Thông tư 23/2022/TT-BCA thẩm quyền trình tự giải quyết khiếu nại trong Công an nhân dân

CIRCULAR

PRESCRIBING AUTHORITY, PROCESSES AND PROCEDURES FOR HANDLING OF APPEALS ARISING IN PEOPLE'S PUBLIC SECURITY FORCES IN VIETNAM

Pursuant to the Law on Complaint of Vietnam dated November 11, 2011;

Pursuant to the Government of Vietnam's Decree No. 124/2020/ND-CP dated October 19, 2020, elaborating on certain articles and measures for enforcement of the Law on Complaint of Vietnam;

Pursuant to the Government of Vietnam's Decree No. 01/2018/ND-CP dated August 6, 2018, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;

Upon the request of the Chief of the Inspectorate of the Ministry of Public Security of Vietnam;

The Minister of Public Security of Vietnam herein promulgates the Circular on authority, processes and procedures for handling of appeals arising in the People's Public Security forces in Vietnam.

Chapter I

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Article 1. Scope

This Circular prescribes the authority, processes and procedures for response to appeals against administrative decisions, administrative actions and disciplinary decisions of competent authorities, entities and persons under the People’s public security forces.

Article 2. Subjects of application

1. Heads of Police authorities and units having competence in handling appeals (hereinafter referred to as appeal-deciding persons); authorities, entities and persons tasked with verification of issues involved in appeals.

2. Appellants, appellees, authorities, units and persons involved in the process of issuing decisions on appeals by Heads of competent Police authorities and units.

Article 3. Application of law

1. Handling, responding to or deciding, under the competence of the People's Public Security forces, appeals filed by foreign authorities, entities and persons in Vietnam shall be subject to the 2011 Law on Complaint; the Government’s Decree No. 124/2020/ND-CP dated October 19, 2020, elaborating on several Articles and measures for implementation of the Law on Complaint (hereinafter commonly referred to as Decree No. 124/2020/ND-CP) and this Circular, except otherwise provided in international treaties to which the Socialist Republic of Vietnam is a signatory.

2. Handling appeals arising in the criminal procedures or criminal judgement execution process shall be subject to regulatory provisions on judicial criminal procedures and execution of criminal judgements shall be subject to law on criminal procedures and execution of criminal judgements.

3. Officers, non-commissioned officers, conscripts and cadets of the People's Public Security forces (hereinafter referred to as public security officers and staff members) may file their appeals against disciplinary decisions of competent authorities, units and persons in the People’s Public Security forces as per the 2011 Law on Complaint and this Circular, but shall not be allowed to bring to the Administrative Court.

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5. Forms available for use in resolving complaints and appeals shall be subject to regulatory law and regulations of the Ministry of Public Security.

Chapter II

APPEAL-HANDLING AUTHORITY

Article 4. Authority to resolve appeals against administrative decisions and administrative actions

1. The Chiefs of Police divisions of communes, wards, towns and police stations (hereinafter referred to as commune-level Police Chief) shall be accorded authority to handle the first appeal against administrative decisions or administrative actions that they and public security officers and soldiers under their immediate supervision issue.

2. The Chiefs of Police divisions of districts, townships, provincial cities and cities of centrally-affiliated cities (hereinafter referred to as Chief of district Police) shall be accorded authority to resolve:

a) First appeals against administrative decisions or administrative actions that they and public security officers and soldiers under their immediate supervision issue, except those under the handling authority referred to in clause 1 of this Article;

b) Second appeals against administrative decisions or administrative actions if the first ones have been answered by Chiefs of Police divisions of communes, but continue to exist; or if the first ones remain unsolved upon expiry of the limitation periods.

3. Heads of departments and heads of developmental-level units of the Departments of Public Security of provinces and centrally run cities; prison wardens; directors of compulsory education institutions; and reformatory school’s principals shall settle appeals against administrative decisions and administrative actions of their own and of police officers and staff under their immediate supervision.

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a) First appeals against administrative decisions or administrative actions that they and police officers or staff under their immediate supervision issue, except those under the handling authority referred to in clause 2 and 3 of this Article;

b) Second appeals against administrative decisions or administrative actions if the first appeals are answered by Heads of agencies and units under their immediate supervision, but still exist; or if the first ones remain unsolved upon expiry of the limitation periods.

5. Minister of Public Security shall be accorded authority to resolve:

a) First appeals against administrative decisions or administrative actions that they and public security officers and soldiers under their immediate supervision issue, except those under the handling authority referred to in clause 4 of this Article;

b) Second appeals against administrative decisions or administrative actions if the first ones have been answered by Directors of Departments or Heads of departmental-level units under agencies of the Ministry of Public Security; Directors of Departments of Public Security of provinces and centrally-affiliated cities, but continue to exist; or if the first ones remain unsolved upon expiry of the limitation periods;

c) Second appeals against administrative decisions or administrative actions if the first appeals put under the state management of the Ministry of Public Security have been resolved by Presidents of provincial People's Committees, but still exist; or if the first ones remain unsolved upon expiry of the limitation periods.

Article 5. Authority to settle appeals against disciplinary decisions of public security officers, staff and workers

1. For disciplinary decisions against police officers, non-commissioned officers and conscripts:

 a) Heads of district-level Police; Heads of divisions and Heads of division-equivalent units of Police Departments of provinces and centrally run cities; prison superintendents; Directors of compulsory education institutions; Principals of reformatory schools; Directors of professional training centers under the Police Department for Prison Management, compulsory education institutions, reformatories; Regiment Commander of the Guard Command; Directors of the professional training centers, Regiment Commanders, Heads of Delegations under the Mobile Police Command; Battalion Commanders of the Battalions under the Mobile Police Commands, shall be accorded authority to settle the first appeals against the decisions that they have issued;

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c) Minister of Public Security shall be accorded authority to settle the first appeals against disciplinary decisions that he has issued; settle the second appeals against disciplinary decisions if the first appeals have been resolved by Directors of Departments or Heads of departmental-level units under agencies of the Ministry of Public Security; Directors of Departments of Public Security of provinces and centrally-affiliated cities, but still exist; if the first appeals remain unsolved upon expiry of the limitation periods.

2. For disciplinary decisions against cadets:

a) Directors of academies and principals of People's Public Security schools shall be accorded authority to settle the first appeals against disciplinary decisions that they have issued;

b) Inspectors of the Ministry of Public Security shall assist the Minister of Public Security in settling the second appeals against disciplinary decisions if the first appeals have been resolved by the directors of academies or principals of the People's Public Security schools, but still exist, or remain unsolved upon expiry of the limitation periods.

3. For disciplinary decisions against public security workers:

a) According to their delegated authority, Heads of agencies or units competent to manage public security workers shall settle first appeals against disciplinary decisions that they have issued;

b) Immediate superiors of heads in charge of public security workers shall be accorded authority to handle the second appeals against disciplinary decisions if the first appeals have been resolved by these heads, but still exist, or remain unsolved upon expiry of the limitation periods.

Chapter III

APPEAL RESOLUTION PROCESSES AND PROCEDURES

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Article 6. Handling of appeals

1. Within 10 working days of receipt of the appeal against an administrative decision, administrative action or disciplinary decision under his/her jurisdiction, if the appeal does not fall into one of the cases specified in Article 11 of the Law on Complaint, the person handling the first or second appeal must accept the settlement of that appeal. In case where multiple persons make an appeal involving the same issue and appoint a representative to present such issue, that appeal shall be accepted for settlement in the following circumstances: the appeal has all the signatures or fingerprints of the appellants; there is the written document on appointment of the representative according to Article 7 of the Decree No. 124/2020/ND-CP. The acceptance or refusal of handling of the appeal must be notified in writing.

2. Within 05 working days from the date of issuance of the notification of acceptance or non-acceptance of the appeal against an administrative decision or administrative action, such notification must be sent to the appellant or the representative or authorized person, lawyer, legal assistant to the appellant (hereinafter referred to as the appellant's legal representative) and the agency, unit, organization or individual that has transferred that appeal (if any). In case of the appeal against the disciplinary decision, the notification must be sent to the appellant.

Article 7. Examination of administrative decisions, administrative actions and disciplinary decisions subject to the appellate process

1. After acceptance of the appeal, the person handling the first appeal must examine the administrative decision or administrative action subject to the appellate process.

For the appeal against the disciplinary decision of a public security officer, staff and worker, the person handling the appeal shall directly examine or assign the person to take responsibility for checking the decision subject to appeal.

2. Scope of examination:

a) Legal basis for issuance of the administrative decision, implementation of the administrative action or the disciplinary decision of the public security officer, staff or worker;

b) Authority to issue the administrative decision, enforce the administrative action or the disciplinary decision of the public security officer, staff or worker;

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d) Processes and procedures for issuance of the administrative decision or the disciplinary decision of the public security officer, staff or worker;

dd) Others (if any).

3. After comletion of the re-examination process, if it is determined that the appeal is right, the person handling the first appeal shall issue the appeal settlement decision at once without needing to verify it, and make a judgement according to the prescribed procedures. If it is established that the appeal is ungrounded, the appeal-handling person shall verify the case.

Article 8. Assignment of duties to verify issues involved in appeals and decide to verify issues involved in appeals

1. In case where it is necessary to verify the appeal case, the appeal-handling person shall verify it by himself/herself or assign any agency, unit or individual under his/her management to verify the issue involved in the appeal.

2. The appeal-handling person or the agency or unit assigned to verify the case of appeal shall issue the decision to verify the issue involved in the appeal. Each verification decision should include clear details about time of verification, issues to be verified and establishment of the verification team.

Article 9. Planning for verification of issues or matters on appeal

1. Each verification team shall prepare the verification plan for submission to the person issuing the verification decision to seek his/her approval and guidelines for implementation of the plan.

2. The verification plan should contain the following information:

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b) Verification objectives and requirements;

c) Questions or issues to be verified;

d) Subjects, scope, method and time of verification;

dd) Assignments of members of the verification team, conditions and means of verification.

Article 10. Sending and announcing decisions on verification of issues on appeal

1. Within 07 working days from the date of issuance of the decision on verification of issues on appeal, the verification team shall send the decision on verification of issues on appeal to the appellee and the agencies, organizations, units and individuals concerned.

2. When necessary, the appeal-handling person or the agency or unit assigned to verify issues on appeal shall announce the decision on verification of appeal-related questions at the appellee's office or the office where the appeal arises. Participants in the announcement session, including:

a) In case of the appeal against an administrative decision or action, participants shall include appeal-handling persons, representatives of the agencies or units assigned to verify appeal-related questions and the verification team; appellee; representative of the appellee’s manager;

b) In case of the appeal against the disciplinary decision imposed on public officials, the announcement session shall be attended by the followings: appeal-handling persons, representatives of the agencies or units assigned to verify appeal-related questions and the verification team; appellee; representative of the Standing Committee or the provincial Party Committee, representative of leadership of the appellee’s manager;

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a) The verification team announces full texts of the verification decision;

b) Description of requirements concerning provision of documents, records and explanations of the appellee, agency, unit or individual involved in the appeal;

c) Notification of the agenda of the verification team.

4. Announcement of the verification decision must be recorded and signed by the representatives of participants.

Section 2. VERIFICATION OF ISSUES OR MATTERS ON APPEAL

Article 11. Direct meeting with the appellant, representative, authorized person, lawyer and legal assistant

1. The appeal-handling person or the verification team shall directly meet with the appellant or the appellant’s legal representative and request him/her to provide the following information and documents:

a) Personal details: full name, ID (or other document), residence address, proof of the legal representation;

b) Information, documents and evidence related to appeal-related questions: grounds for the appeal, requests and claims of the appellant, documents related to issues and matters on appeal.

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Article 12. Direct meeting with the appellee, persons with associated rights and interests, concerned agencies, units and persons

1. During the process of handling of the first appeal, the appeal-handling person or the verification team shall directly meet agencies, units and persons with associated rights and interests and request them to provide information, documents and evidence related to issues or matters on appeal. Where the appellee is a public security officer or staff under the immediate supervision, explanations about appeal-related questions and proposals for handling of the appeal (if any) must be requested.

2. During the process of handling of the second appeal, the appeal-handling person or the verification team shall directly meet the appellee, agency, unit or person with associated rights and interests and request them to provide information, documents and evidence related to issues or matters involved in the administrative decision or action on appeal. During the process of meeting with concerned agencies or units, the written request for explanation or provision of information, document or evidence related to appeal-related issues or matters must be sent.

3. The meeting must be documented in the meeting minutes specifying time, location, participants, discussions and signatures of the representatives of involved parties. The minutes must be made into at least two copies, including a copy which is filed in the archives and another copy which is sent to the representative of the participant (if needed).

Article 13. Receiving and processing information, documents, evidence and carrying out on-site inspections

1. Upon receipt of information, documents and evidence provided by the appellant or the appellant’s legal representative, the appellee, agencies, organizations, units or individuals, the appeal-handling person or the verification team must make the receipt note.

2. Information, documents and evidence obtained must clearly show origins thereof. When collecting copies, the appeal-handling person or the verification team must compare them with the original ones; in the absence of the original copies, clear reasons for such absence must be specified in the receipt note. Information, documents and evidence provided by institutional entities must be certified by these entities. Information, documents and evidence provided by natural persons must be signed by these persons. If provided documents are worn out, damaged or blurred to the extent that information is falsified, the recipient must clearly describe the document's condition in the receipt note.

3. Where necessary, the appeal-handling person or the verification team must carry out the on-site inspection to collect, check and examine the accuracy, legitimacy and completeness of information, documents and evidence related to issues or matters on appeal. The on-site inspection must be recorded in the report clarifying time, venue, participants, activities involved in the inspection, findings, opinions of participants and other concerned persons.

4. Information, documents and evidence obtained or verification records must be managed and used in accordance with regulations; must be provided or announced with the competent authority's consent.

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1. Where there is any inconsistency between verification findings and information, documents or evidence provided by the appellant or appellee, the appeal-handling person or the verification team must directly meet with the appellant and the appellee; where necessary, the concerned agency, organization, unit or person must be invited to join the meeting.

2. The meeting must be recorded in the minutes, specifying time, location, participants, issues and opinions raised by participants, unanimous opinions, discrepancies, and bearing signatures of all involved parties. The minutes must be made into at least three copies, each of which is kept by the participant.

Article 15. Soliciting inspections

1. When realizing that it is necessary to make assessment of professional and technical issues as a basis for conclusion on appeal-related issues, appeal-handling persons or heads of agencies or units assigned to verify the appeal shall issue the decision to solicit the inspection.

2. Where the appellant, the appellee, the agency, organization or unit concerned submits the request for solicitation of the inspection, upon determining that such request is grounded, the appeal-handling person or the head of the agency or unit assigned to verify the appeal shall issue the decision to solicit the inspection.

3. The decision to solicit the inspection should specify the name of the inspecting agency and organization; information, documents and proofs to be inspected; issues involved in the inspection solicitation request; deadline for submission of inspection conclusion.

Article 16. Extension of the appeal handling deadline

Upon expiry of the appeal handling deadline, if the verification of the appeal has not been completed yet, the appeal-handling person shall issue the written decision on extension of the deadline for handling of the appeal as prescribed in Article 28, 37 and 50 in the Law on Complaint, and inform the appellant or the legal representative of the appellant or appellee about such extension. The extension must precede the expiry date.

Article 17. Temporary suspension of execution of administrative decisions on appeal

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2. Upon realizing that the basis for decision on temporary suspension of the execution of the administrative decision no longer exists, the appeal-handling person must issue the decision on revocation of the temporary suspension decision.

Article 18. Dismissal of handling of appeals

During the appeal handling process, when the appellant submits the application for withdrawal of the appeal as per Article 10 in the Law on Complaint, the appeal handling person shall take the following actions:

1. If the appellant withdraws all of the claims, the appeal handling person shall issue the decision to dismiss the handling of the appeal. Within 05 working days from the date of issuance, the decision to dismiss handling of the appeal must be sent to the appellant and the appellee.

2. If the appellant withdraws part of the claims, the appeal handling person shall consider handling the claims that the appellant continues to make.

Article 19. Drafting of reports on results of verification of issues or matters involved in appeals

1. The verification team must draft reports on verification of issues or matters involved in the appeal and bear responsibilities for verification results. The draft report on verification results shall be subject to regulations of clause 4 of Article 29 in the Law on Complaint, containing clear information about the appellant, the appellee, the decision on appeal, the action on appeal, basis for filing the appeal, the appellant's request; handling results of the previous appeal (if any); results of verification and conclusion stating that all claims made in the appeal are absolutely correct, absolutely incorrect or partially correct; petition for upholding, total withdrawal or partial revision or supplementation of the decision on appeal; petition regarding issuance of the decision to handle the appeal.

2. The verification team shall convene the meeting to seek unanimous opinions on the draft report on appeal verification results before reporting to the person issuing the verification decision. Where there is any discrepancy, the team leader shall have the deciding vote and bear responsibility for his/her deciding vote. The verification team’s meeting must be recorded into the meeting minutes fully including participating opinions of members and disagreements for which reasons and solutions must be specified.

Article 20. Holding dialogues

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a) Before issuing the decision on handling of the first appeal against the disciplinary decision, the appeal-handling person must hold a dialogue with the appellant. As for the appeal against the administrative decision or action, the appeal-handling person or the agency or unit assigned to verify the appeal shall hold the dialogue if there is any discrepancy between the appellant’s request and results of verification of appeal-related issues or matters;

b) During the process of handling of the second appeal, the appeal-handling person must hold the dialogue

If the second appeal-handling person is the Minister, the direct dialogue shall be required for handling of complicated appeals (i.e. there are many people making the same claim; there are different opinions of competent authorities about measures; the appellant expresses his/her severe criticism; the appeal attracts social interest; the appeal case affects political security, social peace and safety). In other cases, the Minister shall assign a Deputy Minister in charge or the head of the agency or unit designated to verify the appeal to hold the dialogue with the appellant (hereinafter referred to as the chair). During the dialogue process, the chair shall promptly report to the appeal-handling person on issues that are complicated, beyond his/her competence; when the dialogue ends, the chair must report on dialogue results to the appeal handling person and bear responsibility for the report contents.

2. Steps in carrying out the dialogue:

a) Preparing for the dialogue

The chair shall determine issues or matters to be discussed, dialogue agenda; inform them in writing to the appellant or the legal representative of the appellant, appellee, agency, organization, unit or individual concerned of the time, venue and items of the dialogue 03 days in advance;

b) Participants in the dialogue

The chair, the verification team, the appellant or the legal representative of the appellant, the appellee, the agency, entity or person concerned and the person handling the first appeal (if any);

c) Beginning the dialogue

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3. The dialogue must be recorded in the minutes, specifying the time, location, participants; attendees, absentees, issues and opinions raised by participants, unanimous opinions, disagreements, and signed by all involved parties. The minutes must be made into at least three copies, each of which is kept by the chair, the appellant and the appellee.

4. If the appellant or the appellant’s legal representative does not turn up upon receipt of the second notification of participation in the dialogue, the chair makes the minutes on termination of the dialogue, notify such termination in writing or reasons for such termination to the appellant or the appellant's legal representative within 03 working days from the date of issuance.

Article 21. Consultation

1. For complicated cases, there are multiple issues or suggestions about how to handle the appeal, the appeal-handling person or the agency or unit assigned to verify the appeal shall consult with the specialized agency or the agency, entity or person involved before issuing the appeal handling decision. Consultation shall be carried out by sending correspondence or holding meetings.

2. During the process of handling of the second appeal, where necessary, the appeal handling person can decide to set up the advisory council to seek counsels.

The Council shall be composed of the followings: The appeal-handling person or the agency or unit assigned to verify the appeal and persons having expertise in sectors relating to appeal-related questions. Depending on the attributes and contents of specific cases, other persons may be invited to participate in the Council.

Duties of the Council must be recorded in the minutes specifying questions and opinions of specific members of the council. The minutes must be signed by the Chairperson and the Secretary of the Council.

Article 22. Re-examining and reviewing the decision on handling of the first appeal of the Minister

1. With respect to the Minister’s decision on handling of the first appeal against the disciplinary decision imposed on personnel under the immediate supervision, if it remains unresolved, the Ministry’s Inspectorate shall preside over and cooperate with the Department of Staff Organization in assisting the Minister in re-examination and review.

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a) If the appeal-handling decision is correct, the Inspectorate shall report to the Minister to make it executed and issue the written notification of non-consideration of handling of the appeal to the appellant;

b) Where the appeal-handling decision lacks information or has several incorrect information, the Inspectorate must report to the Minister to issue the decision on modification and supplementation of the decision on handling of the first appeal;

c) If the whole decision on handling of the appeal is incorrect, the Inspectorate may report to the Minister to issue the decision on handling of the first appeal. Re-examining the appeal shall be subject to the procedures and processes for handling of appeals prescribed herein.

Section 3. ISSUING, SENDING, PUBLISHING APPEAL-HANDLING DECISIONS AND COMPILING AND MANAGING APPEAL-HANDLING DOSSIERS

Article 23. Issuing and sending appeal-handling decisions

1. According to regulatory provisions, results of verification of the appeal, dialogue conclusions and consultation results (if any), the appeal-handling person shall issue the decision on handling of appeals according to the following regulations:

a) Decision on handling of the first appeal against the administrative decision or action shall be subject to regulatory provisions of Article 31 in the Law on Complaint; decision on handling of the second appeal shall be subject to regulatory provisions of Article 40 in the Law on Complaint

The appeal handling decision must include clear information about the conditions for accepting and settling the appeal; full name and address of the appellant, the appellee; appeal-related questions, reasons for filing the appeal, the appellant's request; previous appeal settlement results (if any); results of verification of appeal-related issues; the grounds for concluding that the appeal is true in whole, false in whole or true in part; full upholding, dismissal, partial modification or supplementation of the administrative decision or termination of the administrative action on appeal (for the decision on handling of the first appeal) or request requiring the person whose administrative decision or action is on appeal to modify or dismiss part or whole of the administrative decision or terminate the administrative action on appeal (for handling of the second appeal); compensation to the person suffering damage (if any) and solutions against issues concerned; right of second appeal and right to bring the administrative lawsuit to court;

b) Decision on handling of the first appeal against the disciplinary decision imposed upon public security officers, staff and workers shall be subject to regulatory provisions of Article 54 in the Law on Complaint; decision on handling of the second appeal shall be subject to regulatory provisions of Article 56 in the Law on Complaint

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2. Sending the appeal handling decision:

a) For the decision on handling of the appeal against the administrative decision and administrative action

Within 03 working days from the date of issuance of the decision on handling of the first appeal, the person handling the appeal shall be responsible for sending the appeal handling decision to the appellant, the immediate supervisor of the person handling the appeal; the person having associated rights and obligations; the transferor of the appeal and the inspectorate at the same level.

Within 07 working days from the date of issuance of the decision on handling of the second appeal, the person handling the appeal shall be responsible for sending the appeal handling decision to the appellant, the appellee and the person handling the first appeal; the person having associated rights and obligations; the transferer of the appeal;

b) For the decision on handling of the appeal against the disciplinary decision

Within 03 working days from the date of issuance of the decision on handling of the first appeal, the person handling the appeal shall be responsible for sending the appeal handling decision to the appellant, the appellee; the transferer of the appeal and the inspectorate at the same level.

Within 07 working days from the date of issuance of the decision on handling of the second appeal, the person handling the appeal shall be responsible for sending the appeal handling decision to the appellant, the person handling the first appeal; the person having associated rights and obligations. The decisions on handling of the second appeal of the Heads of affiliates of Ministries, Directors of Police Departments of provinces and centrally-affiliated cities must be sent to the Chief of the Ministry’s Inspectorate and Director of the Department of Staff Organization.

Article 24. Publishing appeal-handling decisions

1. Within 15 working days from the date of issuance of the decision on handling of the appeal, the person handling the appeal shall be responsible for making the appeal handling decision available to the public according to one of the following methods:

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b) Posting of the decision at the workplace or at the public relation office of the agency or unit handling the appeal. The posting must last for at least 15 days from the commencement date;

c) Broadcasting of information about the decision on mass media.

The appeal handling decision must be communicated or disseminated via mass media, including audio and video newspaper, print newspaper and electronic newspaper. The person handling the appeal can choose one of the mass media to broadcast such information. If the host entity of the person handling the appeal has its own website or web portal, information about the decision must be published on these platforms. The number of circulation of such information via audio and video newspapers must be at least 02 times of broadcast; at least 02 issues on print newspapers. The duration of broadcast of such information on electronic newspaper, electronic portal or website must be at least 15 consecutive days.

2. Decisions on handling of appeals involving issues on the list of state secrets or specified in other regulations of the Ministry of Public Security shall not be published according to regulatory provisions of point b and c of clause 1 of this Article.

Article 25. Compiling and managing appeal handling dossiers

After issuing the notification of acceptance of the appeal or the decision on verification, the verification team shall bear responsibility for compiling appeal handling dossiers. Compiling and managing these dossiers shall be subject to Article 11 in the Circular No. 52/2021/TT-BCA dated May 14, 2021 of the Minister of Public Security, prescribing inspection documenting activities of the People’s Public Security force.

Chapter IV

IMPLEMENTARY PROVISIONS

Article 26. Entry into force

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2. Any appeal considered and accepted for handling before the effective date of this Circular shall continue to be subject to regulatory authorities of the Circular No. 68/2013/TT-BCA dated December 26, 2013 of the Minister of Public Security, providing instructions about handling of complaints, petitions, grievances; handling of complaints and management of handling of complaints arising in the People’s Public Security force.

3. If legislative documents used as referents herein are revised, supplemented or replaced, new versions thereof shall be applied.

Article 27. Implementation responsibilities

1. The Inspectorate of the Ministry of Public Security of Vietnam shall have responsibility for providing instructions on, examining and facilitating the implementation hereof. The Police Inspectorates at all levels shall have responsibility for providing instructions on, examining and facilitating the implementation under their local authority.

2. Heads of affiliates of the Ministry of Public Security, Directors of Police Departments in centrally-affiliated cities and provinces shall be responsible for implementing this Circular.

3. In the course of implementation hereof, if any difficulty or problems arises, specialized and local Police forces should report to the Ministry of Public Security (via the Inspectorate of the Ministry of Public Security) for timely guidance./.

MINISTER




General To Lam

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