Chapter XIII
SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS IN CRIMINAL JUDGMENT EXECUTION
Section L COMPLAINTS IN CRIMINAL JUDGMENT EXECUTION AND SETTLEMENT THEREOF
Article 150. Right to lodge complaints in criminal judgment execution
1. Criminally sentenced persons and other related agencies, organizations and individuals may lodge complaints about decisions or acts of agencies and persons competent to execute criminal judgments if they have grounds to believe that these decisions or acts are unlawful and infringe upon their lawful rights and interests.
2. The statute of limitations for lodging first-lime complaints is 30 days after receiving or becoming aware of a decision or an act of criminal judgment execution which (he complainant considers unlawful.
In case a person is unable to lodge his/her complaint within the statute of limitations due to illness, natural disaster or enemy sabotage or working or learning far away or another objective impediment, the period during which such impediment exists shall be excluded from the statute of limitations for lodging complaints.
For subsequent complaints, the applicable statute of limitations is 15 days after receiving a complaint settlement decision of a competent person.
Article 151. Cases in which a complaint about criminal judgment execution is not accepted for settlement
1. The complained decision or act is not directly related to the lawful rights and interests of the complainant.
2. The complainant has neither full civil act capacity nor a lawful representative, unless otherwise provided by law.
3. The representative has not paper evidencing that his/her representation is lawful.
4. The statute of limitations for lodging a complaint has expired.
5. The complaint has been already settled under a legally effective decision.
Article 152. Competence to settle complaints in criminal judgment execution
1. Chairpersons of commune-level People's Committees shall settle complaints about unlawful decisions or acts of agencies, organizations and individuals assigned to supervise and educate persons serving criminal sentences in their communes, wards or townships.
2. Heads of criminal judgment execution agencies of district-level police offices shall settle complaints about:
a/ Unlawful decisions or acts of deputy heads, officers, non-commissioned officers and soldiers under their agencies' management, except the case specified in Clause 8 of this Article;
b/ Unlawful decisions or acts of chairpersons of commune-level People's Committees;
c/ Complaint settlement decisions of chairpersons of commune-level People's Committees. Their legally effective complaint settlement decisions.
3. District-level police chiefs shall settle complaints about:
a/ Unlawful decisions or acts of heads of criminal judgment execution agencies of district-level police offices;
b/ Complaint settlement decisions of heads of criminal judgment execution agencies of district-level police offices. Their legally effective complaint settlement decisions.
4. Heads of criminal judgment execution agencies of provincial-level police departments shall settle complaints about unlawful decisions or acts of officers, non-commissioned officers and soldiers under their agencies' management, except the case specified in Clause 8 of this Article.
5. Directors of provincial-level police departments shall settle complaints about:
a/ Unlawful decisions or acts of heads of criminal judgment execution agencies of provincial-level police departments;
b/ Complaint settlement decisions of heads of criminal judgment execution agencies of provincial-level police departments and district-level police chiefs. Their legally effective complaint settlement decisions.
6. The head of the criminal judgment execution management agency of the Ministry of Public Security shall settle complaints about unlawful decisions or acts of officers, noncommissioned officers and soldiers under his/ her agency's management, except the case specified in Clause 8 of this Article.
7. The Minister of Public Security shall settle complaints about:
a/ Unlawful decisions or acts of the head of the criminal judgment execution management agency of the Ministry of Public Security, except the case specified in Clause 8 of this Article;
b/ Complaint settlement decisions of directors of provincial-level police departments and the head of the criminal judgment execution management agency of the Ministry of Public Security, except the case specified in Clause 8 of this Article. His/her legally effective complaint settlement decisions.
8. Chairmen of provincial-level, military zone-level and district-level procuracies shall settle complaints about unlawful decisions or acts of persons assigned to manage and educate inmates in performing their assigned tasks. Chairmen of higher-level procuracies are competent to settle complaints about decisions of lower-level procuracies. Complaint settlement decisions of chairmen of higher-level procuracies are legally effective for execution.
Article 153. Competence to settle complaints about criminal judgment execution in the People's Army
1. Heads of criminal judgment execution agencies of military zones shall settle complaints about unlawful decisions or acts of officers, professional servicemen, noncommissioned officers and soldiers of army units and criminal judgment execution agencies of military zones in criminal judgment execution, except the case specified in Clause 8, Article 152 of this Law.
2. Military zone commanders and holders of equivalent ranks shall settle complaints about:
a/ Unlawful decisions or acts of heads of criminal judgment execution agencies of military zones, except the case specified in Clause 8, Article 152 of this Law;
b/ Complaint settlement decisions of heads of criminal judgment execution agencies of military zones, except the case specified in Clause 8. Article 152 of this Law. Their legally effective complaint settlement decisions.
3. The head of the criminal judgment execution management agency of the Ministry of National Defense shall settle complaints about unlawful decisions or acts of officers, noncommissioned officers, professional servicemen and soldiers under his/her agency's management, except the case specified in Clause 8. Article 152 of this Law.
4. The Minister of National Defense shall settle complaints about:
a/ Unlawful decisions or acts of the head of the criminal judgment execution management agency of the Ministry of National Defense, except the case specified in Clause 8, Article 152 of this Law;
b/ Unlawful decisions or acts of military zone commanders and holders of equivalent ranks, except the case specified in Clause 8, Article 152 of this Law;
c/ Complaint settlement decisions of the head of the criminal judgment execution management agency of the Ministry of National Defense, military-zone commanders and holders of equivalent ranks, except the case specified in Clause 8, Article 152 of this Law. His/her legally effective complaint settlement decisions.
Article 154. Rights and obligations of complainants in criminal judgment execution
1. A complainant has the following rights:
a/ To personally lodge his/her complaint or authorize his/her lawful representative to do so;
b/ To lodge complaints in any stage of the criminal judgment execution process;
c/ To withdraw his/her complaints in any stage of the complaint settlement process;
d/ To receive written replies on complaint settlement;
e/ To have his/her infringed lawful rights and interests restored and receive compensations for damage in accordance with law.
2. A complainant has the following obligations:
a/ To truthfully report on the case and provide information and documents to the complaint-settling person; to take responsibility before law for reported contents and provided information and documents;
b/ To abide by legally effective complaint settlement decisions.
Article 155. Rights and obligations of complained persons in criminal judgment execution
1. A complained person has the following rights:
a/ To furnish proof of the lawfulness of his/ her complained criminal judgment execution decision or act:
b/ To receive a document on the settlement of the complaint about his/her criminal judgment execution decision or act.
2. A complained person has the following obligations:
a/ To explain his/her complained criminal judgment execution decision or act. and provide relevant information and documents at the request of competent agencies, organizations and individuals;
b/ To abide by legally effective complaint settlement decisions.
Article 156. Tasks and powers of persons competent to settle complaints in criminal judgment execution
A person competent to settle complaints in criminal judgment execution has the following tasks and powers:
1. To receive and settle complaints about criminal judgment execution decisions or acts:
2. To request complainants and complained persons to give explanations and provide information and documents relevant to the complaints;
3. To notify in writing the acceptance of complaints for settlement and send settlement decisions to complainants:
4. To take responsibility before law for their settlement of complaints.
Article 157. Time limit for settlement of complaints in criminal judgment execution
1. The time limit for settlement of a first-time complaint is 15 days after this complaint is accepted for settlement.
2. The time limit for settlement of a second-lime complaint is 30 days after this complaint is accepted for settlement.
3. The time limit for settlement of a complaint may be prolonged when necessary in complicated cases for 30 days at most after the expiration of the prescribed time limit.
Article 158. Complaints about elaboration of a list of persons proposed to enjoy amnesty and settlement thereof
The lodging of complaints about elaboration of a list of persons proposed to enjoy amnesty and the competence and time limit for settlement of these complaints comply with Articles 32 and 33 of the Law on Amnesty.
Article 159. Receipt and acceptance for settlement of complaints in criminal judgment execution
1. Competent agencies and persons shall receive all complaints in criminal judgment execution. Within 24 hours after receiving complaints lodge by inmates as specified in Clause 8, Article 152 of this Law. wardens of prisons or detention camps and heads of criminal judgment execution agencies of district-level police offices shall promptly forward these complaints to competent procuracies.
2. Within 3 working days after receiving complaints, competent agencies and persons defined in Articles 152 and 153 of this Law and Clause 1 of this Article shall accept them for settlement and notify in writing complainants of the acceptance. In case of refusal to accept a complaint for settlement, they shall reply in writing clearly stating the reason.
Article 160. Dossiers for settlement of complaints in criminal judgment execution
1. A complaint settlement dossier comprises:
a/ Written complaint or written record of complaint details;
b/ Written explanations of the complained person;
c/ Written records of appraisal, verification and conclusion;
d/ Complaint settlement decision; e/ Other related documents.
2. Complaint settlement dossiers shall be numbered and preserved at complaint-settling agencies.
Article 161. Order of settlement of first-time complaints in criminal judgment execution
After accepting a complaint for settlement, a person competent to settle complaints defined in Articles 152 and 153 of this Law shall verify it by requesting the complainant and the complained person to give explanations and provide information and documents relevant to the complaint and meeting concerned agencies, organizations and individuals to clarify complaint details, and issue a first-time complaint settlement decision.
Should, within the statute of limitations prescribed by law. the complainant make no further complaint, the first-time complaint settlement decision will become legally effective for execution.
Article 162. Contents of first-time complaint settlement decisions in criminal judgment execution
A first-time complaint settlement decision must contain the following principal details:
1. Date of issuance;
2. Full names and addresses of the complainant and complained person;
3. Complaint details;
4. Results of verification of complaint details;
5. Legal grounds for the settlement of the complaint;
6. Conclusion that the complaint is totally right, partially right or totally wrong;
7. Upholding, modification, cancellation or request for partial modification or cancellation of the complained decision or forced termination of the execution of the complained decision or complained act;
8. Compensation for damage and remedy of consequences caused by the unlawful decision or act;
9. Guidance on the right of the complainant to lodge further complaints.
Article 163. Procedures for settlement of second-time complaints in criminal judgment execution
1. In case of further lodging a complaint, a complainant shall send a written complaint enclosed with a copy of the first-time complaint settlement decision and relevant documents to a person competent to settle second-time complaints.
2. In the course of second-time complaint settlement, a person competent to settle complaints defined in Articles 152 and 153 of this Law may request the person who has settled the first-time complaint and concerned agencies, organizations and individuals to provide information and documents related to complaint details; summon the complained person and the complainant when necessary; and shall conduct verification and take other measures specified by law to settle the complaint. Upon receiving a request, agencies, organizations and individuals shall comply with such request. Second-time complaint settlement decisions are legally effective for execution.
Article 164. Contents of a second-time complaint settlement decision in criminal judgment decisions
1. Date of issuance.
2. Full names and addresses of the complainant and complained person.
3. Complaint details.
4. Results of verification of complaint details.
5. Legal grounds for the settlement of the complaint.
6. Conclusion on complaint details and the settlement by the person competent to settle the first-time complaint.
7. Upholding, modification, cancellation or request for partial modification or cancellation of the complained decision or forced termination of the execution of the complained decision or complained act; compensation for damage and remedy of consequences caused by the unlawful decision or act.
Section 2. DENUNCIATIONS IN CRIMINAL JUDGMENT EXECUTION AND SETTLEMENT THEREOF
Article 165. Persons with the right to lodge denunciations in criminal judgment execution
Sentenced persons and all citizens may lodge with competent agencies and persons denunciations about illegal acts of any competent persons in criminal judgment execution which cause or threaten to cause damage to the interests of the State and the lawful rights and interests of agencies, organizations or individuals.
Article 166. Rights and obligations of denouncers in criminal judgment execution
1. A denouncer has the following rights:
a/ To lodge written denunciations with or make verbal denunciations to competent agencies or persons;
b/ To request confidentiality of his/her full name, address and writings;
c/ To request notification of denunciation settlement results;
d/ To request protection by a competent agency against intimidation or revenge.
2. A denouncer has the following obligations:
a/ To truthfully present denunciation details;
b/ To clearly indicate his/her full name and address;
c/ To take responsibility before law for untruthful denunciation.
Article 167. Rights and obligations of denounced persons in criminal judgment execution
1. A denounced person has the following rights:
a/ To be notified of denunciation details;
b/ To furnish proof of the untruthfulness of denunciation details:
c/ To have his/her infringed lawful rights and interests and honor restored, to receive compensation for damage caused by an untruthful denunciation;
d/ To request a competent agency, organization or person to handle the person making an untruthful denunciation.
2. A denounced person has the following obligations:
a/ To explain his/her denounced act, and provide relevant information and documents at the request of competent agencies or persons;
b/ To abide by denunciation settlement decisions of competent agencies or persons;
c/ To pay compensation for damage and remedy consequences caused by his/her illegal act.
Article 168. Competence, time limit and procedures for denunciation settlement
1. The competence to settle denunciations is as follows:
a/ Denunciations about illegal acts in criminal judgment execution shall be settled by heads of agencies or organizations which manage denounced persons;
b/ Chairpersons of commune-level People's Committees shall settle denunciations about illegal acts of commune-level police chiefs;
c/ District-level police chiefs shall settle denunciations about illegal acts of heads of criminal judgment execution agencies of district-level police offices;
d/ Chairpersons of district-level People's Committees shall settle denunciations about illegal acts of chairpersons of commune-level People's Committees;
e/ Directors of provincial-level police departments shall settle denunciations about illegal acts of heads of criminal judgment execution agencies of provincial-level police departments;
f/ Military zone commanders and holders of equivalent ranks shall settle denunciations about illegal acts of heads of criminal judgment execution agencies of military zones;
g/ The Minister of Public Security and the Minister of National Defense shall settle denunciations about illegal acts of heads of criminal judgment execution management agencies:
h/ Directors of competent procuracies shall settle denunciations about illegal acts of persons assigned to manage and educate inmates.
2. The time limit for settlement of a denunciation is 60 days after the date of its acceptance. This time limit may be prolonged for settlement of denunciations in complicated cases but must not exceed 90 days.
3. Denunciations about illegal acts showing signs of crime shall be settled under the Criminal Procedure Code.
Article 169. Responsibilities of persons competent to settle denunciations
1. Competent agencies and persons shall, within the ambit of their tasks and powers, receive and settle denunciations in a prompt and lawful manner; strictly handle violators; take necessary measures to prevent damage; and assure that their settlement decisions are strictly executed and take responsibility before law for their decisions.
2. Persons competent to settle denunciations who fail to settle denunciations or lack responsibility in settling denunciations or unlawfully settle denunciations shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability. If causing damage, they shall pay compensations under law.
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