CIRCULAR

ON RECEIPT, CLASSIFICATION, AND HANDLING OF COMPLAINTS, PETITIONS AGAINST THE PEOPLE'S POLICE

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

Pursuant to the Law on Citizen Reception dated November 25, 2013;

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

Pursuant to the Law on amendments to Criminal Procedure Code dated November 12, 2021;

Pursuant to the Law on Organization of Criminal Investigation Agencies dated November 26, 2015;

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

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

At the proposal of the Chief Inspector of the Ministry of Public Security;

The Minister of Public Security promulgates a Circular on receipt, classification, and handling of complaints, petitions against the people's police.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular set forth receipt, classification, and handling of complaints, petitions against the people's police.

Article 2. Regulated entities

This Circular applies to:

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2. Commissioned officers, non-commissioned officers, police students, police workers, contract workers (hereinafter referred to as police officers and soldiers).

3. Agencies, organizations and individuals involved in complaints, petitions.

Article 3. Principles for handling complaints

1. The handling of complaints must ensure compliance with the law; in a fast, timely; clear, unified manner and enable agencies, organizations and individuals in carrying out procedures pertaining to complaints, petitions.

2. The complaint must be sent and transferred to the proper agency, organization, unit or competent person.

Article 4. Interpretation of terms

For the purposes of this Circular, these terms below shall be construed as follows:

1. Complaint/petition is a document presented in accordance with law, containing a complaint or petition, and sent to a competent agency, organization or person for handling.

2. Handling of complaint/petition means the receipt, classification of complaints and petitions and forwarding them to competent agencies, organizations, or persons for settlement in accordance with law.

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4. Complaint against a disciplinary decision against a police officer or soldier means that the complainant requests a competent authority in the People's Public Security to review the disciplinary decision if there are grounds to believe that such decision is illegal, infringing upon their legitimate rights and interests.

5. Complaint against a criminal procedure decision or act means that the complainant requests a competent authority in the People’s Public Security to review the criminal procedural decision or act of an agency, unit or person with competence to conduct proceedings if there are grounds to believe that such decision or act is illegal and infringing upon their legitimate rights and interests as prescribed in Articles 469 and 470 of the Criminal Procedure Code 2015.

6. Complaint against a decision or act of an agency or person with criminal judgment enforcement competence means that the complainant requests a competent authority in the People's Public Security to review the decision or act of that agency or person if there are grounds to believe that such decision or act is illegal and infringing upon their legitimate rights and interests as prescribed in Article 176 of the Law on enforcement of criminal judgment in 2019.

7. Petition means a document in which an agency, organization or individual provides information, present opinions and wishes, and propose solutions to competent agencies, units or persons in the People's Public Security on issues related to the implementation of guidelines, policies and laws, the management of the fields under the responsibility of the police agencies and units.

8. Petition related to payroll, employment, internal political protection, policies, insurance in the People’s Public Security means that a police officer or solider requests the head of the competent agency or person to review a decision related to his/her lawful rights and interests.

Chapter II

SPECIFIC PROVISIONS

Section 1. RECEIPT, CLASSIFICATION, INITIAL HANDLING

Article 5. Receipt of complaints/petitions

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1. Complaints/petitions sent by postal service; to comment boxes of agencies and units in the People's Public Security.

2. Complaints/petitions made in person by individuals or representatives of agencies or organizations to a police agency.

3. Complaints/petitions submitted by leaders of the Party, State, National Assembly deputies, National Assembly Delegation, agencies of the National Assembly and the National Assembly Standing Committee, Vietnam Fatherland Front Committee and member organizations of the Front, press agencies and other agencies, organizations and units transferred in accordance with law.

Article 6. Bases for classification of complaints/petitions

1. Complaints/petitions are classified regardless of title, on the following grounds:

a) Contents presented in the complaint/petition;

b) Purposes and requirements of the complainant/petitioner.

2. Based on the handling competence, the handling officer shall report or propose the head of the police agency or unit to consider and handle the complaint/petition in accordance with law.

Article 7. Initial handling

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a) Form: The complaint/petition is written in Vietnamese; clearly states the date, month and year of the complaint/petition; full name and address of the complainant/petitioner; signature or fingerprint of the complainant/petitioner. In case the complaint/petition is written in a foreign language, a notarized translation must be attached;

b) Contents of the complaint/petition: The complaint/petition must clearly state the name and address of the agency, organization or individual subject to the complaint/petition; contents and reasons for complaint/petition; requests of the complainant/petitioner;

c) Documents related to the complaint/petition (if any).

2. A complaint/petition is not eligible for handling if:

a) The complaint/petition does not satisfy the requirements specified in Clause 1 of this Article;

b) The complaint/petition is sent to many agencies, organizations, and persons, including competent and non-competent agencies, organizations, or persons for handling;

c) The complaint/petition has the same contents as another complaint/petition that has been transferred or has been guided as prescribed;

d) The complaint/petition contains contents opposing the guidelines and policies of the Party, policies and laws of the State; the complaint/petition contains the content that drives a wedge between the peoples or religion; the complaint/petition contains profanity, defamation, and offence to the honor and reputation of individuals, agencies, and units;

d) The complaint/petition is torn, the handwriting is erased, unclear or unreadable.

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4. The time limit for handling a complaint shall comply with Article 27 of the Law on Complaints 2011; the time limit for handling petitions shall comply with Article 28 of the Law on Citizen Reception 2013.

Section 2. HANDLING OF COMPLAINTS/PETITIONS IN THE PEOPLE’S PUBLIC SECURITY

Article 8. Handling of complaints against administrative decisions and acts

1. The handling officer shall request the head of the police agency or unit with competence under which the complaint against an administrative decision or administrative act falls according to the provisions of law. If the complaint falls into one of the cases specified in Article 11 of the Law on Complaints 2011, the handling officer must report it to the head of the agency or unit and notify the complainant of its non-acceptance in writing.

2. In case a complaint against administrative decision or administrative act is not under the settlement competence of the head of the police agency or unit that receives the complaint:

a) The handling officer shall, based on Article 6 of this Circular, propose to transfer the complaint to the head of the competent police agency or unit for settlement;

b) Notify the complainant and the agency, organization or person to which the complaint is forwarded;

c) Notify the transfer of the complaint to the police inspection agency of the same level (if any).

3. In case the police agency or unit receives a complaint against an administrative decision or administrative act falling under the settlement competence of the head of the agency or unit of the police at the immediate lower level, but beyond the prescribed time limit in Article 28 of the Law on Complaints 2011, if the first-time complaint is not settled, the handling officer shall propose the head of the police agency or unit competent to settle the second-time complaint to accept and settle it; and also notify in writing to the complainant, to the agency, organization or individual to which the complaint is forwarded.

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1. Classification of complaints shall comply with Article 6 of this Circular.

2. A complaint shall be properly settled by the head of the police agency or unit with competence under which the complaint falls.

Article 10. Handling of complaints against criminal procedural decisions or criminal acts; illegal decisions and illegal acts in criminal judgment enforcement

1. For a complaint against a criminal procedural decision or act of an investigator, investigating officer, deputy head or head of an investigating body, or a person tasked with conducting certain activities of investigation, the handling officer shall propose the competent agency, unit or person to consider and settle it according to Article 475 of the Criminal Procedure Code 2015.

2. For a complaint against an investigation conclusion of the deputy head of an investigating body, the handling officer shall propose a transfer to the head of the investigating body of the same level for settlement.

3. For a complaint against the investigation conclusions of the head of an investigating body, the handling officer shall propose a transfer to the People’s Procuracy of the same level for settlement.

4. For a complaint against a procedural decision or act on urgent case, arrest, custody or temporary detention, the handling officer shall forward it to the head of the competent agency or unit for settlement according to Article 474 of the Criminal Procedure Code 2015.

5. For a complaint against an illegal decision or act in criminal judgment enforcement, the handling officer shall transfer it to the head of the competent agency, unit or person for settlement as prescribed in Clauses 2, 3, 4, 5, 6 and 7 Article 178 of the Law on Criminal judgment enforcement 2019.

Article 11. Handling of complaints against legally effective complaint-handling decisions

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a) Classify complaints as prescribed in Article 6 of this Circular;

b) Do to accept or transfer all kinds of complaints against the legally effective complaint-handling decisions as prescribed in Clauses 1 and 2, Article 44 of the Law on Complaints 2011;

c) Guide the complainant to send the complaint to the competent authority for settlement.

2. Where a complaint against a complaint-handling decision has taken legal effect, but a review identifies that the handling of the complaint violated the law, causing damage to the interests of the State, lawful rights and interests of the complainant are specified in Article 38 of Decree No. 124/2020/ND-CP dated October 19, 2020 of the Government on elaboration of the Law on Complaints (hereinafter referred to as Decree No. 124/2020ND-CP dated October 19, 2020), the handling officer must report to the head of his/her agency or unit for consideration and handling in accordance with law.

Article 12. Handling petitions

The handling of petitions shall be carried out as follows:

1. Classify complaints as prescribed in Article 6 of this Circular.

2. A petition related to payroll, employment, internal political protection, policies, or insurance in the People’s Public Security prescribed in clause 8 Article 4 of this Circular shall be sent to the head of the competent police agency.

3. A petition shall be sent to the police agency with the competence under which it falls; and also kept for records as prescribed in Article 16 of this Circular.

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Article 13. Handling complaints/petitions

The handling of complaints/petitions shall be carried out as follows:

1. Classify complaints/petitioners as prescribed in Article 6 of this Circular.

2. Guide complainants/petitioners to send complaints/petitions it properly competent agencies, organizations, units or persons for settlement.

3. Return the original petitions and documents of the complainants/petitioners (if any).

4. The instructions for complaint/petition submission and complaint/petition transfer shall be made in writing by a competent authority in the People’s Public Security.

5. In case of receiving a complaint/petition transferred by an agency, organization or individual as prescribed in Clause 3, Article 5 of this Circular, the handling officer shall report to the head of the competent agency for settlement according to regulations and have a written response.

Article 14. Handling of complaints, petitions with full names and signatures of many people

In case of receiving a complaint/petition with the names and signatures of more than one person, the handling officer shall guide the appointment of a representative in accordance with law and send the complaint/petition to the agency or organization who has the authority to settle.

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Article 15. Management and monitoring of complaints/petitions

1. The agency, unit or individual that receives the complaint/petition as prescribed in Article 5 of this Circular shall record the complaint/petition in the monitoring book (stamped "TO", stating the date of receipt of the complaint/petition) and entering it into the system of data on the reception, classification and handling of complaints, petitions (if any).

2. The agency, unit or individual that receives the complaint/petition shall notify the competent agency, unit or person that has transferred the complaint/petition in accordance with law.

3. The agency, unit or individual that receives the complaint/petition is responsible for preserving, not damaging, losing or changing the form and contents of the complaint/petition; monitor, urge and inspect the handling of the complaint/petition in accordance with law.

4. The maintenance, records of the complaint/petition in monitoring book or backing up data on the database system on the receipt, classification and handling of complaints/petitions shall be made in accordance with the law on storage and protection of State secrets in the field of inspection, settlement of complaints and whistleblowing reports and prevention and control of corruption.

Article 16. Complaint/petition storage

1. The storage of complaints/petitions is done with the following types:

a) The complaint/petition is not eligible for handling as prescribed in Clause 2, Article 7 of this Circular;

b) A complaint against a legally effective complaint-handling decision that does not fall into the case specified in Article 38 of Decree No. 124/2020/ND-CP dated October 19, 2020.

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Article 17. Management of the People's Public Security Inspectorate's complaint settlement

1. The Inspectorate of the Ministry of Public Security shall assist the Minister of Public Security in performing the unified state management of:

a) Settle administrative complaints, disciplinary complaints;

b) Monitor the results of complaint settlement in the field of criminal procedure and criminal judgment enforcement in the People’s Public Security.

2. The Inspectorate of the Ministry of Public Security shall assist the head of police agency of the same level in performing the unified state management of:

a) The settlement of administrative complaints and disciplinary complaints of agencies and localities;

b) Monitor the results of complaint settlement in the field of criminal procedure and criminal judgment enforcement of the agencies and localities.

3. For a police agency or locality that does not have an inspection organization, the management of complaint settlement shall be assigned and organized by the head of the police department of that agency or locality in accordance with the law.

Article 18. Management of complaint settlement by investigating bodies in the People's Public Security

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2. The Office of the Investigative Police Agency of the Ministry of Public Security is responsible for monitoring and synthesizing the settlement of complaints in the field of criminal proceedings by the investigating police force at all levels.

3. Investigating agencies assist heads of police agencies of the same level in managing complaints in the field of criminal procedure of their agencies or localities.

Article 19. Management of complaint settlement by criminal judgment enforcement agencies in the People’s Public Security

1. The Police Department in charge of prisons, correctional facilities, reformatory schools affiliated to the Ministry of Public Security is responsible for monitoring and summarizing the settlement of complaints in the field of criminal judgment enforcement in the People's Public Security.

2. The agency that manages criminal judgment enforcement of the Ministry of Public Security, the criminal judgment enforcement agency of the provincial-level police department, and the criminal judgment enforcement agency of the district-level police department shall assist the heads of agencies at the same level to manage the complaint settlement in the field of criminal judgment enforcement of the agency or locality.

Article 20. Responsibilities of the People's Public Security Inspectorate

1. Police inspectorates at all levels are responsible for advising and proposing heads of police agencies to settle complaints within their competence; except for the first complaints against disciplinary decisions against officers and soldiers.

2. In case of a complaint against the first-time complaint settlement decision on disciplinary action against police officers and soldiers, police inspectorates at all levels shall advise and propose to assign the competent authority in the People's Public Security to accept and resolve it according to regulations.

3. If the complaint against the disciplinary decision of the director of the academy or the principal of the People's Public Security school has been settled for the first time but it has still been further complained, or the first complaint has expired but has not been resolved, the Inspectorate of the Ministry of Public Security shall take charge and coordinate with specialized agencies in advising the competent person to settle in accordance with law.

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1. Quarterly, six-monthly, annually or upon request, heads of police agencies at all levels shall report to heads of immediate superiors through the same-level inspection agencies on the results of settlement of complaints.

2. Periodic reports on complaints and complaint settlement by agencies under the Ministry's agencies, the Public Security of the provinces and centrally-affiliated cities to report to the Minister of Public Security (sent through the Ministry Inspectorate before the 20th of the last month of the reporting period) shall be done as follows:

a) For quarterly reports: Quarter I reports begin from December 15 of the previous year to March 14 of the reporting year. Quarter III reports begin from June 15 to September 14 of the reporting year;

b) For six-month reports: From December 15 of the previous year to June 14 of the reporting year;

c) For annual reports: From December 15 of the previous year to December 14 of the reporting year.

3. Ad-hoc reports must be sent in a timely manner upon request.

Chapter III

IMPLEMENTATION

Article 22. Entry in force

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2. Complaints that have being reviewed or accepted for settlement before the effective date of this Circular shall continue to comply with the Circular No. 68/2013/TT-BCA dated December 26, 2013 of the Minister of Public Security on guidelines for the handling of complaints, petitions; complaint settlement and management of complaint settlement in the People’s Public Security.

3. If legislative documents referred to in this Circular are amended, supplemented or superseded with new ones, the new documents shall apply.

Article 23. Implementation

1. Police heads of agencies and localities shall implement this Circular.

2. The Inspectorate of the Ministry of Public Security shall guide, examine and urge the implementation of this Circular in the entire People's Public Security force. Police inspectorates at all levels are responsible for guiding, examining and urging the implementation of this Circular within their agencies and localities.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Public Security (via the Inspectorate of the Ministry of Public Security) for consideration./.

MINISTER




General To Lam

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