DECREE NO. 28/2019/ND-CP ON COMPLAINTS AND HANDLING OF COMPLAINTS IN THE PEOPLE'S ARMED FORCES

DECREE

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

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

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

"Based on the proposal of the Minister of National Defense;"

The Government promulgates this Decree to regulate reporting and handling reports concerning violations of laws by military personnel, civilian employees, and defense officials in performing their duties and public services, and violations of laws related to state management in the field of national defense by agencies, units, organizations, and individuals; protecting the reporter and the protected person; managing the work of handling reports in the People's Army.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree applies to:

Article 2. Applicability

1. Military personnel, civilian employees, and defense officials, Vietnamese citizens, and foreign individuals residing in Vietnam who exercise the right to report.

2. Military personnel, civilian employees, and defense officials; agencies, units, organizations, and individuals being reported for acts violating laws related to national defense.

3. Report handlers; other agencies, units, organizations, and individuals related to handling reports in the People's Army.

4. Reporters and protected persons related to reports in the People's Army.

5. Agencies, units, organizations, and individuals responsible for protecting reporters in the People's Army.

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.

b) Reservists are Vietnamese citizens registered in reserve mobilization categories, including reserve officers, reserve non-commissioned officers, and reserve conscripts as defined by law.

2. Commanding Officer refers to the head of an agency or unit, including: Chief of Military Affairs (the administrative head), Political Commissar, Political Instructor, and deputy heads of the leadership.

3. Report handler in the People's Army is the administrative head of the agency or unit authorized to handle reports according to this Decree.

4. State management in the field of national defense is the management by the Ministry of National Defense in areas such as border protection, maritime, island, archipelago, airspace, and cyberspace national security; construction of defensive zones; people's defense; national defense industry; management and protection of national defense works, military areas, defense land, and related environmental activities; cryptology; international integration and defense diplomacy within the scope of management by the Ministry of National Defense; public services and other management fields as prescribed by law.

1. Implementation of laws on reporting and handling reports in the People's Army shall be carried out in accordance with Article 3 of the Law on Reporting 2018.

Article 4. Application of laws on complaints and complaint resolution

2. Reporting on violations of laws by reservists performing tasks during concentrated training, exercises, or readiness checks for mobilization and combat readiness shall be implemented in accordance with the Law on Reporting and this Decree.

3. Provisions on reporting and handling reports in the People's Army not specified in this Decree shall be implemented in accordance with the Law on Reporting and detailed regulations and guidance documents.

3. Provisions on complaints and complaint resolution in the People's Army not specified in this Decree shall be implemented in accordance with the provisions of the Law on Complaints and detailed regulations and guidance for its implementation.

Chapter II

HANDLING REPORTS CONCERNING VIOLATIONS

OF LAWS IN THE PERFORMANCE OF

DUTIES AND PUBLIC SERVICES

Section 1

AUTHORITY TO HANDLE REPORTS

Article 5. Principles for Determining Jurisdiction

1. Complaints regarding violations of laws in the performance of duties and public service by military personnel, civilian workers, and defense officials shall be resolved by the administrative head of the agency or unit with jurisdiction to manage such personnel.

2. Complaints regarding violations of laws in the performance of duties and public service by commanding officers of agencies and units shall be resolved by the administrative head of the superior agency or unit directly above the one where the officer serves.

3. Complaints regarding violations of laws in the performance of duties and public service by military personnel, civilian workers, and defense officials that occurred during their previous work period and who have since transferred to another agency or unit, or are no longer military personnel, civilian workers, or defense officials, shall be handled as follows:

a) In cases where the person being complained against is a commanding officer who has transferred to another agency or unit but still holds an equivalent position, the administrative head of the superior agency or unit managing the person at the time of the violation shall lead the resolution process; the administrative head of the current agency or unit managing the person shall cooperate in the resolution process.

b) In cases where the person being complained against has transferred to another agency or unit and holds a higher position, the administrative head of the current agency or unit managing the person shall lead the resolution process; the administrative head of the agency or unit managing the person at the time of the violation shall cooperate in the resolution process.

In cases where the person being complained against has transferred to another agency or unit and is a commanding officer of that agency or unit, the administrative head of the superior agency or unit of that agency or unit shall lead the resolution process; the administrative head of the agency or unit that managed the person at the time of the violation shall cooperate in the resolution process.

c) In cases where the person being complained against has transferred to another agency or unit and does not fall under the provisions of points a and b of this clause, the administrative head of the agency or unit managing the person at the time of the violation shall lead the resolution process; the administrative head of the current agency or unit managing the person shall cooperate in the resolution process.

d) In cases where the person being complained against violated laws in the performance of duties and public service during their previous work period and belongs to the management of multiple agencies, units, or organizations, the administrative head of the agency or unit directly managing the military personnel, civilian workers, and defense officials being complained against shall lead the resolution process; the administrative heads of related agencies, units, or organizations shall cooperate in the resolution process.

e) In cases where the person being complained against is no longer a military personnel, civilian worker, or defense official, the administrative head of the agency or unit managing the person at the time of the violation shall lead the resolution process; the administrative heads of related agencies or units shall cooperate in the resolution process.

4. Complaints regarding military personnel, civilian workers, and defense officials from agencies or units that have been consolidated, merged, divided, or separated shall be resolved by the administrative head of the agency or unit resulting from the consolidation, merger, division, or separation where the person being complained against is currently working; the administrative head of the related agency or unit shall cooperate in the resolution process.

5. Complaints regarding military personnel, civilian workers, and defense officials from agencies or units that have been dissolved shall be resolved by the administrative head of the agency or unit managing the agency or unit before it was dissolved.

6. Complaints regarding agencies or units in the performance of duties and public service shall be resolved by the administrative head of the agency or unit one level above the one being complained against.

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

1. Battalion Commanders, Brigade Commanders, Heads of Military District People's Militia and Self-Defense Forces, Border Guard Post Commanders, and equivalent positions have the competence to handle complaints about violations of laws in the performance of duties and public service tasks of military personnel, workers, and defense civil servants under their management.

2. Department Directors, Division Commanders, Heads of Provincial Military Districts, Heads of Provincial Border Guard Commands, and equivalent positions have the following competences:

a) Handle complaints about violations of laws in the performance of duties and public service tasks of commanding officers, military personnel, workers, and defense civil servants of subordinate agencies, units, and organizations directly under their management;

b) Handle complaints about violations of laws in the performance of duties and public service tasks of agencies, units, and organizations directly under their management.

3. Academy Directors, School Principals, Institute Directors, Hospital Directors, and equivalent positions have the competence to handle complaints about violations of laws by agencies, units, military personnel, workers, and defense civil servants in the performance of duties and public service tasks under their management.

4. Corps Commanders, Service Branch Commanders, Naval Zone Commanders, Coast Guard Zone Commanders, and equivalent positions have the competence:

a) To handle complaints about violations of laws in the performance of duties and public service tasks of commanding officers of subordinate agencies, units, and organizations and officers appointed and directly managed by them;

b) To handle complaints about violations of laws in the performance of duties and public service tasks of subordinate agencies and units directly under their management.

5. Military Region Commanders, Military Service Branch Commanders, Border Guard Force Commanders, Capital Command of the Border Guard Force, Coast Guard Command, Cyber Command (Command 86), and equivalent positions, Chief of the Government Cryptographic Bureau have the competence:

a) To handle complaints about violations of laws in the performance of duties and public service tasks of commanding officers of subordinate agencies, units, and organizations and military personnel appointed and directly managed by them;

b) To handle complaints about violations of laws in the performance of duties and public service tasks of division-level agencies and units and equivalent organizations directly under their management.

6. Chief of the General Staff, Director of the Political General Department, Directors of general departments, Director of the Intelligence General Department, and equivalent positions within the Ministry of National Defense have the competence:

a) To handle complaints about violations of laws in the performance of duties and public service tasks of commanding officers of subordinate agencies, units, and organizations and military personnel appointed and directly managed by them;

b) To handle complaints about violations of laws in the performance of duties and public service tasks of subordinate agencies, units, and organizations directly under their management.

7. Minister of National Defense has the competence:

a) To handle complaints about violations of laws in the performance of duties and public service tasks of commanding officers of agencies, units, and organizations, and military personnel appointed and directly managed by them;

b) To handle complaints about violations of laws in the performance of duties and public service tasks of agencies, units, and organizations under the Ministry directly under their management;

c) To handle complaints within the competence of subordinates when deemed necessary.

Section 2

PROCEDURE AND PROCEDURES FOR HANDLING COMPLAINTS

Article 7. Receiving and Processing Complaint Letters

1. Receiving and processing complaint letters shall be carried out in accordance with Articles 22, 23, 24, 25, 26, and 27 of the Law on Complaints 2018.

2. Receiving and processing letters containing both complaint and appeal contents shall be carried out in accordance with Clause 3 of Article 25 of the Law on Receiving Citizens' Visits 2013.

Article 8. Accepting complaints when the person being complained against is performing combat duties, supporting combat operations, or in emergency situations

In cases where the person being complained against is performing combat duties, supporting combat operations, or in emergency situations, the authority responsible for resolving the complaint shall clearly inform the complainant of the reasons for not accepting the complaint at that time. Immediately upon completion of the task by the person being complained against, the authority responsible for resolving the complaint must notify the complainant in writing of the acceptance of the complaint.

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

The procedures and processes for handling complaints about violations of the law by military personnel, civilian employees, and defense officials in the performance of their tasks and official duties shall be carried out in accordance with Articles 28, 29, 30, 31, Clause 1 of Article 32, Articles 33, 34, 35, 36, 37, 38, 39, and 40 of the Law on Complaints 2018 and the Government Decree detailing certain provisions and measures for organizing the implementation of the Law on Complaints.

Article 10. Coordination in verifying the content of complaints

During the process of verifying the content of complaints, the person handling the complaint has the right to request or propose that the competent authority request agencies, units, organizations within and outside the People's Army to coordinate in verifying the content of the complaint; such requests or proposals for coordination must be made in writing, specifying the content that needs to be coordinated.

Article 11. Responsibility for implementing the conclusions of the complaint content

The responsibilities of the person handling the complaint, the person being complained against, and related agencies, organizations, and individuals in organizing the implementation of the conclusions of the complaint are carried out in accordance with Articles 44, 45, and 46 of the Law on Complaints 2018.

Chapter III

RESOLUTION OF COMPLAINTS REGARDING VIOLATIONS OF THE LAW

IN 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 authority responsible for administrative violation handling in the field of state management in national defense has the authority to resolve complaints about violations of the law within the scope of management assigned to them, 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 and processes for receiving, classifying, processing, verifying, and concluding the content of complaints about violations of the law concerning state management in the field of national defense shall be carried out in accordance with Articles 22, 23, 24, 25, 26, 27, 28, 29, 30, 31; Clause 1 of Article 32; Articles 33, 34, 35, 36, 37, 38, 39, and 40 of the Law on Complaints 2018.

2. For complaints about violations of the law concerning state management in the field of national defense with clear content, specific evidence, and grounds for immediate handling, the resolution of the complaint shall be carried out in accordance with Article 43 of the Law on Complaints 2018.

Chapter IV

RESPONSIBILITIES OF AGENCIES, UNITS, ORGANIZATIONS,

INDIVIDUALS IN PROTECTING THE COMPLAINANT;

PROCEDURES AND PROCESSES FOR PROTECTING THE COMPLAINANT

Article 14. Authority to apply protective measures

1. The authority responsible for resolving complaints as stipulated in Article 6 of this Decree shall have the responsibility to protect the confidentiality of information, job positions, employment of the protected person under their management, and other protective contents within their authority; if it does not fall within their authority, they shall request or propose that the competent agencies, organizations, or individuals apply protective measures.

2. The agency receiving and verifying the content of the complaint shall have the responsibility to protect the confidentiality of the complainant's information.

3. Security protection agencies at all levels in the Army shall have the main responsibility to coordinate with public security agencies, local authorities, and related organizations to implement the protection of the life, health, property, reputation, and dignity of the protected person.

4. Agencies and units managing military personnel, civilian employees, and defense officials within the scope of their duties and powers shall have the main responsibility to coordinate with relevant agencies and units to implement the protection of the job position and employment of the protected person.

Article 15. Procedures, formalities, deadlines, protective measures, responsibilities of agencies, units, organizations, and individuals in protecting the complainant and the person to be protected

The procedures, formalities, deadlines, protective measures, and responsibilities of agencies, units, organizations, and individuals in protecting the complainant and the person to be protected shall be carried out in accordance with the provisions of Articles 50, 51, 52, 53, 54, 55, 56, 57, and 58 of the Law on Complaints 2018 and other relevant legal regulations.

Chapter V

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

Article 16. Management of complaint handling work

1. The Minister of National Defense shall implement state management over complaint handling work within his scope of management.

2. The heads of administrative military bodies at all levels who have the authority to handle complaints shall be responsible for managing complaint handling work within their respective agencies and units.

3. Contents of complaint handling management work:

a) Issuing and guiding the implementation of normative legal documents on complaints and complaint resolution;
b) Training and enhancing the professional skills of staff involved in complaint handling work;

c) Propagating, disseminating, and educating the law on complaints;

d) Implementing complaint resolution according to their authority;

đ) Inspecting and supervising the implementation of legal provisions on complaints by the heads of administrative military bodies of agencies and units.

Article 17. Responsibilities of Heads of Inspection Bodies at All Levels
1. The Head of the Inspection Body of the Ministry of National Defense shall be responsible for advising and assisting the Minister of National Defense in managing complaint handling work and implementing the provisions of Clause 1, Article 32 of the Law on Complaints 2018.

2. The Heads of Inspection Bodies at all levels shall be responsible for:

a) Advising and assisting the heads of administrative military bodies at the same level in managing complaint handling work within their delegated jurisdictional scope;

b) Receiving, classifying, and processing complaint letters; verifying the contents of complaints, concluding verification results, and recommending measures to resolve complaints within the authority of the head of the administrative military body at the same level when assigned;

c) Reviewing and concluding on the resolution of complaints that have been resolved by the head of the administrative military body of subordinate agencies and units but show signs of violating the law; if the conclusion indicates a violation of the law, recommending the head of the administrative military body with the authority to resolve complaints at the same level to reconsider and resolve again;

d) Inspecting and supervising the responsibility of the heads of administrative military bodies of subordinate agencies and units in complying with the law on complaints.

3. For agencies and units without inspection organizations, the person with the authority to resolve complaints shall delegate the task to directly managed agencies and units, providing advisory support on management and complaint resolution.

Article 18. Responsibilities of the Government Inspectorate regarding complaint handling work in the People's Armed Forces

1. The Government Inspectorate shall be responsible for inspecting the implementation of policies, laws, and tasks and powers of the Ministry of National Defense concerning complaint handling work in the People's Armed Forces.

2. The Chief Inspector General of the Government Inspectorate shall be responsible for reviewing the resolution of complaints that have been resolved by the Minister of National Defense but show signs of violating the law; if there is evidence indicating a violation of the law, recommending the Prime Minister to review and resolve again.

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 heads of administrative military bodies of agencies and units at all levels shall be responsible for reporting quarterly (every quarter 1, 2, 3, 4), semi-annually (six months), annually (nine months, year), or upon request from superiors.

Article 19. Report on handling complaints

1. This Decree shall take effect from May 5, 2019.

2. Decree No. 220/2013/NĐ-CP dated December 27, 2013 of the Government on complaints and complaint resolution in the People's Armed Forces shall cease to be effective from the date this Decree takes effect.

Chapter VI

IMPLEMENTING PROVISIONS

Article 20. Effective Date

3. Complaints that have been accepted, are under consideration, and have not yet concluded before the date this Decree takes effect shall continue to be handled in accordance with Decree No. 220/2013/NĐ-CP and Law on Complaints No. 03/2011/QH13.

2. Decree No. 220/2013/NĐ-CP dated December 27, 2013 of the Government regarding complaints and complaint resolution in the People's Army shall cease to be effective from the date this Decree takes effect.

3. Complaints that have been accepted for handling, are under review, and have not yet reached a conclusion before the date this Decree takes effect shall continue to be processed in accordance with Decree No. 220/2013/NĐ-CP and Law on Complaints No. 03/2011/QH13.

Article 21. Responsibility for implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, and relevant agencies and units shall be responsible for implementing this Decree.