Circular No. 10/2014/TT-BCA on the handling, resolution of complaints and management of complaint resolution work in the People's Public Security Force

CIRCULAR

Article 24provides for the handling, resolution of complaints and management of complaint resolution work in the People's Public Security.

On the basis of the Criminal Enforcement Law dated June 17, 2010;For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.

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Pursuant to the Law on Complaints dated November 11, 2011;

Considering the proposal of the Inspectorate Chief of the Ministry,

Based on the Criminal Procedure Code dated November 26, 2003;

Pursuant to Decree No. 76/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions of the Law on Complaints;

Pursuant to the Government Decree No. 91/2013/NĐ-CP dated August 12, 2013 on denunciation and denunciation resolution in the People's Public Security;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

The Minister of Public Security issues this Circular to provide for the handling, resolution of complaints and management of complaint resolution work in the People's Public Security.

1. This Circular stipulates the receipt, classification, handling of complaint information; resolution of complaints and management of complaint resolution work in the People's Public Security.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. The resolution of complaints regarding violations of law in criminal proceedings, criminal enforcement activities, and violations of law with signs of criminal offenses does not fall within the scope regulated by this Circular.

1. Organs, units, individuals with authority to receive, classify, handle complaints and resolve complaints in the People's Public Security.

Article 2. Applicability

2. The complainant, organs, units, individuals being complained against; organs, units, individuals related to the resolution of complaints in the People's Public Security.

1. Police officers of the People's Public Security include: Officers and non-commissioned officers in specialized positions; officers and non-commissioned officers in technical positions, students at police schools, non-commissioned officers and soldiers serving on a fixed-term basis, workers, civil servants, citizens temporarily recruited and under labor contracts in the People's Public Security.

Article 3. Explanation of Terms

2. Complaints about violations of law by police officers of the People's Public Security in performing their duties and tasks are complaints about police officers of the People's Public Security having acts of violating the law in performing their assigned functions and tasks.

3. Complaints about violations of law concerning state administration in the field of security and public order are complaints about organs, units, individuals having acts of violating the law concerning state administration in the field of national security protection and maintaining public order and social safety under the responsibility of the Ministry of Public Security.

4. Complaints in criminal proceedings are complaints about violations of law by Heads and Deputy Heads of Investigation Departments, Investigators; police officers of the People's Public Security in criminal proceedings activities.

5. Complaints in criminal enforcement are complaints about violations of law by Heads and Deputy Heads of Criminal Enforcement Departments; police officers of the People's Public Security in criminal enforcement activities.

6. Complaints about police officers of the People's Public Security violating regulations of the Ministry of Public Security are complaints about police officers of the People's Public Security violating moral qualities, conduct rules, standards of police officers of the People's Public Security and other regulations of the Ministry of Public Security.

1. Complaints from Vietnamese organs, organizations, individuals; foreign organizations, individuals residing in Vietnam and the resolution of complaints about violations of law by such organs, organizations, individuals fall within the responsibility of the People's Public Security and shall be applied according to the provisions of the Law on Complaints; Government Decree No. 76/2012/ND-CP dated October 3, 2012 detailing certain provisions of the Law on Complaints; Government Decree No. 91/2013/ND-CP dated August 12, 2013 on complaints and resolution of complaints in the People's Public Security (referred to as Decree No. 91/2013/ND-CP) and this Circular, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Article 4. Application of laws on complaints and complaint resolution

When receiving complaint information, organs and units of the Public Security at all levels must record in a logbook or enter into a database for management and tracking; stamp "Received" and clearly note the date, month, year of receipt of the complaint information. Staff handling or persons authorized to resolve complaints have the responsibility to preserve, prevent damage, loss, alteration of the form and content of the complaint letter or written record of complaint information.

2. In cases where other laws have different provisions on complaints and complaint resolution than those stipulated in this Circular, such provisions shall be applied according to those laws.

Chapter II

RECEIVING AND HANDLING COMPLAINT INFORMATION

Article 5. Receiving complaint information

Organs and units at all levels of the Public Security, upon receiving information on complaints, must record in a logbook or enter into a database management system for tracking and monitoring; stamp "Received" and clearly note the date, month, and year of receipt of the complaint information. The officer handling the case or the authorized person resolving the complaint is responsible for preserving it, preventing damage, loss, alteration of its form, and modification of its content or documentation recording the complaint information.

Article 6. Handling information on complaints within the jurisdiction and responsibility of the People's Public Security

1. Handling information on complaints about violations of laws by public security officers in performing their duties:

a) Within ten working days from the date of receiving the complaint within its jurisdiction to resolve, the head of the agency or unit must organize verification to determine the name, address of the complainant and other contents to decide whether to accept or not to accept the complaint for resolution; notify the complainant in writing of the reason for not accepting the complaint (if they do not request confidentiality); if verification needs to be conducted at multiple locations, the verification period may be longer but shall not exceed fifteen working days;

b) For complaints that fall under the responsibility of the People's Public Security but not within the jurisdiction to resolve, the agency or unit receiving the complaint must transfer it to the head of the competent public security agency within five working days from the date of receipt for consideration and resolution according to Article 5 of Decree No. 91/2013/NĐ-CP; simultaneously notify the complainant in writing (if they do not request confidentiality) and the inspection agency at the same level as the competent agency handling the complaint;

c) If there is evidence that the resolution of the complaint does not comply with the law or exceeds the prescribed time limit without resolution, it shall be transferred to the head of the superior public security agency directly above the person resolving the complaint for examination and handling according to Article 27 of the Law on Complaints;

d) The person authorized to resolve complaints in the People's Public Security who does not accept or resolve complaints as stipulated in points a, b, and c of Clause 2, Article 20 of the Law on Complaints must provide a written response to the complainant, clearly stating the reasons for not accepting the complaint. In case of repeated complaints after a response has been given, the complaint shall be filed;

2. Handling information on complaints about violations of laws related to state management in the field of public order:

a) Complaints about violations of laws related to state management in the field of public order within the jurisdiction of which level of public security agency shall be examined and resolved by the head of that level of public security agency;

b) If the complaint does not fall within the jurisdiction of the agency or unit, it shall be transferred to the head of the competent agency or unit for examination and resolution;

3. Handling information on complaints in criminal proceedings:

a) Complaints against Deputy Heads, Investigators of the Investigation Agency where the complained act is not related to arrest, temporary detention, or pre-trial detention shall be transferred to the Head of the Investigation Agency at the same level as the accused. If the accused is the Head of the Investigation Agency or the complaint is against Deputy Heads, Investigators of the Investigation Agency already resolved by the Head of the Investigation Agency but the complainant disagrees and has new evidence, it shall be transferred to the Head of the superior Investigation Agency for examination and resolution according to Article 337 of the Criminal Procedure Code 2003;

b) Complaints related to acts of arrest, temporary detention, or pre-trial detention by Heads, Deputy Heads, and Investigators of the Investigation Agency shall be immediately transferred to the Procuracy at the same level for examination and resolution according to Clause 3, Article 337 of the Criminal Procedure Code 2003;

c) Complaints about criminal proceedings acts of public security officers authorized to conduct certain investigative activities shall be transferred to the Procuracy authorized to prosecute the offender for examination and resolution according to Clause 1, Article 337 of the Criminal Procedure Code 2003;

4. Handling information on complaints in the execution of criminal sentences:

a) Complaints about violations of laws in the execution of criminal sentences by Deputy Heads, public security officers under the Execution of Criminal Sentences Agency at any level shall be transferred to the Head of the Execution of Criminal Sentences Agency at that level for examination and resolution;

b) Complaints about violations of laws in the execution of criminal sentences by Heads of the Execution of Criminal Sentences Agency at any level shall be transferred to the Head of the public security agency at that level for examination and resolution. If the accused is the Head of the Execution of Criminal Sentences Agency of the Ministry of Public Security, it shall be transferred to the Minister of Public Security for examination and resolution;

5. Complaints about public security officers violating other regulations of the Ministry of Public Security within the jurisdiction of the head of the public security agency at any level shall be transferred to the Head of the public security agency at that level for examination and resolution according to the regulations of the Ministry of Public Security;

6. Complaints about violations of laws indicating criminal offenses shall be immediately transferred to the competent investigation agency for examination and resolution according to the Criminal Procedure Code 2003;

Article 7. Handling of Information on Complaints Not Within the Jurisdiction or Responsibility of the People's Public Security

1. Within five working days from the date the public security agency receives the complaint information, if it does not fall within its jurisdiction, it must transfer it to the competent agency or person for examination and resolution as follows:

a) Complaints about violations of laws by civil servants outside the People's Public Security but without signs of criminal offenses or complaints about violations of laws related to state management in various fields not falling under the responsibility of the People's Public Security shall be transferred to the direct head of those civil servants for examination and resolution according to Article 12 of the Law on Complaints or transferred to the competent state management agency according to Clause 1, Article 31 of the Law on Complaints and notify the complainant (if they request);

b) In cases where the complainant directly files a complaint, guide the complainant to file the complaint with the competent authority for examination and resolution.

2. In cases where received complaint information does not fall under the responsibility of the People's Public Security and the complaint has been concurrently sent to the competent agency, organization, or individual for resolution; or the complaint duplicates the content already transferred to the competent agency, organization, or individual or has been guided, the complaint shall be filed;

Chapter III

COMPLAINTS AND RESOLUTION OF COMPLAINTS ABOUT VIOLATIONS OF LAWS BY PUBLIC SECURITY OFFICERS IN THE PERFORMANCE OF

DUTIES AND PUBLIC SERVICE TASKS

Article 8. Authority to Resolve Complaints

The authority to resolve complaints about violations of laws by public security officers in the performance of their duties shall be implemented according to Article 5 of Decree No. 91/2013/NĐ-CP. In cases where the person complained against is a police officer of a commune or town not under the establishment of the Public Security Force, it shall be implemented according to Article 12 of the Law on Complaints.

Article 9. Forms of complaint, procedures, and time limits for resolving complaints

1. The complainant must write a letter clearly stating their name, address, date, month, year, content of the complaint, sign or affix a fingerprint directly. If the complainant comes to the competent authority to make a direct complaint, the person receiving the complaint will guide the complainant to write a letter or record the content of the complaint in writing for the complainant to sign or affix a fingerprint. In cases of reporting acts of corruption through telephone or via electronic information networks, they shall be handled according to the provisions of Clause 3 and Clause 4 of Article 55 of Decree No. 59/2013/NĐ-CP dated June 17, 2013 of the Government detailing some articles of the Law on Prevention and Control of Corruption and the Law on Prevention and Control of Corruption.

2. Procedures, processes, and time limits for resolving complaints shall be carried out according to the provisions of Article 7 of Decree No. 91/2013/NĐ-CP and other regulations of the Ministry of Public Security.

3. The person resolving the complaint has the responsibility to promptly apply measures to protect the complainant, prevent potential damage from occurring, and handle the violator according to the law.

4. Verification, conclusion, and recommendation of measures to handle complaints shall be carried out according to the law on complaints. A decision to handle the complaint shall only be issued when there is a violation by the person complained against, requiring disciplinary action or other measures as prescribed by law. The person resolving the complaint must notify the result of handling the complaint in writing to the complainant (if requested), the person complained against, and the relevant agencies or individuals. The conclusion of the content of the complaint and the decision to handle the reported violation (if any) must be made public according to the provisions of Article 12 of Decree No. 91/2013/NĐ-CP.

5. In cases where the complainant withdraws the complaint, it shall be handled according to the provisions of Article 6 of Circular No. 06/2013/TT-TTCP dated September 30, 2013 on the procedure for resolving complaints of the Government Inspectorate.

Chapter IV

COMPLAINTS AND HANDLING OF COMPLAINTS REGARDING VIOLATIONS OF LAWS ON STATE MANAGEMENT IN THE FIELD OF SECURITY AND ORDER

Article 10. Authority to Resolve Complaints

1. The authority to resolve complaints about violations of laws concerning state management in the field of national security and public order shall be implemented according to Article 31 of the Law on Complaints and Article 9 of Decree No. 91/2013/NĐ-CP.

2. In cases where the person with the authority to handle administrative violations but who is not the head of a level of the Public Security agency receives information about a complaint related to their responsibility, they must conduct inspections, verifications, and take necessary measures to immediately stop the violation; if there is sufficient evidence to handle it, they shall issue a decision on administrative violation handling; if it exceeds their authority, they shall report to the person with the authority to handle it according to the law.

Article 11. Procedures and Processes for Resolving Complaints

Procedures and processes for resolving complaints about violations of laws concerning state management in the field of national security and public order shall be carried out according to the provisions of Article 32 of the Law on Complaints and Articles 10 and 11 of Decree No. 91/2013/NĐ-CP.

Chapter V

HANDLING AND RESOLVING COMPLAINTS INVOLVING MULTIPLE AUTHORITIES AND COMPLAINTS WITH VARIOUS CONTENTS

OF MULTIPLE AUTHORITIES AND COMPLAINTS WITH VARIOUS CONTENTS

Article 12. Reporting on acts related to the management authority of multiple police agencies and units

Reporting on violations of laws by police officers of the People's Public Security Force in performing their duties that relate to the management authority of multiple police agencies and units shall be carried out in accordance with Clause 9 of Article 5 of Decree No. 91/2013/NĐ-CP.

Article 13. Handling reports containing complaints

In cases where a report contains a complaint, the head of the police agency or unit with jurisdiction must separate the content of the report from the content of the complaint for handling; handle the content of the report according to the procedures and formalities for handling reports; handle the content of the complaint according to the procedures and formalities for handling complaints. If the content of the complaint does not fall within the jurisdiction of the agency or unit, it shall be transferred to the head of the agency or unit with jurisdiction for examination and resolution in accordance with the law.

Article 14. Reports with multiple contents and areas under the jurisdiction of different agencies and units

For reports with multiple contents and areas under the jurisdiction of different agencies and units, the content of the report shall be separated according to each area for handling in accordance with the jurisdiction, procedures, and formalities prescribed by the law on reporting in that area.

Chapter VI

RESPONSIBILITIES OF THE AGENCIES AND UNITS IN RECEIVING, HANDLING, RESOLVING AND MANAGING COMPLAINT RESOLUTION WORK

Article 15. Responsibilities of heads of police agencies at all levels

The heads of police agencies at all levels are responsible for directing the work of receiving, classifying, handling, resolving, and managing complaint resolution work within their scope of management.

Article 16. Responsibilities of the Inspection Agency and other functional agencies

1. The Inspection Agencies of the police at all levels are responsible for assisting the heads of the police at the same level:

a) Receiving, classifying, and processing; inspecting, verifying, concluding the verification content, and recommending measures to handle reports within the jurisdiction of the head of the same-level police agency when assigned in accordance with the law on reporting and this Circular;

b) Urging, inspecting, guiding the receipt, processing, resolution, and management of the work of resolving reports within the jurisdiction of the head of subordinate-level police agencies;

c) Reviewing, concluding the resolution of reports on violations of laws by police officers of the People's Public Security Force in performing their duties and other reports resolved by the direct subordinate head of the police agency but showing signs of violation of laws (except reports regarding personnel standards);

2. The General Department of Building Police Forces has the responsibility:

a) Receiving, classifying, and processing information on reports received from various sources; inspecting, verifying, concluding the verification content, and recommending measures to handle reports concerning personnel standards of police officers within the jurisdiction of the General Department Head of the General Department of Building Police Forces and the Minister of Public Security;

b) Cooperating with the Inspectorate of the Ministry of Public Security or the same-level functional agency to verify, conclude the verification content, and recommend measures to handle reports involving both personnel standards of police officers and their professional work within the jurisdiction of the Minister of Public Security;

c) Urging the verification and conclusion of the resolution of complaints related to the standards of police officers within the jurisdiction of the head of the lower-level police.

3. The Personnel Organization Agencies of provincial-level public security have the responsibility:

a) Receiving, classifying, and processing information on reports received from various sources; inspecting, verifying, concluding the verification content, and recommending measures to handle reports concerning personnel standards of police officers within the jurisdiction of the head of the same-level public security agency; notifying the results of handling reports to the same-level Inspectorate for monitoring and management;

b) Cooperating with the Inspectorate or the same-level functional agency to verify, conclude the verification content, and recommend measures to handle reports involving both personnel standards of police officers and their professional work within the jurisdiction of the Provincial Public Security Director;

4. The Office of the Ministry of Public Security, the Office of provincial-level public security have the responsibility:

a) Receiving and transferring complaints from various sources to the same-level Inspection Agency for handling;

b) Receiving and transferring reports reflected in the media to the competent public security head for resolution. The competent public security agency must notify the results of resolving the report to the agency that reflected it, the Inspectorate, and the Personnel Organization Agency at the same level for unified management and service of personnel management;

4. Investigation agencies and criminal enforcement agencies at all levels in the People's Public Security Force have the responsibility to receive and resolve reports within their field, report the results of resolving the reports to the same-level head, and simultaneously notify the same-level Inspectorate to assist the head in following up the results of resolution.

Article 17. Management of complaint resolution work

1. The Minister of Public Security shall implement state management over complaint resolution work within their scope of management as prescribed in Article 41 of the Law on Complaints.

2. Heads of public security agencies at all levels shall be responsible to the heads of their immediate superior agencies for the management of complaint resolution work within their scope of management.

3. The Inspectorate under the Ministry shall assist the Minister in uniformly managing state affairs regarding complaint resolution work for officers and soldiers throughout the People's Public Security force; monitor the results of complaint resolution concerning violations of laws on state administration in the field of security and public order within the scope of management of the Ministry of Public Security; monitor the results of complaint resolution in criminal proceedings and enforcement of criminal penalties throughout the People's Public Security force.

4. Inspectors at all levels of Public Security shall assist the heads of their respective units in uniformly managing complaint resolution work for officers and soldiers of their units and localities; monitor the results of complaint resolution concerning violations of laws on state administration in the fields of security and public order, the results of complaint resolution in criminal proceedings, and in the enforcement of criminal penalties within the authority of the heads of their respective units. Monthly, every six months, and annually, they have the responsibility to assist the heads of their respective units in reporting the results of complaint resolution to the immediate superior head (through the Inspectorate at the same level as the immediate superior head).

5. The General Department for Building the Public Security Force and the Personnel and Cadre Departments of Public Security units and localities shall assist the heads of their respective units in uniformly managing complaint resolution work related to cadre standards within the authority of the heads of their respective units. Monthly, every six months, and annually, the General Department for Building the Public Security Force has the responsibility to report the results of complaint resolution to the Minister and inform the Inspectorate under the Ministry; the Personnel and Cadre Departments of Public Security units and localities have the responsibility to assist the heads of their respective units in reporting the results of complaint resolution to the immediate superior head (through the Inspectorate at the same level as the immediate superior head).

6. The Security Investigation Agencies, Criminal Investigation Agencies, and Enforcement Agencies of criminal penalties at all levels in the Public Security force shall assist the heads of their respective units in uniformly managing complaint resolution work within their respective fields. Monthly, every six months, and annually, the Security Investigation Agency, Criminal Investigation Agency, and Enforcement Management Agency of criminal penalties under the Ministry of Public Security have the responsibility to report the results of complaint resolution to the Minister and inform the Inspectorate under the Ministry; the Security Investigation Agency, Criminal Investigation Agency, and Enforcement Agency of criminal penalties under provincial Public Security, the Criminal Investigation Agency, and the Enforcement Agency of criminal penalties under county-level Public Security have the responsibility to assist the heads of their respective units in reporting the results of complaint resolution to the immediate superior head (through the Inspectorate at the same level as the immediate superior head).

Article 18. Reporting on complaint resolution work

1. Monthly reports on complaints and complaint resolution from subordinate units under the General Department, Command, Provincial Public Security, and equivalent units to the immediate superior head (through the Inspectorate at the same level) on the 15th of each month.

2. Monthly reports on complaints and complaint resolution from the General Department, Command, Office of the Ministry, Provincial Public Security, and equivalent units, and subordinate units under the Ministry to the Minister (through the Inspectorate under the Ministry) on the 20th of each month; semi-annual reports on the 25th of May; annual summary reports on the 25th of November.

3. Ad hoc reports must be submitted promptly as required.

Chapter VII

IMPLEMENTING PROVISIONS

Article 19. Effective Date

This Circular takes effect from April 20, 2014.

Abolish the provisions on complaints and complaint resolution set forth in Circular No. 63/2010/TT-BCA dated December 29, 2010, issued by the Minister of Public Security guiding the management and resolution of complaints and appeals in the Public Security force.

Article 20. Responsibility for Implementation

1. Directors of General Departments, Heads of units directly under the Ministry, Directors of Public Security of provinces and centrally-administered cities, and Directors of Fire Prevention and Fighting Departments are responsible for organizing the implementation of this Circular.

2. The Inspectorate under the Ministry shall be responsible for guiding, inspecting, and urging the implementation of this Circular. Inspectors at all levels of Public Security shall be responsible for guiding, inspecting, and urging the implementation of this Circular within their units and localities.

3. During the implementation of this Circular, if there are any difficulties, Public Security units and localities shall report to the Ministry (through the Inspectorate under the Ministry) for timely guidance./.