What is the process of handling complaints and reflections in the People's Police from June 15, 2022?

On April 29, 2022, the Ministry of Public Security issued Circular 19/2022/TT-BCA stipulating the receipt, classification and handling of complaints, petitions and reflections in the People's Police. So according to this Circular, how is the handling of complaints and reflections done?

Regulations on receiving complaints and petitions in the people's police?

Pursuant to Article 5 of Circular 19/2022/TT-BCA stipulating as follows:

“Article 5. Receipt of applications
Applications are received for classification and processing from the following sources:
1. The application is sent by postal service; suggestion box of agencies and units in the People's Public Security.
2. An application made directly by an individual or representative of an agency or organization to a police agency to complain, propose or report directly.
3. Applications submitted by leaders of the Party and State, National Assembly deputies, National Assembly delegations, agencies of the National Assembly and the National Assembly Standing Committee, Vietnam Fatherland Front Committee and member organizations Members of the Front, press agencies and other agencies, organizations and units move in as prescribed by law.”

Accordingly, complaints and written complaints are sent by post or comment box at the People's Public Security Agency.

Regulations on classification of complaints and complaints in the people's police?

Pursuant to Article 6 of Circular 19/2022/TT-BCA stipulates as follows:

“Article 6. Bases for classification of applications”
1. Applications are classified regardless of title, on the following grounds:
a) Contents presented in the application;
b) Purpose and requirements of the applicant.
2. Based on the settlement competence, the report-handling officer shall propose the head of the agency or police unit at his/her level to consider and handle the application in accordance with law.”

Accordingly, complaints and complaints will be classified based on the content of the application and the purposes and requirements of the petitioner.

Quy định về việc xử lý đơn khiếu nại, đơn phản ánh trong Công an nhân dân sẽ có hiệu lực từ ngày 15/6/2022?

Quy định về việc xử lý đơn khiếu nại, đơn phản ánh trong Công an nhân dân sẽ có hiệu lực từ ngày 15/6/2022?

The initial handling of complaints and complaints in the people's police?

Pursuant to Article 7 of Circular 19/2022/TT-BCA stipulating as follows:

“Article 7. Initial handling
1. An application eligible for processing is an application that meets the following requirements:
a) Application form: The application is written in Vietnamese; clearly state the date, month and year of the application; full name, address of the applicant; signature or fingerprint of the applicant. In case the application is written in a foreign language, a notarized translation must be attached;
b) Contents of the application: A written complaint, petition or reflection clearly stating the name and address of the agency, organization or individual subject to the complaint, recommendation or feedback; contents and reasons for complaints, recommendations and reflections; requests of complainants, petitions and reflections;
c) Documents related to the complaint, recommendation and reflection (if any).
2. Applications not eligible for processing include:
a) The application does not satisfy the requirements specified in Clause 1 of this Article;
b) The application is sent to many agencies, organizations, units and individuals, including agencies, organizations, units or persons with handling competence, but the application-receiving agency or unit is not within the competence to handle the application. decide;
c) The application has the same contents as the application has been transferred or has been guided as prescribed;
d) The application contains contents opposing the lines and undertakings of the Party, policies and laws of the State; the petition contains the content of division, unity, ethnicity and religion; the application contains profanity, libel, and insults the honor and reputation of individuals, agencies, organizations and units;
d) The application is torn, the handwriting is erased, unclear or unreadable.
3. If an application contains many complaints, denunciations, recommendations or reflections, the application-handling officer shall instruct the petitioner to separate each content to send it to the correct agency, organization, unit or person. Authority to solve. In case the application falls under its jurisdiction, it is proposed to separate each content for settlement in accordance with the order and procedures prescribed by law.
4. The time limit for handling complaints shall comply with the provisions of Article 27 of the Law on Complaints 2011; the time limit for handling petitions and reflections shall comply with the provisions of Article 28 of the 2013 Law on Citizen Reception.”

The application is eligible for the police agency to handle the complaint, reflecting that the application meets the conditions in both content and form. Ineligible applications will not be processed.

Regulations on handling complaints and reflections that are not within the competence of the people's police?

Pursuant to Article 13 of Circular 19/2022/TT-BCA stipulating the handling of complaints, petitions and reflections as follows:

“Article 13. Handling of complaints, petitions and reflections
The handling of complaints, petitions and reflections shall be carried out as follows:
1. Classify applications according to the provisions of Article 6 of this Circular.
2. Instruct complainants, petitioners and reflectors to submit applications and forward their applications to the correct agencies, units, organizations or persons competent to settle.
3. Return the original petitions, papers and documents of the complainant, petitioner or reflection (if any).
4. The instructions for submitting and transferring applications shall be made in writing by competent authorities in the People's Police.
5. In case of receiving complaints, petitions or reflections transferred by agencies, organizations and individuals as prescribed in Clause 3, Article 5 of this Circular, the officer handling the application shall report to the head of the agency. competent agencies and units to consider and handle them according to regulations and give a written response.”

Accordingly, the application-receiving agency is responsible for instructing the complainant to send the complaint to the correct agency competent to settle and return the original application and papers of the complainant.

The above are some regulations on classification, receipt and handling of complaints and complaints in the People's Police.

Circular 19/2022/TT-BCA takes effect from June 15, 2022.


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