Recently, the Ministry of Public Security issued Circular 28/2020/TT-BCA regulating the sequence, procedures for receiving, classifying, processing, and resolving crime allegations and reports, and recommendations for prosecution by the People's Public Security force in Vietnam.
What are regulations on resolving requests and proposals in addressing crime allegations and reports in Vietnam? (Internet image)
According to Article 19 Circular 28/2020/TT-BCA, the resolution of complaints and denunciations during the process of handling crime reports and prosecutorial recommendations is conducted in accordance with the provisions in Chapter XXXIII of the Criminal Procedure Code and Joint Circular 02/2018/TTLT-VKSNDTC-TATC-BCA-BQP-BTC-BNN&PTNT dated September 5, 2018, by the Prosecutor General of the Supreme People’s Procuracy, Chief Justice of the Supreme People's Court, Minister of Public Security, Minister of National Defense, Minister of Finance, and Minister of Agriculture and Rural Development of Vietnam, which regulates the coordination in implementing certain provisions of the Criminal Procedure Code regarding complaints and denunciations.
The Head of the Investigation Police Department of the Ministry of Public Security of Vietnam assigns the Office of the Investigation Police Department of the Ministry of Public Security; the Head of the Provincial Police Investigation Department assigns the Office of the Provincial Police Investigation Department; the Head of the District Police Investigation Department assigns the General Investigation Team; the Head of the Investigation Security Department of the Ministry of Public Security assigns the Investigation Security Department of the Ministry of Public Security of Vietnam; the Head of the Provincial Investigation Security Department assigns the Investigation Security Division of the Provincial Police to advise and address matters when participants in proceedings file complaints regarding procedural decisions or actions or denounce legal violations by investigating officers, investigators, Deputy Heads of the Police Investigation Agencies at various levels during the handling of crime reports and prosecutorial recommendations. In some necessary cases, the Head of the Police Investigation Agencies at various levels may assign other units with functional authority to advise and assist the Head in resolving complaints and denunciations. The assigned unit must develop a plan and report to the Head of the Investigation Agency to decide on the resolution according to the Criminal Procedure Code.
Note: Handling requests and recommendations of participants in proceedings during the processing of crime reports and prosecutorial recommendations are carried out in accordance with the provisions in Article 15 of Joint Circular 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC.
More details can be found in Circular 28/2020/TT-BCA, which comes into force in Vietnam from May 15, 2020.
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