Regulations on handling complaints based on complaint conclusion findings in Vietnam

Regulations on handling complaints based on complaint conclusion findings in Vietnam​ (Illustration Image)

Article 19 Circular 12/2015/TT-BCA stipulates that the complaint handler shall handle complaints based on the complaint conclusion as follows:

1. For acts violating the law, regulations governing duties, public services, and other regulations of the Ministry of Public Security under their jurisdiction, the complaint handler shall carry out procedures to discipline, impose administrative sanctions, and apply other measures according to the law to handle the violations, compelling rectification of consequences caused by the violations; issue decisions to recover money, property (if any).

2. For acts violating the law, regulations governing duties, public services, and other regulations of the Ministry of Public Security under the jurisdiction of agencies, organizations, units, or individuals under their management, the complaint handler shall direct such agencies, organizations, units, or individuals to handle the violations and compel rectification of consequences caused by the violations.

3. For acts violating the law with signs of crime, a written document shall be sent to the Investigative Agency to handle according to the law. The dossier transferred to the Investigative Agency is the dossier prepared during the complaint resolution process and must be copied for archiving as prescribed. The dossier transfer is documented according to the prescribed form.

4. For acts violating the law not covered in the aforementioned cases, a written recommendation shall be made for the competent agency, organization, unit, or individual to handle the violations, along with the violation dossier.

5. In cases where the complainant intentionally makes false complaints, the complaint handler must take measures within their competence to handle the complainant or recommend the competent agency, organization, unit, or individual to handle according to the law.

Note:

- The documents handling complaints outlined in points 1 and 2 must specify the time to complete the handling contents, the responsibility of the relevant agencies, organizations, units, or individuals in implementing; the results must be reported to the immediate superior chief and the inspection agency for managing the complaint resolution work.

- If the complaint handling recommendation is not implemented by the specified time, the complaint handler and the chief of the agency assigned to verify the complaint content shall send a written reminder to the agency, organization, unit, or individual tasked with handling the complaint. If, after the reminder, the complaint handling recommendation is still not implemented, it shall be reported to the competent chief for handling according to the law and industry discipline.

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

Ty Na

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