What are regulations on collecting, processing information, documents, and evidence related to the content of complaints of the People's Public Security of Vietnam?

What are regulations on collecting, processing information, documents, and evidence related to the content of complaints of the People's Public Security of Vietnam?

Pursuant to Article 18 of Circular 129/2020/TT-BCA stipulating regulations on collecting, processing information, documents, and evidence related to the content of complaints as follows:

1. The collection of information, documents, and evidence related to the content of the complaint shall be based on the approved verification plan and the requirements of the complaint handling. When receiving information, documents, and evidence provided directly by the complainant, the accused person, the agency, organization, unit, or individual concerned, the verification team must prepare a handover minutes.

2. The information, documents, and evidence collected directly must clearly state the source. When collecting a copy, the verification team must compare it with the original; if there is no original, it must be stated in the handover minutes. The information, documents, and evidence provided by the agency, organization, unit, or individual must be confirmed by the agency, organization, unit, or individual that provided it. In case the document is old and incomplete, the condition of the document must be clearly described in the handover minutes. In case the document is in a foreign language or minority language, it must be translated into Vietnamese.

3. The verification team must check the authenticity and assess the evidentiary value of the information, documents, and evidence collected on the basis of compliance with the provisions of law, the principles in handling complaints, focusing on the information, documents, and evidence provided by the complainant to accuse the violation and the information, documents, and evidence provided by the accused person to explain and prove the truth or falsity of the content of the complaint.

4. The information, documents, and evidence collected during the complaint handling process must be managed strictly, used in accordance with regulations; only provided or announced when authorized by the competent authority. In case the documents and evidence are not available for collection and processing immediately, the verification team shall seal the documents and evidence and hand them over to the agency, organization, unit, or individual responsible for temporary storage.

What are regulations on collecting, processing information, documents, and evidence related to the content of complaints of the People's Public Security of Vietnam? - Source: Internet

What are regulations on delegating verification in the process of handling complaints of the People's Public Security of Vietnam?

Pursuant to Article 19 of Circular 129/2020/TT-BCA stipulating regulations on delegating verification in the process of handling complaints as follows:

1. In case of necessity, the person resolving the denunciation or the person who makes the decision to establish a verification team can authorize the verification to a competent agency or organization to check and verify information about the denouncer and conditions for accepting the denunciation or some other denunciation content. Authorization for verification is done in writing according to the prescribed form; The authorization document must clearly state the verification content and end date.

2. Agencies and organizations authorized to verify must ensure confidentiality of information about the whistleblower; fully perform the authorized tasks within the time limit stated in the verification authorization document and be responsible before the law for the results of implementing the verification authorization; In case the verification authorization cannot be carried out, a document clearly stating the reason must be immediately sent to the person resolving the denunciation or the Head of the authorized agency.

What are regulations on fact-finding in the process of handling complaints of the People's Public Security of Vietnam?

Pursuant to Article 20 of Circular 129/2020/TT-BCA stipulating regulations on fact-finding in the process of handling complaints as follows:

1. Based on the verification plan, case details or direction of the person making the decision to establish the Verification Team, the Verification team conducts physical verification at necessary locations to collect, check, and determine the accuracy and legality of information, documents, and evidence related to the denunciation content. During the verification process, if deemed necessary, the Verification Team publicly uses technical means such as: Audio recorder, video recorder and other technical means to support the verification.

2. The actual verification must be recorded in full records of the verification results, opinions of those participating in the verification and other relevant people. The record must be signed by the verifier and relevant people and must be kept in the denunciation settlement file.

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