Circular No. 08/2007/TT-BCA guiding the handling of complaints and denunciations in the People's Public Security

CIRCULAR

Guidelines for Handling Complaints and Accusations in the People's Public Security Organs

____________________________

Based on the Law on Complaints and Accusations dated December 2, 1998; the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Accusations dated June 15, 2004; and the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Accusations dated November 29, 2005;

Based on the Inspection Law dated June 15, 2004;

Pursuant to the Criminal Procedure Code 2003;

Based on Decree No. 136/2006/NĐ-CP dated November 14, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Complaints and Accusations and the Laws Amending and Supplementing Certain Provisions of the Law on Complaints and Accusations;

Based on Decree No. 136/2003/NĐ-CP dated November 14, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

The Minister of Public Security guides the classification, handling, and resolution of complaints and accusations letters in the People's Public Security Organs as follows:

I. CLASSIFICATION AND HANDLING OF PETITIONS

1. Classification of Petitions

Complaints, accusations, denunciations, reports of criminal offenses, and requests that fall within the jurisdiction of public security organs and complaints and accusations against public security officers and organs in the field of criminal proceedings under the jurisdiction of the Office of the Prosecutor are collectively referred to as petitions, which include four types as follows: Complaints, accusations, denunciations of criminal offenses, and requests.

1.1. Complaints

Complaints consist of three specific types as follows:

a) Complaints regarding administrative decisions and administrative acts of public security organs and officers: This refers to individuals, organizations, or entities making a request according to the procedures prescribed by the Law on Complaints and Accusations for competent authorities or units within the People's Public Security Organs to review administrative decisions or acts when there is evidence that such decisions or acts violate the law and infringe upon their legitimate rights and interests.

b) Complaints regarding disciplinary decisions against public security officers: This refers to individuals, organizations, or entities making a request according to the procedures prescribed by the Law on Complaints and Accusations for the head of the competent authority within the People's Public Security Organs to review disciplinary decisions when there is evidence that such decisions violate the law and infringe upon their legitimate rights and interests.

c) Complaints regarding criminal procedural decisions and acts of public security organs and officers with the authority to conduct criminal proceedings: This refers to individuals, organizations, or entities making a request according to Chapter XXXV of the Criminal Procedure Code for competent authorities or individuals to review criminal procedural decisions or acts of public security organs and officers with the authority to conduct criminal proceedings when there is evidence that such decisions or acts violate the law and infringe upon their legitimate rights and interests.

The criminal procedural decision mentioned in this Circular is a decision issued by the Head, Deputy Head of the Investigation Agency, Investigator, or public security officer authorized to conduct certain investigative activities as prescribed by the Criminal Procedure Law.

The criminal procedural act mentioned in this Circular is an act carried out in criminal proceedings by the Head, Deputy Head of the Investigation Agency, Investigator, or public security officer authorized to conduct certain investigative activities as prescribed by the Criminal Procedure Law.

1.2. Accusations

Accusations consist of two specific types as follows:

a) Accusations not falling within the scope of criminal proceedings: This refers to citizens reporting to competent authorities or individuals about violations of the law, moral character, prohibited actions of public security officers, and internal political issues (but without signs of criminal offenses, not within the scope of criminal proceedings) that cause or threaten to cause damage to the interests of the State, the legitimate rights and interests of citizens, agencies, or organizations.

b) Accusations falling within the scope of criminal proceedings: This refers to citizens reporting to competent authorities or individuals about violations of the law in criminal proceedings by public security officers authorized to conduct criminal proceedings or authorized to conduct certain investigative activities, believing that such acts cause or threaten to cause damage to the interests of the State, the legitimate rights and interests of citizens, agencies, or organizations.

1.3. Denunciations of Criminal Offenses: This refers to citizens reporting to competent authorities or individuals about acts violating the law with signs of criminal offenses, criminal acts, and other information about crimes committed by any individual.

1.4. Requests: This refers to citizens, agencies, or organizations requesting competent public security authorities to resolve matters directly related to their legitimate rights and interests or the interests of society.

2. Handling Petitions

When public security organs receive various types of petitions, they must promptly compare them with their own jurisdiction and responsibilities to handle them; if they fall within their jurisdiction, they shall accept and resolve them; if they do not fall within their jurisdiction or do not meet the conditions for acceptance, they shall be handled according to the following guidelines:

2.1. Handling Petitions Within the Jurisdiction and Responsibility of Public Security Organs.

a) Handling Complaints.

- Handling complaints regarding administrative decisions and administrative acts and complaints regarding disciplinary decisions against public security officers.

When handling these types of petitions, it is necessary to base them on the authority to resolve complaints regarding administrative decisions and administrative acts and the authority to resolve complaints regarding disciplinary decisions against public security officers (as already guided in Section 1, Part II and Section 2, Part III of this Circular) to transfer the petition to the head of the competent agency or organization for resolution.

In case of receiving a complaint that does not fall within the jurisdiction for resolution, or a complaint regarding a matter that has already been resolved through the second-level administrative appeal decision of the head of the competent public security agency, the receiving authority shall not be responsible for processing it but shall provide written guidance and response to the complainant. The guidance and response shall only be provided once for each complaint case. If the complainant submits original documents related to the complaint, the receiving authority shall return those documents to the complainant. If the complaint does not fall within the jurisdiction of the public security force and is forwarded by National Assembly deputies, People's Council deputies, Vietnam Fatherland Front representatives, member organizations of the Front, or news agencies, it shall be returned with a written explanation of the reasons.

- Handling complaints about decisions and criminal procedural acts of public security agencies and officers:

+ Complaints about decisions and criminal procedural acts unrelated to the application of arrest, temporary detention, or pre-trial detention measures by public security agencies and officers during criminal proceedings in the following specific cases shall be transferred to the head of the competent investigative agency within the Public Security Force for resolution:

Complaints against the criminal procedural decisions of the Deputy Head of the Investigative Agency at the same level, which were not approved by the Prosecution;

Complaints against the criminal procedural acts of the Deputy Head of the Investigative Agency at the same level, and of the Investigator at the same level;

Complaints against the investigation conclusion of the Deputy Head of the Investigative Agency at the same level.

+ Complaints about decisions and criminal procedural acts of public security agencies and officers during criminal proceedings in the following specific cases shall be transferred to the Prosecution at the same level as the complained public security agency or the same level as the agency whose officer is complained against:

Complaints related to the application of arrest, temporary detention, or pre-trial detention measures (as stipulated in Article 333 of the Criminal Procedure Code 2003);

Complaints against the criminal procedural decisions of the Head of the Investigative Agency within the Public Security Force (as stipulated in Article 329 of the Criminal Procedure Code 2003);

Complaints against the criminal procedural decisions of the Investigative Agency within the Public Security Force that have been approved by the Prosecution (as stipulated in Article 329 of the Criminal Procedure Code 2003);

Complaints against the investigation conclusion of the Head of the Investigative Agency;

Complaints against the initial handling of complaints about criminal procedural decisions and acts by the Head of the Investigative Agency within the Public Security Force (as stipulated in Article 329 of the Criminal Procedure Code 2003) and the investigation conclusion of the Deputy Head of the Investigative Agency that has been resolved by the Head of the Investigative Agency at the same level.

+ Complaints about decisions and criminal procedural acts of public security officers authorized to conduct certain investigative activities shall be transferred to the Prosecution authorized to prosecute the offender who conducted certain investigative activities (as stipulated in Article 332 of the Criminal Procedure Code 2003).

b) Handling reports.

- Handling reports not falling within the scope of criminal procedure.

+ Reports containing the name, address, and direct signature of the reporter (hereinafter referred to as named reports) shall be transferred to the immediate superior of the person reported.

In cases where the person reported is a police officer or soldier under the establishment of the Public Security Force, belonging to a police station, town police station, or market town police station, or teams within district, county, township, or provincial city police stations (hereinafter referred to as county-level police stations), they shall be transferred to the head of the county-level police station.

+ In cases where there is evidence suggesting that the report resolution was not in accordance with the law or exceeded the time limit without being resolved, it shall be transferred to the immediate superior of the person resolving the report (or the Director of the Political Security Protection Bureau if the report pertains to internal political issues) for resolution according to Article 69 of the Law on Complaints and Reports.

+ In cases where the reporter provides new evidence proving that the resolution was not in accordance with the law, it shall be transferred to the head of the Inspection Agency at the same level as the immediate superior of the person resolving the report (or the Director of the Political Security Protection Bureau if the report pertains to internal political issues) for resolution according to Clause 2 of Article 62 of the Law on Complaints and Reports.

+ Not to consider or resolve anonymous reports (reports without name, address; vague or incorrect name, address; without direct signature but copied signature) or repeated reports on matters previously resolved by the competent authority without new evidence.

- Handling reports falling within the scope of criminal procedure.

+ Reports unrelated to arrest, temporary detention, or pre-trial detention measures in the following specific cases shall be transferred to the head of the Investigative Agency at the same level as the person reported (as stipulated in Article 337 of the Criminal Procedure Code 2003):

Reporting the Deputy Head of the Investigative Agency;

Reporting the Investigator of the Investigative Agency.

+ Reports concerning the Head of the Investigative Agency; Deputy Head and Investigator of the Investigative Agency (unrelated to arrest, temporary detention, or pre-trial detention measures) that have been resolved by the Head of the Investigative Agency but the reporter disagrees shall be transferred to the higher-level Investigative Agency.

+ Reports in the following specific cases shall be immediately transferred to the Prosecution at the same level as the complained agency according to Clause 1 and Clause 3 of Article 337 and Article 339 of the Criminal Procedure Code 2003:

Reports related to arrest, temporary detention, or pre-trial detention measures by the Head, Deputy Head, and Investigator of the Investigative Agency;

Reports concerning the criminal procedural acts of public security officers authorized to conduct certain investigative activities shall be transferred to the Prosecution authorized to prosecute the offender who conducted certain investigative activities.

For anonymous complaints, false-name complaints, complaints with unclear addresses, complaints without the direct signature of the complainant, or complaints that have already been resolved by competent authorities and the complainant cannot provide new evidence, they shall not be considered or resolved according to the provisions at point b, section 1.2, part III, Circular No. 02/2005/TTLT-VKS-TATC-BCA-BQP-BTP dated August 10, 2005 of the Inter-ministerial Joint Circular of the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Justice.

c) Handling criminal complaint reports.

Criminal complaint reports (complaints about violations of laws with signs of criminal offenses, complaints about criminal acts, or reports of criminal offenses) shall be immediately transferred to the competent investigative authority for resolution in accordance with Article 60, Article 71 of the Law on Petitions and Complaints and Article 103, Article 337 of the Criminal Procedure Code 2003 (regardless of whether the report is named or anonymous).

d) Handling request letters.

Request letters within the jurisdiction of which public security agency shall be transferred to the head of that agency for consideration and resolution.

2.2. Handling letters unrelated to the jurisdiction and responsibility of the public security agency.

- Complaints and request letters not within the jurisdiction and responsibility of the public security agency shall be accompanied by a written guide directing the person who submitted the letter to send it to the competent authority.

- Named complaints about violations of laws but without signs of criminal offenses by officials or civil servants outside the People's Public Security; complaints about criminal proceedings involving officials or civil servants from judicial agencies outside the People's Public Security shall be transferred to the immediate superior of those officials or civil servants.

2.3. When transferring letters to the competent authority for resolution, the transferring agency must inform the person who submitted the letter in writing according to the law on petitions and complaints; if notification and guidance have been provided but the same content letter is still received, it shall be filed. In cases where the letter is transferred to a competent authority within the People's Public Security, in addition to notification, the transferring agency must also notify the inspection organization at the same level to help the head of the public security agency monitor and manage the resolution results.

2.4. Complaints and accusations against public security officials or agencies in criminal proceedings within the jurisdiction of the Procuracy must be reported by the heads of public security agencies at all levels to the Procuracy for notification of the resolution results.

2.5. The public security agency receiving the letter must stamp the date of receipt and complete the handling within the latest period of 10 days from the date of receipt. The handler is responsible for preserving the letter, ensuring it is not torn, not written on, or subjected to any action that changes its form or content.

II. PETITIONS AND RESOLUTION OF ADMINISTRATIVE DECISIONS AND ACTIONS

1. Competence to resolve petitions.

1.1. The Head of Police Station, the Head of Police Ward, the Head of Police Town within the People's Public Security establishment shall resolve initial petitions regarding administrative decisions and actions made by themselves and directly managed police officers.

1.2. The Head of Police Department at the district level shall resolve:

a) Petitions regarding administrative decisions and actions made by themselves and directly managed police officers, except for petitions within the jurisdiction of the Head of Police Station, the Head of Police Ward, the Head of Police Town;

b) Petitions that the Head of Police Station, the Head of Police Ward, the Head of Police Town have already resolved initially but are still being petitioned.

1.3. The Heads of Departments and Equivalent Units under the Provincial Public Security; the Warden of Detention Centers; the Principals of Educational Institutions; the Directors of Educational Facilities shall resolve petitions regarding administrative decisions and actions made by themselves and directly managed staff.

1.4. The Heads of Divisions, Chiefs of Bureaus, Heads of Units under the General Administration or directly under the Minister, the Director of Provincial Public Security and Equivalent Positions shall resolve:

a) Petitions regarding administrative decisions and actions made by themselves;

b) Petitions that the Heads of Agencies and Units under their direct management have already resolved initially but are still being petitioned.

1.5. The Minister shall resolve:

a) Petitions regarding administrative decisions and actions made by themselves and directly managed staff (if any);

b) Petitions that the Heads of Divisions, Chiefs of Bureaus, Heads of Units under the Minister; the Directors of Provincial Public Security and Equivalent Positions have already resolved initially but are still being petitioned;

c) Petitions regarding the initial resolution of petitions by the Chairman of the Provincial People's Committee when the content of the petition falls within the management authority of the Ministry of Public Security.

2. Procedures for Petitioning and Resolving Petitions.

2.1. Petitioning must be done through a letter; if the petitioner presents the petition in person, the receiving agency must require it to be written down. For petitions regarding administrative decisions or petitions regarding the resolution of petitions, a copy of the decision being petitioned must be attached to the letter. In cases of petitioning through representatives or lawyers, the reasons must be clearly stated in the letter and comply with the regulations of the Law on Petitions and Complaints.

2.2. Time limit for petitioning.

The time limit for petitioning is 90 days from the date of receiving the administrative decision or knowing about the administrative action.

In cases where illness, natural disasters, enemy attacks, being away on official business, studying far away, or other objective obstacles prevent the petitioner from exercising their right to petition within the prescribed time limit, this period will not be counted towards the time limit for petitioning but must be confirmed by the People's Committee of the commune, ward, medical facility, or the head of the state agency, social organization, or military unit where the petitioner resides or works.

2.3. Time limit and right to petition further, right to initiate an administrative lawsuit before the court.

a) The petitioner has the right to petition the authority with the second-level resolution competence if they disagree with the initial resolution decision or if the petition has not been resolved after the resolution deadline has expired.

b) The complainant has the right to initiate an administrative lawsuit at the Court when disagreeing with the decision on handling the complaint (first time, second time) or when the deadline for handling the complaint has expired without resolution (except complaints concerning internal political issues, State secrets, or as prescribed by the Ministry of Public Security).

c) The deadline for the next complaint, and the deadline for initiating an administrative lawsuit at the Court is thirty days from the date of receipt of the decision on handling the complaint or from the date when the deadline for handling the complaint has expired without resolution; for remote areas with difficult access, this deadline may be extended but not exceeding forty-five days.

2.4. Filing a complaint through a representative.

Filing a complaint through a representative as stipulated in point a, Clause 1, Article 17 of the Law Amending and Supplementing Certain Provisions of the Complaint and Denunciation Law 2005; at point b, c Clause 1 and Clauses 2, 3, Article 1 of Decree No. 136/2006/NĐ-CP dated November 14, 2006 of the Government (hereinafter referred to as Decree No. 136/2006/NĐ-CP).

2.5. Time limit for handling complaints.

a) The time limit for handling the first complaint shall not exceed thirty days from the date of acceptance; for complex cases, the time limit for handling shall not exceed forty-five days from the date of acceptance. For remote areas with difficult access conditions, the time limit for handling the first complaint shall not exceed forty-five days; for complex cases, the time limit for handling shall not exceed sixty days.

b) The time limit for handling the second complaint shall not exceed forty-five days from the date of acceptance; for complex cases, the time limit for handling shall not exceed sixty days. For remote areas with difficult access conditions, the time limit for handling the second complaint shall not exceed sixty days; for complex cases, the time limit for handling shall not exceed seventy days.

2.6. Acceptance of complaint.

Within the latest ten days from the date of receipt of the complaint within the jurisdiction to handle, if the conditions for acceptance are met according to Article 2 of Decree No. 136/2006/NĐ-CP, the Head of the competent authority responsible for handling the complaint must issue a document accepting the complaint case. The acceptance of the complaint must be notified in writing to the complainant, the person complained against, and the agencies, organizations, individuals (National Assembly Deputies, People's Council Deputies, Vietnam Fatherland Front Committee and its member organizations, or news agencies...) who transferred the complaint; if the conditions for acceptance and handling are not met according to Article 2 of Decree No. 136/2006/NĐ-CP, a written response must be issued to inform the complainant of the reasons for non-acceptance.

2.7. Conduct verification, conclude the content of the complaint, and issue a decision to resolve the complaint.

The steps for conducting verification and concluding the content of the complaint are carried out according to the procedures for handling complaints as prescribed in the Complaint and Denunciation Law; Laws Amending and Supplementing Certain Provisions of the Complaint and Denunciation Law; Decree No. 136/2006/NĐ-CP, and regulations of the Minister of Public Security on the procedure for handling complaints. The verification of the content of the complaint is conducted through one of the following decisions: Decision on Verification and Conclusion of the Content of the Complaint or Decision on Inspection for complex cases involving multiple subjects or regions by the head of the competent authority. During the process of handling the complaint, dialogue must be organized according to Article 9 of Decree No. 136/2006/NĐ-CP; the head of the competent authority must issue a decision to resolve the complaint and publicly announce the decision to resolve the complaint according to Articles 17 and 18 of Decree No. 136/2006/NĐ-CP. No other form such as letters or notifications can be used to respond instead of the decision to resolve the complaint.

2.8. During the complaint process, the complainant still must comply with the administrative decision or administrative act being complained about, except in cases where such decision or act has been temporarily suspended from enforcement according to Article 35 of the Complaint and Denunciation Law and Clause 15 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Complaint and Denunciation Law 2005.

III. COMPLAINTS AND HANDLING OF DISCIPLINARY DECISIONS FOR POLICE OFFICERS AND SOLDIERS

1. Right to file complaints.

1.1. Officers, non-commissioned officers, conscript soldiers; university students, secondary school students, primary school students, and students at the Police Cultural School (hereinafter referred to as students) have the right to file complaints regarding disciplinary decisions as stipulated in Section 2, Points 2.1 and 2.3; Section 3, Part III of this Circular.

1.2. Civil servants and employees in the police force within the state budget and workers under labor contracts in the People's Public Security have the right to file complaints regarding disciplinary decisions according to the provisions on complaints and handling of disciplinary decisions for civil servants and public officials in administrative state agencies as prescribed in the Complaint and Denunciation Law; Laws Amending and Supplementing Certain Provisions of the Complaint and Denunciation Law, and Decree No. 136/2006/NĐ-CP.

2. Competent Authority for Handling Complaints.

2.1. Regarding disciplinary decisions for officers, non-commissioned officers, and conscript soldiers.

a) The Director of the Department, Chief of the Bureau, Head of the Unit directly subordinate to the Minister or directly subordinate to the General Corps; Provincial Police Director and equivalent handles complaints regarding their own disciplinary decisions for officers, non-commissioned officers, and conscript soldiers under their direct management.

b) The General Corps Director handles:

- Complaints regarding their own disciplinary decisions for officers and non-commissioned officers;

- Complaints that the Department Director, Bureau Chief, or Unit Head subordinate to the General Corps have handled initially but are still subject to further complaints. The decision to resolve complaints in this case is a decision with binding effect.

c) The Minister handles:

- Complaints regarding their own disciplinary decisions for officers.

In cases where the Minister's initial decision on resolving complaints is subject to further complaints, the Minister will review according to Article 3 of the Complaint and Denunciation Law to issue a decision to revoke, amend, or maintain the initial decision on resolving complaints. The decision to resolve complaints in this case is a decision with binding effect.

- Complaints that the General Director, Department Head, Bureau Chief, Heads of units directly under the Minister; Provincial Public Security Director and equivalent have resolved initially but still complain. The decision to resolve complaints in this case is a decision with enforcement effect.

2.2. Regarding disciplinary decisions for public security workers.

a) The initial complaint against a disciplinary decision for public security workers made by the Head of the agency who has decided to resolve it;

b) In cases where further complaints continue, then the Head of the immediate superior agency of the Head who resolved the initial complaint will resolve it. The decision to resolve complaints in this case is a decision with enforcement effect.

2.3. Regarding disciplinary decisions for students.

a) The Director of the academy, Principal of the People's Public Security School resolves complaints against their own disciplinary decisions regarding students;

b) The Minister resolves complaints that the Academy Director, Principal of the People's Public Security School have resolved initially but still complain. The decision to resolve complaints in this case is a decision with enforcement effect.

3. Complaint procedure and resolution of complaints

3.1. The act of complaining must be carried out by a complaint letter directly signed by the person making the complaint, attached to the letter must be a copy of the disciplinary decision or the decision resolving the complaint being complained about. In cases where the complaint is made through a representative or Lawyer, the reasons must be clearly stated in the letter and comply with the provisions of the law on complaints and denunciations.

3.2. Time limit for complaints, time limit for subsequent complaints, time limit for initiating administrative litigation at the Court.

a) The time limit for complaints is 15 days, counted from the date of receipt of the disciplinary decision.

In cases where the person making the complaint has objective obstacles due to illness, natural disasters, enemy activities, business trips, studying far away, or other objective obstacles, the time of such obstacles shall not be counted towards the complaint period but must be confirmed by the People's Committee of the commune, ward, health facility or Head of the agency, unit where the person making the complaint resides or works;

b) The time limit for subsequent complaints when the person making the complaint disagrees with the initial decision resolving the complaint is 10 days, counted from the date of receipt of the decision;

c) Public security workers who complain about a disciplinary decision to terminate employment, after complaining and the authority resolving the initial complaint still maintains the same form of discipline, then they have the right to complain to the next authority with the power to resolve or initiate administrative litigation at the Court according to the provisions of Article 30 of Decree No. 136/2006/NĐ-CP.

3.3. The time limit for resolving initial or second complaints does not exceed 30 days, counted from the date of acceptance. For complex cases, the resolution time does not exceed 45 days from the date of acceptance.

3.4. Conditions for complaints to be accepted for resolution are implemented according to the provisions of Article 2 of Decree No. 136/2006/NĐ-CP.

3.5. Within 10 days from the date of receiving the complaint letter, if within the jurisdiction and meeting the conditions for acceptance, the Head of the competent agency must issue a document accepting the case according to the guidance at Clause 2.6, Section 2, Part II of this Circular.

3.6. Conduct verification and conclude the complaint letter:

Verification and conclusion of the complaint letter are conducted according to the guidance at Clause 2.7, Section 2, Part II of this Circular.

3.7. During the complaint process, the person making the complaint must still comply with the disciplinary decision they are complaining about, except in cases where the decision has been temporarily suspended from enforcement by the competent authority according to the provisions of Article 35 of the Law on Complaints and Denunciations and Point 15, Article 1 of the Law amending and supplementing certain articles of the Law on Complaints and Denunciations in 2003.

IV. DENUNCIATION AND RESOLUTION OF DENUNCIATIONS NOT BELONGING TO THE CRIMINAL PROSECUTION FIELD.

1. Authority to resolve denunciations

1.1. At agencies and units at the provincial level Public Security:

a) The Head of the provincial-level Public Security Office resolves denunciations against the Head, Deputy Head of the municipal-level Public Security Office and officers, soldiers under their direct management, including officers, soldiers under the municipal-level Public Security Office;

b) The Head of the department and Head of the equivalent unit under the provincial-level Public Security Office resolve denunciations against officers, soldiers under their direct management;

c) The Director of the provincial-level Public Security Office and equivalent resolve denunciations against Heads, Deputy Heads of units under the provincial-level Public Security Office (including the Head, Deputy Head of the county-level Public Security Office).

1.2. At agencies and units at the Ministry of Public Security:

a) Department Head, Bureau Chief, Head of units directly under the General Administration resolve denunciations against: Officers, soldiers not holding positions in their Departments, Bureaus, units;

b) Department Head, Bureau Chief, Head of units directly under the Minister resolve denunciations against: Officers, soldiers from the Department Head down in their Departments, Bureaus, units;

c) General Administration Head resolve denunciations against: Department Head, Deputy Department Head and officers holding equivalent positions at the Department level in Departments, Bureaus, units directly under the General Administration;

d) The Minister resolves denunciations against: Heads, Deputy Heads of General Administrations; Departments, Bureaus directly under the Minister or directly under the General Administration; Directors, Deputy Directors of provincial-level Public Security Offices and equivalent or senior specialists directly managed by the Minister (if any).

2. Procedure for denunciation and resolution of denunciations

2.1. The person making the denunciation may write a letter clearly stating their name, address or go directly to the competent authority to make the denunciation, in this case, the person receiving the denunciation content must record it in writing for the person making the denunciation to sign and confirm or stamp.

For denunciation letters that have been resolved by the competent authority, now denouncing again but without new evidence, they will not be considered and resolved according to the provisions of point c, clause 1, Article 38 of Decree No. 136/2006/NĐ-CP (except where the law provides otherwise).

2.2. The time limit for resolving denunciations does not exceed 60 days, counted from the date of acceptance; for complex cases, the resolution time does not exceed 90 days.

2.3. The person resolving the denunciation is responsible for informing the results of the resolution to the person making the denunciation if requested; promptly applying measures to prevent potential damage and handling the violator according to the law.

2.4. The complainant has the right to file a complaint with the direct superior authority of the person handling the complaint if they have grounds to believe that the complaint resolution does not comply with the law or exceeds the prescribed time limit without the complaint being resolved, in accordance with Article 69 of the Law on Petitions and Complaints. The agency receiving such complaints must pay attention to avoid treating this as a petition, and should not resolve it through the petition procedure but must verify and conclude on the compliance with the law in handling the complaint according to the authority of the head of the inspection agency at the same level as the direct superior authority of the person handling the complaint (as guided in Section 1, Part VI of this Circular).

2.5. The accused has the right to appeal (in accordance with Article 53 of the Inspection Law) against the decision or act of the Head of the Inspection Team or members of the Inspection Team during the verification process of the complaint if there are grounds to believe that such decision or act is contrary to the law; the accused may also appeal to the head of the inspection agency or the head of the agency with the authority to resolve the complaint regarding the conclusion of the inspection handling decision when there are grounds to believe that such conclusion or decision is contrary to the law.

Appeals and the resolution of appeals in this case shall be carried out according to the authority, procedures, and appeal resolution procedures for administrative decisions and acts. While awaiting the resolution of the appeal, the appellant must still comply with the decisions they are appealing.

2.6. The verification and conclusion of the content of the complaint shall be conducted in accordance with the procedures for resolving complaints as stipulated in the Law on Petitions and Complaints; laws amending and supplementing certain articles of the Law on Petitions and Complaints; Decree No. 136/2006/ND-CP, and the regulations of the Minister of Public Security on the complaint resolution process. A decision to handle the complaint will only be issued when the accused has committed an offense and it is necessary to apply disciplinary measures or other remedies as provided by law. In other cases, no decision to handle the complaint will be issued, but instead, a response letter will be sent to the complainant, the accused, and responsible individuals or agencies upon request.

V. GUIDANCE ON HANDLING PETITIONS AND RESOLVING CERTAIN APPEALS AND COMPLAINTS THAT NEED ATTENTION

1. Complaints that do not fall within the criminal jurisdiction but are related to the jurisdiction of multiple public security agencies, if under the direct management of the Minister, the Minister decides the competent agency to resolve; if under the management of the Provincial Public Security Director, the Provincial Public Security Director decides the competent agency to resolve.

2. Appeals against administrative decisions, administrative acts, and disciplinary decisions made by lower-level public security agency heads who fail to implement the resolution deadline correctly, the higher-level head requires the lower-level to resolve while examining and clearly determining the responsibility of the person handling the appeal. If the person handling the appeal is negligent or intentionally delays the resolution or causes inconvenience, harassment, or obstruction of the exercise of appeal rights, they must be disciplined for violating the resolution deadline for appeals.

3. Petitions containing both appeal and complaint contents that do not fall within the criminal jurisdiction, the head of the competent agency to resolve shall handle based on each specific case as follows:

3.1. If the appeal content is mainly concerned, it shall be resolved according to the appeal resolution procedures but must still conclude on the complaint content;

3.2. If the complaint content is mainly concerned, it shall be resolved according to the complaint resolution procedures but must still conclude on the appeal content.

3.3. In cases where it is not possible to determine which content is primarily concerned or the appeal and complaint contents are unrelated, separate the appeal and complaint contents to resolve the appeal content according to the appeal resolution procedures; resolve the complaint content according to the complaint resolution procedures.

4. Petitions containing both appeal and complaint contents, and belonging to both criminal and administrative jurisdictions, shall be separated to resolve the appeal and complaint contents in each jurisdiction according to the authority, procedures, and methods prescribed by law.

5. Appeals against the resolution of appeals by the Heads of Inspection Agencies at all levels shall be handled by the competent authority at the same level, assigning the force construction agency or another functional agency to verify, conclude, and recommend a resolution.

6. Appeals related to certain activities within specialized fields (press, publishing, copyright...) that have legal documents regulating appeals and their resolution shall be resolved according to the provisions of those legal documents.

VI. AUTHORITY AND RESPONSIBILITY OF INSPECTION AND FUNCTIONAL AGENCIES IN RESOLVING APPEALS AND COMPLAINTS

1. The authority and responsibility of Inspection Agencies at all levels of Public Security:

1.1. To verify, conclude, and recommend the resolution of administrative decision appeals, administrative act appeals, and disciplinary decision appeals concerning public security officers and soldiers, and complaints within the authority of the same-level head (excluding appeals assigned by the same-level head to other functional agencies).

1.2. To detect and verify, conclude on signs of law violations by the directly subordinate head of the same-level head during the handling of complaints outside the criminal jurisdiction (except for complaints about internal political issues, verified and concluded by the Internal Political Protection Agency). If the complaint resolution complies with the law, respond to the complainant in writing about the non-resolution of the complaint. If there are grounds to conclude that the complaint resolution violates the law, recommend the person who handled it to reconsider and resolve again according to Clause 2, Article 62 of the Law on Petitions and Complaints. Within thirty days from the date of receipt of the recommendation, if the complaint is not reconsidered and resolved again, recommend the same-level head to instruct the directly subordinate head to implement the recommendation.

2. The General Bureau for Building the People's Police Force shall verify, conclude, and recommend the resolution of complaints regarding disciplinary decisions within the authority of the Minister (except for complaints about the first-level Minister’s decision to resolve such disciplinary complaints). Internal Political Security Departments at all levels shall verify, conclude, and recommend the resolution of complaints and denunciations concerning internal political issues within their respective authorities and have the responsibility to notify the results of complaint resolution to the same-level inspection agencies to facilitate unified management of complaint and denunciation resolution work.

3. The Chief Inspector and other functional agency heads at all levels when exercising the above authority must issue verification decisions and organize verification and conclusion in accordance with Articles 61 and 62 of the Law on Complaints and Denunciations and Articles 8 and 41 of Decree No. 136/2006/NĐ-CP.

4. Investigation agencies have the responsibility and authority to resolve complaints and denunciations within the criminal procedure domain and criminal accusations according to the provisions of the Criminal Procedure Code of 2003; when Investigation Agencies notify the results of resolution to the complainant and accuser as stipulated by criminal procedure laws, they shall send the results to the same-level Inspection Agency to assist the same-level head in monitoring the resolution of complaints and denunciations within the criminal procedure domain and criminal accusations, and the agency that transferred the complaint as stipulated in Article 71 of the Law on Complaints and Denunciations.

VII. MANAGEMENT OF COMPLAINT AND DENUNCIATION RESOLUTION WORK

1. The Minister of Public Security shall implement state management over complaint and denunciation resolution work within his/her jurisdiction. The contents of state management over complaint and denunciation resolution work in the People's Police include:

1.1. Developing programs and plans for complaint and denunciation resolution work and receiving citizens. Based on specific circumstances, this plan can be developed independently or as part of the annual inspection work plan;

1.2. Issuing directives, decisions, and circulars guiding the resolution of complaints and denunciations and receiving citizens in accordance with the organizational structure, functions, and tasks of the People's Police;

1.3. Guiding and organizing the implementation of legal normative documents on complaints and denunciations, complaint and denunciation resolution, and citizen reception at police agencies and units;

1.4. Providing information and propaganda on the Law on Complaints and Denunciations;

1.5. Monitoring, supervising, inspecting, guiding, and urging the implementation of legal regulations on complaints and denunciations, complaint and denunciation resolution, and citizen reception at all levels of the police;

1.6. Implementing reporting systems on the situation of complaints and denunciations, results of complaint and denunciation resolution, including those in criminal proceedings, from functional investigation agencies within the People's Police. Concentrating information on complaints and denunciations and the results of their resolution to a single point of contact, which is the Inspection Agency at each level of the police;

1.7. Monitoring the situation of complaints and denunciations and the results of their resolution to serve the requirements of building a clean and strong People's Police force;

1.8. Summarizing practical experiences and researching theoretical foundations for complaint and denunciation resolution and citizen reception work;

1.9. Training and enhancing cadres engaged in complaint and denunciation resolution work, including inspectors who concurrently hold positions where there is no dedicated inspection organization.

2. Heads of police agencies at all levels are responsible to their immediate superiors for managing complaint and denunciation resolution and citizen reception work within their jurisdictions.

3. The Inspectorate of the Ministry assists the Minister in uniformly managing state affairs related to complaint and denunciation resolution outside the criminal procedure domain throughout the People's Police force; assisting the Minister in monitoring the results of complaint and denunciation resolution within the criminal procedure domain at the Ministry of Public Security.

4. Provincial Police Inspectors, County Police Inspectors, Inspectors of General Bureaus, Inspectors of Departments, Directorates, and subordinate units of the Minister assist their respective heads in uniformly managing state affairs related to complaint and denunciation resolution outside the criminal procedure domain within their units and localities under their management; assisting their respective heads in monitoring the results of complaint and denunciation resolution within the criminal procedure domain within their units and localities. Monthly, quarterly, semi-annually, and annually, they are responsible for assisting their respective heads in reporting the results of complaint and denunciation resolution to their immediate superiors (through the Inspection Organization).

5. Investigation agencies and agencies assigned tasks to conduct certain investigative activities within the People's Police are responsible for managing state affairs related to complaint and denunciation resolution within the criminal procedure domain within their units and localities. Monthly, quarterly, semi-annually, and annually, they must report the results of complaint and denunciation resolution to their respective heads (through the Inspection Organization).

6. Complaints and denunciations not within the criminal procedure domain in their own units and localities must be concentrated at the Inspection Organization of the same-level police to unify management in accordance with Part I of this Circular.

VIII. REWARDING AND DISCIPLINARY ACTION FOR VIOLATIONS OF THE LAW ON COMPLAINTS AND DENUNCIATIONS

1. Rewarding and disciplinary action for violations of the Law on Complaints and Denunciations apply to heads of agencies with the authority to resolve complaints and handle denunciations, and staff assigned the task of reviewing, verifying, and concluding the content of complaints and denunciations.

2. Those responsible for implementing decisions to resolve complaints and decisions to handle denunciations as stipulated in Article 96 of the Law on Complaints and Denunciations include the complainant, the person complained against, the accuser, the accused, and those with responsibilities and interests involved.

3. Police officers who violate the provisions of Articles 96, 98, 99, and 100 of the Law on Complaints and Denunciations or other legal provisions on complaints and denunciations will be subject to disciplinary measures currently in effect within the People's Police based on the nature, degree, and consequences of the violation. If there are signs of criminal offenses, they will be handled according to the provisions of criminal law.

IX. IMPLEMENTATION ORGANIZATION

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Circular No. 10/2005/TT-BCA dated September 26, 2005, issued by the Minister of Public Security guiding the handling of complaints and reports within the People's Public Security Forces.

2. The heads of public security agencies at all levels shall be responsible for organizing the implementation of this Circular. The inspection bodies at all levels of public security shall be responsible for guiding, inspecting, and urging the implementation within their units and localities.

3. Information published in the press containing reports about public security officials or agencies shall be handled and resolved according to the guidance on handling and resolving reports provided in this Circular.

4. The handling of complaints and reports within the criminal procedure domain shall be carried out in accordance with the provisions of the Criminal Procedure Law.

5. The reception and handling of complaints and reports shall be implemented in accordance with the Regulation on Receiving Citizens of the Ministry of Public Security.

6. Complaints and the resolution of complaints by individuals, organizations, and foreign entities; reports and the resolution of reports by foreign individuals residing, studying, or working in Vietnam shall be conducted in accordance with the provisions of Article 65 of Decree No. 136/2006/NĐ-CP.

7. The language used in complaints, reports, and the resolution of reports shall be Vietnamese. Individuals who are foreigners or ethnic minorities who do not know the common language have the right to use their own language and script. In such cases, the competent authority responsible for resolving complaints and reports must organize translation and interpretation services.

8. During the implementation process, if there are any difficulties, public security units and localities need to report to the Ministry (through the Ministry's Inspectorate) for timely guidance./.