Complaint settlement competence in the Vietnam People's Public Security

Accordingly, within 07 working days from the date of issuance of the decision on verification of complaint contents, the verification team shall send the decision on verification of complaint contents to the complainant and agencies, organizations and units. , the individual concerned.

(Current regulations, the time limit for sending the decision to verify the complaint content is 10 days).

When necessary, the complaint settler or the agency or unit assigned to verify shall announce the decision on verification of complaint contents at the complainant's agency or unit or the agency or unit of the complainant. where the complaint arose.

The content of the announcement of the decision to verify the complaint content is as follows:

- The verification team publishes the full text of the verification decision;

- State the requirements for the provision of dossiers, documents and explanations of the complainant, agencies, units and individuals related to the complaint contents;

- Inform the working plan of the verification team.

Competence to settle complaints about administrative decisions and acts:

Circular 23 stipulates the competence to settle complaints about administrative decisions and administrative acts, as follows:

- The head of the police station of the commune, ward, township or police station (the head of the commune-level police station) shall settle the first-time complaint against his/her own administrative decisions and administrative acts and those of police officers and soldiers who are appointed by the police. I directly manage;

- The Chief of Police of a district, urban district, town, provincial city or city under central authority (Chief of the district-level Police Department) shall settle: First-time complaint against an administrative decision or act their own and those of police officers and soldiers under their direct management; Second-time complaints about administrative decisions, administrative acts which the head of the commune-level police station has settled for the first time but still have complaints or the first-time complaint has expired as prescribed but has not yet been settled;

- Heads and heads of departments equivalent to the departmental level of the Public Security Departments of the provinces and centrally-run cities; Superintendents of prisons, directors of compulsory education institutions, and reformatory principals shall settle complaints about administrative decisions and administrative acts of themselves and of police officers and soldiers under their direct management. next.

- Directors, heads of department-equivalent units under the Ministry of Public Security; Directors of Public Security of provinces and centrally run cities shall settle: First-time complaints against administrative decisions and administrative acts of themselves and of police officers and soldiers under their direct management; A second-time complaint against an administrative decision or act that the head of an agency or unit under his/her direct management has settled for the first time but still has a complaint or a first-time complaint has expired but the time limit has not yet been received. to handle.

- The Minister of Public Security in Viet Nam shall settle: Complaints for the first time against administrative decisions and administrative acts of himself and of police officers and soldiers under his direct management; To lodge a second complaint against an administrative decision or act made by the director or head of a department-level equivalent unit under the Ministry of Public Security; Directors of Public Security of provinces and centrally run cities have settled the first complaint but still have complaints or the first-time complaint has expired but has not yet been settled;

Second-time complaints about administrative decisions or administrative acts with contents falling under the state management competence of the Ministry of Public Security, which the chairperson of the provincial-level People's Committee has settled for the first time but the first-time complaint or complaint has been resolved. expired but not yet resolved.

Cases not allowed to initiate lawsuits at the Administrative Court:

Officers, non-commissioned officers, conscripts and trainees of the People's Public Security have the right to complain about disciplinary decisions to competent agencies, units and persons in the People's Public Security in accordance with the Law on Complaints 2011 and this Circular but cannot initiate a lawsuit at the Administrative Court.

- Police workers and contract workers are disciplined, forced to resign, terminate their labor contracts without agreeing with the complaint settlement decision or the time limit for settlement of the first or second complaint has expired as prescribed. In Article 50 of the Law on Complaints, if the complaint is not settled, it has the right to initiate a lawsuit at the Administrative Court.

Circular 23/2022/TT-BCA takes effect from June 30, 2022 and replaces Circular 11/2015/TT-BCA dated March 2, 2015.