Circular No. 75/2020/TT-BQP on the application of disciplinary measures, procedures, time limits, deadlines, and authority to impose disciplinary actions against Self-Defense Militia

CIRCULAR

Regulations on the application of disciplinary measures, procedures, and formalities,

time limits, deadlines, and authority to handle disciplinary actions against Militia Self-Defense Forces

Based on the Militia Self-Defense Law dated November 22, 2019;

Based on Decree No. 164/2017/NĐ-CP dated December 30, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Chief of General Staff;

The Minister of National Defense promulgates the Circular stipulating the application of disciplinary measures, procedures, time limits, deadlines, and authority to handle disciplinary actions against People's Militia Self-Defense Forces.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the application of disciplinary measures, procedures, time limits, deadlines, and authority to handle disciplinary actions against Militia Self-Defense Forces.

Article 2. Applicability

1. Command positions and soldiers of the People's Militia Self-Defense Forces, except for cases where the People's Militia Self-Defense Forces are undergoing training at military training facilities, or during their deployment to support combat operations with military units, command positions of the People's Militia Self-Defense Forces shall be held by military officers.

2. Military agencies and units, and related organizations and individuals.

Article 3. Principles of Disciplinary Actions

1. Under the leadership and direction of the Party committee and local authorities at the commune level, the heads of agencies and organizations, and the direct commanders of the People's Militia Self-Defense Forces units, local military offices at all levels, and the command offices of agencies and organizations.

2. In accordance with procedures, promptly, accurately, objectively, fairly, strictly, and within the scope of authority.

3. Each violation is subject to only one form of disciplinary action; if a person violates multiple different violations in one instance, they must be evaluated, concluded, and clarified regarding the degree of violation and disciplinary action for each violation, but only one common form of disciplinary action will be applied to all violations without exceeding the highest disciplinary form among them. In cases of multiple forms of disciplinary action, it is decided by the competent authority.

4. Ensuring educational value, contributing to improving the overall quality of the Militia Self-Defense Forces.

Article 4. Mitigating Circumstances and Aggravating Circumstances

1. Mitigating circumstances

a) The violator has taken actions to prevent or reduce the consequences of the violation or voluntarily remedied the consequences and compensated for losses;

b) The violator has voluntarily reported, sincerely repented, and actively assisted competent authorities in discovering and handling violations of discipline;

c) The violation of discipline was committed under duress or due to material or spiritual dependence.

2. Aggravating circumstances

a) Repeated violations while performing duties;

b) Forcing someone dependent on oneself materially or spiritually to violate discipline;

c) Taking advantage of position or power to violate discipline;

d) Continuing to violate discipline despite requests from those with authority to stop such behavior;

đ) After violating discipline, taking actions to evade or conceal the violation.

Article 5. Cases Not Subject to Disciplinary Review and Exemption from Disciplinary Liability

1. Cases Not Subject to Disciplinary Review

a) During the period of leave decided by the competent authority;

b) During the treatment period confirmed by military medical personnel or healthcare facilities;

c) During the waiting period for the conclusion of the competent authority's investigation, prosecution, and trial regarding the violation of laws.

2. Cases Exempted from Disciplinary Liability

a) Confirmed by the competent authority to be in a state of incapacity to act according to civil law at the time of the violation;

b) Self-defense, emergency situations, and due to force majeure;

c) Following orders from superiors or assignments from authorized persons in accordance with the provisions of the law.

Article 6. Appeals Against Disciplinary Decisions

1. If the person violating the discipline disagrees with the decision on disciplinary action, they have the right to appeal to the competent authority responsible for disciplinary action according to this Circular; until resolved, the violator must strictly comply with the current decision.

2. Upon receiving an appeal from a person violating discipline, the competent authority shall be responsible for reviewing and responding within the prescribed time limit under the law.

Article 7. Compensation for Damages

The person violating discipline must compensate for damages caused in accordance with the provisions of the law.

Article 8. Forms of Discipline

The forms of discipline for the People's Militia are implemented in accordance with Clause 1 and Clause 2 of Article 48 of the Law on the People's Militia, specifically as follows:

1. For People's Militia soldiers, one of the following forms of discipline may be applied:

a) Reprimand;

b) Warning;

c) Revocation of People's Militia title.

2. For commanding positions in People's Militia units, one of the following forms of discipline may be applied:

a) Reprimand;

b) Warning;

c) Demotion;

d) Dismissal;

đ) Revocation of People's Militia title.

Chapter II

VIOLATIONS AND APPLICATION OF DISCIPLINARY MEASURES

Article 9. Violations of Duties and Responsibilities of Commanding Positions in the People's Militia

1. Direct commanders of People's Militia Self-Defense Forces units, commune-level military commands, and command offices of agencies and organizations who fail in their responsibilities in management and command, resulting in the People's Militia Self-Defense Forces under their jurisdiction committing offenses that lead to disciplinary action from warning upwards or criminal prosecution, shall be disciplined with reprimand or warning.

2. Direct commanders who know or discover signs of violations by the People's Militia Self-Defense Forces under their jurisdiction but do not take timely measures to prevent such violations or cover up the violations of subordinates causing serious consequences or worse, shall be disciplined with demotion or dismissal.

Article 10. Violations of Powers of Commanding Positions in the People's Militia

1. A person holding a commanding position in the People's Militia who abuses their position and powers to act contrary to principles, regulations, or issues orders beyond their authority shall be disciplined with reprimand or warning.

2. Violation of any of the following circumstances shall result in demotion or dismissal:

a) Using equipment or means of the People's Militia to commit violations;

b) Persisting in violation despite being warned or reminded;

c) Continuing to violate after being disciplined without showing improvement.

Article 11. Resistance to Orders

1. Failure to comply with orders or to perform assigned tasks when directly ordered by a commander or authorized authority without reaching the level of criminal prosecution shall result in disciplinary action of reprimand or demotion.

2. Resistance to orders in any of the following circumstances shall result in dismissal or revocation of the People's Militia title:

a) Holding a commanding position;

b) Inciting others to participate;

c) During readiness for combat or combat;

d) Continuing to violate after being disciplined without showing improvement.

Article 12. Non-compliance with Orders

1. Failure to fully comply with orders from superiors, resulting in delays that affect the completion of unit tasks, shall be subject to reprimand or warning disciplinary measures.

2. Non-compliance with orders under any of the following circumstances shall be subject to demotion or dismissal disciplinary measures:

a) Having previously been disciplined but not recognized for improvement and continuing to violate.

b) Inciting others to participate;

c) During combat readiness or combat operations.

Article 13. Obstructing Civil Defense and Self-Defense Forces in Performing Their Duties

1. Causing difficulties or inciting obstruction of Civil Defense and Self-Defense Forces in performing their duties shall be subject to reprimand or warning disciplinary measures.

2. Obstructing Civil Defense and Self-Defense Forces in performing their duties under any of the following circumstances shall be subject to demotion or dismissal disciplinary measures:

a) Having previously been disciplined but not recognized for improvement and continuing to violate.

b) Recruiting others to participate.

Article 14. Insulting or Assaulting Commanders or Superiors

1. Using words or actions to insult the dignity, reputation, prestige, or physical well-being of commanders or superiors shall be subject to disciplinary measures ranging from reprimand to demotion.

2. Insulting or assaulting commanders or superiors under any of the following circumstances shall be subject to dismissal or revocation of Civil Defense and Self-Defense Force title disciplinary measures:

a) Holding a commanding position;

b) Causing injury or harm to health but not reaching the level of criminal prosecution.

c) Recruiting others to participate.

Article 15. Insulting or Inflicting Humiliating Treatment on Subordinates

1. Using words or actions to insult the dignity, reputation, or physical well-being of subordinates shall be subject to disciplinary measures ranging from reprimand to demotion.

2. Insulting or inflicting humiliating treatment on subordinates under any of the following circumstances shall be subject to dismissal or revocation of Civil Defense and Self-Defense Force title disciplinary measures:

a) Having previously been disciplined but not recognized for improvement and continuing to violate.

b) Causing injury or harm to health but not reaching the level of criminal prosecution.

Article 16. Insulting or Assaulting Comrades

1. Using words or actions to insult the dignity, reputation, or physical well-being of each other shall be subject to reprimand or warning disciplinary measures.

2. Insulting or assaulting under any of the following circumstances shall be subject to demotion, dismissal, or revocation of Civil Defense and Self-Defense Force title disciplinary measures:

a) Causing injury or harm to health but not reaching the level of criminal prosecution.

b) Inciting others to participate;

c) Having previously been disciplined but not recognized for improvement and continuing to violate.

d) Affecting the performance of unit tasks.

Article 17. Unauthorized Absence

1. Civil Defense and Self-Defense Forces (excluding regular Civil Defense and Self-Defense Forces) who are absent without authorization during duty hours for eight (8) hours or more shall be subject to reprimand or warning disciplinary measures.

2. Regular Civil Defense and Self-Defense Forces who are absent without authorization from the unit for eight (8) hours up to forty-eight (48) hours shall be subject to reprimand; absence for forty-eight (48) hours up to seventy-two (72) hours shall be subject to warning disciplinary measures.

3. Unauthorized absence under any of the following circumstances shall be subject to demotion, dismissal, or revocation of Civil Defense and Self-Defense Force title disciplinary measures:

a) Having previously been disciplined but not recognized for improvement and continuing to violate.

b) Inciting others to participate;

c) Affecting the performance of unit tasks.

Article 18. Evading Duties

1. Causing self-injury, feigning illness, or using other deceptive methods to evade or shirk assigned duties shall be subject to warning or demotion disciplinary measures.

2. Evading duties under any of the following circumstances shall be subject to dismissal disciplinary measures:

a) Holding a commanding position;

b) Having previously been disciplined but not recognized for improvement and continuing to violate.

c) Recruiting others to participate.

Article 19. Accidentally Disclosing Secrets or Losing Confidential Military Documents

1. Accidentally disclosing secrets or losing confidential military documents but not to the extent of being criminally prosecuted shall be subject to disciplinary warning or demotion.

2. Accidentally disclosing secrets or losing confidential military documents under any of the following circumstances shall be subject to disciplinary dismissal or deprivation of the title of Militia Self-Defense:

a) Having been reminded and corrected but still failing to strictly comply;

b) Having previously been disciplined but not recognized for improvement and continuing to violate.

c) Causing the unit to fail to complete its tasks.

Article 20. Reporting Incorrectly, Delayed Reporting, or Failure to Report

1. Reporting incorrectly, delayed reporting, or failure to report with the intent to deceive superiors, cover up, evade responsibility, or shift blame onto others shall be subject to disciplinary reprimand or warning.

2. Reporting incorrectly, delayed reporting, or failure to report under any of the following circumstances shall be subject to disciplinary demotion or dismissal:

a) Having previously been disciplined but not recognized for improvement and continuing to violate.

b) Affecting the unit's inability to complete its tasks or adversely affecting the reputation and honor of others;

c) Performing important tasks.

Article 21. Violation of Direct Combat Duty, Command Duty, and Shift Duty Regulations

1. Leaving one’s post without authorization or failing to complete assigned tasks shall be subject to disciplinary reprimand or warning.

2. Being disciplined for such violations and then repeating them shall be subject to disciplinary demotion or dismissal.

Article 22. Violation of Protection Regulations

1. Failing to strictly comply with regulations on patrolling, guarding, escorting, and accompanying shall be subject to disciplinary reprimand or warning.

2. Violating protection regulations in cases involving important targets shall be subject to disciplinary demotion or dismissal.

Article 23. Violation of Safety Assurance Regulations

1. Violating regulations on fire prevention and explosion control; ensuring safety during training, work, labor, study, daily life, and traffic safety shall be subject to disciplinary reprimand or warning.

2. Violation of any of the following circumstances shall result in demotion or dismissal:

a) Having previously been disciplined but not recognized for improvement and continuing to violate.

b) Failing to take responsibility in preventing consequences;

c) Causing loss of safety regarding personnel, weapons, equipment, means of transportation, and property.

Article 24. Violation of Management and Usage Regulations for Weapons, Explosives, Auxiliary Tools, Equipment, and Military Technical Means

1. Managing and using weapons, explosives, auxiliary tools, equipment, and military technical means in violation of regulations resulting in loss of safety shall be subject to disciplinary warning or demotion.

2. Violating any of the following circumstances shall be subject to disciplinary dismissal or deprivation of the title of Militia Self-Defense:

a) Holding command positions or having technical expertise in weapons and military technical equipment, auxiliary tools;

b) Having been disciplined and not recognized as having improved while continuing to violate.

Article 25. Accidentally Losing or Damaging Weapons, Explosives, Auxiliary Tools, Equipment, and Military Technical Means

1. Accidentally losing or damaging weapons, explosives, auxiliary tools, equipment, and military technical means shall be subject to disciplinary reprimand, warning, or demotion.

2. Violating any of the following circumstances shall be subject to disciplinary dismissal or deprivation of the title of Militia Self-Defense:

a) Holding a commanding position;

b) During combat readiness or combat;

c) Failing to take positive measures to prevent damage.

Article 26. Harassing the People

1. Engaging in behavior demanding, extorting, causing inconvenience, difficulties, or hindering the normal life of citizens or infringing upon their health, dignity, honor, property without reaching the level of criminal prosecution shall result in disciplinary action of reprimand, warning, or demotion.

2. Violating any of the following circumstances shall be subject to disciplinary dismissal or deprivation of the title of Militia Self-Defense:

a) Holding a commanding position;

b) Inciting others to participate;

c) Affecting the reputation and honor of the Militia Self-Defense.

Article 27. Appropriation of Property

1. Misusing position, power, or other means to embezzle assets of the State, organizations, or individuals valued below VND 2,000,000 (two million) shall be disciplined with reprimand, warning, or demotion.

2. Violating any of the following cases shall be subject to disciplinary measures of dismissal to deprivation of the title of Self-Defense Militia:

a) Inciting others to participate;

b) Affecting the performance of tasks of the unit.

Article 28. Violation of Public Order

1. Violating laws on public order causing consequences not reaching the level for criminal prosecution shall be subject to disciplinary measures of reprimand or warning.

2. Violation of any of the following circumstances shall result in demotion or dismissal:

a) Having previously been disciplined but not recognized for improvement and continuing to violate.

b) Recruiting others to participate.

Article 29. Drinking Alcohol or Beer During Working Hours and Being Intoxicated

1. Drinking alcohol or beer during working hours or while performing duties, or being intoxicated with alcohol or beer affecting the reputation of the Self-Defense Militia and work results shall be subject to disciplinary measures of reprimand or warning.

2. Violation of any of the following circumstances shall result in demotion or dismissal:

a) Having previously been disciplined but not recognized for improvement and continuing to violate.

b) Inciting others to participate;

c) Being intoxicated with alcohol or beer while performing duties;

d) Being intoxicated with alcohol or beer causing disruption of public order, loss of unity with the people resulting in consequences not reaching serious levels.

Article 30. Other Violations

Violating any of the following cases shall result in deprivation of the title of Self-Defense Militia:

1. Deliberately damaging military weapons, explosives materials, auxiliary tools, equipment, military technical facilities but not reaching the level for criminal prosecution.

2. Being indicted as a suspect.

3. Being subjected to compulsory educational measures.

4. Illegally using narcotics.

5. Being subjected to compulsory drug rehabilitation measures.

6. Being subjected to community-based educational measures.

Chapter III

PROCEDURES, TIME LIMITS, AUTHORITY FOR DISCIPLINARY ACTION

Article 31. Procedures and Formalities for Disciplinary Action

1. The violator must self-criticize in writing before the collective of the agency or unit and accept the form of disciplinary action. If the violator is absent, they must be verified at their home or place of residence, and a record of their absence must be established. This verification record has the same effect as the violator's self-criticism.

2. The agency or unit directly managing the violator convenes a meeting to criticize the violation and propose a form of disciplinary action. If the violator is absent, the agency or unit bases its meeting and proposal on the verification record, violation file, and the violator's disciplinary behavior.

3. The direct commander or their delegate verifies and meets with the violator to allow the violator to present their views. If the violator is absent, the commander bases their conclusion on the verification record and violation file.

4. Conclude on the violation disciplinary behavior.

5. Report to the competent Party committee for examination and approval (if applicable).

6. Issue a decision or propose the competent authority to issue a decision on disciplinary action according to the分级授权

7. Announce the disciplinary decision, report to the higher level, and store the file at the unit, agency, or organization.

Article 32. Procedures and Formalities for Disciplinary Action in Certain Special Cases

1. If the violator under their command engages in behavior opposing orders or committing serious violations of the law, the commander must take immediate measures to stop it and report to the competent authority.

2. If the violator does not comply with the disciplinary review process, the commander bases their recommendation on the nature and severity of the violation, suggestions from subordinates, and mass organizations to convene a meeting with the command and party committee to decide on the form of disciplinary action within their authority.

3. If the violator is disciplined with revocation of the title of People's Militia Self-Defense Force member, the unit commander assigns personnel and means to transfer the violator and related files to the commune-level military command or command office of the agency or organization where the violator resides (except in cases where the court sentences imprisonment).

4. If a violator ceases participation in the People's Militia Self-Defense Forces and commits a violation during their service, the locality or agency that managed the People's Militia Self-Defense Forces shall proceed to review and impose disciplinary action.

Article 33. Time Limit and Period for Disciplinary Action

1. The statute of limitations for disciplinary action is the period from the time of the violation to the time it is discovered; beyond this period, disciplinary action will not be considered, except in cases provided for in point b of this clause.

a) The statute of limitations for disciplinary action is 24 months. If a new violation occurs during the statute of limitations period, the statute of limitations for the previous violation resets from the date of the new violation;

b) The statute of limitations does not apply to the following behaviors: Violations leading to disciplinary action of revoking the title of People's Militia Self-Defense Force member; violations of internal political security regulations; violations harming national interests in defense, security, and foreign affairs; using fake or illegal certificates, and People's Militia Self-Defense Force members who are party members being disciplined with expulsion.

2. The deadline for disciplinary action is the period from the discovery of the violation to the issuance of the disciplinary decision by the competent authority. The deadline for disciplinary action is three months. In cases where the matter is complex and requires additional time for investigation and clarification, the deadline for disciplinary action may be extended but not exceed five months.

3. In cases where the People's Militia violates discipline related to ongoing investigations, prosecutions, or trials by judicial authorities, the consideration and disciplinary action shall be temporarily suspended. Once there is a final conclusion from the competent legal authority or an effective court judgment, the disciplinary action shall be considered and taken according to the provisions herein. The time limit for considering and taking disciplinary action shall be applied as stipulated in Clause 2 of this Article.

4. The person authorized to impose disciplinary action must be responsible for imposing disciplinary action on the violator within the prescribed period.

Article 34. Recognition of Progress

1. After twelve months for reprimand and warning disciplinary actions; after twenty-four months for demotion and removal from position disciplinary actions, from the date the disciplinary decision becomes effective, if the violator does not commit new violations warranting disciplinary action, they shall be automatically recognized as having made progress.

2. Within twelve months for reprimand and warning disciplinary actions; within twenty-four months for demotion and removal from position disciplinary actions, from the date the disciplinary decision becomes effective, if the violator is again subject to disciplinary action, the period for recognizing progress shall be calculated from the date the new disciplinary decision becomes effective.

Article 35. Authority to Impose Disciplinary Action

1. Squad Leader, Ship Captain, Battery Commander may reprimand soldiers.

2. Platoon Leader, Village Defense Team Leader may reprimand up to squad leaders, battery commanders; warn up to soldiers.

3. The Head of the Military Command Board at the commune level, the Head of the Military Command Board of agencies and organizations, Company Commander, Naval Squadron Commander of the Self-Defense Militia:

a) May reprimand up to platoon leaders, village defense team leaders;

b) May warn up to squad leaders, ship captains, battery commanders;

4. Battalion Commander, Naval Flotilla Commander of the Self-Defense Militia:

a) May reprimand up to company commanders, naval squadron commanders, company political officers, naval squadron political officers;

b) May warn up to platoon leaders.

5. The Chairman of the People's Committee of communes, the Chairman of the People's Committee of districts without commune-level administrative units, and the heads of agencies and organizations: Shall impose disciplinary actions up to revocation of the People's Militia title upon the recommendation of the militia commander of the commune militia command, the militia command of the agency or organization, or the village militia leader in areas without commune-level administrative units.

6. The Commander and Political Commissar of the district militia command:

a) Reprimand up to company commanders and political commissars of mobile militia companies under their jurisdiction;

b) Warning up to platoon leaders and village militia leaders;

c) Demotion and removal from position up to squad leaders, ship captains, and gun crew leaders.

7. The Chairman of the People's Committee of districts shall impose demotion and removal from position disciplinary actions on positions of command in the commune militia commands based on the recommendations of the district militia command commanders.

8. Commander, Political Commissar of the Command of the Capital City of Hanoi, Command of Ho Chi Minh City, Heads, Political Commissars of the Military Command Boards at the provincial level:

a) May warn up to battalion commanders, battalion political officers, heads, and political commissars of the Military Command Boards of agencies and organizations;

b) May impose demotion and removal from position for positions of command in the Military Command Boards of agencies and organizations, company command boards, and naval squadron command boards of the Self-Defense Militia.

9. The Commanders and Political Commissars of Military Regions, the Navy General Staff, and the Commandant of the Hanoi Capital Military Command: Shall impose demotion and removal from position disciplinary actions on positions of command in militia battalions and naval units under their command. For positions of command in militia platoons, naval teams, naval units, and militia battalions that violate discipline and are removed from position, depending on the nature and severity of the violation, if it reaches the level requiring revocation of the People's Militia title, it shall be implemented according to Clause 5 of this Article.

Chapter IV

IMPLEMENTING PROVISIONS

Article 36. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from August 5, 2020, and replaces Circular No. 89/2010/TT-BQP dated July 2, 2010, issued by the Minister of National Defense, which stipulates the application of disciplinary measures, time limits, procedures, and authority for disciplinary actions against cadres, soldiers, and organizations of the People's Militia.

2. The Chief of General Staff, Director of the Political General Department, Heads of agencies and units, and Heads of agencies, organizations, and localities related thereto shall be responsible for implementing this Circular.