Procedures for handling information on allegations of violations by Public Security officers in Vietnam

Procedures for handling information on allegations of violations by Public Security officers in Vietnam​ (Illustrative image)

In Circular 85/2020/TT-BCA, the initial handling of complaint information regarding violations of the law by agencies, units, officers, and soldiers of the public security force while performing duties in Vietnam is regulated as follows:

- Within 07 working days from the date of receiving the complaint information under their jurisdiction, the head of the public security agency or unit must organize an inspection, verify the name, address of the complainant, and conditions for accepting the complaint to decide whether to accept or not to accept the complaint for resolution. If the complaint is within jurisdiction and meets the acceptance conditions as prescribed in clause 1, Article 29 of the Law on Complaints, the complaint will be accepted; if the complaint does not meet the acceptance conditions, it will not be accepted, and a written notification must be sent to the complainant about the acceptance or non-acceptance. In cases where multiple locations need inspection or verification, or authorization to competent authorities for inspection and verification is required, the time limit can be extended but not to exceed 10 working days;

- For complaints that are not within their jurisdiction to resolve but fall under the responsibility of the People's public security, within 05 working days from the date of receiving the complaint, the receiving agency or unit must transfer it to the head of the competent public security agency or unit for resolution as prescribed in Article 5 of Decree No. 22/2019/ND-CP, and simultaneously notify the complainant and the inspection agency at the same level as the agency or unit with the authority to resolve the complaint;

- For complaints not within their jurisdiction and sent simultaneously to many agencies, units, individuals, among which there is an agency, unit, or individual competent to resolve the complaint in the People's public security force, or despite guidance, the complainant still sends the complaint, the complaint will be filed and not handled;

- If the complainant does not directly file the complaint but authorizes another person to file it, or if it is determined that the complainant lacks civil capacity without a legal representative, the complaint will be filed and not handled;

- If the complaint has been legally resolved, checked, reviewed, and informed in writing, but the complainant continues to lodge the complaint without providing new information or circumstances, the complaint will not be considered, handled, and will be filed;

- If the complainant has grounds to believe that the resolution of the complaint is non-conformable with the law or beyond the prescribed time limit, the complaint is not resolved; the lower-level public security agency or unit shows signs of bias in resolving the complaint, the complaint will be transferred, or the complainant will be guided to the head of the directly superior public security agency or unit for consideration and handling as prescribed in clause 1, Article 37, clauses 1 and 5, Article 38 of the Law on Complaints.

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

Thuy Tram

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