Competence to settle denunciations of law violations in the People's Police when performing their duties or public duties in Vietnam

Competence to settle denunciations of law violations in the People's Police when performing their duties or public duties in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Who has the right to denounce the illegal acts of police officers while performing their duties or public duties in Vietnam?

According to Article 4 of Decree 22/2019/ND-CP, individuals have the right to denounce to competent agencies, units, or individuals in the People's Police law violations committed by agencies, units, officials, or police soldiers in the performance of their duties or public duties that cause damage or threaten to cause damage to the interests of the State, the lawful rights, and interests of agencies, organizations, and individuals.

2. Competence to settle denunciations of law violations in the People's Police when performing their duties or public duties in Vietnam

Competence to settle denunciations of law violations in the People's Police when performing their duties and official duties in Vietnam according to Article 5 of Decree 22/2019/ND-CP is as follows:

- Heads of Ward Police, Heads of Police Stations, Heads of Police Stations, Heads of Township Police, and Chiefs of Commune Police on the payroll of the People's Public Security Forces (collectively referred to as Commune-level Police Chiefs) settling denunciations against police officers and soldiers under their direct management, except for deputy heads of commune-level police offices.

- The Chief of Police of a district, town, provincial city, or city under central authority (collectively referred to as the Chief of the district-level Police Department) shall settle denunciations against:

Commune-level police chiefs, commune-level deputy police chiefs, and officers and soldiers from captains down, except for cases under the handling competence of commune-level police chiefs; settle denunciations of commune-level police units and teams under their direct management.

- Heads and heads of department-level equivalent units of the Public Security Forces of provinces and centrally run cities (collectively referred to as provincial-level Public Security Forces) shall settle denunciations against officers and soldiers of the rank of captain and equivalent or lower;

Settlement of denunciations of team-level units or equivalent team-level units under their direct management.

Superintendent of prison, director of compulsory education institution, principal of reformatory; Heads and heads of units equivalent to departmental levels have their own seals belonging to department-level units and equivalent units of the agency that settles denunciations against officers and soldiers from Team Captain and equivalent or lower;

Settlement of denunciations of team-level units or equivalent team-level units under their direct management.

- Directors of provincial-level Public Security Departments shall settle denunciations against heads, deputy heads, heads, and deputy heads of department-equivalent units under the provincial-level police, district-level police chiefs, and district-level deputy heads of police; settle denunciations of district-level, division-level police units, and equivalent units under the direct management of provincial-level police offices.

- Directors, heads of department-equivalent units under the denunciation-settling agency, for officials holding the position of Head of Department, Deputy Head of Department, Heads and Deputy Heads of department-level equivalent units, and officials, soldiers under the handling competence of heads of departments, heads of units equivalent to department levels but without their own seals; Settlement of denunciations of department-level and equivalent-level units under their direct management, team-level units or team-level equivalents under the handling competence of heads of departments or heads of department-level equivalent units
but without its own seal.

- The Minister shall settle denunciations against the director, deputy director, or equivalent of a ministerial agency, the director or deputy director of the provincial-level Public Security, and other officials directly managed by the minister (if any); settle denunciations of police units at provincial, departmental, and equivalent levels.

- Denunciation of illegal acts in the performance of tasks and official duties by police officers and soldiers under the management competence of many police agencies and units by the head of the agency, the police unit directly managing the denounced police officers and soldiers shall preside over the settlement; heads of relevant agencies and units shall coordinate in the settlement.

- Denunciations against officials, soldiers, or subordinate agencies or units of agencies or units that have been consolidated, merged, divided, or separated by the head of the agency or unit, unit after consolidation, merger, division, or separation is managing officers, soldiers, agencies, and units that are in charge of settlement; heads of relevant agencies and units shall coordinate in settlement.

Denunciations against officers, soldiers, agencies, and units of agencies or units in the People's Public Security that have been dissolved by the head of the agency, agency managing agency, or unit of the Public Security before being dissolved.

- Competence to settle denunciations of police officers and soldiers committing illegal acts in the performance of tasks or official duties occurring in the past, they have now been transferred to agencies or units or are no longer officers and soldiers of the Police according to the following principles:

+ In case a police officer or soldier is accused of being the head or deputy head of a police agency or unit who has transferred to another police agency or unit but still holds the same position:

The head of the immediate superior police agency or unit of that agency or unit and the police officers and soldiers working at the time of committing a law violation shall assume the prime responsibility for handling; Heads of agencies and units of the police at the immediate superior level of agencies, units, officers, and soldiers of the public security who are working shall coordinate to solve;

+ In case the denounced police officer or soldier has transferred to another police agency or unit and holds a higher position, the head of the agency, the police unit currently managing such police officers and soldiers shall take charge of the settlement; heads of police agencies and units that manage cadres and soldiers who are denounced at the time of law violations shall cooperate in solving them.

In case the denounced public security officer or soldier has transferred to another police agency or unit and holds the position of head or deputy head of that police agency or unit, the head of the agency or unit of the Police at the immediate superior level of the agency or unit, cadres, and soldiers who are working shall assume the prime responsibility for solving;

Heads of police agencies and units that have managed the denounced police officers and soldiers at the time of committing illegal acts shall cooperate in solving them;

+ In case a police officer or soldier is accused of having transferred to another police agency or unit that is not specified at Points a and b, Clause 9, Article 5 of Decree 22/2019/ND-CP, then:

The head of the police agency or unit that manages the denounced cadres and soldiers at the time of committing illegal acts shall preside over the settlement; The heads of the police agencies and units currently managing the denounced officers and soldiers shall cooperate in solving the denunciations;

+ In case the denounced person is no longer a police officer or soldier, the head of the police agency or unit shall have the authority to settle denunciations against the officer or soldier; police officers at the time of committing illegal acts shall preside over the settlement; heads of relevant agencies and organizations shall coordinate the settlement.

- Competence to settle denunciations of police officers who are seconded to work at agencies or organizations other than the People's Police according to the following principles:

+ In case of denunciation of illegal acts while performing tasks or official duties during the working period before being seconded, the head of the police agency or unit directly managed at the time of the law violation shall settle it, and the head of the concerned agency or organization shall cooperate in solving it;

+ In the event of a denunciation of illegal acts while working at a new agency or organization, the head of the agency or organization where such an official is working shall settle it.

- Persons competent to settle denunciations in the People's Police specified in Clauses 2, 3, 4, 5, 6, and Article 5 of Decree 22/2019/ND-CP fall under the authority of heads of agencies and the immediate subordinate police unit when there are grounds to believe that the denunciation settlement is a serious violation of the law or shows signs of being unobjective.

The grounds for determining a serious violation of the law, showing signs of being unobjective in the settlement of denunciations, shall comply with the provisions of the Decree detailing a number of articles and measures to organize the implementation of the Law on Denunciations.

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