Circular 10/2014/tt-Bca: Regulating The Handling, Settlement Report And Management Task To Resolve Accusations Of People's Police

Original Language Title: Thông tư 10/2014/TT-BCA: Quy định việc xử lý, giải quyết tố cáo và quản lý công tác giải quyết tố cáo trong công an nhân dân

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MINISTER OF SECURITY
Number: 10 /2014/TT-BCA
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 4, 2014

IT ' S SMART

Q specify the handling, denouncing and managing the work.

The resolution of the prosecution is in the public. n

_________________

The Code of Law on November 11, 2011;

The Law Enforcement Law Enforcement Base June 17, 2010;

The Code of Criminal Procedal Code dated November 26, 2003;

Base of Protocol 76 /2012/NĐ-CP October 3, 2012 of the Government Regulation law enforcement of certain provisions of the Law of Prosecution;

Base of Protocol 91 /2013/NĐ-CP on August 12, 2013 of the Government rules on denouncing and solving the denouncing in the People ' s Public;

Base of Protocol 77 /2009/NĐ-CP September 15, 2009 of the Government stipulated the function, mandate, jurisdiction 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 handling, denouncing the denouncing and managing the resolution of the report in the People's Public Security.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This information regulates the reception, classification, processing of the whistled information; the resolution of denouncing and managing the resolution of the report in the Public Security.

2. The settlement of the alleged violation of the law in criminal proceedings, criminal execution, and violation of the law with signs of crime are not part of the regulation of this privacy.

What? 2. Subject applies

1. The Agency, the unit, the individual has the authority to take over, classify, process the charge and resolve the report in the People ' s Public Security.

2. The whiston, the agency, the unit, the individual is denouncing; the agency, the unit, the individual is involved in the settlement of the report in the People ' s Public Security.

What? 3. Explain words

1. Officer, soldier of the People ' s Public Security: Officer, corporal officer; officer, corporal officer of engineering, student of Public Security Schools, corporal officers, long-term service fighters, workers, officials, citizens who are proviated and agreed upon. labor in the People's Public Security.

2. denouncing acts of violation of the officer's law, the soldier's soldier in the execution of the mission, the job is to denounce the officer, the soldier of the Public Security with violation of the law in the execution of the function, the task of being delivered.

3. The prosecution of a violation of the law of state management in the field of security, order is to denounce the agency, the unit, the individual who acts in violation of the law on state management in the field of protection of national security, safeguards, social safety, and security. It's the Department of Public Security.

4. The prosecution in criminal proceedings is denouncing the violation of the Chief Justice of the Prime Minister, Deputy Chief Executive Officer, Investigated Officer; of cadres, soldier of Public Security in criminal proceedings.

5. The prosecution in criminal execution is the prosecution of the Chief Justice of the Prime Minister, Deputy Chief of the Criminal Court of Criminal Justice; of the cadre, the soldier of the People's Public Security in criminal execution.

6. The officer of the officer, a citizen of the public who violates the provisions of the Ministry of Public Security as a charge of the officer, the soldier of the People's Public Security, the code of ethics, the rule of conduct, the standard of staff, the People's Security Council, and other provisions of the Ministry of Public Security.

What? 4. Apply the law on denouncing and resolving the report

1. The report of the agency, the organization, the Vietnamese personally; the organization, the foreign individual, the active international organization, residing in Vietnam and the settlement of the alleged violation of the law of the agency, the organization, the individual above the accountability of the Security Council. The people are adopted by the rules of the Law of the Accusation; The Decree. 76 /2012/NĐ-CP October 03, 2012 of the Government Regulation the implementation of some of the provisions of the Attorney General; the digital decree. 91 /2013/NĐ-CP The August 12, 2013 Government of the Government stipulated on denouncing and resolving the report in the People ' s Public Security (the designation Protocol) 91 /2013/NĐ-CP ) And this is the same, except for the case of international treaties that the Socialist Republic of Vietnam is another regulated member.

2. The other legal case that rules on denouncing and solving other denouncing with the provisions of this Smart applies under the provisions of that law.

Chapter II

TAKE OVER, PROCESS THE REPORT.

What? 5. Continue the report information

The agency, the Department of Public Security, receives the information that is required to enter or enter the database system for management, monitoring; stamp "To" and stating the date, month, year of receiving the report. The handling officer or person with the authority to address the charge is responsible for preservation, not to damage, fail, not to alter the form and the application of the application, or the writing of the report.

What? 6. Handout the jurisdiction of the jurisdiction, the responsibility of the Civil Security.

1. Process information denouncing violation of the law of the cadre, soldier of Public Security in the execution of the mission, the service:

a) In the 10-day period of work, since the date received denouncing the jurisdiction of the settlement, the officer of the agency, the unit must organize the test, verify them, the name, address of the whistled, and other content to decide whether or not it is possible. The reasoning resolution; written notice to the whistled whister (if they do not have a request for secrecy); the case must check, verify at multiple locations, the test deadline, verification may be longer but not more than 15 days. work;

b) For the non-jurisdiction of the settlement, but in the responsibility of the settlement of the People's Security, it is within the 5 working days since the date received, the body, the application, the prosecution must be transferred to the Chancellor of the Public Security. have jurisdiction to resolve in accordance with regulation at Article 5 of the number 91 /2013/NĐ-CP to consider, address; simultaneously inform the whistled whistled (if they do not request to keep the secret) and the Public Security Agent with the authorities with the authority to resolve the report;

c) The case with the grounds that the settlement of the prosecution is not legally correct or too long overdue the stipulation that the prosecution is not addressed then moves to the Head of the Office of Public Security on the direct of the whistled settlement for consideration, process processing. in Article 27 of the Code;

d) The person with the authority to resolve the report in the People ' s Public Security is not rational, the resolution of the charge in the prescribed cases at points a, point b, point c 2 Article 20 The charge and which has the text answer the whistled, stating the reason the report is not. I'm sorry The case was answered, and the charges were filed.

2. Process information that denounce violation of the law on state management in the field of order security:

a) A violation of a violation of the law of state management in the field of order security in the jurisdiction of the agency, which of the Public Security unit, the Chief of the Agency, the Security Council, is responsible for review, settlement;

b) The case of denouncing no jurisdiction of the agency, the unit itself, is transferred to the Chief of the Agency, the Security Council has the authority to review, resolve.

3. Processing the whistled information in criminal proceedings:

a) The Deputy Prime Minister, the Investigated Agency investigator for which the accused behavior is not related to the arrest, detention, detention, and detention of the Attorney General of the Bureau of Investigation. The case of the accused was the Chief Executive Officer or denounced as Deputy Chief Minister, Investigation of the Investigation Agency was resolved by the Chief Executive Officer but the whistled whistled with new evidence that moved to the Chief of the Agency. a direct inquiry directly reviewed, addressed by regulation at Article 337 of the Criminal Procedal Code in 2003;

b) The report relating to the arrest, detention, detention of the Prime Minister, Deputy Prime Minister, and the Investigation of the Investigated Agency shall be transferred immediately to the Institute of Investigation and review, as defined by the Regulation 3 Article 337 Code of Criminal Procedal Code in 2003;

c) The alleged criminal prosecution of the cadres, the competent Public Security officer to conduct a number of investigative activities then moved to the Institute of Prosecution Examination for criminal charges against the offender whom the accused had conducted several investigative activities to see if they were executed. It was decided by a Code 337 Code of Criminal Justice in 2003.

4. Processing of the whistled information in the criminal execution execution operation:

a) A violation of the violation of the law in the criminal execution of the Deputy Minister, the officer, the officer of the Department of Criminal Justice.

b) A violation of the violation of the law in the criminal execution of the Chief Justice of the Court of Public Affairs, which is to move to the Chancellor of the Public Security, to review it. If the defendant is the Head of the Office of Public Affairs, the Minister of Public Affairs is transferred to the Minister of Public Security, which is resolved.

5. The officer of the officer, the police officer in violation of other provisions of the Ministry of Public Security of the jurisdiction of the office of the Chief Minister of the Agency, the Public Security unit, then moved to the Chancellor of the Public Security, to review, to address the provisions of the Ministry of Public Security.

6. The prosecution of criminal acts with a sign of criminal charges must be transferred immediately to the jurisdiction of the jurisdiction to settle under the provisions of the Criminal Procedal Code in 2003.

What? 7. Deal with no jurisdiction, responsibility for the resolution of the People ' s Public Security.

1. In the 5-day period of work, since the day of the agency, the Public Security unit received the report, if it is not under jurisdiction, it must be transferred to the agency, who has the authority to consider, the settlement is as follows:

a) denouncing the violation of the law of cadres, civil officials, officials outside the People's Public Security, but without signs of crime or denouncing acts of violation of the law on state management in the fields, not the responsibility of the settlement of the Security Council. People move to the direct Prime Minister of the cadres, the public, the officer considers, resolution as prescribed at Article 12 of the law denouncing or transferred to the state governing body under the prescribed jurisdiction at paragraph 1, Article 31 of the law denouncing and informed. the whistled whistled (if they had a request);

b) The case of the whistled whistled whistled directly, the guidelines for the whistled whistled with the agency, the organization, the individual with the authority to review, resolve.

2. The case of receiving a whistled information is not part of the resolution of the People ' s Public Security that the accused has sent to the agency, the organization, the individual with the authority to resolve; the alleged duplicate of content has moved to the agency, the organization, the competent individual. Or have been instructed to save the bill.

Chapter III

DENOUNCING AND ADDRESSING THE ALLEGED VIOLATION OF THE OFFICER ' S LAW, THE SOLDIER OF THE PUBLIC OFFICE IN

TASK FORCE.

What? 8. Judge resolution

The authority to address the alleged violation of the law of the cadre, the soldier of the Public Security in the implementation of the mission, the work done under the regulation at Article 5 of the number 91 /2013/NĐ-CP The case of the accused is that the Public Security officer, the non-commissioned town of the People's Public Security Council, is in accordance with the provisions of Article 12 of the Law.

What? 9. Penal form, sequence, procedure, time of charge resolution.

1. The whistled person must write a single, name, address, date, month, year, denounce, sign or direct point. If the whistled authority has jurisdiction to directly denounce, the recipient of the recipient's instructions to write a single or record the contents of the report into the text to the accuser or point. The case denouncing corruption over the phone or via the electronic information network is processed by regulation at paragraph 3, paragraph 4 Article 55 of the number. 59 /2013/NĐ-CP June 17, 2013, the Government regulates certain provisions of the Law, against corruption and regulation of the Law of Defense, against corruption.

2. The procedure, procedure, the deadline for the resolution of the implementation by regulation at Article 7 Digital Protocol 91 /2013/NĐ-CP and other provisions of the Ministry of Public Security.

3. The whistled whiston has the responsibility to apply promptly to the defense of the whistled, preventing the possible damage and the handling of the offender by the rule of law.

4. The verification, the conclusion, the petition for the prosecution to process the execution by the law on the charge. The decision to process the charge is issued only when the defendant has a breach, which needs to apply a form of discipline or regulatory measures by the rule of law. The whistled person must announce the results of a written denouncing solution to the whistled (if they require), the accused and the organ, the individual responsible. The conclusion of the report content and the decision to process the accused behavior of being denounced (if any) must be publicly prescribed at Article 12 of the Digital Protocol 91 /2013/NĐ-CP.

5. The case of denouncing denouncing charges is processed by regulation at Article 6 Digital News 06 /2013/TT-TTCP 30 September 2013 rules the resolution of the Government Inspects.

Chapter IV

THE PROSECUTION AND THE RESOLUTION DENOUNCED THE VIOLATION OF THE LAW ON STATE MANAGEMENT IN THE FIELD OF SECURITY, ORDER.

What? 10. Judge resolution

1. The resolution of the resolution denouncing the violation of the law of state management in the field of security, the order of execution by regulation at Article 31 of the Code and Article 9 of the Digital Protocol 91 /2013/NĐ-CP.

2. The case of a person with the authority to handle the administrative breach but not the Head of the Agency, the Public Security unit when carrying out the mandate, the job receives the whistled information regarding its responsibility to conduct examination, verify and verify. Applying the necessary measures to suspend the breach; if there is a base for processing, the decision to handle the administrative breach, if it exceeds its jurisdiction, reports the authority to handle the rule of law.

What? 11. The sequence, procedure resolution procedure

The procedure, procedure of solving the violation of the law violation of state management in the field of security, order of execution by regulation at Article 32 of the Law of Impeachment and Article 10, Article 11 Digital Protocol 91 /2013/NĐ-CP.

Chapter V.

HANDLING, DENOUNCING THE JURISDICTION ASSOCIATED WITH JURISDICTION

OF MANY UNIT AGENCIES AND THE DENOUNCE THERE ARE MANY DIFFERENT CONTENT.

What? 12. The report of conduct is related to the management authority of multiple agencies, the Public Security unit.

Denouncing the violation of the law of the cadre, the soldier of the People's Public Security in the task of duty, the service is related to the jurisdiction of many agencies, the Public Security unit currently stipulated in paragraph 9 Article 5 of the Census. 91 /2013/NĐ-CP.

What? 13. The report denounce complaints.

The case of denouncing complaints, the Chief of the Agency, a competent Public Security unit must separate the contents of the complaint, the contents of the complaint to resolve; resolve the content denouncing the sequence, the decision to resolve the report; resolve the complaint content. In order, the procedure is resolved. The event of a non-jurisdiction is not part of its jurisdiction, and it transfers to the Chief of the Authority, which has the authority to review it, addressing the provisions of the law.

What? 14. The report has a variety of content, field, of the resolution authority of various agencies, units.

The denouncing a variety of content, the field, the jurisdiction of the various organs, the various units, separate the whistlebendas in each field to address the authority, the sequence, the regulation of the law on the charge in that area.

Chapter VI

THE RESPONSIBILITY OF THE AGENCIES, UNITS IN THE RECEPTION, PROCESS, SETTLEMENT, AND MANAGEMENT OF THE REPORT RESOLUTION OPERATION.

What? 15. The responsibility of the Chancellor of Public Security

The Minister of Public Security is responsible for directing the receiving, classification, processing, settlement, and management of the resolution of the prosecution of its management.

What? 16. The responsibility of the Ombudship and other authorities

1. The Public Security Inspectman has the responsibility to help the Chancellor of Public Security with:

a) Take on, classify, process; verify, verify, verify verification of the verification, petition for the judgment of the resolution of the resolution of the Chancellor of the United States of the same rank when delivered in accordance with the law of the law of the charges and the provisions of the Hey.

b) The foreman, the examination, the guidance of the reception, handling, settlement and management of the resolution of the resolution of the resolution of the resolution of the subordinate of the Chancellor of the Public Security;

c) Review, which concludes the settlement of the alleged violation of the law of the cadre, the soldier of the People's Public Security in the implementation of the mission, the service, and the other charge that the Under-Direct Head of Public Security has addressed but there are signs of violation of the law. (except for the standard of cadres).

2. The General Directorate of Public Security Forces is responsible:

a) Take over, classify, process whistled information from the sources of transfers to; check, verify, verify verification of verification, petition for disposal of the report on the standard of cadres, the Court of Public Security, the resolution of the General Secretary General of Construction. building the People ' s Public Security and the Minister of Public Security;

b) Coordinated with the Department of Public Security or Functional Authority on the same level of the verification, conclusion of the verification, and the petition for the prosecution of the whistled-related report, the officer of the Security Council, and the Agency, and the Security Council. The staff of the staff, the Duke of Public Security, is under the authority of the Minister of Public Security.

c) The foreman of the verification, concluding of the settlement of the report concerning the standard of cadres, the Security Council of the Court of Justice of the resolution of the Minister of Public Security.

3. The Agency for the Provincial Public Security Officer is responsible:

a) Take over, classify, process whistled information from the sources of transfers; check, verify, verify verification of verification, petition for the measure of the report on the standard of cadres, the Security Council of the Court of Justice resolution of the Chancellor of the same level; announce the results of the report results to the Inspector of the same level for monitoring, management;

b) Coordinated with the Agency for Inspectra or Authority to the same level of verification, conclusion of the content verification, the petition for the handling of the whistled trial and the relevant information regarding the standard of cadres, the officer of the Public Security Agency and the Ministry of Public Affairs, and the Ministry of Public Affairs, and the Ministry of Public Affairs. of the Director of the Security Council under the jurisdiction of the Director of the Provincial Public Security Director.

4. The Office of Public Security, the Office of the Provincial Public Security, is responsible:

a) Take and transfer to the Ombudship with the same level of charge processing from the sources of origin;

b) Take on and move to the Chancellor of Public Security with the authority to address the whistled whistled charges in the popular media. The Court of Public Security resolved to announce the results of the results of the report on the body that was reflected, the Agency for Inspects and the Organization of the Organization for the same level to unify the management and serve of the management work;

4. The Investigation Agency, the Criminal Enforcement Enforcement Agency in Public Security has the responsibility to take, resolve the prosecution of its field and report the Prime Minister to the same level of the indictment. grant to help the Prime Minister to monitor the results of the settlement.

What? 17. Asset management resolution

1. The Minister of Public Security performs state administration on the settlement of the report in the scope of its management under the regulation at Article 41 of the Indictment Law.

2. The Chancellor of the Public Security is accountable to the Premier of Public Security on direct terms on the management of the regulatory settlement in his management scope.

3. The Department of the Minister helps the Minister to unify the state on the work of settlement work on officers, soldiers in the entire force of Public Security; track results of the resolution of the report on violations of the law on state management in the field. Security, order within the Department of Public Security; monitors the results of the resolution of the criminal proceedings and criminal executions in the entirety of the People's Public Security.

4. Inspector of Public Security grants the Prime Minister to the most senior management of the resolution of the report on the staff, the soldier of the unit, his locality; the results of the results of the results of the resolution on violations of the law on state management in the United States. the security, order, and results of the indictment in criminal proceedings and in the criminal execution of the jurisdiction of the Prime Minister of the same level. Every month, six months, a year of responsibility to help the Prime Minister to the same level report the results of the indictment to the Head of the Direct Level (through the Ombudship of the same level as the Direct Prime Minister).

5. General Construction of the People's Public Security Forces and the Organization of the Public Security Organization of Units, local help the Prime Minister with the first level of management of the settlement work in relation to the standard of cadres under the jurisdiction of the Chief Minister of the same level. Every month, six months, a year, the Directorate General Construction of the People ' s Public Security Forces has a responsibility to report the results of the indictment to the Minister and inform the Inspector of the Department, monitor; the Agency for the Organization of Public Security units, localities with responsibility. to help the Prime Minister to report the results of the results report to the Head of the Direct Level (via the Inspector of the same level with the Prime Minister directly).

6. Security Agency investigating, the Police Agency investigating, the Criminal Court of Criminal Justice of the People's Public Security helps the Prime Minister with a unified management of the prosecution of the prosecution in his field. Every month, six months, a year, the Security Agency investigating, the Police Agency investigating, the Criminal Justice Enforcement Administration has a responsibility to report the results of the indictment to the minister and inform the Department of the Department of the Department of Information, tracking; the Security Agency. The Bureau of Police, the Criminal Police Agency, the Provincial Public Service Enforcement Agency, the Criminal Police Agency, the Criminal Police Enforcement Agency, the Criminal Police Enforcement Agency, is in charge of helping the Prime Minister to report the results of the results of the report to the Chief Minister. directly on the direct (via the Inspector of the same level with the Prime Minister directly).

What? 18. Report of the resolution of the report

1. The monthly periodic report on denouncing and addressing the denuation of the units of the General Directorate, the Ministry of Command, Provincial Security and the equivalent to the Head of the Head on Direct (through the Ombudship of the same level) on 15 May.

2. The monthly periodic report on the prosecution and settlement of the General Directorate, the Ministry of Command, Office of the Ministry, Provincial Security and the equivalent, the Ministry of Foreign Affairs of the Ministry to the Minister (via Inspector of the Ministry) on 20 monthly; reported six months on May 25; The final report is on November 25, every year.

3. The report suddenly must send in time as required.

Chapter VII.

EXECUTION CLAUSE

What? 19.

It has been in effect since 20 April 2014.

Remove the regulatory content of denouncing and resolving the report at the Digital Information. 63 /2010/TT-BCA (V24 ) December 29, 2010 by the Minister of Public Security and the resolution of the complaint, denouncing in the People's Public Security.

What? 20.

1. The chief ministers, the Deputy Head of the Ministry, the Director of Public Security, the Central City of the Central City, Director of the Department of Fire and Fire Department are responsible for the organization's implementation.

2. The Department inspector has the responsibility to guide, check, the governor does this. The Inspector of Public Security is responsible for guidance, inspection, and the practice of this information within the unit, where he is located.

3. In the process of conducting this message if there is an entanging, the Security of Units, the local reporting of the Ministry (through the Inspector of the Ministry) for a timely direction.

Minister.

(signed)

The General of the Sword