Regulations on receiving complaints and examining conditions for complaint acceptance in Vietnam

Regulations on receiving complaints and examining conditions for complaint acceptance in Vietnam​ (Illustrative photo)

Article 8 of Circular 12/2015/TT-BCA regulates the process of receiving accusations, checking conditions for accepting accusations as follows:

- After receiving an accusation within their jurisdiction, the accuser's handler must, within 10 days from the date of receiving the accusation, verify the name and address of the accuser and decide whether to accept or not to accept the accusation for resolution. Concurrently, if requested, the accuser must be informed of the reasons for not accepting, and if verification at multiple locations is required, the verification period may be extended but not beyond 15 days.

- For accusations falling under the cases specified in Clause 2, Article 20 of the Law on Accusations 2011, where resolution is not accepted, the accuser's handler must notify the accuser in writing about the non-acceptance, following the prescribed form.

- For accusations that meet the conditions for resolution acceptance, the functional unit or individual who has verified the details mentioned in Clause 1 of this Article must report and propose to the accuser's handler for review and decision on the resolution acceptance.

- For subsequent accusations, in case the resolution of the accusation by the head of the lower-level agency is deemed lawful, the accuser's handler must inform the accuser, relevant agencies, organizations, units, or individuals in writing about the non-acceptance of subsequent accusations and request cessation of accusations.

- In cases where multiple people jointly file an accusation, a representative must be appointed to present the content of the accusation. Verification of the name and address of the accuser, communication with the accuser, notification of acceptance, and notification of resolution results should be conducted with the representative of the accusers.

- Accusation letters without the name, address, and without the signature or direct fingerprint of the accuser are not accepted for resolution.

- In cases where the accusation content in the letter does not include a name, address, signature, or direct fingerprint of the accuser but contains specific and clear accusation content that is sufficient to verify or conclude, the matter should be handed over to the inspectorate or another competent authority for unexpected administrative inspection.

- When the accused entities disagree with the concluded accusation content and provide information, documents, and evidence indicating that the resolution of the accusation shows signs of legal violations, the direct superior of the one who concluded the accusation content shall assign the inspectorate or the same-level competent authority to recheck it according to the regulations on receiving subsequent accusations under this Circular. If the accused entities disagree but do not present any new documents or evidence, the non-acceptance of resolution must be notified in writing to the accused entities and all relevant agencies, organizations, units, or individuals.

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

Ty Na

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