Decision No. 1371/2007/QĐ-BCA(V24) Issuing the Procedure for Handling Complaints and Reports in the People's Public Security Force

 

Pursuant to …;

Issuing the procedure for handling complaints and reports in the People's Public Security Force

THE MINISTER OF PUBLIC SECURITY

Pursuant to the Law on Complaints and Reports dated December 2, 1998; the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Reports dated June 15, 2004 and the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Reports dated November 29, 2005;
Pursuant to the Inspection Law dated June 15, 2004;
Pursuant to Decree No. 136/2003/NĐ-CP dated November 14, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;
Pursuant to Decree No. 136/2006/NĐ-CP dated November 14, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Complaints and Reports and laws amending and supplementing certain provisions of the Law on Complaints and Reports;
Pursuant to Circular No. 08/2007/TT-BCA(V24) dated July 24, 2007 of the Minister of Public Security guiding the handling of complaints and reports in the People's Public Security Force;
At the proposal of the Inspector General and the Director of the Legal Department of the Ministry of Public Security,

DECISION:

Article 1. This Decision promulgates the "Procedure for Handling Complaints and Reports in the People's Public Security Force."

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette and replaces Decision No. 795/2003/QĐ-BCA(V24) dated October 22, 2003 of the Minister of Public Security on issuing the Procedure for Handling Complaints and Reports in the Public Security Force.

Article 3. The Comrades General Chiefs, Commanders of Security Guards, Heads of units directly under the Minister, Directors of Public Security Departments of provinces and centrally governed cities, and Directors of Fire Prevention and Fighting Departments of Ho Chi Minh City are responsible for implementing this Decision./.

 

                                                                                                                       MINISTER




                                                                                                                       General Le Hong Anh

PROCEDURE

Handling complaints and reports 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)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This procedure specifies the procedures and formalities for handling complaints and reports in the People's Public Security Force.

Complaints include: complaints about administrative decisions, administrative acts, and disciplinary decisions within the People's Public Security Force.

Reports include: reports of violations of the law, violations of regulations of the People's Public Security Force, and actions of agencies, organizations, and officers and soldiers within the People's Public Security Force.

The handling of complaints and reports in criminal proceedings does not fall within the scope of regulation of this procedure.

Article 2. Implementation Principles

When heads of public security at all levels handle complaints and reports within their jurisdiction, inspection teams and complaint and report verification groups must ensure objectivity, honesty, transparency, democracy, accuracy, timeliness, and compliance with the provisions of the law, the Inspection Team Operation Regulations, and the provisions of this procedure.

Chapter II

PROCEDURE AND PROCEDURES FOR HANDLING COMPLAINTS

Article 3. Acceptance and Handling of Complaints

The head of public security agencies at all levels, upon accepting complaints that meet the conditions stipulated in Article 2 of Decree No. 136/2006/NĐ-CP dated November 14, 2006, of the Government detailing and guiding the implementation of the Law on Complaints and Petitions and laws amending and supplementing certain articles of the Law on Complaints and Petitions, and which fall within their jurisdiction, shall base on the content of the complaint to assign the Inspection Agency or competent agency to verify, conclude, and propose the handling of the complaint.

Article 4. Notification of Complaint Resolution

The head with authority to resolve complaints or the head of the agency assigned to verify and conclude the content of the complaint must notify in writing according to Form No. 04 of the System of Forms Used in Inspection Activities and Complaint and Petition Resolution of the Public Security Force issued pursuant to Decision No. 677/2007/QĐ-BCA-V24 dated June 19, 2007, of the Minister of Public Security (hereinafter referred to as Form No. ... - System of Inspection Forms) for the complainant to be informed that their complaint has been accepted for resolution. This notification is drafted by the Head of the Inspection Team or the Head of the Verification Group, submitted for approval and signature by the head with authority or the head of the Inspection Agency or competent agency if authorized, and sent to the complainant within ten days from the date of receipt of the complaint within their jurisdiction.

Article 5. Issuance of Inspection Decision or Decision on Verification and Conclusion of Complaint Content

The head with authority shall base on the content, nature, and scope related to the resolution of each complaint case to issue an inspection decision or a decision on verification and conclusion of the complaint content and establish an Inspection Team or a Verification Group for Complaints.

Based on the content of the complaint and the opinion of the head with authority, the officer assigned to handle the matter must draft the inspection decision according to Form No. 10 or the decision on verification and conclusion of the complaint content according to Form No. 07 of the System of Inspection Forms, submit it for review and signature by the head with authority or the head of the Inspection Agency or competent agency authorized to approve.

Article 6. Establishment of Verification Plan

The Head of the Inspection Team or the Head of the Verification Group is responsible for organizing the establishment of the verification plan. The verification plan must clearly, fully, and specifically define the purpose, requirements, content, and scope to be verified; measures and specific steps to conduct the verification and organize its implementation.

The Inspection Team or Verification Group convenes to discuss and unify the verification plan. The Head of the Inspection Team or the Head of the Verification Group signs the verification plan and reports it to the head with authority or the head of the Inspection Agency or competent agency authorized to approve. Minutes of meetings of the Inspection Team or Verification Group must be recorded according to Form No. 21 of the System of Inspection Forms.

Article 7. Establishment of Complaint Resolution File and Inspection Team Logbook

Immediately after issuing the inspection decision or the decision on verification and conclusion of the complaint content, the Head of the Inspection Team or the Head of the Verification Group is responsible for establishing the complaint resolution file. The head with authority or the head of the Inspection Agency or competent agency assigned to verify and conclude the complaint content signs the decision to establish the complaint resolution file in accordance with the guidance provided in Circular No. 20/2004/TT-BCA dated November 23, 2004, of the Minister of Public Security on guiding the work of business files of the Public Security Force (hereinafter referred to as Circular No. 20/2004/TT-BCA).

The Head of the Inspection Team or the Head of the Verification Group is responsible for establishing the Inspection Team logbook, recording in detail the activities of the Inspection Team or Verification Group during the complaint resolution process in accordance with the Regulation on Inspection Team Operations (issued pursuant to Decision No. 2151/2006/QĐ-TTCP dated November 10, 2006, of the General Inspector).

Article 8. Announcing the inspection decision or the decision on verifying and concluding the content of complaints

The inspection team or verification group must conduct the announcement of the inspection decision or the decision on verifying and concluding the content of complaints.

1. Participants at the meeting: The direct head and the person who made the administrative decision or administrative act being complained about. Additionally, depending on the content, nature, and level of the complaint, appropriate participants may be added such as those related to the content of the complaint and those who previously participated in resolving the complaint (if any).

2. Main content of the meeting:

a) Announce the inspection decision or the decision on verifying and concluding the content of complaints and the members of the inspection team or verification group;

b) Request the person being complained against and those related to the content of the complaint to write a report explaining and provide relevant documents and files according to Form No. 06 of the Inspection System.

The announcement of the inspection decision or the decision on verifying and concluding the content of complaints must be recorded in a minutes document according to Form No. 22 of the Inspection System.

Article 9. Collecting Files and Documents

Based on the content of the complaint, the inspection team or verification group shall proceed to collect the following files and documents:

1. National and Ministry of Public Security documents relating to the field and content of the complaint;

2. Letters, documents related to the content of the complaint that have been received and previous complaint resolution files of competent agencies (if any).

Article 10. Conducting Verification

1. Meeting with the complainant or their legal representative to re-examine the content and demands of the complaint and the direction for resolving the complaint, while requesting the provision of relevant documents concerning the content of the complaint.

2. Meeting with the person being complained against and those related to clarify administrative decisions, administrative acts, disciplinary decisions being complained about; simultaneously collecting relevant documents and texts concerning the content of the complaint.

3. Before meeting with the complainant or their legal representative, the person being complained against, and those related, it is necessary to carefully study their characteristics, personality traits, psychological state, and prepare specific content for the meeting to ensure appropriate methods and proactive actions during the process; all meetings must be recorded in minutes according to Form No. 24 of the Inspection System.

4. Studying files and documents, reports of explanations (paying attention to the contents needing verification and clarification).

5. Based on the approved verification plan, the inspection team or verification group will proceed to verify the content of the complaint. During the verification process, attention should be paid to:

a) Thoroughly verifying and clarifying the content of the complaint; paying attention to collecting information and documents proving the correctness as well as those proving the incorrectness of the content of the complaint to reach an objective conclusion about the content of the complaint;

b) During the verification and conclusion of the content of the complaint, the inspection team or verification group may use technical means to support public audio recording, video recording, and photography to ensure accuracy and objectivity in handling complaints;

c) When implementing the verification plan, if new circumstances or content related to the content of the complaint need to be clarified, the Head of the inspection team or the Head of the verification group must report and seek approval from the authorized head before proceeding with verification (except in cases where delay could result in the destruction of evidence or difficulties in future inspections and document collection, but strict minutes must be kept, the decision-maker must bear responsibility, and a report must be made immediately);

d) When seizing documents, the provider or the head of the managing unit must sign to confirm and record in two copies (one copy each for the giver and receiver); details must be thorough and complete; if photocopies are involved, the original must be checked to confirm the accuracy of the document. For physical evidence, when seized, its integrity must be ensured; if immediate quantity and quality cannot be determined, it must be sealed according to regulations.

6. During the complaint resolution process, the complaint resolver must organize dialogue as stipulated in Article 9 of Decree No. 136/2006/NĐ-CP dated November 14, 2006, of the Government. During the organization of dialogue, attention should be paid to:

a) During the first complaint resolution, the complaint resolver must directly meet and dialogue with the complainant, the person being complained against, and those with rights and interests related to the complaint to clarify the content of the complaint, the demands of the complainant, and the direction for resolving the complaint; the meeting and dialogue must be conducted openly and democratically; if necessary, representatives of political-social organizations can be invited to attend.

For second-level complaint resolution, direct meetings and dialogues should only be conducted when necessary. In complex cases, the second-level complaint resolver must directly meet and dialogue with the complainant, the person being complained against, and those with rights and interests related to the complaint. The meeting and dialogue should be conducted as in the first instance;

b) Prior to organizing a dialogue between the complainant, the person being complained against, and those related, a prior notice must be given according to Form No. 05 of the Inspection System;

c) During the meeting and dialogue, the complaint resolver must clearly state the content to be discussed, the results of verifying the complaint case (for cases requiring multiple dialogues); participants in the dialogue have the right to express opinions, present evidence related to the complaint case, and make requests. The complaint resolver needs to maintain a calm and appropriate attitude; pay attention to identifying contradictions in their statements to continue clarifying the truth;

d) For complex cases that have already undergone dialogue and still have contradictory circumstances or events, further verification must be conducted to determine the essence of the matter;

e) All dialogues must be recorded in minutes according to Form No. 23 of the Inspection System.

7. Summarize all verification results, based on collected documents, compare with the complaint content; if sufficient grounds for conclusion are found, terminate the verification process.

Article 11. Draft report on inspection results or verification results, conclusions on complaint contents

1. The Head of the Inspection Team or the Head of the Verification Group must draft the inspection result report according to Model No. 30 of the Inspection System or the verification result and complaint content conclusion according to Model No. 29 of the Inspection System. The draft must describe the events leading to the complaint (in cases of subsequent complaint resolution, the previous complaint resolution process by competent authorities must be described); each complaint content must conclude whether it is correct or incorrect and propose a solution for the complaint.

2. The draft report on inspection results or verification results, conclusions on complaint contents must be discussed and agreed upon within the Inspection Team or the Verification Group and reported to the Head of the competent authority.

In case of disagreement, the Inspection Team or the Verification Group must continue discussions to reach agreement or conduct further verification on the disputed contents; if still unable to reach agreement, follow the decision of the Head of the Inspection Team or the Head of the Verification Group; dissenting opinions shall be retained for reporting to the Head of the competent authority or the Inspection Agency, functional agency if authorized to decide. The discussion of the draft must be recorded in minutes as prescribed.

Article 12. Notification of the draft report on inspection results or verification results, conclusions on complaint contents and completion of the formal report

1. The Inspection Team or the Verification Group must meet with the complainant to notify the draft report on inspection results or verification results, conclusions on complaint contents. If the complainant disagrees with the notified results, they must provide reasons and supporting documents.

a) If the complainant provides new documents that change the conclusion, verification must be organized to determine the true nature of the matter.

b) If the complainant cannot provide additional documents, the Inspection Team or the Verification Group will base their conclusion on the verified documents.

The meeting must be recorded in minutes as prescribed.

2. Notify the draft report on inspection results or verification results, conclusions on complaint contents to the entity or individual being complained against, with the same participants as when announcing the inspection decision or the decision on verification and conclusion of complaint contents.

The meeting minutes must clearly record the contents agreed upon in the conclusion; contents not agreed upon, reasons, and specific documents; suggestions from the party being complained against.

3. After notifying the draft report on inspection results or verification results, conclusions on complaint contents to the complainant and the party being complained against, based on the results of the work process and verified documents, the Head of the Inspection Team or the Head of the Verification Group signs the report on inspection results or verification results and submits it to the Head of the competent authority.

Article 13. Inspection Conclusion, Decision on Complaint Resolution, Implementation of the Decision

1. The Head of the Inspection Team or the Head of the Verification Group, based on the report on inspection results or verification results, conclusions on complaint contents, and the draft inspection conclusion according to Model No. 31 of the Inspection System, and the decision on complaint resolution according to Model No. 08 or Model No. 09 of the Inspection System, submit them to the Head of the competent authority for signature.

2. After issuing the inspection conclusion and decision on complaint resolution, the Head of the agency assigned to verify and conclude complaint contents must organize the announcement of the inspection conclusion and decision on complaint resolution (with the same participants as the announcement of the decision, inspection, or decision on verification and conclusion of complaint contents). The organization of the announcement of the inspection conclusion and decision on complaint resolution must be recorded in minutes according to Model No. 32 of the Inspection System.

3. The Head of the competent authority responsible for resolving complaints or the Head of the Inspection Agency, functional agency authorized must publicly announce the decision on complaint resolution as stipulated in Article 17 and Article 18 of Decree No. 136/2006/NĐ-CP dated November 14, 2006 of the Government; the decision on complaint resolution must be sent to the complainant; the entity or individual being complained against; those with rights and interests related and the Inspection Organization at the same level as the immediate superior Head; no circulars, notifications, or other forms of documents can replace the decision on complaint resolution because this decision serves as the basis for subsequent complaints or lawsuits to the Court for resolution as prescribed.

4. The Head of the Inspection Team or the Head of the Verification Group is responsible for convening the Inspection Team or the Verification Group to exchange experiences and draw lessons from the activities of the Inspection Team or the Verification Group; evaluate strengths and weaknesses and draw lessons from complaint resolution.

5. Implementation of the decision on complaint resolution.

a) Within the time limit specified in the decision on complaint resolution, the Head of the agency assigned to verify and conclude complaint contents must urge and inspect the implementation of the decision on complaint resolution;

b) If the decision on complaint resolution has not been implemented beyond the specified time limit, the Head of the agency assigned to verify and conclude complaint contents must issue a urging letter and report to the Head of the competent authority for guidance;

c) If the decision on complaint resolution remains unimplemented, the Head of the agency assigned to verify and conclude complaint contents must report to the Head of the competent authority responsible for complaint resolution to issue a decision to handle the entity or individual who fails to implement the decision on complaint resolution in accordance with the law and the discipline of the sector.

Article 14. Termination of Complaint Resolution

After the decision on complaint resolution is implemented, the complaint resolution process ends. The Head of the Inspection Team or the Leader of the Verification Group must complete the file according to Circular No. 20/2004/TT-BCA. The Inspection Team's logbook is kept with the complaint file and submitted for retention as prescribed.

Chapter III

PROCEDURE AND PROCEDURES FOR HANDLING COMPLAINTS

Article 15. Acceptance and Handling of Accusation Reports

The Heads of Public Security at all levels, upon receiving accusation reports, shall handle them based on the provisions of Article 65 of the Law on Complaints and Accusations (amended and supplemented in 2004 and 2005). If within their jurisdiction, they shall assign the relevant agency or functional body to verify and conclude the content of the accusation, and propose measures to address the accusation.

Article 16. Notification of Accusation Resolution

The authorized head responsible for resolving accusations or the head of the assigned verification and conclusion body must notify in writing according to Form No. 04 of the Inspection System to the agency or individual responsible for transferring the report and the accuser (if the accuser requests), about the acceptance and handling of the accusation.

Article 17. Issuing Inspection Decisions or Decisions on Verification and Conclusion of Accusation Content

Based on the content, nature, and scope related to each accusation case, the authorized head shall issue inspection decisions or decisions on verification and conclusion of accusation content, and establish an Inspection Team or an Accusation Verification Group.

Based on the accusation content and the opinion of the authorized head, the officer responsible for handling must draft the inspection decision or decision on verification and conclusion of accusation content according to Form No. 10 or Form No. 07 of the Inspection System, to be reviewed and signed by the authorized head or the head of the Inspection Agency or the authorized functional body.

Article 18. Establishing a Verification Plan

1. The Head of the Inspection Team or the Leader of the Verification Group is responsible for organizing the establishment of the verification plan. The verification plan must be discussed and agreed upon within the Inspection Team or the Verification Group. The Head of the Inspection Team or the Leader of the Verification Group signs the verification plan, submits it to the authorized head or the head of the Inspection Agency or the authorized functional body for approval. The content of the plan must clearly define the purpose, requirements, and content; methods and steps; implementation organization; particularly noting:

a) Clearly defining each accusation content that needs to be verified;

b) Methods and steps for verifying each accusation content must be detailed, specifying which tasks to perform first and which later;

c) Coordination of verification forces.

2. Holding a meeting of the Inspection Team or the Verification Group to unify the implementation of the verification plan.

Assigning team members to carry out 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) Preparing written content requesting the accused to explain according to Form No. 06 of the Inspection System for the Head of the Inspection Team or the Leader of the Verification Group to sign.

d) Preparing content for meetings with related parties (if applicable);

e) Assigning responsibilities to officers for tracking and summarizing, and responsibilities for recording minutes.

For complex cases involving multiple contents, the Head of the Inspection Team or the Leader of the Verification Group must assign each member to oversee specific areas; each member must develop a detailed plan to verify their respective area and highlight issues to note when implementing the verification plan (especially regarding the inspected subjects, internal conditions...).

The meeting of the Inspection Team or the Verification Group must be recorded in minutes according to Form No. 21 of the Inspection System.

Article 19. Establishing complaint resolution files and inspection team logbooks

1. Immediately upon issuance of the inspection decision or the decision on verification and conclusion of the complaint content, the Head of the Inspection Team or the Head of the Verification Group shall be responsible for establishing the complaint resolution file. The authorized head or the head of the inspection agency or functional agency assigned to verify and conclude the complaint content shall sign the decision to establish the complaint resolution file in accordance with the guidelines set out in Circular No. 20/2004/TT-BCA.

2. The Head of the Inspection Team or the Head of the Verification Group shall be responsible for establishing the inspection team logbook and recording all activities of the Inspection Team or the Verification Group during the complaint resolution process in accordance with the Inspection Team Operation Regulation (issued pursuant to Decision No. 2151/2006/QĐ-TTCP dated November 10, 2006 of the Government Inspector General).

Article 20. Announcing the inspection decision or the decision on verification and conclusion of the complaint content

The Inspection Team or the Verification Group must proceed to announce the inspection decision or the decision on verification and conclusion of the complaint content.

1. Meeting participants:

a) For the person being complained against who is a Party Committee member or unit leader, the participants include: the standing committee body (if any), the Party Committee, the leadership body of the unit, and the person being complained against;

b) For the person being complained against who does not hold a position, the participants include: the unit leader, the direct supervisor of the person being complained against, and the person being complained against.

2. Meeting content

a) The Head of the Inspection Team or the Head of the Verification Group announces the decision and introduces the members of the Inspection Team or the Verification Group;

b) State the requirements for providing files and documents, and the content of explanations from individuals or units being complained against according to Model Form 06 of the Inspection System and the schedule of work of the Inspection Team or the Verification Group with the unit leader and the person being complained against.

The announcement of the inspection decision or the decision on verification and conclusion of the complaint content must be recorded in a protocol according to Model Form 22 of the Inspection System.

Note: For the person being complained against who falls under the management of the same level party committee, it is necessary to discuss with the Provincial, District, or Municipal Standing Committee or the Inspection Committee at that level to inform them and request their cooperation.

Article 21. Proceeding to collect evidence

Based on the complaint content, the Inspection Team or the Verification Group promptly proceeds to collect the following files and documents:

1. Files and documents related to the complaint content. For important files and documents used as evidence for conclusions, they must be collected in accordance with legal regulations; if necessary, report to the authorized head to obtain permission to use appropriate measures to collect them immediately to prevent the destruction of evidence and documents.

2. Relevant state and Ministry of Public Security documents concerning the complaint content;

3. Complaint letters and documents received previously and the complaint resolution files of relevant agencies (if any).

Article 22. Proceeding to verify

1. Conducting interviews with the complainant regarding the following contents:

a) Explain the rights and obligations of the complainant as stipulated by law; in cases where the complainant withdraws the entire or part of the complaint, a record must be made detailing the reasons to report to the authorized head for decision.

b) Reaffirm the complaint content.

c) Request the complainant to provide detailed explanations of each complaint content and to supply evidence. Any documents provided by the complainant must be signed for confirmation and recorded in accordance with regulations.

When interviewing the complainant, prepare the content in advance, have at least two officers present, and record the interview in a protocol according to Model Form 24 of the Inspection System. In cases where the complainant requests confidentiality, a confidentiality plan must be prepared for them.

2. Interviewing the person being complained against and the unit leader managing the person being complained against.

a) The person being complained against must submit a written explanation of the complaint content as requested by the Inspection Team or the Verification Group and must provide all relevant documents.

b) Interview the direct supervisor of the person being complained against to exchange information about the complaint content and the explanations given by the person being complained against. If the person being complained against is a unit leader, require them to report and explain before the Party Committee and unit leadership body. During the interview, a protocol must be established recording the opinions of each participant truthfully, and it must be signed by representatives of the unit leadership, the person being complained against, the chairperson, and the recorder.

3. Studying files, documents, and reports.

After collecting files and documents and hearing explanations from the complainant and the person being complained against, the Inspection Team or the Verification Group must organize a study to initially evaluate the evidence and determine the contents that need to be focused on for verification.

4. Proceeding to verify.

a) Interviewing people who know about the matter and those related to gather evidence to clarify the complaint content (the collection of documents and physical evidence is carried out in accordance with point d, Clause 5, Article 10 of this procedure).

b) Continuing to interview the person being complained against to clarify any contradictions in the explanations and in the collected evidence and documents.

c) During the verification process, the Inspection Team or the Verification Group may implement measures such as appraisal, confrontation... or use supporting means to publicly record audio, video, and photographs to ensure accuracy and objectivity in handling complaints.

d) Analyze and comprehensively assess the collected evidence, based on which compare with the complaint content to examine whether there are sufficient grounds and evidence to conclude; for complaint contents without sufficient grounds and evidence, additional evidence needs to be collected for conclusion.

The verification process must strictly follow the approved plan; if new complaint contents arise or complex and serious issues occur, they must be reported promptly to the authorized head for decision.

5. The Inspection Team or the Verification Group convenes a meeting to evaluate each issue listed in the plan including:

a) Evaluating the contents requiring verification and the verified documents;

b) Evaluating the collected documents regarding content and legality;

c) Implementation of the Inspection Team operation regulation;

d) Summarize the overall assessment of the verification results;

e) Specify the contents that need to be supplemented in the verification;

h) Assign officers to continue with the contents mentioned in the inspection team meeting or the verification group meeting.

Article 23. Draft report on the inspection results or verification results, conclusions on complaints

1. The head of the inspection team or the head of the verification group drafts the report on the inspection results according to model number 30 of the Inspection System Forms or the verification results and conclusions on complaints according to model number 29 of the Inspection System Forms. In cases involving multiple complaint contents, each assigned member must write a report on the verification results of their assigned field and submit it to the head of the inspection team or the head of the verification group for compilation into a draft report.

2. Hold a meeting of the inspection team or the verification group to unify the draft report on the inspection results or verification results, conclusions on complaints, and report to the competent authority head. In cases where members have differing opinions but these do not affect the essence of the conclusion, the head of the inspection team or the head of the verification group shall decide and take responsibility. In cases where opposing opinions affect the conclusion, they must report to seek the opinion of the competent authority head or the head of the inspection agency or the authorized functional agency for guidance; if conditions do not allow seeking such opinions, the head of the inspection team or the head of the verification group shall decide and take responsibility, while retaining those opinions in the draft report.

Article 24. Notification of the draft report on the inspection results or verification results, conclusions on complaints and completion of the official report

1. The inspection team or the verification group works separately with the complainant and the accused to notify them of each complaint content and the verification results so that they can express their opinions. If the complainant and the accused do not agree, they must specify the reasons and provide evidence. If no new evidence is provided, the inspection team or the verification group will conclude based on the verified evidence and bear responsibility for their conclusion. If there is new evidence requiring further verification, the head of the inspection team or the head of the verification group will decide on continuing the verification.

When working with the complainant and the accused, a record must be made ensuring compliance with procedures and legal rigor; in cases involving multiple complaint contents, each content must be specified for them to comment and sign confirmation on each content.

2. Proofread the draft report (if necessary).

3. Organize the notification of the draft report.

a) Participants: as in the participants at the announcement of the inspection decision or the decision on verification and conclusion of complaint contents.

b) Procedure for the announcement of the draft report.

- The head of the inspection team or the head of the verification group announces the draft report on the inspection results or verification results, verification of complaint contents.

- Leaders of the unit of the accused and other representatives attending the meeting make statements (opposing opinions on the draft report must be clearly stated regarding the content not agreed upon; reasons; relevant evidence).

The announcement of the draft report on the inspection results or verification results must be recorded in a minutes document detailing which contents are agreed upon, which are not agreed upon, specific reasons, and any proposals from meeting participants (if any).

4. After announcing the draft report, the inspection team or the verification group must hold a final meeting to unify, if the suggestions from all parties have merit, they should be supplemented; if the suggestions lack merit, the head of the inspection team or the head of the verification group shall base their conclusion on the verified evidence, complete, and sign the report on the inspection results or verification results to be submitted to the competent authority head.

Article 25. Inspection Conclusions and Supervision of Implementation of Inspection Recommendations

1. Inspection Conclusion

a) The Head of the Inspection Team or the Leader of the Verification Group drafts the inspection conclusion according to Model No. 31 of the Inspection Forms System.

b) Based on the report of the inspection results or the verification results, the Head with authority signs the inspection conclusion and decides on measures to handle complaints in accordance with the following directions:

- In cases where the complaint is false, notify the person complained against and the management agency of the complainant in writing. At the same time, handle or recommend the competent state agency to handle the complainant who falsely reported according to the provisions of the law;

- In cases where the person complained against has violated regulations, it is necessary to base on the nature, extent, conditions, circumstances, and causes of the violation to recommend disciplinary action, administrative handling within the scope of authority, or recommend to the competent state agency for handling; at the same time apply the measures prescribed by law to ensure strict compliance with decisions and recommendations for handling;

- In cases where the complained act shows signs of criminal offenses, recommend the Head with authority to decide on transferring the case file to the investigation agency for resolution according to the provisions of the law.

2. The Head of the agency assigned to verify and conclude on the content of the complaint must issue a written notification or organize the announcement of the inspection conclusion and the opinion of the Head with authority to the unit with the person complained against for implementation (the components are similar to those of the announcement session of the inspection decision or the decision on verifying and concluding on the content of the complaint). The organization of the announcement of the inspection conclusion must be recorded in a record according to Model No. 32 of the Inspection Forms System.

3. The Head of the Inspection Team or the Leader of the Verification Group is responsible for organizing meetings of the Inspection Team or the Verification Group to exchange and draw lessons from the activities of the Inspection Team or the Verification Group; evaluate strengths and weaknesses and draw lessons from handling complaints.

4. For cases where officials have committed violations, the Head of the agency assigned to verify and conclude on the content of the complaint requires related units to issue decisions to handle complaints according to the inspection conclusion (note that decisions to handle complaints are specific administrative decisions such as: disciplinary decision for erring officials, decision to recover assets...); related units after implementing the decision to handle complaints must report the results to the Head with authority and the higher-level Inspection Agency for management and handling of complaints and appeals.

5. In cases where the recommendation of the inspection is not implemented beyond the deadline, the Head of the agency assigned to verify and conclude on the content of the complaint must issue a letter urging implementation and report to the Head with authority on the progress; if the recommendation of the inspection is still not implemented after urging, report to the Head with authority to issue a decision to handle the unit and individual according to the provisions of the law and the discipline of the sector.

6. When there are results of handling, the Head of the agency assigned to verify and conclude on the content of the complaint notifies the complainant of the results of handling the complaint (if they request).

Article 26. Conclusion of the Handling of Complaints

After the recommendations for handling complaints have been accepted by the competent authority head and any decisions on handling complaints (if any) have been implemented, the handling of complaints shall be concluded. The inspection team or verification group must complete the file in accordance with Circular No. 20/2004/TT-BCA. The inspection logbook shall be kept together with the complaint file and submitted for retention as prescribed.

Chapter IV

IMPLEMENTING PROVISIONS

Article 27. Implementation Organization

The Inspector General of the Ministry has the responsibility to assist the Minister in guiding and supervising the implementation of this Procedure within the People's Public Security Force.

During the implementation process, any difficulties encountered by public security units and localities shall be promptly reported to the Ministry (through the Ministry’s Inspectorate) for timely guidance.