This Circular stipulates the procedure for handling complaints in the People's Public Security, applicable to the Heads of Public Security units and localities and the complainants. The procedure includes acceptance, verification of complaint content, dialogue, issuance of a decision on complaint resolution, and publicizing the results. This Circular takes effect from April 20, 2015.
적용 범위
Heads of Public Security units and localities; complainants, respondents to complaints, agencies, organizations, and individuals related to the resolution of complaints within the jurisdiction of the Heads of Public Security units and localities.
핵심 사항
- Within ten working days from the date of receipt of a complaint within their jurisdiction, the Head of a Public Security unit or locality must accept the complaint and notify the complainant; if it does not accept the complaint, it must clearly inform the complainant of the reasons (Article 5).
- Those authorized to resolve complaints must review administrative decisions, administrative acts, or decisions on policies, discipline being complained about, and verify the content of the complaint if necessary (Articles 6-7).
- Within fifteen working days from the date of the decision on complaint resolution, the authority resolving the second-level complaint must publicize the decision on complaint resolution through one of the forms (Article 21).
- The decision on complaint resolution must be sent to the complainant and relevant agencies, organizations, and individuals within three to seven working days from the date of issuance (Article 20).
- The complaint resolution file must be established according to a specific procedure and strictly managed (Article 22).
🌐 이 문서의 사회적 영향
- Positive impact: Clearly defining the procedure for handling complaints helps citizens and businesses know how to protect their rights; publicizing the decision on complaint resolution contributes to increasing transparency in state management activities.
- Negative impact: It may impose a burden on time and manpower for Public Security agencies when having to handle many complaint cases; the respondent may feel that their rights have been infringed upon.
❓ 자주 묻는 질문
What is the deadline for accepting and resolving complaints?
Within ten working days from the date of receipt of a complaint within their jurisdiction (Article 5).
What must those authorized to resolve complaints do if they do not accept the complaint?
They must clearly inform the complainant of the reasons (Article 5).
To whom is the decision on complaint resolution sent?
Within three to seven working days from the date of issuance, the decision on complaint resolution must be sent to the complainant and relevant agencies, organizations, and individuals (Article 20).
How must the decision on complaint resolution be publicized?
Within fifteen working days from the date of the decision, the authority resolving the second-level complaint must publicize the decision through one of the following methods: announcing at a meeting of the agency or unit where the respondent works; notifying through mass media or posting at the workplace (Article 21).
How is the complaint resolution file established?
The complaint resolution file must be established according to a specific procedure and strictly managed, including the steps: establishing the file, collecting documents, concluding verification, making recommendations, issuing a decision on resolution, and concluding the file (Article 22).
전문
CIRCULAR
Regulations on the procedure for handling complaints in the People's Public SecurityFor 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.
___________________
Based on the Law on Complaints 2011;
Pursuant to Decree No. 75/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions of the Law on Complaints;
Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;
At the proposal of the Inspector General of the Ministry;
The Minister of Public Security issues this Circular prescribing the procedure for handling complaints in the People's Public Security.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular prescribes the procedures for accepting, verifying, and concluding the contents of complaints; issuing, sending, and publicly announcing decisions on handling complaints regarding administrative decisions, administrative acts, disciplinary decisions of agencies, units, and individuals with competent authority within the People's Public Security and complaints about decisions on policies and benefits for officers, non-commissioned officers, soldiers serving with limited terms, students of the Public Security Academy, and public workers of the Public Security (collectively referred to as Public Security officers and soldiers).
Article 2. Applicability
1. Heads of Public Security units and localities have the authority to handle complaints, and persons responsible for verifying the contents of complaints within the People's Public Security.
2. Complainants, respondents to complaints, agencies, units, and individuals related to the handling of complaints within the jurisdiction of the heads of Public Security units and localities.
Article 3. Principles for Handling Complaints
Handling complaints must ensure accuracy, objectivity, transparency, democracy, timeliness, and compliance with the legal provisions and this Circular regarding the scope of authority, procedures, formalities, and deadlines; protecting the interests of the State, collectives, and the legitimate rights and interests of agencies, units, and individuals.
Article 4. Application of Law
1. Handling complaints in criminal proceedings and enforcement of criminal penalties shall be carried out in accordance with the laws on criminal procedure and enforcement of criminal penalties.
2. Handling complaints through the activities of inspection teams shall be carried out in accordance with the laws on inspection and other relevant regulations.
3. Forms used in handling complaints prescribed in this Circular shall be used according to the models prescribed by the Ministry of Public Security.
Chapter II
PROCEDURE AND PROCEDURES FOR HANDLING COMPLAINTS
Article 5. Acceptance of Complaints for Handling
1. Within ten working days from the date of receipt of a complaint within their jurisdiction that does not fall under any of the cases provided for in Article 11 of the Law on Complaints, the head of the Public Security unit or locality with the authority to handle complaints (referred to collectively as the person with the authority to handle complaints) shall accept and process the complaint and notify the acceptance in writing to the complainant and the agency, organization, unit, or individual transferring the complaint (if any). In case of non-acceptance, the reasons must be clearly communicated to the complainant.
2. Where multiple complainants file a complaint on the same matter and appoint a representative to carry out the complaint, the acceptance and notification of acceptance shall be sent to the representative.
Notifications of acceptance and non-acceptance of complaints shall be implemented according to the prescribed model.
Article 6. Rechecking Administrative Decisions, Administrative Acts, Policy Decisions, and Disciplinary Decisions Subject to Complaints
1. After accepting a complaint, for complaints about administrative decisions and administrative acts, the person with the authority to handle complaints at the first level must recheck the administrative decision and administrative act being complained about.
For complaints about policy decisions and disciplinary decisions for Public Security officers and soldiers, the person with the authority to handle complaints must directly recheck or assign a responsible person to recheck the decision being complained about.
2. The content of the recheck includes:
a. Legal basis for issuing administrative decisions, implementing administrative acts, policy decisions, and disciplinary decisions for Public Security officers and soldiers;
b. Authority to issue administrative decisions, implement administrative acts, policy decisions, and disciplinary decisions for Public Security officers and soldiers;
c. Content of administrative decisions, implementation of administrative acts, policy decisions, and disciplinary decisions for Public Security officers and soldiers;
d. Procedures, formalities, format, and technical aspects of administrative decisions, policy decisions, and disciplinary decisions for Public Security officers and soldiers.
3. Based on the results of the recheck, if the complaint about administrative decisions, administrative acts, policy decisions, and disciplinary decisions is correct, the person with the authority to handle complaints at the first level shall immediately issue a decision on handling the complaint without needing to proceed with verification and conclusion according to the prescribed procedure.
Article 7. Decision on assigning tasks to verify the content of complaints, decision to verify the content of complaints
1. If it is necessary to verify the content of the complaint, the person with the authority to handle complaints shall conduct the verification themselves or delegate an agency, unit, or individual under their direct management to verify the content of the complaint (hereinafter referred to collectively as the person responsible for verification).
2. If necessary, the person with the authority to handle complaints or the person responsible for verification may establish a Verification Team or Verification Group (hereinafter referred to collectively as the Verification Group).
The decision to verify the content of the complaint shall be implemented according to the prescribed model.
Article 8. Plan for Verifying the Content of Complaints
1. In the event of establishing a Verification Group, the head of the Verification Group shall be responsible for drafting the verification plan, submitting it for approval by the person issuing the verification decision, and organizing its implementation.
2. The content of the verification plan includes:
a. Legal basis for conducting the verification;
b. Purpose and requirements of the verification;
c. Matters to be verified;
d. Agencies, organizations, units, and individuals required to cooperate in collecting, verifying information, documents, and evidence;
đ. Estimated time for each verification task; specific duties of each member of the Verification Group;
e. Conditions and means to facilitate the verification.
Article 9. Publicizing the Decision to Verify the Content of Complaints
1. Within ten working days from the date of issuance of the decision to verify the content of the complaint, the person with the authority to handle complaints or the person responsible for verification shall notify the decision to verify the content of the complaint to the complainant, the respondent, and the agencies, organizations, units, and individuals concerned.
In cases where necessary, the authority responsible for handling complaints or the person responsible for verifying shall publicize the decision to verify the content of the complaint at the agency or unit of the person being complained against or at the agency or unit where the complaint arose.
The participants in the publicizing session include: the authority responsible for handling complaints or a representative of the agency or unit assigned to verify, the Verification Team, a representative of the agency or unit of the person being complained against, and the person being complained against. Depending on the nature and severity of the complaint's content, additional participants may be added as appropriate.
At the publicizing session, the head of the Verification Team will publicize the full text of the verification decision; outline the requirements for providing files, documents, and explanations from the person being complained against and related agencies, organizations, units, and individuals regarding the complaint's content; and the schedule for the Verification Team's work.
The publicizing of the decision to verify the content of the complaint shall be recorded in a protocol signed by those present.
Article 10. Directly working with the complainant, lawyer, legal aid provider, lawful representative of the complainant; the person being complained against; relevant agencies, organizations, units, and individuals.
1. For the complainant, lawyer, legal aid provider, and lawful representative of the complainant (hereinafter referred to collectively as the lawful representative of the complainant).
The authority responsible for handling complaints or the person responsible for verifying shall directly work with and request the complainant or the lawful representative of the complainant to provide the following information and documents:
a) Personal information: Name, identification card number (or other identification document), residential address, proof of lawful representation.
b) Information and evidence related to the content of the complaint: Basis for the complaint, requests, and proposals of the complainant, and related documents and evidence concerning the content of the complaint.
2. For the person being complained against.
The authority responsible for handling complaints or the Verification Team shall directly work with and request the person being complained against to provide documents and evidence related to the content of the complaint, explain the content of the complaint, and propose opinions on resolving the complaint (if any).
3. For relevant agencies, units, and individuals.
When directly working with relevant agencies, units, and individuals, the authority responsible for handling complaints or the Verification Team must notify the content of the work and request the provision of information, documents, and evidence to serve the verification of the complaint's content.
4. The content of the work with the complainant, the lawful representative of the complainant; the person being complained against; relevant agencies, units, and individuals shall be recorded in a protocol detailing the work conducted and signed by the participants.
5. In cases where direct work cannot be conducted with the complainant or the lawful representative of the complainant; the person being complained against; relevant agencies, units, and individuals, the authority responsible for handling complaints or the person responsible for verifying shall issue a written request for these parties to provide information, documents, and evidence to clarify the content of the complaint.
Article 11. Receiving, verifying information, documents, evidence related to the content of complaints
1. When receiving information, documents, evidence provided by the complainant or their representative, the person being complained against, agencies, organizations, units, individuals related to the complaint, the person resolving the complaint or the responsible person must compare with the original to determine the accuracy of the documents. In cases where there is no original for comparison, the provider or the head of the agency or unit providing the documents must confirm on the documents. The receipt must be recorded in a protocol detailing all types of documents and evidence.
2. When necessary, the authorized person resolving the complaint or the responsible person conducting verification shall conduct verification and comparison between the information reflected in the documents and the actual situation to determine the accuracy, legality, and completeness of the relevant information, documents, and evidence related to the content of the complaint. Verification must be carried out through a protocol.
3. Collected information, documents, evidence, and verified documents must be strictly managed and used in accordance with regulations; they may only be provided or published upon authorization by the competent authority.
Article 12. Requesting Appraisal
When it is deemed necessary to have an evaluation from a specialized agency as a basis for concluding the content of the complaint, the authorized person resolving the complaint or the responsible person conducting verification decides to request an appraisal from an authorized agency or organization. The decision to request an appraisal is implemented according to the prescribed form.
Article 13. Temporarily Suspending the Execution of Administrative Decisions Subjected to Complaints
1. During the process of resolving complaints, if it is found that the execution of the administrative decision subjected to the complaint will cause irreparable consequences, the authorized person resolving the complaint issues a decision temporarily suspending the execution of the administrative decision subjected to the complaint.
2. When there is no longer a reason for the temporary suspension, the authorized person resolving the complaint issues a decision revoking the temporary suspension decision.
The decision to temporarily suspend and the decision to revoke the temporary suspension decision are implemented according to the prescribed form.
Article 14. Suspension of Complaint Resolution
1. In the case where the complainant withdraws the complaint, the authorized person resolving the complaint issues a decision suspending the resolution of the complaint.
2. The decision to suspend the resolution of the complaint is sent to the complainant, the person being complained against, those with rights and obligations related to the matter, and the agencies, organizations, units, and individuals who forwarded the complaint.
The decision to suspend the resolution of the complaint is implemented according to the prescribed form.
Article 15. Organizing Dialogue
1. Cases for dialogue:
a. During the process of resolving complaints regarding initial administrative decisions, administrative acts, and policy decisions, if the complainant's requirements and the results of verifying the content of the complaint differ, the authorized person resolving the complaint or the responsible person verifying the content of the complaint shall organize a dialogue. During the second stage of resolving complaints, the authorized person resolving the complaint or the responsible person verifying the content of the complaint must organize a dialogue.
b. During the first and second stages of resolving complaints regarding disciplinary decisions for police officers, the authorized person resolving the complaint or the responsible person verifying the content of the complaint must organize a dialogue.
2. Procedure for dialogue:
a. Preparing for dialogue:
The authorized person resolving the complaint or the responsible person verifying the content prepares the reviewed and verified files; collected documents and evidence; draft reports on the results of verification; determines the content to be discussed and dialogued; informs the complainant or their legal representative, the person being complained against, and other related agencies, units, and individuals about the time, place, and content of the dialogue.
b. Participants in the dialogue:
The authorized person resolving the complaint or the responsible person verifying the content of the complaint; the complainant or their legal representative; the person being complained against; other related agencies, units, and individuals, and the first-level complaint resolver (if applicable).
c. Conducting the dialogue:
The authorized person resolving the complaint or the responsible person verifying the content of the complaint checks the qualifications of the participants in the dialogue; states the reasons, dialogue rules, and guides the parties on the methods and content of the dialogue; the responsible person verifies the results of verifying the content of the complaint and proposes solutions to resolve the complaint; the complainant or their legal representative, the person being complained against present their opinions on the content of the matter, the results of verification, and the proposed solutions announced by the chairperson of the dialogue; provide additional information, documents, and evidence related to the complaint and their requests and wishes; opinions of representatives of other related agencies, units, and individuals, and the first-level complaint resolver (if applicable); the authorized person resolving the complaint or the responsible person verifying the content concludes the content of the dialogue and the direction of resolution.
3. The dialogue is recorded in a protocol, fully documenting the content and opinions of the participants, the agreed contents, and the contents with differing opinions (if any), and all parties sign. The protocol is prepared in at least three copies, each party retains one copy.
Notifications and protocols regarding the dialogue to resolve complaints are implemented according to the prescribed form.
Article 16. Drafting the report on the verification results and announcing the draft report on the verification results of complaints
1. The person responsible for verification must draft the report on the verification results of complaints. The draft report on the verification results of complaints shall include the contents prescribed in Clause 4, Article 29 of the Law on Complaints. In the report, it must clearly state the information about the complainant, the respondent, the decision being complained about, the complained behavior, the complainant's request, the grounds for complaint; the results of previous complaint resolution (if any); the verification results, conclusion that the complaint content is entirely correct, entirely incorrect, or partially correct; recommendations to maintain, revoke entirely, or amend and supplement partially the decision being complained about; recommendations regarding the issuance of a decision to resolve the complaint.
The draft report on the verification results of complaints by the Verification Team must be discussed and opinions provided by the members of the Verification Team. If there are differing opinions, the head of the Verification Team must conclude and bear responsibility for their conclusion. The discussion must be recorded in a minutes document.
2. Where necessary, the person responsible for verification shall notify the draft report on the verification results of complaints to the complainant, the respondent, and related agencies, units, or individuals. The participants in the notification of the draft report on the verification results shall be the same as those announced at the time of the decision to verify the complaint content.
If the complainant, the respondent, or related agencies, units, or individuals do not agree with the notified draft report on the verification results, they must provide reasons and supply information, documents, and evidence to prove their point. If no other documents can be supplied, the conclusion on the complaint content will be based on the verified information, documents, and evidence.
The notification must be recorded in a minutes document detailing the agreed contents, the contents not yet agreed upon, the reasons, proof documents, and the requests of the complainant and the respondent (if any).
3. After notifying the draft report on the verification results, the person responsible for verification shall conduct supplementary verification or base the completion of the verification report on the collected materials to submit it for review and decision by the competent authority.
The report on the verification results of complaint content shall be carried out according to the prescribed form.
Article 17. Seeking Advisory Opinions
1. For complex cases with many difficulties or different handling perspectives, the competent authority resolving complaints may seek the opinion of specialized agencies or related agencies, organizations, or individuals before issuing a decision to resolve the complaint. Seeking advisory opinions is conducted through exchanging written documents or organizing meetings.
2. During the second-level complaint resolution process, if deemed necessary, the competent authority resolving complaints decides to establish an Advisory Board. The Advisory Board consists of the person responsible for verifying the complaint content and those knowledgeable in the relevant field concerning the complaint content. Depending on the nature and content of the specific case, additional persons may be invited to participate in the Advisory Board for complaint resolution.
At the Advisory Board meeting, the competent authority resolving complaints shall preside over the request for the person responsible for verification to report on the verification results of the complaint content, issues requiring advisory opinions due to differing views; Advisory Board members shall discuss and provide opinions. Participating opinions are recorded in the Advisory Board meeting minutes. The minutes shall be signed by the Chairman and Secretary of the Advisory Board.
The decision to establish the Advisory Board for complaint resolution shall be carried out according to the prescribed form.
Article 18. Issuing a decision to resolve complaints
1. Based on legal provisions, the results of verifying the content of the complaint, the results of dialogue, and consulting opinions (if any), the person responsible for verifying the draft decision to resolve the complaint shall submit it to the competent authority to sign and issue the decision.
a) The decision to resolve complaints regarding administrative decisions, administrative acts, and decisions on policies for the first time shall be implemented according to Article 31 of the Law on Complaints; the decision to resolve complaints for the second time shall be implemented according to Article 40 of the Law on Complaints.
b) The decision to resolve complaints regarding disciplinary decisions against police officers for the first time shall be implemented according to Article 54 of the Law on Complaints; the decision to resolve complaints regarding disciplinary decisions against police officers for the second time shall be implemented according to Article 56 of the Law on Complaints.
2. In cases where necessary, the competent authority to resolve complaints may assign agencies or functional units to re-examine the results of verifying the content of the complaint before issuing the decision to resolve the complaint.
The decision to resolve complaints for the first and second times shall be carried out according to the prescribed model.
Article 19. Reviewing the decision to resolve initial complaints by the Minister
1. In cases where there are still complaints about the initial decision to resolve complaints by the Minister concerning policy regimes, disciplinary decisions over officers under his direct management, the Inspectorate of the Ministry shall take the lead, coordinating with the General Department of Public Security Force Construction to assist the Minister in reviewing and examining again.
2. The review and examination of the decision to resolve complaints shall be conducted as follows:
a) If the decision to resolve complaints complies with the law, report to the Minister to organize the implementation of the decision to resolve complaints and issue a written notice to the complainant regarding the non-review and resolution of the complaint.
b) If the decision to resolve complaints lacks content or is partially incorrect, report to the Minister to issue a decision to amend and supplement the initial decision to resolve complaints.
c) If the decision to resolve complaints is entirely incorrect, report to the Minister to issue a decision to revoke the initial decision to resolve complaints, assigning the Inspectorate of the Ministry to assist the Minister in verifying and concluding the content of the complaint. The verification and conclusion of the content of the complaint shall be carried out according to the procedures and formalities for resolving complaints stipulated in this Circular.
Article 20. Sending the decision to resolve complaints
1. For decisions to resolve complaints regarding administrative decisions and administrative acts:
Within three working days from the date of the decision to resolve complaints, the competent authority to resolve complaints at the first level shall have the responsibility to send the decision to resolve complaints to the complainant, the immediate superior head of the person with the authority to resolve complaints, persons with rights and obligations related to the matter, organizations, individuals who transferred the complaint, and the inspection agency at the same level.
Within seven working days from the date of issuance of the decision to resolve complaints, the competent authority to resolve complaints at the second level must send the decision to resolve complaints to the complainant, the person who resolved the complaint at the first level, persons with rights and obligations related to the matter, and the competent authorities that transferred the complaint.
2. For the initial decision to resolve complaints regarding disciplinary decisions and decisions on policy regimes for police officers, the decision to resolve complaints must be sent to the complainant and relevant agencies or units; for the second-level decision to resolve complaints regarding disciplinary decisions and decisions on policy regimes, the decision must be sent to the complainant, the person who resolved the complaint at the first level, and persons with rights and obligations within seven working days from the date of issuance of the decision to resolve complaints.
Article 21. Publicizing the decision on handling complaints
Within fifteen (15) days from the date of issuance of the decision on handling complaints, the authority responsible for handling second-level complaints shall be responsible for publicizing the decision on handling complaints through one of the following methods:
a) Announcing at a meeting of the agency or unit where the person being complained against works, with the participation of the same members as when announcing the verification decision as stipulated in Clause 2, Article 9 of this Circular;
b) Notifying the decision on handling complaints through one of the mass media such as television, newspapers, or online news. In cases where the authority responsible for handling complaints has an electronic portal or website, it must publicize the decision on the electronic portal or website;
c) Posting the decision at the office premises or the place where citizens are received by the agency or unit that resolved the complaint.
Article 22. Establishing and managing the file for handling complaints
After accepting the complaint, the authority responsible for handling complaints or the person responsible for verification shall be responsible for establishing the file for handling complaints. The establishment and management of the file shall be carried out according to the guidelines of the Ministry of Public Security regarding the work of files for inspection and handling complaints and denunciations within the People's Public Security. The file for handling complaints shall be established in the following sequence:
a) Establishing the file for handling complaints: Upon receipt of the notification of acceptance for handling complaints;
b) Collected materials: Information, documents, and evidence related to the content of the complaint collected during the verification process; results of verification, conclusions, recommendations, and decisions on handling complaints;
c) Completing the file for handling complaints: After completing the sending and publicizing of the decision on handling complaints.
Chapter III
IMPLEMENTING PROVISIONS
Article 23. Effectiveness of Implementation
This Circular takes effect from April 20, 2015.
This Circular replaces the provisions on handling complaints in the Procedure for Handling Complaints and Denunciations in the People's Public Security issued together with Decision No. 1371/2007/QĐ-BCA dated November 7, 2007, of the Minister of Public Security.
Article 24. Implementation
1. The Director of the General Department, the Heads of units under the Ministry, the Directors of Public Security, and the Directors of Fire Prevention and Fighting Services of provinces and centrally-administered cities shall be responsible for organizing the implementation of this Circular.
2. The Inspectorate of the Ministry shall be responsible for guiding, inspecting, and urging the implementation of this Circular.
3. During the implementation period, if there are difficulties or obstacles, the Public Security units and localities shall report to the Ministry (through the Inspectorate of the Ministry) for guidance or timely amendments and supplements./.
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