Regulations on the conclusion of accusation contents based on verification results in Vietnam

Regulations on the conclusion of accusation contents based on verification results in Vietnam​ (Illustrative image)

Circular 12/2015/TT-BCA stipulates that the Head of the Verification Team shall draft the conclusion of the complaint content and submit it to the complaint resolver for signing based on the verification results of the complaint content. In cases where the task is assigned to the inspection agency or another competent authority, the head of the agency assigned to verify the complaint content must report to the authorized person for resolving the complaint about the verification report and the draft conclusion of the complaint content, to be signed by the complaint resolver. The conclusion of the complaint content must include the following:

- The complaint content; the verification results of the complaint content;

- Documents and evidence to prove the accuracy or inaccuracy of the complaint content;

- Conclusion on the violation of the law by the accused agency, organization, unit, individual, related agencies, organizations, individuals; damages caused by the law violation; the affected parties; the cause and responsibility of the accused agency, organization, unit, individual, and related agencies, organizations, individuals when the complaint content is accurate, partially accurate, or inaccurate;

- Measures taken by the complaint resolver to directly address violations and to rectify the consequences caused by the law violations;

- Directives to agencies, organizations, units, and individuals under the management of the complaint resolver to apply measures within their authority to address violations and rectify the consequences caused by law violations;

- Recommendations to other agencies, organizations, and individuals to apply measures within their authority to address violations and rectify the consequences caused by law violations.

Note: In case of re-resolving the complaint, in addition to the above-stipulated contents, the complaint resolver must conclude the law violations, errors, or inappropriate conclusions of the previous complaint resolution (if any); handle within their authority or recommend to the relevant agencies, organizations, units, or individuals to handle the law-violating entities involved in the previous complaint resolution.

Regulations on the organization of announcing the conclusion of the complaint content are as follows:

- After having the conclusion of the complaint content, the complaint resolver or the head of the agency, organization, unit assigned to verify the complaint shall organize a meeting to announce directly or send the complaint content conclusion to the managing agency, organization, unit of the accused and to inform the accused agency, organization, unit, individual to implement;

- The composition of the public announcement of the complaint content conclusion shall be the same as the composition for announcing the decision to accept the complaint and the decision to establish the Verification Team.

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

Ty Na

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