Circular No. 71/2020/TT-BCA on the implementation of democracy in ensuring, managing equipment and logistics in the People's Police

CIRCULAR

Regulations on Implementing Democracy in Equipment Assurance and Logistics Management in the People's Public Security Force
equipment and transportation in the People's Public Security Force

Pursuant to the Law on State Asset Management and Usage 2017;

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 Equipment and Logistics Department;

The Minister of Public Security promulgates this Circular on implementing democracy in equipment assurance and logistics management in the People's Public Security Force.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the purpose, principles, and contents of implementing democracy in equipment assurance and logistics management in the People's Public Security Force.

2. This Circular applies to:

a) Officers, non-commissioned officers, and soldiers of the People's Public Security Force (hereinafter referred to as cadres and soldiers);

b) Units under the Ministry of Public Security, public security forces of provinces and centrally-administered cities (hereinafter referred to as public security units and localities);

c) Agencies, organizations, and individuals related to equipment assurance and logistics management in the People's Public Security Force.

Article 2. Purpose of Implementing Democracy in Equipment Assurance and Logistics Management

1. To ensure and promote the right to self-management of public security units and localities and cadres and soldiers of the People's Public Security Force in equipment assurance and logistics management to meet the requirements for service, combat, and building the People's Public Security Force.

2. To detect, prevent, and promptly handle violations of regulations on equipment assurance and logistics management, contributing to practicing thrift, preventing bureaucracy, corruption, waste, arbitrariness, and harassment during the implementation of equipment assurance and logistics management.

Article 3. Principles of Implementing Democracy in Equipment Assurance and Logistics Management

1. Compliance with the Constitution, laws, and regulations of the Ministry of Public Security on equipment assurance and logistics management.

2. Ensuring the leadership and guidance of the Party Committee, unified management and operation by the heads of public security units and localities in equipment assurance and logistics management according to the principle of democratic centralism and the head system; implementing transparency in indicators, plans for assurance, procurement, distribution, transportation, and equipment management, except for contents within the scope of secrecy as prescribed by the State and the Ministry of Public Security.

3. Strictly prohibiting any actions that exploit democracy in equipment assurance and logistics management for personal gain, hindrance, infringement upon the legitimate rights and interests of agencies, organizations, and individuals; exploiting positions and powers to violate principles, plans, or cause harassment and annoyance.

Article 4. Forms of Transparency

Depending on characteristics, nature, level of confidentiality, and content to be disclosed, public security units and localities shall apply one, several, or all of the following forms of transparency:

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

2. Notifying by written document to cadres and soldiers.

3. Announcing at meetings of key cadres; meetings, unit briefings.

4. Sending documents to persons responsible for work sectors of the unit to notify cadres and soldiers under their management authority.

5. Other forms as prescribed by law.

Chapter II

SPECIFIC PROVISIONS

Section 1

IMPLEMENTING DEMOCRACY IN EQUIPMENT ASSURANCE

 IN THE PEOPLE'S PUBLIC SECURITY FORCE

Article 5. Equipment Assurance Plan

1. Based on the needs to ensure tasks; the quantity and quality of categories that have been issued; standards and usage quotas for state assets in the People's Public Security, units and localities shall establish short-term, medium-term, long-term equipment assurance plans, national reserves, combat reserves, and submit them for approval by competent authorities.

2. Units with functions to advise on equipment assurance work shall examine, study, and balance between budget capacity and equipment capacity that can be met with the actual needs of units and localities' public security to develop plans.

3. The approved equipment assurance plan must be notified in writing to units and localities' public security to be aware and implement.

Article 6. Standards and Quotas for Equipment

1. The establishment of standards and quotas for equipment in the People's Public Security shall be carried out in accordance with the provisions of the law.

2. Units and localities' public security have the responsibility to disseminate to officers and soldiers about the standards and quotas for equipment assurance in their fields of work to carry out inspection and supervision.

3. Units and localities' public security and officers and soldiers have the right to request competent authorities to announce and explain the systems, standards, and quotas for equipment assurance in their fields of work and have the right to lodge complaints and denunciations against violations by units and individuals related to this field; at the same time, they have the responsibility to propose and report to competent authorities to amend, supplement, or replace the systems, standards, and quotas that have been issued. The results of handling complaints, denunciations, negative phenomena, and corruption must be publicly announced in a timely manner according to regulations by competent authorities.

Article 7. Procurement of Equipment

Procurement of equipment must comply with the provisions of specialized laws on procurement and the regulations of the Ministry of Public Security.

Article 8. Issuance of Equipment

1. Units responsible for issuing equipment must ensure transparency and fairness in distribution to units and localities' public security according to actual needs, purposes, targets, standards, and quotas that have been approved, and must notify units and localities' public security in writing about the quantity, category list, type, time, and location of issuance.

2. Implement one-stop issuance, ensuring economy, speed, and convenience for units and localities' public security.

3. Ensure complete documentation, certificates, and papers related to issued equipment.

4. In cases of urgent issuance for combat service or disaster prevention, mitigation, flood control, and incident handling, it shall be carried out according to the decision of the Minister of Public Security or the decision of the person authorized by the Minister.

Section 2

IMPLEMENTING DEMOCRACY IN MANAGEMENT WORK

 IN THE PEOPLE'S PUBLIC SECURITY FORCE

Article 9. Disclosure of Equipment Plan Indicators

Annually, units and localities' public security must disclose the equipment plan indicators that have been approved and the quantity issued so that officers and soldiers are aware to promote democratic rights in management, inspection, supervision, and detection, denunciation, and struggle against mismanagement in equipment.

Article 10. Inspection and Guidance on Equipment Management

Based on general regulations and approved plans, units advising on equipment management and issuance have the responsibility to inspect, monitor, grasp the reality, and provide guidance on management at units and localities' public security in accordance with regulations; when discovering unreasonable issuance to units and localities, they must report and propose to competent authorities to transfer or recover to avoid waste, damage, and loss.

Article 11. Construction of management, allocation, and preservation systems for equipment

The Equipment and Logistics Department shall be responsible for coordinating with local police units to study and develop Regulations on the management, allocation, and preservation of equipment uniformly throughout the entire People's Police force, in accordance with actual capabilities and requirements, and submit them for approval and issuance by the competent authority.

Local police units shall be responsible for organizing the implementation of equipment management in accordance with the provisions of the law and regulations of the Ministry of Public Security.

The Equipment and Logistics Department shall be responsible for periodically conducting inspections, providing guidance, summarizing, concluding, and evaluating the management of equipment by local police units; collecting, reporting to the leadership of the Ministry for consideration and resolution of proposals and recommendations from local police units.

Article 12. Reporting System

Local police units and officers engaged in equipment management must implement periodic or ad hoc reporting systems as prescribed by law and regulations of the Ministry of Public Security.

Section 3

IMPLEMENTING DEMOCRACY IN WAREHOUSE AND TRANSPORTATION WORK

 IN THE PEOPLE'S POLICE

Article 13. Management and Allocation of Goods in Warehouses

1. Implement democracy and transparency in the import, export, management, and preservation of regularly allocated goods, reserve goods, and preventive goods of the Ministry, national reserve goods managed by the Ministry of Public Security, in accordance with the provisions of the law and regulations of the Ministry of Public Security.

2. Ensure democracy and transparency in planning and organizing the procurement of systems, equipment, materials, and means of transport serving warehouse work and ensuring fire and explosion safety at warehouses within the network of the Ministry.

Article 14. Transportation Management Work

1. Implement democracy and transparency in the allocation, assignment, use, preservation, maintenance, and repair of transportation means at units.

2. Ensure democracy in the management, operation, task assignment, transportation work, handover, and receipt of goods for local police units.

Chapter III

IMPLEMENTATION

Article 15. Effective Date

This Circular takes effect from August 10, 2020, and replaces Circular No. 65/2009/TT-BCA dated November 19, 2009, issued by the Minister of Public Security regarding the implementation of democracy in the provision and management of vehicles, weapons, materials, technical equipment, and equipment allocation for the People's Police.

Article 16. Responsibility for Implementation

1. The Equipment and Logistics Department shall take the lead and coordinate with the Legal System and Administrative Reform Department to assist the Ministry's leadership in organizing inspections, urging, and guiding the implementation of this Circular.

2. Heads of units under the Ministry of Public Security, Directors of provincial and centrally-administered city public security departments shall be responsible for disseminating and implementing this Circular to all officers under their management.

3. Annually and upon request of the Implementation of Democracy at the Grassroots Level Steering Committee of the Ministry of Public Security, local police units shall organize interim and final evaluations of the implementation of this Circular, report the results in writing to the Equipment and Logistics 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 police units, relevant agencies, organizations, and individuals shall reflect these issues to the Ministry of Public Security (through the Equipment and Logistics Department) for guidance and clarification./.