Receiving, handling repeated accusations, and re-resolving accusations in the People's Public Security Forces in Vietnam

Receiving, handling repeated accusations, and re-resolving accusations in the People's Public Security Forces in Vietnam​ (Illustrative image)

According to Article 7 of Circular 12/2015/TT-BCA, within 10 days from the date of receiving the repeat accusation, the head of the immediate superior agency of the person responsible for resolving the accusation must consider and handle it:

- In cases where the statutory time limit for resolving the accusation has expired but the case has not been resolved, or there are contents of the accusation that have not been resolved, the person responsible for resolving the accusation must be requested to resolve it, and at the same time, report clearly the reason for not resolving the accusation;

- For accusations that have been resolved according to law but new details that were not discovered during the resolution process and can change the resolution results of accusations arise, the person who resolved the accusations must be requested to continue resolving the accusations accordingly;

- If there are no new details and no signs of law violations in the repeated accusation, it will not be handled; simultaneously, a written notice must be sent to the accuser, the relevant agency, organization, unit, or individual as prescribed.

During the consideration and handling process, if any of the following signs of law violations are detected, the accusation must be re-resolved:

1. There are serious violations of the law in the procedures for resolving accusations that can change the resolution results of the accusations;
2. There is an error in the application of the law in concluding the content of the accusations;
3. The conclusion on the content of the accusation does not match the documents and evidence collected;
4. The handling of the agency, organization, unit, individual being accused, and relevant organizations and individuals is not appropriate to the nature and level of the law violations that have been concluded;
5. There is evidence that the person resolving the accusation or the person receiving the accusation, or the person verifying the content of the accusation has distorted the case file;
6. There are signs of law violations by the accused agency, organization, unit, individual, but they have not been detected.

Note: The receipt, handling of repeated accusations, and re-resolving accusations must be carried out according to the legal provisions on accusations and the procedures prescribed in this Circular.

For more details, refer to the Circular 12/2015/TT-BCA, effective from April 20, 2015.

Ty Na

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