Guidelines for handling cases of complaints not under the authority of the People's Public Security forces in Vietnam

Guidelines for handling cases of complaints not under the authority of the People's Public Security forces in Vietnam​ (Illustration)

Article 7 of Circular 85/2020/TT-BCA provides regulations on handling information about complaints not under the jurisdiction and responsibility of the People's Public Security forces in Vietnam as follows:

1. Within 05 working days from the date the police agency or unit receives the complaint information, if it is not under their jurisdiction, they must transfer it to the competent authority as follows:

- Complaints about legal violations by officials and public employees outside the People's Public Security Forces but not involving criminal signs or complaints about legal violations in state management in various fields, not under the police responsibility, must be transferred to the head of the competent agency or unit managing those officials and public employees for review and resolution according to the provisions of Article 12 of the Law on Complaints or transferred to the competent state management agency according to the provisions of Clause 1, Article 41 of the Law on Complaints and inform the complainant;

- In cases where the complainant files a direct complaint, guide the complainant to file the complaint with the competent agency, organization, or individual for consideration and resolution.

2. If a complaint not under the responsibility of the People's Public Security forces in Vietnam is received, but the complaint is simultaneously sent to the competent agency, organization, or individual to resolve; the complaint content is identical to that previously guided and transferred to the competent agency, organization, or individual for resolution, it should be filed without processing.

In cases within their jurisdiction, the People's Public Security forces in Vietnam receive complaint information as follows: Individuals, agencies, or police units at all levels must record and enter the information into the database system (if available) for management and monitoring; stamp "Received" and specify the date, month, and year of receiving the complaint. The processing officer or the person authorized to handle the complaint must ensure the safekeeping of the complaint and other related documents, preventing any damage, loss, or alteration of the complaint's form or content, and must keep the complainant's information confidential.

More details can be found in Circular 85/2020/TT-BCA (effective from September 19, 2020).

Thuy Tram

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