Circular No. 117/2021/TT-BCA on the implementation of democracy in inspection work, handling complaints and denunciations, receiving citizens, and preventing and combating corruption by the People's Public Security Force

CIRCULAR

Regulations on implementing democracy in inspection work,
handling complaints and reports, receiving citizens, and preventing and combating corruption
of the People's Public Security

Based on the Inspection Law dated November 15, 2010;

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

Pursuant to the Law on Receiving Citizens dated November 25, 2013;

Pursuant to the Law on Complaints dated June 12, 2018;

Pursuant to the Law on People's Police dated November 20, 2018;

Pursuant to the Law on Prevention and Control of Corruption dated November 20, 2018;

Pursuant to Resolution No. 55/NQ-UBTVQH10 dated August 30, 1998 of the Standing Committee of the National Assembly, Session X, on the issuance of the Code of Conduct for Implementing Democracy in the Activities of State Agencies;

Pursuant to Decree No. 86/2011/NĐ-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law;

Pursuant to Decree No. 41/2014/NĐ-CP dated May 13, 2014 of the Government on the organization and operation of inspections by the People's Public Security; Decree No. 25/2021/NĐ-CP dated May 20, 2021 of the Government amending and supplementing certain articles of Decree No. 41/2014/NĐ-CP dated May 13, 2014 of the Government;

BASED ON DECREE NO. 64/2014/ND-CP DATED JUNE 26, 2014 OF THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE CITIZEN GREETING LAW;

Pursuant to Decree No. 04/2015/NĐ-CP dated January 9, 2015 of the Government on implementing democracy in the activities of administrative state agencies and public service units;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 31/2019/NĐ-CP dated April 10, 2019 of the Government detailing certain provisions and measures for the implementation of the Law on Denunciation;

Pursuant to Decree No. 22/2019/NĐ-CP dated February 25, 2019 of the Government on reporting and handling reports in the People's Public Security;

Pursuant to Decree No. 59/2019/NĐ-CP dated July 1, 2019 of the Government detailing certain provisions and measures for implementing the Law on Anti-Corruption;

BASED ON DECREE NO. 124/2020/ND-CP DATED OCTOBER 19, 2020 OF THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE PETITION LAW;

At the proposal of the Inspector General of the Ministry of Public Security;

The Minister of Public Security promulgates this Circular on implementing democracy in inspection work, handling complaints and reports, receiving citizens, and preventing and combating corruption in the People's Public Security.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the purpose, principles, contents, and responsibilities for implementing democracy in inspection work, handling complaints and reports, receiving citizens, and preventing and combating corruption in the People's Public Security.

Article 2. This Circular applies to units under the Ministry, local public security agencies (hereinafter collectively referred to as public security units and localities); officers and soldiers of the People's Public Security; other agencies, organizations, and individuals with rights and obligations related to inspection work, handling complaints and reports, receiving citizens, and preventing and combating corruption in the People's Public Security.

Article 2. Purpose of implementing democracy in inspection work, handling complaints and reports, receiving citizens, and preventing and combating corruption

Point 1. To promote the people's right to self-governance and the rights of officers and soldiers of the People's Public Security in inspection work, handling complaints and reports, receiving citizens, and preventing and combating corruption.

Point 2. To ensure transparency, enhance the effectiveness of inspection work, handling complaints and reports, receiving citizens, and preventing and combating corruption in the People's Public Security.

Point 3. To prevent corrupt and negative behaviors, and to avoid causing inconvenience to the people by officers and soldiers of the People's Public Security when performing inspection work, handling complaints and reports, receiving citizens, and preventing and combating corruption.

Article 3. Principles of implementing democracy in inspection work, handling complaints and reports, receiving citizens, and preventing and combating corruption

Point 1. To comply with the Constitution and laws; to respect and protect the interests of the State, and the legitimate rights and interests of agencies, organizations, and individuals.

Point 2. To strictly follow the procedures, formalities, and authorities prescribed by law and regulations of the Ministry of Public Security in inspection work, handling complaints and reports, receiving citizens, and preventing and combating corruption.

Point 3. Not to abuse democracy to infringe upon the interests of the State, the legitimate rights and interests of agencies, organizations, and individuals, or to obstruct inspection work, handling complaints and reports, receiving citizens, and preventing and combating corruption in the People's Public Security.

Chapter II

SPECIFIC PROVISIONS

Section 1

IMPLEMENTING DEMOCRACY IN INSPECTION WORK

Article 4. Content to be solicited from the leadership collective of the inspection agency before submitting for approval or decision by the competent authority

1. The annual inspection work plan; amendments and supplements to the annual inspection work plan.

2. Periodic inspection work reports (six months, one year).

3. Interim and final inspection work reports.

4. Solicitation of opinions shall be conducted through meetings of the agency or by sending documents for the leaders of the inspection agency and the agencies performing inspection functions to provide their opinions.

5. The head of the inspection agency is responsible for organizing the implementation of the provisions of Clause 1, 2, 3, and 4 of this Article in accordance with the provisions of the law.

Article 5. Content and form of soliciting opinions from the collective within the Inspection Team

1. Content to be solicited from the collective within the Inspection Team.

a) Draft inspection plan; content of amendments and supplements to the inspection plan.

b) Outline of the content requiring the inspected entity to report; content of requirements for the inspected entity to explain and submit additional reports (if any).

c) Application of measures to handle the inspected entity during the inspection process and revocation of such measures when deemed unnecessary.

d) Draft minutes recording the results of the inspection, draft inspection result report, draft inspection conclusion.

2. Form of soliciting opinions within the Inspection Team.

Solicitation of opinions shall be conducted through meetings of the Inspection Team or by sending documents for members to provide their opinions. The Inspection Team solicits opinions openly and democratically on other issues related to the inspection as decided by the Team Leader.

3. In case of differing opinions among members, the Team Leader decides and bears responsibility under the law and the person issuing the Inspection Decision; in case of differing opinions between a member and the Team Leader, the matter shall be reported to the person issuing the Inspection Decision for a decision.

Article 6. Content and form of notification to the inspected entity

1. Content of notification to the inspected entity.

a) Inspection Decision.

b) Rights and obligations of the inspected entity as prescribed by law.

c) Time, place, and content of working with the inspected entity, relevant agencies, organizations, and individuals related to the inspection.

d) Outline of the requirement for the inspected entity to report; content of requirements for explanation and submission of additional reports (if any).

đ) Measures and decisions on handling directly related to the inspected entity during the inspection process.

e) Documents, items, and assets managed by the inspected entity that are temporarily seized or sealed pending resolution.

g) Completion of direct inspection.

h) Inspection conclusion.

i) Post-inspection handling decision directly related to the inspected entity.

k) Administrative penalty decision directly related to the inspected entity's responsibility in specialized inspection activities.

2. Form of notification to the inspected entity.

Depending on the characteristics, nature, and content to be notified, the inspection agency, the agency performing inspection functions, and the Inspection Team may choose one, several, or all of the following forms of notification:

a) Sending a document to the inspected entity.

b) Notifying the inspected entity during the meeting.

c) Other appropriate forms decided by the Inspection Team Leader in accordance with the law.

Article 7. Rights and responsibilities of the inspected entity

1. The inspected entity has the rights as prescribed by the Inspection Law and guiding documents; it shall be informed of matters related to inspection activities as stipulated by law; it may reflect on the responsibility of the inspection team during the performance of its tasks.

2. To comply with inspection decisions made by competent authorities.

3. To report on contents recorded in the inspection decision according to the required outline, provide explanations, and submit supplementary reports upon request of the inspection team, and bear responsibility for the accuracy and truthfulness of the reported and explained contents.

4. To promptly and accurately provide information and documents related to the inspection content as requested by the inspection team.

5. To comply with decisions made during the inspection process.

6. To strictly implement conclusions, recommendations, and decisions regarding inspections.

Section 2

IMPLEMENTING DEMOCRACY IN THE SETTLEMENT OF COMPLAINTS AND REPORTS

Article 8. Content and form of soliciting collective opinions within the Verification Team and Verification Group

1. Content of soliciting collective opinions within the Verification Team and Verification Group.

a) Draft verification plan; content to amend and supplement the verification plan concerning complaints and reports.

b) Outline of content requiring the person complained against or accused to explain; content to require the person complained against or accused to provide additional explanations (if any).

c) Draft report on verification results, draft conclusion on accusation content, draft decision to resolve complaints.

d) Recommendations for handling the person complained against or accused when it is determined that they have violated; recommendations for handling individuals who abuse complaint and accusation rights to make false complaints or accusations, thereby infringing upon the interests of the State, lawful rights and interests of agencies, organizations, and individuals.

2. Form of soliciting collective opinions within the Verification Team and Verification Group.

Solicitation of opinions is conducted through meetings of the Verification Team and Verification Group or by sending documents for members to provide their opinions. The Verification Team and Verification Group solicit opinions openly and democratically on other issues related to the resolution of complaints and reports as decided by the Team Leader or Group Leader.

3. In cases where there are differing opinions among members, the Team Leader or Group Leader decides and bears legal responsibility before the person issuing the verification decision on complaints and reports; if there are differing opinions between a member and the Team Leader or Group Leader, they shall report to the person issuing the verification decision on complaints and reports for a decision.

Article 9. Content and form of notification to the complainant, accuser, person complained against, and person accused

1. Content of notification to the complainant, accuser, person complained against, and person accused.

a) Acceptance or non-acceptance of complaint and report resolution.

b) Rights and obligations of the complainant, accuser, person complained against, and person accused as prescribed by law.

c) Requests for reporting and explanation; content and schedule for working with the Verification Team and Verification Group.

d) Decision on complaint resolution, conclusion on accusation content.

2. Form of notification to the complainant, accuser, person complained against, and person accused.

Depending on the characteristics, nature, and content to be notified, the agency or unit assigned the verification task, the Verification Team, and Verification Group may choose one, several, or all of the following notification forms:

a) Sending a document to the complainant, accuser, person complained against, and person accused.

b) Notifying during meetings with the complainant, accuser, person complained against, and person accused.

c) Other appropriate forms decided by the Verification Team Leader or Verification Group Leader in accordance with the law.

Article 10. Responsibilities of the Complainant and Accuser

1. The act of complaint and accusation must be carried out in accordance with the provisions of the law on complaints and accusations.

2. Shall bear legal responsibility for the acts of abusing the right to complain and accuse to make false complaints or accusations, or acts that infringe upon the interests of the State, the rights and legitimate interests of agencies, organizations, and individuals; fabricating, slandering, and insulting the reputation, dignity, and credibility of agencies, organizations, and other persons.

3. Present identification documents, provide information and materials related to the content of the complaint or accusation when requested by the competent authority or person, and shall be responsible for the provided information and materials.

4. Fulfill the requirements of the Verification Team or Verification Group during the verification and conclusion process regarding the content of the complaint or accusation as prescribed by law.

Article 11. Rights and Responsibilities of the Person Being Complained Against or Accused

1. The person being complained against or accused has the rights stipulated in the Law on Complaints and the Law on Accusations and guiding documents.

2. Implement decisions on verification and conclusions regarding the content of the complaint or accusation made by the competent authority within the Public Security Force.

3. Be present at the time and place as required by the Verification Team or Verification Group.

4. Report and explain about the content of the complaint or accusation according to the request of the Verification Team or Verification Group and bear legal responsibility for the reported and explained content.

5. Provide timely and complete information and materials related to the content of the complaint or accusation as required by the Verification Team or Verification Group.

6. Implement decisions on resolving complaints and recommendations based on the decision to handle accusations made by the head of the competent authority within the Public Security Force.

Section 3

IMPLEMENTING DEMOCRACY IN PUBLIC CITIZEN SERVICES

Article 12. Content and Forms of Public Disclosure to Citizens

1. Content of Public Disclosure to Citizens

a) Address of the location for public citizen services.

b) Names, ranks, and positions of officers assigned to receive public citizens at the location for public citizen services.

c) Internal regulations, regular reception times, and schedules for receiving public citizens by the heads of agencies, organizations, and units at the location for public citizen services.

2. Forms of Public Disclosure to Citizens

Depending on the characteristics, nature, and content to be disclosed, the Public Security agency shall apply one, several, or all of the following forms of disclosure:

a) Posting on the electronic information website of the Public Security agency.

b) Displaying at the headquarters of the Public Security agency.

Article 13. Responsibilities of Officers Receiving Public Citizens

1. Only receive public citizens who come to complain, accuse, recommend, or reflect issues at the designated location for public citizen services; if receiving public citizens at another location, it must be approved by the competent authority.

2. Explain and guide citizens correctly on state policies, laws, and regulations of the Ministry of Public Security when they come to complain, accuse, recommend, or reflect issues.

3. Receive complaints, accusations, recommendations, and reflections except in cases where public citizens are refused according to the provisions of the law.

4. Adhere strictly to the Regulations of the People's Public Security.

5. Respect and listen carefully to the statements of the complainants, accusers, recommenders, and reflectors.

6. Record in the logbook when receiving complaints, accusations, recommendations, and reflections.

7. Inform the reasons for refusing public citizen services for cases refused according to the provisions of the law.

Article 14. Rights and responsibilities of individuals who come to the place for receiving citizens' complaints, denunciations, suggestions, and reflections

1. Individuals who come to the place for receiving citizens' complaints, denunciations, suggestions, and reflections have rights as prescribed by the Law on Receiving Citizens, the Law on Complaints, the Law on Denunciations, and related legal documents; they are entitled to reflect on the implementation of the citizen reception process, the responsibility of citizen reception officers.

2. Strictly comply with legal regulations on receiving citizens and internal rules of citizen reception.

3. Shall not bring weapons, explosives, toxic substances, flammable materials, or other prohibited items to the citizen reception place.

4. Shall not abuse freedom and democratic rights to make statements or actions that disrupt public order, excessively aggressive behavior that offends citizen reception agencies and officers, or infringe upon the interests of the State, the legitimate rights and interests of agencies, organizations, and individuals.

Section 4

IMPLEMENTING DEMOCRACY IN THE PREVENTION AND COMBATING OF CORRUPTION

Article 15. Contents and forms of transparency in the prevention and combating of corruption

1. The contents of transparency include the following provisions except those involving state secrets.

a) Information about the organization and activities of local police units.

b) Implementation of policies and laws related to the rights and legitimate interests of police officers, soldiers, workers, and contractual laborers in the People's Public Security and citizens.

c) Financial management, asset management, or funding from lawful sources.

d) Organizational and personnel work of local police units.

đ) Implementation of policies and laws whose contents are not covered under points b, c, and d of this clause but must be made transparent according to the law.

e) Units directly handling matters for other agencies, organizations, units, and individuals outside the scope of transparency specified in points b, c, d, and đ of this clause shall also disclose administrative procedures.

g) Regulations on standards, allowances, and the results of implementing such regulations.

h) Reports on anti-corruption work.

2. Forms of disclosure.

Depending on the characteristics, nature, and content to be announced, agencies and units may choose one, several, or all of the following announcement methods:

a) Announcing at unit meetings.

b) Posting at the unit headquarters.

c) Notifying by written document to relevant agencies, organizations, units, and individuals.

d) Publishing printed materials.

đ) Announcing through mass media.

e) Publishing on the unit’s website.

g) Holding press conferences.

h) Providing information according to the requirements of agencies, organizations, units, and individuals as stipulated by law.

Article 16. Responsibilities for implementing democracy in the prevention and combating of corruption

1. Local police units within their duties and powers shall have the following responsibilities.

a) Seriously implement preventive measures against corruption; promptly detect and handle corruption within their authority and report to competent state agencies for further action; implement other legal provisions on preventing and combating corruption.

b) Protect the rights and legitimate interests of individuals reporting, informing, denouncing, whistleblowing, or providing information on corrupt acts.

c) Promptly receive and process reports, informants, denunciations, whistleblowers, and tips regarding corrupt acts.

d) Timely provide information and fulfill requests of authorized agencies, organizations, units, and individuals according to the law during the detection and handling of corruption.

2. Rights and responsibilities of police officers.

a) Police officers have the right to denounce, whistleblow, propose, and reflect on corrupt acts, refuse to perform acts related to corruption as prescribed by law.

b) Police officers when performing tasks and in social relations must strictly adhere to the Code of Conduct for the People's Public Security, the Regulations of the People's Public Security, and legal provisions on preventing and combating corruption to ensure integrity, responsibility, and professional ethics.

c) Police officers shall not engage in extortion in handling matters and shall not commit prohibited acts as stipulated by the Law on Preventing and Combating Corruption.

3. Responsibilities of Heads of local police units.

a) Direct the implementation of the contents prescribed in Clause 1 of this Article.

b) Seriously implement the contents prescribed in Clause 2 of this Article.

c) Set a good example, maintain integrity; strictly comply with legal provisions on preventing and combating corruption.

Article 17. Citizens' rights and obligations in preventing and combating corruption

1. Citizens have the right to detect, report, denounce, inform about acts of corruption of public security officers during their performance of official duties; they are entitled to protection and rewards as prescribed by law; they have the right to make recommendations to public security agencies regarding issues related to improving laws on preventing and combating corruption within the jurisdiction of the public security forces and to supervise the implementation of laws on preventing and combating corruption by the public security forces.

2. Citizens have the obligation to cooperate and assist public security agencies in preventing and combating corruption; they shall be responsible under the law for the truthfulness of information provided about preventing and combating corruption; they shall not abuse reporting, denouncing, informing about corruption to defame other agencies, organizations, units, or individuals.

Chapter III

IMPLEMENTATION

Article 18. Effective Date

This Circular takes effect from January 15, 2022, and replaces Circular No. 24/2009/TT-BCA-V24 dated April 28, 2009, of the Ministry of Public Security on implementing democracy in inspection work of the public security forces.

Article 19. Responsibility for Implementation

1. The heads of public security units and localities shall be responsible for organizing the implementation of this Circular.

2. The Inspectorate of the Ministry of Public Security shall take the lead and coordinate with the Department of Legal Affairs and Administrative Reform and Judicial Affairs to inspect and urge the implementation of this Circular.

3. In case of difficulties during implementation, local public security units shall reflect such difficulties to the Ministry of Public Security (Inspectorate of the Ministry of Public Security, Department of Legal Affairs and Administrative Reform and Judicial Affairs) for guidance./.