements for assigning detached officers, manage the cadre of detached officers, and resolve issues related to detached officers.

3. Dispatching units shall be responsible for:

a. Coordinating with using agencies to comprehensively manage detached officers; annually exchanging with using agencies to unify the assessment of task performance, moral character, capability, health, and family situation of detached officers; regularly hearing reports from detached officers on the results of their detachment tasks.

b. Reviewing proposals from the competent authority to decide on transfers, extensions of the detachment period, promotions, and acceptance and assignment of work when detached officers complete their detachment period; implementing regulations and policies for detached officers as stipulated in Clause 1, Article 15 of Decree 165/CP.

4. Using agencies shall be responsible for:

a. Directly assigning duties, managing all aspects of activities, evaluating, commenting, and proposing further usage directions for detached officers;

b. Implementing regulations and policies for detached officers as stipulated in Clause 2, Article 15 of Decree 165/CP; creating favorable conditions for detached officers to fulfill their assigned tasks.

5. The Ministry of Education and Training shall be responsible for:

a. Managing professional work, controlling the quantity and quality of the cadre of detached officers performing management and teaching duties in national defense education;

b. Participating in discussions with the Ministry of National Defense on planning and plans for building the cadre of detached officers, using and appointing detached officers holding key positions in the management and teaching system of national defense education.

6. Detached officers shall be responsible for: Implementing reporting systems on work results as prescribed by the head of the using agency; reporting work results every six months to the head of the dispatching unit and submitting specialized reports upon request of the head of the dispatching unit.

III. IMPLEMENTATION OF THE DETACHMENT PERIOD OF OFFICERS

1. The detachment period for each officer is five years, calculated as sixty months from the month of the decision to transfer to perform detachment tasks. Three months prior to the end of the detachment period, the dispatching unit must inform the using agency to exchange and unify the submission to the competent authority for decision on transferring another officer to replace or extend the detachment period.

2. For officers transferred to perform detachment tasks before Decree 165/CP took effect:

a. Officers who have performed detachment tasks for more than sixty months are considered to have completed one detachment period; if there is no replacement, they will gradually extend the detachment period over five years; no decision to extend the detachment period will be made for officers in this category.

b. Officers who have not completed sixty months of detachment tasks will be reviewed by the competent authority to decide on transferring another officer to replace or extend the detachment period according to regulations when their detachment period ends.

3. When it is necessary to extend the detachment period of an officer or transfer a detached officer back before the deadline, the using agency or dispatching unit shall base on the nature and requirements of their own agency or unit to proactively propose, exchange to reach consensus, and recommend to the competent authority for decision.

IV. TRANSFER, APPOINTMENT, AND REMOVAL FROM OFFICE OF DETACHED OFFICERS

1. The Minister of National Defense shall decide or propose the competent authority to decide on the transfer and extension of the detachment period of officers. After reaching consensus on personnel with the using agency, the dispatching unit shall consolidate and report to the General Political Department (through the Cadre Bureau) for the Ministry of National Defense to decide or report to the competent authority for decision.

2. The head of the agency using the detached officer shall decide on the appointment and removal from leadership and management positions for the detached officer, after reaching consensus on personnel with the unit that dispatches the detached officer; the agency using the detached officer shall decide within its authority and notify in writing to the unit that dispatches the detached officer regarding the decision on appointment or removal and the job responsibility allowance coefficient already appointed.

3. When examining personnel for transfer, appointment, or removal from positions for the detached officer, the agency using the detached officer shall base on the criteria for the detached officer stipulated in Article 4 of Decree 165/CP to propose specific criteria and conditions for each detached position, exchange and reach consensus with the unit that dispatches the detached officer to select personnel and report to the competent authority for decision.

4. When the unit that dispatches the detached officer or the agency using the detached officer sends a letter to seek opinions on the transfer, extension of the detachment period, appointment, or removal from positions for the detached officer, if no reply is received within one month, the unit sending the letter to seek opinions shall submit it to the competent authority for decision.

5. TRAINING AND DEVELOPMENT OF DETACHED OFFICERS

1. The dispatching unit shall be responsible for organizing training to enhance necessary military knowledge so that the detached officer meets the standards and conditions required for the assigned mission; annually convening the detached officer to participate in military training sessions, listening to reports on military and defense tasks, attending military-political conferences, mid-term and final reviews of mission implementation by the unit; when it is necessary to send the detached officer for long-term concentrated study, the dispatching unit must reach consensus with the agency using the detached officer.

2. The agency using the detached officer shall be responsible for providing necessary training in economics, science and technology, specialized knowledge, and professional skills, organizing training sessions and arranging for the detached officer to participate in study and activity sessions as with other staff under their jurisdiction, creating conditions for the detached officer to combine military and defense tasks closely with the tasks of the agency using the detached officer.

VI. IMPLEMENTATION

1. The Political General Department of the Vietnam People's Army shall have specific plans and measures to direct relevant agencies and units to implement this Circular; regularly conduct annual and five-year reviews of the detached officer assignment mission and propose measures for implementation in subsequent years.

2. The Cadre Department of the Political General Department and the Civil Servant and Public Official Department of the Ministry of Home Affairs shall be responsible for inspection, monitoring the situation, proposing requirements for detached officer assignments, organizing coordination between the unit dispatching the detached officer and the agency using the detached officer in managing and implementing policies for the detached officer.

3. This Circular shall take effect fifteen days from the date of publication in the Official Gazette, all previous guidelines on detached officer assignments contrary to this Circular shall be abolished.

4. During the implementation process, if there are difficulties, the ministries, agencies, organizations where the officers are dispatched for detachment, and military units shall promptly reflect them to the joint ministry for consideration and resolution.