Circular No. 68/2023/TT-BCA stipulates the procedures for receiving, classifying, and handling complaints and denunciations in criminal proceedings within the jurisdiction of authorized prosecutors in the People's Public Security.

CIRCULAR

Regulations on the process of receiving, classifying, and handling complaints and denunciations in criminal proceedings within the jurisdiction of persons authorized to conduct such proceedings in the People's Public Security Organs

in criminal proceedings within the jurisdiction to resolve by the person

having the authority to conduct criminal proceedings in the People's Public Security Organs

Pursuant to the Criminal Procedure Code dated November 27, 2015, and the Law Amending and Supplementing Certain Provisions of the Criminal Procedure Code dated November 12, 2021;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Circular Joint Circular No. 02/2018/TTLT-VKSTC-TATC-BCA-BQP-BTC-BNN&PTNT dated September 5, 2018, of the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, and the Ministry of Agriculture and Rural Development stipulating the coordination in implementing certain provisions of the Criminal Procedure Code regarding complaints and denunciations The Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development shall specify the coordination in implementing certain provisions of the Criminal Procedure Code regarding complaints and accusations.;

At the proposal of the Director of the Investigation Department under the Ministry of Public Security;

The Minister of Public Security issues this Circular stipulating the process of receiving, classifying, registering, and resolving complaints and denunciations in criminal proceedings within the jurisdiction of persons authorized to conduct such proceedings in the People's Public Security Organs.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the process of receiving, classifying, registering, and resolving complaints and denunciations in criminal proceedings as prescribed in Chapter XXXIII of the Criminal Procedure Code 2015 (amended and supplemented in 2021) within the jurisdiction of persons authorized to conduct such proceedings in the People's Public Security Organs.

Article 2. Applicability

This Circular applies to the Heads, Deputy Heads, Investigators, and Investigative Officers of investigative organs in the People's Public Security Organs; Heads, Deputy Heads, and Investigative Officers of organs of the People's Public Security Organs assigned tasks to carry out certain investigative activities; Complainants, accusers, agencies, organizations, commercial legal entities, and individuals related to complaints and denunciations in criminal proceedings.

Article 3. Principles for Receiving, Classifying, Registering, and Resolving Complaints and Denunciations in Criminal Proceedings

1. Agencies and persons authorized to resolve complaints and denunciations in criminal proceedings within the People's Public Security Organs must strictly comply with the principles for receiving, classifying, registering, and resolving complaints and denunciations in criminal proceedings as prescribed in Chapter XXXIII of the Criminal Procedure Code 2015 (amended and supplemented in 2021); Chapters II and III of Joint Circular No. 02/2018/TTLT-VKSTC-TATC-BCA-BQP-BTC-BNN&PTNT dated September 5, 2018, of the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, and the Ministry of Agriculture and Rural Development stipulating the coordination in implementing certain provisions of the Criminal Procedure Code regarding complaints and denunciations (hereinafter referred to as Joint Circular No. 02/2018/TTLT-VKSTC-TATC-BCA-BQP-BTC-BNN&PTNT).

2. Ensuring that all complaints and denunciations in criminal proceedings within the jurisdiction must be received, classified, registered, and resolved promptly, objectively, and in accordance with the law.

Article 4. Use of Model Documents

Documents issued in the process of receiving, classifying, registering, and resolving complaints and denunciations in criminal proceedings shall be carried out according to the models issued together with Joint Circular No. 02/2018/TTLT-VKSTC-TATC-BCA-BQP-BTC-BNN&PTNT (including 11 models).

Article 5. Files for Resolving Complaints and Denunciations in Criminal Proceedings

1. Files for resolving complaints and denunciations in criminal proceedings must be established and numbered according to Clause 2 of Article 7 and Clause 2 of Article 11 of Joint Circular No. 02/2018/TTLT-VKSTC-TATC-BCA-BQP-BTC-BNN&PTNT.

2. Files for resolving complaints and denunciations in criminal proceedings must be established, registered, and managed in accordance with the regulations of the Ministry of Public Security on the file management system of the People's Public Security Organs.

Chapter II

PROCEDURE FOR RECEIVING, CLASSIFYING, REGISTERING AND RESOLVING COMPLAINTS

Article 6. Acceptance, classification, and handling of complaints in criminal proceedings

1. The competent authority to resolve complaints (hereinafter referred to collectively as the complaint resolver) shall be responsible for organizing the acceptance of complaints, assigning staff to research, classify, and propose solutions for the complaints. In cases where it is determined that the complaint falls within the jurisdiction of the complaint resolver and meets the conditions for acceptance as stipulated in Article 5 of Circular Joint No. 02/2018/TTLT-VKSTC-TATC-BCA-BQP-BTC-BNN&PTNT, it shall be recorded in the logbook on the results of resolving complaints and denunciations in criminal proceedings as prescribed in Circular No. 119/2021/TT-BCA dated December 8, 2021, issued by the Minister of Public Security regarding forms, documents, and ledgers for criminal investigations (hereinafter referred to as Circular No. 119/2021/TT-BCA).

2. Complaints in criminal proceedings falling under the jurisdiction of the Head of the Investigation Agency within the People's Public Security include:

a) Complaints against decisions in criminal proceedings made by Deputy Heads, Investigators of the Investigation Agency within the People's Public Security;

b) Complaints against procedural acts in criminal proceedings performed by Deputy Heads, Investigators, and investigation officers of the Investigation Agency within the People's Public Security;

3. Complaints in criminal proceedings falling under the jurisdiction of the heads of agencies within the People's Public Security assigned to conduct certain investigative activities include:

a) Complaints against decisions in criminal proceedings made by deputy heads of agencies within the People's Public Security assigned to conduct certain investigative activities;

b) Complaints against procedural acts in criminal proceedings performed by deputy heads, investigation officers of agencies within the People's Public Security assigned to conduct certain investigative activities;

4. When accepting complaints in criminal proceedings as stipulated in Clause 2 and Clause 3 of this Article and meeting the conditions for acceptance as prescribed in Article 5 of Circular Joint No. 02/2018/TTLT-VKSTC-TATC-BCA-BQP-BTC-BNN&PTNT, the complaint resolver shall examine, classify, and handle them as follows:

a) Complaints against decisions in criminal proceedings made by Deputy Heads, Investigators of which Investigation Agency shall be transferred to the Head of that Investigation Agency for resolution;

b) Complaints against procedural acts in criminal proceedings performed by Deputy Heads, Investigators, and investigation officers of which Investigation Agency shall be transferred to the Head of that Investigation Agency for resolution;

c) Complaints against decisions in criminal proceedings made by deputy heads of agencies within the People's Public Security assigned to conduct certain investigative activities shall be transferred to the heads of those agencies for resolution;

d) Complaints against procedural acts in criminal proceedings performed by deputy heads, investigation officers of agencies within the People's Public Security assigned to conduct certain investigative activities shall be transferred to the heads of those agencies for resolution;

đ) In cases where there are complaints about decisions and procedural acts in criminal proceedings performed by Deputy Heads of Investigation Agencies, Investigators, and investigation officers; deputy heads, and investigation officers of agencies within the People's Public Security assigned to conduct certain investigative activities, but at that time, there is no Head of the Investigation Agency or head of agencies within the People's Public Security assigned to conduct certain investigative activities, they shall be resolved as follows:

If the Head of the Investigation Agency is absent and has delegated authority to a Deputy Head of the Investigation Agency or a Deputy Head has been assigned the authority of the Head of the Investigation Agency, then the Deputy Head with delegated authority or assigned authority shall have the authority to resolve complaints except for complaints about their own decisions and procedural acts;

If the head of agencies within the People's Public Security assigned to conduct certain investigative activities is absent and has delegated authority to a deputy head or a deputy head has been assigned the authority of the head, then the deputy head with delegated authority or assigned authority shall have the authority to resolve complaints except for complaints about their own decisions and procedural acts.

5. When accepting complaints in criminal proceedings not falling under the circumstances specified in Clause 2 and Clause 3 of this Article or determining that the complaint falls within the jurisdiction of the complaint resolver but does not meet the conditions for acceptance, the agency or person accepting the complaint shall act as follows depending on specific circumstances:

a) Transfer the complaint to the Procurator of the same-level Procuracy according to Articles 474 and 475 of the Criminal Procedure Code 2015 (amended and supplemented in 2021);

b) Return the complaint; guide the complainant to resubmit the complaint; transfer the complaint; request the complainant to supplement the complaint according to Article 6 of Circular Joint No. 02/2018/TTLT-VKSTC-TATC-BCA-BQP-BTC-BNN&PTNT;

c) In cases where the complainant does not come to the competent authority to resolve the complaint or does not cooperate in truthfully presenting the matter, providing information, and documents, the complaint resolver shall report to the competent authority that the complaint does not meet the conditions for acceptance and propose to retain the complaint for monitoring and management.

Article 7. Procedure for handling and resolving complaints when conditions for acceptance are met

From the date of receiving a complaint within its jurisdiction and meeting the conditions for acceptance, within the time limit for handling complaints as prescribed in the Criminal Procedure Code 2015 (amended and supplemented in 2021), the person handling the complaint must accept it and carry out the following procedures:

1. Issue a document requesting the complainant to present the content of the complaint and provide information, documents, and evidence to clarify the content of the complaint; Request the agency or individual with the decision or procedural act being complained about to explain in writing about the decision or procedural act being complained about and provide full and timely information, documents, and evidence related to the complained-about content within three days from the date of receipt of the request.

2. Examine the basis and legality of the decision or procedural act as follows:

a) Examine the grounds for issuing the decision or procedural act being complained about;

b) The authority to issue the decision or procedural act being complained about;

c) The content of the decision or procedural act being complained about;

d) The procedure and process for issuing the decision or procedural act being complained about.

3. In cases where examining the content of the complaint finds sufficient grounds to determine that the decision or procedural act is in accordance with the procedure, process, and legal provisions, the person handling the complaint shall immediately issue a decision to resolve the complaint without needing to conduct verification or resolution according to the prescribed procedure.

In cases requiring verification of the content of the complaint, it shall be carried out in accordance with Articles 8 and 9 of this Circular.

Article 8. Conducting Verification of Complaint Content

1. Heads of Investigation Agencies at all levels shall themselves verify or assign someone to verify the content of the complaint, except for those who are the Deputy Heads of Investigation Agencies, Investigators, or Investigation Officers who have advised or signed decisions or procedural acts being complained about to ensure objectivity, specifically:

The Head of the Police Investigation Agency under the Ministry of Public Security shall entrust the Office of the Police Investigation Agency under the Ministry of Public Security; The Head of the Police Investigation Agency under provincial public security departments shall entrust the Office of the Police Investigation Agency under provincial public security departments; The Head of the Police Investigation Agency under county-level public security departments shall entrust the Combined Investigation Team; The Head of the National Security Investigation Agency under the Ministry of Public Security shall entrust the National Security Investigation Bureau under the Ministry of Public Security; The Head of the National Security Investigation Agency under provincial public security departments shall entrust the Provincial National Security Investigation Department to advise and handle complaints by participants in proceedings against decisions or procedural acts of Investigation Officers, Investigators, or Deputy Heads of Investigation Agencies at various levels.

In cases of complaints against decisions or procedural acts of Deputy Heads of Investigation Agencies under the system of Offices of Police Investigation Agencies at the central and provincial levels; Deputy Heads of National Security Investigation Agencies at the central and provincial levels, the Heads of Police Investigation Agencies and National Security Investigation Agencies at the central and provincial levels shall decide on the assignment to handle them to ensure objectivity.

2. Chiefs of agencies of the People's Public Security assigned tasks to conduct some investigative activities at various levels shall themselves verify or assign someone to verify the content of the complaint, except for those who are deputy chiefs or investigation officers who have advised or signed decisions or procedural acts being complained about to ensure objectivity.

3. In cases requiring verification of the content of the complaint, the person handling the complaint shall themselves verify or issue a decision to assign someone to verify the content of the complaint and notify the acceptance of the complaint to the complainant, while sending a copy to the same-level People's Procuratorate or the competent People's Procuratorate for supervision of the resolution of the complaint within three days from the date of issuance of the notification of acceptance of the complaint.

4. The person handling the complaint must prepare a plan for verifying and resolving complaints to be approved by the Head of the Investigation Agency or the Chief of agencies of the People's Public Security assigned tasks to conduct some investigative activities.

5. The person handling the complaint issues a document requesting the complainant to provide information, documents, and evidence to clarify the content of the complaint as follows:

a) Personal information of the complainant;

b) Information, documents, evidence, and written statements regarding the content related to the decisions or procedural acts being complained about;

c) In cases where the complainant or their authorized representative does not attend, cooperate, sign the work record, provide information, documents, evidence, and written statements as required by the competent authority handling the complaint, upon expiration of the time limit for handling the complaint, the person handling the complaint will conclude based on the received documents and applications.

6. The person handling the complaint requests the person being complained about to explain in writing and provide relevant files and documents concerning the complained-about content.

In cases where the explanation in the document is unclear, the files and documents provided by the person being complained about are incomplete, the person handling the complaint shall directly work with the person being complained about, request additional explanations and provide relevant documents and evidence to clarify the complained-about content.

In cases where direct work with the person being complained about cannot be conducted due to objective reasons, the person handling the complaint or the person assigned to verify the content of the complaint shall issue a document requesting the person being complained about to provide additional written explanations. The deadline for requesting additional explanations and providing documents and evidence must be within the time limit for handling the complaint as prescribed by law.

7. During the process of handling the complaint, the person handling the complaint issues a document requesting agencies, organizations, or individuals to provide information, documents, and evidence related to the content of the complaint. The deadline for requesting the provision of information, documents, and evidence must be within the time limit for handling the complaint as prescribed by law.

In cases where it is necessary to work directly with relevant agencies, organizations, or individuals to verify and clarify the content of complaints, the person handling the complaint shall notify in advance the content, time, and location of the work. The content of the work must be recorded in a minutes document.

8. The person assigned to verify the content of the complaint shall implement measures and contents according to the verified plan for resolving complaints that has been approved, ensuring compliance with the timeline set out in the plan. During the verification and resolution process, supplementary plans may be proposed if necessary.

9. During the complaint resolution process, the person handling the complaint may directly apply or request competent authorities to apply necessary measures to prevent potential damage.

10. The deadline for resolving complaints is seven days from the date of receipt of the complaint.

11. If the results of verifying the content of the complaint and the demands of the complainant still differ, if deemed necessary, the person handling the complaint shall organize a dialogue with the complainant, the respondent, and relevant agencies, organizations, or individuals to clarify the content of the complaint. The content of the dialogue must be recorded in a minutes document.

12. During the verification of the content of the complaint, if the complainant withdraws the complaint content through a withdrawal notice, the person handling the complaint shall handle it as follows:

a) If the complainant withdraws the entire complaint content, the verification shall be stopped, and a decision to suspend the complaint resolution process shall be issued.

b) If the complainant withdraws part of the content, the remaining complaint content shall continue to be verified according to regulations.

Article 9. Reporting on the Results of Verification and Conclusions on the Content of Complaints

1. Upon completion of the verification, the person assigned to verify must submit a report on the results of the verification and recommendations, clearly expressing the approach to resolving each complaint content and proposing specific solutions and measures for resolution as follows:

a) Accepting the entire complaint, accepting part of the complaint, or rejecting the complaint;

b) Maintaining, amending, or revoking part or all of the challenged decision;

c) Resolving specific issues within the content of the complaint.

2. Based on the report on the results of the verification and recommendations, the person assigned to verify drafts the decision to resolve the complaint for approval and signature by the head of the investigative agency (for Investigative Agencies) or the head of the relevant departments of the People's Public Security authorized to conduct certain investigative activities (for departments of the People's Public Security authorized to conduct certain investigative activities).

Article 10. Notification and Implementation of the Decision to Resolve Complaints

1. Within three days from the date of issuance of the decision to resolve the complaint, the Investigative Agency and the departments of the People's Public Security authorized to conduct certain investigative activities must send these decisions to the same-level Procuracy or the competent Procuracy for supervision over the resolution of complaints; the complainant, and the respondent. At the same time, they must report or notify the results of the complaint resolution to the supervisory agencies or organizations that have transferred the complaint and other relevant agencies, organizations, or individuals (if deemed necessary).

2. For valid complaint contents, the person assigned to verify and advise on the resolution of complaints shall propose to the head of the Investigative Agency or the head of the relevant departments of the People's Public Security authorized to conduct certain investigative activities to take corrective measures and address the consequences of damages (if any).

3. When resolving complaints reveals that the issuer of procedural decisions or the executor of procedural acts has acted contrary to the law, the person handling the complaint shall report to the competent authority to require the issuer of the procedural decision or the executor of the procedural act to revoke the unlawful procedural decision based on legal provisions and request the competent authority to examine and handle according to the law and regulations of the Ministry of Public Security.

Chapter III

PROCEDURE FOR RECEIVING, CLASSIFYING, HANDLING AND RESOLVING COMPLAINTS

Article 11. Receiving, categorizing, and handling complaints in criminal proceedings

1. The competent authority or person responsible for resolving complaints (hereinafter referred to collectively as the complaint resolver) shall be responsible for organizing the receipt of complaint petitions, recording the content of complaints when the complainant directly presents the complaint (in cases where necessary, audio or video recordings with sound may be made); recording the results of handling complaints and appeals in criminal proceedings in the tracking logbook according to the provisions of Circular No. 119/2021/TT-BCA.

2. When receiving complaints in criminal proceedings as prescribed in Clause 1 of this Article and meeting the conditions for accepting complaints as stipulated in Article 9 of Joint Circular No. 02/2018/TTLT-VKSTC-TATC-BCA-BQP-BTC-BNN&PTNT, the complaint resolver shall handle them as follows:

a) Complaints against Deputy Deputy Heads, Investigators, or Investigation Officers belonging to any Investigation Agency shall be transferred to the Head of that Investigation Agency for instructions on resolution;

b) Complaints against the Head of the Investigation Agency of the Police at the district level shall be transferred to the Head of the Investigation Agency at the provincial level for instructions on resolution;

c) Complaints against the Head of the Investigation Agency of the Police at the provincial level shall be transferred to the Head of the Investigation Agency of the Ministry of Public Security for instructions on resolution;

d) Complaints against the Head of the Criminal Investigation Agency of the Ministry of Public Security or the Head of the National Security Investigation Agency of the Ministry of Public Security shall be transferred to the Minister of Public Security for instructions on resolution;

đ) In cases where complaints are against Deputy Deputy Heads of Investigation Agencies but at the time of the complaint, the Deputy Deputy Head has been appointed as the Head of the Investigation Agency, the complaint shall be transferred to the Head of the higher-level Investigation Agency or the Minister (if it is the Head of the Investigation Agency of the Ministry of Public Security) for resolution;

e) In cases where complaints are against Deputy Deputy Heads of Investigation Agencies, Investigators, or Investigation Officers but there is no Head of the Investigation Agency at the time of the complaint, they shall be handled as follows:

If the Investigation Agency of the Police at the provincial or district level has not yet appointed a Head of the Investigation Agency, the petition shall be transferred to the Head of the higher-level Investigation Agency for instructions on resolution;

If the Head of the Investigation Agency is absent and has delegated authority to the Deputy Deputy Head of the Investigation Agency or there is a Deputy Deputy Head who has been assigned the authority of the Head of the Investigation Agency, the Deputy Deputy Head who has been delegated or assigned such authority shall have the authority to resolve complaints except in cases where the complaint is about their own actions or decisions;

Within ten days from the date of receiving the complaint, the complaint resolver must conduct checks and verifications regarding the name and address of the complainant and other contents as prescribed by laws on complaints and decide on the acceptance and resolution of the complaint.

3. When receiving complaints in criminal proceedings that do not fall under the circumstances prescribed in Clause 2 of this Article, the petition shall be transferred to the agency or person with the authority to resolve the complaint as prescribed by law.

4. If the content of the complaint has already been resolved by the competent authority or person and the complainant cannot provide new evidence that could change the previous resolution or if the complaint is against the person handling the appeal but the complainant cannot provide information, documents, or evidence to prove the content of the complaint or if the complaint does not meet the conditions for acceptance as stipulated in Article 9 of Joint Circular No. 02/2018/TTLT-VKSTC-TATC-BCA-BQP-BTC-BNN&PTNT, the competent authority or person resolving the complaint shall issue a document refusing to accept the complaint and clearly state the reasons.

5. If the complaint information does not specify the name of the complainant but provides specific documents and evidence regarding violations of the law in criminal proceedings by authorized persons conducting proceedings within the People's Public Security, the agency receiving the petition shall conduct inspections and audits within its authority or transfer it to the competent agency or organization to conduct inspections and audits to serve management work.

Article 12. Allocation of Verification of Complaint Content and Notification of Acceptance for Handling Complaints

1. Check the conditions for accepting complaints as prescribed in Article 9 of Circular Joint No. 02/2018/TTLT-VKSTC-TATC-BCA-BQP-BTC-BNN&PTNT. In cases where the conditions for acceptance are not met, notify the complainant in writing about the non-acceptance of complaint resolution.

2. Issue a decision on allocation for verification of complaints. In cases where the person handling the complaint does not directly conduct the verification, issue a decision to allocate the verification of complaint content.

3. Within three days from the date of issuance of the decision allocating verification of complaint content, the person handling the complaint must send a notification of acceptance to the People's Procuracy at the same level to proceed with supervising the handling of the complaint and notify the complainant of the acceptance of the complaint.

Article 13. Conducting Verification of Complaint Content

1. The person allocated to verify the complaint must establish a verification plan to be approved by the Head of the Investigation Agency with authority or the Minister of Public Security. Actively implement the verification plan and bear responsibility under the law; the person issuing the allocation decision is responsible for the results of the complaint verification.

2. The person verifying the complaint content conducts direct work and requests the complainant to provide information, documents, and evidence to clarify the complaint content as follows:

a) Personal information of the complainant;

b) Information, documents, evidence, and written statements related to the complaint content;

c) In cases where the complaint content is unclear and the information, documents, and evidence provided by the complainant are incomplete, the person handling the complaint conducts direct work with the complainant, requesting additional provision of information, documents, and evidence to clarify the complaint content. The content of the work with the complainant must be recorded in a record.

3. In cases where direct work cannot be conducted with the complainant due to objective reasons, the person handling the complaint issues a written request for the complainant to provide additional information, documents, evidence, and physical evidence (if any) to clarify the complaint content within five days from the date the complainant receives the request to clarify the complaint content.

4. The person handling the complaint requests the accused to explain in writing and provide relevant files and documents concerning the accused content.

If the accused does not clearly explain or does not fully provide information, documents, and evidence, the person handling the complaint or the person allocated to verify must conduct direct work with the accused, requesting additional explanations and requesting the provision of information, documents, and evidence related to the complaint content. The content of the work with the accused must be recorded in a record.

In cases where direct work cannot be conducted with the accused due to objective reasons, the person handling the complaint or the person allocated to verify issues a written request for the accused to explain in writing about the complaint content and provide information, documents, and evidence to clarify the complaint content. The deadline for requesting explanations and providing information, documents, and evidence must be within the time limit for resolving the complaint as stipulated by law.

5. During the process of handling the complaint, the person handling the complaint issues a document requesting agencies, organizations, and individuals to provide information, documents, and evidence related to the complaint content. The deadline for requesting the provision of information, documents, and evidence must be within the time limit for resolving the complaint as stipulated by law.

In cases where direct work is conducted with agencies, organizations, and individuals related to verify and clarify the complaint content, the person handling the complaint must notify the content, time, and location of the work in advance. The content of the work must be recorded in a record.

6. In cases where it is deemed necessary to protect the complainant when they are threatened, retaliated against, or persecuted, the person handling the complaint must promptly propose measures to request competent authorities to protect the complainant.

7. The person allocated to verify the complaint content implements measures and contents according to the verified complaint content plan that has been approved, ensuring compliance with the time schedule set out in the plan.

8. The person handling the complaint has the responsibility to apply necessary measures within their authority or request competent authorities to promptly prevent actions reported in the complaint causing or threatening to cause damage to the interests of the State, lawful rights and interests of individuals, agencies, and organizations.

9. During the verification of complaint content, if there are signs of criminal offenses, the person handling the complaint transfers the complaint and related information, documents, and evidence to the competent investigative agency for resolution; simultaneously, notify the competent Procuracy to supervise according to regulations.

10. The deadline for resolving complaints shall not exceed thirty days from the date of receipt of the complaint; for complaints with many circumstances or requiring verification at multiple locations, the resolution period may be extended but shall not exceed sixty days.

Article 14. Report on the Results of Investigating the Content of Complaints

1. Upon completion of the investigation of the content of complaints, the person assigned to investigate must prepare a report on the results of the investigation and recommendations for submission to the Head of the Investigation Agency or the Minister of Public Security. The report must clearly state the content of the case, determine whether the complaint is correct in full, partially correct, entirely incorrect, or lacks sufficient basis for conclusion; propose recommendations for measures to address the content of the complaint and respond to the complainant.

2. In cases where it is deemed necessary, the person assigned to investigate the content of complaints may propose organizing consultations with the opinions of experts from specialized agencies, higher-level management agencies, or other relevant agencies, organizations, or individuals before concluding the content of the complaint.

Article 15. Concluding the Content of Complaints, Notifying and Handling Related Issues

1. Based on the report on the results of the investigation and approved recommendations by the Head of the Investigation Agency or the Minister of Public Security, the person assigned to investigate the content of complaints drafts a Decision to resolve the complaint for submission to the Head of the Investigation Agency or the Minister of Public Security for signature and issuance.

2. Within three days from the date of issuance of the Decision to resolve the complaint, the person resolving the complaint must send the Decision to resolve the complaint to the People's Procuracy at the same level for supervision of the resolution of the complaint, the complainant, and the accused. At the same time, notify the resolution of the complaint to the management agency of the accused; report or notify the results of the resolution of the complaint to the agencies, organizations, or individuals who transferred the complaint.

3. In cases where the content of the complaint is correct or partially correct, the person assigned to investigate and resolve the complaint proposes that the Head of the Investigation Agency or the Minister of Public Security require the agency or the accused to rectify and address the consequences of damage (if any) in accordance with the law.

4. Resolving complaints that discover violations of the law by those conducting the proceedings. The person resolving the complaint bases on the nature and severity of the violation of the law to report to the Head of the Investigation Agency or the Minister of Public Security for consideration and handling according to the provisions of the law and regulations of the Ministry of Public Security.

5. In cases where the conclusion determines that the complainant intentionally filed a false complaint, the person resolving the complaint bases on the nature and severity of the violation of the law to report to the Head of the Investigation Agency or the Minister of Public Security to request the competent authority to consider and handle the complainant according to the provisions of the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Effective Date

1. This Circular takes effect from January 15, 2024.

2. Complaints and appeals that have been accepted for handling, are under investigation, and have not yet concluded before this Circular takes effect shall continue to be resolved according to current laws.

3. When the articles, clauses, or points of normative legal documents cited in this Circular are amended, supplemented, replaced, or newly issued, the content cited in this Circular shall be adjusted and implemented according to the new normative legal documents, articles, clauses, or points of the amended, supplemented, replaced, or newly issued normative legal documents.

Article 17. Implementation Organization

1. The Heads of units under the Ministry, the Directors of Provincial Police Departments, and Municipal Police Departments directly under the Central Government are responsible for organizing the implementation of this Circular.

2. The Office of the Criminal Investigation Department of the Ministry of Public Security is responsible for monitoring, urging, guiding, and inspecting the implementation of this Circular for the Criminal Investigation Department and the agencies within the People's Public Security Force assigned tasks to conduct certain investigative activities under the police force system; the Investigation Security Department of the Ministry of Public Security is responsible for monitoring, urging, guiding, and inspecting the implementation of this Circular for the Security Investigation Department and the agencies within the People's Public Security Force assigned tasks to conduct certain investigative activities under the security force system.

3. The Business File Department is responsible for guiding, monitoring, urging, and inspecting the establishment, registration, management, and use of files for resolving complaints and appeals in criminal proceedings.

4. During the implementation process, if there are difficulties, local public security units shall report to the Ministry of Public Security (through the Office of the Criminal Investigation Department of the Ministry of Public Security) for timely guidance.