Circular No. 78/2025/TT-BCA amends and supplements certain articles of previous circulars concerning the receipt, handling of complaints, and resolution of appeals in the People's Police. This Circular applies to complainants and agencies, units with the authority to resolve complaints and appeals.
적용 범위
Complainants and agencies, units of the People's Police with the authority to resolve complaints and appeals.
핵심 사항
- Agencies, units receiving complaints must transfer them to the competent agency within five working days if the complaint does not fall within their jurisdiction (Article 2.1).
- The authority to resolve complaints is clearly defined according to the Law on Complaints and related decrees (Article 8).
- Those with the authority to resolve complaints must request the application of protective measures for complainants regarding acts of corruption and waste to the Director of the Provincial Public Security Department or the Head of the Commune Public Security Station (Article 2.1).
- The Commune Public Security Station and police station must arrange locations for receiving citizens (Article 3.1).
- The Head of the Commune Public Security Station, the Head of the police station shall handle initial appeals against their own administrative decisions and those of directly managed officers and soldiers (Article 5.1).
🌐 이 문서의 사회적 영향
- Enhance the rights of complainants through clear provisions on protective measures and time limits for handling complaints.
- Increase the effectiveness of resolving appeals and complaints in the People's Police through the delegation of decision-making authority.
- Reduce the burden on agencies and units with the authority to resolve complaints due to clear provisions on responsibilities and procedures.
❓ 자주 묻는 질문
What is the time limit for transferring complaints to the competent agency?
Within five working days from the date of receipt of the complaint (Article 2.1).
What should a complainant do when encountering corruption or waste?
A complainant may request the application of protective measures to the Director of the Provincial Public Security Department or the Head of the Commune Public Security Station (Article 2.1).
What responsibilities do the Commune Public Security Station and police station have?
The Commune Public Security Station and police station must arrange locations and ensure necessary facilities and means to serve the reception of citizens (Article 3.1).
Who does the Head of the Commune Public Security Station resolve initial appeals for?
The Head of the Commune Public Security Station resolves initial appeals against his own administrative decisions and actions, and those of directly managed officers and soldiers (Article 5.1).
When does this Circular take effect?
This Circular takes effect from August 29, 2025 (Article 7).
전문
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MINISTRY OF PUBLIC SECURITY ______ |
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ____________ |
| Number: 78/2025/CIRCULAR-MACT | Hanoi, on 29 the 8 day5 |
CIRCULAR
AMENDING AND SUPPLEMENTING SEVERAL ARTICLES OF CIRCULAR NO. 85/2020/CT-BCA DATED AUGUST 3, 2020 ISSUED BY THE MINISTER OF PUBLIC SECURITY ON THE RECEIPT, HANDLING, SETTLEMENT OF COMPLAINTS AND MANAGEMENT OF COMPLAINT SETTLEMENT WORK IN THE PEOPLE'S POLICE; CIRCULAR NO. 145/2020/CT-BCA DATED DECEMBER 29, 2020 ISSUED BY THE MINISTER OF PUBLIC SECURITY ON AUTHORITY, PROCEDURES, AND MEASURES TO PROTECT LIFE, HEALTH, PROPERTY, REPUTATION, AND PERSONALITY RIGHTS OF COMPLAINANTS AGAINST CORRUPTION AND WASTEFULNESS; CIRCULAR NO. 98/2021/CT-BCA DATED OCTOBER 20, 2021 ISSUED BY THE MINISTER OF PUBLIC SECURITY ON CITIZEN GREETING WORK FOR PETITIONS, COMPLAINTS, SUGGESTIONS, AND REFLECTIONS IN THE PEOPLE'S POLICE; CIRCULAR NO. 19/2022/CT-BCA DATED APRIL 29, 2022 ISSUED BY THE MINISTER OF PUBLIC SECURITY ON THE RECEIPT, CLASSIFICATION, HANDLING OF PETITION LETTERS, SUGGESTION LETTERS, AND REFLECTION LETTERS IN THE PEOPLE'S POLICE; CIRCULAR NO. 23/2022/CT-BCA DATED MAY 16, 2022 ISSUED BY THE MINISTER OF PUBLIC SECURITY ON AUTHORITY, PROCEDURES, AND METHODS FOR SETTLING PETITIONS IN THE PEOPLE'S POLICE.
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BASED ON THE PETITION LAW NO. 02/2011/QH13;
BASED ON THE CITIZEN GREETING LAW NO. 42/2013/QH13;
BASED ON THE LAW ON TEMPORARY DETENTION AND DETENTION NO. 94/2015/QH13;
BASED ON THE ORGANIZATION LAW OF CRIMINAL INVESTIGATION BODIES NO. 99/2015/QH13;
BASED ON THE COMPLAINT LAW NO. 25/2018/QH14;
BASED ON THE CRIMINAL ENFORCEMENT LAW NO. 41/2019/QH14;
BASED ON THE CRIMINAL PROCEDURE CODE NO. 101/2015/QH13; THE LAW AMENDING AND SUPPLEMENTING SEVERAL ARTICLES OF THE CRIMINAL PROCEDURE CODE NO. 02/2021/QH15; THE LAW AMENDING AND SUPPLEMENTING SEVERAL ARTICLES OF THE CRIMINAL PROCEDURE CODE NO. 99/2025/QH15;
BASED ON DECREE NO. 64/2014/ND-CP DATED JUNE 26, 2014 OF THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE CITIZEN GREETING LAW;
BASED ON DECREE NO. 22/2019/ND-CP DATED FEBRUARY 25, 2019 OF THE GOVERNMENT ON COMPLAINTS AND COMPLAINT SETTLEMENT IN THE PEOPLE'S POLICE; DECREE NO. 224/2025/ND-CP DATED AUGUST 14, 2025 OF THE GOVERNMENT AMENDING AND SUPPLEMENTING ARTICLE 5 OF DECREE NO. 22/2019/ND-CP DATED FEBRUARY 25, 2019 OF THE GOVERNMENT ON COMPLAINTS AND COMPLAINT SETTLEMENT IN THE PEOPLE'S POLICE;
BASED ON DECREE NO. 124/2020/ND-CP DATED OCTOBER 19, 2020 OF THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE PETITION LAW;
BASED ON DECREE NO. 02/2025/ND-CP DATED FEBRUARY 18, 2025 OF THE GOVERNMENT ON FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF PUBLIC SECURITY;
BASED ON DECREE NO. 11/2025/ND-CP DATED JULY 1, 2025 OF THE GOVERNMENT AMENDING AND SUPPLEMENTING SEVERAL PROVISIONS OF DECREE NO. 02/2022/ND-CP DATED DECEMBER 28, 2022 OF THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON MOBILE POLICE, DECREE NO. 06/2024/ND-CP DATED NOVEMBER 15, 2025 OF THE GOVERNMENT ON POLICIES FOR THE GUARD FORCE AND GUARD WORK, DECREE NO. 02/2025/ND-CP DATED FEBRUARY 18, 2025 OF THE GOVERNMENT ON FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF PUBLIC SECURITY;
At the proposal of the Inspector General of the Ministry of Public Security;
THE MINISTER OF PUBLIC SECURITY ISSUES THIS CIRCULAR AMENDING AND SUPPLEMENTING SEVERAL PROVISIONS OF CIRCULAR NO. 85/2020/CT-BCA DATED AUGUST 3, 2020 ISSUED BY THE MINISTER OF PUBLIC SECURITY ON THE RECEIPT, HANDLING, SETTLEMENT OF COMPLAINTS AND MANAGEMENT OF COMPLAINT SETTLEMENT WORK IN THE PEOPLE'S POLICE; CIRCULAR NO. 145/2020/CT-BCA DATED DECEMBER 29, 2020 ISSUED BY THE MINISTER OF PUBLIC SECURITY ON AUTHORITY, PROCEDURES, AND MEASURES TO PROTECT LIFE, HEALTH, PROPERTY, REPUTATION, AND PERSONALITY RIGHTS OF COMPLAINANTS AGAINST CORRUPTION AND WASTEFULNESS; CIRCULAR NO. 98/2021/CT-BCA DATED OCTOBER 20, 2021 ISSUED BY THE MINISTER OF PUBLIC SECURITY ON CITIZEN GREETING WORK FOR PETITIONS, COMPLAINTS, SUGGESTIONS, AND REFLECTIONS IN THE PEOPLE'S POLICE; CIRCULAR NO. 19/2022/CT-BCA DATED APRIL 29, 2022 ISSUED BY THE MINISTER OF PUBLIC SECURITY ON THE RECEIPT, CLASSIFICATION, HANDLING OF PETITION LETTERS, SUGGESTION LETTERS, AND REFLECTION LETTERS IN THE PEOPLE'S POLICE; CIRCULAR NO. 23/2022/CT-BCA DATED MAY 16, 2022 ISSUED BY THE MINISTER OF PUBLIC SECURITY ON AUTHORITY, PROCEDURES, AND METHODS FOR SETTLING PETITIONS IN THE PEOPLE'S POLICE.
Article 1. Amending and supplementing some articles of Circular No. 85/2020/TT-BCA dated August 3, 2020, issued by the Minister of Public Security on the reception, handling, resolution of complaints and management of complaint resolution work in the People's Police.
1. Amending and supplementing Clause 1 of Article 4 as follows:
"1. Complaints from foreign individuals and the resolution of complaints regarding violations of laws by agencies, organizations, and foreign individuals in Vietnam shall be governed by the provisions of the Law on Complaints, Decree No. 31/2019/NĐ-CP dated April 10, 2019, providing detailed regulations for certain articles and measures to implement the Law on Complaints (referred to as Decree No. 31/2019/NĐ-CP), Decree No. 22/2019/NĐ-CP dated February 25, 2019, on complaints and complaint resolution in the People's Police (referred to as Decree No. 22/2019/NĐ-CP, amended and supplemented in 2025), and this Circular."
2. Amending and supplementing Point b of Clause 1 of Article 6 as follows:
"b) For complaints not within their jurisdiction but within the responsibility of the People's Police, the agency or unit receiving the complaint must transfer it to the head of the competent police agency or unit for consideration and resolution within five working days from the date of receipt, in accordance with Article 5 of Decree No. 22/2019/NĐ-CP (amended and supplemented in 2025); at the same time, notify the complainant and the inspection agency of the same level in writing."
3. Amending and supplementing Article 8 as follows:
"Article 8. Competence to resolve complaints
1. The competence to resolve complaints regarding violations of laws by agencies, units, officers, and soldiers of the People's Police in performing their duties and tasks shall be implemented according to the provisions of Article 5 of Decree No. 22/2019/NĐ-CP (amended and supplemented in 2025).
2. When deemed necessary, the Minister of Public Security may handle and resolve complaints within the jurisdiction of subordinate levels if they involve complex content, cause negative public opinion, and seriously affect the reputation of the police sector."
4. Amending and supplementing Clause 6 of Article 18 as follows:
"6. The Security Investigation Agency, Criminal Investigation Agency, temporary detention and imprisonment management agencies, and criminal enforcement agencies at all levels in the People's Police shall assist the heads of their respective levels in uniformly managing complaint resolution work within their areas of responsibility. Monthly, quarterly, semi-annually, and annually, the Security Investigation Agency, Criminal Investigation Agency, temporary detention and imprisonment management agencies, and criminal enforcement agencies under the Ministry of Public Security shall report the results of complaint resolution to the Minister and inform the Inspectorate of the Ministry of Public Security for monitoring; the Security Investigation Agency, Criminal Investigation Agency, temporary detention and imprisonment management agencies, and criminal enforcement agencies at provincial level shall assist the heads of their respective levels in reporting the results of complaint resolution to the immediate superior head (through the inspectorate at the same level as the immediate superior head)."
Article 2. Amending and supplementing some articles of Circular No. 145/2020/TT-BCA dated December 29, 2020, issued by the Minister of Public Security on the authority, procedures, and measures to protect the life, health, property, honor, and dignity of complainants regarding acts of corruption and waste.
1. Amending and supplementing Points b and c of Clause 2 of Article 5 as follows:
"b) The person with the authority to resolve complaints as stipulated in Clauses 3, 4, and 5 of Article 13; Clause 2 of Article 14; Clause 2 of Article 15; Clause 2 of Article 17; Article 18 and Article 19 of the Law on Complaints shall promptly propose and request the application of protective measures to the Director of the Provincial Public Security Department. Upon receiving the proposal and request for protection, the Director of the Provincial Public Security Department shall examine and decide on the application of protective measures or instruct relevant subordinate units to issue decisions on the application of protective measures;
c) The person with the authority to resolve complaints as stipulated in Article 21 of the Law on Complaints shall promptly propose and request the application of protective measures to the Head of the Police Station, Ward, or Special Administrative Unit (hereinafter referred to as the Head of the Village-level Police Station). Upon receiving the proposal and request for protection, the Head of the Village-level Police Station shall examine and decide on the application of protective measures. In case of difficulties or obstacles, the Head of the Village-level Police Station shall promptly report to the Director of the Provincial Public Security Department for guidance and resolution;"
2. Amending and supplementing some clauses of Article 7 as follows:
a) Amending and supplementing Clause 1 of Article 7 as follows:
"1. The person with the authority to resolve complaints as stipulated in Clause 1 of Article 5 of Decree No. 22/2019/NĐ-CP (amended and supplemented in 2025), upon receiving a document proposing the application of protective measures for the life, health, property, honor, and dignity of complainants regarding acts of corruption and waste, and finding the proposal for protection to be based on facts and credible or discovering grounds during the complaint resolution process as stipulated in Clause 3 of Article 3 of this Circular, shall promptly decide to apply protective measures to the protected individual whose place of residence or property is within the jurisdictional area.
If the protected individual's place of residence or property is outside the jurisdictional area, the person with the authority to resolve complaints as stipulated in Clause 1 of Article 5 of Decree No. 22/2019/NĐ-CP (amended and supplemented in 2025) shall propose that the Head of the Village-level Police Station with relevant jurisdiction make a decision to apply protective measures, while reporting to the Director of the Provincial Public Security Department for monitoring and guidance."
b) Amending and supplementing Clause 3 of Article 7 as follows:
"3. The person with the authority to resolve complaints as stipulated in Clause 3 of Article 5 of Decree No. 22/2019/NĐ-CP (amended and supplemented in 2025), upon receiving a document proposing the application of protective measures for the life, health, property, honor, and dignity of complainants regarding acts of corruption and waste, and finding the proposal for protection to be based on facts and credible or discovering grounds during the complaint resolution process as stipulated in Clause 3 of Article 3 of this Circular, shall promptly propose that the Head of the Village-level Police Station with relevant jurisdiction make a decision to apply protective measures.
In the case where the person to be protected is a prisoner at a detention center, a detainee at a compulsory education facility, a detainee at a compulsory drug rehabilitation facility, a staff member of the National Aviation Security Center, or a student at a reformatory school: upon receiving a document requesting the application of measures to protect the life, health, property, honor, and dignity of the whistleblower regarding acts of corruption and waste, and upon finding that the protection request is based on evidence and has credibility, or during the process of handling the complaint if there is evidence as stipulated in Clause 3 of Article 3 of this Circular, the Warden of the Detention Center, Director of the Compulsory Education Facility, Director of the Compulsory Drug Rehabilitation Facility, Director of the National Aviation Security Center, and Principal of the Reformatory School shall promptly decide to apply protective measures.
c) Amend and supplement Clause 4 of Article 7 as follows:
“4. The competent authority for handling complaints as prescribed in Clause 4 of Article 5 of Decree No. 22/2019/NĐ-CP (amended and supplemented in 2025), upon receiving a document requesting the application of measures to protect the life, health, property, honor, and dignity of the whistleblower regarding acts of corruption and waste, and upon finding that the protection request is based on evidence and has credibility, or during the process of handling the complaint if there is evidence as stipulated in Clause 3 of Article 3 of this Circular, shall promptly decide to apply protective measures for the person to be protected whose place of residence or property is within the jurisdictional area or instruct the Head of the Police Station of the relevant commune to decide to apply protective measures. The Provincial Inspectorate of Public Security shall have the responsibility to advise the Provincial Public Security Director to direct a Deputy Head of the Police Station, Deputy Head of the Police Post, or another authorized individual to decide to apply protective measures in cases where the person being complained against is the Head of the Police Station or the Head of the Police Post.
In the case where the person to be protected's place of residence or property is outside the jurisdictional area, the competent authority for handling complaints as prescribed in Clause 4 of Article 5 of Decree No. 22/2019/NĐ-CP (amended and supplemented in 2025) shall propose the Provincial Public Security Director of the relevant province to decide to apply protective measures.
Article 3. Amend and supplement certain provisions of Circular No. 98/2021/TT-BCA dated October 20, 2021, issued by the Minister of Public Security on the work of receiving citizens for complaints, petitions, proposals, and reflections in the People's Public Security
1. Amend and supplement Clause 4 of Article 4 as follows:
“4. The police station of the commune, ward, or special economic zone (collectively referred to as the police station of the commune); the police post shall arrange a location and ensure necessary material conditions and means to serve the reception of citizens.”
2. Amending and supplementing Clause 2 Article 5 as follows:
“2. Units under the Ministry’s agency without a dedicated inspection unit, units under the provincial public security, police stations of the commune, and police posts must organize duty shifts according to regulations; when citizens come to complain, petition, propose, or reflect, the duty officer must report to the head of the same level to assign an officer to receive the citizen according to regulations.”
3. Amend and supplement Point c of Clause 2 of Article 6 as follows:
“c) The head of a unit with state management functions under the provincial public security with an independent office shall regularly receive citizens at least twice a month at the reception location of their unit.”
Article 4. Amend and supplement some articles of Circular No. 19/2022/TT-BCA dated April 29, 2022, issued by the Minister of Public Security on the reception, classification, and handling of complaints, petitions, and reflections in the People's Police.
1. Amend and supplement Clause 1 of Article 2 as follows:
"1. Units under the Ministry’s agency; Provincial Police; Commune Police, ward police, special zone police; police stations (hereinafter referred to collectively as unit police, local police)."
2. Amend and supplement Clause 5 of Article 10 as follows:
"5. For complaints about decisions and actions contrary to the law in the enforcement of criminal penalties, the staff handling the complaint shall propose transferring the matter to the head of the agency or unit or person with authority for examination and resolution according to the provisions of Clauses 4, 5, 6, and 7 of Article 178 of the Criminal Enforcement Law."
3. Amend and supplement Clause 2 of Article 19 as follows:
"2. The management agency for criminal enforcement under the Ministry of Public Security and the criminal enforcement agency at the provincial level shall be responsible for assisting the heads of agencies and units of the police at the same level in managing the work of resolving complaints within the field of criminal enforcement of the unit and locality."
Article 5. Amend and supplement some articles of Circular No. 23/2022/TT-BCA dated May 16, 2022, issued by the Minister of Public Security on the authority, procedures, and formalities for handling complaints in the People's Police.
1. Amend and supplement some clauses of Article 4 as follows:
a) Amend and supplement Clause 1 of Article 4 as follows:
"1. Chiefs of commune police, ward police, special zone police (hereinafter referred to collectively as chiefs of commune-level police), chiefs of police stations handle initial complaints against administrative decisions and administrative acts of themselves and police officers directly under their management."
b) Amend and supplement Clause 3 of Article 4 as follows:
"3. Chiefs of departments and heads of equivalent units at the provincial level of the Public Security; Wardens of prisons, directors of compulsory educational facilities, principals of juvenile correction schools, directors of training and vocational development centers under the Prison Management Bureau; Heads of compulsory drug rehabilitation centers; Directors of National Aviation Security Centers; Commanders of units under the Guard Command; Directors of training and vocational development centers, commanders of units and equivalents under the Mobile Police Command handle initial complaints against administrative decisions and administrative acts of themselves and police officers directly under their management."
c) Amend and supplement Clause 4 of Article 4 as follows:
"4. Chiefs of bureaus and heads of equivalent units at the bureau level under the Ministry of Public Security; Directors of provincial public security handle:
a) Initial complaints against administrative decisions and administrative acts of themselves and police officers directly under their management, except complaints within the jurisdiction to resolve as stipulated in Clauses 1 and 3 of this Article;
b) Second-level complaints against administrative decisions and administrative acts that the head of the agency or unit under direct management has resolved initially but still have complaints or initial complaints have exceeded the time limit without resolution."
2. Amend and supplement Point a of Clause 1 of Article 5 as follows:
"a) Chiefs of departments and heads of equivalent units at the provincial level of the Public Security; Wardens of prisons, directors of compulsory educational facilities, principals of juvenile correction schools, directors of training and vocational development centers under the Prison Management Bureau; Heads of compulsory drug rehabilitation centers; Directors of National Aviation Security Centers; Commanders of units under the Guard Command; Directors of training and vocational development centers, commanders of units and equivalents under the Mobile Police Command handle initial complaints against decisions made by themselves."
Article 6. Repeal certain provisions of Circular No. 145/2020/TT-BCA dated December 29, 2020 of the Minister of Public Security on the authority, procedures, and measures to protect the life, health, property, honor, and dignity of persons reporting acts of corruption and waste, and Circular No. 23/2022/TT-BCA dated May 16, 2022 of the Minister of Public Security on the authority, procedures, and measures for handling complaints within the People's Public Security.
1. Repeal Clause 2, Article 7 of Circular No. 145/2020/TT-BCA dated December 29, 2020 of the Minister of Public Security on the authority, procedures, and measures to protect the life, health, property, honor, and dignity of persons reporting acts of corruption and waste.
2. Repeal Clause 2, Article 4 of Circular No. 23/2022/TT-BCA dated May 16, 2022 of the Minister of Public Security on the authority, procedures, and measures for handling complaints within the People's Public Security.
Article 7. Implementation Provisions
This Circular shall take effect from August 29, 2025.
Article 8. Responsibility for Implementation
1. Heads of units under the Ministry of Public Security, Directors of Provincial Police Departments, and related organizations and individuals shall be responsible for implementing this Circular.
2. The Inspectorate of the Ministry of Public Security shall be responsible for guiding, inspecting, and urging the implementation of this Circular.
In the course of implementation, if there are difficulties or obstacles, local police units, organizations, and individuals concerned shall report to the Ministry of Public Security (through the Inspectorate) for timely guidance.
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Place of Receipt: - The Government Inspectorate; - Deputy Ministers of the Ministry of Public Security; - The Department of Legal Drafting and Administrative Violation Management, Ministry of Justice; - Units under the Ministry of Public Security; - Public Security Departments of provinces and cities; - The Government Portal, the Ministry of Public Security Portal; - Official Gazette; - To be filed: VT, V03, X05 (P1). |
THE MINISTER Senior General Luong Tam Quang
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