Circular No. 12/2015/TT-BCA stipulates the procedure for handling complaints in the People's Public Security, including the acceptance, verification, conclusion of complaint contents; handling complaints and publicizing conclusions. It applies to public security agencies and units at all levels, complainants, accused persons, and related agencies.

CIRCULAR

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Pursuant to the Law on Complaints 2011;

Pursuant to Decree No. 76/2012/NĐ-CP dated October 3, 2012 of the Government detailing the implementation of certain provisions of the Law on Complaints 2011;

Pursuant to Decree No. 91/2013/NĐ-CP dated August 12, 2013 of the Government on complaints and handling complaints within the People's Public Security;

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 promulgates this Circular stipulating the procedure for handling complaints in the People's Public Security.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the procedures for handling complaints and rehandling complaints within the People's Public Security, including the acceptance, verification, and conclusion of complaint contents; the handling of complaints by the complaint handler; and the public announcement of the conclusions of complaint contents and decisions on the handling of violations reported in complaints.

Article 2. Applicability

1. Police agencies and units at all levels, heads of agencies and units with authority to handle complaints, individuals assigned the task of verifying complaint contents within the People's Public Security

2. The complainant; agencies, organizations, units, and individuals being complained against (hereinafter collectively referred to as the respondent); agencies, organizations, units, and individuals related to the complaint content within the jurisdiction of the head of the police agency or unit at all levels.

Article 3. Principles for Handling Complaints

1. Handling complaints must ensure timeliness, accuracy, objectivity, compliance with the authority, procedures, formalities, and deadlines prescribed by law; ensuring safety for the complainant; protecting the interests of the State, collectives, agencies, units, and the lawful rights and interests of individuals.

2. Within their scope of responsibility, the complaint handler, agencies, units, and individuals assigned to verify complaint contents must apply measures within their authority or immediately report to the competent authority to apply protective measures for the complainant when requested, promptly preventing acts of violating the law.

Article 4. Application of Law

1. The handling of complaints through the activities of inspection teams shall be carried out in accordance with the laws on inspections and other relevant regulations.

2. Handling complaints about People's Public Security officers violating moral qualities, conduct rules, standards for People's Public Security officers, and other regulations of the Ministry of Public Security shall be carried out according to this Circular.

3. Forms used in handling complaints as stipulated in this Circular shall be used according to forms prescribed by the Ministry of Public Security.

Article 5. Handling Complaints with Clear Content, Specific Evidence, and Immediate Basis for Handling

1. Handling complaints regarding violations of state management laws in the field of security and order with clear content, specific evidence, and immediate basis for handling shall be implemented in accordance with Article 33 of the Law on Complaints; the procedures and formalities for handling according to this Circular shall not be applied.

2. Announcing the results of handling complaints shall be carried out in accordance with Article 12 of Decree No. 91/2013/NĐ-CP dated August 12, 2013 of the Government on complaints and handling complaints within the People's Public Security.

Article 6. Handling Complaints When the Complainant Withdraws the Complaint

1. In cases where the complainant requests to withdraw the complaint content and it is found that the withdrawal of the complaint is justified, the complaint handler shall issue a decision to terminate the examination and handling of that complaint content. The withdrawal of the complaint in such cases can only be considered before the competent authority issues a decision to accept the handling of the complaint. If it is found that the violation of the law has not yet been discovered and handled, the complaint handler still must examine and handle the complaint in accordance with the law.

2. In cases where there is evidence that the withdrawal of the complaint was due to the complainant being threatened or coerced, the complaint handler must take protective measures to protect the complainant, strictly deal with those who threaten or coerce the complainant, and simultaneously must examine and handle the complaint in accordance with the law.

3. In cases where the complainant requests to withdraw the complaint content to conceal illegal acts, evade responsibility, or for personal gain, the complaint handler still must proceed to examine and handle the complaint; at the same time, must consider and handle the act of withdrawing the complaint by the complainant according to the nature and degree of violation in accordance with the law.

Article 7. Receiving, handling complaints and reprocessing complaints

1. Receiving and handling complaints

Within ten days from the date of receiving the complaint, the head of the superior agency directly responsible shall examine and handle as follows:

a) In cases where the deadline for resolving the complaint has been exceeded but the case has not yet been resolved or there are contents of the complaint that have not been resolved, require the person responsible for resolving the complaint to resolve it, while also requiring a detailed report on the reasons for not resolving the complaint.

b) For complaints that have been resolved in accordance with the law but new circumstances not discovered during the resolution process may change the outcome of the resolution, require the person who resolved the complaint to continue to resolve the complaint according to their authority.

c) In cases where the complaint is received without new circumstances, no signs of violation of the law are found, do not accept for processing, and simultaneously notify in writing the complainant, agencies, organizations, units, and individuals related to the provisions of Clause 4, Article 8 of this Circular.

2. Signs of violation of the law for accepting and reprocessing complaints

When discovering any of the following signs of violation of the law, must accept and reprocess the complaint:

a) Serious violations of the procedures and processes for resolving complaints that may change the outcome of the resolution.

b) Errors in applying the law when concluding the content of the complaint.

c) The conclusion of the content of the complaint does not match the collected evidence.

d) The handling of the agency, organization, unit, individual being complained against, and related organizations and individuals is not appropriate to the nature and severity of the concluded illegal acts.

đ) There is evidence that the person resolving the complaint or the person receiving the complaint, the person verifying the content of the complaint has distorted the case file.

e) There are signs of violation of the law by the agency, organization, unit, individual being complained against but not yet discovered.

3. The acceptance, handling of subsequent complaints, and reprocessing of complaints shall be carried out in accordance with the law on complaints and the procedures stipulated in this Circular.

Chapter II

PROCEDURE AND PROCEDURES FOR HANDLING COMPLAINTS

Article 8. Receiving complaints and checking conditions for accepting complaints

1. After receiving a complaint within their jurisdiction, the person resolving the complaint must organize verification and investigation of the name, address of the complainant, and other contents as prescribed in Point a, Clause 1, Article 20 of the Law on Complaints to decide whether to accept or not accept for resolution.

2. For complaints falling under the cases not accepted for resolution as prescribed in Clause 2, Article 20 of the Law on Complaints, the person resolving the complaint shall notify the complainant in writing about the non-acceptance of the complaint resolution according to the prescribed form.

3. For complaints meeting the conditions for acceptance and resolution, the competent unit or the person who has verified the contents as prescribed in Clause 1 of this Article shall report and propose to the person resolving the complaint to consider and decide on the acceptance of the complaint resolution.

4. For subsequent complaints falling under the cases not reprocessed as prescribed in Point b, Clause 2, Article 27 of the Law on Complaints, the person resolving the complaint shall notify in writing the complainant, agencies, organizations, units, and individuals related to the non-acceptance of the subsequent complaint resolution and request the termination of the complaint.

5. In cases where multiple people file a complaint together, require the appointment of a representative as prescribed in Clause 1, Article 5 of Decree No. 76/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions of the Law on Complaints 2011; the verification of the name, address of the complainant, contact with the complainant, notification of acceptance of the complaint, and notification of the result of the resolution of the complaint shall be conducted with the representative of the complainant.

6. Do not accept for resolution complaints that do not record the name, address, and signature or direct fingerprint of the complainant.

7. In cases where the content of the complaint in the letter does not record the name, address, signature, or direct fingerprint of the complainant but contains specific and clear content with sufficient basis for verification or conclusion, transfer to the inspection agency or another competent agency to conduct a sudden administrative inspection as prescribed in Article 37 of the Inspection Law.

8. When the agency, organization, unit, individual being complained against disagrees with the conclusion of the content of the complaint and provides information, evidence about the resolution of the complaint showing signs of violation of the law, the head of the superior agency directly responsible for concluding the content of the complaint shall transfer to the inspection agency or the competent agency at the same level to review and check again as prescribed in Clause 1, Article 7 of this Circular; if the agency, organization, unit, individual being complained against disagrees but does not provide any new information or evidence, do not accept for resolution. The non-acceptance for resolution shall be notified in writing to the agency, organization, unit, individual being complained against, and related agencies, organizations, units, and individuals.

Article 9. Issuing a decision to accept and handle complaints and verify, conclude on the content of complaints

1. The person handling the complaint must issue a decision to accept and handle the complaint (hereinafter referred to as the acceptance decision). Any changes or additions to the content of the acceptance decision must be made through a decision by the person handling the complaint.

2. In cases where the person handling the complaint directly conducts verification, the acceptance decision must establish a Complaint Verification Team or a Complaint Verification Group (hereinafter collectively referred to as the Verification Group) consisting of at least two people, among whom one person is designated as the Head of the Verification Team or the Head of the Verification Group (hereinafter collectively referred to as the Head of the Verification Group). The acceptance decision and the establishment of the Verification Group must clearly state the name of the agency, organization, unit being complained against; the name, position, title, address of the individual being complained against; the name, position, title of each member of the Verification Group; the content to be verified; the verification deadline; the authority and responsibility of the Verification Group. The acceptance decision and the establishment of the Verification Group shall be carried out according to the prescribed model.

3. In cases where the person handling the complaint assigns tasks to the same-level inspection agency or another functional agency to conduct verification of the complaint content, the acceptance decision must clearly state the agency, organization, unit assigned the verification task; the agency, organization, unit being complained against; the name, address of the individual being complained against; the content to be verified; the verification deadline. The head of the inspection agency or other functional agency assigned to verify the complaint content has the responsibility to establish the Verification Group according to Clause 2 of this Article. The decision to establish the Verification Group shall be carried out according to the prescribed model.

4. The person handling the complaint must notify the complainant in writing about the acceptance of the complaint and the contents of the complaint accepted according to the prescribed model.

Article 10. Establishing a file for handling complaints and a Verification Group logbook

1. Immediately after issuing the decision to accept and handle the complaint, the Head of the Verification Group is responsible for establishing a file for handling the complaint, submitting it to the person handling the complaint or the head of the inspection agency, functional agency assigned to verify the complaint content for signing the decision to establish the file for handling the complaint according to the regulations of the Ministry guiding the file work for inspections, handling appeals and complaints in the People's Public Security.

2. The Head of the Verification Team shall be responsible for establishing the verification team's logbook and recording all activities of the verification team during the process of handling the complaint.

Article 11. Drafting a plan to verify the content of complaints

1. The plan to verify the content of complaints is drafted by the Head of the Verification Group and submitted for approval by the person who issued the decision to establish the Verification Group.

2. The plan to verify the content of the complaint includes:

a) Based on the verification decision of the authorized person to proceed with verification;

b) Purpose and requirements of the verification;

c) Content to be verified: Specifically determine each content of the complaint that needs to be verified; measures and steps to verify each content of the complaint must be detailed and specific, determining what needs to be done first and what later to achieve the best results;

d) Agencies, organizations, units, individuals required to cooperate in collecting, verifying information, documents, evidence; estimate the time to implement each task;

đ) Coordinate verification forces (if necessary);

e) Necessary conditions and means to serve verification;

g) Reporting progress on implementation;

h) Other contents related to handling the complaint.

3. Hold a meeting of the Verification Group to unify and implement the verification plan, assigning members to perform the following tasks:

a) Prepare a plan to collect relevant documents and files;

b) Prepare the content and plan for meetings with the complainant;

c) Prepare the content and plan for meetings with the agency, organization, unit, individual being complained against; prepare written content for the Head of the Verification Group to sign requesting the agency, organization, unit, individual being complained against to provide explanations;

d) Prepare the content for meetings with individuals related to the complaint content;

đ) The Head of the Verification Group assigns tasks to members of the Verification Group;

The meeting of the Verification Group must be recorded in a minutes book to be kept in the file or noted in the Verification Group logbook.

Article 12. Announcing the Decision to Accept for Handling or Verify the Content of the Complaint

1. The Verification Team must organize the announcement of the Decision to Accept for Handling or the Decision to Verify the Content of the Complaint; the participants at the announcement include:

a) Representatives of the inspection agency, functional agency assigned to verify the content of the complaint; the Verification Team for the Content of the Complaint;

b) The leadership collective in cases where the subject of the complaint is an agency, organization, or unit;

c) For the person being complained against who is a Party Committee member or leader of an agency, organization, or unit, the participants include: the Standing Committee or Party Committee, the leadership collective of the agency, organization, or unit of the person being complained against, and representatives of mass organizations (if any);

d) For the person being complained against who is a non-position holding cadre, the participants include: the leadership of the agency, organization, or unit of the person being complained against, representatives of mass organizations (if any), and the person being complained against.

2. Contents of the announcement:

a) The Head of the Verification Team announces the Decision to Accept for Handling or the Decision to Verify the Content of the Complaint;

b) Stating the requirements for providing files, documents, and explanations from the agencies, organizations, units, and individuals being complained against; announcing the schedule for the Verification Team's work.

3. The announcement of the Decision to Accept for Handling or the Decision to Verify the Content of the Complaint must be recorded in a protocol signed by the Head of the Verification Team, representatives of the agency, unit of the person being complained against, and the agency, organization, unit, and individual being complained against. The protocol is made in three copies, one copy is handed over to the agency, organization, unit, and individual being complained against, the representative of the agency, organization, unit being complained against, and kept in the file for handling the complaint.

4. In cases where the person being complained against falls under the management of the local party committee, if necessary, the person handling the complaint or the head of the inspection agency or other functional agency assigned to verify the complaint may request the local party committee to appoint a member of the Party Inspection Committee to participate in the Verification Team.

Article 13. Collecting, Processing Information, Documents, and Evidence Related to the Content of the Complaint

1. Collecting information, documents, and evidence related to the content of the complaint must be based on the approved verification plan and the requirements for handling the complaint. When receiving information, documents, and evidence directly provided by the complainant, the agency, organization, unit, or individual being complained against, or relevant agencies, organizations, units, and individuals, the Verification Team must record the handover in a protocol.

2. Directly collected information, documents, and evidence must clearly indicate their source. When collecting copies, the Verification Team must compare them with the original; if there is no original, it must be noted clearly in the handover protocol. Information, documents, and evidence provided by agencies, organizations, units, or individuals must be confirmed by the providing agency, organization, unit, or individual. In cases where the documents are old, damaged, or incomplete, their condition must be described clearly in the handover protocol.

3. The Verification Team must verify the authenticity of the collected information, documents, and evidence, paying particular attention to the information, documents, and evidence provided by the complainant to report violations and the information, documents, and evidence provided by the agency, organization, unit, or individual being complained against to explain and prove the correctness or incorrectness of the content of the complaint.

4. The Verification Team must evaluate the evidentiary value of the collected information, documents, and evidence based on compliance with legal regulations and principles in handling complaints. Information, documents, and evidence used as evidence to conclude the content of the complaint must have a clear source, ensure objectivity, relevance, and legality.

5. Information, documents, and evidence collected during the handling of the complaint must be strictly managed and used according to regulations; they can only be provided or announced with the permission of the authorized person.

Article 14. Conducting Verification

1. Interviewing the complainant

a) The verification team must directly interview the complainant; request the complainant to provide information, documents, and evidence to clarify the complaint content.

b) In cases where direct interviews with the complainant cannot be conducted due to objective reasons, the person who decides to establish the verification team or the head of the verification team shall issue a written request for the complainant to provide information, documents, and evidence to clarify the complaint content.

2. Interviewing the accused agency, organization, unit, or individual

a) The verification team must interview the accused agency, organization, unit, or individual; request the accused to provide a written explanation regarding the complained matters, and supply relevant information, documents, and evidence related to the complaint content and explanations.

b) If the accused agency, organization, unit, or individual's explanations are not clear; if the provided information, documents, and evidence from the accused are incomplete, the verification team shall request the accused agency, organization, unit, or individual to continue providing explanations and supplying relevant information, documents, and evidence concerning unclear issues.

3. Interviewing related agencies, organizations, units, or individuals

a) The person who decides to establish the verification team or the head of the verification team shall request related agencies, organizations, units, or individuals to provide relevant information, documents, and evidence related to the complaint content. Such requests shall be made in writing.

b) When necessary, the verification team may directly interview related agencies, organizations, units, or individuals to collect relevant information, documents, and evidence related to the complaint content and request written reports and explanations.

4. Principles of interviewing

When conducting interviews with the complainant, the accused agency, organization, unit, or individual, and related agencies, organizations, units, or individuals, the person in charge of the interview must prepare a record, which must be signed by the complainant, the accused agency, organization, unit, or individual, and related agencies, organizations, units, or individuals, and provide a copy to the complainant, the accused agency, organization, unit, or individual, and related agencies, organizations, units, or individuals (if requested).

5. Basis for on-site verification

Article 15. Extending the Time Limit for Handling Complaints

In cases where necessary, the head of the verification team shall report to the complaint handler or the head of the inspection agency or functional agency tasked with verifying the complaint content, who shall decide to extend the time limit for handling the complaint according to Clause 2 of Article 21 of the Law on Complaints. The decision to extend the time limit shall be made in accordance with the prescribed form.

Article 16. Draft report on the results of verifying the content of complaints

1. Before drafting the report on the results of verifying the content of complaints, the Verification Team must convene a meeting to evaluate and compare the information, documents, and evidence collected based on compliance with legal regulations with the contents of the complaint; the draft report on the results of verifying the content of complaints must be reported to the person who decided to establish the Verification Team for further instructions. The draft report on the results of verifying the content of complaints must be discussed and opinions contributed by members of the Verification Team.

2. The report on verification results of complaint content includes the following contents:

a) Content of the complaint and the verification results of the Verification Team;

b) Documents and evidence to prove the correctness or incorrectness of the content of the complaint; the agency, organization, unit, or individual being complained against;

c) Comments and evaluations on the acts of violating the law by the agency, organization, unit, or individual being complained against, the agency, organization, or individual related; material and spiritual losses caused by the violation of the law; the victim; causes and responsibilities of the agency, organization, unit, or individual being complained against, the agency, organization, or individual related. Correct, partially correct, or incorrect content of the complaint.

d) Recommendations to competent authorities to apply measures to handle violations of the law and compel the rectification of consequences caused by the violation.

The report on the results of verifying the content of complaints shall be carried out according to the prescribed model.

3. The Verification Team convenes a meeting to unify the draft report on the results of verifying the content of complaints and reports to the competent authority head to resolve the complaint. In cases where members have different opinions but it does not affect the essence of the conclusion, the Head of the Verification Team decides and takes responsibility. In cases where conflicting opinions affect the conclusion, they must report to seek the opinion of the person who decided to establish the Verification Team or the person resolving the complaint. In complex cases requiring consultation from relevant specialized agencies, higher-level management agencies, or other related agencies, organizations, units, or individuals, the decision is made by the person who decided to establish the Verification Team or the person resolving the complaint.

The content of the Verification Team's meetings must be recorded in minutes; the minutes must fully and specifically record the opinions of each member; reasons and causes for disagreement on any content must be clearly stated along with subsequent resolution directions.

Article 17. Notification of the draft report on the results of verification and completion of the formal report

1. The Verification Team works separately with the complainant, the agency, organization, unit, or individual being complained against to notify them of each content of the complaint and the verification results so that they can express their opinions. If the complainant or the agency, organization, unit, or individual being complained against do not agree, they must provide specific reasons and provide supporting documents and evidence; if the complainant or the agency, organization, unit, or individual being complained against cannot provide new documents, the Verification Team will conclude based on the verified documents and take responsibility for their conclusions; if there are new documents requiring verification, the Head of the Verification Team must report to the person who decided on verification to decide on the verification process to clarify.

The content of working with the complainant, the agency, organization, unit, or individual being complained against must be recorded in minutes; in cases with multiple complaint contents, each content must be listed for them to express their opinions and sign confirmation on each content. In cases where the complainant does not require confidentiality and the opinions of the complainant and the agency, organization, unit, or individual being complained against are contradictory, a confrontation may be organized.

2. After notifying the draft verification results of the complaint content to the complainant, the agency, organization, unit, or individual being complained against, if there are no new contents or circumstances requiring verification, the Head of the Verification Team is responsible for completing the draft report on the results of verification to organize notification.

3. Organizing the notification of the draft report on the results of verification

a) The participants in the notification of the draft verification results are the same as those at the announcement of the decision to accept the case and the decision to establish the Verification Team for the complaint content;

b) The Head of the Verification Team notifies the draft report on the results of verifying the complaint content;

c) Participants in the meeting express their opinions; opinions disagreeing with the draft report on the verification results must specify the content disagreed upon, the reasons for disagreement, and the supporting documents and evidence proving the disagreement;

d) The Head of the Verification Team bases on the collected documents and evidence to respond; opinions disagreeing with the draft report on the verification results, if supported by legitimate documents and evidence, the Verification Team will adopt; opinions without legitimate supporting documents and evidence, the Verification Team will not adopt.

The notification of the draft report on the results of verification must be recorded in minutes; the minutes must clearly state which content is agreed upon, which is not agreed upon, specific reasons, and fully record all opinions, proposals of the participants in the meeting, and the conclusion of the Head of the Verification Team.

4. Completing the report on the results of verification

After organizing the notification of the draft report on the results of verification, the Verification Team must convene a final meeting to unify the content of the draft report on the results of verification before the Head of the Verification Team signs to report to the head of the agency assigned to verify the complaint content or the person resolving the complaint.

Article 18. Conclusion on the Content of the Complaint and Notification of the Conclusion on the Content of the Complaint

1. Based on the results of verifying the content of the complaint, the Head of the Verification Team drafts the conclusion on the content of the complaint for the person resolving the complaint to sign. In cases where the verification of the content of the complaint is assigned to the inspection agency or another competent agency, the Head of the agency tasked with verifying the content of the complaint must report to the authorized person resolving the complaint about the content of the report on the results of verifying the complaint and the draft conclusion on the content of the complaint for the person resolving the complaint to sign.

2. The conclusion of complaint contents must include the following contents:

a) Complaint contents; results of verifying the complaint contents;

b) Documents and evidence to prove the correctness or incorrectness of the content of the complaint;

c) Conclusions on the acts of violating the law by the agencies, organizations, units, and individuals being complained against, and the agencies, organizations, and individuals related to the complaint; damages caused by the violation of the law; the victims; causes and responsibilities of the agencies, organizations, units, and individuals being complained against, and the agencies, organizations, and individuals related to the complaint when the content of the complaint is correct, partially correct, or incorrect;

d) Measures applied by the person resolving the complaint to directly handle violations and compel the rectification of consequences caused by the violation of the law;

đ) Contents directing agencies, organizations, units, and individuals under the management of the person resolving the complaint to apply measures within their authority to handle violations and compel the rectification of consequences caused by the violation of the law;

e) Recommendations to other agencies, organizations, and individuals to apply measures within their authority to handle violations and compel the rectification of consequences caused by the violation;

The document concluding the content of the complaint shall be implemented according to the prescribed model.

3. In cases of re-examining the complaint, in addition to the contents stipulated in Clause 2 of this Article, the person resolving the complaint must conclude on the illegal acts, mistakes, or unsuitable conclusions in the previous resolution of the complaint (if any); handle according to their authority or recommend the competent agencies, organizations, units, and individuals to handle the agencies, organizations, units, and individuals who violated the law during the previous resolution of the complaint.

4. Organizing the notification of the conclusion on the content of the complaint:

a) After having the conclusion on the content of the complaint, the person resolving the complaint or the Head of the agency, organization, or unit entrusted with verifying the complaint organizes a meeting to notify directly or send the conclusion on the content of the complaint to the managing agencies, organizations, units, and the agencies, organizations, units, and individuals being complained against to implement;

b) The participants in the public announcement of the conclusion on the content of the complaint are the same as those participating in the notification of the decision to accept the case and the decision to establish the Verification Team.

Article 19. Handling of Complaints

1. Based on the conclusion on the content of the complaint, the person resolving the complaint handles the complaint as follows:

a) For acts of violating the law, violating regulations on duties, service, and other provisions of the Ministry of Public Security within their authority to handle, the person resolving the complaint proceeds with procedures to impose disciplinary actions, administrative penalties, and apply other measures prescribed by law to handle the violation and compel the rectification of consequences caused by the violation; issue decisions to recover money and property (if any);

b) For acts of violating the law, violating regulations on duties and service, and other provisions of the Ministry of Public Security within the authority of the agencies, organizations, units, and individuals under their management, the person resolving the complaint directs these agencies, organizations, units, and individuals to handle the violation and compel the rectification of consequences caused by the violation;

c) For acts of violating the law that have signs of criminal offenses, there shall be a document transferring the file on the violation to the Investigation Agency for handling in accordance with the law. The file handed over to the Investigation Agency is the file established during the process of resolving the complaint and must be copied for storage in accordance with the regulations. The handover of the file is recorded in a protocol according to the prescribed model;

d) For acts of violating the law not falling under the circumstances specified in points a, b, and c of Clause 1 of this Article, there shall be a document recommending the competent agencies, organizations, units, and individuals to handle the violation, while attaching the file on the violation;

đ) In cases where the complainant intentionally makes false complaints, the person resolving the complaint must apply measures within their authority to handle the complainant or recommend the competent agencies, organizations, units, and individuals to handle according to the law;

2. The documents handling complaints mentioned in point a and b of Clause 1 of this Article must clearly state the time limit for completing the handling contents, the responsibilities of the agencies, organizations, units, and individuals involved in organizing the implementation; the results of the implementation must be reported to the Heads and the superior inspection agency for managing the resolution of complaints;

3. If the recommendation for handling the complaint is not implemented beyond the deadline, the person resolving the complaint, or the Head of the agency entrusted with verifying the content of the complaint, issues a document urging the agencies, organizations, units, and individuals responsible for implementing the handling of the complaint. If the recommendation for handling the complaint is not implemented even after urging, it must be reported to the authorized Head for handling according to the law and the discipline of the sector.

Article 20. Publicizing the conclusion on the content of the complaint, the decision to handle the reported violation, and informing the complainant about the resolution of the complaint

1. The person resolving the complaint shall be responsible for publicizing the conclusion on the content of the complaint and the decision to handle the reported violation in accordance with Article 12 of Decree No. 91/2013/ND-CP dated August 12, 2013 of the Government on complaints and the resolution of complaints in the People's Public Security Force.

2. In cases where the complainant requests it, the person resolving the complaint must inform the complainant about the resolution results. The notification of the resolution results shall be carried out in one of the following two forms:

a) Sending the conclusion on the content of the complaint, the decision, and the complaint handling document to the complainant if such conclusions, decisions, and documents do not contain state secrets or secrets of the Public Security sector.

b) Sending a summary notification document of the resolution of the complaint based on the content of the complaint to the complainant, without including any contents, information, or documents that are state secrets or secrets of the Public Security sector in the notification document.

Article 21. Completion of the Resolution of Complaints

1. After the authorized head agrees and signs the conclusion on the content of the complaint and any decisions to handle the complaint (if applicable), implemented according to Articles 19 and 20 of this Circular, the resolution of the complaint is concluded; the Head of the Verification Team shall be responsible for convening a meeting of the Verification Team to evaluate strengths and weaknesses and draw lessons from the resolution of the complaint.

2. The Head of the Verification Team shall complete the procedures to conclude the file, submit it to the person resolving the complaint or the authorized head of the inspection agency or functional agency assigned to verify the content of the complaint for signing the decision to conclude the file for archiving in accordance with regulations.

Chapter III

IMPLEMENTING PROVISIONS

Article 22. Effectiveness

This Circular takes effect from April 20, 2015.

This Circular replaces the provisions on the resolution of complaints in the Procedure for Handling Appeals and Complaints in the People's Public Security Force issued together with Decision No. 1371/2007/QĐ-BCA(V24) dated November 7, 2007 of the Minister of Public Security.

Article 23. Responsibility for Implementation

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

2. The Inspectorate of the Ministry is responsible for guiding, inspecting, and urging the implementation of this Circular. Inspectors at all levels of Public Security are 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 difficulties, Public Security units and localities shall report to the Ministry (through the Inspectorate of the Ministry) for guidance and supplementation.