Decree No. 220/2013/ND-CP on denunciation and handling of denunciations in the People's Army of Vietnam

DECREE

Regulations on Reporting and Handling Reports in the People's Army

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

At the proposal of the Minister of National Defense,

The Government promulgates the Decree on complaints and handling of complaints in the People's Army.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates complaints and handling of complaints regarding violations of laws by military personnel, defense civil servants in performing their duties and public services; complaints and handling of complaints regarding violations of laws concerning state management in the field of national defense by agencies, units, organizations, and individuals; protection of complainants and their close relatives; management of complaint resolution work in the People's Army.

Article 2. Applicability

This Decree applies to:

1. Military personnel, defense civil servants, Vietnamese citizens, and foreign individuals residing in Vietnam have the right to file complaints.

2. Military personnel, defense civil servants; agencies, units, organizations, and individuals being complained against who have committed violations of laws related to national defense.

3. Individuals resolving complaints in the People's Army; other agencies, units, organizations, and individuals related to complaint resolution in the People's Army.

4. Complainants and close relatives of complainants related to complaints in the People's Army are protected.

1. Military personnel include: Active-duty military personnel and reservists.

Article 3. Explanation of Terms

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

a) Active-duty military personnel are officers, non-commissioned officers, and conscripts as defined in the Law on Officers of the People's Army of Vietnam; the Law on Non-Commissioned Officers, Civilian Employees, and Defense Officials; and the Law on National Service Obligation.

a) Active-duty military personnel are officers, non-commissioned officers, and enlisted soldiers as prescribed by the Law on Military Service and the Law on Officers of the People's Army of Vietnam.

b) Reserve military personnel are Vietnamese citizens registered in reserve mobilization categories, including reserve officers, reserve non-commissioned officers, and reserve enlisted soldiers as prescribed by law.

2. Defense civil servants are defense civil servants, defense workers, and persons working under labor contracts in agencies and units of the People's Army.

3. Commanders are heads of agencies and units, including: Military Commanders (heads in administrative-military affairs), Political Commissars, Political Officers, and deputies of the heads.

4. Individuals resolving complaints in the People's Army are heads in administrative-military affairs of agencies and units with authority to resolve complaints as prescribed by this Decree.

5. State management in the field of national defense is the management by the Ministry of National Defense in areas such as border, sea, island, archipelago, airspace protection; construction of defensive zones; civilian defense; defense industry; management and protection of defense works, military areas, defense land, and environments related to defense activities; cryptology; foreign activities within its jurisdiction; public services and other management areas as prescribed by law.

Article 4. Application of laws on complaints and complaint resolution

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

2. Complaints regarding criminal acts related to the People's Army shall be resolved by investigative bodies in the People's Army according to the provisions of the law on criminal procedure.

3. Complaints regarding violations of laws by reserve military personnel during concentrated training, exercises, or readiness checks for mobilization and combat readiness shall be applied according to the provisions of the Law on Complaints and this Decree.

4. Provisions on complaints and handling of complaints in the People's Army not specified in this Decree shall be implemented according to the provisions of the Law on Complaints and detailed regulations and guidance documents for implementing the Law on Complaints.

Chapter II
HANDLING COMPLAINTS REGARDING VIOLATIONS OF LAWS BY MILITARY PERSONNEL AND DEFENSE CIVIL SERVANTS IN PERFORMING DUTIES AND PUBLIC SERVICES

Section 1
AUTHORITY TO RESOLVE COMPLAINTS

Article 5. Principles for Determining Jurisdiction

1. Complaints regarding violations of laws in performing duties and public services by military personnel and defense civil servants shall be resolved by the head in administrative-military affairs of the agency or unit having management authority over such personnel.

2. Complaints regarding violations of laws in performing duties and public services by commanders of agencies and units shall be resolved by the head in administrative-military affairs of the superior agency or unit having authority to resolve complaints.

Article 6. Competence to handle complaints in the performance of duties and public service tasks

1. Battalion Commanders, Brigade Commanders, Heads of Military District Command, Border Guard Post Commanders, and equivalent positions have the authority to resolve complaints regarding violations of laws in performing duties and public services by military personnel and defense civil servants under their management.

2. Department Directors, Division Commanders, Provincial Military District Commanders, Provincial Border Guard Force Commanders, and equivalent positions have the authority to resolve complaints regarding violations of laws in performing duties and public services by subordinate commanders and military personnel and defense civil servants under their management when the head in administrative-military affairs of that agency or unit does not have the authority to resolve complaints.

3. Academy Directors, School Principals, Research Institute Directors, Hospital Directors, and equivalent positions have the authority to resolve complaints regarding violations of laws in performing duties and public services by military personnel and defense civil servants under their management.

4. Corps Commanders, Arms Commanders, Armies Commanders, Commanders of the Presidential Guard Force protecting Ho Chi Minh Mausoleum, and equivalent positions have the authority to resolve complaints regarding violations of laws in performing duties and public services by subordinate commanders and military personnel and defense civil servants under their management when the head in administrative-military affairs of that agency or unit does not have the authority to resolve complaints.

5. The Commander of Military Region, Military Branch, Border Guard, Commandant of Hanoi Capital, Director of Government Cryptographic Agency, and equivalent positions have the authority to resolve complaints regarding violations of laws in the performance of duties and tasks by subordinate unit commanders and military personnel, civil servants under their management when the administrative-military head of that unit does not have the authority to resolve such complaints.

6. The Chief of General Staff, Director of the Political General Department, Directors of general departments, and Director of the Intelligence General Department have the authority to resolve complaints regarding violations of laws in the performance of duties and tasks by subordinate unit commanders under their direct management.

7. The Minister of National Defense has the authority to resolve complaints regarding violations of laws in the performance of duties and tasks by subordinate unit commanders directly under the Ministry of National Defense.

Section 2
PROCEDURE AND PROCEDURES FOR HANDLING COMPLAINTS

Article 7. Receiving and processing complaints containing appeals

When receiving and processing complaints containing appeals, the person receiving and processing the complaint shall guide the complainant to rewrite the complaint and separate the appeal content to be sent to the competent authority for resolution according to the provisions of the law.

Article 8. Accepting complaints in cases where the accused is performing combat or combat support tasks or in emergency situations

In cases where the accused is performing combat or combat support tasks or in emergency situations, the acceptance of complaints shall be calculated from the day immediately following the completion of the accused's combat or combat support tasks or emergency situation. In this case, the person resolving the complaint must notify the complainant in writing about the acceptance of the complaint.

Article 9. Procedures and processes for handling complaints regarding the performance of tasks and official duties

The procedures for resolving complaints regarding violations of laws by military personnel, defense civil servants in the performance of duties and tasks are carried out in accordance with the provisions of Articles 18, 19, 20, 21, 22, Clause 1 of Article 23, 24, 25, 26, 27, 28, 29 of the Law on Complaints.

Article 10. Coordination in verifying the content of complaints

During the process of verifying the content of the complaint, the person resolving the complaint has the right to request or propose to the competent authority to request agencies, units, organizations within and outside the People's Army to cooperate in verifying the content of the complaint; requests for cooperation in verification must be made in writing.

Article 11. Publicizing the conclusion of the content of the complaint and the decision to handle the reported violation

Within ten days from the date of signing the conclusion of the content of the complaint and the decision to handle the reported violation, the person resolving the complaint is responsible for publicizing the conclusion of the content of the complaint and the decision to handle the reported violation. Publicizing shall be done in the form prescribed in Point a, Clause 2, Article 11 of Decree No. 76/2012/ND-CP dated October 3, 2012 of the Government detailing the implementation of certain provisions of the Law on Complaints.

Chapter III
RESOLVING COMPLAINTS REGARDING VIOLATIONS OF LAWS ON STATE MANAGEMENT IN THE FIELD OF NATIONAL DEFENSE

Article 12. Authority to resolve complaints in state management in the field of national defense

1. The head of administrative-military affairs of the agency or unit has the authority to resolve complaints about violations of the law concerning state management in the field of national defense within the scope of management assigned to them.

2. The person authorized to handle administrative violations in the field of state management in national defense has the authority to resolve complaints regarding violations of laws within the scope of management assigned, except where otherwise provided by law.

Article 13. Procedures and processes for resolving complaints in state management in the field of national defense

1. The procedures for resolving complaints regarding violations of laws on state management in the field of national defense are implemented in accordance with the provisions of Articles 18, 19, 20, 21, 22, Clause 1 of Article 23, 24, 25, 26, 27, 28, 29 of the Law on Complaints.

2. Within ten days from the date of signing the conclusion of the content of the complaint and the decision to handle the reported violation, the person resolving the complaint is responsible for publicizing the conclusion of the content of the complaint and the decision to handle the reported violation. Publicizing shall be done in one of the forms prescribed in Points b, c, Clause 2, Article 11 of Decree No. 76/2012/ND-CP dated October 3, 2012 of the Government detailing the implementation of certain provisions of the Law on Complaints. Publicizing must ensure the confidentiality of information about the complainant and any classified military or state secrets.

3. For complaints regarding violations of laws on state management in the field of national defense with clear content and specific evidence, there is a basis for immediate handling, the resolution of the complaint shall be carried out in accordance with Article 33 of the Law on Complaints.

Chapter IV
PROTECTING THE COMPLAINANT; RESPONSIBILITY OF AUTHORITIES, UNITS, ORGANIZATIONS, AND INDIVIDUALS IN PROTECTING THE COMPLAINANT

Article 14. Scope, duration, procedure, formalities, and protective measures

The scope, duration, procedure, formalities, and protective measures for whistleblowers and their relatives in the People's Army shall be implemented according to the provisions set forth in Articles 34, 36, 37, 38, and 39 of the Whistleblower Law, Chapter III of Decree No. 76/2012/NĐ-CP dated October 3, 2012, issued by the Government detailing the implementation of certain provisions of the Whistleblower Law, and other relevant legal regulations.

Article 15. Responsibilities of the whistleblower complaint resolver in protecting whistleblowers and their relatives in the People's Army

During the process of resolving whistleblower complaints, the whistleblower complaint resolver in the People's Army has the responsibility to request competent authorities to protect whistleblowers and their relatives according to the provisions set forth in Articles 34, 36, 37, 38, and 39 of the Whistleblower Law, Chapter III of Decree No. 76/2012/NĐ-CP dated October 3, 2012, issued by the Government detailing the implementation of certain provisions of the Whistleblower Law, and other relevant legal regulations.

Article 16. Responsibilities of agencies, units, organizations, and individuals in protecting whistleblowers and their relatives

1. Agencies, units, organizations, and individuals with authority in the People's Army have the responsibility to protect the personal information confidentiality, lives, health, property, reputation, honor, dignity, job positions, employment, and other legitimate rights and interests of whistleblowers and their relatives according to the provisions of the Whistleblower Law and other related laws.

2. Agencies, units, organizations, and individuals with authority in the People's Army have the responsibility to coordinate with public security agencies, local governments, and other relevant agencies and units to protect whistleblowers and their relatives at workplaces and residences.

Chapter V
MANAGEMENT OF COMPLAINT HANDLING WORK IN THE PEOPLE'S ARMED FORCES

Article 17. Management of whistleblower complaint resolution work in the People's Army

1. The Minister of National Defense implements management of whistleblower complaint resolution work within his jurisdiction.

2. Administrative heads at all levels with authority to resolve whistleblower complaints in the People's Army are responsible for managing whistleblower complaint resolution work within the agencies and units under their management.

3. Content of whistleblower complaint resolution management work:

a) Issuing and guiding the implementation of normative legal documents on whistleblower complaints and their resolution in the People's Army.

b) Developing content, programs, and plans for whistleblower complaint resolution work that are appropriate to the situation and tasks as stipulated by law and regulations of the People's Army.

c) Training and enhancing the skills of staff involved in whistleblower complaint resolution work in the People's Army.

d) Promoting, disseminating, and educating about whistleblower laws in the People's Army.

đ) Implementing whistleblower complaint resolution according to their authority.

e) Conducting inspections and checks on the implementation of whistleblower laws by administrative heads of agencies and units in the People's Army.

g) Summarizing experiences and conducting scientific research on whistleblower complaint resolution work in the People's Army.

Article 18. Reporting on complaint resolution work

1. The Minister of National Defense reports to the Government on whistleblower complaint resolution work in the People's Army periodically or upon request of the Government.

2. Administrative heads with authority to resolve whistleblower complaints of agencies and units in the People's Army have the responsibility to report periodically or upon request from superiors on whistleblower complaint resolution work within their assigned authority.

Article 19. Responsibilities of the Heads of Inspection at all levels in the People's Army

1. The Head of Inspection of the Ministry of National Defense shall be responsible for advising the Minister of National Defense on managing the handling of complaints within the People's Army.

2. The Heads of Inspection at all levels in the People's Army shall be responsible for:

a) Advising and assisting the administrative heads at the same level in managing the handling of complaints within their jurisdiction.

b) Receiving and processing complaint reports; investigating the contents of complaints, concluding the results of investigations, and recommending measures to handle complaints within the jurisdiction of the administrative head at the same level when assigned.

c) Reviewing and concluding the handling of complaints that have been resolved by the administrative head of subordinate agencies or units but show signs of violating the law; if the conclusion indicates a violation of the law, recommending that the administrative head with authority to resolve complaints at the same level review and re-examine the matter.

d) Inspecting and supervising the responsibility of the administrative head of subordinate agencies or units in complying with laws related to complaints.

3. For agencies or units without an inspection organization, the person authorized to resolve complaints shall delegate to directly managed agencies or units, advising on management and resolution of complaints.

Article 20. Responsibilities of the Government Inspectorate regarding the handling of complaints in the People's Army

1. The Minister of National Defense shall report to the Government on complaint handling work in the People's Armed Forces quarterly (every quarter 1, 2, 3, 4), semi-annually (six months), annually (nine months, year), or upon request from the Government.

2. The General Inspector of the Government shall be responsible for reviewing and concluding the handling of complaints resolved by the Minister of National Defense but showing signs of violating the law; if the conclusion indicates a violation of the law, recommending that the Prime Minister review and re-examine the matter.

Chapter VI
IMPLEMENTING PROVISIONS

Article 21. Effective Date

This Decree takes effect from February 19, 2014.

Article 22. Responsibility for enforcement

The Minister, Heads of Ministries equivalent to Ministries, Heads of Agencies under the Government, Chairmen of Provincial People's Committees, and relevant agencies and units are responsible for implementing this Decree./.