From June 15, 2022, will the settlement of complaints and reflections fall under the jurisdiction of the People's Public Security Bureau according to the new process?
- Regulations on handling complaints about administrative decisions and administrative acts under the settlement competence of the People's Public Security?
- Regulations on handling complaints about criminal procedural decisions and criminal procedural acts?
- Regulations on handling complaints and reflections in the people's police?
Regulations on handling complaints about administrative decisions and administrative acts under the settlement competence of the People's Public Security?
Pursuant to Article 8 of Circular 19/2022/TT-BCA stipulating as follows:
“Article 8. Handling complaints about administrative decisions or acts
1. In case a complaint about an administrative decision or act falls under the settlement competence of the head of a police agency or unit, the petition-handling officer shall request the head of the police agency or unit to issue a complaint. that is handled 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 complaint-handling officer must report it to the head of the agency or unit and notify in writing of its refusal to accept the complaint to the complainant. complain know.
2. In case of complaints about administrative decisions or acts that are not within the settlement competence of the heads of the agencies or police units that receive the applications:
a) The complaint-handling officer shall, based on the provisions of Article 6 of this Circular, propose to transfer the complaint to the head of a competent police agency or unit for consideration and settlement;
b) Notify in writing to the complainant, the agency, organization or individual that the complaint is forwarded;
c) Notify the transfer of the application to the police inspection agency of the same level (if any).
3. In case a police agency or unit receives a complaint about an administrative decision or act falling under the settlement competence of the head of the agency or unit of the police department directly below, but beyond the prescribed time limit in Article 28 of the Law on Complaints 2011, if the first-time complaint is not settled, the application-handling officer shall request the head of the police agency or unit competent to settle the second-time complaint to accept and settle it; and at the same time notify in writing to the complainant, to the agency, organization or individual to which the complaint is forwarded.”
Accordingly, if complaints about administrative decisions or acts fall under the authority of any level agency, the petition handler shall propose the head of that level agency to accept and settle.
If the complaint does not fall under the settlement competence of the complaint-receiving police agency, the petition-handling officer shall forward the complaint to the head of the agency competent to settle the complaint.
From June 15, 2022, will the settlement of complaints and reflections fall under the jurisdiction of the People's Public Security Bureau according to the new process?
Regulations on handling complaints about criminal procedural decisions and criminal procedural acts?
Pursuant to Article 10 of Circular 19/2022/TT-BCA stipulating as follows:
“Article 10. Handling of complaints about procedural decisions or criminal acts; decisions, illegal acts in criminal judgment execution
1. With regard to complaints about criminal procedural decisions and acts of investigators, investigating officers, deputy heads and heads of investigating bodies, who are assigned the task of conducting a number of investigative activities, the application-handling officer proposes a competent agency, unit or person to consider and settle it according to the provisions of Article 475 of the 2015 Criminal Procedure Code.
2. For complaints about the investigation conclusions of the deputy heads of the investigating bodies, the officers handling the proposals shall transfer them to the heads of the investigating bodies of the same level for settlement.
3. For complaints about the investigation conclusion of the head of the investigating authority, the officer handling the application shall be transferred to the People's Procuracy of the same level for settlement.
4. For complaints about decisions or procedural acts on urgent detention, arrest, custody or temporary detention, the application-handling officer shall transfer the request to the head of a competent agency or unit for consideration. settlement according to the provisions of Article 474 of the Criminal Procedure Code 2015.
5. For complaints about illegal decisions or acts in criminal judgment execution, the application-handling officer shall transfer them to the heads of agencies, units or competent persons for consideration and settlement as prescribed in Clause 1 of this Article. Clauses 2, 3, 4, 5, 6 and 7 Article 178 of the 2019 Law on Execution of Criminal Judgments.”
Thus, complaints about criminal procedural decisions and acts of investigators, investigating officers, deputy heads and heads of investigating bodies will be made by competent persons according to Article 475 of the Criminal Procedure Code. 2015 resolved. With regard to the investigation conclusion of the deputy head of the investigating agency, when complained, the head of the investigating agency at the same level shall have the authority to settle the complaint.
Regulations on handling complaints and reflections in the people's police?
Pursuant to Article 12 of Circular 19/2022/TT-BCA stipulates as follows:
“Article 12. Handling petitions and complaints
The handling of petitions and complaints shall be carried out as follows:
1. Classify applications according to the provisions of Article 6 of this Circular.
2. The application has contents about payroll work, cadre work, internal political protection work, policy work, insurance work in the People's Police as prescribed in Clause 8 Article 4 of the Circular If this issue falls under the handling competence of the head of the police agency or unit at any level, it shall be transferred to the head of the police agency or unit at that level for settlement according to his/her competence.
3. Any petition or complaint falling within the settlement competence of a police agency or unit shall be forwarded to that agency or unit for consideration and settlement; if the application has been jointly submitted to a competent agency or unit for settlement, the application shall be saved as prescribed in Article 16 of this Circular.”
Thus, complaints and reflections will be classified according to the content and purposes and requirements of the petitioner. Complaints and reflections falling under the settlement competence of any police agency shall be sent to that agency for consideration and complaint settlement.
The above are some regulations on handling complaints and reflections that fall within the jurisdiction of the People's Police.
Circular 19/2022/TT-BCA takes effect from June 15, 2022.
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