Authority to Handle Complaints Against Administrative Decisions in the People’s Public Security Forces

Circular 68/2013/TT-BCA guides the handling of complaints against administrative decisions and actions within the People's Police as follows:

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- Complaints against administrative decisions or actions under the jurisdiction of the Head of the police agency or unit level, if not falling under one of the cases stipulated in Article 11 of the Law on Complaints 2011, shall be recommended by the handling officer to the Head of the police agency or unit of that level to accept and resolve according to the provisions of law.

- If the complaint falls under one of the cases stipulated in Article 11 of the [Law on Complaints 2011](https://lawnet.vn/vb/luat-khieu-nai-2011-2055e.html), it shall not be accepted, but a written notice stating the reasons for not accepting the complaint shall be sent to the complainant;

- In case the complaint against administrative decisions or actions is not under the jurisdiction of the Head of the police at the same level, but falls under the responsibility of the People's Police, the handling officer shall base the jurisdiction stipulated in Article 9 of this Circular to recommend the Head of the police at the same level to transfer the complaint to the Head of the authorized police agency or unit for consideration and resolution, and a written notice shall be sent to the complainant, the agency, organization, or individual who transferred the complaint; simultaneously, the complaint transfer shall be notified to the Inspectorate organization of the police at the same level as the agency or unit authorized to resolve the complaint to assist the Head at the same level in monitoring and managing the resolution results;- In case the police agency or unit receives a complaint against an administrative decision or action under the jurisdiction of the direct lower-level Head of the police, but the initial complaint is not resolved within the regulated time limit, if the conditions stipulated in Clause 1 Article 33 of the Law on Complaints 2011 are met, the handling officer shall recommend the Head of the police who received the complaint to accept and resolve it; simultaneously, a written notice shall be sent to the complainant, the agency, organization, or individual who transferred the complaint.

Thus, depending on each case of complaints against administrative decisions and actions, authorized agencies shall receive and handle them according to legal regulations.

See other provisions in Circular 68/2013/TT-BCA effective from March 1, 2014.

Thu Ba

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