Review and Reconsideration of the First Complaint Resolution Decision by the Minister

Review and Re-examine the Initial Complaint Resolution Decision of the Minister (Illustrative Image)

Circular 11/2015/TT-BCA stipulates the review and re-examine of the initial complaint resolution decision of the Minister as follows:

1. Based on the provisions of law, the results of the complaint content verification, the results of the dialogue, and consultation opinion (if any), the person responsible for verification shall draft the complaint resolution decision and present it to the authorized person for signature and issuance.

- The initial complaint resolution decision on administrative decisions, administrative acts, and policies shall be issued following Article 31 of the Law on Complaints; the second complaint resolution decision shall follow the provisions of Article 40 of the Law on Complaints.

- The initial complaint resolution decision regarding disciplinary actions against officers and soldiers of the Police shall follow Article 54 of the Law on Complaints; The second complaint resolution decision regarding disciplinary actions against officers and soldiers of the Police shall follow Article 56 of the Law on Complaints.

Note: In necessary cases, the person with the authority to resolve the complaint may request the relevant agency or unit to re-assess the verification results of the complaint content before issuing the complaint resolution decision.

2. Review and re-examine the initial complaint resolution decision of the Minister

In cases where the initial complaint resolution decision of the Minister regarding policies, or disciplinary decisions against officers under direct management is still contested, the Inspectorate of the Ministry shall take the lead, in cooperation with the General Department of Building the People's Police Force, to assist the Minister in reviewing and re-examining the decision. The review and re-examine process is as follows:

- If the complaint resolution decision is lawful, report to the Minister to organize the execution of the decision and notify the complainant in writing that the complaint will not be re-examined.

- If the complaint resolution decision is partially lacking or incorrect, report to the Minister to issue an amended and supplemented complaint resolution decision.

- If the complaint resolution decision is entirely incorrect, report to the Minister to issue a decision to annul the initial complaint resolution decision, and assign the Inspectorate of the Ministry to assist the Minister in verifying and concluding the complaint content. The verification and conclusion of the complaint content shall follow the complaint resolution procedures stipulated in this Circular.

Details can be found in Circular 11/2015/TT-BCA effective from April 20, 2015.

Ty Na

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