Draft report on verification results of the accusation content in Vietnam according to Circular 12

Draft report on verification results of the accusation content in Vietnam according to Circular 12​ (Illustrative image)

Article 16 of Circular 12/2015/TT-BCA stipulates that before drafting a report on the verification results of the complaint content, the Verification Team must hold a meeting to evaluate and compare the information, documents, and evidence collected based on the legal requirements with the complaint content; the draft report on the verification results of the complaint content must be reported to the person who issued the decision to establish the Verification Team for further direction. The draft report on the verification results of the complaint content must be discussed and commented on by the members of the Verification Team. The report on the verification results of the complaint content includes the following contents:

- The complaint content and the verification results of the Verification Team;

- Documents and evidence to prove the accuracy or inaccuracy of the complaint content; the agency, organization, unit, individual being accused;

- Evaluation and assessment of the legal violations by the agency, organization, unit, individual being accused, relevant agencies, organizations, and individuals; material and spiritual damages caused by the legal violations; the affected subjects; causes and responsibilities of the accused agencies, organizations, units, and individuals; related agencies, organizations, and individuals. Whether the complaint content is completely true, partially true, or false;

- Recommendations to the competent authority on measures to handle legal violations and require remedy of the consequences caused by such violations.

Furthermore, the Circular stipulates that the Verification Team shall meet to agree on the draft report on the verification results of the complaint content and report to the competent authority resolving the complaint. If members have differing opinions that do not affect the essence of the conclusion, the Team Leader of the Verification Team decides and takes responsibility. If differing opinions affect the conclusion, it must be reported to the person who issued the decision to establish the Verification Team, and the person resolving the complaint for guidance. In complex cases, if it is necessary to consult the professional advice of superior management agencies or other related agencies, organizations, units, or individuals, the person who issued the decision to establish the Verification Team, or the person resolving the complaint decides.

Note: The contents of the Verification Team meeting must be recorded in minutes; the minutes must fully and specifically record the comments of each member; any disagreements must clearly state the reasons and causes of the disagreement and the next steps for resolving such disagreements.

Details can be found at Circular 12/2015/TT-BCA which is effective from April 20, 2015.

Ty Na

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