Circular No. 19/2022/TT-BCA on the receipt, classification, handling of complaints, suggestions, and reflections in the People's Public Security

CIRCULAR

Regulations on receiving, classifying, and handling complaints, petitions, and reports in the People's Public Security

petition, complaint to the People's Public Security Force

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

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

Pursuant to the Criminal Procedure Code dated November 27, 2015;

Pursuant to the Law Amending and Supplementing Certain Articles of the Criminal Procedure Code dated November 12, 2021;

Pursuant to the Law on the Organization of Investigative Organs dated November 26, 2015;

Pursuant to the Criminal Enforcement Law dated June 14, 2019;

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

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

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

The Minister of Public Security issues this Circular regulating the receiving, classifying, and handling of complaints, petitions, and reports in the People's Public Security.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the receiving, classifying, and handling of complaints, petitions, and reports in the People's Public Security.

Article 2. Applicability

This Circular applies to:

2. Officers, non-commissioned officers, conscript soldiers, students, workers of the public security, contractual employees (hereinafter collectively referred to as public security officers and soldiers).

3. Organizations, individuals related to complaints, petitions, and reports.

Article 3. Principles for Handling Complaints

1. Handling complaints must ensure compliance with the law; be prompt and timely; clear and consistent; and facilitate conditions for organizations, entities, and individuals in implementing procedures for complaints, petitions, and reports.

2. Complaints must be sent or transferred to the competent authority for resolution.

Article 4. Definitions

In this Circular, the following terms shall be understood as follows:

1. Complaints, petitions, and reports are legal documents containing complaints, petitions, and reports submitted to organizations, entities, units, or persons with the authority to resolve them.

2. Handling complaints involves receiving, classifying, and processing complaints, petitions, and reports transferred to organizations, entities, units, or persons with the authority to resolve them according to the law.

3. Complaint against administrative decisions or actions of public security organs, units, or public security officers and soldiers is when the complainant requests the competent authority within the People's Public Security to review an administrative decision or action of a public security organ, unit, officer, or soldier if there is evidence that such decision or action violates the law and infringes upon their legitimate rights and interests.

4. Complaint against disciplinary decisions of public security officers and soldiers is when the complainant requests the competent authority within the People's Public Security to review a disciplinary decision if there is evidence that such decision violates the law and infringes upon their legitimate rights and interests.

5. Complaint against criminal procedure decisions or actions is when the complainant requests the competent authority within the People's Public Security to review a criminal procedure decision or action of a public security organ, unit, or person authorized to conduct criminal proceedings if there is evidence that such decision or action violates the law and infringes upon their legitimate rights and interests as stipulated in Article 469 and Article 470 of the Criminal Procedure Code 2015.

6. Complaint against decisions or actions of agencies, units, or individuals authorized to enforce criminal sentences is when the complainant requests the competent authority within the People's Public Security to review a decision or action of an agency, unit, or person authorized to enforce criminal sentences if there is evidence that such decision or action violates the law and infringes upon their legitimate rights and interests as stipulated in Article 176 of the Criminal Enforcement Law 2019.

7. Petitions and reports involve providing information, expressing opinions, wishes, and proposing solutions to agencies, units, or persons with the authority within the People's Public Security regarding matters related to the implementation of policies, laws, management work in areas under the responsibility of public security organs.

8. Complaints concerning personnel establishment work, cadre work, internal political protection work, policy work, insurance work in the People's Public Security is when public security officers and soldiers request the head of the agency, unit, or person with the authority to review a decision related to their legitimate rights and interests.

Chapter II

SPECIFIC PROVISIONS

Section 1

RECEIVING, CLASSIFYING, AND INITIAL HANDLING

Article 5. Receipt of Petitions

Petitions are received for classification and processing from the following sources:

1. Petitions sent through postal services; suggestion boxes of agencies and units within the People's Public Security.

2. Petitions submitted directly to public security agencies by individuals or representatives of agencies and organizations for complaints, proposals, and reflections.

3. Petitions transferred to public security agencies by Party leaders, State leaders, National Assembly deputies, Delegations of National Assembly, agencies of the National Assembly and the Standing Committee of the National Assembly, Vietnam Fatherland Front and its member organizations, press agencies, and other agencies, organizations, and units as prescribed by law.

Article 6. Basis for Classifying Petitions

1. Petitions are classified regardless of their title based on the following grounds:

a) The content presented in the petition;

b) The purpose and requirements of the petitioner.

2. Based on the authority to resolve, the staff handling the petition reports and proposes to the head of the agency or unit to consider and process the petition in accordance with the provisions of the law.

Article 7. Initial Handling

1. A petition that meets the conditions for handling must satisfy the following requirements:

a) Format of the petition: The petition must be written in Vietnamese; clearly state the date of writing; name, address of the petitioner; have the signature or fingerprint of the petitioner. In case the petition is written in a foreign language, it must be accompanied by a certified translation;

b) Content of the petition: Complaints, proposals, and reflections must clearly state the name and address of the agency, organization, or individual being complained about, the content and reasons for the complaint, proposal, or reflection; the requirements of the complainant, proposer, or reflector;

c) Relevant documents related to the content of the complaint, proposal, or reflection (if any).

2. Petitions that do not meet the conditions for handling include:

a) Petitions that do not comply with the requirements stipulated in Clause 1 of this Article;

b) Petitions sent to multiple agencies, organizations, units, or individuals including those with the authority to resolve, where the receiving agency or unit does not have the authority to resolve;

c) Petitions with duplicate content that has already been forwarded or directed according to regulations;

d) Petitions containing content opposing the policies and laws of the Party and the State; petitions containing content dividing national solidarity, religion; petitions containing vulgar language, defaming, or insulting the reputation and credibility of individuals, agencies, organizations, or units;

e) Petitions that are torn, erased, unclear, or illegible.

3. If a petition contains multiple contents regarding complaints, proposals, or reflections, the staff handling the petition guides the sender to separate each content and send them to the appropriate agency, organization, unit, or person with the authority to resolve. In cases where the petition falls under the jurisdiction of their own level, they propose to separate each content for resolution in accordance with the procedures and formalities prescribed by law.

4. The time limit for handling complaints is implemented in accordance with Article 27 of the Law on Complaints in 2011; the time limit for handling proposals and reflections is implemented in accordance with Article 28 of the Law on Receiving Citizens in 2013.

Section 2

HANDLING PETITIONS FOR COMPLAINTS, PROPOSALS, AND REFLECTIONS WITHIN THE JURISDICTION OF THE PEOPLE'S PUBLIC SECURITY

Article 8. Handling Petitions for Administrative Decisions and Actions

1. In cases where the administrative decision or action being complained about falls under the jurisdiction of the head of the agency or unit at any level of the People's Public Security, the staff handling the petition proposes to the head of the agency or unit to handle and resolve the matter in accordance with the law. If the complaint falls under one of the circumstances specified in Article 11 of the Law on Complaints in 2011, the staff handling the petition must report to the head of the agency or unit and notify the complainant in writing of the refusal to accept the petition.

2. In cases where the administrative decision or action being complained about does not fall under the jurisdiction of the head of the agency or unit receiving the petition:

a) The staff handling the petition, based on the provisions of Clause 6 of this Circular, proposes to transfer the complaint to the head of the agency or unit with the authority to examine and resolve;

b) Notify the complainant and the agency, organization, or individual transferring the complaint in writing;

c) Inform the Inspection Department of the People's Public Security at the same level (if applicable) of the transfer of the petition.

3. In cases where the agency or unit receives a complaint about an administrative decision or action falling under the jurisdiction of the head of the agency or unit at the next lower level, but the initial complaint was not resolved within the time limit specified in Article 28 of the Law on Complaints in 2011, the staff handling the petition proposes to the head of the agency or unit with the authority to resolve the second-level complaint to accept and resolve it; simultaneously notifying the complainant and the agency, organization, or individual transferring the complaint in writing.

Article 9. Handling complaints about disciplinary decisions

1. Classify the complaint according to the provisions of Article 6 of this Circular.

2. If the complaint falls within the jurisdiction of the head of the agency or unit of the People's Public Security at which level, it shall be proposed to the head of that agency or unit for handling and resolution.

Article 10. Handling complaints about criminal procedural decisions and acts; illegal decisions and acts during the enforcement of criminal sentences

1. For complaints about criminal procedural decisions and acts of investigators, investigation officers, deputy heads, and heads of investigation agencies, and persons assigned to carry out certain investigative activities, the complaint handler shall propose the relevant agency, unit, or authorized person to examine and resolve the matter in accordance with Article 475 of the Criminal Procedure Code 2015.

2. For complaints about the investigation conclusion of the deputy head of the investigation agency, the complaint handler shall propose transferring the case to the head of the same-level investigation agency for resolution.

3. For complaints about the investigation conclusion of the head of the investigation agency, the complaint handler shall propose transferring the case to the same-level People's Procuracy for resolution.

4. For complaints about detention, arrest, temporary detention, and temporary imprisonment procedural decisions and acts, the complaint handler shall propose transferring the case to the head of the competent agency or unit for examination and resolution in accordance with Article 474 of the Criminal Procedure Code 2015.

Article 11. Handling complaints about effective legal decision resolutions

1. The handling of complaints about effective legal decision resolutions shall be carried out as follows:

a) Classify the complaint according to the provisions of Article 6 of this Circular;

b) Do not accept or transfer complaints about effective legal decision resolutions as stipulated in Clause 1 and Clause 2 of Article 44 of the Complaint Law 2011;

c) Guide the complainant to submit the complaint to the competent authority for resolution.

2. In cases where the complaint is against an effective legal decision resolution but upon review and examination, it is found that the resolution violated the law, causing damage to the interests of the State and the legitimate rights and interests of the complainant as provided for in Article 38 of Decree No. 124/2020/ND-CP dated October 19, 2020 of the Government detailing some articles and measures to implement the Complaint Law (hereinafter referred to as Decree No. 124/2020/ND-CP dated 19/10/2020), the complaint handler must report to the head of their agency or unit for examination and resolution in accordance with the law.

Article 12. Handling suggestions and reflections

The handling of suggestions and reflections shall be carried out as follows:

1. Classify the complaint according to the provisions of Article 6 of this Circular.

2. Suggestions and reflections concerning personnel establishment work, cadre work, internal political security protection work, policy work, and insurance work in the People's Public Security as stipulated in Clause 8 of Article 4 of this Circular, if they fall within the jurisdiction of the head of the agency or unit of the People's Public Security at which level, shall be transferred to the head of that agency or unit for resolution within their jurisdiction.

3. Suggestions and reflections falling within the jurisdiction of the People's Public Security agency or unit shall be transferred to that agency or unit for examination and resolution; if already concurrently submitted to the competent agency or unit for resolution, the complaint shall be retained in accordance with Article 16 of this Circular.

Section 3

HANDLING COMPLAINTS AND SUGGESTIONS THAT ARE NOT WITHIN THE JURISDICTION OF THE PEOPLE'S PUBLIC SECURITY

Article 13. Handling complaints, suggestions, and reflections

The handling of complaints, suggestions, and reflections shall be carried out as follows:

1. Classify the complaint according to the provisions of Article 6 of this Circular.

2. Guide the complainant, suggester, or reflector to submit their complaint, suggestion, or reflection to the competent authority or organization for resolution.

3. Return original documents, papers, and materials to the complainant, suggester, or reflector (if applicable).

4. The guidance on submitting and transferring complaints, suggestions, and reflections shall be conducted in writing by the competent authority within the People's Public Security.

5. In cases where complaints, suggestions, or reflections are received from agencies, organizations, or individuals transferred according to Clause 3, Article 5 of this Circular, the staff handling the complaints shall report to the head of the competent agency or unit for consideration and resolution in accordance with regulations and provide a written response.

Article 14. Handling complaints, suggestions, and reflections bearing the names and signatures of multiple persons

When receiving complaints, suggestions, or reflections bearing the names and signatures of multiple persons, the staff handling the complaints shall guide the selection of a representative in accordance with the law and submit the complaint to the competent agency, organization, or person for resolution.

Section 4

MANAGEMENT AND MONITORING OF COMPLAINT HANDLING

Article 15. Management and monitoring of complaints

1. Agencies, units, or individuals receiving complaints in accordance with Article 5 of this Circular shall be responsible for entering them into the Complaint Tracking Register (stamped "RECEIVED" and dated), and inputting them into the Database System for the reception, classification, and handling of complaints, suggestions, and reflections (if applicable).

2. Agencies, units, or individuals receiving complaints shall be responsible for informing the agencies, units, or persons who have transferred the complaints of their receipt in accordance with the law.

3. Agencies, units, or individuals receiving and handling complaints shall be responsible for preserving the complaints without damage, loss, alteration of form, or content; monitoring, urging, and inspecting the handling of complaints in accordance with the law.

4. The archiving, entry into the Complaint Tracking Register, or data backup on the Database System for the reception, classification, and handling of complaints, suggestions, and reflections shall be carried out in accordance with the law on archiving and protecting state secrets in the field of inspection, complaint resolution, prosecution, and anti-corruption.

Article 16. Archiving of complaints

1. Archiving of complaints shall be conducted for the following types of complaints:

a) Complaints that do not meet the conditions for handling as stipulated in Clause 2, Article 7 of this Circular;

b) Complaints against administrative decisions resolving complaints that have become legally binding but do not fall under the circumstances specified in Article 38 of Decree No. 124/2020/NĐ-CP dated October 19, 2020.

2. The archiving period for complaints specified in Clause 1 of this Article is one year. After the expiration of this period, the head of the agency or unit shall examine and decide on the destruction of the complaints in accordance with the law on archiving.

Article 17. Management of complaint resolution work by the Inspectorate of the People's Public Security

1. The Inspectorate of the Ministry of Public Security assists the Minister of Public Security in uniformly managing the State's affairs concerning:

a) Administrative and disciplinary complaint resolution;

b) Monitoring the results of complaint resolution in the criminal procedure and enforcement of criminal sentences within the People's Public Security.

2. The Inspectorate of the People's Public Security assists the heads of agencies and units at the same level in uniformly managing the State's affairs concerning:

a) Work on administrative and disciplinary complaint resolution in units and localities;

b) Monitoring the results of complaint resolution in the criminal procedure and enforcement of criminal sentences in units and localities.

3. For units and localities without an Inspectorate, the management of complaint resolution work shall be the responsibility of the head of the unit or locality to assign and organize its implementation in accordance with the law.

Article 18. Management of Complaint Resolution Work by Investigative Agencies within the People's Public Security

1. The Office of the Criminal Police Investigation Department under the Ministry of Public Security shall be responsible for monitoring and compiling complaint resolution work in the criminal procedure field of criminal investigation forces at all levels.

2. The Office of the Security Investigation Department under the Ministry of Public Security shall be responsible for monitoring and compiling complaint resolution work in the criminal procedure field of security investigation forces at all levels.

3. Investigative agencies shall assist the heads of public security agencies and units at the same level in managing complaint resolution work in the criminal procedure field of their units and localities.

Article 19. Management of Complaint Resolution Work by Criminal Enforcement Agencies within the People's Public Security

1. The Prison Management Police Corps, Compulsory Education Facilities, and Juvenile Rehabilitation Schools under the Ministry of Public Security shall be responsible for monitoring and compiling complaint resolution work in the criminal enforcement field within the People's Public Security.

Article 20. Responsibilities of the Inspectorate of the People's Public Security

1. Inspectors at all levels shall be responsible for advising and proposing to the heads of public security agencies and units to resolve complaints within their jurisdiction, except for initial complaints regarding disciplinary decisions against public security officers and soldiers.

2. In cases where complaints are made about the initial decision on resolving complaints regarding disciplinary actions against public security officers and soldiers, inspectors at all levels shall advise and propose that competent agencies with authority within the People's Public Security handle and resolve such complaints according to regulations.

3. In cases where complaints are made about the disciplinary decisions of the Academy Directors or Heads of Public Security Training Institutions that have been resolved initially but are still being appealed, or where initial complaints have exceeded the time limit without resolution, the Inspectorate of the Ministry of Public Security shall take the lead and coordinate with relevant functional units to advise those with authority to resolve such complaints according to the law.

Article 21. Reporting System

1. Periodically every quarter, six months, or annually, or upon request, the heads of public security agencies and units at all levels shall report to their immediate superiors through the inspectorate at the same level on the results of complaint resolution.

2. Regular reports on complaints and their resolution from agencies and units under the Ministry, provincial-level public security departments, and centrally-administered city public security departments shall be reported to the Minister of Public Security (through the Inspectorate of the Ministry of Public Security before the 20th day of the last month of the reporting period) as follows:

a) For quarterly regular reports: The first quarter report covers from December 15 of the previous year to March 14 of the reporting year. The third quarter report covers from June 15 to September 14 of the reporting year;

b) For semi-annual regular reports: From December 15 of the previous year to June 14 of the reporting year;

c) For annual regular reports: From December 15 of the previous year to December 14 of the reporting year.

3. Ad hoc reports must be submitted promptly as required.

Chapter III

IMPLEMENTING PROVISIONS

Article 22. Effectiveness

1. This Circular takes effect from June 15, 2022, replacing Circular No. 68/2013/TT-BCA dated December 26, 2013, issued by the Minister of Public Security guiding the handling of complaints, suggestions, and reflections; the resolution of complaints, and the management of complaint resolution work within the People's Public Security.

2. Complaints being considered or accepted for resolution prior to the effective date of this Circular shall continue to be handled according to the provisions of Circular No. 68/2013/TT-BCA dated December 26, 2013, issued by the Minister of Public Security guiding the handling of complaints, suggestions, and reflections; the resolution of complaints, and the management of complaint resolution work within the People's Public Security.

3. When normative legal documents cited in this Circular are amended, supplemented, or replaced by new documents, they shall be implemented according to the newly issued regulations.

Article 23. Responsibility for Implementation

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

2. The Inspectorate of the Ministry of Public Security shall be responsible for guiding, inspecting, and urging the implementation of this Circular throughout the entire People's Public Security force. Inspectors at all levels shall be responsible for guiding, inspecting, and urging the implementation of this Circular within their units and localities.

3. During the implementation process, 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 timely guidance./.