Order of Organizing Dialogues in the Process of Complaint Resolution within the People's Public Security Forces

Procedure for Organizing Dialogue during the Complaint Resolution Process in the Vietnam People’s Public Security Forces (illustrative image)

Circular 11/2015/TT-BCA stipulates that during the resolution process of the first and second complaints against administrative decisions, administrative acts, decisions on policy such as discipline decisions against officers and soldiers in the Police Forces, if the complaint request and the result of verifying the content of the complaint differ, or if the discipline decision involves officers, the person authorized to resolve the complaint or the one responsible for verifying the content of the complaint must organize a dialogue. The procedure for organizing the dialogue is as follows:

- Preparation for dialogue: The person authorized to resolve the complaint or the one responsible for verification should prepare the dossier that has been reviewed and verified; documents and evidence collected; draft verification report; identify the content to be discussed and notify the complainant or the legal representative of the complainant, the complained person, relevant agencies, units, and individuals about the time, location, and content of the dialogue.

- Participants in the dialogue: The person authorized to resolve the complaint or the one responsible for verifying the complaint’s content; the complainant or the legal representative of the complainant; the complained person; other relevant agencies, units, individuals, and the person resolving the complaint for the first time (if any);

- Conducting the dialogue: The person authorized to resolve the complaint or the one responsible for verifying the complaint’s content checks the identification of participants; states the reason, rules of dialogue, and guides the parties on the method and content to be discussed; the person responsible for verification reports the result of verifying the complaint's content and recommends resolving the complaint; the complainant or their legal representative, the complained person presents opinions on the matter, the verification result, and resolution recommendations as announced by the dialogue presider; supplements any information, documents, evidence related to the complaint and their requests and wishes; the opinions of representatives of other relevant agencies, units, individuals, and the person resolving the complaint for the first time (if any); the person authorized to resolve the complaint or the one responsible for verification concludes the content of the dialogue and suggests the solution.

Note: The dialogue proceedings must be recorded in a minute, fully detailing the content and opinions of participants, the agreed-upon contents, and any differing opinions (if any), and the document must be signed by all parties. The minute is made in at least 03 copies; each party retains one copy.

For more details, see Circular 11/2015/TT-BCA effective from April 20, 2015.

Ty Na

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