Which authorities have competence in handling disciplinary decisions against public security worker in Vietnam?

Which authorities have competence in handling disciplinary decisions against public security worker in Vietnam?

Pursuant to Clause 3, Article 5 of the Circular 23/2022/TT-BCA (takes effect from 30/06/2022) stipulating competence in handling disciplinary decisions against public security worker in Vietnam as follows:

3. For disciplinary decisions against public security workers:

a) According to their delegated authority, Heads of agencies or units competent to manage public security workers shall settle first appeals against disciplinary decisions that they have issued;

b) Immediate superiors of heads in charge of public security workers shall be accorded authority to handle the second appeals against disciplinary decisions if the first appeals have been resolved by these heads, but still exist, or remain unsolved upon expiry of the limitation periods.

What are procedures for handling of appeals arising in people's public security forces in Vietnam?

Pursuant to Article 6 of the Circular 23/2022/TT-BCA (takes effect from 30/06/2022) stipulating procedures for handling of appeals arising in people's public security forces in Vietnam as follows:

1. 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 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.

2. 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 the appeal against the disciplinary decision, the notification must be sent to the appellant.

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