Circular 11: Regulations on the Procedures for Handling Complaints in the People's Public Security Forces

Circular 11: Regulations on the process for handling complaints within the People's Public Security Force (Illustrative Image)

Circular 11/2015/TT-BCA provides regulations on the process for handling complaints within the People's Public Security Force. Specifically, as follows:

- Within 10 (ten) working days from the date of receiving a complaint within the jurisdiction to resolve and not falling under one of the cases listed in Article 11 Law on Complaints 2011, the Head of the relevant Police unit or local police authority (hereinafter referred to as the competent person to handle the complaint) in the first or second instance must process and resolve the complaint and notify the processing in writing to the complainant and the relevant agencies, organizations, units, and individuals who transferred the complaint (if any). In case of not processing and resolving, a clear reason must be provided to the complainant.

- In the case where multiple people complain about the same content and appoint a representative to lodge the complaint, the processing and notification of the processing are sent to the representative.

- After acknowledging the complaint, for complaints against administrative decisions and administrative actions, the competent person to handle the complaint in the first instance must inspect the contested administrative decision and administrative action. For complaints against policy decisions, disciplinary decisions, or decisions related to police officers, the competent person to handle the complaint must directly inspect or assign a responsible person to inspect the contested decision.

- The scope of inspection includes:

- Legal grounds for issuing the administrative decision, performing the administrative action, policy decision, or disciplinary decision concerning police officers;- Authority to issue the administrative decision, perform the administrative action, policy decision, or disciplinary decision concerning police officers;- Content of the administrative decision, implementation of the administrative action, policy decision, or disciplinary decision concerning police officers;- Procedures, forms, and technical documents of the administrative decision, policy decision, or disciplinary decision concerning police officers.

Note: In cases where the administrative decision, administrative action, policy decision, or disciplinary decision is correct, the competent person to handle the complaint in the first instance may issue a decision to resolve the complaint immediately without proceeding with verification and conclusion as per the regulated process.

For further details, see Circular 11/2015/TT-BCA which takes effect from April 20, 2015.

Ty Na

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