In which cases does a Police Officer have the right to initiate an administrative lawsuit?

04:25, 10/07/2024

This is the notable content stipulated in Circular 68/2013/TT-BCA guiding the handling of complaints, recommendations, and reflections; resolving complaints and managing the resolution of complaints within the People's Public Security.

Clause 2, Article 13 of Circular 68/2013/TT-BCA stipulates that police officers and soldiers have the right to file administrative lawsuits in cases of disciplinary dismissal if they do not agree with the resolution decision on the dismissal discipline decision or if the time limit for the first and second complaint resolution, as prescribed in Article 50 of the Law on Complaints 2011, has expired without the complaint being resolved. In such cases, they have the right to file an administrative lawsuit at the Court as stipulated by the Administrative Procedure Law 2010.

Administrative lawsuit plaintiff, Circular 68/2013/TT-BCA

Illustrative image (Source: internet)

Additionally, the right to complain and the right to file administrative lawsuits of police officers and soldiers are further clarified as follows:

- Officers, non-commissioned officers, soldiers serving for a definite term, and students of police schools have the right to complain about disciplinary decisions to agencies, units, and individuals with authority in the People's Police as prescribed by the Law on Complaints 2011 and Circular 68, but they are not allowed to file a lawsuit at the Administrative Court.- Police workers on the State payroll system have the right to complain about disciplinary decisions according to the regulations on complaints and complaint resolution of disciplinary decisions of officials in Chapter IV of the Law on Complaints 2011 and Article 4 of Decree 75/2012/ND-CP.

See the full regulation at Circular 68/2013/TT-BCA effective from March 1, 2014.

Thu Ba

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