Circular No. 23/2022/TT-BCA stipulates the authority, procedures, and processes for handling complaints within the People's Police of Vietnam.

CIRCULAR

(vi) Agreement on the amount of reserve left behind and the deadline for selling the purchased cash foreign currency to the authorized credit institution. jurisdiction, procedure, and process handling complaints

within the People's Public Security Force

 

Pursuant to the Law on Complaints November 11 2011;

Pursuant to Decree No.124/2020/NĐ-CP dated 19th 10 year 2020 of the Government detailing one number provision and measures for implementing the Law on Complaints;

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 qetermining jurisdiction, procedure, and process handling complaints within the People's Public Securityn.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the jurisdiction, procedure, and process for handling complaints against administrative decisions, administrative acts, and disciplinary decisions made by agencies, units, and individuals with jurisdiction within the People's Public Security.

Article 2. Applicability

1. The head of the agency or unit of the People's Public Security having the authority to handle complaints (hereinafter referred to collectively as the complaint handler); agencies, units, and individuals assigned the task of verifying the content of complaints.

2. The complainant, the person complained against, agencies, units, and individuals related to the handling of complaints by the head of the agency or unit of the People's Public Security with jurisdiction.

Article 3. Application of Law

1. The handling of complaints within the jurisdiction of the People's Public Security regarding complaints from foreign agencies, organizations, and individuals in Vietnam shall be implemented in accordance with the Law on Complaints 2011, Decree No. 124/2020/NĐ-CP dated October 19, 2020 of the Government detailing certain provisions and measures for implementing the Law on Complaints (hereinafter referred to collectively as Decree No. 124/2020/NĐ-CP), and this Circular, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

2. The handling of complaints in criminal proceedings and enforcement of criminal penalties shall be carried out in accordance with the laws on criminal procedures and enforcement of criminal penalties.

3. Officers, non-commissioned officers, conscript soldiers, and students of the People's Public Security (hereinafter referred to collectively as officers and soldiers of the People's Public Security) have the right to file complaints about disciplinary decisions with agencies, units, and individuals with jurisdiction within the People's Public Security in accordance with the Law on Complaints 2011 and this Circular but may not initiate administrative litigation at the Administrative Court.

4. Public security workers and contractual employees (hereinafter referred to collectively as public security workers) who are disciplined with termination of employment or termination of labor contracts without agreement with the decision on handling complaints or upon expiration of the initial and second complaint resolution periods as stipulated in Article 50 of the Law on Complaints and the complaint has not been resolved may initiate administrative litigation at the Administrative Court.

5. Forms used in handling complaints shall be implemented in accordance with the law and regulations of the Ministry of Public Security.

Chapter II

JURISDICTION FOR HANDLING COMPLAINTS

Article 4. Jurisdiction for handling complaints against administrative decisions and administrative acts

a) First complaints against his own administrative decisions and administrative acts and those of police officers under his direct management, except complaints within the jurisdiction to resolve as provided for in Clause 1 of this Article;

b) Second complaints against administrative decisions and administrative acts that the Chief of Police at the commune level has handled initially but there is still a complaint or the initial complaint has exceeded the time limit prescribed but has not been resolved.

a) First complaints against their own administrative decisions and administrative acts and those of police officers under their direct management, except complaints within the jurisdiction to resolve as provided for in Clauses 2 and 3 of this Article;

b) Second complaints against administrative decisions and administrative acts that heads of agencies and units under their direct management have handled initially but there is still a complaint or the initial complaint has exceeded the time limit but has not been resolved.

5. The Minister of Public Security shall handle:

a) First complaints against his own administrative decisions and administrative acts and those of police officers under his direct management, except complaints within the jurisdiction to resolve as provided for in Clause 4 of this Article;

b) Second complaints against administrative decisions and administrative acts that Chiefs of bureaus and equivalent units at the bureau level under the Ministry of Public Security; Directors of Public Security of provinces and centrally-administered cities have handled initially but there is still a complaint or the initial complaint has exceeded the time limit prescribed but has not been resolved;

c) Second complaints against administrative decisions and administrative acts with contents within the jurisdiction of the Ministry of Public Security for state management that the Chairman of the People's Committee at the provincial level has handled initially but there is still a complaint or the initial complaint has exceeded the time limit but has not been resolved.

Article 5. Competence to handle complaints about disciplinary decisions for police officers, soldiers, and workers of the Public Security

1. For disciplinary decisions concerning officers, non-commissioned officers, and conscript soldiers:

b) The Heads of Departments and equivalent units at the departmental level under the Ministry of Public Security, the Directors of Public Security of provinces and centrally governed cities shall handle initial complaints against decisions made by themselves; they shall also handle second-level complaints against disciplinary decisions that have been initially resolved by the heads of units under their direct management but still have complaints or where the initial complaint period has expired without resolution;

c) The Minister of Public Security shall handle initial complaints against disciplinary decisions made by themselves; they shall also handle second-level complaints against disciplinary decisions that have been initially resolved by the Heads of Departments and equivalent units at the departmental level under the Ministry of Public Security, the Directors of Public Security of provinces and centrally governed cities but still have complaints or where the initial complaint period has expired without resolution.

2. For disciplinary decisions concerning students:

a) The Directors of academies, Principals of People's Public Security schools shall handle initial complaints against disciplinary decisions made by themselves;

b) The Inspectorate of the Ministry of Public Security assists the Minister of Public Security in handling second-level complaints against disciplinary decisions that have been initially resolved by the Directors of academies, Principals of People's Public Security schools but still have complaints or where the initial complaint period has expired without resolution.

3. For disciplinary decisions concerning Public Security workers:

a) The Heads of units with authority to manage Public Security workers according to the classification shall handle initial complaints against decisions made by themselves;

b) The Heads of units directly above the Heads managing Public Security workers shall handle second-level complaints against disciplinary decisions that have been initially resolved by the Heads managing Public Security workers but still have complaints or where the initial complaint period has expired without resolution.

Chapter III

PROCEDURE AND PROCEDURES FOR HANDLING COMPLAINTS

Section 1

ACCEPTANCE, PREPARATION FOR INVESTIGATION OF COMPLAINT CONTENT

Article 6. Acceptance of complaint resolution

1. Within 10 working days from the date of receipt of complaints about administrative decisions, administrative acts, disciplinary decisions within the competence to resolve and not falling into any of the cases prescribed in Article 11 of the Law on Complaints, the first or second-level complaint resolver must accept and resolve the complaint. In case multiple people file a complaint on the same content and appoint a representative to present the complaint content, acceptance will be made when the complaint letter contains signatures or fingerprints of the complainants and a document appointing the representative in accordance with Article 7 of Decree No. 124/2020/NĐ-CP. The acceptance or non-acceptance of complaint resolution must be notified in writing.

2. Within 5 working days from the date of issuance of the notification of acceptance or non-acceptance of complaint resolution about administrative decisions, administrative acts, the notification must be sent to the complainant or their representative, the person authorized, the lawyer, or the legal aid assistant of the complainant (hereinafter collectively referred to as the legitimate representative of the complainant) and the agency, unit, organization, or individual transferring the complaint (if any). In case of complaints about disciplinary decisions, the notification must be sent to the complainant.

Article 7. Re-examination of administrative decisions, administrative acts, disciplinary decisions subject to complaint

1. After accepting a complaint, the first-level complaint resolver must re-examine the administrative decision, administrative act, or disciplinary decision complained about. In cases of complaints regarding disciplinary decisions for officers, soldiers, and workers of the Public Security, the complaint resolver shall directly conduct the re-examination or delegate someone responsible to re-examine the complained decision.

2. The content of the re-examination includes:

a) Legal basis for issuing administrative decisions, implementing administrative acts, and making disciplinary decisions for officers, soldiers, and workers of the Public Security;

b) Authority to issue administrative decisions, implement administrative acts, and make disciplinary decisions for officers, soldiers, and workers of the Public Security;

c) Content of administrative decisions, implementation of administrative acts, and disciplinary decisions for officers, soldiers, and workers of the Public Security;

d) Procedures and formalities for issuing administrative decisions and disciplinary decisions for officers, soldiers, and workers of the Public Security;

đ) Other contents (if any).

3. After re-examination, if it is determined that the complaint is valid, the first-level complaint resolver shall immediately issue a decision to resolve the complaint without proceeding with verification and conclusion according to the prescribed procedures. If there is no basis to conclude on the content of the complaint, the complaint resolver shall proceed with verification.

Article 8. Assignment of Verification Tasks for Complaint Content, Decision on Verifying Complaint Content

1. In cases where verification of complaint content is necessary, the complaint resolver conducts the verification themselves or assigns an agency, unit, or individual under their direct management to carry out the verification of complaint content.

2. The complaint resolver or the agency/unit assigned the verification task shall issue a decision to verify the complaint content. The verification decision must clearly specify the time, content of verification, and establish a Verification Team or Verification Group (hereinafter referred to collectively as the Verification Group).

Article 9. Preparation of Verification Plan for Complaint Content

1. The Verification Group prepares a verification plan, submits it for approval by the decision issuer, and organizes its implementation.

2. The content of the verification plan includes:

a) Legal basis for conducting verification;

b) Purpose and requirements of the verification;

c) Content of verification;

d) Objectives, scope, methods, and time frame for verification;

đ) Assignment of tasks to members of the Verification Group, conditions, and means to support the verification process.

Article 10. Sending and Announcing the Decision to Verify Complaint Content

1. Within seven working days from the date of issuance of the decision to verify complaint content, the Verification Group sends the decision to verify complaint content to the person complained against and related agencies, organizations, units, and individuals.

2. When necessary, the complaint resolver or the agency/unit assigned the verification task may announce the decision to verify complaint content at the agency/unit of the person complained against or the place where the complaint arose. Participants in the announcement session include:

a) For complaints about administrative decisions and acts, participants include: the complaint resolver or representative of the agency/unit assigned the verification task, the Verification Group; the person complained against; representative of the agency/unit of the person complained against;

b) For complaints about disciplinary decisions for officers, participants include: the complaint resolver or representative of the agency/unit assigned the verification task, the Verification Group; the person complained against; representative of the Standing Committee or Party Committee, representative of the leadership of the agency/unit of the person complained against;

3. Content of the announcement:

a) The Verification Group announces the full text of the verification decision;

b) Specifies requirements for providing files, documents, and explanations from the person complained against, agencies, units, and individuals related to the complaint content;

c) Announces the work schedule of the Verification Group.

4. The announcement of the decision to verify complaint content is recorded in a minutes document and signed by representatives of all parties present.

Section 2

CONDUCTING VERIFICATION OF COMPLAINT CONTENT

Article 11. Direct interaction with the complainant, their representative, authorized person, lawyer, or legal aid provider of the complainant

1. The complaint resolver or Verification Team shall directly interact and request the complainant or the lawful representative of the complainant to provide the following information and documents:

a) Personal information: surname, name, citizen identification card (or other document), residential address, proof of lawful representation;

b) Information, documents, and evidence related to the complaint content: grounds for the complaint, requests, proposals of the complainant, and documents related to the complaint content.

2. The content of the interaction shall be recorded in a minutes document, clearly stating the time, location, participants, content, and having signatures from representatives of all parties. In cases where the complainant does not cooperate or sign the minutes, the minutes shall bear the signature of a witness or local authority representative. The minutes shall be prepared in at least two copies, one to be kept in the file and one to be handed over to the representative of the participating party (if requested).

Article 12. Direct interaction with the respondent, interested parties, and relevant agencies or entities

1. During the initial complaint resolution process, the complaint resolver or Verification Team shall directly interact and request relevant agencies, units, and interested parties to provide information, documents, and evidence related to the complaint content. If the respondent is an officer or soldier under direct management, they shall be required to explain the complained content and propose opinions on the complaint resolution (if applicable).

2. During the second complaint resolution process, the complaint resolver or Verification Team shall directly interact and request the respondent, relevant agencies, units, and interested parties to provide information, documents, and evidence related to the complaint content, and explain administrative decisions or actions being complained about. If direct interaction with relevant agencies or units is not possible, a document requesting explanation, provision of information, documents, and evidence related to the complaint content shall be sent.

3. The content of the interaction must be recorded in a minutes document, clearly stating the time, location, participants, content, and having signatures from representatives of all parties. The minutes shall be prepared in at least two copies, one to be kept in the file and one to be handed over to the representative of the participating party (if requested).

Article 13. Receiving, processing information, documents, evidence, and verifying facts

1. When receiving information, documents, and evidence provided directly by the complainant, their lawful representative, the respondent, or relevant agencies, organizations, units, and individuals, the complaint resolver or Verification Team must prepare a receipt document.

2. Collected information, documents, and evidence must clearly indicate their source. When collecting copies, the complaint resolver or Verification Team must compare them with the original; if there is no original, the reason must be noted in the receipt document. Information, documents, and evidence provided by agencies, organizations, or units must have confirmation from the providing agency, organization, or unit. Information, documents, and evidence provided by individuals must have the signature of the provider confirming it. If the document is old, torn, missing pages, or illegible, the collector must describe the condition of the document in detail in the receipt document.

3. When necessary, the complaint resolver or Verification Team shall conduct on-site verification to collect, check, and determine the accuracy, legality, and completeness of information, documents, and evidence related to the complaint content. On-site verification must be recorded in a minutes document, clearly stating the time, location, participants, content, verification results, opinions of those involved in the verification, and other relevant persons.

4. Collected information, documents, evidence, or verified documents must be managed and used in accordance with regulations; they may only be provided or disclosed upon authorization by the competent authority.

Article 14. Working with relevant parties during the verification process of complaints

1. In cases where the results of on-site verification differ from the information, documents, and evidence provided by the complainant and the respondent, the complaint resolver or the Verification Team shall directly work with the complainant and the respondent; if necessary, invite relevant agencies, organizations, units, or individuals to participate in the work.

2. The content of the work must be recorded in a minutes document, clearly stating the time, location, participants, content, opinions of those involved, agreed-upon matters, differing opinions, and signed by all parties. The minutes shall be prepared in at least three copies, each party retaining one copy.

Article 15. Requesting Appraisal

1. The complaint resolver or the head of the agency or unit tasked with verifying the decision may request an appraisal when it is deemed necessary to have an evaluation regarding the content related to expertise or technical aspects as a basis for concluding the complaint content.

2. If the complainant, respondent, or relevant agencies, organizations, or units propose requesting an appraisal, the complaint resolver or the head of the agency or unit tasked with verifying the decision shall decide to request an appraisal if such a proposal has a valid basis.

3. The decision to request an appraisal shall specify the name of the appraisal agency or organization; the information, documents, and evidence to be appraised; the content of the appraisal request; and the deadline for submitting the appraisal conclusion.

Article 16. Extending the Time Limit for Resolving Complaints

In cases where the time limit for resolving complaints has expired but the verification process has not been completed, the complaint resolver shall issue a written decision to extend the time limit for resolving complaints in accordance with Articles 28, 37, and 50 of the Law on Complaints, and simultaneously notify the complainant or their lawful representative, and the respondent. The extension must be implemented before the expiration of the complaint resolution time limit.

Article 17. Temporarily Suspending the Execution of Administrative Decisions Subject to Complaints

1. During the complaint resolution process, if it is determined that the execution of the administrative decision subject to complaint will cause irreparable consequences, the complaint resolver shall issue a decision to temporarily suspend the execution of the administrative decision subject to complaint. The suspension period shall not exceed the remaining time of the complaint resolution time limit.

2. When the grounds for the decision to temporarily suspend the execution of the administrative decision no longer exist, the complaint resolver must issue a decision to revoke the temporary suspension decision.

Article 18. Suspension of Complaint Resolution Process

During the complaint resolution process, if the complainant withdraws the complaint content in accordance with Article 10 of the Law on Complaints, the complaint resolver shall handle it as follows:

1. In cases where the complainant withdraws the entire complaint content, the complaint resolver shall issue a decision to suspend the complaint resolution process. Within five working days from the date of issuance, the decision suspending the complaint resolution process must be sent to the complainant and the respondent.

2. In cases where the complainant withdraws part of the complaint content, the complaint resolver shall examine and resolve the content that the complainant has not withdrawn.

Article 19. Drafting the report on the verification results of complaints

1. The verification team must draft the report on the verification results of the complaint content and be responsible for the verification results. The draft report on the verification results of the complaint content shall be carried out in accordance with Clause 4 of Article 29 of the Law on Complaints, including information about the complainant, the respondent, the decision being complained about, the complained behavior, grounds for the complaint, the complainant's requests; previous complaint resolution results (if any); verification results, conclusions that the complaint content is entirely correct, entirely incorrect, or partially correct; recommendations to maintain, revoke entirely, or amend and supplement partially the decision being complained about; recommendations regarding the issuance of a decision to resolve the complaint.

2. The verification team must convene to unify the draft report on the verification results of the complaint content before reporting to the decision maker for verification. In case there are differing opinions, the head of the verification team must conclude and be responsible for their conclusion. The contents of the verification team meeting must be recorded in a minutes document, fully recording each member's participating opinions, and clearly stating the reasons and handling directions for unresolved issues.

Article 20. Organizing Dialogue

1. Cases for dialogue:

a) Before issuing the first decision to resolve a complaint regarding disciplinary decisions, the complaint resolver must organize a dialogue with the complainant. For complaints regarding administrative decisions, administrative acts, the complaint resolver or the agency/unit assigned the task of verifying must organize a dialogue if the complainant's request and the verification results of the complaint content differ;

b) During the second-level complaint resolution process, the complaint resolver must organize a dialogue. If the second-level complaint resolver is a Minister: they must directly dialogue with complex complaints (involving multiple people complaining about the same issue, having different opinions from competent authorities on resolution measures, the complainant showing a confrontational attitude, public concern, the matter affecting political security, social order, and safety). For other cases, the Minister assigns a Deputy Minister in charge or the head of the agency/unit assigned the task of verifying to organize dialogues with the complainant (hereinafter referred to collectively as the dialogue chairperson). During the dialogue, the dialogue chairperson must promptly report to the complaint resolver on complex issues exceeding their authority; at the end of the dialogue, they must report to the complaint resolver on the dialogue results and be responsible for the reported content.

2. Dialogue procedure:

a) Preparing for dialogue The dialogue chairperson determines the content to be discussed and dialogued; notifies in writing the complainant or their lawful representative, the respondent, relevant agencies, organizations, units, individuals, and the time, place, and content of the dialogue three working days in advance;

b) Participants in the dialogue The dialogue chairperson, the verification team, the complainant or their lawful representative, the respondent, relevant agencies, organizations, units, individuals, and the first-level complaint resolver (if applicable);

c) Conducting the dialogue The dialogue chairperson checks the participants; guides all parties on the methods and content to be discussed; announces the verification results of the complaint content; the complainant or their lawful representative, the respondent present their opinions on the content of the matter, provide additional information, documents, evidence related to the complaint, and their requests and wishes (if any); opinions of representatives of relevant agencies, organizations, units, individuals, and the first-level complaint resolver (if applicable); at the end of the dialogue, the dialogue chairperson concludes on the dialogue content.

3. The dialogue must be recorded in a minutes document, clearly stating the time, place, participants; listing those present and absent, the content and opinions of the participants, agreed-upon issues, unresolved issues with differing opinions, and signed by representatives of all parties. The minutes are made in three copies, one for the dialogue chairperson, one for the complainant, and one for the respondent.

4. In cases where a second notification about organizing a dialogue has been sent but the complainant or their lawful representative does not attend, the dialogue chairperson records the termination of the dialogue in the minutes, simultaneously notifying in writing, specifying the reason and sending it to the complainant or their lawful representative within three working days from the date of issuance of the document.

Article 21. Seeking advisory opinions

1. For complex cases with many difficulties or different viewpoints on handling, the person resolving complaints or the agency or unit assigned to verify shall seek the opinion of specialized agencies or organizations and individuals related before issuing a decision to resolve the complaint. Seeking advisory opinions shall be conducted through exchanging written documents or organizing meetings.

2. During the second stage of complaint resolution, if deemed necessary, the person resolving complaints may decide to establish an Advisory Board to seek opinions. The members of the Advisory Board include: the person resolving complaints or the agency or unit assigned to verify, and those who have expertise in the relevant field related to the content of the complaint. Depending on the nature and content of the specific case, other persons may be invited to join the Advisory Board for complaint resolution. The contents of the Advisory Board's work must be recorded in minutes, stating each issue requiring advisory opinions and the opinions of each member of the Advisory Board. The minutes of the meeting must be signed by the Chairman and Secretary of the Advisory Board.

Article 22. Reviewing and reconsidering the first-stage complaint resolution decision of the Minister

1. In cases where there is still a complaint regarding the first-stage complaint resolution decision of the Minister concerning disciplinary decisions within his direct management authority, the Inspectorate of the Ministry shall take the lead and coordinate with the Personnel Organization Department to assist the Minister in reviewing and reconsidering.

2. The review and reconsideration of the complaint resolution decision shall be handled as follows:

a) If the complaint resolution decision is correct, report to the Minister to organize the implementation of the complaint resolution decision and issue a written notification to the complainant about not reconsidering the complaint;

b) If the complaint resolution decision lacks content or is partially incorrect, report to the Minister to issue a decision to amend and supplement the first-stage complaint resolution decision;

c) If the complaint resolution decision is entirely incorrect, report to the Minister to issue a decision to revoke the first-stage complaint resolution decision. Reinvestigate the content of the complaint according to the procedures and formalities stipulated in this Circular.

Section 3

ISSUING, FORWARDING, PUBLICIZING THE COMPLAINT RESOLUTION DECISION AND ESTABLISHING, MANAGING THE COMPLAINT RESOLUTION FILE

Article 23. Issuing and forwarding the complaint resolution decision

1. Based on the provisions of the law, the results of verifying the content of the complaint, the results of dialogue, and seeking advisory opinions (if any), the person resolving complaints shall issue the complaint resolution decision as follows:

a) The first-stage complaint resolution decision for administrative decisions and acts shall be implemented in accordance with Article 31 of the Law on Complaints; the second-stage complaint resolution decision shall be implemented in accordance with Article 40 of the Law on Complaints. In the complaint resolution decision, it must clearly state the conditions for accepting and resolving the complaint; the name, address of the complainant and the person complained against; the content of the complaint, reasons for the complaint, the complainant's requests; previous resolution results (if any); verification results of the complaint content; clearly state the basis for concluding that the complaint content is entirely correct, entirely incorrect, or partially correct; maintain, revoke entirely, amend, or supplement partially the administrative decision or terminate the complained administrative act (for the first-stage complaint resolution decision) or require the person with the administrative decision or act to amend, revoke partially or entirely the administrative decision, terminate the complained administrative act (for the second-stage complaint resolution decision); compensation for the person suffering losses (if any) and resolution of other related issues; the right to file a second-stage complaint, the right to initiate an administrative lawsuit at the court;

b) The first-stage complaint resolution decision for disciplinary decisions against officials, soldiers, and workers of the Public Security shall be implemented in accordance with Article 54 of the Law on Complaints; the second-stage complaint resolution decision shall be implemented in accordance with Article 56 of the Law on Complaints. In the complaint resolution decision, it must clearly state the name, address of the complainant and the person complained against; the content of the complaint, reasons for the complaint, verification results, dialogue results; clearly state the legal bases for resolving the complaint; conclusions on the content of the complaint; maintain, amend, supplement, revoke partially or entirely the disciplinary decision (for the first-stage complaint resolution decision) or conclusions on each specific issue in the content of the complaint and the resolution of the first-stage complaint resolver (for the second-stage complaint resolution decision); compensation for the person suffering losses (if any) and resolution of other related issues; the right to file a second-stage complaint.

2. Forwarding the complaint resolution decision:

a) For the complaint resolution decision on administrative decisions and acts Within three working days from the date of issuance of the first-stage complaint resolution decision, the person resolving complaints shall be responsible for sending the complaint resolution decision to the complainant, the immediate superior head of the person resolving complaints; persons with rights and obligations related; agencies, organizations, and individuals who forwarded the complaint; and the same-level inspection agency. Within seven working days from the date of issuance of the second-stage complaint resolution decision, the person resolving complaints shall be responsible for sending the complaint resolution decision to the complainant, the person complained against, the first-stage complaint resolver; persons with rights and obligations related; agencies, organizations, and individuals with the authority to forward the complaint.

b) For decisions resolving complaints about disciplinary decisions, within three working days from the date of issuance of the first decision resolving the complaint, the person resolving the complaint shall be responsible for sending the decision resolving the complaint to the complainant, the person against whom the complaint was made; the agency, organization, or individual that transferred the complaint and the inspection agency at the same level. Within seven working days from the date of issuance of the second decision resolving the complaint, the person resolving the complaint shall be responsible for sending the decision resolving the complaint to the complainant, the person who issued the first decision resolving the complaint; those with rights and obligations related to the matter. The second decision resolving the complaint of the Heads of units under the Ministry, the Director of Provincial Police Departments, and the Director of Municipal Police Departments directly under the Central Government must be sent to the Inspector General of the Ministry and the Director of the Personnel Organization Department.

Article 24. Publicizing Decisions Resolving Complaints

1. Within fifteen working days from the date of issuance of the decision resolving the complaint, the person resolving the complaint shall be responsible for publicizing the decision resolving the complaint through one of the following methods:

a) Announcing at the agency or unit where the person against whom the complaint was made works. The participants are specified in Clause 2 of Article 10 of this Circular; prior to conducting the publicity, the person resolving the complaint must issue a notification three working days in advance;

b) Posting at the office premises or the place where citizens are received by the agency or unit that resolved the complaint. The posting period for the decision resolving the complaint must be at least fifteen days, starting from the day of posting;

c) Notifying through mass media. Notifying the decision resolving the complaint on mass media including radio, television, print, and online news. The person resolving the complaint selects one of the mass media channels to implement the notification. If the agency or unit of the person resolving the complaint has an electronic information portal or website, it must be publicized on the electronic information portal or website. Notifications on radio and television must be broadcasted at least twice; on print media, at least two consecutive issues. The publication period on online news, electronic information portals, or websites must be at least fifteen consecutive days.

2. The provisions regarding point b and point c of Clause 1 of this Article shall not be implemented for decisions resolving complaints containing contents listed in the State Secrets Catalogue or other regulations of the Ministry of Public Security.

Article 25. Establishing and Managing Case Files for Resolving Complaints

After issuing the Notice of Acceptance or Decision on Verification, the Verification Team shall be responsible for establishing case files for resolving complaints. The establishment and management of case files shall be carried out according to the provisions of Article 11 of Circular No. 52/2021/TT-BCA dated May 14, 2021, issued by the Minister of Public Security, stipulating the procedures for business case file work in the People's Public Security Inspection.

Chapter IV

IMPLEMENTING PROVISIONS

Article 26. Effective date

1. This Circular takes effect from June 30, 2022, replacing Circular No. 11/2015/TT-BCA dated March 2, 2015, issued by the Minister of Public Security, stipulating the procedures for resolving complaints in the People's Public Security.

2. Complaints being examined and accepted for resolution before 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; resolving complaints, and managing complaint resolution work in the People's Public Security.

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

Article 27. Responsibility for Implementation

1. The Inspectorate of the Ministry of Public Security shall be responsible for guiding, inspecting, and urging the implementation of this Circular. The Inspectorates of Public Security at all levels shall be responsible for guiding, inspecting, and urging the implementation of this Circular within their units and localities.

2. The Heads of units under the Ministry, the Directors of Provincial Public Security Departments, and the Directors of Municipal Public Security Departments directly under the Central Government shall be responsible for implementing this Circular.

3. During the implementation process, if there are 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./.