Circular No. 70/2019/TT-BCA on the examination for transfer to the professional regime for conscript non-commissioned officers who have completed their service term in the People's Public Security Forces

CIRCULAR

Regulations ontransferring to the professional regime for conscript non-commissioned officers who have completed their service term in the People's Internal Security Forces

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;

Pursuant to Decree No. 70/2019/NĐ-CP dated August 23, 2019 of the Government on the implementation of the duty to participate in the People's Public Security Force;

At the proposal of the Director of the Cadre and Civil Servant Management Department;

The Minister of Public Security issues this Circular to regulate the transfer to the professional regime for conscript non-commissioned officers who have completed their service term in the People's Internal Security Forces..

Article 1. Scope of Regulation

This Circular regulates the transfer to the professional regime (hereinafter referred to as "transfer to the professional regime") for conscript non-commissioned officers who have completed their service term in the People's Internal Security Forces.

Article 2. Object of the transfer to the professional regime

Conscript non-commissioned officers who have completed their service term in the People's Internal Security Forces according to Clause 3, Article 4 of Decree No. 70/2019/ND-CP dated August 23, 2019 of the Government on implementing the obligation to participate in the People's Internal Security Forces (hereinafter referred to as Decree No. 70/2019/ND-CP).

Article 3. Basis for the transfer to the professional regime

The transfer to the professional regime for conscript non-commissioned officers who have completed their service term shall be carried out based on the following grounds:

1. Annual quota for the transfer to the professional regime of each unit under the Ministry, provincial public security organs, and centrally-administered municipal public security organs (hereinafter referred to as "public security units and localities") approved by the Minister of Public Security;

2. Conscript non-commissioned officers meeting the conditions and standards for the transfer to the professional regime as stipulated in Article 5 of this Circular;

3. Scoring points for discipline, university admission examination scores for the Police Academy, and preferential points (if any).

Article 4. Principles for the transfer to the professional regime

1. Implementing the principle of centralized democracy; emphasizing the responsibility of the Party committee and leadership of public security units and localities.

2. Ensuring the correct target, sufficient conditions, and standards to meet the requirements of tasks at each position.

3. In accordance with authority, procedures, and annual quotas for the transfer to the professional regime approved by the Minister of Public Security.

Article 5. Conditions, standards, and ratio for the transfer to the professional regime

1. Conditions and standards

Implemented in accordance with Clause 2, Article 9 of Decree No. 70/2019/ND-CP and the following provisions:

a) Political standard:

Having good moral character, being trusted by officers and soldiers in the unit, and meeting the political standards prescribed by the Minister of Public Security regarding the political standards of officers and soldiers in the People's Internal Security Forces;

b) Health standard:

Meeting the health standards for selecting citizens into the People's Internal Security Forces as prescribed by the Minister of Public Security regarding health standards for admission examinations and selection of personnel into the People's Internal Security Forces;

c) Educational standard:

Holding a high school diploma or higher. In cases where individuals hold a junior high school diploma and were selected to fulfill their obligation to participate in the People's Internal Security Forces according to Clause 4, Article 5 of Decree No. 70/2019/ND-CP, if public security units and localities have a need to transfer to the professional regime to strengthen cadres for public security forces in districts and units stationed in areas (where the citizen has permanent residence before fulfilling the obligation), they may consider and transfer to the professional regime in accordance with this Circular.

2. Ratio for the transfer to the professional regime

Annually, based on the staffing situation and needs, the Minister of Public Security decides the ratio for the transfer to the professional regime for conscript non-commissioned officers who have completed their service term in each public security unit and locality. The ratio for the transfer to the professional regime for males/females is calculated based on the total number of male/female non-commissioned officers who have completed their service term.

Article 6. Professional Transfer Examination Board

1. Based on the quota approved by the Minister, the Public Security unit or locality shall decide to establish a Professional Transfer Examination Board for conscript non-commissioned officers who have completed their service term, including:

a) The Chairman of the Board is the Head of the Public Security unit or locality;

b) The Vice-Chairman of the Board is the Deputy Head of the Public Security unit or locality in charge of force building work;

c) Members: Heads of organizational and personnel departments, inspection, health departments, and representatives of county-level Public Security leadership, battalion and equivalent, independent company leaders (where conscript non-commissioned officers perform their duties);

d) Secretary: Staff member responsible for examining and transferring to the professional system of the organizational and personnel department under the Public Security unit or locality;

đ) Permanent Office: Organizational and personnel department of the Public Security unit or locality.

2. The Board operates based on collective principles, majority voting, and has the following tasks:

a) Guide and review the results of scoring for professional transfer examination;

b) Based on the comments and evaluations from the Party committee and command of the unit managing conscript non-commissioned officers, the scoring results to determine cases meeting the conditions to continue the professional transfer examination according to the quota approved by the Minister of Public Security;

c) Organize health check-ups, verification, and political standard certification as prescribed;

d) Examine and approve cases meeting the criteria and conditions for transferring to the professional system;

đ) Summarize the results, report to the Standing Committee of the Party Committee and leadership of the Public Security unit or locality for comments before submitting to the Head of the Public Security unit or locality for decision on transferring to the professional system for each specific case. In cases where there are two or more cases with equal total scores at the final quota, after referring to the priority order specified in Clause 3 of Article 9 and Clause 2 of Article 10 of this Circular, and still unable to select personnel for professional transfer, the Head of the Public Security unit or locality shall decide on the person to be transferred to the professional system and bear responsibility for their decision;

e) Within thirty days from the date the Minister of Public Security approves the quota, the professional transfer examination must be conducted as stipulated in this Circular;

g) Resolve complaints and denunciations regarding the results of the professional transfer examination.

Article 7. Documents for Professional Transfer Examination

The documents for professional transfer examination include:

1. Voluntary application for long-term service in the People's Public Security Force.

2. Self-declared resume (according to the model prescribed by the Minister of Public Security for background investigation in the People's Public Security Force).

3. Background investigation report (according to the model prescribed by the Minister of Public Security for background investigation in the People's Public Security Force).

4. Health certificate issued by the authorized health authority, with a 4x6 cm portrait photograph affixed (with overlapping seal).

5. Certificate of National High School Examination results for university admission in the Public Security Force (with red stamp or certified copy).

6. Evaluation and assessment report of conscript non-commissioned officers prior to professional transfer examination (according to the model prescribed by the Minister of Public Security for evaluation and assessment of conscript non-commissioned officers and soldiers in the People's Public Security Force).

7. Copies of legal documents certifying eligibility for preferential treatment (if applicable).

Article 8. Calculation of Points for Professional Transfer Examination

The calculation of points for the transfer examination of conscript non-commissioned officers completing their service term shall be carried out as follows:

1. Training Points

The training points to be added to the total points for the professional transfer examination are determined based on the sum of the annual training points, specifically as follows:

a) Completing tasks in one year is counted as 5.0 points;

b) Receiving the title of "Outstanding Soldier" in one year is counted as 8.0 points;

c) Receiving the title of "Model Soldier at the Base Level" in one year is counted as 10.0 points;

2. Points for University Admission to Public Security

The points for university admission to public security to be added to the total points for the professional transfer examination are the sum of the examination subject scores and preferential points in the university admission according to the annual admission regulations of the Ministry of Education and Training, including:

a) Subject scores (without coefficient) are determined based on the Certificate of Examination Results of the National High School Examination. In case the Certificate of Examination Results is lost, it must be reissued according to the regulations of the Minister of Education and Training;

b) Preferential points for admission are determined according to the annual admission regulations of the Ministry of Education and Training (excluding preferential points specified for conscript non-commissioned officers);

c) For cases violating the admission regulations of the Ministry of Education and Training and being penalized with warnings, suspension from the examination, deduction of 50% or more of the total score of the examination, or cancellation of examination results, they will not be eligible for professional transfer examination.

3. Preferential Points for Professional Transfer Examination

The preferential points for professional transfer examination to be added to the total points for the professional transfer examination are the sum of the preferential point groups, including:

a) Group 1

Object 1: Add 2.0 points to the total points for the professional transfer examination for conscript non-commissioned officers who are the biological children of police officers (currently working or retired); indefinite-term contractual workers enjoying state budget salaries in the People's Public Security, retired police officers due to health reasons, transferred to other sectors, discharged from military service, or deceased but having continuously worked in the People's Public Security for at least 15 years. If the police officer or contractual worker has been criminally processed, dismissed, or had their police rank revoked, their biological child will not be entitled to preferential points;

Object 2: Add 1.5 points to the total points for the professional transfer examination for conscript non-commissioned officers who are the biological children of village police chiefs (currently working, retired, deceased, dismissed, or transferred to other positions) having continuously worked in the village police force (part-time) for at least 15 years. If the village police chief has been criminally processed or dismissed or transferred to another position due to disciplinary action, their biological child will not be entitled to preferential points. The head of the police unit or local authority is responsible for the accuracy of this object.

b) Group 2

Object 1: Add 2.0 points to the total points for the professional transfer examination for conscript non-commissioned officers if they fall under any of the following circumstances:

Before joining the People's Public Security to fulfill their duty, they have graduated and received a postgraduate education diploma.

During the period of active service, they have achieved outstanding results in protecting national security, maintaining social order and safety, combating crime, or firefighting and rescue operations, and have been awarded a certificate of merit by the Minister of Public Security or the Chairman of the Provincial People's Committee.

Object 2: Add 1.5 points to the total points for the professional transfer examination for conscript non-commissioned officers if before joining the People's Public Security to fulfill their duty, they have graduated and received a bachelor's degree diploma.

Object 3: Add 1.0 point to the total points for the professional transfer examination for conscript non-commissioned officers if before joining the People's Public Security to fulfill their duty, they have graduated and received a college diploma (including vocational college).

Object 4: Add 0.5 points to the total points for the professional transfer examination for conscript non-commissioned officers if they fall under any of the following circumstances:

Before joining the People's Public Security to fulfill their duty, they have graduated and received a diploma in secondary or primary education (including secondary vocational and primary vocational education);

Before joining the People's Public Security to fulfill their duty, they were admitted into the Communist Party of Vietnam, and during their active service, they were classified as qualified party members who completed their tasks or better every year, or were admitted into the Communist Party of Vietnam during their active service;

During the period of active service, they have achieved results in protecting national security, maintaining social order and safety, combating crime, or firefighting and rescue operations, and have been awarded a commendation letter by the Director of the Provincial Public Security Department, the Bureau Chief, or equivalent.

Article 9. Consideration for professional conversion based on training points and preferential points

1. Recipients

a) Conscript non-commissioned officers who have a secondary school diploma as specified in point c, Clause 1, Article 5 of this Circular;

b) Conscript non-commissioned officers meeting the standards prescribed in Clause 1, Article 5 of this Circular (excluding the subjects mentioned in point a of this clause), who registered to take the examination for admission to university-level police education but were unable to participate due to objective reasons such as: having a family member (including: father, mother; father-in-law, mother-in-law or father-in-law, mother-in-law; legal guardian; wife or husband or biological child, legally adopted child) deceased; personally suffering from accidents, illness requiring hospitalization at a medical facility or natural disasters preventing participation in the examination (these reasons must be confirmed by the head of the police unit or local police authority).

2. Quantity

The quantity for professional conversion is calculated according to the formula:

The result of the calculation shall be rounded off as prescribed.

Example: Police Department A has 90 conscript non-commissioned officers completing their service term, of which 12 are conscript non-commissioned officers within the scope defined in Clause 1 of this Article, the quota for professional conversion approved by the Ministry of Public Security for the Police Department is 18 (20.0% ratio), the direct admission quota is 02, then the number of conversions to the professional system for these cases will be 2.0 [((12 : 90) % x (18 - 2)), corresponding to 13.33% x 16 = 2.13 (rounded to 2.0)]. In another example, if the calculation result is 2.511, it will be rounded to 3.0 (three).

3. Method for considering professional conversion

The professional conversion review board bases its decision on the number of conscript non-commissioned officers within the scope defined in Clause 1 of this Article, selecting candidates based on the total examination score (training points + preferential points) from highest to lowest until the required number determined by the formula stipulated in Clause 2 of this Article is reached. If two or more candidates have the same score at the final quota, priority will be given in the following order:

a) Conscript non-commissioned officers who are the biological children of police officers (currently employed or retired, deceased);

b) Conscript non-commissioned officers belonging to ethnic minorities with very small populations (ethnic groups with less than 10,000 people);

c) Conscript non-commissioned officers who are members of ethnic minorities living, studying, and having permanent residence registration (before being selected to serve in the People's Police) in particularly difficult hamlets, villages in areas III, II, and I in ethnic minority and mountainous regions as prescribed in Decision No. 103/QĐ-TTg dated January 22, 2019.

Article 10. Consideration for professional conversion based on training points, university admission examination scores, and preferential points

1. For female conscript non-commissioned officers

The professional conversion review board bases its decision on the quota for female conscript non-commissioned officers, after deducting the number of direct admissions as specified in Article 11 of this Circular and the number of conversions as specified in Article 9 of this Circular, selecting candidates based on the total examination score (training points + university admission examination scores + preferential points) from highest to lowest until the quota approved by the Minister of Public Security is filled. If two or more candidates have the same total professional conversion examination score at the final quota, priority will be given in the following order:

a) Non-commissioned officers who have completed higher education;

b) If they have the same level of education, those with higher graduation grades or rankings will be prioritized;

c) Higher university admission examination scores;

d) If the total university admission examination scores are the same, those who are the biological children of police officers will be prioritized.

2. For cases not falling under the provisions of Articles 9, 11, and Clause 1 of this Article

The professional conversion review board bases its decision on the quota approved by the Minister of Public Security, after deducting the number of direct admissions as specified in Article 11 of this Circular and the number of conversions as specified in Article 9 and Clause 1 of this Article, selecting candidates based on the total examination score (training points + university admission examination scores + preferential points) from highest to lowest until the quota approved by the Minister of Public Security is filled. If two or more candidates have the same total professional conversion examination score at the final quota, priority will be given in the order specified in Clause 1 of this Article.

Article 11. Cases of transfer to professional status without counting points

A conscripted non-commissioned officer who has completed their service term and meets the political and health standards as prescribed by the Minister of Public Security may be transferred to professional status (without counting points for selection) according to the quota approved by the Minister of Public Security if they fall under any of the following cases:

1. The biological child of烈士子女，因公牺牲公安民警子女（残疾等级为八级及以上）；公安民警的英雄模范子女。

2. During the period of active service, they have achieved outstanding achievements or meritorious deeds in safeguarding national security, maintaining public order and social safety, combating crime, or firefighting and rescue operations, and have been awarded a Medal or Commendation.

3. During the period of active service, they were injured in work or combat and recognized as a disabled veteran (with a disability rating below 61% and still capable of long-term service in the People's Public Security force according to the conclusion of a competent medical examination institution).

Article 12. Effective Date

1. This Circular takes effect from February 1, 2020. Circular No. 01/2017/TT-BCA dated January 13, 2017, issued by the Minister of Public Security on the examination and transfer to professional status for conscripted non-commissioned officers completing their service term in the People's Public Security force will cease to be effective from February 1, 2020, except for the provisions set out in Article 13 of this Circular.

Clause 2. In cases where the legal normative documents cited for application in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replacing documents.

Article 13. Transitional Provisions

The calculation of points for the examination and transfer to professional status for conscripted non-commissioned officers recruited before July 1, 2019, shall continue to be implemented according to the provisions of Article 7 of Circular No. 01/2017/TT-BCA dated January 13, 2017, issued by the Minister of Public Security on the examination and transfer to professional status for conscripted non-commissioned officers completing their service term in the People's Public Security force. In cases where a conscripted non-commissioned officer participates in the examination for admission to police university twice during their service term, the highest score from the examinations will be used to calculate the points for the examination and transfer to professional status.

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 public security units and localities are responsible for disseminating this Circular to cadres and soldiers and organizing its implementation.

2. The Director of the Cadre and Personnel Department is responsible for guiding and inspecting the implementation of this Circular; establishing uniform forms for use in the examination and transfer to professional status. Any issues encountered during the implementation process should be reported to the Ministry (through the Cadre and Personnel Department) for consolidation and reporting to the Minister for consideration and decision.

Any difficulties encountered during the implementation process shall be reported to the Ministry (through the Cadre Organization Department) for consolidation and reporting to the Minister for consideration and decision./.