Conducting verification of accusation content during the process of resolving accusations in Vietnam

Conducting verification of accusation content during the process of resolving accusations in Vietnam​ (Illustration)

Article 14 of Circular 12/2015/TT-BCA specifies the process for verifying complaints within the People's Public Security as follows:

1. Working with the complainant

- The verification team must work directly with the complainant; request the complainant to provide information, documents, and evidence to clarify the complaint content.

- In cases where it is not possible to work directly with the complainant due to objective reasons, the individual who decided to establish the verification team or the head of the verification team must issue a written request for the complainant to provide information, documents, and evidence to clarify the complaint content.

2. Working with the agency, organization, unit, or individual being complained about

- The verification team must work with the agency, organization, unit, or individual being complained about; request the person being complained about to provide a written explanation of the complaint content and to provide related information, documents, and evidence.

- If the explanation of the agency, organization, unit, or individual being complained about is unclear; or the information, documents, and evidence provided are insufficient, the verification team will request further explanations and provision of information, documents, and evidence about unclear matters.

3. Working with related agencies, organizations, units, and individuals

- The person who decided to establish the verification team or the head of the verification team may request related agencies, organizations, units, and individuals to provide information, documents, and evidence related to the complaint content. This request must be made in writing.

- If necessary, the verification team may directly work with related agencies, organizations, units, and individuals to collect information, documents, and evidence related to the complaint content and request a written report and explanation.

4. Working principles: When working with the complainant, the agency, organization, unit, or individual being complained about, or related parties, the chairperson of the meeting must make a record, which must be signed by the complainant, the agency, organization, unit, or individual being complained about, and related parties. A copy of the record must be provided to these individuals and entities (if requested).

Thus, based on the verification plan, case details, or direction of the person who established the verification team, the verification team will conduct on-site verification at necessary locations to collect, check, and determine the accuracy and legality of the information, documents, and evidence related to the complaint content. During the verification process, if deemed necessary, the verification team may publicly use technical equipment such as audio and video recorders to support verification; and may request specialized agencies and organizations to provide expert evaluations on relevant technical matters as a basis for concluding the complaint content and handling the violation behavior being complained about.

Additionally, this Circular stipulates that if necessary, the head of the verification team should report to the complaint resolution authority or the Head of the Inspectorate, or relevant functional agencies, to extend the resolution period once by no more than 30 days; in complex cases, the period should not exceed 60 days.

For details, refer to Circular 12/2015/TT-BCA which took effect on April 20, 2015.

Ty Na

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