Circular No. 89/2010/TT-BQP stipulates the application of disciplinary measures, time limits, procedures, and authority for handling discipline against officers, soldiers, and self-defense militia organizations.

CIRCULAR

Regulations on the application of disciplinary measures, duration, procedures, and authority to impose discipline on officers, soldiers, and self-defense militia organizations.

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MINISTER OF NATIONAL DEFENSE

Based on the Law on Self-Defense Militia dated November 23, 2009;

Based on Decree No. 58/2010/NĐ-CP dated June 1, 2010 of the Government detailing and guiding the implementation of certain provisions of the Law on Self-Defense Militia;

Pursuant to Decision No. 257/2006/QĐ-TTg dated November 9, 2006 of the Prime Minister promulgating regulations on frequency band allocation for economic and social purposes, national defense, and security;

Article 2. This Circular applies to academies, universities, military officer schools, vocational colleges, secondary technical schools, and military schools (hereinafter referred to collectively as military schools) that organize training in accordance with the law, and related agencies, units, organizations, and individuals; it does not apply to teachers teaching at kindergartens, general education schools, national defense education centers, and security education centers.

CIRCULAR:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Regulations on handling violations, applying disciplinary measures, duration, procedures, and authority to impose discipline on unit commanders, soldiers, and self-defense militia organizations that commit violations while performing their duties.

Article 2. Applicability

This Circular applies to the following entities:

1. Officers, soldiers, self-defense militia organizations, and units.

2. Village team leaders, Hamlet team leaders, Village team leaders, Village team leaders, Village team leaders, Village team leaders, Village team leaders, Team team leaders (hereinafter collectively referred to as Village team leaders), Commanders, Deputy Commanders, Political Commissars, Deputy Political Commissars of the Military Command of Communes, Towns, and Urban Districts (hereinafter collectively referred to as the Military Command of Communes), Military Commands of state agencies, political organizations, socio-political organizations, public service units, and economic organizations (hereinafter collectively referred to as the Military Command of agencies and organizations at the grassroots level).

3. Self-defense militia units, Military Commands of communes, Military Commands of agencies and organizations at the grassroots level.

4. Broad-based self-defense militia mobilized for tasks according to orders from competent authorities.

Article 3. Principles for Handling Violations of Discipline

1. The handling of violations of discipline against unit commanders of self-defense militia units, soldiers, and self-defense militia units, Military Commands of communes, Military Commands of agencies and organizations at the grassroots level shall be under the leadership and guidance of the Party Committee, local government at the commune level, heads of agencies and organizations, direct commanders of self-defense militia units, Military Commands of communes, Military Commands of agencies and organizations at the grassroots level, and Provincial Military Commands, Municipal Military Commands directly under the Central Government (hereinafter collectively referred to as Provincial Military Commands), and Military Commands of districts, urban districts, towns, and cities directly under provinces (hereinafter collectively referred to as District Military Commands).

2. Ensuring compliance with procedures, objectivity, fairness, strictness, within the prescribed time limit, and within the authorized decision-making power for disciplinary actions.

3. Each violation shall only be subject to one form of disciplinary action; if there is a recurrence of the violation, a higher level of disciplinary action shall be imposed.

4. Ensuring educational value and contributing to improving the overall quality of the self-defense militia force.

Altering, forging, borrowing, renting, and exchanging Certificates of Eligibility for Environmental Monitoring Services.

1. Unit commanders of self-defense militia units, Military Commands of agencies and organizations at the grassroots level misusing their positions and powers to establish other forms of disciplinary measures or making decisions beyond their authority regarding disciplinary measures for unit commanders, soldiers, and self-defense militia organizations that violate unit discipline as stipulated in this Circular.

2. Violating the dignity, physical integrity, and reputation of self-defense militia officers and soldiers; during the process of considering disciplinary actions, monetary penalties shall not be applied instead of disciplinary measures.

Article 5. Circumstances for Imposing Disciplinary Actions

1. For unit commanders of self-defense militia units and self-defense militia soldiers:

a) Refusing to comply with orders from superiors;

b) Engaging in acts of resistance, obstruction, incitement, or hindrance to the organization, construction, consolidation, training, and activities of the self-defense militia or violating national laws;

c) Failing to fulfill assigned responsibilities and tasks, causing negative impacts on the self-defense militia unit;

d) Self-defense militia officers and soldiers undergoing treatment at medical facilities who violate discipline must have their units notified; disciplinary actions shall be carried out by the units managing these officers and soldiers.

2. Other circumstances:

a) Trainees studying to become Military Commanders of communes at military schools who violate discipline shall be handled according to military discipline by the school and reported back to the locality.

b) Local government officials at various levels and heads of agencies and organizations who engage in acts of resistance, obstruction to the organization, construction, training, and activities of the self-defense militia, or violate other regulations concerning the self-defense militia shall be dealt with according to the Government's Decree on handling violations of discipline by civil servants.

3. For self-defense militia organizations:

a) Self-defense militia units, Military Commands of communes, Military Commands of agencies and organizations at the grassroots level failing to complete tasks related to the construction, training, and activities of the self-defense militia;

b) More than 50% of the personnel in self-defense militia units, Military Commands of communes, Military Commands of agencies and organizations at the grassroots level violating provisions of the Law on Self-Defense Militia or relevant laws;

c) Self-defense militia units, Military Commands of communes, Military Commands of agencies and organizations at the grassroots level failing to comply with orders from authorized commanders.

Article 6. Cases where disciplinary action has not been considered

1. Being ill or undergoing treatment at healthcare facilities.

2. Being detained or held in custody pending investigation and conclusion by competent authorities regarding acts of law violation.

3. During maternity leave.

Article 7. Right to appeal and exoneration from wrongful disciplinary action

1. Officers, soldiers, organizations, and units of self-defense forces who are subject to disciplinary action must comply with the disciplinary decision; if they disagree with the decision, they have the right to appeal to the competent authority in accordance with the law on appeals and complaints.

2. While waiting for the appeal to be resolved, all officers, soldiers, organizations, and units of self-defense forces must strictly comply with decisions, orders, and directives from superiors regarding self-defense force work and other areas of work.

3. Organizations and units must take responsibility to examine and respond to the appellant within their jurisdiction and within the time limit prescribed by law upon receiving an appeal from officers, soldiers, organizations, and units of self-defense forces.

4. Officers, soldiers, organizations, and units of self-defense forces who are subjected to disciplinary action and subsequently found to be wrongfully disciplined through thorough review shall be promptly exonerated and all legitimate rights restored by the competent authority; at the same time, the cause of the wrongful disciplinary action must be clarified. In cases where organizations or individuals intentionally impose wrongful disciplinary action due to lack of responsibility or malicious motives (retaliation, revenge), appropriate disciplinary measures will be taken against those organizations or individuals.

Article 8. Responsibilities of Commanders

1. Strictly manage the self-defense force under their command; organize propaganda and education for officers and soldiers of the self-defense force to understand their tasks, enhance their sense of responsibility, maintain moral character, and avoid violating discipline while performing duties.

2. When officers, soldiers, organizations, and units of the self-defense force commit acts of violating discipline and laws that warrant criminal prosecution, the Military Command Board of the commune, the Military Command Board of the agency or organization at the grassroots level, or the commander of the self-defense force unit according to their authorized powers shall prepare a report to the superior Military Command Board for consideration and handling.

3. When officers, soldiers, organizations, and units of the self-defense force violate discipline and laws but do not reach the level of criminal prosecution, upon returning to the unit, penalties shall be imposed based on the nature and severity of the violation in accordance with one of the forms of disciplinary action stipulated in Article 10 of this Circular.

Article 9. Liability for Compensation

Officers, soldiers, organizations, and units of the self-defense force who are penalized for violating discipline and causing material damage must compensate for such damage based on the nature, degree, impact, and consequences of the violation in accordance with the law.

Chapter II

DISCIPLINARY MEASURES, TIME LIMITS, PROCEDURES, AND AUTHORITY FOR DISCIPLINARY ACTION AGAINST OFFICERS, SOLDIERS, AND ORGANIZATIONS OF THE SELF-DEFENSE FORCE

Article 10. Forms of Disciplinary Action

1. For commanders of self-defense force units

a) Reprimand;

b) Warning;

c) Demotion;

d) Dismissal from position.

2. For self-defense force soldiers

a) Reprimand;

b) Warning;

c) Revocation of core self-defense force title.

3. For self-defense force units and organizations

a) Reprimand;

b) Warning;

c) Suspension of activities.

Article 11. Time limit for considering removal of disciplinary action

1. Civil servants and militia self-defense soldiers who are subject to disciplinary action, except for soldiers whose core militia self-defense title has been revoked, if more than six months have passed since the effective date of the disciplinary decision for a reprimand, and if more than twelve months have passed for a warning or higher form of disciplinary action without further violations, then the competent authority shall issue a decision to remove the disciplinary action.

2. Militia self-defense organizations and units that are subject to disciplinary action, if more than six months have passed since the effective date of the disciplinary decision for a reprimand, and if more than twelve months have passed for a warning or higher form of disciplinary action without further violations, then the competent authority shall issue a decision to remove the disciplinary action; for a suspension of activities, if the suspension period has ended, then the competent authority shall issue a decision to remove the disciplinary action.

3. During the execution of a disciplinary measure, if there is a continued violation of discipline warranting further disciplinary action, then the time for considering removal of disciplinary action shall be calculated from the effective date of the new disciplinary decision.

4. Civil servants and militia self-defense soldiers who violate discipline and are subject to disciplinary action from a reprimand or higher must have their violations recorded in their personnel files by their commanders and management agencies, even after the disciplinary action has been removed.

Article 12. Procedure for implementing disciplinary action

1. Civil servants, militia self-defense soldiers, organizations, and units that commit errors must write a self-criticism report, undergo criticism before the collective, and accept the form of disciplinary action.

2. The head of the agency, organization, or unit managing civil servants, militia self-defense soldiers, organizations, and units at the squad level or above must organize a meeting for individuals, organizations, and units that violated discipline to criticize themselves before the collective of the agency, organization, or unit. The minutes of the meeting must clearly conclude on the content, nature, impact, consequences, causes leading to the violation, attitude after the violation, and vote on the proposed form of disciplinary action.

3. Before concluding, the competent authority deciding on disciplinary action must verify, investigate, meet with, and hear the opinions of civil servants, militia self-defense soldiers, organizations, and units that committed errors.

4. Report to the Party Committee, People's Council at the commune level, the heads of agencies, organizations, and Military Command at the commune level, and Military Command at the grassroots level for approval.

5. Within fifteen days from the date of organizing the meeting to consider disciplinary action, the competent authority must issue a disciplinary decision in writing according to Article 10 of this Circular.

6. Organize the announcement of the disciplinary decision, report to the superior agency, and store the file at the unit.

Article 13. Disciplinary Authority over Unit Commanders and Militia Self-Defense Soldiers

1. Squad Leaders, Platoon Leaders have the authority to reprimand militia self-defense soldiers.

2. Militia Self-Defense Company Leaders, Village Company Leaders have the authority to reprimand up to Squad Leaders and Platoon Leaders, and warn up to militia self-defense soldiers.

3. Chiefs of Commune-level Military Commands, Chiefs of Military Commands at grassroots agencies and organizations, Battalion Leaders, Coast Guard Battalion Leaders have the authority to:

a) Reprimand up to Company Leaders and Village Company Leaders;

b) Warn up to Squad Leaders and Platoon Leaders.

4. Regiment Leaders, Coast Guard Regiment Leaders have the authority to:

a) Reprimand up to Battalion Leaders, Coast Guard Battalion Leaders, Battalion Political Officers, Coast Guard Battalion Political Officers;

b) Warn up to Militia Self-Defense Company Leaders.

5. Chiefs of County-level Military Commands, Chiefs of Military Commands at grassroots agencies and organizations with battalions, coast guard battalions, regiments, and coast guard regiments have the authority to:

a) Reprimand up to Battalion Leaders, Coast Guard Battalion Leaders, Battalion Political Officers, Coast Guard Battalion Political Officers; Regiment Leaders, Coast Guard Regiment Leaders, Regiment Political Officers, Coast Guard Regiment Political Officers where the agency or organization has regimental or coast guard regimental establishment; Chiefs of Commune-level Military Commands, Chiefs of Military Commands at grassroots agencies and organizations;

b) Warn up to Militia Self-Defense Company Leaders.

6. Chairmen of County-level People's Committees have the authority to: Dismiss up to Chiefs of Commune-level Military Commands and Political Officers of Commune-level Military Commands.

7. Chiefs of Provincial-level Military Commands, Chief of Staff of the Navy General Command have the authority to:

a) Warn up to Regiment Leaders, Coast Guard Regiment Leaders, Regiment Political Officers, Coast Guard Regiment Political Officers, Chiefs of Commune-level Military Commands, Chiefs of Military Commands at grassroots agencies and organizations;

b) Demote, dismiss up to Battalion Leaders.

8. Regional Military Commanders, Commander of the Capital City Military Command, Navy Fleet Commanders have the authority to demote, dismiss up to Regiment Leaders, Coast Guard Regiment Leaders, Regiment Political Officers, Coast Guard Regiment Political Officers.

Article 14. Disciplinary Authority over Militia and Self-Defense Organization Units

1. The People's Military Command at the commune level, the People's Military Command of agencies and organizations at the grassroots level shall have the authority to:

a) Issue warnings up to the platoon level of the militia self-defense force, village self-defense team;

b) Suspend operations up to the squad level, artillery unit.

2. The Commander of the People's Military Command at the district level shall have the authority to:

a) Reprimand up to the People's Military Command at the commune level, the People's Military Command of agencies and organizations at the grassroots level under his/her jurisdiction;

b) Issue warnings up to the company level of the militia self-defense force;

c) Suspend operations up to the platoon level of the militia self-defense force, village self-defense team.

3. The Commander of the People's Military Command at the provincial level shall have the authority to:

a) Issue warnings up to the battalion, naval squadron level of the militia self-defense force, People's Military Command at the commune level, the People's Military Command of agencies and organizations at the grassroots level;

b) Suspend operations up to the company, naval company level of the militia self-defense force;

4. The Commander of the Military Region, the Commander of the Capital Military Command, the Commander of the Navy General Staff shall have the authority to suspend operations up to the battalion, naval squadron level of the militia self-defense force.

Chapter III

IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Circular shall take effect forty-five days from the date of signature.

Article 16. Implementation Organization

The General Staff Department, the Political General Department, various General Departments, Military Region Commands, the Capital Military Command, the Navy General Staff, central ministries and sectors, people's committees at all levels, the People's Military Command of central ministries and sectors, military agencies at all local levels shall base their guidance, organization, and direction for implementation on their assigned functions, tasks, and authorities./.