Circular No. 63/2010/TT-BCA-V24 guiding the management and handling of complaints and denunciations in the People's Public Security Force

CIRCULAR

Guidelines for managing and handling complaints and denunciations in the People's Public Security

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Pursuant to the Law on Complaints and Denunciations 1998; the Laws Amending and Supplementing Certain Provisions of the Law on Complaints and Denunciations 2004, 2005;

Pursuant to the Criminal Procedure Code 2003;

Pursuant to the Inspection Law June 15, 2004;

Pursuant to Decree No. 136/2006/NĐ-CP November 14, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Complaints and Denunciations and the Laws Amending and Supplementing Certain Provisions of the Law on Complaints and Denunciations;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

The Ministry of Public Security guides the management and resolution of complaints and denunciations in the People's Public Security as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars guide the handling of complaint letters, denunciation letters, suggestion letters, reflection letters, and crime reporting letters (hereinafter collectively referred to as letters) and the management of complaint and denunciation resolution work in the People's Public Security.

Article 2. Applicability

These Circulars apply to agencies, organizations, units, and individuals with authority to resolve complaints and denunciations in the People's Public Security and apply to agencies, organizations, units, and individuals related to the resolution of complaints and denunciations of the People's Public Security.

Chapter II

RECEIPT, CLASSIFICATION, AND HANDLING OF PETITIONS

Article 3. Receiving Letters

1. Petitions shall be received from the following sources:

a) Letters directly sent to public security agencies by agencies, organizations, or individuals;

b) Letters transferred to public security agencies by Party and State leaders, National Assembly representatives, People's Council representatives, Vietnam Fatherland Front and its members, press agencies, and other agencies;

c) Letters sent through postal services and other sources.

2. After receiving letters from the above sources, public security agencies must record them in a logbook or enter them into a computer database for management and tracking; they must affix a stamp and clearly note the date of receipt. Staff responsible for processing or those authorized to resolve have the responsibility to preserve the letters, ensuring they are not torn, lost, altered in form or content.

Article 4. Classifying Letters

Letters are classified into four specific categories as follows:

1. Complaint Letters Complaint letters include four types:

a) Administrative decision complaints and administrative act complaints against public security agencies or their officers and soldiers: this is when an individual, agency, or organization, following procedures prescribed by laws on complaints and denunciations, requests a competent agency, unit, or individual within the public security system to review an administrative decision or act when there is evidence that such decision or act is contrary to the law, infringing upon their legitimate rights and interests;

b) Disciplinary decision complaints against public security officers and soldiers: this is when public security officers and soldiers, following procedures prescribed by laws on complaints and denunciations, request the head of a competent agency within the public security system to review a disciplinary decision when there is evidence that such decision is contrary to the law, infringing upon their legitimate rights and interests;

c) Decision complaints regarding policies, appointments, transfers, rotations, admissions, recruitments, commendations, etc. (collectively referred to as policy decision complaints) of public security officers and soldiers: this is when public security officers and soldiers, following procedures prescribed by laws on complaints and denunciations, request the head of a public security agency with competence to review a policy decision when there is evidence that such decision is contrary to the law, contrary to regulations of the sector, infringing upon their legitimate rights and interests;

d) Criminal procedure decision and act complaints against public security agencies or their officers with authority to conduct criminal proceedings: this is when an individual, agency, or organization, following procedures stipulated in Chapter XXXV of the Criminal Procedure Code, requests a competent agency or individual to review a criminal procedure decision or act when there is evidence that such decision or act is contrary to the law, infringing upon their legitimate rights and interests.

Decisions and acts in this context are understood as follows:

- Criminal procedure decisions are documents issued by the head, deputy head of the investigation agency, investigators, or public security officers with authority to conduct certain investigative activities under the law on criminal procedure.

- Criminal procedure acts are actions taken by the head, deputy head of the investigation agency, investigators, or public security officers with authority to conduct certain investigative activities carried out in accordance with the law on criminal procedure.

2. Denunciation Letters

Denunciation letters include two types:

a) Non-criminal procedure denunciations: this is when citizens, following procedures prescribed by laws on complaints and denunciations, inform competent agencies or individuals about violations of the law, moral character, conduct standards, political criteria of any public security officer or soldier causing damage or threatening to cause damage to state interests, the legitimate rights and interests of citizens, agencies, or organizations;

b) Criminal procedure denunciations: this is when citizens inform competent agencies or individuals about violations of the law in criminal procedure activities (as stipulated in Chapter XXXV of the Criminal Procedure Code) by public security officers with authority to conduct criminal proceedings or to conduct certain investigative activities, believing that such acts cause damage to state interests, the legitimate rights and interests of citizens, agencies, or organizations.

3. Suggestion and Reflection Letters include three types:

a) Suggestions and reflections related to non-criminal procedure complaints and denunciations: this is when individuals, agencies, or organizations suggest or reflect on matters related to complaints and denunciations being handled by public security agencies;

b) Suggestions and reflections related to criminal procedure complaints and denunciations: this is when individuals, agencies, or organizations suggest or reflect on matters related to complaints and denunciations in criminal procedure activities being handled by investigation agencies within the public security system;

c) Suggestions and reflections unrelated to complaints and denunciations: this is when individuals, agencies, or organizations request public security agencies to address issues related to the state management activities of the Ministry of Public Security.

4. Crime Reporting Letters

This is when citizens inform competent agencies or individuals about acts violating the law with signs of criminal offenses, criminal acts, and other information about crimes committed by any agency, organization, or individual.

Article 5. Handling complaints within the jurisdiction and responsibility of the Public Security Agency

1. Handling complaints

1.1. Handling complaints about administrative decisions and administrative acts:

a) If a complaint falls within the jurisdiction of the head of the Public Security Agency to resolve and meets the conditions for acceptance as stipulated in Article 2 of Decree No. 136/2006/NĐ-CP dated November 14, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Complaints and Petitions and Laws Amending and Supplementing Certain Provisions of the Law on Complaints and Petitions (hereinafter referred to as Decree No. 136/2006/NĐ-CP), the handling officer shall propose the head of the agency to accept and resolve the complaint in accordance with the law.

b) In cases where a complaint does not fall within the jurisdiction of the head of the Public Security Agency at their level but falls within the responsibility of the Public Security force to resolve, the handling officer shall base on the authority stipulated in Article 7 of this Circular to propose transferring the complaint to the head of the Public Security Agency with the appropriate jurisdiction for consideration and resolution. When transferring the complaint, the transferring agency must notify the complainant in writing; simultaneously notify the Inspection Department of the Public Security Agency at the same level as the agency with the appropriate jurisdiction to help the head at the same level monitor and manage the resolution results (including complaints and petitions in the criminal procedure field).

c) If a complaint falls within the jurisdiction and responsibility of the Public Security Agency but does not meet the conditions for acceptance as stipulated in Article 2 of Decree No. 136/2006/NĐ-CP, the handler shall propose the head to issue a written response informing the complainant of the reasons for non-acceptance.

d) If a complaint falls within the jurisdiction of the head of the lower-level Public Security Agency but has exceeded the time limit prescribed by the Law on Complaints and Petitions without being resolved, the handling officer shall propose the head of the higher-level Public Security Agency to issue a written request for the lower-level agency to resolve the complaint case.

1.2. Handling complaints about disciplinary decisions

Complaints about disciplinary decisions of police officers and soldiers of the Public Security Agency, when handling, need to be based on the authority stipulated in Article 15 of this Circular to transfer to the head of the Public Security Agency with the appropriate jurisdiction for consideration and resolution.

1.3. Handling complaints about policies and benefits

Complaints about policies and benefits of police officers and soldiers of the Public Security Agency that fall within the jurisdiction of the head of the Public Security Agency at a certain level shall be transferred to the Force Construction Department at that level to propose handling and resolution according to the appropriate authority.

1.4. Handling complaints about procedural decisions and criminal procedural acts of agencies and public security officers:

a) Complaints about procedural decisions and criminal procedural acts of agencies and public security officers unrelated to the application of arrest, temporary detention, or pre-trial detention measures during criminal proceedings in the following cases shall be transferred to the head of the Investigative Agency with the appropriate jurisdiction for resolution:

- Complaints about procedural decisions and criminal procedural acts of Deputy Heads of Investigative Agencies and Investigators of the same level without approval from the Prosecution Office;

- Complaints about investigative conclusions of Deputy Heads of Investigative Agencies of the same level still within the investigation period (including supplementary investigations and re-investigations).

b) Complaints about procedural decisions and criminal procedural acts of public security agencies and public security officers during criminal proceedings in the following specific cases shall be transferred to the Prosecution Office at the same level as the complained public security agency or the same level as the agency with the complained public security officer:

- Complaints related to the application of arrest, temporary detention, or pre-trial detention measures (as stipulated in Article 333 of the Criminal Procedure Code 2003);

- Complaints against procedural decisions and criminal procedural acts of Heads of Investigative Agencies in the Public Security System (as stipulated in Article 329 of the Criminal Procedure Code 2003);

- Complaints about procedural decisions of Investigative Agencies in the Public Security System that have been approved by the Prosecution Office (as stipulated in Article 329 of the Criminal Procedure Code 2003);

- Complaints about investigative conclusions of Heads of Investigative Agencies;

- Complaints about the initial resolution by Heads of Investigative Agencies in the Public Security System regarding procedural decisions and criminal procedural acts (as stipulated in Article 329 of the Criminal Procedure Code 2003) and investigative conclusions of Deputy Heads of Investigative Agencies of the same level that have been resolved;

- Complaints about procedural decisions and criminal procedural acts of public security officers authorized to conduct certain investigative activities shall be transferred to the Prosecution Office with the appropriate authority to prosecute the person who committed the crime if the complained public security officer conducted certain investigative activities (as stipulated in Article 332 of the Criminal Procedure Code 2003).

2. Handling reports

2.1. Handling reports not in the criminal procedure field:

a) Reports clearly stating the name, address, and having a direct signature of the reporter (hereinafter referred to as named reports) shall be transferred to the person with the appropriate authority to resolve as stipulated in Article 18 of this Circular;

b) In cases where there is evidence suggesting that the resolution of the report is contrary to the law or exceeds the time limit without resolving the report, it shall be transferred to the immediate superior head of the person resolving the report for resolution in accordance with Article 69 of the Law on Complaints and Petitions;

c) In cases where the reporter has new evidence proving that the resolution is contrary to the law, it shall be transferred to the head of the Inspection Department at the same level as the immediate superior head of the person resolving the report for resolution in accordance with Clause 2 of Article 62 of the Law on Complaints and Petitions;

d) Anonymous reports without name, address, or unclear name and address; without a direct signature but a copied signature (hereinafter referred to as anonymous reports) or reports that have already been resolved by the competent authority and are reported again without new evidence shall not be resolved. The agency receiving such reports shall file the reports.

2.2. Handling reports in the criminal procedure field:

a) Reports unrelated to arrest, temporary detention, or pre-trial detention measures in the following specific cases shall be transferred to the head of the Investigative Agency at the same level as the accused (as stipulated in Article 337 of the Criminal Procedure Code 2003): - Reporting Deputy Heads of Investigative Agencies; - Reporting Investigators of Investigative Agencies.

b) Report to the Head of the Investigation Agency; Deputy Heads and Investigators of the Investigation Agency who have been resolved by the Head of the Investigation Agency but the reporter disagrees and has new evidence shall be transferred to the Head of the higher-level Investigation Agency directly in charge;

c) In cases where the report falls under specific circumstances as stipulated in Clause 1 and Clause 3, Article 337 and Article 339 of the Criminal Procedure Code 2003, it shall be immediately transferred to the People's Procuracy at the same level as the agency being reported against:

- Reports concerning acts of arrest, temporary detention, or temporary imprisonment by the Head, Deputy Head, and Investigators of the Investigation Agency;

- Reports on procedural acts of police officers authorized to conduct certain investigative activities shall be transferred to the Procuracy with authority to prosecute the offender if the person reported has conducted certain investigative activities;

d) Anonymous reports or reports that have already been resolved by authorized agencies or individuals within the Investigation Agency or the People's Procuracy and the reporter cannot provide new evidence shall not be resolved; the agency receiving the report shall retain the report;

Complaints and reports against police officers and agencies in criminal proceedings within the jurisdiction of the People's Procuracy, after transferring the complaint, must be proposed by the Head of the Police Investigation Agencies at all levels for the People's Procuracy to notify the resolution results;

3. Handling Petitions and Reflections

a) Petitions and reflections related to complaints and reports outside the scope of criminal proceedings that have been resolved or are currently being resolved by any police agency shall be the responsibility of that agency to examine and resolve (if the petition or reflection relates to a complaint, it shall be resolved according to the complaint resolution procedures; if it relates to a report, it shall be resolved according to the report resolution procedures);

b) Petitions and reflections related to complaints and reports within criminal proceedings that have been resolved or are currently being resolved by any investigation agency shall be transferred to that investigation agency for examination and resolution;

c) Petitions and reflections unrelated to complaints and reports within the jurisdiction of any police agency shall be transferred to that agency for examination and resolution; if they have already been jointly sent to the competent authority, the report shall be retained;

4. Handling Reports of Criminal Offenses

Reports of violations of laws with signs of criminal offenses, reports of criminal acts, and reports of criminal offenses shall be immediately transferred to the competent investigation agency for resolution in accordance with the Criminal Procedure Code (regardless of whether the report is anonymous or named);

Article 6. Handling Documents Not Within the Jurisdiction and Responsibility of the Police Agency

1. Complaints and petitions and reflections not within the jurisdiction and responsibility of the police agency shall be guided by the agency receiving the document to send the document to the competent agency or individual for resolution; if the complainant sends original documents and materials related to the complaint matter, the agency receiving the document shall return those documents and materials to the complainant along with the guidance letter (only guide once);

2. Complaints not within the jurisdiction and responsibility of the police agency but transferred by National Assembly Deputies, People's Council Deputies, Vietnam Fatherland Front and its member organizations, or news agencies and other agencies shall be returned to the transferring agency and notified in writing of the reasons for returning the document to that agency;

If a complaint not within the jurisdiction and responsibility of the police agency is received, which has been jointly sent to the competent agency or individual, or the content has been transferred to the competent agency or individual or has been guided, the document shall be retained;

3. Named reports of violations of laws without signs of criminal offenses by civil servants outside the Public Security Force; reports within the scope of criminal proceedings against civil servants in the prosecution agencies outside the Public Security Force shall be transferred to the direct Head of those civil servants and informed to the reporter (if requested);

Chapter III

COMPLAINTS AND COMPLAINT RESOLUTION

Section 1. COMPLAINTS AND SETTLEMENT OF COMPLAINTS AGAINST ADMINISTRATIVE DECISIONS AND ADMINISTRATIVE ACTIONS

Article 7. Authority to Resolve Complaints

1. The Head of Police Station, the Head of Police Ward, the Head of Police Town within the People's Internal Affairs Force establishment (referred to as the Head of Police Ward) shall handle the first complaint against their own administrative decisions and administrative actions, and those of officers and soldiers under their direct management.

2. The Head of Police District, County, City under Province, or City directly under the Central Government (referred to as the Head of Police District) shall handle:

a) Complaints against their own administrative decisions and administrative actions, and those of officers and soldiers under their direct management, except for complaints within the jurisdiction to resolve as stipulated in Clause 1 of this Article;

b) Complaints that the Head of Police Ward has already handled initially but still have complaints.

3. The Heads of Departments and Equivalent Units at the Provincial Police Level; the Warden of Prison; the Principal of Reformatory School; the Director of Educational Facility shall handle complaints against their own administrative decisions and administrative actions, and those of officers and soldiers under their direct management.

4. The Heads of Divisions, Directors of Bureaus, Heads of Units under the General Department or directly under the Minister, Deputy Minister, Director of Provincial Police, or Equivalent (referred to as the Director of Provincial Police) shall handle:

a) Complaints against their own administrative decisions and administrative actions;

b) Complaints that the Heads of Agencies and Units under their direct management have already handled initially but still have complaints.

5. The Minister shall handle:

a) Complaints against their own administrative decisions and administrative actions, and those of officers not holding positions (if any) under their direct management;

b) Complaints that the Director of General Department, Division Head, Bureau Director, Unit Head under the Minister; the Director of Provincial Police and Equivalent have already handled initially but still have complaints;

c) Complaints against the initial decision on handling complaints made by the Chairman of the Provincial People's Committee when the content of the complaint falls within the State management authority of the Ministry of Public Security.

Article 8. Complaint Procedure

A complaint must be submitted in writing. If the complainant presents the complaint in person, the receiving agency must require it to be written down. For complaints about administrative decisions or complaints about decisions on handling complaints, copies of the complained decision must be attached to the complaint. In cases where complaints are made through representatives or lawyers, the reasons must be clearly stated in the complaint and the relevant laws on complaints and denunciations must be strictly followed.

Article 9. Time Limit for Complaints

The time limit for complaints against administrative decisions and administrative actions shall be implemented according to the provisions of Article 31 of the Law on Complaints and Denunciations.

Article 10. Time Limit for Complaints and Right to Further Complaints, Right to Initiate Administrative Litigation at Court

1. The complainant has the right to file a second-level complaint with the competent authority if they disagree with the initial decision on handling complaints or if the complaint remains unresolved after the deadline for resolution has expired.

2. The complainant has the right to initiate administrative litigation at court if they disagree with the decision on handling complaints (initial or second-level) or if the complaint remains unresolved after the deadline for resolution has expired (except for complaints concerning political criteria, state secrets, or other provisions of the Ministry of Public Security).

3. The time limit for further complaints and the time limit for initiating administrative litigation at court is thirty days from the date of receipt of the decision on handling complaints or from the expiration of the deadline for resolving complaints without resolution; for remote areas with difficult access, the above time limit may be extended, but not exceeding forty-five days.

Article 11. Implementation of complaints through representatives

Implementation of complaints through representatives as prescribed in point a, Clause 1, Article 17 of the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Petitions 2005; at point b, c, Clause 1 and Clauses 2, 3, Article 1 of Decree No. 136/2006/NĐ-CP.

Article 12. Time limit for handling complaints

1. The time limit for resolving an initial complaint shall not exceed thirty days from the date of acceptance; for complex cases, the time limit for resolution shall not exceed forty-five days from the date of acceptance.

For remote areas with difficult travel conditions, the time limit for the first complaint resolution shall not exceed 45 days; for complex cases, the time limit for resolution shall not exceed 60 days.

2. The time limit for the second complaint resolution shall not exceed 45 days from the date of acceptance; for complex cases, the time limit for resolution shall not exceed 60 days. For remote areas with difficult travel conditions, the time limit for the second complaint resolution shall not exceed 60 days; for complex cases, the time limit for resolution shall not exceed 70 days.

Article 13. Acceptance of complaint petitions

1. Within ten days from the date of receipt of a complaint petition within its jurisdiction to resolve and which does not fall under any of the circumstances stipulated in Article 32 of the Law on Complaints and Petitions 2005, the Head of the competent Public Security agency must issue a document accepting the complaint case and notify the complainant, the person complained against, and the agencies, organizations, or individuals who transferred the petition in writing; if the conditions for acceptance are not met, it shall be handled according to the provisions of item c point 1.1 Clause 1 of this Circular.

2. Verification and conclusion of the content of complaints shall be carried out in accordance with the procedures for resolving complaints as prescribed in the Law on Complaints and Petitions and the Procedure for Resolving Complaints issued together with Decision No. 1371/2007/QĐ-BCA(V24) dated November 7, 2007 of the Ministry of Public Security. During the process of resolving complaints, dialogue must be organized in accordance with Article 9 of Decree No. 136/2006/NĐ-CP; the Head of the competent authority must issue a decision to resolve the complaint and publicly announce the decision to resolve the complaint in accordance with Articles 17 and 18 of Decree No. 136/2006/NĐ-CP; no other form such as letters or notifications may be used to respond instead of the decision to resolve the complaint.

3. Resolution of complaints regarding policies and benefits shall be carried out according to the procedures and formalities for resolving administrative decisions.

Section 2. COMPLAINTS AND RESOLUTION OF COMPLAINTS REGARDING DISCIPLINARY DECISIONS FOR PUBLIC SECURITY OFFICERS AND SOLDIERS

Article 14. Right to file complaints

1. Officers, non-commissioned officers, soldiers serving with a fixed term; students of Academies and Schools of Public Security (referred to as students) have the right to file complaints about disciplinary decisions as prescribed in Clauses 1, 2, 3, Article 15 of this Circular.

2. Public Security workers in the state budget payroll and contractual employees in the Public Security system have the right to file complaints about disciplinary decisions in accordance with the provisions on complaints and resolution of complaints about disciplinary decisions for officials and civil servants as stipulated in the Law on Complaints and Petitions 2005 and Decree No. 136/2006/NĐ-CP.

3. Officers, non-commissioned officers, soldiers serving with a fixed term and students mentioned in Clause 1 of this Article have the right to file complaints but are not entitled to initiate administrative litigation before the Administrative Court at any time.

Article 15. Competence to settle complaints

1. Regarding disciplinary decisions for officers, non-commissioned officers, and soldiers serving with a fixed term in the Public Security system

a) The Director of the Bureau, the Director of the Department, the Head of the unit directly subordinate to the Minister or directly subordinate to the General Department, the Director of the Provincial Public Security Department and equivalent positions shall resolve complaints about their own disciplinary decisions concerning officers, non-commissioned officers, and soldiers serving with a fixed term under their direct management;

b) The Director of the General Department shall resolve:

- Complaints about their own disciplinary decisions concerning officers, non-commissioned officers, and soldiers serving with a fixed term under their direct management;

- Complaints that the Director of the Bureau, the Director of the Department, the Head of the unit directly subordinate to the General Department have resolved initially but still have complaints. The decision to resolve complaints in this case is a decision with binding effect.

c) The Minister shall resolve:

- Complaints about his own disciplinary decisions concerning officers under his direct management;

- Complaints about the decisions to resolve complaints that the Director of the General Department, the Director of the Bureau, the Director of the Department, the Head of the unit directly subordinate to the Minister, the Director of the Provincial Public Security Department and equivalent positions have resolved initially but still have complaints.

2. Regarding disciplinary decisions for students

a) The Director of the Academy, the President of the University of Public Security shall resolve complaints about their own disciplinary decisions concerning students;

b) The Minister shall resolve complaints that the Director of the Academy, the President of the University of Public Security have resolved initially but still have complaints. The decision to resolve complaints in this case is a decision with binding effect;

c) The President of the Public Security College, the President of the Cultural School, the President of the Professional Training School shall resolve complaints about their own disciplinary decisions concerning students;

d) The Director of the General Department for Building Public Security Forces shall resolve complaints that the President of the Public Security College, the President of the Cultural School, the President of the Professional Training School have resolved initially but still have complaints. The decision to resolve complaints in this case is a decision with binding effect.

The General Department for Building Public Security Forces shall verify, conclude, and recommend solutions to complaints about disciplinary decisions within the jurisdiction of the Minister (except for complaints about the initial decision to resolve disciplinary complaints made by the Minister, if there are further complaints, the Inspectorate will assist the Minister in reviewing again in accordance with Article 3 of the Law on Complaints and Petitions). The decision to resolve complaints in this case is a decision with binding effect.

3. Regarding disciplinary decisions for Public Security workers

a) The Head of the Public Security agency shall resolve the initial complaint about the disciplinary decision for Public Security workers issued by himself;

b) In cases where further complaints continue, the immediate superior Head of the agency that initially resolved the complaint shall resolve it. The decision to resolve complaints in this case is a decision with binding effect.

Article 16. Complaint Procedure and Handling of Complaints

1. A complaint must be made in writing and signed directly by the complainant, and attached to the complaint must be a copy of the disciplinary decision or the decision resolving the previous complaint. In cases where the complaint is made through a representative or lawyer, the reasons must be clearly stated in the complaint and comply with the legal provisions on complaints and denunciations.

2. Within ten days from the date of receiving the complaint, if it falls within the jurisdiction and meets the conditions for acceptance, the head of the competent authority responsible for handling the complaint shall issue a document accepting the case to proceed with verification and conclusion of the complaint's content.

The acceptance of complaints and the resolution of complaints shall be carried out in accordance with the provisions of Article 13 of this Circular.

The time limit for resolving the first or second complaint shall not exceed thirty days from the date of acceptance. For complex cases, the resolution period shall not exceed forty-five days from the date of acceptance.

Article 17. Time Limit for Filing a Complaint, Subsequent Complaint Time Limit, and Initiating Administrative Litigation at the Court

1. The time limit for filing a complaint is fifteen days from the date of receipt of the disciplinary decision.

In cases where the complainant encounters objective obstacles such as illness, natural disasters, enemy activities, business trips, distant study, or other objective obstacles, the time of such obstacles shall not be counted towards the complaint time limit but must be confirmed by the People's Committee of the commune, ward, health facility, or the head of the agency or unit where the complainant resides or works.

2. The subsequent complaint time limit when the complainant disagrees with the decision resolving the first complaint is ten days from the date of receipt of the decision.

3. Police employees who file a complaint against a disciplinary decision to terminate employment, after filing the complaint and the competent authority handling the first complaint still maintains the original disciplinary form, have the right to file a subsequent complaint to the next competent authority or initiate administrative litigation at the court according to the provisions of Article 30 of Decree No. 136/2006/NĐ-CP.

Chapter IV

DENUNCIATION AND RESOLUTION OF DENUNCIATIONS NOT FALLING WITHIN THE CRIMINAL PROCEEDINGS DOMAIN

Article 18. Competence to Resolve Denunciations

1. The Head of the Police Department at the district level resolves denunciations against the Heads and Deputy Heads of the Police Departments at the ward level and police officers under their direct management, including those at the ward-level Police Departments.

2. The Heads of Departments and equivalent units under the Police Department at the provincial level resolve denunciations against police officers under their direct management.

3. The Director of the Police Department at the provincial level and equivalent resolves denunciations against the Heads and Deputy Heads of units under the Police Department at the provincial level (including the Heads and Deputy Heads of Police Departments at the district level).

4. The Heads of Divisions, Directors of Bureaus, and Heads of subordinate units under the General Department resolve denunciations against non-official police officers under their direct management.

5. The Heads of Divisions, Directors of Bureaus, and Heads of units under the Minister resolve denunciations against police officers from the Department level downwards under their direct management.

6. The Director-General of the General Department resolves denunciations against the Heads and Deputy Heads of Departments, and officials holding positions equivalent to the Department level at Divisions, Bureaus, and subordinate units under the General Department.

7. The Minister resolves denunciations against the Heads and Deputy Heads of General Departments, Divisions, and Bureaus directly under the Minister or under the General Department; Directors and Deputy Directors of Police Departments at the provincial level and equivalent, or senior specialists directly managed by the Minister (if any).

Article 19. Complaint Procedure and Handling of Complaints

1. The complainant must submit a written complaint with full name and address, or directly lodge a complaint at the competent authority. In this case, the person receiving the complaint must record it in writing for the complainant to sign or affix their fingerprint.

For complaints that have been resolved by the competent authority, if the complainant lodges another complaint without new evidence, such complaints will not be considered or resolved according to point c, Clause 1, Article 38 of Decree No. 136/2006/NĐ-CP (except where otherwise provided by law).

2. The time limit for resolving complaints shall not exceed sixty days from the date of acceptance; for complex cases, the resolution period shall not exceed ninety days.

3. The person handling the complaint has the responsibility to notify the complainant of the resolution result if requested; promptly apply measures to protect the complainant and prevent potential harm, and handle the violator according to the provisions of the law.

4. If the complainant has grounds to believe that the complaint resolution was not in accordance with the law or exceeded the prescribed time limit without being resolved, they have the right to lodge a complaint with the superior authority of the complaint resolver according to Article 69 of the Law on Petitions and Complaints. The authority receiving such complaints should pay attention to avoid treating them as appeals and not resolve them through appeal procedures, but instead the immediate superior authority of the complaint resolver must assign the same-level inspection agency to verify and conclude on the implementation of the law regarding the complaint resolution.

5. The accused has the right to appeal (according to Article 53 of the Inspection Law) against the decision or act of the Head or member of the Verification Team when performing verification tasks if there is evidence that such decision or act is contrary to the law; appeal against the Head of the Inspection Agency or the Head of the competent authority resolving the complaint regarding the conclusion or decision on the complaint if there is evidence that such conclusion or decision is contrary to the law.

Appeals and resolution of appeals in this case shall be carried out according to the jurisdiction, procedure, and appeal procedures for administrative decisions and acts. While waiting for the appeal to be resolved, the appellant must still comply with the decisions they are appealing.

6. The verification, conclusion, and recommendation of measures to handle complaints shall be carried out according to the provisions of the law on Petitions and Complaints. A decision to handle the complaint shall only be issued when the accused has committed an offense and disciplinary action or other measures as prescribed by law are required. In other cases, no decision to handle the complaint shall be issued, but only a response letter shall be sent to the complainant (if requested), the accused, and the responsible agencies or individuals.

Chapter V

RESPONSIBILITIES OF AUTHORITIES IN RECEIVING, HANDLING AND RESOLVING PETITIONS AND COMPLAINTS

Article 20. Responsibilities of Heads of Police Levels

Heads of Police levels are responsible for directing the work of receiving, classifying, handling, resolving, and managing petitions and complaints within their jurisdiction.

Article 21. Responsibilities of Inspection Agencies and Other Functional Agencies in Receiving, Classifying, Handling, Resolving and Managing Petitions and Complaints

1. Inspectors at all levels of the Police have the responsibility:

a) Receive, classify, handle, verify, conclude, and recommend solutions for petitions and complaints within the jurisdiction of the same-level Police Head according to the laws on Petitions and Complaints and the provisions of this Circular;

b) Uniformly manage petitions and complaints within the jurisdiction of the same-level Police Head;

c) Urge, inspect, and guide the work of receiving, handling, resolving, and managing petitions and complaints within the jurisdiction of subordinate Police Heads;

d) Detect and verify, conclude on signs of law violations by direct subordinates of the same-level Police Head during the resolution of non-criminal proceedings complaints (excluding complaints about political standards and policy systems handled by the Force Building Agency for verification and conclusion).

2. The Force Building Agency in the Public Security Force has the responsibility:

a) Receive, classify, and handle petitions and complaints; verify, conclude, and recommend solutions for appeals against disciplinary decisions and policy system decisions (collectively referred to as appeals within the scope of force building work) within the jurisdiction of the same-level Police Head;

b) Coordinate with the Inspection Agency and the Party's Inspection Committee at the same level to verify, conclude, and uniformly recommend solutions for petitions and complaints involving both professional work content and force building work content in the Public Security Force;

c) Urge the verification, conclusion, and resolution of petitions and complaints within the scope of force building work by subordinate Police Heads.

3. The Office of the Ministry of Public Security, the Office of Provincial Public Security have the responsibility:

a) Receive, classify, and transfer complaints and petitions received from various sources to the same-level Inspection Agency for handling;

b) Receive, classify, handle, manage, and recommend the same-level Police Head with the appropriate authority to resolve public opinion and media reflected complaints and appeals; report the handling of complaints and appeals and their results to the same-level Inspection Agency and Force Building Agency for unified management of complaint resolution work and to serve personnel management;

4. Investigation Agencies at all levels in the Public Security Force are responsible for receiving, resolving, and managing complaints and appeals in criminal proceedings and crime reports, information reports, and prosecution recommendations transferred by state agencies and responding to the complainants and petitioners according to the Criminal Procedure Law; simultaneously reporting the resolution results to the same-level Inspection Agency to assist the same-level Head in monitoring the resolution of criminal proceedings complaints and notifying the transferring agency according to Article 71 of the Law on Petitions and Complaints.

5. The head of the Public Security agency with the authority to handle complaints and reports shall base their decision to establish an Investigation Team or an Investigation Group to verify and conclude on the content of the complaint and report on the nature, scope, and relevance of the case.

The Inspector General and other heads of functional agencies at various levels of Public Security, when assigned by the head with the authority to handle reports to verify the content of the report, must issue a decision to establish an Investigation Team or an Investigation Group to conduct verification, conclude, and recommend measures for handling the report.

Chapter VI

HANDLING AND RESOLVING PETITIONS INVOLVING THE AUTHORITY OF MULTIPLE AGENCIES AND PETITIONS WITH MULTIPLE CONTENTS

Article 22. Petitions involving the authority of multiple agencies and units within Public Security

Reports that do not fall under criminal proceedings but are related to the authority of multiple agencies and units within Public Security, if directly managed by the Minister, the Minister decides the competent agency to resolve; if managed by the Director of the Provincial Public Security, the Director decides the competent agency to resolve.

Article 23. Petitions containing multiple contents not falling under criminal proceedings

1. If the main content is a complaint, it shall be resolved according to the procedures and formalities for resolving complaints, but still must conclude on the content of the report.

2. If the main content is a report, it shall be resolved according to the procedures and formalities for resolving reports, but still must conclude on the content of the complaint.

3. In cases where it cannot be determined which content is primary or where the complaint and report are unrelated, separate the content of the complaint and the content of the report for resolution; resolve the complaint content according to the procedures and formalities for resolving complaints; resolve the report content according to the procedures and formalities for resolving reports.

4. Complaints related to certain activities within specialized fields (press, radio, television, publishing, copyright...) for which there are legal documents stipulating complaints and resolution procedures shall be resolved according to those legal documents.

Article 24. Petitions with multiple contents and different resolution authorities

Petitions containing both complaint and report content, some falling under criminal proceedings and others not, shall have their respective contents separated and resolved according to the procedures and formalities prescribed by law.

Chapter VII

MANAGEMENT OF COMPLAINT AND REPORT RESOLUTION WORK

Article 25. Management of complaint and report resolution work

1. The Minister of Public Security shall implement state management over complaint and report resolution work within their jurisdiction. The content of state management over complaint and report resolution work shall be carried out in accordance with Articles 80 and 82 of the Law on Complaints and Reports.

2. Heads of Public Security at all levels shall be responsible to their immediate superiors for managing complaint and report resolution work and receiving citizens within their jurisdiction.

3. The Inspectorate of the Ministry assists the Minister in uniformly managing state affairs regarding complaint and report resolution work not falling under criminal proceedings throughout the People's Public Security force; assists the Minister in monitoring the results of complaint and report resolution work falling under criminal proceedings at the Ministry of Public Security.

4. Inspectors of Provincial Public Security, Inspectors of County Public Security, Inspectors of General Departments, Bureaus, and units subordinate to the Minister assist their respective heads in uniformly managing state affairs concerning complaint and report resolution work not falling under criminal proceedings within their units and localities; assist their respective heads in monitoring the results of complaint and report resolution work falling under criminal proceedings within their units and localities. Monthly, every six months, and annually, they are responsible for assisting their respective heads in reporting the results of complaint and report resolution to their immediate superiors (through the Inspectorate organization).

5. Investigative agencies and agencies tasked with conducting certain investigative activities within the People's Public Security force are responsible for state management over complaint and report resolution work falling under criminal proceedings within their units and localities. Monthly, every six months, and annually, they must report the results of complaint and report resolution to their respective heads (through the Inspectorate organization).

6. Complaints and reports not falling under criminal proceedings at various units and localities must be centralized at the Inspectorate organization of the same level of Public Security to uniformly manage them in accordance with this Circular.

Article 26. Periodic Reporting

1. Monthly reports on complaints and appeals and their resolution from subordinate units of the General Department, the Corps Command, the Investigation Police Agency, the Security Investigation Agency under the Ministry of Public Security, provincial-level police forces and equivalent entities shall be reported to the immediate superior head (sent through the same-level Inspection Agency) on the 15th of each month;

2. Monthly reports on complaints and appeals and their resolution from the General Department, the Corps Command, the Ministry Office, provincial-level police forces and equivalent entities, the Investigation Police Agency and the Security Investigation Agency under the Ministry of Public Security, and subordinate units of the Ministry shall be reported to the Minister (sent through the Ministry's Inspection Agency) on the 20th of each month, with six-monthly reports submitted on the 25th of the last month;

3. Ad hoc reports must be sent promptly according to requests, without regard to time limits.

Chapter VIII

REWARD AND VIOLATION HANDLING

Article 27. Awards

1. Heads of agencies, individuals with authority, and officers assigned tasks to verify, review, and conclude the content of complaints and appeals who achieve notable results in resolving complaints and appeals shall be awarded according to the provisions of the law.

2. Agencies, organizations, and individuals related to complaints and appeals and their resolution involving the People's Internal Security Forces (CAND) who assist the CAND in effectively resolving complaints and appeals and preventing corruption shall be awarded according to the provisions of the law.

Article 28. Handling Violations of Law in Complaints and Appeals

1. Police officers who commit acts violating the provisions of Articles 96, 98, 99, and 100 of the Law on Complaints and Appeals or other legal provisions on complaints and appeals shall be subject to disciplinary measures currently in force within the CAND depending on the nature, degree of violation, and consequences caused. If there are signs of criminal offenses, they will be handled according to the provisions of the criminal law; if damage is caused, compensation must be provided according to the law.

2. Citizens have the right to file complaints and appeals as stipulated by the Law on Complaints and Appeals, but if they abuse this right to violate the law or for personal motives deliberately make false accusations, they will be dealt with according to the current legal provisions based on the degree of violation.

Chapter IX

IMPLEMENTING PROVISIONS

Article 29. Effective Date

This Circular takes effect 45 days after its publication in the Official Gazette and replaces Circular No. 08/2007/TT-BCA(V24) dated July 24, 2007, issued by the Minister of Public Security guiding the handling of complaints and appeals within the CAND.

Article 30. Responsibility for Implementation

1. The heads of public security agencies at all levels are responsible for organizing the implementation of this Circular. Inspection agencies at all levels of public security are responsible for providing guidance, monitoring, and urging implementation within their units and localities.

2. In the course of implementation, if there are any difficulties, Public Security units and localities shall report to the Ministry (through the Ministry Inspectorate) for guidance or timely amendment and supplementation./.