Handling of Information on Allegations of Legal Violations by the Police as Regulated?

Processing information on denouncements of violations of the law by the Police is regulated in Clause 1, Article 6 of Circular 85/2020/TT-BCA. Specifically:

Processing information on denouncements of violations of the law by agencies, units, officers, and police personnel in performing their duties:

- Within 07 working days from the date of receiving the denouncement information under their jurisdiction, the head of the police agency or unit must organize the inspection and verification of the name, address of the denouncer, and the conditions for accepting the denouncement to decide whether to accept or not to accept the denouncement for resolution; in the case where the denouncement falls under their jurisdiction and meets the conditions for acceptance as prescribed in Clause 1, Article 29 of the Law on Denouncements, they shall accept the denouncement. If the denouncement does not meet the conditions for acceptance, they shall not accept it and must notify the denouncer in writing of the acceptance or non-acceptance of the denouncement; if the inspection and verification need to be conducted at multiple locations or need to be authorized to competent agencies, organizations for inspection and verification, the timeframe may be extended but not exceed 10 working days;

- For denouncements not under their jurisdiction but under the resolution responsibility of the People’s Public Security, within 05 working days from the date of receiving the denouncement, the agency, unit receiving the denouncement must transfer it to the head of the competent police agency or unit for resolution according to the provisions in Article 5 of Decree No. 22/2019/ND-CP for review and resolution; concurrently notify in writing to the denouncer and the Police Inspection agency at the same level as the competent agency, unit for resolving the denouncement;

- In the case where the denouncement is not under their jurisdiction and has been simultaneously sent to multiple agencies, units, individuals, including a competent agency, unit, individual to resolve the denouncement within the People’s Public Security or has been directed but the denouncer still sends the denouncement, it should be archived without processing;

- In the case where the denouncer does not directly denounce but authorizes someone else to denounce or it is determined that the denouncer does not have the civil act capacity and does not have a legal representative as per the law, the letter should be archived without processing;

- In the case where the denouncement has been resolved according to the law, checked, reviewed, and notified in writing but the denouncer continues to denounce without providing new information or details, it should not be reconsidered, processed, and the letter should be archived;

- In the case where the denouncer has grounds to believe that the resolution of the denouncement is not conforme with the law or the denouncement has not been resolved within the stipulated timeframe; the subordinate police agency, unit shows signs of lack of objectivity in resolving the denouncement, the letter should be transferred or the denouncer should be guided to the head of the immediate superior police agency, unit of the person resolving the denouncement for review and handling as stipulated in Clause 1, Article 37 and Clauses 1, 5, Article 38 of the Law on Denouncements.

Respectfully.