Decree No. 22/2019/NĐ-CP on complaints and handling complaints in the People's Public Security Force

DECREE

REGULATIONS ON COMPLAINTS AND HANDLING OF COMPLAINTS IN THE PEOPLE'S POLICE

Pursuant to the Law on Government Organization dated June 19, 2015;

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

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

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government issues this Decree to regulate complaints and handling of complaints in the People's Police.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree regulates complaints and handling of complaints concerning violations of laws by agencies, units, officers, and soldiers of the Police in performing their tasks and duties; complaints and handling of complaints regarding violations of laws on state management in the field of security and public order; responsibilities of heads, officers, and soldiers of the Police in protecting complainants; and management of complaint resolution work in the People's Police.

2. Complaints and handling of criminal proceedings violations, enforcement of criminal penalties, and criminal offenses with signs of criminality are not within the scope of regulation of this Decree.

Article 2. Applicability

1. This Decree applies to individuals in exercising their right to file complaints; agencies, units, organizations, and individuals whose actions are complained about; agencies, units, and individuals with authority to resolve complaints in the People's Police and other related agencies, units, organizations, and individuals in resolving complaints.

2. Complaints from foreign nationals residing in Vietnam and handling of complaints against violations of laws by agencies, organizations, and individuals of foreign countries in Vietnam under the jurisdiction of the People's Police shall be governed by the Law on Complaints and this Decree, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Officers and soldiers of the Police are officers and non-commissioned officers in specialized positions; officers and non-commissioned officers in technical positions; non-commissioned officers and conscript soldiers; students at police academies and schools; police workers; citizens temporarily recruited and contractual workers in the People's Police.

2. Heads of agencies and units of the Police are persons holding chief or deputy positions responsible for managing agencies and units of the Police before being appointed to chief positions.

3. State management in the field of security and public order is state management for national security protection and social order and safety assurance according to the functions of the Ministry of Public Security.

4. Performing tasks and duties of agencies, units, officers, and soldiers of the Police is the performance of tasks and powers in the field of national security protection and social order and safety assurance by agencies, units, officers, and soldiers of the Police.

5. A person complained about in the People's Police is an agency, unit, officer, or soldier of the Police who has committed a violation when performing tasks and duties; a person who was once an officer or soldier of the Police but is now complained about for committing a violation while performing tasks and duties as an officer or soldier of the Police; and other agencies, organizations, or individuals who have committed violations of laws on state management in the field of security and public order.

6. A person resolving complaints in the People's Police is an agency, unit, or individual with authority to resolve complaints in the People's Police.

7. Resolving complaints in the People's Police involves accepting, investigating, concluding the content of complaints, and processing the conclusions of the content of complaints by those resolving complaints in the People's Police.

Chapter II

COMPLAINTS AND HANDLING OF COMPLAINTS AGAINST VIOLATIONS OF LAWS BY AGENCIES, UNITS, OFFICERS, AND SOLDIERS OF THE POLICE IN PERFORMING TASKS AND DUTIES

Article 4. Reporting violations of the law by agencies, units, officers, and soldiers of the Public Security Force in performing their duties and official tasks

Individuals have the right to report to agencies, units, or individuals with authority within the People's Public Security about violations of the law by agencies, units, officers, and soldiers of the Public Security Force in performing their duties and official tasks causing damage or threatening to cause damage to the interests of the State, rights, and legitimate interests of agencies, organizations, and individuals.

Article 5. Authority to handle reports of violations of the law in performing duties and official tasks within the People's Public Security

3. The Head of Department, Chief of equivalent units at the department level within Provincial Police, Central City Police (collectively referred to as Provincial Police) shall handle reports against police officers from Team Leaders downwards; handle reports against units at the team level or equivalent under their direct management.

The Warden of Prison, Director of Compulsory Education Facility, Principal of Rehabilitation School; the Head of Department, Chief of equivalent units at the department level with separate seals under units at the bureau level and equivalent units under the ministry shall handle reports against police officers from Team Leaders downwards; handle reports against units at the team level or equivalent under their direct management.

5. The Director of Bureau, Chief of equivalent units at the bureau level under the ministry shall handle reports against officials holding positions as Heads of Departments, Deputy Heads of Departments, Chiefs, Deputy Chiefs of equivalent units at the department level and police officers within the jurisdiction of the Head of Department, Chief of equivalent units at the department level but without separate seals; handle reports against department-level units and equivalent units under their direct management, team-level units or equivalent under the jurisdiction of the Head of Department, Chief of equivalent units at the department level but without separate seals.

6. The Minister shall handle reports against Directors, Deputy Directors or equivalents of bureaus under the ministry, Directors, Deputy Directors of Provincial Police, other officials directly managed by the Minister (if any); handle reports against Provincial Police Units, bureau-level units, and equivalent units.

7. Reports on violations of the law by police officers under the management of multiple police agencies and units shall be primarily handled by the Chief of the agency or unit directly managing the reported police officer; Chiefs of related agencies and units shall cooperate in handling.

8. Reports on police officers or units under the former merged, consolidated, divided, or separated agencies and units shall be primarily handled by the Chief of the current agency or unit managing those police officers or units; Chiefs of related agencies and units shall cooperate in handling.

Reports on police officers or units under dissolved agencies and units within the People's Public Security shall be handled by the Chief of the agency or unit managing the police officers or units before dissolution.

9. Authority to handle reports on violations of the law by police officers in performing duties and official tasks that occurred in the past and have since transferred to another agency or unit or no longer serve as police officers shall follow the principle below:

a) In cases where the reported police officer is a Chief or Deputy Chief of a Public Security agency or unit who has transferred to another Public Security agency or unit while still holding an equivalent position, the Chief of the superior Public Security agency or unit where the police officer worked at the time of the violation shall primarily handle the report; the Chief of the superior Public Security agency or unit where the police officer currently works shall cooperate in handling.

b) In cases where the reported police officer has transferred to another Public Security agency or unit and holds a higher position, the Chief of the current Public Security agency or unit managing the police officer shall primarily handle the report; the Chief of the Public Security agency or unit managing the reported police officer at the time of the violation shall cooperate in handling.

In cases where the reported police officer has transferred to another Public Security agency or unit and holds the position of Chief or Deputy Chief of that agency or unit, the Chief of the superior Public Security agency or unit where the police officer currently works shall primarily handle the report; the Chief of the Public Security agency or unit that previously managed the reported police officer at the time of the violation shall cooperate in handling.

c) In cases where the reported police officer has transferred to another Public Security agency or unit and does not fall under points a and b of this clause, the Chief of the Public Security agency or unit managing the reported police officer at the time of the violation shall primarily handle the report; the Chief of the current Public Security agency or unit managing the reported police officer shall cooperate in handling.

d) In case the person being reported against is no longer a police officer, the head of the competent public security agency or unit shall preside over the resolution of the report concerning the police officer at the time of the violation; the head of the relevant agency or organization shall cooperate in resolving the matter.

10. The authority to resolve reports against police officers seconded to work at agencies or organizations outside the People's Public Security shall be handled according to the following principles:

a) In cases where the report concerns violations of the law while performing duties during the period before being seconded, the head of the direct managing public security agency or unit at the time of the violation shall resolve the matter, with the heads of related agencies or organizations cooperating in resolving it;

b) In cases where the report concerns violations of the law during the period of working at the new agency or organization, the head of the agency or organization where the officer is currently working shall resolve the matter.

Article 6. Receiving and Processing Information on Reports

1. The heads of public security agencies at all levels shall be responsible for:

a) Receiving or assigning staff under their management to receive information on reports;

b) Allocating locations (for public security units with independent headquarters) and staff to receive citizens to receive information on reports.

2. The Inspectorates of public security agencies at all levels or persons assigned by the heads of public security agencies at all levels to receive information on reports shall be responsible for assisting the heads of public security agencies at the same level in receiving, classifying, and proposing measures to process information on reports in accordance with the law.

3. The heads of public security agencies at all levels and persons assigned tasks shall handle information on reports as follows:

a) In cases where a report is received with the full name, address, and signature or fingerprint of the reporter clearly stated, the person receiving the report shall classify and process it in accordance with Articles 24 and 26 of the Law on Reports; if the reporter comes to make a direct report or multiple people come to report on the same content, the person receiving the report shall handle it in accordance with Clause 2 of Article 23, Articles 24 and 26 of the Law on Reports;

b) In cases where information containing a report is received but the full name and address of the reporter are unclear, or upon verification, the reporter cannot be identified, or the reporter uses another person's name to make a report, or the information contains a report not reflected in the form prescribed in Article 22 of the Law on Reports, it shall be processed in accordance with Article 25 of the Law on Reports and the Decree detailing certain articles and measures for organizing the implementation of the Law on Reports;

c) In cases where information on a report is received and the reporter believes that the resolution of the report does not comply with the provisions of the law, the report or guidance shall be provided to the immediate superior head of the public security agency that resolved the report for review and handling. The immediate superior head of the public security agency that resolved the report shall review and handle or resolve it in accordance with Clause 2, 3, and 4 of Article 37 of the Law on Reports;

d) In cases where information on a report is received about exceeding the prescribed time limit without the report being resolved, the immediate superior head of the agency with the authority to resolve the report shall handle it in accordance with Clause 2 and 4 of Article 38 of the Law on Reports;

đ) In cases where information on a report is received and processed, if it is found that the reported act has signs of criminal offenses or requires preventive measures against violations, it shall be handled in accordance with Article 27 of the Law on Reports.

4. Agencies, units, and police officers with the authority to receive and process information on reports who fail to receive and process such information in accordance with the law or are negligent in doing so shall be strictly dealt with in accordance with the law and regulations of the Ministry of Public Security.

Article 7. Responsibilities for handling complaints and cooperation in handling complaints

1. Agencies, units, and individuals within the People's Public Security with the authority to handle complaints within their scope of duties and powers shall be responsible for:

a) Handling complaints in accordance with the provisions of the law; applying necessary measures to prevent potential damage; ensuring the safety of the complainant and the complainant's relatives; strictly dealing with agencies, units, police officers, other organizations, and individuals who violate the law and being accountable before the law for their decisions;

b) Ensuring the rights and legitimate interests of the accused individual within the People's Public Security until there is a conclusion on the content of the complaint from the complaint handler.

2. Agencies, units, and individuals within the People's Public Security with the authority to handle complaints but fail to handle complaints in accordance with the provisions of the law, lack responsibility in handling complaints, or handle complaints contrary to the law shall be strictly dealt with according to the provisions of the law and regulations of the Ministry of Public Security; if causing damage, they must compensate and make restitution according to the provisions of the law.

3. Within their scope of duties and powers, related agencies, units, and individuals shall be responsible for cooperating with the complaint handlers within the People's Public Security; providing information and materials related to the content of the complaint as prescribed by law; applying protective measures for the complainant within their authority; dealing with individuals who violate the law based on the conclusion of the content of the complaint; dealing with agencies, units, organizations, and individuals who violate the law regarding complaints.

Article 8. Procedures, formalities, and deadlines for handling complaints

The procedures, formalities, and deadlines for handling complaints about violations of the law by agencies, units, police officers in performing tasks and official duties are stipulated in Articles 28, 29, 30, 31, Clause 1 of Article 32, 33, 34, 35, 36, 37, 38, 39 of the Law on Complaints, Article 13 of this Decree, and the Decree detailing certain provisions and organizational measures for implementing the Law on Complaints.

Chapter III

COMPLAINTS AND HANDLING OF COMPLAINTS REGARDING VIOLATIONS OF THE LAW ON STATE MANAGEMENT IN THE FIELD OF NATIONAL SECURITY AND ORDER

Article 9. Complaints about violations of the law on state management in the field of national security and order

Individuals have the right to file complaints about violations of the law on state management in the field of national security and order with agencies, units, and individuals with the appropriate authority within the People's Public Security.

Article 10. Authority to handle complaints regarding violations of the law on state management in the field of national security and order

1. Heads of agencies and units at all levels within the People's Public Security have the authority to handle complaints about violations of the law on state management in the field of national security and order within their assigned management scope. Related agencies and units shall cooperate.

2. Police officers without administrative penalty authority while performing official duties have the authority to handle complaints about violations of the law on state management in the field of national security and order where the content is clear, evidence is specific, and immediate action can be taken within their assigned management scope.

3. If a complaint about a violation of the law on state management in the field of national security and order involves the functions of state management of another agency outside the People's Public Security, the head of the agency or unit within the People's Public Security with the authority to handle the complaint must exchange with the relevant functional agency to reach an agreement on the division of responsibilities and cooperation in handling the complaint. If no agreement can be reached, it must be reported to the superior agency or unit within the People's Public Security for review and reported to the competent state management agency for decision.

During the exchange and reporting period, if the complained behavior falls under the circumstances specified in Clause 2 of Article 27 of the Law on Complaints, the head of the agency or unit within the People's Public Security with the authority to handle the complaint must apply necessary measures as prescribed or immediately notify the competent agency, unit, organization, or individual to promptly prevent the illegal act.

4. Complaints about violations of the law on state management in the field of national security and order that indicate criminal offenses shall be handled by the investigative agencies according to the provisions of the Criminal Procedure Law.

Article 11. Procedure, formalities, and time limit for handling complaints

The procedure, formalities, and time limit for handling complaints regarding violations of laws on state management in the field of security and public order shall be implemented in accordance with Articles 28, 29, 30, 31, Clause 1 of Article 32, Articles 33, 34, 35, 36, 37, 38, 39 of the Law on Complaints, Article 13 of this Decree, and the Decree detailing certain provisions and measures to organize the implementation of the Law on Complaints.

In cases where the conclusion is that the person complained against has violated laws on state management in the field of security and public order, the handling of such violations must also comply with other relevant legal provisions.

Article 12. Procedure and formalities for handling clear and specific complaints with immediate grounds for processing

1. For complaints regarding violations of laws on state management in the field of security and public order that have clear contents, specific evidence, and immediate grounds for processing, the handling of such complaints shall be carried out according to the following procedure:

a) Police officers authorized to receive and process complaint information shall accept and handle it.

b) In cases where the complaint concerns a violation of laws within the management scope of their own agency or unit, the police officer receiving the complaint must directly conduct or report to the authorized person to immediately carry out verification of the complaint's content, apply necessary measures to prevent and stop the illegal act, and promptly record the illegal act (if any); verification and inspection of information about the complainant shall be conducted if deemed necessary by the complaint handler for the process of handling the alleged violation.

c) The head or police officer handling the complaint shall issue a decision to handle the violation within their authority or propose the competent authority to handle it in accordance with the law.

2. The case file of the complaint shall be established together with the administrative violation handling file in accordance with the law on administrative violation handling.

Chapter IV

PUBLICIZE THE CONCLUSION OF COMPLAINT CONTENTS, DECISION ON HANDLING VIOLATIONS OF LAWS ALLEGED IN COMPLAINTS; RESPONSIBILITY FOR IMPLEMENTING THE CONCLUSION OF COMPLAINT CONTENTS AND PROTECTING THE COMPLAINANT

Article 13. Publicizing the conclusion of complaint contents and decisions on handling violations of laws alleged in complaints

Within seven working days from the date of issuing the conclusion of complaint contents and the decision on handling violations of laws alleged in complaints, the complaint handler in the People's Police shall be responsible for publicizing the conclusion of complaint contents, and the authorized person to impose disciplinary action or administrative penalty in the People's Police shall be responsible for publicizing the decision on handling violations of laws alleged in complaints. Based on actual circumstances, the nature of the case, and the requirements of complaint resolution, the complaint handler and the authorized person to impose disciplinary action or administrative penalty shall decide on the method of publicizing the conclusion of complaint contents and the decision on handling violations of laws alleged in complaints as prescribed in Clause 2 of Article 40 of the Law on Complaints and the Decree detailing certain provisions and measures to organize the implementation of the Law on Complaints. Publicizing must ensure the confidentiality of the complainant's information and any content classified as state secrets.

Article 14. Responsibility for Implementing the Conclusion of the Content of the Complaint

1. The person resolving complaints within the People's Public Security has the responsibility to organize the implementation of the conclusion of the content of the complaint in accordance with the provisions of Article 44 of the Law on Complaints.

2. The person being complained against, agencies, units, organizations, and individuals related to the complaint have the responsibility to implement the conclusion of the content of the complaint by the person resolving complaints within the People's Public Security in accordance with the provisions of Articles 45 and 46 of the Law on Complaints.

Article 15. Responsibilities of the Person Resolving Complaints, Heads, Police Officers in Protecting the Complainant and Their Relatives

1. During the process of resolving complaints, the person resolving complaints within the People's Public Security has the responsibility to protect the complainant and their relatives (as stipulated in Clause 1, Article 47 of the Law on Complaints); the scope of protection, procedures, and protective measures shall be implemented in accordance with the provisions of Clauses 2 and 3, Article 47, Articles 50, 51, 52, 53, 54, 55, 56, 57, and 58 of the Law on Complaints and other relevant laws.

2. Within the scope of their duties and authority, when receiving requests from the person resolving complaints or competent agencies, heads, police officers at all levels of the Public Security shall have the responsibility to apply measures in accordance with the Law on Complaints and other relevant laws to protect the complainant and their relatives.

Chapter V

MANAGEMENT OF COMPLAINT RESOLUTION WORK IN THE PEOPLE'S PUBLIC SECURITY

Article 16. Management of Complaint Resolution Work in the People's Public Security

1. The Minister of Public Security shall implement state management over complaint resolution work within the scope of his/her management.

The Inspector General of the Ministry of Public Security assists the Minister of Public Security in uniformly managing state affairs regarding complaint resolution work for agencies, units, and police officers throughout the People's Public Security force; monitors the results of complaint resolution concerning violations of laws on state administration in the field of security and public order within the scope of the Ministry of Public Security's management.

2. Heads of Public Security at all levels are responsible to their immediate superiors for the management of complaint resolution work within the scope of their management.

Article 17. Reporting on Complaint Resolution Work

1. The Minister of Public Security reports to the Government through the State Inspectorate on complaint resolution work within the scope of his/her management periodically or upon request of the Government.

2. Heads of Public Security at all levels report to their immediate superiors on complaint resolution work within the scope of their management periodically or upon request.

Article 18. Responsibilities of the State Inspectorate Regarding Complaint Resolution Work in the People's Public Security

1. The State Inspectorate has the responsibility to inspect the implementation of policies, laws, and tasks and powers of the Ministry of Public Security regarding complaint resolution work in the People's Public Security.

2. The Chief Inspector General of the State Inspectorate has the responsibility to review the resolution of complaints that the Minister of Public Security has resolved but which show signs of violating the law; if there is evidence that the resolution of complaints violates the law, he/she shall recommend the Prime Minister to reconsider and resolve again.

Chapter VI

IMPLEMENTING PROVISIONS

Article 19. Effective Date

1. This Decree takes effect from April 15, 2019.

2. Decree No. 91/2013/NĐ-CP dated August 12, 2013 of the Government on complaints and complaint resolution in the People's Public Security ceases to be effective from the date this Decree takes effect.

3. Complaints that have been accepted, are under investigation, and have not yet reached a conclusion before this Decree takes effect shall continue to be resolved according to the provisions of Decree No. 91/2013/NĐ-CP dated August 12, 2013 of the Government on complaints and complaint resolution in the People's Public Security.

Article 20. Responsibility for Implementation

1. The Minister of Public Security shall be responsible for guiding the enforcement of this Decree.

2. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial and centrally-administered city People's Committees, and related agencies, organizations, and units are responsible for implementing this Decree./.