Regulations on notification of draft verification report results and finalization of the report in Vietnam

On March 02, 2015, the Ministry of Public Security of Vietnam promulgated Circular 12/2015/TT-BCA stipulating the process of resolving denunciations in the People's Public Security, which took effect from April 20, 2015.

Notice  of  Draft  Report  on  Verification  Results  and  Finalization  of  Report,  Circular  12/2015/TT-BCA

Regulations on notification of draft verification report results and finalization of the report in Vietnam​ (Illustrative image)

Under Article 17 of Circular 12/2015/TT-BCA, specific regulations on notifying the draft report on verification results and finalizing the official report are stipulated as follows:

- The verification team works separately with the complainant, agencies, organizations, units, and individuals being accused to notify them of each accusation and its verification result, allowing them to express their opinions. If the complainant, agencies, organizations, units, and individuals being accused do not agree, they must clearly state the reasons and provide evidence to support their claims; if they cannot provide any new evidence, the Verification Team will conclude based on the verified information and take responsibility for their conclusion; if new evidence needs verification, the Head of the Verification Team must report to the person who issued the verification decision to determine whether additional verification is required.

- The content of the meetings with the complainant, agencies, organizations, units, and individuals being accused must be recorded in minutes. If there are multiple accusations, each must be listed for them to provide opinions and sign off on each item. If the complainant does not require confidentiality and there are conflicting opinions between the complainant and the accused parties, a confrontation may be organized.

- After notifying the draft verification results to the complainant, agencies, organizations, units, and individuals being accused, if there are no new details requiring further verification, the Head of the Verification Team is responsible for completing the draft report on verification results for announcement.

- Organizing the announcement of the draft report on verification results:

  • Participants in the announcement meeting should be the same as those present at the meeting announcing the acceptance of the case and the decision to establish the Verification Team;
  • The Head of the Verification Team announces the draft report on the verification results of the accusations;
  • Participants express their opinions; any objections to the draft report must specify the content of disagreement, reasons, and supporting evidence;
  • The Head of the Verification Team responds based on the collected documents and evidence; legitimate objections with supporting documents and evidence will be considered by the Verification Team; objections without legitimate proof will not be considered.

- Completing the verification results report: After organizing the announcement of the draft report on verification results, the Verification Team must hold a final meeting to unify the content of the draft report before the Head of the Verification Team signs it to report to the head of the agency assigned to verify the accusations or the person handling the complaint.

Note: The notification of the draft report on verification results must be documented in writing; the minutes must clearly state the agreed and disagreed content, specific reasons, and include all opinions and suggestions of the participating members, along with the conclusion of the Head of the Verification Team.

Details can be found in Circular 12/2015/TT-BCA effective from April 20, 2015.

Ty Na

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