Procedure for resolving complaints within the People's Public Security forces in Vietnam

Procedure for resolving complaints within the People's Public Security forces in Vietnam​ (Illustrative photo)

Article 10 of Circular 85/2020/TT-BCA stipulates the sequence, procedures, and time limits for resolving complaints in the People's Public Security in Vietnam as follows:

1. The sequence, procedures, and time limits for resolving complaints in the People's Public Security shall be implemented according to the provisions in Article 8 of Decree 22/2019/ND-CP and other regulations of the Ministry of Public Security of Vietnam.

2. In case the complainant withdraws the complaint, it shall be handled in accordance with the provisions of Article 33 of the Law on Complaints and Article 4 of Decree 31/2019/ND-CP. In case the complainant withdraws part of the complaint which does not fall under the provisions of Clause 3, Article 33 of the Law on Complaints, the person resolving the complaint in the People's Public Security shall issue a written notice of non-resolution for that part and continue to resolve the remaining contents of the complaint according to the provisions of the Law on Complaints. If multiple people file a complaint and one or some of them withdraw part of the complaint, if the content of the complaint does not fall under the provisions of Clause 3, Article 33 of the Law on Complaints, the person resolving the complaint in the People's Public Security shall issue a written notice accepting the withdrawal of the complaint for those individuals and continue to resolve the complaint according to the provisions of the Law on Complaints.

3. The verification, conclusion, and recommendation of measures to handle the complaint shall be implemented in accordance with the provisions of the law on complaints. The decision to handle the complaint shall only be issued when the person being complained about has violations and requires disciplinary actions or other handling measures according to the provisions of the law. The person resolving the complaint must notify the result of the complaint resolution in writing to the complainant, the person being complained about, and responsible agencies, individuals. The conclusion of the complaint content and the decision to handle the violation (if any) must be disclosed according to the provisions of Article 13 of Decree 22/2019/ND-CP.

4. The person resolving the complaint is responsible for resolving the complaint in accordance with the law, including taking necessary measures to prevent potential damage; ensuring the safety of the complainant and their relatives; strictly handling agencies, units, Public Security officers, and other individuals or organizations violating the law, and bearing responsibility before the law for their decisions.

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

Thuy Tram

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE