Circular No. 129/2020/TT-BCA stipulates the procedures for handling complaints in the People's Public Security Force.

CIRCULAR

Regulations on the procedure for handling complaints in the People's Public Security

Pursuant to the Law on Complaints 2018;

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

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

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

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

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 procedure for handling complaints and rehandling complaint cases in the People's Public Security, including the acceptance, verification, and conclusion of complaint contents; the handling of the conclusions of complaint contents by the complaint handler and the public disclosure of the conclusions of complaint contents and decisions on handling violations reported in complaints.

Article 2. Applicability

1. Public Security agencies and units at all levels; Heads of Public Security agencies and units; agencies, units, individuals assigned the task of verifying complaint contents in the People's Public Security.

2. Complainants; agencies, units, organizations, and individuals being complained against (hereinafter collectively referred to as the respondents); agencies, organizations, units, and individuals related to the complaint contents within the jurisdiction of the Heads of Public Security agencies and units at all levels.

Article 3. 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. The handling of complaints regarding violations of moral qualities, conduct rules, standards for police officers, and other regulations of the Ministry of Public Security by police officers shall be implemented in accordance with this Circular.

3. Forms used in handling complaints as prescribed in this Circular shall be in accordance with the forms prescribed in Circular No. 60/2014/TT-BCA dated November 18, 2014 of the Minister of Public Security on forms used in inspection activities, handling appeals and complaints, and receiving citizens' visits of the People's Public Security (Circular No. 60/2014/TT-BCA) and Circular No. 54/2017/TT-BCA dated November 15, 2017 of the Minister of Public Security amending and supplementing Article 1 of Circular No. 60/2014/TT-BCA (Circular No. 54/2017/TT-BCA).

In case Circular No. 60/2014/TT-BCA and Circular No. 54/2017/TT-BCA are amended, supplemented, or replaced by a new circular of the Minister of Public Security, the forms issued according to the amended, supplemented, or replacing circular shall be used. The Inspectorate of the Ministry of Public Security shall notify the Public Security units and localities of such changes.

Article 4. Handling complaints with clear content, specific evidence, and grounds for immediate action

The handling of complaints about violations of state management laws in the field of security and public order with clear content, specific evidence, and grounds for immediate action shall be carried out in accordance with Article 43 of the Law on Complaints; the procedures and formalities for handling according to the process stipulated in this Circular shall not apply.

Article 5. Continued complaints and rehandling of complaint cases

1. Within twenty days from the date of receipt of continued complaints regarding cases that have already been handled, the head of the superior agency or unit of the person who handled the complaint must review and handle in accordance with Clause 2, Article 37 of the Law on Complaints and the following specific provisions:

a) In case there are omitted complaint contents that were accepted for handling, instruct the person who handled the complaint to continue handling and report clearly the reasons for omitting the complaint contents;

b) In case the complaint was handled in accordance with the law but new circumstances not discovered during the handling of the complaint may change the outcome of the handling, instruct the person who handled the complaint to continue handling within their authority.

2. When there is one of the bases prescribed in Clause 3, Article 37 of the Law on Complaints and Point a, Clause 1, Article 5 of Decree No. 31/2019/NĐ-CP dated April 10, 2019 of the Government detailing certain provisions and measures for implementing the Law on Complaints, the Head of the superior agency or unit shall proceed to rehandle the complaint case. The rehandling of the complaint case shall be carried out in accordance with the procedure stipulated in this Circular.

Article 6. Handling complaints within the jurisdiction of the head of the lower-level public security agency

1. When there is evidence to determine that the handling of complaints by the head of the lower-level public security agency violates the law or shows signs of being unfair in handling complaints as stipulated in Clause 1 and Clause 2, Article 5 of Decree No. 31/2019/NĐ-CP dated April 10, 2019 of the Government detailing certain provisions and measures for implementing the Law on Complaints, then the head of the higher-level public security agency shall issue a document requesting the head of the lower-level public security agency to terminate the handling of the complaint and transfer the case file for complaint resolution.

2. Upon receiving complaints falling under the cases specified in Clause 2, Article 5 of Decree No. 31/2019/NĐ-CP dated April 10, 2019 of the Government detailing certain provisions and measures for implementing the Law on Complaints, the head of the agency or unit with the authority to handle complaints shall report and transfer the complaint case to the head of the higher-level agency or unit for complaint resolution.

3. If deemed necessary, the Minister of Public Security may directly resolve complaints within the jurisdiction of the head of the lower-level public security agency in complex or particularly complex cases causing negative public opinion and seriously affecting the reputation of the Public Security sector.

4. The handling of complaints shall be carried out in accordance with the provisions of the law on complaints and the procedures stipulated in this Circular.

Article 7. Handling anonymous complaints

Upon receiving information on complaints as stipulated in Clause 2, Article 25 of the Law on Complaints, the head of the agency or unit with the authority to handle complaints shall organize the verification of information about the person complained against, the illegal acts complained about, other cases with signs of illegal acts mentioned in the content of the complaint, and related information. If there is specific evidence of illegal acts, the perpetrator, and a basis for investigation, then an urgent inspection or audit shall be conducted to serve management purposes; if there is no specific evidence of illegal acts or no basis for investigation, then it will not be considered or processed.

Article 8. Handling withdrawal of complaints

1. In cases where a decision has not yet been made to accept the complaint and the complainant withdraws part or all of the content of the complaint, the person handling the complaint shall directly or assign the inspection agency or another organization or individual to work with the complainant. If it is determined that the withdrawal of the complaint is from the complainant, the withdrawal is voluntary, and does not fall under any of the cases specified in Clause 3, Article 33 of the Law on Complaints, then the person handling the complaint shall process as follows:

a) In the case where the complainant withdraws part of the content of the complaint, only the content of the complaint that the complainant has not withdrawn shall be accepted for processing;

b) In the case where the entire content of the complaint is withdrawn, the complaint shall not be accepted for processing;

c) In the case where the complainant does not come for a meeting, a notification shall be issued stating that part or all of the content of the complaint will not be accepted for processing and sent to the address of the complainant.

2. In cases where the complainant withdraws the complaint but there is evidence to determine that the complainant intentionally filed a false complaint to defame, insult, or cause damage to the person complained against, the complaint must still be resolved, and the complainant must bear responsibility for their intentional false complaint, and if damage is caused, they must compensate according to the law.

In cases where the complainant withdraws the complaint, and the person handling the complaint determines that the complained act has signs of violating the law or there is evidence to determine that the withdrawal of the complaint was due to threats or bribery, the complaint case must still be resolved. The person handling the complaint shall apply measures within their authority or propose that the competent agencies, organizations, or individuals apply measures to protect the complainant according to regulations; and handle those who threaten or bribe the complainant.

3. In cases where the complainant withdraws the complaint and does not fall under the cases specified in Clause 1 and Clause 2 of this Article, it shall be handled according to Clause 1 and Clause 2 of Article 33 of the Law on Complaints.

Chapter II

PROCEDURE FOR HANDLING COMPLAINTS

Section 1

CHECKING CONDITIONS FOR ACCEPTANCE AND PREPARATION

INVESTIGATING THE CONTENT OF THE COMPLAINT

Article 9. Accepting complaints and examining conditions for accepting complaints

1. When receiving the content of a complaint within their jurisdiction, within seven working days, the person handling the complaint must themselves or assign an agency, unit, or individual with the appropriate function to conduct inspections and verifications regarding the name and address of the complainant; directly interview the complainant and other agencies, organizations, and individuals (if necessary) to determine the conditions for accepting the complaint as stipulated in Article 29 of the Law on Complaints; in cases where inspections and verifications need to be conducted at multiple locations or delegated to authorized agencies or organizations, the inspection period may be extended but not exceeding ten working days. The delegation of inspections and verifications shall be carried out in accordance with Article 19 of this Circular.

2. In cases where the complaint does not meet the conditions for acceptance, the person handling the complaint will not accept it and immediately notify the complainant in writing according to the prescribed form of the reasons for not accepting the complaint; in cases where the inspection and verification of the contents specified in Clause 1 of this Article are assigned to an agency, unit, or individual with the appropriate function, that agency, unit, or individual shall report and propose to the person handling the complaint to sign the notification document.

3. In cases where the complainant cannot be identified or the complainant uses another person's name to file a complaint, or the complaint does not meet the conditions for acceptance due to being transferred by the press agency, authorized organization, or individual, the person handling the complaint shall handle it in accordance with Article 7 of this Circular and Clause 2 of Article 26 of the Law on Complaints.

4. In cases where the complaint meets the conditions for acceptance, the person handling the complaint shall issue a decision to accept the complaint, and the agency, unit, or individual assigned to inspect and verify the contents specified in Clause 1 of this Article shall report, propose, and submit to the person handling the complaint to issue a decision to accept the complaint.

5. In cases where the complained act is ongoing and causing damage or threatening to cause damage to the interests of the State, the rights and legitimate interests of agencies and organizations, the lives, health, property, reputation, personality, and other legitimate rights and interests of individuals, the competent authority handling the complaint must themselves or assign an agency, unit, or individual with the appropriate function to immediately apply necessary measures to promptly stop the violation.

Article 10. Issuing a decision to accept complaints, establishing a Verification Team or Verification Group

1. The person handling the complaint must issue a decision to accept the complaint according to the prescribed form. Any changes or additions to the content of the decision to accept the complaint must be made through a decision by the person handling the complaint.

2. The person handling the complaint shall conduct verification or establish a Verification Team or Verification Group (collectively referred to as the Verification Group), consisting of two or more people, among whom one person is designated as the Head of the Verification Team or Verification Group Leader (collectively referred to as the Verification Group Leader); in cases where the person being complained against falls under the management of a local Party Committee, if necessary, the person handling the complaint or the Head of the Inspection Agency or other agency tasked with verification may request the local Party Committee to appoint a Party Inspection Committee member to join the Verification Group. The decision to establish the Verification Group must clearly state the name and position of the person issuing the decision; the name and position of the Verification Group Leader and members; and the contents to be verified. The decision to establish the Verification Group shall be carried out according to the prescribed form.

3. In cases where the person handling the complaint assigns the task of verifying the content of the complaint to the same-level Inspection Agency or other agency, unit, or individual, there must be a document assigning the verification of the content of the complaint. The document assigning the verification of the content of the complaint shall be carried out in accordance with Clause 2 of Article 31 of the Law on Complaints. The Head of the Inspection Agency or other agency, unit, or individual assigned the task of verifying the content of the complaint shall have the responsibility to establish the Verification Group in accordance with Clause 2 of this Article.

The person handling the complaint or the Head of the Inspection Agency or other agency, unit, or individual assigned the task of verifying the content of the complaint shall not assign the task of serving as the Verification Group Leader or member to those who have spouses; biological or adoptive parents; parents-in-law or parents of spouse; biological or adoptive children, sons-in-law, daughters-in-law; full siblings of themselves or their spouses who are the persons being complained against or have direct interests related to the persons being complained against.

Article 11. Establishing the case file for handling complaints and the verification team's logbook

1. Immediately after issuing the decision to accept the complaint, the Head of the Verification Team shall be responsible for establishing the case file for handling the complaint, and submitting it to the person handling the complaint or the Head of the inspection agency, unit, or individual assigned to verify the complaint content for signing the decision to establish the case file for handling the complaint in accordance with the regulations of the Ministry of Public Security on inspection case files and handling complaints and appeals in the People's Police.

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 12. Establishing the plan to verify the content of the complaint

1. The plan to verify the content of the complaint shall be established by the Head of the Verification Team and submitted to the person who issued the decision to establish the Verification Team or the Head of the unit assigned the task of verification for approval.

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

a) Basis for conducting verification based on the decision to establish the Verification Team by the authorized person;

b) Purpose and requirements of the verification;

c) Content of verification: Specifically identifying each complaint content that needs to be verified; measures and steps to conduct verification of each complaint content must be detailed and specific, and the order of tasks to be carried out must be determined to achieve the best results;

d) Agencies, organizations, units, individuals required to work to collect, verify information, documents, evidence; estimated time for each task;

đ) Coordinating forces for verification (if any);

e) Necessary conditions and means to serve verification;

g) Time for verification; reporting progress;

h) Other contents related to handling the complaint.

3. The Head of the Verification Team shall organize a meeting of the Verification Team to unify and implement the verification plan, assigning members to perform the following tasks:

a) Prepare the plan to collect relevant documents and files mentioned in the verification plan;

b) Prepare the content and plan for working with the complainant; draft a document to submit to the person handling the complaint or the person who issued the decision to establish the verification team or the Head of the Verification Team for signing a request for the complainant to come for work, provide information, documents, evidence related to the complaint content;

c) Prepare the content and plan for working with the accused agency, unit, or individual; draft a document to submit to the person handling the complaint or the person who issued the decision to establish the verification team or the Head of the Verification Team for signing a request for the accused agency, unit, or individual to explain about the complained behavior, provide information and documents related to the complaint content;

d) Prepare the content for working with other agencies, organizations, or individuals related to the complaint content; prepare a document to submit to the person handling the complaint or the person who issued the decision to establish the Verification Team or the Head of the Verification Team for signing a request or proposal for other agencies, organizations, or individuals to provide information, documents, evidence related to the complaint content;

đ) The meeting of the Verification Team must be recorded in a minutes document to be kept in the file or recorded in the Verification Team's logbook.

Article 13. Notifying the acceptance of the complaint

1. Within five working days from the date of issuing the decision to accept the complaint, the person handling the complaint must notify the complainant and the accused about the acceptance of the complaint and the contents of the accepted complaint.

2. Notifying the complainant about the acceptance of the complaint can be done in one of the following two forms:

a) Sending the decision to accept the complaint.

b) Sending a notification document about the acceptance of the complaint according to the prescribed form.

3. Notifying the accused about the acceptance of the complaint can be done in one of the following two forms:

a) Sending a notification of the accused content according to the prescribed form;

b) Announcing the decision to accept the complaint and the decision to establish the Verification Team for the complaint content at the management agency or unit of the accused individual or the accused agency or unit; the announcement shall be conducted in accordance with Article 14 of this Circular.

Article 14. Announcing the Decision to Accept the Complaint and the Decision to Establish the Verification Team for the Content of the Complaint

1. In cases where the notification regarding the acceptance of the complaint for the person being complained against is made according to point b, Clause 3, Article 13 of this Circular, within five working days from the date of issuing the decision to accept the complaint and the decision to establish the verification team for the content of the complaint, the person handling the complaint or the head of the verification team shall host the announcement of the Decision to Accept the Complaint and the Decision to Establish the Verification Team for the Content of the Complaint; the participants in the announcement include:

a) A representative of the inspection agency or other agency assigned to verify the content of the complaint; the verification team for the content of the complaint;

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

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

d) When the person being complained against is a non-positioned cadre, the participants include: a representative of 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 entire content of the Decision to Accept the Complaint and the Decision to Establish the Verification Team for the Content of the Complaint;

b) Requests the person being complained against to explain about the complained behavior and provide relevant files and materials related to the content of the complaint; requests and suggests other agencies, organizations, or individuals related to provide relevant files and materials related to the content of the complaint;

c) Announces the schedule for the verification team's work.

3. The announcement of the Decision to Accept the Complaint and the Decision to Establish the Verification Team for the Content of the Complaint must be recorded in a protocol, signed by the head of the verification team, a representative of the agency or unit managing the person being complained against, and the person being complained against. The protocol is established in three copies, one copy given to the person being complained against, one copy given to a representative of the agency, organization, or unit managing the person being complained against, and one copy retained in the file for resolving the complaint.

Section 2

INVESTIGATING THE CONTENT OF THE COMPLAINT

Article 15. Organizing Work with the Person Complaining to Collect Information, Documents, and Evidence Related to the Content of the Complaint

1. The verification team sends an invitation letter or uses other forms of contact, selects a convenient location to directly work with the person complaining; requests the person complaining to provide information, documents, and evidence that they have to clarify the content of the complaint. The person complaining has the responsibility to truthfully present the content of the complaint, cooperate, and provide information and documents that they possess.

2. During the process of working with the person complaining, confidentiality about the meeting must be ensured, preventing unauthorized persons from knowing the location and content of the meeting (except in cases where the person complaining does not need confidentiality). The content of the meeting with the person complaining must be recorded in a protocol according to the prescribed model, signed by the person complaining and the person hosting the meeting; the protocol is established at least in two copies, one copy given to the person complaining (if requested) and one copy retained in the file for resolving the complaint. If the person complaining does not sign the meeting protocol, the person hosting the meeting and other members of the verification team participating in the meeting will sign the protocol and clearly state the reason why the person complaining did not sign.

3. In cases where direct work cannot be conducted with the person complaining due to objective reasons, the person handling the complaint, the person issuing the decision to establish the verification team, or the head of the verification team shall issue a document requesting the person complaining to provide information, documents, and evidence to clarify the content of the complaint.

Article 16. Working with the accused person to collect information, documents, and evidence related to the complaint content

1. The verification team must directly work with the accused person; request explanations in writing about the complained contents, provide relevant information, documents, and evidence related to the complaint content and the explanation content. The content of working with the accused person must be recorded in a protocol according to the prescribed form, signed by the accused person (or the representative leader of the accused agency or unit), the person in charge of the work, and made into two copies, one copy handed over to the accused person (if requested by the accused person) and one copy kept in the complaint resolution file.

2. In cases where the accused person's explanations are not clear enough; the information, documents, and evidence provided by the accused person are not sufficient, the verification team requests the accused person to continue explaining and providing information, documents, and evidence regarding unclear issues.

Article 17. Requesting other agencies, organizations, units, and individuals to provide information, documents, and evidence related to the complaint content

1. The complaint resolver or the person issuing the decision to establish the verification team or the Head of the Verification Team shall issue a written request for other agencies, organizations, units, and individuals to provide information, documents, and evidence related to the complaint content.

2. In necessary cases, the verification team directly works with other agencies, organizations, units, and individuals to collect information, documents, and evidence related to the complaint content. The content of the work must be recorded in a protocol according to the prescribed form, signed by the representative of the verification team, the representative of the agency, organization, unit, or individual providing information, documents, and evidence, and made into two copies, one copy handed over to the agency, organization, unit, or individual providing information, documents, and evidence (if requested) and one copy kept in the complaint resolution file.

Article 18. Collecting and processing information, documents, and evidence related to the complaint content

1. The collection of information, documents, and evidence related to the complaint content must be based on the approved verification plan and the requirements of the complaint resolution process. When receiving information, documents, and evidence provided directly by the complainant, the accused person, or related agencies, organizations, units, and individuals, the verification team must record the handover protocol.

2. Information, documents, and evidence collected directly 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 clearly noted in the handover protocol. Information, documents, and evidence provided by agencies, organizations, units, and individuals must be confirmed by the agency, organization, unit, or individual that provided them. In cases where the documents are old, damaged, or incomplete, the condition of the documents must be described clearly in the handover protocol. In cases where the documents are in characters or foreign languages, minority ethnic languages, they must be translated into characters or Vietnamese.

3. The verification team must verify the authenticity and evaluate the evidentiary value of the collected information, documents, and evidence based on compliance with legal regulations and principles in handling complaints, focusing on the information, documents, and evidence provided by the complainant to report violations and the information, documents, and evidence provided by the accused person to explain and prove the correctness or incorrectness of the complaint content.

4. Information, documents, and evidence collected during the complaint resolution process must be strictly managed and used in accordance with regulations; only provided or published upon permission from the authorized person. In cases where conditions are not available to immediately collect and process the documents and evidence, the verification team seals the documents and evidence and hands them over to the responsible agency, organization, unit, or individual for temporary storage.

Article 19. Delegation for Verification

1. In cases where necessary, the person handling the complaint or the person issuing the decision to establish the Verification Team may delegate verification to an authorized agency or organization to check and verify information about the complainant, conditions for accepting the complaint, or other aspects of the complaint. The delegation for verification shall be carried out in writing according to the prescribed form; the delegation document must clearly state the content to be verified and the deadline for completion.

2. The agency or organization entrusted with verification must ensure the confidentiality of information about the complainant; fully perform the tasks delegated within the time limit specified in the verification delegation document and bear legal responsibility for the results of the verification delegation; if unable to carry out the verification delegation, they must immediately issue a document detailing the reasons and send it to the person handling the complaint or the head of the delegating agency.

Article 20. Actual Verification

1. Based on the verification plan, circumstances of the case, or instructions from the person issuing the decision to establish the Verification Team, the Verification Team conducts actual verification at necessary locations to collect, examine, and determine the accuracy and legality of relevant information, documents, and evidence related to the complaint content. During the verification process, if deemed necessary, the Verification Team publicly uses technical means such as audio recorders, video cameras, and other technical means to support the verification.

2. Actual verification must be recorded in a protocol detailing the verification results, opinions of those participating in the verification, and other relevant persons. The protocol must have signatures of the verifiers and relevant persons and must be kept in the complaint resolution file.

Article 21. Request for Expert Examination

1. When it is deemed necessary to have an assessment regarding the content related to expertise or technical matters as a basis for concluding on the complaint content and handling the reported violation, the person handling the complaint issues a decision to request an appraisal or delegates the head of the same-level Inspection Agency assigned to verify or the person issuing the decision to establish the Verification Team to issue a decision to request an appraisal.

2. The appraisal request is made in writing, specifying the name of the appraisal agency or organization; information, documents, and evidence to be appraised; the content of the appraisal request; and the deadline for submitting the appraisal conclusion.

Article 22. Extension of Complaint Resolution

In cases where the complaint matter is complex or extremely complex, and the complaint resolution period has expired without completing the resolution, the person handling the complaint decides in writing to extend the complaint resolution period in accordance with Clause 2 and Clause 3 of Article 30 of the Law on Complaints and notifies the complainant, the accused, and relevant agencies, organizations, units, and individuals. The criteria for determining complex or extremely complex cases are implemented in accordance with Clause 2 and Clause 3 of Article 3 of Decree No. 31/2019/NĐ-CP dated April 10, 2019 of the Government detailing certain provisions and organizational measures for implementing the Law on Complaints.

Article 23. Draft Report on Verification Results of Complaint Content

1. Before drafting the report on verification results of complaint content, the Verification Team must convene a meeting to review and evaluate the verification results, compare the collected information, documents, and evidence with the complaint contents based on compliance with legal regulations to determine the correctness or incorrectness of the complaint content, then draft the verification result report according to the prescribed form.

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

a) The complaint content and the verification results of each complaint content;

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

c) Comments and evaluations on whether the verified complaint content is correct, partially correct, or incorrect; violations of the law by the accused, relevant agencies, organizations, and individuals; material and spiritual damages caused by the violation of the law; the victims; causes and responsibilities of the accused; relevant agencies, organizations, and individuals;

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

đ) In cases where the complaint matter is re-examined or resolved according to Clause 5 of Article 38 of the Law on Complaints, in addition to the above contents, the draft report on verification results must clearly state the legal violations, responsibilities, and causes of legal violations in the previous complaint resolution (if any); recommendations for handling agencies, units, and individuals who violated the law during the previous complaint resolution process.

3. The Verification Team convenes a meeting to unify the draft report on verification results of complaint content and reports to the person issuing the decision to establish the Verification Team. If members have differing opinions that do not affect the essence of the conclusion, the head of the Verification Team decides and takes responsibility. If there are differing opinions that affect the conclusion, they must report to seek the opinion of the person issuing the decision to establish the Verification Team or the person handling the complaint. In complex cases requiring consultation with relevant specialized agencies, higher-level management agencies, or other relevant agencies, organizations, units, and individuals, the person issuing the decision to establish the Verification Team or the person handling the complaint decides.

The content of the Verification Team meetings must be recorded in a protocol; the protocol must detail the specific opinions of each member; disagreements must clearly state the reasons, grounds for disagreement, and subsequent resolution directions for those disagreements.

Article 24. Notification of the draft report on verification results and completion of the official report

1. The verification team shall work individually with the complainant and the accused to notify each complaint content and verification result so that they can express their opinions. If the complainant or the accused does not agree, they must clearly state the reasons and provide evidence to prove; if the complainant or the accused cannot provide new documents, the verification team will conclude based on the verified documents and bear responsibility for their conclusion; if there are new documents requiring verification, the head of the verification team must report to the person who decided to establish the verification team to decide on the verification process to clarify.

2. The contents of working with the complainant and the accused must be recorded in a protocol according to the prescribed model; in cases where there are multiple complaint contents, each content must be stated separately for them to express their opinions and sign confirmation on each content. In cases where the complainant does not request confidentiality and the opinions of the complainant and the accused are contradictory, a confrontation may be organized.

3. After notifying the draft report on verification results to the complainant and the accused, the verification team must convene a final meeting to unify the contents of the draft report on verification results before the head of the verification team signs it to report to the head of the agency assigned to verify the complaint or the person handling the complaint.

4. In cases where the complainant supplements new complaint contents, the following measures shall be taken:

a) If there is still time to resolve the complaint, the head of the verification team shall report to the complaint handler to issue a decision to accept the supplementary complaint for further verification and conclusion.

b) If the time limit for resolving the complaint has expired or is insufficient for verification and conclusion but the resolution period can be extended, the head of the verification team shall report to the complaint handler to issue a decision to extend the resolution period according to Article 22 of this Circular and a decision to accept the supplementary complaint for further verification and conclusion.

c) If the time limit for resolving the complaint and the extension period have both expired, the head of the verification team shall report to the complaint handler to conclude the complaint content. New complaint contents will be accepted, verified, and concluded according to the procedures and formalities for resolving new complaints.

Article 25. Suspension and Termination of Complaint Resolution

When there is a basis for temporarily suspending or terminating the resolution of a complaint, the complaint handler shall issue a decision to temporarily suspend or terminate the resolution of the complaint. The grounds for temporarily suspending or terminating the resolution of a complaint; the implementation of temporary suspension, termination, and issuance of a decision to continue resolving the complaint shall be carried out according to Article 34 of the Law on Complaints and Clause 4 of Article 15 of Decree No. 31/2019/NĐ-CP dated April 10, 2019 of the Government detailing certain provisions and organizational measures for implementing the Law on Complaints.

Section 3

CONCLUSION OF COMPLAINT CONTENTS,

HANDLING THE CONCLUSION OF COMPLAINT CONTENTS

Article 26. Conclusion of Complaint Contents, Notification of Conclusion of Complaint Contents

1. Based on the results of verifying the complaint contents, the head of the verification team shall draft a conclusion of the complaint contents for the complaint handler to sign. In cases where another agency, organization, or individual is assigned to verify the complaint contents, the head of the agency assigned the task of verifying the complaint contents must report to the competent authority for resolving the complaint about the results of verifying the complaint contents and the draft conclusion of the complaint contents for the complaint handler 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 complaint content;

c) Conclusions on each complaint content, specifying whether the complaint is correct, partially correct, or incorrect; intentional false complaints (if any); conclusions on the illegal acts of the accused agencies, organizations, units, individuals, and related agencies, organizations, and individuals; damages caused by the illegal acts; victims; causes and responsibilities of the accused agencies, organizations, units, and individuals in the correct or partially correct complaint contents;

d) Measures for handling and compelling the rectification of consequences caused by illegal acts within the authority of the complaint handler;

đ) Directives for agencies, organizations, and individuals under the management of the complaint handler to apply measures within their authority to handle violations and compel the rectification of consequences caused by illegal acts;

e) Recommendations for other agencies, organizations, and individuals to apply measures within their authority to handle violations and compel the rectification of consequences caused by illegal acts; amendments and supplements to policies and laws, and the application of necessary measures to protect the interests of the State, rights, and legitimate interests of agencies, organizations, and individuals.

The document concluding the complaint contents shall be implemented according to the prescribed form.

3. In cases where the complaint case is resolved again or the complaint falls within the authority of the head of a subordinate agency or unit according to Clause 5 of Article 38 of the Law on Complaints, in addition to the contents specified in Clause 2 of this Article, the complaint handler must conclude on the illegal acts, responsibilities, and causes of illegal acts in the previous complaint resolution (if any); handle within their authority or recommend relevant agencies, organizations, units, and individuals with authority to handle against agencies, organizations, units, and individuals who violated the law during the previous complaint resolution process.

4. Within five working days from the date of issuing the conclusion of complaint contents, the complaint handler shall send the conclusion of complaint contents to the accused, the managing agency or unit of the accused, and related agencies and organizations; and notify the conclusion of complaint contents to the complainant.

5. In case the agency, organization, unit, or individual being reported does not agree with the conclusion of the report content, they have the right to request the head of the superior agency or unit that resolved the report. If the agency, organization, unit, or individual being reported provides information, documents, evidence indicating that the resolution of the report has signs of violating the law, then the head of the superior agency or unit that concluded the report content shall assign the inspection agency or competent agency at the same level to examine and review the grounds stipulated in Clause 3, Article 37 of the Law on Reports to reconsider and decide on the handling of the report case; if the agency, organization, unit, or individual being reported disagrees but does not provide new documents or evidence, it will not be reviewed or handled. The decision not to review or handle the matter will be notified in writing to the agency, organization, unit, or individual being reported and related agencies, organizations, units, or individuals.

Article 27. Handling the Conclusion of Report Content by the Report Resolver

1. Within seven working days from the date of issuance of the conclusion of the report content, based on the conclusion of the report content, the report resolver shall handle the report as follows:

a) In case the conclusion is that the person being reported did not violate the law in performing their duties, tasks, other regulations of the Ministry of Public Security, or did not violate the law on state management in the field of security and public order, restore or recommend the competent agency or unit to restore the rights and legitimate interests of the person being reported that were infringed upon due to an unfounded report, while handling according to authority or recommending the competent agency, unit, organization, or individual to handle the person who intentionally made a false report.

b) In case the conclusion is that the person being reported violated the law in performing their duties, tasks, other regulations of the Ministry of Public Security, or violated the law on state management in the field of security and public order within their authority to handle, the report resolver shall proceed with procedures to impose disciplinary action, administrative penalties, and apply other measures as prescribed by law.

c) For acts of law violation specified in points b of Clause 1 of this Article that are outside their authority to handle, issue a written recommendation to the competent agency, organization, unit, or individual to handle the violation, and attach the file on the act of violation.

d) For acts of law violation that show signs of criminal offenses, issue a written transfer of the case file to the competent investigative agency for handling in accordance with the law. The file handed over to the investigative agency must be copied for storage in accordance with regulations. The handover of the file is recorded in a protocol according to the prescribed form.

2. The recommendations for handling reports mentioned in point b and c of Clause 1 of this Article must clearly record the time limit for completing the handling contents, the responsibilities of the agencies, organizations, units, or individuals involved in organizing implementation; within five working days from the date of the handling results, the competent agency, organization, or individual with authority to handle the recommendations mentioned in point b and c of Clause 1 of this Article must notify in writing the report resolver and the superior inspection agency to manage the handling of reports.

3. If the recommendation for handling the report is not implemented beyond the deadline, the report resolver and the head of the agency assigned to verify the report content shall issue a written urging to the agency, organization, unit, or individual assigned to implement the handling of the report. After urging, if the recommendation for handling the report is still not implemented, report to the authorized head for handling in accordance with the law and the Ministry of Public Security.

Section 4

PUBLICIZING THE CONCLUSION OF REPORT CONTENT, DECISION ON HANDLING VIOLATIONS IN THE REPORTED CASE AND COMPLETING THE HANDLING OF THE REPORT

Article 28. Publicizing the conclusion on the content of the complaint and the decision to handle the reported violation

1. Within seven working days from the date of issuing the conclusion on the content of the complaint and the decision to handle the reported violation, the person handling the complaint must publicize the conclusion on the content of the complaint, and the authorized person handling disciplinary action or administrative penalty must publicize the decision to handle the reported violation, except for contents classified as state secrets and information about the complainant.

2. The publicizing of the conclusion on the content of the complaint and the decision to handle the reported violation shall be carried out in accordance with the provisions of Clause 2, Article 6 of Decree No. 31/2019/NĐ-CP dated April 10, 2019 of the Government detailing certain provisions and measures for implementing the Law on Complaints.

Article 29. Completion of the complaint resolution process

1. After completing the publicizing of the conclusion on the content of the complaint as stipulated in Article 28 of this Circular, the complaint resolution process is concluded; the Head of the Verification Team is responsible for organizing a meeting of the Verification Team to evaluate strengths and weaknesses and draw lessons learned from the complaint resolution process.

2. The Head of the Verification Team shall complete the procedures to conclude the file, submit it to the person handling the complaint or the Head of the inspection agency or other organization 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 30. Effective Date

1. This Circular takes effect from January 22, 2021.

2. This Circular replaces Circular No. 12/2015/TT-BCA dated March 2, 2015 of the Minister of Public Security detailing the procedure for handling complaints within the Public Security Force.

Article 31. Responsibility for Implementation

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

2. The Inspectorate of the Ministry of Public Security 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 respective units and localities.

3. In the course of implementing this Circular, if there are any difficulties, Public Security units and localities shall report to the Ministry of Public Security (through the Inspectorate of the Ministry of Public Security) for guidance.