Decree 92/2013/nd-Cp: Provisions On Denunciation And Resolution To Denounce In Public Security People

Original Language Title: Nghị định 91/2013/NĐ-CP: Quy định về tố cáo và giải quyết tố cáo trong Công an nhân dân

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THE GOVERNMENT.
Number: 91 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, August 12, 2013

DECREE

The regulation of denouncing and resolving the report in the People ' s Public Security

_________________________

The Law base. Nest Yes. brew December 25, 2001;

The Code of Law 1 1 th Ah! 11 years 201 1 ()

The Law base. - You're a citizen of the 29th. Ah! 11 in 2005;

At the suggestion of the Minister of Public Security,

The government issued a decree decree on t Stain. And solve the problem. Stain. It's in the People's Public Security.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This decree rules on denouncing and resolving the charges against the violation of the cadres of the cadres, the Security Minister in the execution of the mandate, the service; the prosecution and the resolution of the report on the violation of the law on state management in the field. Order of security; the responsibility of the Prime Minister, the officer, the officer of the Security Council in the protection of the whistled, and the management of the resolution of the resolution in the People's Public Security.

2. The prosecution of violations 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 decree.

What? 2. Subject applies

1. This decree applies to citizens, cadres, soldiers of the Public Security in the exercise of the right to denounce; the agency, the unit, the individual whose behavior is denouncing; the agency, the unit, the individual has the authority to resolve the prosecution in the People ' s Public Security and the agencies, the organization, The other individual was involved in the settlement.

2. The denouncing of foreign individuals residing in Vietnam and the resolution of the alleged violation of the law of the agency, the organization, foreign individuals in Vietnam under the jurisdiction of the settlement of the People ' s Public Security applied under the provisions of the Law Prosecutor. And this decree, except for the case of the International Convention that the Socialist Republic of Vietnam, is another regulated member.

What? 3. Explain words

In this decree, the words below are understood as follows:

1. "Officer, Righteous Officer" consists of: Officer, Chief of Staff Officer; Officer, Chief Technical Officer, student of Public Security Schools, Petty Officer, Senior Service officer, worker, officer, provisional citizen, and labor contract. in the People's Security.

2. "State management in the field of order security" is the state administration of national security protection, safeguards, social security under the jurisdiction of the Ministry of Public Security.

3. "Do the task, the service of the cadres, the officer of the Security" as the cadre, the officer of the Security Council, the duty of duty, authority in the field of protection of the national security, to maintain order, social security, or when it is assigned.

4. "The resolution whistled in the People 's Public Security" is the agency, unit and individual who have the authority to resolve the denounce in the People' s Public Security.

5. "Resolve resolution in the People's Public Security" is the receiving, verification, conclusion of the whistled content and the handling of the whistled whistlout in the People's Public Security.

Chapter II

DENOUNCING AND SOLVING CHARGES AGAINST THE VIOLATION OF THE OFFICER ' S LAW, THE SECURITY OFFICER IN THE EXECUTION OF THE MISSION, THE SERVICE.

What? 4. The prosecution of the disciplinary action of the cadre, the Security Warrior in the execution of the mission, the

Citizens, cadres, soldiers of the Security Council have the right to denounce with the agency, the unit, the competent individual in the People's Public Security on violation of the officers ' laws, the Security Officers in the execution of the mission, the task of damaging or threatening to inflict damage. to the benefit of the State, the right and the legitimate interests of the agency, the organization, the individual.

What? 5. The authority to solve the criminal behavior. l -Yeah. Ah! n Ministry, Chief Security Officer in the task of carrying out the mission, the service

1. Head of Public Security, Town, Head of Fort, Public Security Station (collectively known as Head of Public Security) addressing the report on the cadres, the Duke of Public Security is subordinate to his direct management, except for Deputy Minister of Public Safety.

2. Head of Public Security, District, Town, Province of the Province (collectively known as Head of District Security) addressing the report to the Chief, Deputy Minister of Public Safety and cadres, the Warrior holding office from the Captain and the equivalent of descending under management. My direct.

3. Head of the department and head of the equivalent unit of the provincial government, the Central City (collectively known as Provincial Security) or the Department of Fire Police and fire extinguiking the prosecution for cadres, the soldier holding office from Captain and Chief. It ' s the equivalent of going down to your direct management.

4. Director of the Provincial Security Council resolution whistled on the Head of the Department, Deputy Head of the Department, Deputy Minister of the Subordinate Unit of Provincial Security and Head, Deputy Minister of Public Affairs of the District;

The director of the Department of Fire and Fire Department for the Prevention of Litigation was reported to the Dean, Deputy Head of the Department, and Deputy Head of the Department of Police and Fire Department.

5. Chief Minister, Vice President of the Office of the General or the Chief Minister of the General Unit to address the charge of the charge, the soldier holds the office from the Captain and the equivalent of his direct management.

6. The sheriff, the Chief Minister, the Deputy Minister of the Department of the Indictment of the Impeachment Department for the cadres, the soldier who holds the office from the Chief of the Department to his direct management.

7. The General Secretary or Chief Minister of the equivalent unit address the charge against the Chief of the Department, Deputy Head of the Department and the officer who holds the office equivalent to the bureau, the unit subordinated to the Directorate.

8. The Secretary of the resolution denounced for the Prime Minister, Deputy Chief of the General Administration or the equivalent; level, Department of the Department; Department level subordinated or equivalent; Director, Deputy Director of Provincial Security; Director, Deputy Director of Police Department. Fire and firefighting or senior professional by the Minister for Direct Management (if any).

9. The prosecution of the violation of the law in carrying out the duties, the service of the cadres, the Security Council of the competent authorities of several agencies, the Security Unit was administered by the Chief of Public Security, the Public Security Unit, and the officer of the public. coordination with the agencies, the unit that ' s relevant.

What? 6. Continue, process the report information

1. Minister of Public Security with responsibility:

a) Take over or distribute the cadre of management to accept the report of the citizens, cadres, and soldiers of the Public;

b) The location of the headquarters or location, the head of the public reception to receive the charge, the petition, which is reflected in the report.

2. The Public Security Ombudman or the Minister of Public Security to receive the issuing of the charge, the petition, reflects the relevant report responsible for helping the Chancellor of Public Security on the same level of receiving, categorisor, propose a measure of regulatory information on the rules. The law.

3. No review, the resolution of the resolution denouncing the prescribed cases at paragraph 2 Article 20 of the Prosecution Law.

4. When receiving a report of clear to them, the name, address, has a direct signature or a whistled point of the whistled person, the recipient of the charge is reported in the People's Public Security, which handles the provisions at Clause 1 and 4 Articles 20. If the accused behavior has signs of crime, the application of the prosecution and the documents that are associated with (if any) to the investigative agency or the Institute of Examination have jurisdiction to handle the provisions of the law.

The case is too long that the prosecution is not resolved or has the grounds that the settlement of the prosecution is not legally correct, and it moves to the Chief of Public Security of the person who is responsible for solving the charge to review, according to the regulations. at Article 27 of the Code.

What? 7. The procedure, procedure, time of charge resolution

The procedure, procedure, duration of resolution denouncing the law violation of the cadre, the Chief Security in the implementation of the mission, the service under provisions at Articles 18, 19, 20, 21, 22, Clause 1 Article 23, 24, 25, 26, 27, 28, 29 of the Report, Clause 1 Article 12 of this decree.

Chapter III

DENOUNCING AND ADDRESSING THE PROSECUTION FOR THE VIOLATION OF THE LAW ON STATE MANAGEMENT IN THE FIELD OF ORDERLY SECURITY.

What? 8. Legal misconduct charge l The conduct of state management in the field of orderly security

Citizens have the right to denounce with the agency, the unit, the competent individual in the Public Security of violating the law on state management in the field of order security.

What? 9. Judge resolution

1. Head of the agency, the Public Security Unit has the authority to address the report on violations of the law on state management in the field of order security within the assigned management range. The agencies, the other Public Security unit involved in coordination.

2. The person who has the authority to dispose of administrative violations in the citizen ' s public has jurisdiction to address charges against law violations of state management in the field of order security in the jurisdiction of the assigned jurisdiction, except for the law enforcement case. -Yeah.

3. The report of a violation of the law on state management in the field of order security is related to the authorities 'state management function other than the People' s Public Security, the Chancellor of the Public Security Office has the authority to resolve the alleged exchange. with the relevant authorities to unify the allocation of the presiding officer, coordinate the resolution of the report. If it is not uniform, then report the Chief of Public Security on direct review, the decision.

4. The prosecution of a violation of the law on state management in the field of order security has signs of crime due to the law enforcement of the settlement under the rule of criminal proceedings.

What? 10. The procedure, procedure, time of charge resolution

The procedure, procedure, duration of resolution denouncing the law violation of state management in the field of order of law execution by regulations at Articles 18, 19, 20, 21, 22, Clause 1 Article 23, 24, 25, 26, 27, 29, 29, 33 of the Prosecution Law, Claim 2 Articles Twelve of these.

In the case of the alleged violation of the law in state management of order security, the execution of such violations should be subject to law enforcement.

What? 11. Sequence, Player Okay. c resolution has n There. Clearly, the evidence. Okay. There's a chance. Okay. Right now.

1. To denounce the violation of the law on state management in the field of order security that is clear, specific evidence, which has the basis to process right now, the resolution of the report is done according to the following sequence:

a) Officer, the Chief of Public Security or the competent authority to sanctiate administrative violations in the Public Security recipient, processing the charge information;

b) The case of denouncing the violation of the law of the governing body of the agency, its unit, the officer of the Security Council, receives the charge directly to proceed, or report a person with the authority to resolve the report. The prosecution, which applies the measure necessary to suspend the breach and promptly compile the text of the violation of the law (if any); the examination of the whistled information is carried out in the case of the settlement the prosecution found it necessary for the process of execution. The behavior of the accused;

c) The prime minister, cadre, the Security Council of the Public Security team charges the decision to process violations under the jurisdiction or offer the authority to have jurisdiction over the provisions of the law.

2. The prosecution case was created jointly with the administrative breach filing under the rule of law on the disposal of administrative violations.

Chapter IV

PUBLICLY CONCLUDED THE REPORT, THE DECISION TO PROCESS THE VIOLATION OF THE LAW WAS DENOUNCED; THE RESPONSIBILITY TO PROTECT THE WHISTLED.

What? 12. Announcing the report content, the decision to process the violation of the law is denounced.

In the 10-day period, since the date of the signing of the indictment, the decision to process the alleged violation of the law, the whistrodman, is responsible for publicly concluding the report, the decision to process the breach of the law. as follows:

1. To denounce the violation of cadres of the cadres, the Security Council in the execution of the mission, the service, which is publicly available at the agency meeting, the unit where the officer, the officer, works, the component: The resolution of the charge; The man who verified the contents of the charge; the officer, the alleged officer; the head of the organ, the unit where the officer was involved, the officer accused of work and agency, the unit, the individual involved. Prior to the public meeting, the competent authorities had to have a written text for the agency, the unit, the relevant individual. The announcement time must be three days ahead.

2. To denounce the violation of the law on state management in the field of order security, the public conclusion of the statement of the indictment, the decision to process the violation of the accused law executed by one of the prescribed forms at Point b, c. Paragraph 2 Article 11 Protocol 76 /2012/NĐ-CP October 3, 2012 of the Government Regulation law enforcement of certain provisions of the Code. The public must secure information about the whistled whistled and the contents of the state secret industry.

What? 13. i The resolution of the whistled, the chief minister, the officer, the security officer in the protection of the whistled, the body of the fisherman. Yeah. The report.

1. During the resolution of the prosecution, the resolution whistled in the Public Security is responsible for the protection of the whistled, the accuser of the accused in accordance with Articles 34, 35, 36, 37, 38, 39 of the Proposition Law, regulations at Chapter III of Parliament. Number 76 /2012/NĐ-CP October 3, 2012 of the Government Regulation the implementation of certain provisions of the Code of Prosecution and other provisions of the relevant law.

2. Within the scope of the mission, its authority to receive the request of the whistled or whistled person or agency, the competent unit, the Chief Minister, the officer of the Security Council, the Public Security Council is responsible for the applicable legal measures. the law to protect the whistled, the accuser of the whistled.

Chapter V.

MANAGEMENT OF THE RESOLUTION OF THE REPORT IN THE PEOPLE ' S PUBLIC

What? 14. Work management resolution in the People ' s Public Security

1. Minister of Public Security performs state management of the regulatory settlement in its management range.

The Minister of Public Security helps the Minister of Public Security to manage the state on the work of settlement work on officers, soldiers in the entire force of Public Security; the results of the results of the results of the settlement report on violations of the law of state management. It is in the field of security of the Ministry of Public Security.

2. The Chancellor of Public Security is accountable to the Chief Minister directly on the management of the regulatory settlement in his management scope.

What? 15. Report of the resolution of the report

1. Minister of Public Security reports the Government on the work of settlement work in its management range periodically or at the request of the Government.

2. Head of the Public Security of the Senior Prime Minister reports directly on the regulatory settlement work within its management range periodically or at the request.

What? 16. cell The resolution of the report in the Civil Security.

1. The government inspector is responsible for the inspection of the implementation of the policy, the law and the mandate, the powers of the Ministry of Public Security on the work of denouncing the prosecution in the people ' s public.

2. The Inspector General of Government is responsible for consideration, concluding the settlement of the prosecution that the Minister of Public Security has addressed but there is a sign of violation of the law; the case of concluding the settlement of the alleged violation of the law, the Prime Minister ' s petition. Review, resolve.

Chapter VI

EXECUTION CLAUSE

What? 17. l Male execs

This decree has been in effect since 1 October 2013.

What? 18. i Execs

1. Minister of Public Security has the responsibility of guiding the implementation of this decree.

2. Minister, Deputy Head of the Ministry of Foreign Affairs, Head of the Government of the Government, Chairman of the Provincial Committee of the Provincial People, the Central City of the Central Committee and the agencies, the organization, the relevant unit responsible for the implementation of this decree ./.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung