What are bases for classification of complaints/petitions in the people's police in Vietnam?
What are bases for classification of complaints/petitions in the people's police in Vietnam? What is initial handling of complaints/petitions in the people's police in Vietnam? Please advise according to latest regulations.
1. What are bases for classification of complaints/petitions in the people's police in Vietnam?
Pursuant to Article 6 of Circular 19/2022/TT-BCA (effective from June 15, 2022), bases for classification of complaints/petitions in the people's police are as follows:
1. Complaints/petitions are classified regardless of title, on the following grounds:
a) Contents presented in the complaint/petition;
b) Purposes and requirements of the complainant/petitioner.
2. Based on the handling competence, the handling officer shall report or propose the head of the police agency or unit to consider and handle the complaint/petition in accordance with law.
2. What is initial handling of complaints/petitions in the people's police in Vietnam?
According to Article 7 of Circular 19/2022/TT-BCA, initial handling of complaints/petitions in the people's police is as follows:
1. A complaint/petition eligible for handling shall meets the following requirements:
a) Form: The complaint/petition is written in Vietnamese; clearly states the date, month and year of the complaint/petition; full name and address of the complainant/petitioner; signature or fingerprint of the complainant/petitioner. In case the complaint/petition is written in a foreign language, a notarized translation must be attached;
b) Contents of the complaint/petition: The complaint/petition must clearly state the name and address of the agency, organization or individual subject to the complaint/petition; contents and reasons for complaint/petition; requests of the complainant/petitioner;
c) Documents related to the complaint/petition (if any).
2. A complaint/petition is not eligible for handling if:
a) The complaint/petition does not satisfy the requirements specified in Clause 1 of this Article;
b) The complaint/petition is sent to many agencies, organizations, and persons, including competent and non-competent agencies, organizations, or persons for handling;
c) The complaint/petition has the same contents as another complaint/petition that has been transferred or has been guided as prescribed;
d) The complaint/petition contains contents opposing the guidelines and policies of the Party, policies and laws of the State; the complaint/petition contains the content that drives a wedge between the peoples or religion; the complaint/petition contains profanity, defamation, and offence to the honor and reputation of individuals, agencies, and units;
d) The complaint/petition is torn, the handwriting is erased, unclear or unreadable.
3. If a document contains multiple complaints, whistleblowing reports, or petitions, the handling officer shall instruct the complainant/petitioner to separate each matter to send it to the properly competent agency, organization, unit or person for settlement. In case the complaint/petition falls under its jurisdiction, it is proposed to separate each matter for settlement in accordance with the procedures prescribed by law.
4. The time limit for handling a complaint shall comply with Article 27 of the Law on Complaints 2011; the time limit for handling petitions shall comply with Article 28 of the Law on Citizen Reception 2013.
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