The Decree 220/2013/nd-Cp: Provisions On Denunciation And Resolution To Denounce The People's Army

Original Language Title: Nghị định 220/2013/NĐ-CP: Quy định về tố cáo và giải quyết tố cáo trong Quân đội nhân dân

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THE GOVERNMENT.
Number: 220 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 27, 2013

DECREE

The regulation of denouncing and resolving the report in the People ' s Army

__________________

Government Law Base December 25, 2001;

The Code of Law on November 11, 2011;

On the recommendation of the Secretary of Defense,

The government issued a decree planning on denouncing and resolving the report in the People's Army.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

The decree provides for denouncing and addressing the prosecution for violations of the laws of the military, the public office workers in the execution of the mission, the service; the prosecution and the resolution of the report on the conduct of the law of state management. water in the defense sector of the agency, unit, organization, individual; the defense of the whistled, the accuser of the whistled, and the management of the resolution of the resolution in the People's Army.

What? 2. Subject applies

This decree applies to:

1. Military personnel, defense officials, Vietnamese citizens, foreign individuals residing in Vietnam carry out the right to denounce.

2. The military, the defense officer; the agency, the unit, the organization, the individual accused of having a violation of the defense-related legislation.

3. The resolution whistled in the People 's Army; the agency, the unit, the organization, the other individual is involved in the prosecution' s resolution in the People ' s Army.

4. The whiston and the accuser of the whistled whistled report in the Protection of the People ' s Army.

5. Agency, unit, organization, individual responsible for the protection of whistled persons in the People ' s Army.

What? 3. Explain words

In this decree, the words below are understood as follows:

1. Military personnel include: Armed forces and reserve personnel.

a) The military in the army is an officer, professional soldier, corporal officer, military officer, as well as the provisions of the Military Service of the People's Army of Vietnam.

b) The reserve personnel were Vietnamese citizens who were registered to the reserve quota, including: Reserve officer, reserve professional soldier and petty officer, reserve personnel under the rule of law.

2. Defense officials are defense workers, defense workers and employers on a labor contract in the agency, the unit of the People ' s Army.

3. The Commander is the head of the body, the unit, namely: The military commander (head of military administration), the Political, Political and Deputy Head of the Head.

4. The resolution whistled in the People 's Army is the head of the agency' s military administration, the unit with the authority to resolve the prosecution under the stipulation of this decree.

5. State management in the defense sector is the management of the Ministry of Defense in the fields: Border Protection, the waters, islands, islands, national skies; building defenses; civil defense; defence industry; management, public protection, and defense. Defense, military zone, defense and environment sectors are involved in defence activities; primarily; external activity within the Department of Management; public services and other management areas as defined by law.

What? 4. Apply the law on denouncing and resolving the report

1. The denouncing of foreign individuals residing in Vietnam and the resolution of the alleged violation of the law of the agency, the organization, the foreign individual in Vietnam under the jurisdiction of the People ' s Army to be applied under the provisions of the Law. And this decree, except for the case of international treaties, is that the Socialist Republic of Vietnam is another regulated member.

2. The prosecution of the conduct has signs of crime related to the People's Army due to the criminal proceedings of the People's Army in accordance with the rule of criminal proceedings.

3. Proposition of a criminal violation of the reserve personnel carried out during training exercises, exercises or examination of a mobilisable situation, ready to fight applicable under the provisions of the Law of Impeachment and Decree.

4. The regulations on denouncing and addressing the charges in the People's Army are not regulated in this decree implementing the provisions of the Law of denouncing and detailed regulatory documents, guidelines for the implementation of the Law of denouncing.

Chapter II

THE PROSECUTION 'S RESOLUTION ON THE CONDUCT OF THE MILITARY' S LEGAL VIOLATION, THE CIVIL DEFENSE OFFICER IN THE EXECUTION OF THE MISSION, THE SERVICE.

Item 1

THE AUTHORITY TO RESOLVE THE REPORT

What? 5. Principles of Jurisdiction

1. The prosecution of the violation of the law in carrying out the mission, the military 's service, the head of the defense by the head of the agency' s military administration, the unit with the authority to manage the military, the defense office worker said. Yeah.

2. The prosecution of the violation of the law in the execution of the mission, the office of the commander of the agency, the unit led by the head of military administrative authority to address the agency's report, the subordinate unit directly of the agency, the unit addressed.

What? 6. Authority to resolve the report in the execution of the mission, the

1. The commander, the head of the brigade, the commander of the District Military Command, the Office of the Chief of the Border Protection and the equivalent of the authority to address the conduct of the violation of the law in carrying out the mission, the service of the military, the workers. I'm a defense manager.

2. Chief, Chief Minister, Commander of the Provincial Military Command, Commander of the Department of the Provincial Border Command and the equivalent of the authority to address the resolution of the violation of the law in the execution of the mission, the command of the commander. The agency, the subordinate and military unit, the agency's defense officer, the unit he administered in the event of the head of the agency's military administration, the unit did not have the authority to resolve the charge.

3. The Director of the Academy, the Dean of the School, the Institute of the Research Institute, the Director of the Hospital and the equivalent authorities have the authority to address the alleged violation of the law in carrying out the mission, the military ' s work, the national worker. It's my manager's office.

4. Corps commander, Army, Legion, Department of Command Protection of President Ho Chi Minh and the equivalent authority to address violations of the violation of the law in the execution of the mission, the agency of the agency commander, the subordinate unit directly below. And the military officer, the military officer, is in the agency, and he manages to be in the case of the head of military administration of the agency, which has no authority to address the charges.

5. Military District, Military, Border Force, Ministry of Border Command, Ministry of Defense Command Hanoi, Head of Government and Equities Authority to address violations of the violation of the law in the execution of the mission, the agency ' s chief agency, the unit. Subordinated to the subordinate and military personnel, the officer of the office of the agency, the unit he administered in the event of the head of the agency's military administration, the unit did not have the authority to resolve the charge.

6. Chief of the Chief of Staff, Chairman of the Political Bureau, Chairman of the Directorate General, General Secretary General of the Directorate General of Intelligence has the authority to address violations of the violation of the law in the implementation of the mission, the agency commander ' s office, the subordinate unit. Direct management.

7. The Secretary of Defense has the authority to address the alleged violation of the law in carrying out the duties, the affairs of the agency commander, the subordinate subordinate to the Ministry of Defense.

Item 2

SEQUENCE, REPORT PROCEDURE

What? 7. Go on, file a complaint with complaint content

Upon receiving, the application process has the contents of the complaint, the recipient, which handles the application of the whistladism, rewrites the application, separating the contents of the complaint sent to the authorities with the authority to settle in accordance with the rule of law.

What? 8. Receptors Denounce in the case of the accused are carrying out combat duty, serving combat or in an emergency situation.

The case of the accused is carrying out combat duty, serving combat or in an emergency situation, the infusion of the accuser from the moment immediately after the alleged execution of combat duty, combat service, or emergency situation. level. In this case, the resolution whistled must be informed by text to the whistled whistled whistled.

What? 9. The procedure, procedure resolution procedure in the execution of the mission, the service

The procedure, procedure of resolution denouncing the violation of the military ' s legal violation, the public office worker in the implementation of the mission, the work is carried out in accordance with Articles 18, 19, 20, 21, 22, Clause 1 Article 23, 24, 25, 26, 27, 28, 29. The law denouncing it.

What? 10. Coordinate the verification content

During the verification of the whistled content, the whistled whistled authority or petition for the authority to require the agency, unit, organization in and outside the People ' s Army to co-ordinate the verification content; the requirement, the petition co-ordinated. Verification must be written in writing.

What? 11. Announcing the report content, the decision to process the breach of the alleged violation.

In the 10-day period, since the date of the signing of the report content, the decision to process the breach, the whistled whistlout, has publicly concluded the report, the decision to process the breach of the accused. The public use of regulation at the point of paragraph 2 Article 11 Decree number 76 /2012/NĐ-CP October 3, 2012 of the Government Regulation law enforcement of certain provisions of the Law of the Indictment.

Chapter III

RESOLUTION OF THE REPORT ON VIOLATIONS OF THE LAW ON STATE MANAGEMENT IN THE FIELD OF DEFENSE

What? 12. Authority resolution denouncing in state management of defence.

1. The head of the agency ' s military administration, the unit has the authority to address the prosecution of the violation of the law on state management in the defense sector of the assigned management range.

2. The person with the authority to dispose of the administrative breach in the field of state management of the defense has jurisdiction to address violations of the violation of the law within the jurisdiction of the assigned jurisdiction, except for other regulated law cases.

What? 13. The sequence, procedure of resolution denouncing in state management of defense

1. The procedure, procedure resolution denouncing violation of the law violation of state management in the field of defence carried out in accordance with Articles 18, 19, 20, 21, 22, Clause 1 Article 23, 24, 25, 26, 27, 28, 29 of the Attorney General.

2. In the 10-day period, since the date of the signing of the report content, the decision to process the breach, the whistled whistlmrt has publicly concluded the report, the decision to process the breach of the accused. Public testimony by one of the prescribed forms at the points b, c, Clap 2, Article 11 Digital Protocol 76 /2012/NĐ-CP October 3, 2012 of the Government Regulation law enforcement of certain provisions of the Law of the Indictment. The public must secure information about the whistled whistled and covert military secrets, the state secret.

3. For denouncing the violation of the law on state management in the defense sector clearly, the specific evidence, which has the basis for immediate treatment, the resolution of the prosecution is carried out under Article 33 of the denouncing law.

Chapter IV

PROTECT THE WHISTON; THE RESPONSIBILITY OF THE AGENCY, THE UNIT, THE ORGANIZATION, THE INDIVIDUAL IN PROTECTING THE WHISTLED

What? 14. Range, deadline, sequence, procedure, protective measures

The scope, deadline, sequence, procedure, whistleguard measures, the accuser of the whistleblot in the People ' s Army executed by regulation at Articles 34, 36, 37, 38, 39 of the denounce Law, Chapter III Protocol No. 76 /2012/NĐ-CP October 3, 2012 of the Government rules the details of certain provisions of the Law of the Indictment and other provisions of the relevant law.

What? 15. The responsibility of the settlement whistled in the protection of the whistled and the whistled person in the People ' s Army.

In the process of the prosecution, the resolution whistled in the People ' s Army is responsible for requiring the authorities to protect the whistled person, the accuser of the whiston prescribed at Articles 34, 36, 37, 38, 39 of the denouncing, Chapter III. Number Protocol 76 /2012/NĐ-CP October 3, 2012 of the Government rules the details of certain provisions of the Law of the Indictment and other provisions of the relevant law.

What? 16. The responsibility of the agency, the unit, the organization, the individual in the protection of the whistled and the accuser ' s relatives

1. Agency, unit, organization, individual competent in the Army of the People's Army is responsible for the protection of personal information, life, health, property, prestige, honor, dignity, position of work, employment, rights and other legitimate interests of the person. denounce, the accuser of the whistled whistled by law on denouncing and other laws is relevant.

2. Agency, unit, organization, individuals with jurisdiction in the People ' s Army are responsible for coordinating with the public safety agency, local authorities and agencies, the relevant unit to protect the whistled whistled whistled person, the whistled person at the workplace. and the residence.

Chapter V.

MANAGEMENT OF THE RESOLUTION OF THE REPORT IN THE PEOPLE ' S ARMY

What? 17. Asset management resolution in the People ' s Army

1. The Minister of Defense performs the management of the resolution of the report in his management range.

2. The head of military administration with the authority to address the report in the People's Army is responsible for the management of the whistled operation within the agency, the unit he manages.

3. Content Management Content Manager:

a) The Board and the Guide to the implementation of the statutes of the law on denouncing and addressing denouncing in the People's Army.

b) Building the content, program, project work plan that matches the situation, the statutory duty of the law and the provisions of the People's Army.

c) Training, fostering employment for the staff as a result of denouncing the prosecution in the People's Army.

d) Propaganda, disseminism, legal education on denouncing in the People ' s Army.

We're going to have to deal with the authority.

e) Inspector, examination of the implementation of the laws of the proceedings on the head of the military's military administration, unit in the People's Army.

g) The end of experience, scientific research on the work of whistled solving in the People ' s Army.

What? 18. Report of the resolution of the report

1. The Secretary of Defense reports the Government on the decision to resolve the report in the People ' s Army periodically or the request of the Government.

2. The head of military administration has the authority to resolve the agency 's denouncing the agency, the unit in the People' s Army responsible for reporting by periodically or the request of the superior to the settlement work in the scope of the jurisdiction delivered.

What? 19. Chief Inspector of the Chief of Staff in the Army of the People's Army

1. Chief Inspector of the Ministry of Defense is responsible for the charge of assisting the Minister of Defense to manage the resolution of the prosecution in the People's Army.

2. Chief Inspector of the ranks in the Army of the People's Army is responsible:

a) Staff, help the head of the military administration of the same level, the management of the resolution resolution in the scope of devolve jurisdiction.

b) Take over, process the charges; verify the contents of the report, conclude the verification content and petition for the resolution of the resolution of the jurisdiction of the head of the head of the military administration of the same rank when delivered.

c) Review, which concludes the settlement of the prosecution that the head of the agency ' s military administration, the direct subordinate unit of the head of the agency, the same level unit addressed but there is a sign of violation of the law; the case concludes the settlement. If there is a violation of the law, the decree of the head of the military administration has jurisdiction over the matter of judgment, and the resolution of the matter.

d) Inspector, examine the responsibility of the head of the military administration of the agency, the direct subordinate unit of the head of the military administration of the same level in the acceptance of the law on the charge.

3. For the agency, the unit does not have an inspection organization, the person with the authority to resolve the charge of the transaction to the agency, the unit of direct management, the staff of the management and settlement work.

What? 20. The Government Ombudship 's responsibility for settlement work in the People' s Army.

1. The government inspector is responsible for the inspection of the implementation of the policy, the law and the mandate, the powers of the Ministry of National Defense on the work of denouncing the prosecution in the People's Army.

2. The Inspector General of Government is responsible for consideration, concluding the settlement of the prosecution that the Minister of Defense has addressed but there is a sign of violation of the law; the case of concluding the settlement of a violation of the law, the Prime Minister ' s petition. Look, settle down.

Chapter VI

EXECUTION CLAUSE

What? 21.

This decree has been in effect since 19 February 2014.

What? 22.

The Minister, the Head of the Council, the Head of Government of the Government, Chairman of the Provincial People's Committee, the Central Committee of the Central Committee and the agencies, the relevant unit is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung