Circular No. 85/2020/TT-BCA on the handling, processing, resolution of complaints and management of complaint resolution work in the People's Public Security

 CIRCULAR

Regulations on receiving, handling, resolving complaints and managing complaint resolution work in the People's Public Security

resolution of complaints in the People's Public Security Force

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

Pursuant to the Criminal Procedure Code dated November 27, 2015;

Pursuant to the Law on Enforcement of Detention and Pretrial Detention dated November 25, 2015;

Pursuant to the Criminal Enforcement Law dated June 14, 2019;

Pursuant to Decree No. 22/2019/NĐ-CP dated February 25, 2019 of the Government on reporting and handling reports in the People's Public Security;

Pursuant to Decree No. 31/2019/NĐ-CP dated April 10, 2019 of the Government detailing certain provisions and measures for the implementation of the Law on Denunciation;

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;

At the request of the Inspector General of the Ministry of Public Security,

The Minister of Public Security issues this Circular regulating the receipt, handling, resolution of complaints and management of complaint resolution work in the People's Public Security.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the receipt and handling of complaint information; resolution of complaints regarding violations of laws by agencies, units, officers, and soldiers of the Public Security in performing their duties and tasks, excluding violations of laws in criminal proceedings activities, management, temporary detention, pre-trial detention, execution of criminal sentences, and violations of laws with signs of criminal offenses; resolution of complaints regarding violations of laws on state administration in the field of national security and public order; resolution of complaints regarding violations by officers and soldiers of the Public Security against regulations of the Ministry of Public Security; management of complaint resolution work in the People's Public Security.

Article 2. Applicability

1. Agencies, units, and individuals authorized to receive, classify, handle, resolve complaints and manage complaint resolution work in the People's Public Security.

2. Complainants, agencies, units, organizations, and individuals being complained about; agencies, units, organizations, and individuals related to the resolution of complaints in the People's Public Security.

Article 3. Explanation of Terms

1. Complaints about violations of laws by agencies, units, officers, and soldiers of the Public Security in performing their duties and tasks are complaints about agencies, units, officers, and soldiers of the Public Security having acts violating laws in performing their assigned functions, tasks, and authorities.

2. Complaints about violations of laws on state administration in the field of national security and public order are complaints about agencies, organizations, and individuals having acts violating laws on state administration in the fields of national security protection and ensuring social order and safety according to the functions of the Ministry of Public Security.

3. Complaints about violations by officers and soldiers of the Public Security against regulations of the Ministry of Public Security are complaints about officers and soldiers of the Public Security violating moral standards, conduct rules, officer and soldier standards of the Public Security, and other regulations of the Ministry of Public Security.

Article 4. Application of laws on complaints and complaint resolution

2. In cases where other laws have different provisions on complaints and complaint resolution than those stipulated in this Circular, such provisions shall be applied according to those laws.

Chapter II

RECEIVING AND HANDLING COMPLAINT INFORMATION

Article 5. Receiving complaint information

When receiving complaint information, individuals and agencies at all levels of the Public Security must record it in a logbook and enter it into the database system (if available) for management and tracking; stamp "Received" and clearly note the date, month, and year of receipt of the complaint. Officers handling or persons authorized to resolve complaints are responsible for preserving the information, preventing damage, loss, alteration of the form and content of the complaint letter, documents, or other materials containing complaint information, and maintaining confidentiality of the complainant's information.

Article 6. Initial Handling of Complaint Information within the Authority and Responsibility of the People's Public Security

1. Handling information on complaints about violations of laws by agencies, units, officers, and soldiers of the Public Security in performing their duties and tasks:

a) Within seven working days from the date of receiving complaint information within its jurisdiction to resolve, the Head of the agency or unit of the Public Security must organize verification to check the name, address of the complainant and the conditions for accepting the complaint to decide whether to accept or not to accept the complaint resolution; if the complaint falls within the jurisdiction to resolve and meets the conditions for acceptance as stipulated in Clause 1, Article 29 of the Law on Complaints, then accept the complaint; if the complaint does not meet the conditions for acceptance, do not accept it and must notify the complainant in writing of the acceptance or non-acceptance; in cases where verification needs to be conducted at multiple locations or delegated to competent authorities for verification, the deadline may be longer but shall not exceed ten working days;

c) In cases where the complaint letter does not fall within the jurisdiction to resolve and is sent simultaneously to many agencies, units, individuals, including those with the authority to resolve complaints within the Public Security or have been guided but still send the complaint letter, retain the letter without handling;

d) In cases where the complainant does not directly file a complaint but authorizes another person to file a complaint or there is evidence to determine that the complainant lacks civil capacity and has no legal representative, retain the letter without handling;

đ) In cases where the complaint has already been resolved in accordance with the provisions of the law, reviewed, and notified in writing to the complainants who continue to file complaints without providing new information or circumstances, do not consider or handle and retain the letter;

e) In cases where the complainant has grounds to believe that the resolution of the complaint does not comply with the provisions of the law or exceeds the prescribed time limit and the complaint is not resolved; lower-level agencies or units of the Public Security show signs of being unfair in resolving the complaint, transfer the letter or guide the complainant to the Head of the higher-level agency or unit of the Public Security directly responsible for the resolution of the complaint for consideration and handling according to Clause 1, Article 37 and Clause 1, 5, Article 38 of the Law on Complaints;

2. Handling information on complaints about violations of laws related to state management in the field of security and public order:

a) Complaints about violations of laws related to state management in the field of security and public order falling within the jurisdiction of which level of agency or unit of the Public Security, the Head of that level of agency or unit of the Public Security shall be responsible for considering and resolving;

b) In cases where the complaint does not fall within the jurisdiction of the agency or unit, transfer it to the Head of the competent agency or unit for consideration and resolution;

c) Officers and soldiers of the Public Security who do not hold positions with administrative penalty authority while performing their duties and tasks, if they receive clear and specific information on complaints about violations of laws related to state management in the field of security and public order, with sufficient basis for immediate handling within their scope of duty, must promptly report to the Head of their agency or unit and immediately conduct verification of the complaint content, apply necessary measures to prevent and stop the violation of the law, and at the same time prepare a record of the violation of the law;

3. Handling information on complaints about violations of laws by officers and soldiers of the Public Security in criminal proceedings:

a) Complaints against Deputy Heads, Investigators, Investigation Officers of the Investigation Agency, where the complained behavior is not related to the act of detaining persons in emergency situations, arrest, temporary detention, or pre-trial detention during the investigation phase, shall be transferred to the Head of the Investigation Agency at the same level as the person complained against. If the person complained against is the Head of the Investigation Agency, it shall be transferred to the Head of the higher-level Investigation Agency for consideration and resolution according to Article 481 of the Criminal Procedure Code;

b) Complaints related to acts of detaining persons in emergency situations, arrest, temporary detention, or pre-trial detention during the investigation phase by the Heads, Deputy Heads, Investigators, and Investigation Officers of the Investigation Agency shall be immediately transferred to the Procurator of the same-level People's Procuracy for consideration and resolution according to Clause 4, Article 481 of the Criminal Procedure Code;

c) Complaints about criminal proceedings behaviors of officers and soldiers of the Public Security assigned to perform certain investigative activities shall be transferred to the competent Procuracy for prosecution and supervision of the investigation of the relevant case for consideration and resolution according to Clause 1, Article 481 of the Criminal Procedure Code;

4. Complaints about violations of laws in the management and enforcement of temporary detention and pre-trial detention by the Heads, Deputy Heads, officers, and soldiers of the Temporary Detention and Pre-Trial Detention Management Agencies and Enforcement Agencies at any level shall be transferred to the Procurator of the same-level People's Procuracy for consideration and resolution;

5. Handling information on complaints about violations of laws by officers and soldiers of the Public Security in the enforcement of criminal sentences:

a) Complaints about violations of laws in the enforcement of criminal sentences by Deputy Heads, officers, and soldiers of the Public Security belonging to the Criminal Sentence Enforcement Agencies at any level shall be transferred to the Head of the Criminal Sentence Enforcement Agency of the Public Security at that level for consideration and resolution;

b) Complaints about violations of laws in the enforcement of criminal sentences by the Heads of the Criminal Sentence Enforcement Agencies of the Public Security at any level shall be transferred to the Head of the Public Security at that level for consideration and resolution. If the person complained against is the Head of the Criminal Sentence Management Agency under the Ministry of Public Security, it shall be transferred to the Minister of Public Security for consideration and resolution.

6. Complaints against police officers violating other regulations of the Ministry of Public Security within the jurisdiction of the head of the public security agency or unit shall be transferred to the head of that level of public security agency or the head of the public security agency with the appropriate authority as prescribed by the Ministry of Public Security for examination and resolution according to the procedures and formalities stipulated in Article 8 of Decree No. 22/2019/NĐ-CP and this Circular. The principle of determining the authority to resolve complaints shall be implemented according to Article 8 of this Circular, except for complaints concerning areas where the Ministry of Public Security has different provisions.

7. Complaints regarding criminal offenses must be immediately transferred to the competent investigative agency for resolution in accordance with the Criminal Procedure Code.

Article 7. Handling of Information on Complaints Not Within the Jurisdiction or Responsibility of the People's Public Security

1. Within five working days from the date the public security agency or unit receives information on complaints, if it does not fall within its jurisdiction, it must transfer such information to the competent authority for examination and resolution as follows:

a) Complaints about violations of laws by officials, civil servants, and employees outside the People's Public Security but without criminal indications, or complaints about violations of laws related to state management in various fields not under the responsibility of the People's Public Security shall be transferred to the head of the agency or unit responsible for managing those officials, civil servants, and employees for examination and resolution in accordance with Article 12 of the Law on Complaints, or transferred to the competent state management agency in accordance with Clause 1 of Article 41 of the Law on Complaints, and notify the complainant.

b) In cases where the complainant directly files a complaint, guide the complainant to file the complaint with the competent authority for examination and resolution.

2. In cases where information on complaints not within the responsibility of the People's Public Security is received simultaneously with the complaint being sent to the competent agency, organization, or individual for resolution; or the complaint duplicates content already directed to the competent agency, organization, or individual for resolution, retain the complaint form without further processing.

Chapter III

COMPLAINTS AND RESOLUTION OF COMPLAINTS AGAINST VIOLATIONS OF LAWS BY PUBLIC SECURITY AGENCIES, UNITS, POLICE OFFICERS IN THE PERFORMANCE OF DUTIES AND PUBLIC SERVICE

The authority to resolve complaints about violations of laws by public security agencies, units, police officers in the performance of duties and public service shall be carried out in accordance with the provisions of Article 5 of Decree No. 22/2019/NĐ-CP. If the person complained against is a police officer of a commune or town not included in the People's Public Security force, it shall be handled in accordance with Article 12 of the Law on Complaints. When deemed necessary, the Minister of Public Security may handle and resolve complaints within the jurisdiction of subordinate levels if they involve complex content causing negative social impact and seriously affecting the reputation of the Public Security sector.

Article 9. Forms of Complaints

1. Complaints shall be made in writing or presented directly at the competent public security agency in accordance with Article 22 and Clauses 1 and 2 of Article 23 of the Law on Complaints.

2. In cases where acts of corruption by police officers are reported through mass media, hotlines, or online portals, they shall be processed in accordance with the Government and Ministry of Public Security regulations on anti-corruption work.

Article 10. Procedure, process, and time limit for handling complaints

1. The procedure, process, and time limit for handling complaints within the People's Public Security are implemented according to the provisions of Article 8 of Decree No. 22/2019/NĐ-CP and other regulations of the Ministry of Public Security.

2. In cases where the complainant withdraws the complaint, it shall be handled according to the provisions of Article 33 of the Law on Complaints and Article 4 of Decree No. 31/2019/NĐ-CP. If the complainant withdraws part of the complaint content but that part does not fall under the provisions of Clause 3 of Article 33 of the Law on Complaints, the person handling the complaint within the People's Public Security shall issue a written notice regarding the non-resolution of the complaint for that content and continue to handle the remaining complaint contents according to the Law on Complaints. In cases where multiple people file a joint complaint and one or some of the complainants withdraw their complaints, if the complaint content does not fall under the provisions of Clause 3 of Article 33 of the Law on Complaints, the person handling the complaint within the People's Public Security shall issue a written notice accepting the withdrawal of the complaint from that person and continue to handle the complaint according to the Law on Complaints.

3. Verification, conclusion, and recommendation of measures to handle complaints shall be carried out in accordance with the laws on complaints. A decision to handle the complaint shall only be issued when the accused has committed a violation and disciplinary action or other measures prescribed by law must be applied. The person handling the complaint must notify the results of the complaint resolution in writing to the complainant, the accused, and the agencies and individuals responsible. The conclusion of the complaint content and the decision to handle the violation behavior (if any) must be made public according to the provisions of Article 13 of Decree No. 22/2019/NĐ-CP.

4. The person handling the complaint has the responsibility to resolve the complaint in accordance with the provisions of the law; apply necessary measures to prevent potential damage; ensure safety for the complainant and their relatives; strictly handle agencies, units, police officers, organizations, and individuals who violate the law and bear legal responsibility for their decisions.

Chapter IV

COMPLAINTS AND HANDLING OF COMPLAINTS REGARDING VIOLATIONS OF LAWS ON STATE MANAGEMENT IN THE FIELD OF SECURITY AND ORDER

Article 11. Authority to handle complaints

The authority to handle complaints regarding violations of laws on state management in the field of security and order shall be implemented according to the provisions of Article 41 of the Law on Complaints and Article 10 of Decree No. 22/2019/NĐ-CP.

Article 12. Procedure and process for handling complaints

The procedure and process for handling complaints regarding violations of laws on state management in the field of security and order shall be implemented according to the provisions of Article 42 of the Law on Complaints and Articles 11 and 12 of Decree No. 22/2019/NĐ-CP.

Chapter V

HANDLING AND RESOLUTION OF COMPLAINTS INVOLVING THE AUTHORITY OF MULTIPLE AGENCIES AND COMPLAINTS WITH MULTIPLE CONTENTS

Article 13. Complaints about violations of laws related to the management authority of multiple agencies and units of the Public Security

Complaints about violations of laws by police officers in performing their duties and tasks related to the management authority of multiple agencies and units of the Public Security shall be handled according to the provisions of Clause 7 of Article 5 of Decree No. 22/2019/NĐ-CP.

Article 14. Handling complaints containing appeals

In cases where complaints contain appeals, the head of the competent police agency or unit must separately classify the complaint content and appeal content to handle them according to the procedures and formalities for handling complaints and the procedures and formalities for handling appeals. If the appeal content does not fall within their jurisdiction, it shall be transferred to the head of the competent agency or unit for examination and resolution in accordance with the provisions of the law.

Article 15. Complaints with multiple contents and areas under the jurisdiction of different agencies and units

For complaints with multiple contents and areas under the jurisdiction of different agencies and units, the complaint content must be separately classified according to each area for processing and resolution according to the authority, procedures, and formalities prescribed by the law on complaints in that area.

Chapter VI

RESPONSIBILITIES OF THE AGENCIES AND UNITS IN RECEIVING, HANDLING, RESOLVING AND MANAGING COMPLAINT RESOLUTION WORK

Article 16. Responsibilities of the heads of police agencies at all levels

The heads of police agencies at all levels are responsible for directing the work of receiving, classifying, handling, resolving, and managing complaint resolution work within their scope of management.

Article 17. Responsibilities of the Inspection Agency and other functional agencies

1. The Inspection Agencies of the police at all levels are responsible for assisting the heads of the police at the same level:

a) Receiving, classifying, handling; inspecting, verifying, reporting the results of verification of the complaint content and recommending measures to handle complaints within the jurisdiction of the head of the police at the same level when assigned in accordance with the provisions of the law on complaints and this Circular;

b) Urging, inspecting, guiding, monitoring the implementation of laws related to the work of receiving, handling, resolving and managing complaint resolution work within the jurisdiction of the head of the lower-level police;

c) Reviewing and concluding the resolution of complaints regarding violations of the law by agencies, units, police officers and soldiers in performing their duties and other complaints resolved directly by the head of the lower-level police but showing signs of violation of the law, except complaints about cadre standards;

d) Implementing surprise inspections of units and individuals suspected of violating the law within the jurisdiction of the head of the police at the same level according to the requirements of complaint resolution when assigned.

2. The Cadre and Personnel Department of the Ministry of Public Security is responsible for:

a) Receiving, classifying, handling information from complaints transferred from various sources; inspecting, verifying, reporting the results of verification of the complaint content and recommending measures to handle complaints about the standards of police officers within the jurisdiction of the Minister of Public Security;

b) Cooperating with the Inspection Department of the Ministry of Public Security or the same-level functional agency to verify, report the results of verification of the complaint content and recommend measures to handle complaints involving both the standards of police officers and the professional work of police officers within the jurisdiction of the Minister of Public Security;

c) Urging the verification and conclusion of the resolution of complaints related to the standards of police officers within the jurisdiction of the head of the lower-level police.

3. The Cadre and Personnel Departments of provincial public security organs and units with personnel functions under the ministry have the responsibility:

a) Receiving, classifying, handling information from complaints transferred from various sources; inspecting, verifying, reporting the results of verification of the complaint content and recommending measures to handle complaints about the standards of police officers within the jurisdiction of the head of the same-level public security organ; notifying the results of complaint handling to the same-level Inspection Agency for monitoring and management;

b) Cooperating with the Inspection Agency or the same-level functional agency to verify, report the results of verification of the complaint content and recommend measures to handle complaints involving both the standards of police officers and the professional work of police officers within the jurisdiction of the provincial public security director and the head of the unit under the ministry.

4. The Office of the Ministry of Public Security, the Provincial Police Planning Department have the responsibility:

a) Receiving and transferring complaints from various sources to the same-level Inspection Agency for handling;

b) Receiving and transferring complaints reflected in mass media, online portals, hotlines to the competent public security agency for resolution. The competent public security agency must notify the results of complaint resolution to the reflecting agency, the same-level Inspection Agency and the same-level Cadre and Personnel Agency for unified management and service of personnel management.

5. Investigation agencies, temporary detention and custody management agencies, criminal enforcement agencies at all levels in the People's Public Security have the responsibility to receive and resolve complaints within their areas and report the results of complaint resolution to the same-level head; simultaneously notify the same-level Inspection Agency to assist the head in monitoring the results of resolution.

Article 18. 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 59 of the Law on Complaints.

2. Heads of public security agencies at all levels shall be responsible to the heads of their immediate superior agencies for the management of complaint resolution work within their scope of management.

3. The Inspectorate of the Ministry of Public Security assists the Minister in uniformly managing state affairs related to complaint resolution work concerning agencies, units, officers, and soldiers throughout the entire People's Public Security force; monitors the results of complaint resolution regarding acts violating laws on state management in the field of security and public order within the scope of management of the Ministry of Public Security; monitors the results of complaint resolution in criminal proceedings, management, and enforcement of temporary detention and pre-trial detention, and criminal enforcement throughout the entire People's Public Security force.

4. Inspectors of public security agencies at all levels assist the heads of their respective levels in uniformly managing complaint resolution work concerning agencies, units, officers, and soldiers under their jurisdiction; monitor the results of complaint resolution regarding acts violating laws on state management in the field of security and public order, the results of complaint resolution in criminal proceedings, management, and enforcement of temporary detention, pre-trial detention, and criminal enforcement within the authority of the head of their respective level; when requested and periodically monthly, quarterly, semi-annually, and annually, they have the responsibility to assist the head of their respective level in reporting the results of complaint resolution to the immediate superior head (through the Inspectorate at the same level as the immediate superior head).

5. The Cadre and Personnel Department of the Ministry of Public Security and the Personnel Departments of public security units and localities assist the heads of their respective levels in uniformly managing complaint resolution work related to cadre standards within their authority. Monthly, quarterly, semi-annually, and annually, the Cadre and Personnel Department of the Ministry of Public Security has the responsibility to report the results of complaint resolution to the Minister and inform the Inspectorate of the Ministry of Public Security for monitoring; the Personnel Departments of public security units and localities have the responsibility to 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 19. Report on handling complaints

1. Reports on complaints and their resolution must be compiled into the content of the report on the situation and results of the inspection work of the People's Public Security according to monthly, quarterly, six-monthly, and annual periods, to be submitted to the head of the competent public security agency or unit. The reporting system and deadlines for submitting reports shall be implemented in accordance with the reporting regulations within the People's Public Security.

2. Reports on cases must be promptly submitted in accordance with the requirements of the competent authority head at the relevant level and the reporting regulations within the People's Public Security.

Chapter VII IMPLEMENTATION PROVISIONS

Article 20. Effective Date

1. This Circular takes effect from September 19, 2020.

2. Circular No. 10/2014/TT-BCA dated March 4, 2014, issued by the Minister of Public Security regarding the handling, resolution of complaints, and management of complaint resolution work within the People's Public Security shall cease to be effective from the date this Circular takes effect.

3. Complaints that have been accepted for handling, are under verification, and have not yet received a conclusion before the date this Circular takes effect shall continue to be resolved in accordance with the provisions of Circular No. 10/2014/TT-BCA dated March 4, 2014, issued by the Minister of Public Security regarding the handling, resolution of complaints, and management of complaint resolution work within the People's Public Security.

Article 21. Responsibility for Implementation

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

2. Directors of Departments, heads of equivalent units at the departmental level under the Ministry's Agency, and Directors of Public Security of provinces and centrally-administered cities are responsible for organizing the implementation of this Circular.

3. In the course of implementing this Circular, if there are any difficulties, public security units and localities shall report to the Ministry (through the Inspectorate of the Ministry of Public Security) for timely guidance./.