Regulations on the Management of dossiers on Decisions on Settling Complaints Against Administrative Decisions in Vietnam

Regulations on the Management of dossiers on Decisions on Settling Complaints Against Administrative Decisions in Vietnam (Internet image)

Circular 11/2015/TT-BCA specifically regulates the management of complaint resolution decisions of administrative decisions in the People's Police in Vietnam as follows:

1. Sending complaint resolution decisions

- For complaint resolution decisions regarding administrative decisions, administrative actions:

- Within 03 (three) working days from the date of the complaint resolution decision, the first-level complaint resolution authority is responsible for sending the complaint resolution decision to the complainant, the direct superior of the complaint resolution authority, concerned parties, agencies, organizations, individuals who transferred the complaint, and the same-level inspection agency.

- Within 07 (seven) working days from the date of issuing the complaint resolution decision, the second-level complaint resolution authority must send the complaint resolution decision to the complainant, the first-level complaint resolution authority, concerned parties, agencies, organizations, and individuals with authority to transfer the complaint.

- For first-level complaint resolution decisions on disciplinary decisions and policy decisions for officers and soldiers of the Police, the complaint resolution decision must be sent to the complainant and concerned agencies, units; the second-level complaint resolution decision on disciplinary decisions and policy decisions must be sent to the complainant, the first-level complaint resolution authority, and concerned parties within 07 (seven) working days from the date of issuing the complaint resolution decision.

2. Publicizing complaint resolution decisions

Within 15 (fifteen) days from the date of the complaint resolution decision, the second-level complaint resolution authority is responsible for publicizing the complaint resolution decision in one of the following ways:

- Announcement at the meeting of the agency or unit where the person being complained against works, with attendance similar to the announcement of verification decisions according to this Circular;

- Announcement of the complaint resolution decision on one of the mass media such as television, newspapers, electronic newspapers. If the agency of the complaint resolution authority has a portal or electronic information page, it must be publicized on the portal or electronic information page;

- Posting at the office or the complaints reception area of the agency or unit that resolved the complaint.

3. Preparing and managing complaint resolution dossiers

After handling the complaint, the complaint resolution authority or the person responsible for verification is responsible for preparing the complaint resolution file. The preparation and management of the file follow the regulations of the Ministry of Public Security on the guidance of dossier work in complaint resolution and denunciation in the People's Police. The complaint resolution file should be prepared in the following order:

- Preparing the complaint resolution file: When there is a notice of handling the complaint;

- Collecting documents: Information, documents, evidence related to the complaint content collected during the verification process; verification results, conclusions, recommendations, complaint resolution decisions;

- Closing the complaint resolution file: After sending and publicizing the complaint resolution decision.

Details can be found in Circular 11/2015/TT-BCA, which takes effect in Vietnam from April 20, 2015.

Ty Na

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