Circular No. 68/2013/TT-BCA guiding the handling of complaints, suggestions, and reflections; resolving complaints and managing complaint resolution work in the People's Public Security force

CIRCULAR

Guidelines for handling complaints, suggestions, and reflections; resolving complaints

and managing complaint resolution work in the People's Public Security

____________________

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

Pursuant to the Criminal Enforcement Law on June 17, 2010; Pursuant to the Criminal Procedure Code on November 26, 2003;

Pursuant to Decree No. 75/2012/NĐ-CP dated October 3, 2012, of the Government detailing certain provisions of the Law on Complaints;

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; In accordance with the proposal of the Inspector General of the Ministry of Public Security; The Minister of Public Security issues this Circular guiding the handling of complaints, suggestions, and reflections; resolving complaints; and managing complaint resolution work in the People's Public Security.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular guides the receipt, classification, and handling of complaints, suggestions, and reflections; resolving complaints; managing complaint resolution work; and dealing with violations of laws related to complaints in the People's Public Security.

Article 2. The resolution of complaints in criminal proceedings and criminal enforcement does not fall within the scope regulated by this Circular.

Article 2. Applicability

Article 3. Organizations, units, and individuals with authority to receive, classify, and handle complaints, suggestions, and reflections or resolve complaints in the People's Public Security.

Article 4. Complainants, respondents; organizations, units, and individuals related to the resolution of complaints in the People's Public Security.

Article 3. Application of laws on complaints and complaint resolution

Article 1. Complaints from foreign organizations, individuals in Vietnam and the resolution of such complaints within the jurisdiction of the People's Public Security shall be governed by the Law on Complaints 2011, Decree No. 75/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions of the Law on Complaints (hereinafter referred to as Decree No. 75/2012/NĐ-CP), and this Circular, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Article 2. Where other laws provide differently regarding complaints and complaint resolution, such laws shall apply.

Chapter II

RECEIVING, CLASSIFYING AND HANDLING COMPLAINTS,

SUGGESTIONS, REFLECTIONS

Article 4. Receiving complaints, suggestions, and reflections

Clause 1. Complaints, suggestions, and reflections are received from the following sources:

Point a) From the leadership of the Party, State, National Assembly deputies, People's Council representatives, the Vietnam Fatherland Front and its member organizations, news agencies, and other relevant agencies in accordance with the law;

Point b) From individuals, organizations, and entities coming directly to public security agencies to file complaints (hereinafter collectively referred to as complainants);

Point c) Sent through postal services and other sources.

Clause 2. After receiving complaints, suggestions, reflections, or documents containing complaint contents (hereinafter collectively referred to as complaints) from the sources specified in Clause 1 of this Article, organizations, units, and individuals must record them in a logbook and enter them into the computer database for management and tracking; they must stamp "Received" and clearly note the date of receipt. Staff responsible for handling or persons authorized to resolve have the responsibility to preserve, prevent damage, loss, alteration of form, and content of the complaints.

Article 5. Classifying complaints, suggestions, and reflections

Clause 1. A complaint against an administrative decision or administrative act of an organization, unit, police officer, or soldier of the Public Security is when the complainant, according to procedures prescribed by the law on complaints, requests an organization, unit, or individual with authority in the People's Public Security to review an administrative decision or administrative act if there is evidence that such decision or act is contrary to the law, infringing upon their legitimate rights and interests.

Clause 2. A complaint against a disciplinary decision for officers, non-commissioned officers, soldiers serving on a fixed-term basis, students, and workers of the Public Security (hereinafter collectively referred to as Public Security personnel) is when Public Security personnel, based on regulations of the Ministry of Public Security and procedures prescribed by the law on complaints, request an organization, unit, or individual with authority in the People's Public Security to review a disciplinary decision if there is evidence that such decision is contrary to the law, infringing upon their legitimate rights and interests.

Clause 3. A complaint about policies, planning, appointment, transfer, enrollment, recruitment, political standards, commendation and reward (hereinafter collectively referred to as policy complaints) is when Public Security personnel, based on regulations of the Ministry of Public Security and procedures prescribed by the law on complaints, request the head of an organization, unit, or individual with authority in the People's Public Security to review a policy decision if there is evidence that such decision is contrary to the law, contrary to the regulations of the Ministry of Public Security, infringing upon their legitimate rights and interests.

Clause 4. A complaint against a decision or procedural act in criminal proceedings is when the complainant, according to procedures stipulated in Chapter XXXV of the Criminal Procedure Code 2003, requests an organization, unit, or individual with authority in the People's Public Security to review a decision or procedural act of an organization or person authorized to conduct criminal proceedings in the People's Public Security if there is evidence that such decision or act is contrary to the law, infringing upon their legitimate rights and interests.

Clause 5. A complaint against a decision or act of an organization, unit, or individual with authority to enforce criminal sentences is when the person executing the criminal sentence and other related organizations, entities, or individuals, according to procedures stipulated in Section 1 of Chapter XIII of the Criminal Enforcement Law 2010, request an organization, unit, or individual with authority in the People's Public Security to review a decision or act of an organization, entity, or individual with authority to enforce criminal sentences if there is evidence that such decision or act is contrary to the law, infringing upon their legitimate rights and interests.

Clause 6. Suggestions and reflections are when individuals, organizations, or entities provide information, express opinions, wishes, and propose solutions to organizations, units, or individuals with authority in the People's Public Security regarding issues related to the implementation of policies, laws, and management of areas under the responsibility of public security organizations and units.

Article 6. Handling complaints, suggestions, and reflections within the jurisdiction of the People's Public Security

1. Handling complaints about administrative decisions and administrative acts:

a) Complaints about administrative decisions and administrative acts within the jurisdiction of the head of which level of public security agency, if not falling under any of the cases stipulated in Article 11 of the Law on Complaints 2011, the handling officer shall propose to the head of that level of public security agency to accept and resolve according to the provisions of the law. If the complaint falls under any of the cases stipulated in Article 11 of the Law on Complaints 2011, it will not be accepted but must be notified in writing and the reasons for non-acceptance must be clearly stated to the complainant;

b) In cases where the complaint about an administrative decision or administrative act does not fall within the jurisdiction of the head of the public security agency at their own level, but falls within the responsibility of the People's Public Security, the handling officer shall base on the authority stipulated in Article 9 of this Circular to propose to the head of their own level of public security agency to transfer the complaint to the head of the public security agency with the appropriate authority to examine and resolve, and must notify in writing the complainant, the agency, organization, or individual who transferred the complaint; simultaneously notifying the transfer of the complaint to the inspection organization at the same level as the agency or unit responsible for resolving the complaint to assist the head at the same level in monitoring and managing the resolution results;

c) In cases where the public security agency receives a complaint about an administrative decision or administrative act within the jurisdiction of the head of the directly subordinate lower-level public security agency, but beyond the prescribed time limit, if the initial complaint has not been resolved and meets the conditions stipulated in Clause 1, Article 33 of the Law on Complaints 2011, the handling officer shall propose to the head of the receiving public security agency to accept and resolve; while notifying in writing the complainant, the agency, organization, or individual who transferred the complaint.

2. Handling complaints about disciplinary decisions:

a) Complaints about disciplinary decisions of police officers under the jurisdiction of the head of which level of public security agency, the handling officer shall propose to the head of that level of public security agency to accept and resolve according to the provisions of the law;

b) Complaints about disciplinary decisions of police officers if not within the jurisdiction of the head of the public security agency at their own level, the handling officer shall base on the authority stipulated in Article 14 of this Circular to propose transferring to the head of the public security agency with the appropriate authority to examine and resolve.

3. Handling complaints about policies and benefits:

Complaints about policies and benefits of police officers within the jurisdiction of the head of which level of public security agency shall be transferred to the force construction agency at that level to propose handling and resolving according to the authority.

4. Handling complaints about criminal procedural decisions and criminal procedural acts of agencies and persons authorized to conduct criminal proceedings within the People's Public Security:

a) Complaints about criminal procedural decisions and criminal procedural acts of investigators, Deputy Heads, and Heads of investigation agencies shall be handled according to the provisions of Article 329 of the Criminal Procedure Code 2003;

b) Complaints about the investigative conclusion of a Deputy Head of an investigation agency shall be transferred to the Head of the same-level investigation agency for resolution. In cases where the complaint is about the investigative conclusion of the Head of an investigation agency, it shall be transferred to the same-level People's Procuracy for resolution;

c) Complaints about criminal procedural decisions and criminal procedural acts of persons authorized to conduct certain investigative activities within the People's Public Security shall be carried out according to the provisions of Article 332 of the Criminal Procedure Code 2003;

d) Complaints related to the application of arrest, temporary detention, and pre-trial detention measures shall be carried out according to the provisions of Article 333 of the Criminal Procedure Code 2003.

5. Handling complaints about decisions and acts of agencies and individuals authorized to enforce criminal sentences:

Complaints about decisions and acts of agencies and individuals authorized to enforce criminal sentences, if not within the jurisdiction of the head of the public security agency at their own level, the handling officer shall base on the authority stipulated in Article 152 of the Law on Enforcement of Criminal Sentences 2010 to propose transferring the complaint to the head of the public security agency with the appropriate authority to examine and resolve.

6. Handling suggestions and reflections:

a) Suggestions and reflections related to complaints being handled by which public security agency shall be the responsibility of that agency to examine and respond to the person making the suggestion or reflection;

b) Other suggestions and reflections within the jurisdiction of which public security agency shall be transferred to that agency for examination and resolution; if already forwarded to the agency with the appropriate authority to resolve, the complaint shall be filed.

Article 7. Handling Petitions with Multiple Contents Under Different Levels of Authority in the People's Public Security

For petitions containing multiple contents related to various fields and under different levels of authority within the People's Public Security, where there are complaints, officers shall base their handling on the complaint resolution authority stipulated in the Law on Complaints 2011, Decree No. 75/2012/ND-CP, and this Circular, and propose transferring the complaint content to the head of the competent public security agency for resolution according to the complaint resolution procedures; other contents shall be proposed to be transferred to the head of the competent public security agency for resolution in accordance with the provisions of the law.

Article 8. Handling Petitions, Suggestions, and Reflections Not Within the Scope of Authority of the People's Public Security

1. For petitions, suggestions, and reflections not within the scope of authority of the People's Public Security, the agency or unit receiving the petition shall guide the complainant, suggester, or reflector to submit the petition to the competent agency, organization, or individual; if original documents or materials are received, the agency or unit receiving the petition shall return these documents or materials to the complainant, suggester, or reflector along with the guidance letter.

2. For petitions, suggestions, and reflections not within the scope of authority of the People's Public Security but forwarded by National Assembly deputies, People's Council deputies, Vietnam Fatherland Front Committee, its member organizations, or news agencies, the agency or unit receiving the petition shall return it to the agency, organization, or individual that forwarded it and notify them in writing of the reasons.

3. In cases where petitions, suggestions, or reflections not within the scope of authority of the People's Public Security have been concurrently submitted to the competent agency, organization, or individual; the petition lacks a signature; the signature is not direct; or the content has already been processed or guided, the petition shall be filed.

Chapter III

SETTLEMENT OF COMPLAINTS

Section 1

RESOLUTION OF ADMINISTRATIVE DECISIONS,

ADMINISTRATIVE ACTIONS

Article 9. Authority to Resolve Complaints

1. The Chief of Police Station within the People's Public Security establishment, the Chief of Police Post, and the Chief of Police Ward (hereinafter collectively referred to as the Chief of Police Ward) shall resolve initial complaints against administrative decisions and administrative actions made by themselves and directly managed police officers.

2. The Chief of District Police, County Police, Town Police, and City Police under Province (hereinafter collectively referred to as the Chief of District Police) shall resolve:

a) Initial complaints against administrative decisions and administrative actions made by themselves and directly managed police officers, except those covered by the authority stipulated in Clause 1 of this Article;

b) Second-level complaints against administrative decisions and administrative actions initially resolved by the Chief of Police Ward but still subject to further complaints or initial complaints that have exceeded the prescribed time limit without resolution.

3. The Head of Department and equivalent unit heads at the department level within the Public Security, Provincial Fire Prevention and Control Departments; Warden of Prison; Principal of Educational Center; Director of Educational Facility shall resolve complaints against administrative decisions and administrative actions made by themselves and directly managed police officers.

4. The Heads of units subordinate to the Ministry or General Department shall resolve complaints against administrative decisions and administrative actions made by themselves and administrative actions made by directly managed police officers.

5. The General Department Director, Public Security Director, and Provincial Fire Prevention and Control Directors shall resolve:

a) Initial complaints against administrative decisions and administrative actions made by themselves and directly managed police officers;

b) Second-level complaints against administrative decisions and administrative actions initially resolved by the directly managed agency or unit but still subject to further complaints or initial complaints that have exceeded the prescribed time limit without resolution.

6. The Minister shall resolve:

a) Initial complaints against administrative decisions and administrative actions made by themselves and directly managed non-officer staff (if any);

b) Second-level complaints against administrative decisions and administrative actions initially resolved by the General Department Director, directly subordinate unit heads; Public Security Director, and Provincial Fire Prevention and Control Directors but still subject to further complaints or initial complaints that have exceeded the prescribed time limit without resolution;

c) Second-level complaints against administrative decisions and administrative actions within the scope of management authority of the Ministry of Public Security initially resolved by the Chairman of the Provincial People's Committee but still subject to further complaints or initial complaints that have exceeded the prescribed time limit without resolution.

Article 10. Handling complaints

1. Handling complaints with multiple contents:

a) In cases where the complaint letter contains both complaint and accusation contents, if the complaint content is the main focus, the head of the competent police agency or unit shall conduct verification and conclusion according to the procedures and methods for handling complaints; at the same time, they must verify and conclude according to the provisions of the law on procedures and methods for handling accusations if the accusation content falls within their jurisdiction. If the accusation content does not fall within their jurisdiction, it shall be transferred to the head of the competent police agency or unit for handling according to the provisions of the law on accusations;

b) In cases where it cannot be determined which content is the main focus or the complaint and accusation contents are unrelated, each content shall be separated and handled according to the procedures and methods prescribed by law.

2. Procedures and methods for handling complaints against administrative decisions and administrative acts shall be carried out according to the provisions of Sections 2 and 3 of Chapter III of the Complaint Law 2011 and the complaint resolution process of the Ministry of Public Security.

The head of the competent police agency or unit must issue a decision to handle the complaint according to the provisions of Articles 31 and 40 of the Complaint Law 2011, and shall not use circulars, notifications, or any other form to respond instead of a decision to handle the complaint.

3. Sending and publicizing the decision to handle the complaint:

a) The sending of the decision to handle the complaint shall be carried out according to the provisions of Article 32 and Clause 1 of Article 41 of the Complaint Law 2011;

b) The second publicizing of the decision to handle the complaint shall be carried out according to the provisions of Clause 2 of Article 41 of the Complaint Law 2011 and Article 12 of Decree No. 75/2012/NĐ-CP. Announcements of the decision to handle the complaint on mass media, electronic information portals, websites; posting at the workplace or place of receiving citizens of the agency or unit that has resolved the complaint for complaints containing contents related to political standards, policy systems, State secrets lists, or other regulations of the Ministry of Public Security shall not be implemented.

4. Handling complaints about policies shall be carried out according to the authority, procedures, and methods for handling complaints about administrative decisions and administrative acts prescribed in Chapter III of the Complaint Law 2011, Article 3 of Decree No. 75/2012/NĐ-CP, and Section 1 of Chapter III of this Circular. Officers, non-commissioned officers, conscripts serving for a limited period, and students have the right to complain about policies but are not allowed to initiate administrative litigation before the Administrative Court.

Article 11. Establishing Advisory Boards

For complex complaint cases, if necessary, the head of the competent police agency or unit resolving the second-level complaint may establish an Advisory Board to seek opinions on resolving the complaint.

The Advisory Board consists of persons with expertise in the field related to the complaint content and others deemed necessary by the person handling the complaint. The opinion of the Advisory Board is one of the bases for the head of the competent police agency or unit resolving the second-level complaint to consider and conclude on the complaint content.

Article 12. Effectiveness of the decision resolving administrative complaints about administrative decisions and administrative acts

1. The first administrative complaint resolution decision shall take legal effect thirty days from the date of issuance if the complainant does not file a second administrative complaint. The second administrative complaint resolution decision shall take legal effect thirty days from the date of issuance. For remote areas with difficult access, this period may be extended but not exceeding forty-five days from the date of issuance of the first administrative complaint resolution decision or the second administrative complaint resolution decision.

2. If the complainant disagrees with the administrative complaint resolution decision, they have the right to initiate an administrative lawsuit at the Administrative Court in accordance with the Administrative Procedure Code 2010.

3. An administrative complaint resolution decision that takes legal effect shall be immediately enforceable.

Section 2

RESOLUTION OF COMPLAINTS ABOUT DISCIPLINARY DECISIONS FOR POLICE OFFICERS AND SOLDIERS

Article 13. Right to file complaints, right to initiate administrative lawsuits at the Administrative Court

1. Officers, non-commissioned officers, soldiers serving on a fixed term, and students at police schools have the right to file complaints about disciplinary decisions with the competent authority within the police force in accordance with the Complaint Law 2011 and this Circular, but they are not entitled to initiate administrative lawsuits at the Administrative Court.

2. Police workers in the state budget payroll have the right to file complaints about disciplinary decisions in accordance with the provisions on complaints and the resolution of complaints about disciplinary decisions for officials and civil servants under Chapter IV of the Complaint Law 2011 and Article 4 of Decree No. 75/2012/ND-CP. In cases where a police worker is disciplined with compulsory termination of employment and disagrees with the resolution of the complaint regarding the disciplinary decision for compulsory termination of employment or if the initial and second complaint resolution periods under Article 50 of the Complaint Law 2011 have expired without resolution, they have the right to initiate an administrative lawsuit at the Administrative Court in accordance with the Administrative Procedure Code 2010.

Article 14. Competence to resolve complaints

1. Regarding disciplinary decisions for officers, non-commissioned officers, and soldiers serving on a fixed term in the People's Public Security Force:

a) Wardens of detention centers, directors of educational facilities, principals of rehabilitation schools; Chiefs of public security offices at district level, heads of departments and equivalent units at department level under the public security force, provincial fire prevention and firefighting services directly under the central government shall resolve the first complaint against their own disciplinary decisions concerning officers, non-commissioned officers, and soldiers serving on a fixed term under their direct management.

b) Heads of units directly under the Ministry or General Department shall resolve the first complaint against their own disciplinary decisions concerning officers, non-commissioned officers, and soldiers serving on a fixed term under their direct management.

c) Directors of public security offices, directors of provincial fire prevention and firefighting services directly under the central government shall resolve the first complaint against their own disciplinary decisions concerning officers, non-commissioned officers, and soldiers serving on a fixed term under their direct management; resolve complaints against disciplinary decisions resolved initially by the Chief of public security office at district level, head of department and equivalent unit at department level under the public security force, provincial fire prevention and firefighting services directly under the central government but still subject to further complaints.

d) General Department Heads shall resolve the first complaint against their own disciplinary decisions concerning officers, non-commissioned officers, and soldiers serving on a fixed term under their direct management; resolve complaints against disciplinary decisions resolved initially by the heads of units directly under the General Department but still subject to further complaints.

e) Ministers shall resolve the first complaint against their own disciplinary decisions concerning officers under their direct management; resolve complaints against disciplinary decisions resolved initially by the General Department Head, head of unit directly under the Ministry, Director of public security office, director of provincial fire prevention and firefighting services directly under the central government but still subject to further complaints.

2. For disciplinary decisions concerning students:

a) Directors of academies, principals of police schools shall resolve the first complaint against their own disciplinary decisions concerning students.

b) General Department Heads of the General Department for Building Police Forces shall resolve complaints against disciplinary decisions resolved initially by the Directors of academies, principals of police schools but still subject to further complaints.

3. For disciplinary decisions concerning Public Security workers:

a) Heads of public security agencies and units with the authority to manage police workers according to the classification shall resolve the first complaint against their own disciplinary decisions.

b) Heads of superior agencies directly above the managing agency shall resolve complaints in cases of further complaints.

Article 15. Handling Complaints

The procedures for resolving the first and second complaints about disciplinary decisions shall be carried out in accordance with Chapter IV of the Complaint Law 2011 and the complaint resolution process of the Ministry of Public Security.

During the complaint resolution process, dialogue must be organized in accordance with Article 53 and Clause 3 of Article 55 of the Complaint Law 2011; the head of the public security agency or unit with the authority must issue a complaint resolution decision and send the complaint resolution decision to the complainant, relevant individuals, and units in accordance with Article 54 and Article 56 of the Complaint Law 2011; no other forms such as letters or notifications can be used instead of the complaint resolution decision.

Article 16. Effectiveness of the decision resolving complaints about disciplinary decisions for officers, non-commissioned officers, enlisted personnel serving on a fixed term, and students

1. The first complaint resolution decision shall take legal effect thirty days from the date of issuance if the complainant does not file a second complaint within that period. The second complaint resolution decision shall take legal effect thirty days from the date of issuance.

2. A complaint resolution decision with legal effectiveness shall be immediately enforceable.

Chapter IV

RESPONSIBILITIES OF THE AUTHORITIES IN RECEIVING,

HANDLING, RESOLVING AND MANAGING COMPLAINTS

Article 17. Responsibilities of Heads of Police at all levels

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

2. In cases where the first complaint resolution decision of the Minister regarding regulations and policies, and disciplinary actions for officers under direct management still faces complaints, the Minister shall assign the Inspectorate to lead, in coordination with the General Department of Force Building of the People's Public Security to assist the Minister in reviewing and reconsidering.

Article 18. Responsibilities of functional agencies in receiving, handling, resolving and managing complaints

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

a) To receive, classify, handle complaints, suggestions, and reflections transferred from various sources; verify, conclude, and recommend the resolution of the second complaint as stipulated in Clauses 1, 2, and 3 of Article 5 of this Circular, within the authority of the Head of Police at the same level;

b) To uniformly manage complaints as stipulated in Clauses 1, 2, and 3 of Article 5 of this Circular, within the authority of the Head of Police at the same level;

c) To assist the Head of Police at the same level in monitoring, inspecting, urging, guiding the receipt, classification, handling, resolution, and management of complaints, suggestions, and reflections, enforcing the complaint resolution decisions with legal effect of the lower-level Head of Police outside the criminal procedure and criminal enforcement fields;

d) In cases where violations of laws on complaints causing damage to state interests, legitimate rights and interests of citizens, agencies, and organizations are discovered, they shall recommend the Head of Police at the same level or the person with authority to apply necessary measures to stop the violation, consider responsibility, and deal with the violator;

đ) The Inspectorate assists the Minister in verifying, concluding, and recommending the resolution of complaints as stipulated in Clause 6 of Article 9, point e of Clause 1 of Article 14 of this Circular, except for the first complaint against decisions issued by the Minister regarding regulations and policies, and disciplinary actions for officers under direct management.

2. Force-building agencies at all levels in the People's Public Security have the responsibility:

a) To receive, classify, handle complaints, suggestions, and reflections transferred from various sources; verify, conclude, and recommend the resolution of the first complaint regarding regulations and policies and disciplinary decisions within the authority of the Head of Police at the same level;

b) To coordinate with the Inspectorate and other functional agencies to verify, conclude, and uniformly recommend the resolution of complaints containing both content related to professional work and content related to force-building work in the People's Public Security;

c) To urge the verification, conclusion, and resolution of complaints regarding disciplinary decisions and regulations and policies of lower-level Heads of Police;

d) The General Department of Force Building of the People's Public Security assists the Minister in verifying, concluding, and recommending the resolution of the first complaint against decisions issued by the Minister regarding regulations and policies, and disciplinary actions for officers under direct management.

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

a) To receive, classify, handle complaints, suggestions, and reflections transferred from various sources; based on the provisions of this Circular, transfer the complaints to the competent agency with the authority to resolve them;

b) To receive, classify, handle, and transfer complaints reflecting on public media to the competent Head of Police with the authority to resolve them; notify the handling of complaints to the Inspectorate and the Force Building Agency at the same level for unified management of complaint resolution work and to serve personnel management.

4. Investigation agencies at all levels in the People's Public Security have the responsibility to receive, handle, resolve, and manage complaints in the criminal procedure field, respond to complainants according to the Criminal Procedure Code 2003; report the results of complaint resolution to the Head of Police at the same level, and simultaneously inform the Inspectorate at the same level for coordinated management.

5. Heads of Police with the authority, Heads of Criminal Enforcement Agencies at all levels in the People's Public Security, Heads of Criminal Enforcement Management Agencies under the Ministry of Public Security have the responsibility to receive, handle, resolve, and manage complaints in the criminal enforcement field, respond to complainants according to the Criminal Enforcement Law 2010; report the results of complaint resolution to the Head of Police at the same level, and simultaneously inform the Inspectorate at the same level to assist the Head of Police in tracking the results of resolution.

Chapter V

MANAGEMENT OF COMPLAINT RESOLUTION WORK

Article 19. Management of Complaint Resolution Work

1. The Minister of Public Security shall implement state management over complaint resolution work within their scope of management in accordance with Article 63 of the Law on Complaints 2011.

2. Heads of public security at all levels shall be responsible to their immediate superiors for managing complaint resolution work within their scope of management.

3. The Inspectorate assists the Minister in uniformly managing state affairs regarding administrative complaints, disciplinary complaints, and policy systems; assists the Minister in monitoring the results of complaint resolution in the criminal procedure field and criminal enforcement within the entire People's Public Security force.

4. Inspectors of public security at the district level, inspectors of public security at the provincial level, and inspectors of the General Departments and units directly under the Minister assist their heads at the same level in uniformly managing administrative complaints, disciplinary complaints, and policy systems within units and localities under their heads' jurisdiction; assist their heads in monitoring the results of complaint resolution in the criminal procedure field and criminal enforcement within their units and localities. Monthly, every six months, and annually, they have the responsibility to assist their heads at the same level in reporting the results of complaint resolution to their immediate superiors (through the Inspectorate organization).

5. Investigative agencies within the People's Public Security assist their heads at the same level in managing complaint resolution work in the criminal procedure field within their units and localities. Monthly, every six months, and annually, they have the responsibility to assist their heads at the same level in reporting the results of complaint resolution to their immediate superiors (through the Inspectorate organization).

The Office of the Criminal Investigation Police Department of the Ministry of Public Security is responsible for monitoring and summarizing complaint resolution work in the criminal procedure field of criminal investigation forces at all levels within the People's Public Security; the Security Investigation Department of the Ministry of Public Security is responsible for monitoring and summarizing complaint resolution work in the criminal procedure field of security investigation forces at all levels within the People's Public Security; monthly, every six months, and annually, they have the responsibility to assist their heads at the same level in reporting to the Minister (through the Inspectorate) about the results of complaint resolution.

6. Criminal Enforcement Agencies of public security at the district level, Criminal Enforcement Agencies of public security at the provincial level, and Criminal Enforcement Management Agencies under the Ministry of Public Security assist their heads at the same level in managing complaint resolution work in the criminal enforcement field within their units and localities. Monthly, every six months, and annually, they have the responsibility to assist their heads at the same level in reporting the results of complaint resolution to their immediate superiors (through the Inspectorate organization).

The General Bureau of Criminal Enforcement and Judicial Assistance is responsible for monitoring and summarizing complaint resolution work in the criminal enforcement field within the People's Public Security force; monthly, every six months, and annually, they have the responsibility to report to the Minister (through the Inspectorate) about the results of complaint resolution.

Article 20. Reporting System

1. Monthly periodic reports on complaints and complaint resolution from units directly under the General Bureau, the Corps Command, public security, provincial and municipal fire prevention and firefighting departments directly under the central government shall be reported to their immediate superiors (sent through the Inspectorate organization at the same level) on the 15th of each month.

2. Monthly periodic reports on complaints and complaint resolution from the General Bureau, units directly under the Ministry, public security, provincial and municipal fire prevention and firefighting departments directly under the central government shall be reported to the Minister (sent through the Inspectorate organization) on the 20th of each month; semi-annual reports on the 25th of May and annual reports on the 25th of November.

3. Ad hoc reports must be submitted promptly as required.

Chapter VI

HANDLING VIOLATIONS

Article 21. Handling of violations of the law by complaint resolution officers

Police officers who commit acts in violation of Clauses 1, 2, 3, and 4 of Article 6 of the Complaint Law 2011 or other provisions of the law in handling complaints shall be subject to disciplinary measures currently in force within the People's Public Security Force according to the nature and severity of the violation. If there are signs of criminal offenses, they will be handled according to the provisions of criminal law; if damage is caused, compensation or restitution must be provided according to the law.

Article 22. Handling of violations of the law regarding complaints by complainants and other related persons

Police officers and citizens who commit any of the acts stipulated in Clauses 5, 6, 7, and 8 of Article 6 of the Complaint Law 2011 or violate other provisions of the law on complaints and their resolution shall be subject to legal handling according to the current laws based on the nature and severity of the violation.

Chapter VII

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

This Circular takes effect from March 1, 2014.

Abolish the provisions on handling and managing complaints in Circular No. 63/2010/TT-BCA-V24 dated December 29, 2010, guiding management and handling of complaints and denunciations in the People's Public Security Force issued by the Minister of Public Security.

Article 24. Responsibility for Implementation

1. The Director of the General Department, Heads of units under the Ministry, Provincial Fire and Rescue Services, and Municipalities directly under the Central Government are responsible for organizing the implementation of this Circular.

2. The Inspectorate of the Ministry is responsible for guiding, inspecting, and urging the implementation of this Circular throughout the People's Public Security Force. Inspectors at all levels of the Public Security are responsible for inspecting and urging the implementation of this Circular within their units and localities.

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