Decree No. 91/2013/NĐ-CP on complaints and handling of complaints in the People's Public Security

DECREE

Regulations on Reporting and Handling Reports in the People's Public Security

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Pursuant to the Law is agencies and organizations registered to participate in the System with one or more roles as follows: function of the GovernmentDeputy ministers of ministerial-level agencies, December 25, 2001;

Based on the Law on Reporting dated 13. To have professional expertise, deep knowledge of management practices, and experience in organizing and managing health activities at the local level.June 2024;October 11, 2011;

Pursuant to the Law Cday of the People's Public Security dated September 29,June 2024;of the Minister of Planning and Investment

At the proposal of the Minister of Public Security,

The Government promulgates this Decree prescribing regulations on reporting and handling reports in the People's Public Security.No. reporting and handlingNo. reports in the People's Public Security.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates regulations on reporting and handling reports concerning violations of laws by police officers in performing their duties and tasks; reporting and handling reports concerning violations of laws related to state management in the field of public security and social order; responsibilities of heads, police officers in protecting reporters; management of report resolution work in the People's Public Security.

2. Reporting on criminal proceedings violations, enforcement of criminal penalties, and violations of laws with signs of criminal offenses do not fall within the scope of regulation of this Decree.

Article 2. Applicability

1. This Decree applies to citizens, police officers in exercising their right to report; agencies, units, individuals whose actions are reported; agencies, units, individuals with authority to resolve reports in the People's Public Security and other agencies, organizations, and individuals related to resolving reports.

2. Reporting by foreign individuals residing in Vietnam and handling reports on violations of laws by agencies, organizations, and individuals from foreign countries within the jurisdiction of the People's Public Security shall be applied according to the Law on Reporting and this Decree, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. "Police officers" include: Officers, non-commissioned officers in specialized fields; officers, non-commissioned officers in technical fields, students at public security schools, non-commissioned officers, soldiers serving for a limited time, workers, civil servants, temporarily recruited citizens, and labor contract employees in the People's Public Security.

2. "State management in the field of public security and social order" refers to state management in protecting national security and maintaining public order and safety under the jurisdiction of the Ministry of Public Security.

3. "Performing duties and tasks of police officers" means the performance of duties and powers by police officers in the field of protecting national security and maintaining public order and safety, or when assigned.

4. "Report resolver in the People's Public Security" refers to agencies, units, and individuals with authority to resolve reports in the People's Public Security.

5. "Resolving reports in the People's Public Security" refers to the acceptance, verification, conclusion on the content of reports, and the handling of reports by report resolvers in the People's Public Security.

Chapter II

REPORTING AND HANDLING REPORTS ON VIOLATIONS OF LAWS BY POLICE OFFICERS IN PERFORMING DUTIES AND TASKS

Article 4. Reporting on violations of laws by police officers in performing duties and tasks

Citizens and police officers have the right to report to agencies, units, and individuals with authority in the People's Public Security about violations of laws by police officers in performing duties and tasks that cause damage or threaten to cause damage to the interests of the State, rights, and legitimate interests of agencies, organizations, and individuals.

Article 5. Authority to resolve reports on violations of llaws byJune 2024;police officers in performing duties and tasks

1. Chiefs of Police Stations, Posts, and Outposts (collectively referred to as Chiefs of Police Stations at the ward level) shall resolve reports against police officers under their direct management, except for Deputy Chiefs of Police Stations at the ward level.

2. Chiefs of Police Departments at the district, county, town, and provincial city levels (collectively referred to as Chiefs of Police Departments at the district level) shall resolve reports against Chiefs and Deputy Chiefs of Police Stations at the ward level and police officers holding positions from Team Leaders and equivalent positions under their direct management.

3. Heads of Departments and Heads of equivalent units under Provincial Public Security Departments (collectively referred to as Provincial Public Security Departments) or Fire Prevention and Fighting Departments shall resolve reports against police officers holding positions from Team Leaders and equivalent positions under their direct management.

4. Directors of Provincial Public Security Departments shall resolve reports against Heads and Deputy Heads of Departments, Heads and Deputy Heads of equivalent units under Provincial Public Security Departments, and Chiefs and Deputy Chiefs of Police Departments at the district level;

Directors of Fire Prevention and Fighting Departments shall resolve reports against Heads and Deputy Heads of Departments and Heads and Deputy Heads of equivalent units under Fire Prevention and Fighting Departments.

5. Heads of Bureaus directly under General Bureaus or Heads of equivalent units shall resolve reports against police officers holding positions from Team Leaders and equivalent positions under their direct management.

6. Heads of Departments directly under Ministries shall resolve reports against police officers holding positions from Department Heads and equivalent positions under their direct management.

7. Heads of General Bureaus or Heads of equivalent units shall resolve reports against Department Heads and Deputy Department Heads and officials holding equivalent positions at the Bureau level in subordinate units.

8. Ministers shall resolve reports against Heads and Deputy Heads of General Bureaus or equivalent levels; Departments and Bureaus directly under Ministries; Bureaus directly under General Bureaus or equivalent levels; Directors and Deputy Directors of Provincial Public Security Departments; Directors and Deputy Directors of Fire Prevention and Fighting Departments or senior specialists directly managed by the Minister (if any).

9. Reports on violations of laws in performing duties and tasks by police officers under the management of multiple public security agencies and units shall be resolved by the head of the agency or unit directly managing the reported police officer in coordination with relevant agencies and units.

Article 6. Receiving and Processing Information on Reports

1. The heads of public security agencies at all levels shall be responsible for:

a) Accepting or assigning staff under their management to accept reports from citizens and police officers;

b) Arranging offices or locations, staff to receive citizens for accepting reports, suggestions, and reflections related to reports.

2. The Inspectorate of the Public Security or the person assigned by the head of public security agencies at all levels to receive complaints, suggestions, and reflections related to complaints shall be responsible for assisting the head of public security at the same level in receiving, classifying, and proposing measures to handle complaint information in accordance with the provisions of the law.

3. Complaints in cases prescribed in Clause 2, Article 20 of the Law on Complaints shall not be considered or accepted for handling.

4. When receiving a complaint letter clearly stating the name, address, and signed directly or marked by the complainant, the person receiving complaints in the People's Public Security shall classify and process the complaint in accordance with the provisions of Clause 1 and 4, Article 20 of the Law on Complaints. If it is found that the complained act has signs of criminal offenses, the complaint letter and related documents (if any) shall be transferred to the competent investigation agency or the People's Procuracy for handling in accordance with the provisions of the law.

In case the complaint is not resolved beyond the time limit or there is evidence indicating that the resolution of the complaint does not comply with the law, it shall be transferred to the head of the superior public security agency directly responsible for the resolution of the complaint for examination and handling in accordance with the provisions of Article 27 of the Law on Complaints.

Article 7. Procedures, formalities, and deadlines for resolving complaints.

Procedures, formalities, and deadlines for resolving complaints regarding violations of the law by police officers in performing their duties and tasks as stipulated in Articles 18, 19, 20, 21, 22, Clause 1, Article 23, 24, 25, 26, 27, 28, 29 of the Law on Complaints, and Clause 1, Article 12 of this Decree.

Chapter III

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

Article 8. Complaints about violations of laws lon state management in the field of public order and security

Citizens have the right to file complaints with agencies, units, or individuals with authority within the People's Public Security regarding violations of laws on state management in the field of public order and security.

Article 9. Authority to resolve complaints

1. The heads of public security agencies at all levels have the authority to resolve complaints concerning violations of laws on state management in the field of public order and security within their jurisdiction. Other relevant public security agencies and units shall cooperate.

2. Persons authorized to handle administrative violations in the People's Public Security have the authority to resolve complaints concerning violations of laws on state management in the field of public order and security within their jurisdiction, except where otherwise provided by law.

3. Complaints about violations of laws on state management in the field of public order and security involving the functions of state management of other agencies outside the People's Public Security, the head of the public security agency authorized to resolve the complaint must exchange with the relevant functional agency to unify the division of responsibility and coordination in resolving the complaint. If consensus cannot be reached, they shall report to the head of the superior public security agency for consideration and decision.

4. Complaints about violations of laws on state management in the field of public order and security with signs of criminal offenses shall be handled by the investigative agencies according to the provisions of the Criminal Procedure Law.

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

Procedures, formalities, and deadlines for resolving complaints about violations of laws on state management in the field of public order and security shall be implemented in accordance with the provisions of Articles 18, 19, 20, 21, 22, Clause 1, Article 23, 24, 25, 26, 27, 28, 29, 33 of the Law on Complaints, and Clause 2, Article 12 of this Decree.

In case the conclusion is that the accused violated the law in managing public order and security, the handling of such violation must also comply with the law on administrative violations.

Article 11. Procedures, form|||alities for resolving complaints with|||clear contents, specific evidence,developmentand basis fordevelopment immediate handling

1. For complaints about violations of laws on state management in the field of public order and security with clear contents, specific evidence, and a basis for immediate handling, the resolution of the complaint shall be carried out in the following procedures:

a) Police officers or persons authorized to impose administrative penalties in the People's Public Security shall receive and handle complaint information;

b) In cases where the complained act falls under the management of their own agency or unit, the police officer receiving the complaint must directly conduct or report to the person authorized to resolve the complaint to immediately carry out verification of the complaint content, apply necessary measures to stop the violation, and promptly establish a record of the illegal act (if any); the verification of information about the complainant shall be conducted when the complaint resolver deems it necessary for the process of handling the complained act;

c) The head, police officers, or persons resolving the complaint shall issue a decision to handle the violation within their authority or propose the competent agency to handle it in accordance with the law.

2. The case file of the complaint shall be established together with the administrative violation handling file in accordance with the law on administrative violation handling.

Chapter IV

PUBLIC ANNOUNCEMENT OF THE CONTENT OF COMPLAINTS, DECISIONS TO HANDLE VIOLATIONS OF LAWS BEING COMPLAINED ABOUT; RESPONSIBILITY FOR PROTECTING THE COMPLAINANT

Article 12. Publicizing the conclusion on the content of the complaint and the decision to handle the reported violation of law

Within ten days from the date of signing the conclusion on the content of the complaint and the decision to handle the reported violation of law, the person handling the complaint shall be responsible for publicly announcing the conclusion on the content of the complaint and the decision to handle the reported violation of law as follows:

1. For complaints regarding the violation of law by police officers in the performance of their duties, the public announcement shall be made through a meeting at the agency or unit where the police officer works, with the following participants: the person handling the complaint; the investigator of the complaint content; the police officer being complained about; the head of the agency or unit where the complained police officer works, and other relevant agencies, units, and individuals. Prior to holding the public meeting, the authorized person must issue a written notice to inform the relevant agencies, units, and individuals. The notification period must be three working days in advance.

2. For complaints regarding violations of law concerning state management in the field of public security and social order, the public announcement of the conclusion on the content of the complaint and the decision to handle the reported violation of law shall be carried out in accordance with one of the forms prescribed in Point b and c Clause 2 Article 11 Decree No. 76/2012/NĐ-CP dated October 3, 2012 of the Government detailing the implementation of certain provisions of the Law on Complaints. The public announcement must ensure the confidentiality of information about the complainant and contents that belong to the state secrets of the police sector.

Article 13. Responsibilities of subordinate agencies and units of the Ministry of Transportisecurity for the complainant by the person handling the complaint, the Head, officer, or soldier of the Public Security in protecting the complainant and their relativesThis Resolution takes effect from the date it is adopted by the National Assembly.i tố cáo

1. During the process of handling complaints, the person handling complaints within the People's Public Security has the responsibility to protect the complainant and the close relatives of the complainant according to Articles 34, 35, 36, 37, 38, and 39 of the Law on Complaints, the provisions in Chapter III of Decree No. 76/2012/NĐ-CP dated October 3, 2012 of the Government detailing the implementation of certain provisions of the Law on Complaints, and other relevant legal provisions.

2. Within the scope of their duties and powers, when receiving requests from the complainant or the person handling the complaint or authorized agencies and units, the heads, police officers at all levels have the responsibility to apply measures prescribed by law to protect the complainant and the close relatives of the complainant.

Chapter V

MANAGEMENT OF COMPLAINT RESOLUTION WORK IN THE PEOPLE'S PUBLIC SECURITY

Article 14. Management of complaint resolution work in the People's Public Security

1. The Minister of Public Security shall implement state management over complaint resolution work within the scope of his/her management.

The Inspectorate of the Ministry of Public Security assists the Minister of Public Security in uniformly managing the state's work on complaint resolution for police officers throughout the entire People's Public Security force; monitors the results of resolving complaints regarding violations of law concerning state management in the field of public security and social order within its jurisdiction.

2. Heads of Public Security at all levels are responsible to their immediate superiors for the management of complaint resolution work within the scope of their management.

Article 15. Reporting on complaint resolution work

1. The Minister of Public Security reports to the Government on the work of complaint resolution within his/her jurisdiction periodically or upon request of the Government.

2. Heads of Public Security at all levels report to their immediate superiors on complaint resolution work within the scope of their management periodically or upon request.

Article 16. Responsibilities of the Government Inspectorate regarding complaint resolution work in the People's Public Securityngactivities related to handling complaints in the People's Public Security Force

1. The Government Inspectorate has the responsibility to inspect the implementation of policies, laws, and tasks and powers of the Ministry of Public Security regarding complaint resolution work in the People's Public Security.

2. The Chief Inspector General of the Government has the responsibility to review and conclude on the resolution of complaints that the Minister of Public Security has resolved but there are signs of violation of law; if the conclusion on the resolution of complaints violates the law, he/she shall recommend the Prime Minister to reconsider and resolve again.

Chapter VI

IMPLEMENTING PROVISIONS

Article 17. Effectiveness lImplementation

This Decree shall take effect from October 1, 2013.

Article 18. ResponsibilityiThe Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees directly under the Central Government, relevant agencies, organizations, and individuals shall be responsible for implementing this Decree.

1. The Minister of Public Security shall be responsible for guiding the enforcement of this Decree.

2. The Minister, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central city administrations, and related agencies, organizations, and units shall be responsible for implementing this Decree./.