What are details of guidance on handling forms and letters regarding criminal complaints and denunciations in Vietnam?

What are details of guidance on handling forms and letters regarding criminal complaints and denunciations in Vietnam? (Illustrative image)

Article 10 of Circular 28/2020/TT-BCA stipulates classification and handling of applications and letters sent by post and hand-delivered, related to complaints and denunciations in criminal procedures in Vietnam, and other contents as follows:

1. Applications and letters with content complaints and denunciations in criminal proceedings shall be handled according to the regulations stipulated in Article 19 of this Circular.

2. Applications and letters with content complaints and denunciations in administrative and civil areas shall be transferred to the competent authorities for resolution according to the regulations in the Law on Complaints of 2011, Decree 75/2012/ND-CP dated October 3, 2012, of the Government of Vietnam detailing some articles and measures for implementing the Law on Complaints; the Law on Denunciations of 2018, Decree 31/2019/ND-CP dated April 10, 2019, of the Government of Vietnam detailing some articles and organizational measures for implementing the Law on Denunciations.

3. Applications and letters with content complaints, petitions, and reflections in the People's Public Security shall be suggested for handling by the receiving officers and agencies according to the regulations in Circular 68/2013/TT-BCA dated December 26, 2013, of the Ministry of Public Security guiding the handling of complaints, petitions, reflections; resolving complaints and managing complaints work in the People's Public Security.

4. Applications and letters with content denunciations in the People's Public Security shall be suggested for handling by the receiving officers and agencies according to the regulations in Decree 22/2019/ND-CP dated February 25, 2019, of the Government of Vietnam regulating denunciations and resolution of denunciations in the People's Public Security.

5. Applications and letters with content related to the registration for the protection of the legitimate rights and interests of the victims, litigants, the accused, the person recommended for prosecution; applications and letters with content related to the registration for defense for the persons detained in urgent cases, persons caught red-handed, or under arrest warrants, persons under temporary detention, and the accused, shall be handled by the receiving officers according to the regulations in Circular 46/2019/TT-BCA dated October 10, 2019, prescribing the responsibilities of the People's Public Security in implementing the regulations of the 2015 Criminal Procedure Code related to ensuring the right of defense of persons detained in urgent cases, persons caught red-handed, or under arrest warrants, persons under temporary detention, and the accused; protecting the legitimate rights and interests of victims, litigants, the accused, and the person recommended for prosecution.

6. In cases where receiving applications, denunciations, crime reports, recommendations for prosecution; complaints, denunciations in criminal procedures; complaints, denunciations related to administrative and civil areas; complaints, denunciations, petitions, reflections in the People's Public Security have been sent multiple times, not under the jurisdiction of the receiving agency, have written documents transferred to the competent authority for resolution or have been provided guidance for resolution, and there are no new circumstances or those applications and letters have been resolved by the competent authorities according to the law but still do not agree and continue to lodge extended complaints, the receiving agency shall file and notify the sender by written form (except for anonymous applications and letters).

More details can be found in Circular 28/2020/TT-BCA, which comes into effect in Vietnam from May 15, 2020.

Le Vy

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