Vietnam: What are the procedures for handling appeals in the People’s Public Security forces?
- What are the procedures for handling appeals in the People’s Public Security forces of Vietnam?
- What are the procedures carried out by persons handling appeals for inspecting issued administrative decisions in Vietnam?
- Who has the power to settle appeals against disciplinary decisions of public security officers, staff, and workers in Vietnam?
What are the procedures for handling appeals in the People’s Public Security forces of Vietnam?
The handling of appeals is specified in Article 6 of Circular 23/2022/TT-BCA as follows:
- Within 10 working days of receipt of the appeal against an administrative decision, administrative action, or disciplinary decision under his/her jurisdiction, if the appeal does not fall into one of the cases specified in Article 11 of the Law on Complaint, the person handling the first or second appeal must accept the settlement of that appeal.
- In the case where multiple persons make an appeal involving the same issue and appoint a representative to present such issue, that appeal shall be accepted for settlement in the following circumstances: the appeal has all the signatures or fingerprints of the appellants; there is the written document on appointment of the representative according to Article 7 of the Decree No. 124/2020/ND-CP.
- The acceptance or refusal of handling of the appeal must be notified in writing.
- Within 05 working days from the date of issuance of the notification of acceptance or non-acceptance of the appeal against an administrative decision or administrative action, such notification must be sent to the appellant or the representative or authorized person, lawyer, legal assistant to the appellant (hereinafter referred to as the appellant's legal representative) and the agency, unit, organization or individual that has transferred that appeal (if any).
- In case of an appeal against the disciplinary decision, the notification must be sent to the appellant.
What are the procedures carried out by persons handling appeals for inspecting issued administrative decisions in Vietnam?
Pursuant to Article 7 of Circular 23/2022/TT-BCA on this content as follows:
Examination of administrative decisions, administrative actions and disciplinary decisions subject to the appellate process
1. After acceptance of the appeal, the person handling the first appeal must examine the administrative decision or administrative action subject to the appellate process.
For the appeal against the disciplinary decision of a public security officer, staff and worker, the person handling the appeal shall directly examine or assign the person to take responsibility for checking the decision subject to appeal.
2. Scope of examination:
a) Legal basis for issuance of the administrative decision, implementation of the administrative action or the disciplinary decision of the public security officer, staff or worker;
b) Authority to issue the administrative decision, enforce the administrative action or the disciplinary decision of the public security officer, staff or worker;
c) Content of the administrative decision, implementation of the administrative action or the disciplinary decision of the public security officer, staff or worker;
d) Processes and procedures for issuance of the administrative decision or the disciplinary decision of the public security officer, staff or worker;
dd) Others (if any).
3. After completion of the re-examination process, if it is determined that the appeal is right, the person handling the first appeal shall issue the appeal settlement decision at once without needing to verify it, and make a judgment according to the prescribed procedures. If it is established that the appeal is ungrounded, the appeal-handling person shall verify the case.
Accordingly, After acceptance of the appeal, the person handling the first appeal must examine the administrative decision or administrative action subject to the appellate process.
- For the appeal against the disciplinary decision of a public security officer, staff, and worker, the person handling the appeal shall directly examine or assign the person to take responsibility for checking the decision subject to appeal.
After completion of the re-examination process, if it is determined that the appeal is right, the person handling the first appeal shall issue the appeal settlement decision at once without needing to verify it and make a judgment according to the prescribed procedures. If it is established that the appeal is ungrounded, the appeal-handling person shall verify the case.
Who has the power to settle appeals against disciplinary decisions of public security officers, staff, and workers in Vietnam?
According to the provisions of Article 5 of Circular 23/2022/TT-BCA ass follows:
Authority to settle appeals against disciplinary decisions of public security officers, staff, and workers
+ 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 the Ministry of Public Security,
++ Directors of Police authorities of provinces and centrally-run cities
++ Minister of Public Security
+ For disciplinary decisions:
++ Directors of academies and principals of People's Public Security schools
++ Inspectors of the Ministry 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.
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