Circular 11/2015/tt-Bca: Regulations Complaints Procedure In Public Security People

Original Language Title: Thông tư 11/2015/TT-BCA: Quy định quy trình giải quyết khiếu nại trong công an nhân dân

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MINISTER OF SECURITY
Number: 11 /2015/TT-BCA
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 2, 2015

IT ' S SMART

Regulation of the resolution of the complaint in the worker's public n

____________________

The Law Base filed in 2011;

Base of Protocol 75 /2012/NĐ-CP October 3, 2012, of the Government of the Government, to detail certain provisions of the Law.

Base of Protocol 106 /2014/ND-CP October 17 /11/2014 of the Government rules the functions, duties, powers, and organizational structure of the Ministry of Public Security;

At the request of the Chief Inspector.

The Minister of Public Security Department of Public Security regulates the process of resolving the complaint in the People ' s Public Security.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

The privacy regulates the rationing, verification, conclusion of the complaint content; enacted, sent, publicly decided to resolve the complaint to the administrative decision, administrative action, the discipline decision of the agency, the unit, the competent individual in the Company. People and complaints about the regime of the officer, the corporal, the officer, the officer of the service, the officer of the public, the Public Security Officer, the Public Security Workers (collectively known as the officer of the Security Council).

What? 2. Subject applies

1. The Prime Minister of Public Security, local has the authority to resolve the complaint, who has the responsibility to verify the complaint content in the People ' s Public Security.

2. The complaint, the person with the complaint, the agency, the unit, the individual is involved in the settlement of the complaint under the jurisdiction of the acting Chief of the Public Security of Units, local.

What? 3. The principle of resolving the complaint

The settlement of the complaint must ensure the correct, objective, public, democratic, timely and correct authority, the procedure, procedure, the statute of limitations of this law and this privacy; protect the interests of the State, collective, rights, and the legitimate interests of the body. Of course, unit, personal.

What? 4. Apply law

1. The settlement of the complaint in criminal proceedings, the criminal execution examination is carried out in accordance with the rule of law on criminal proceedings and criminal execution execution.

2. The settlement of the complaint through the operation of the inspection team is carried out by the regulation of the law on the inspection and other regulations that are relevant.

3. The template in the resolution of the regulatory complaint at this message is used in accordance with the provisions of the Ministry of Public Security.

Chapter II

SEQUENCE, COMPLAINT PROCEDURE

What? 5. Complaint Resolution

1. In the 10 (ten) days of work, since the date of receiving a complaint under the jurisdiction of the settlement without belonging to one of the cases specified at Article 11 of the Petition Law, the Minister of Public Security, the local authority to address. complaint (collectively, the person with the authority to resolve the complaint) for the first time or the second one must passively resolve and inform the user's degree of text to the complaint, the agency, the organization, the unit, the individual with the authority to transfer the complaint to (if any). The unreasonable case must explicitly inform the person of the complaint.

2. The case of many people who complain about the same content and sending a representative to perform the complaint, passively and inform the agent to the agent.

The rationing, does not resolve the resolution of the complaint made by the prescribed pattern.

What? 6. Check out the administrative decision, administrative action, decision on policy mode, the disciplinary decision to be lodged with a complaint.

1. After the complaint of the complaint, for the administrative decision complaint, the administrative action is the person with the authority to resolve the complaint for the first time to examine the administrative decision, the alleged administrative action.

For the decision to decide on the policy regime, the decision to discipline the officer, the officer of the Security Council, the person with the authority to resolve the complaint must directly examine or distribute the person responsible for testing the claim.

2. The audit contents include:

a) The legal base issued its administrative decision, carrying out administrative conduct, the decision on policy mode, the decision to discipline the cadre, the Duke of Public Security;

b) The authority to issue administrative decisions, implementation of administrative action, decision on policy and decision-to-discipline decision, soldier of the Security;

c) The content of the administrative decision, the implementation of the administrative action, the decision on policy mode, the decision to discipline the cadre, the Duke of Public;

d) The sequence, the procedure procedure, the format, the text technique of the administrative decision, the decision on policy mode, the decision to discipline the cadre, the Duke of Public Security.

3. Based on the test results, the case of a complaint against the administrative decision, administrative action, the decision on the policy regime, the disciplinary decision was true that the authority to resolve the complaint made the decision to resolve the complaint as soon as necessary. must proceed with the verification, concluding the sequence.

What? 7. Decided for the assignment of the verification of the complaint, the decision to verify the complaint content

1. The case needs to proceed with verification of the complaint, the person with the authority to resolve the complaint of self-verification or the agency, the unit, the individual under his direct management, conduct verification of the complaint (later to general). He is the one who has the responsibility to verify.

2. The case requires a person to have the authority to resolve the complaint, who has the responsibility to verify that it can be established to be a member of the verification party or to verify that the contents of the complaint (later known as the Authentication Nest).

The decision to verify the contents of the complaint is made by the specified pattern.

What? 8. The plan to verify the complaint content

1. In the event of the establishment of the nest, the Organization of the Organization of the Verification is responsible for the planning of verification, the decision-making, the decision to verify the approval and organization.

2. The plan content is composed of:

a) The legal base for verification;

b) The purpose, the requirements of verification;

c) The content needs verification;

d) Agency, organization, unit, individual must work to collect, verify the information, documents, evidence;

This is a time for which we have to be able to do this.

e) The media conditions serve the verification.

What? 9. The decision to verify the complaint content

1. Within 10 (ten) of working days from the date of the decision to verify the complaint content, the person with the authority to resolve the complaint or the person responsible for verification of the decision to verify the contents of the complaint to the complaint, complaints and agencies, organizations, units, individuals involved.

2. In the case of necessity, the person with the authority to resolve the complaint or the person responsible for verification of the publication of the decision to verify the contents of the complaint at the agency, the unit of the complaint or agency, the unit where the complaint is Patience.

The publication of the publication was: The person with the authority to resolve the complaint or the agency's representative, the unit assigned to the verification, the verification, the agency's representative, the unit of the complaint, the defendant. Depending on the level of the complaint content to complement the appropriate component.

At the publication, the Foundation confirmed the full decision to verify; to provide the requirements for the provision of records, documents, the content of the defendants, the agency, the individual unit with regard to the complaint; the work schedule of the organization. Verification.

The publication of the decision to verify that the complaint was established to have the signatures of the participants.

What? 10. Working directly with the complaint, the lawyer, the legal assistant, the legal representative of the complaint; the person with complaint; the agency, the organization, the unit, the individual is involved.

1. For the complaint, the lawyer, the legal assistant, the legal representative of the complaint (the latter is generally the legitimate representative of the complaint).

The person with the authority to resolve the complaint or the person with responsibility for verification of working directly and asking the person to complain or the legal representative of the complaint provides the information, the following document:

a) Information on the character: They, the name, prove the people (or other papers), address the residence, the text that proves the legal representation;

b) Document information, evidence relating to the contents of the complaint: Base for complaint, request, complaint of the complaint, documents, evidence related to the complaint content.

2. For the accused person

The person with the authority to resolve the complaint or the Organisation to directly work and ask the person with the complaint to provide the document, the evidence regarding the contents of the complaint, the solution of the complaint was lodged, the proposed opinion on the settlement. complaint (if any).

3. For the agency, the unit, the individual involved

The case works directly with the agency, the unit, the relevant individual, who has the authority to resolve the complaint or the Organisation to inform the content of the work and the request to provide the information, documentation, evidence of service to the verification of the content. A complaint.

4. The content works with the complaint, the legal representative of the complaint; the person with the complaint; the agency, the unit, the relevant individual is set up in the border, noted the content has worked and has the signatures of the participants.

5. The case does not work directly with the complaint person or the legal representative of the complaint; the person with the complaint; the agency, the unit, the relevant individual then the person with the authority to resolve the complaint or the person responsible for verification of the deed. a request for the complaint, the legal representative of the complaint; the person with the complaint; the agency, the unit, the individual with the relevant information provided information, documents, evidence to clarify the contents of the complaint.

What? 11. Take on, verify the information, documents, evidence associated with the complaint content.

1. When receiving information, documents, evidence issued by the complaint person or the representative of the complaint, the person with the complaint, the agency, the organization, the unit, the person involved provides, the person addressing the complaint or the person responsible for verification. shown with the main map to determine the accuracy of the document. In the absence of a primary to the object, the supplier's request or the Chief Minister, the unit provides confirmation to the document. The reception must be established as a compile-up, detailing the status of document types, evidence.

2. When necessary, the person with the authority to resolve the complaint or the person responsible for verification of verification of the verification, the projection between the information is present on the document compared to the fact to determine the accuracy, legal, full of the information, the document. Well, the evidence relates to the contents of the complaint. The verification must be done by written.

3. Information, documentation, evidence, or verification document must be monitored closely and used in accordance with the correct regulation; only provided or published when the person has the authority to allow it.

What? 12.

Considering the need for a specialized agency's assessment as the basis for the conclusion of the complaint, the person with the authority to resolve the complaint or the person with the responsibility to verify the decision of the agency, the organization has jurisdiction. The decision to the request for the specified execution by the specified pattern.

What? 13.

1. During the resolution of the complaint, if the trial of the execution of the government was found to be unrecoverable, the authority to resolve the complaint issued a decision to suspend the execution of the government. A complaint.

2. When there is no longer a reason for the suspension of only the person with the authority to resolve the complaint issued the decision to cancel the suspended decision.

The decision to suspend, the decision to cancel the decision to suspend the temporary execution only by the prescribed pattern.

What? 14. Suspation of the complaint

1. In the event of a complaint filed by the complaint, the person with the authority to resolve the complaint issued a decision to suspend the settlement of the complaint.

2. The decision to suspend the settlement of the complaint was sent to the complaint, who was lodged with the complaint, who has the right and obligations involved, the agency, the organization, the unit, the individual who transferred the complaint to.

The decision to suspend the settlement of the complaint was made by the prescribed pattern.

What? 15.

1. Dialogue cases:

a) During the resolution of the complaint to the administrative decision, administrative conduct, the decision on the first policy regime if the complaint of the complaint and the results of verification of the complaint content is different then the competent authority to resolve it. a complaint or a person responsible for veritifully verification of the complaint organizes the dialogue. In the process of resolving the second complaint, the person with the authority to resolve the complaint or the person in charge of verification must hold the dialogue.

b) In the process of resolving the initial complaint, the second time for a decision to discipline the cadre, the officer of the Security, the person with the authority to resolve the complaint or the person with responsibility to verify the contents of the complaint must hold the dialogue.

2. Dialogue sequence:

a) Preparing for dialogue:

The person with the authority to resolve the complaint or the person responsible for verification of the file preparation has been investigated, verified; the document, the evidence has collected; the draft report results verified; determine the content to exchange, dialogue; inform the accuser. The complaint or the legal representative of the complaint, the person with the complaint, the agency, the unit, the individual with the relevant time, the location, the dialogue content.

b) Component participant:

The person with the authority to resolve the complaint or the person with a responsibility to verify the complaint content; the complaint or the legal representative of the complaint; the person with complaint; the agency, the unit, the other personally involved and the person addressing the complaint. the first time (if any);

c) Progress:

The person with the authority to resolve the complaint or the person responsible for verification of the complaint content checks the part of the dialogue participant; stated the reason, the dialogue content, instructions on the sides of the way, the content needs dialogue; the responsible person. The report results verify the contents of the complaint and the petition to resolve the complaint; the complaint or the legal representative of the complaint, who is accused of presenting an opinion on the content of the incident, the verification results, the petition addressing the complaint. by the host to the publication of the publication; the addition of information, documents, evidence related to the complaint and request, its aspirations; the opinion. of the agency's representative, the unit, the other relevant individual and the person who addressed the initial complaint (if any); the person with the authority to resolve the complaint or the person responsible for verification of the conclusion of the dialogue and the interpretation.

3. The dialogue is established as a compilation, the full content of the content, the opinions of the participants, the content that has been unified, the content with different opinions (if any) and the parties to the same sign. The border was formed at least 3 copies, each holding a copy.

The message, which is written about the problem of the resolution of the complaint execution by the specified pattern.

What? 16. Build the draft, announce the draft content report results verification of the complaint content.

1. The person with the responsibility of verification must draft a report that results in the validation of the complaint. The draft report results in the confirmation of the complaint content of the content specified in paragraph 4 Article 29 of the Claims Act. In the report must specify the information content of the complaint, who is lodged with the complaint, the decision to be lodged, the complaint lodged, the complaint of the complaint, the base for the complaint; the results of the previous complaint settlement (if any); verified results, The complaint of the complaint was the whole, wrong whole or in part; the petition to hold, cancel all or modify, add a portion of the decision to be lodged; the petition for the decision to issue a decision to resolve the complaint.

The draft report results verify that the verification content of the verification must be discussed by members of the organization, participating in the opinion. If there is a different opinion, the Organization of the Organisants must conclude and be responsible for its conclusions. The discussion must be established.

2. The case of necessity, who is responsible for verification of the draft report reporting the results of the verification of the complaint to the accuser, who has the complaint, the agency, the unit, the person involved know. The draft component of the draft report reports the verification results as the publication decided to verify the complaint content.

If the complaint, the person with the complaint, the agency, the unit, the individual who is involved does not agree with the draft report that the verified results have been informed, ask the person to provide a reason and provide information, documents, evidence to prove it. If no other document is provided, the complaint content is concluded on the basis of the information, the document, the evidence was verified.

The announcement must be made to compile a record of certain content, unagreed content, the reason, the proof document, the complaints of the complaint, who is accused (if any).

3. After the draft announcement of the verification results report, the person responsible for verification of the additional verification or base of the verified document collection to complete the report's verification report has the authority to review the decision.

The report results verify that the complaint content is done according to the specified pattern.

What? 17. Consult consultation

1. For complex cases, there are more entanging or having a variety of handling views, who have the authority to resolve the complaint that can consult with the expert or agency agency, the organization, the relevant individual before the board of executions. We're going to solve the complaint. Consultation with consultation is made in the form of exchange text or conference organization.

2. In the process of resolving the second complaint, if it is necessary, the person with the authority to resolve the complaint decides to form the Advisory Council. As part of the Advisory Council, the person responsible for verification of the complaint content, the people who understand the subject matter in relation to the content of the complaint. Depending on the nature, the specific incident content may invite additional people to join the Advisory Council.

At the Advisory Council meeting, the person with the authority to address the presiding complaint requires that the person responsible for verification of the report results verify the contents of the complaint, the issues that have different opinions to ask for advice; the members of the Council of Justice. Discussion and consultation. The participating opinions are included in the Advisory Council Meeting. The receipt has the signature of the Chair, the Advisory Council Secretary.

The decision to set up the Advisory Council resolved the complaint of the implementation by the prescribed pattern.

What? 18. The decision to resolve the complaint

1. The regulatory base of the law, the result of veritigable content of the complaint, the outcome of dialogue, consultation with consultation (if any), the person responsible for verification of the decision to resolve the decision to resolve the claim of the person with the authority to resolve the complaint, issued.

a) The decision to resolve the complaint of administrative decision, administrative action, the decision on the policy regime for the first time under regulation at Article 31 of the Petition Law; the decision to resolve the second complaint was made as prescribed at Article 40. of the Law of the Petition.

b) The decision to resolve the decision to resolve the cadre discipline, the first Public Security officer was carried out as stipulated at Article 54 of the complaint; the decision to resolve the complaint of decision discipline, the Second Public Security officer was carried out in accordance with the rules. At Article 56 Of The Complaint.

2. In the case of necessity, the person with the authority to resolve the organ delivery complaint, the functional unit redefining the verification of the complaint itself before the board decides to address the complaint.

The decision to resolve the first complaint, the second time the prescribed pattern.

What? 19. Check, review the decision to resolve the First Minister ' s complaint.

1. In the case of a decision to resolve the Minister 's first complaint of the policy regime, the decision to discipline the officer' s jurisdiction directly and the complaint then the Inspector of the Presiding Officer, in coordination with the Directorate of Construction of the Public Security Forces. Help the Secretary of State, reconsider.

2. The inspection, review of the decision to resolve the complaint was made as follows:

a) The case of the decision to resolve the legal complaint, the Minister of the Organization of the Organization to resolve the complaint and have the text informed the complaint about not considering the complaint.

b) The case decided to resolve the complaint without content, wrong in part, to report the Secretary to the amendment, adding the decision to resolve the initial complaint.

c) The case of the decision to resolve the full misconduct then report the Minister to the decision to cancel the decision to resolve the initial complaint, the Inspector of the Department to help the Minister to verify, conclude the complaint. The verification, the conclusion of the complaint, carried out the sequence, the procedure to resolve the regulatory complaint at this level.

What? 20. Send the decision to resolve the complaint

1. For the decision to resolve the administrative decision complaint, administrative action:

In the time of 3 (three) working days, since the day of the decision to resolve the complaint, the authorities settled the complaint for the first time responsible for the decision to resolve the complaint to the complaint, the direct-level Prime Minister of the judge. The right to resolve the complaint, the person with the right, the relevant obligation, the agency, the organization, the individual has turned the complaint to and the agency on the same level.

In the 07 (seven) day of work, since the day of the decision to settle a claim that the authority to address the second complaint must submit a decision to resolve the complaint to the complaint, the first person to resolve the complaint, the person with the right, The agency, the agency, the organization, the authorities have the authority to transfer the complaint.

2. For the decision to resolve the complaint for the first time the decision to discipline, the decision on the policy regime of the cadre, the Labour fighter, the decision to resolve the complaint must be sent to the complaint and agency, the relevant unit; the decision to resolve. complaint the times the two disciplinary decisions, the decision on the policy regime to be sent to the complacitor, who addressed the first complaint, who has the right, the relevant obligation in the 07 (seven) day of work since the date of the decision to resolve. A complaint.

What? 21. publicly decide to resolve the complaint

In the 15 (fifteen) days, since the decision to resolve the complaint, the person with the authority to resolve the complaint the second time has publicly decided to resolve the complaint with one of the following forms:

a) announcement at the agency meeting, the unit where the person was convicted of a work complaint, the part of the attendance as when the publication decided to verify according to regulation at Article 2 Article 9 This message;

b) The announcement of the decision to resolve the complaint on one of the mass media such as the report, the paper, the electronic paper. The agency ' s agency with the authority to address the complaint has an electronic information portal or electronic information page, which must be public on the electronic information portal or electronic information site;

c) NIs at the office of the agency or the public place of the agency, the unit settled the complaint.

What? 22. Set up, manage the complaint resolution

After the complaint of the complaint, the person with the authority to resolve the complaint or the person responsible for verification is responsible for the filing of the complaint settlement. The establishment, case management conducted by the Department of Public Security on the guidelines for the inspection of the inspection of the complaint of the complaint, denounce in the People's Public Security. The profile of the complaint is set up in the following sequence:

a) The filing of a complaint resolved: When a complaint is resolved to resolve the complaint;

b) Document collection: Information, documentation, evidence related to the complaint content collected during verification; verification results, conclusions, petitions, decision resolution decisions;

c) The end of the complaint settlement profile: After carrying out the dispatch and public decision to resolve the complaint.

Chapter III

EXECUTION CLAUSE

What? 23.

It has been in effect since 20 April 2015.

This information replaces the regulations on the resolution of the complaint at the complaint resolution Process, denouncing in the People ' s Public Security attached to the Digital Decision. 1371 /2007/QĐ-BCA (V24) ) November 7, 2007 of Minister of Public Security.

What? 24. Organization to execute

1. General Secretary, Chief of Staff of the Ministry, Director of Public Security, Director of the Fire Department and the fire of the provinces, the Central City of China is responsible for the organization's organization.

2. The Department inspector is responsible for the guidance, inspection, and the practice of doing this.

3. In the course of execution if there is difficulty, entanging, the Public Security of Units, local reporting on the Ministry (via Inspector of the Department) for guidance or modification, timely addition.

Minister.

(signed)

General Chen Kuang