Who has the authority to resolve appeals against administrative decisions, administrative actions, and disciplinary decisions of public security officers in Vietnam?
- Who has the authority to resolve first appeals against administrative decisions and administrative actions of public security officers in Vietnam?
- Who has the authority to resolve appeals against disciplinary decisions of public security officers in Vietnam?
- What are the cases of complaints not eligible to be accepted for settlement in Vietnam?
Who has the authority to resolve first appeals against administrative decisions and administrative actions of public security officers in Vietnam?
Pursuant to Article 4 of Circular 23/2022/TT-BCA stipulating this content as follows:
Authority to resolve appeals against administrative decisions and administrative actions
1. The Chiefs of Police divisions of communes, wards, towns and police stations (hereinafter referred to as commune-level Police Chief) shall be accorded authority to handle the first appeal against administrative decisions or administrative actions that they and public security officers and soldiers under their immediate supervision issue.
2. The Chiefs of Police divisions of districts, townships, provincial cities and cities of centrally-affiliated cities (hereinafter referred to as Chief of district Police) shall be accorded authority to resolve:
a) First appeals against administrative decisions or administrative actions that they and public security officers and soldiers under their immediate supervision issue, except those under the handling authority referred to in clause 1 of this Article;
b) Second appeals against administrative decisions or administrative actions if the first ones have been answered by Chiefs of Police divisions of communes, but continue to exist; or if the first ones remain unsolved upon expiry of the limitation periods.
3. Heads of departments and heads of developmental-level units of the Departments of Public Security of provinces and centrally run cities; prison wardens; directors of compulsory education institutions; and reformatory school’s principals shall settle appeals against administrative decisions and administrative actions of their own and of police officers and staff under their immediate supervision.
4. Directors and heads of departmental-level units under the Ministry of Public Security; Directors of Departments of Public Security of provinces and centrally run cities shall be accorded authority to handle:
a) First appeals against administrative decisions or administrative actions that they and police officers or staff under their immediate supervision issue, except those under the handling authority referred to in clause 2 and 3 of this Article;
b) Second appeals against administrative decisions or administrative actions if the first appeals are answered by Heads of agencies and units under their immediate supervision, but still exist; or if the first ones remain unsolved upon expiry of the limitation periods.
5. Minister of Public Security shall be accorded authority to resolve:
a) First appeals against administrative decisions or administrative actions that they and public security officers and soldiers under their immediate supervision issue, except those under the handling authority referred to in clause 4 of this Article;
b) Second appeals against administrative decisions or administrative actions if the first ones have been answered by Directors of Departments or Heads of departmental-level units under agencies of the Ministry of Public Security; Directors of Departments of Public Security of provinces and centrally-affiliated cities, but continue to exist; or if the first ones remain unsolved upon expiry of the limitation periods;
c) Second appeals against administrative decisions or administrative actions if the first appeals put under the state management of the Ministry of Public Security have been resolved by Presidents of provincial People's Committees, but still exist; or if the first ones remain unsolved upon expiry of the limitation periods.
Thus, the authority to resolve appeals against administrative decisions and administrative actions is as follows:
- The Chiefs of Police divisions of communes, wards, towns and police stations (hereinafter referred to as commune-level Police Chief) shall be accorded authority to handle the first appeal against administrative decisions or administrative actions that they and public security officers and soldiers under their immediate supervision issue.
- The Chiefs of Police divisions of districts, townships, provincial cities and cities of centrally-affiliated cities (hereinafter referred to as Chief of district Police) shall be accorded authority to resolve:
+ First appeals against administrative decisions or administrative actions that they and public security officers and soldiers under their immediate supervision issue, except those under the handling authority referred to in clause 1 of this Article;
- Heads of departments and heads of developmental-level units of the Departments of Public Security of provinces and centrally run cities; prison wardens; directors of compulsory education institutions; and reformatory school’s principals shall settle appeals against administrative decisions and administrative actions of their own and of police officers and staff under their immediate supervision.
- Directors and heads of departmental-level units under the Ministry of Public Security; Directors of Departments of Public Security of provinces and centrally run cities shall be accorded authority to handle:
+ First appeals against administrative decisions or administrative actions that they and police officers or staff under their immediate supervision issue, except those under the handling authority referred to in clause 2 and 3 of this Article;
- Minister of Public Security shall be accorded authority to resolve:
+ First appeals against administrative decisions or administrative actions that they and public security officers and soldiers under their immediate supervision issue, except those under the handling authority referred to in clause 4 of this Article;
Who has the authority to resolve appeals against administrative decisions, administrative actions, and disciplinary decisions of public security officers in Vietnam?
Who has the authority to resolve appeals against disciplinary decisions of public security officers in Vietnam?
Pursuant to Article 5 of Circular 23/2022/TT-BCA stipulating the authority to settle appeals against disciplinary decisions of public security officers, staff and workers as follows:
Authority to settle appeals against disciplinary decisions of public security officers, staff and workers
1. For disciplinary decisions against police officers, non-commissioned officers and conscripts:
a) Heads of district-level Police; Heads of divisions and Heads of division-equivalent units of Police Departments of provinces and centrally run cities; prison superintendents; Directors of compulsory education institutions; Principals of reformatory schools; Directors of professional training centers under the Police Department for Prison Management, compulsory education institutions, reformatories; Regiment Commander of the Guard Command; Directors of the professional training centers, Regiment Commanders, Heads of Delegations under the Mobile Police Command; Battalion Commanders of the Battalions under the Mobile Police Commands, shall be accorded authority to settle the first appeals against the decisions that they have issued;
b) Directors of Departments or Heads of departmental-level units under agencies of the Ministry of Public Security; Directors of Departments of Public Security of provinces and centrally-affiliated cities shall be accorded authority to handle first appeals against decisions that they have issued; handle second appeals against disciplinary decisions that Heads of agencies and units under their immediate supervision have resolved for the first time, but still exist, or remain unsolved upon expiry of the limitation periods of the first appeals;
c) Minister of Public Security shall be accorded authority to settle the first appeals against disciplinary decisions that he has issued; settle the second appeals against disciplinary decisions if the first appeals have been resolved by Directors of Departments or Heads of departmental-level units under agencies of the Ministry of Public Security; Directors of Departments of Public Security of provinces and centrally-affiliated cities, but still exist; if the first appeals remain unsolved upon expiry of the limitation periods.
2. For disciplinary decisions against cadets:
a) Directors of academies and principals of People's Public Security schools shall be accorded authority to settle the first appeals against disciplinary decisions that they have issued;
b) Inspectors of the Ministry of Public Security shall assist the Minister of Public Security in settling the second appeals against disciplinary decisions if the first appeals have been resolved by the directors of academies or principals of the People's Public Security schools, but still exist, or remain unsolved upon expiry of the limitation periods.
3. For disciplinary decisions against public security workers:
a) According to their delegated authority, Heads of agencies or units competent to manage public security workers shall settle first appeals against disciplinary decisions that they have issued;
b) Immediate superiors of heads in charge of public security workers shall be accorded authority to handle the second appeals against disciplinary decisions if the first appeals have been resolved by these heads, but still exist, or remain unsolved upon expiry of the limitation periods.
Thus, the authority to settle appeals against disciplinary decisions of public security officers, staff and workers is as follows:
- For disciplinary decisions against police officers, non-commissioned officers and conscripts:
+ Heads of district-level Police;
+ Heads of divisions and Heads of division-equivalent units of Police Departments of provinces and centrally run cities; prison superintendents;
+ Directors of compulsory education institutions; Principals of reformatory schools; Directors of professional training centers under the Police Department for Prison Management, compulsory education institutions, reformatories;
+ Regiment Commander of the Guard Command;
+ Directors of the professional training centers, Regiment Commanders, Heads of Delegations under the Mobile Police Command;
+ Battalion Commanders of the Battalions under the Mobile Police Commands
+ Directors of Departments or Heads of departmental-level units under agencies of the Ministry of Public Security;
+ Directors of Departments of Public Security of provinces and centrally-affiliated cities
+ Minister of Public Security
- For disciplinary decisions against cadets:
+ Directors of academies and principals of People's Public Security schools
+ Inspectors of the Ministry of Public Security shall assist the Minister of Public Security
- For disciplinary decisions against public security workers:
+ Heads of agencies or units competent to manage public security workers
+ Immediate superiors of heads in charge of public security workers
What are the cases of complaints not eligible to be accepted for settlement in Vietnam?
According to the provisions of Article 11 of the Law on Complaints 2011, A complaint falling into one of the following cases is not accepted for settlement:
- It is about an administrative decision or act within a state agency for directing and organizing the performance of tasks and official duties; an administrative decision or act related to direction and administration by an administrative agency toward its subordinate administrative agency; an administrative decision containing legal rules issued by competent agencies, organizations or persons according to the order and procedures prescribed in law on promulgation of legal documents; an administrative decision or act involving a state secret in the field of defense, security or foreign affairs as listed by the Government;
- It is about an administrative decision or act not directly related to the rights and lawful interests of the complainant;
- The complainant has no full civil act capacity and no a lawful representative;
- The complaint is implemented by an unlawful representative;
- There is no signature or fingerprint of complainant in the written complaint;
- The statute of limitations or time limit for making a complaint has expired but the complainant has no legitimate reason;
- A second-time complaint settlement decision has been issued;
- There is a written notice of suspension of the complaint settlement and the complainant does not continue making complaint during 30 days after the issuance of such notice;
- It has been accepted by a court for settlement or has been settled under a court judgment or decision other than a court’s decision on suspension of the settlement of an administrative case.
LawNet
