Chương IX Luật thi hành tạm giữ, tạm giam 2015: Khiếu nại, tố cáo và giải quyết khiếu nại, tố cáo trong quản lý, thi hành tạm giữ, tạm giam

Chapter IX

COMPLAINT, DENUNCIATION AND SETTLEMENT OF COMPLAINT AND DENUNCIATION IN MANAGEMENT AND EXECUTION OF TEMPORARY DETENTION OR CUSTODY

Section 1. COMPLAINT AND SETTLEMENT OF COMPLAINT IN MANAGEMENT AND EXECUTION OF TEMPORARY DETENTION OR CUSTODY

Article 44. Complaint in management and execution of temporary detention or custody

1. The persons held in temporary detention or custody and other relevant bodies, organizations and individuals have the right to lodge complaint about decisions and acts of the bodies and persons having the authority in management and execution of temporary detention or custody if there are the grounds that such decisions and acts have infringed their legitimate rights and interests.

2. The first statute of limitations is 30 days from the day of receiving or knowing the decisions or acts in management and execution of temporary detention or custody the complainant think they violate the law.

In case of sickness, natural disaster, business travel or study in remote areas or due to other objective difficulties that make it difficult for the the complainant to do their rights of complaint in line with the statute of limitations. Therefore, the period of time with such obstacles shall not be included in the statute of limitations of complaint.

The next statute of limitations is 15 days after receiving the decision on complaint settlement from the competent person.

Article 45. Cases of complaint about management and execution of temporary detention or custody which cannot be handled and settled

1. The decisions and acts complained are not directly related to the complainant’s legitimate rights and interests.

2. The complainants do not have adequate capacity and civil acts and legal representative, except that the complainants are the persons held in temporary detention or custody.

3. The representatives do not have papers evidencing their legal representation.

4. The statute of limitations is over.

5. The complaints already have complaint settlement decisions with legal effect.

Article 46. Authority to settle complaints in management and execution of temporary detention and custody

1. The Head of district People’s Procuracy, Head of provincial People’s Procuracy, Head of military Procuracy of area and Head of military Procuracy of military zone and the equivalent shall settle the complaints about the illegal decisions and acts in management and execution of temporary detention and custody from the competent body and person under their control and supervision responsibility.

The Head of superior People’s Procuracy has the authority to settle the complaints about the complaint settlement of the Head of inferior People’s Procuracy; the decision on complaint settlement of the Head of superior People’s Procuracy is the decision with legal effect.

2. When the bodies and persons having the authority in management and execution of temporary detention and custody receive the complaint petition specified in Article 44 of this Law, they have to transfer the complaint of the persons held in detention or custody to the People’s Procuracy within 24 hours after receiving the such complaints.

Article 47. Rights and obligations of complainants in management and execution of temporary detention and custody

1. The complainants have the following rights:

a) Lodge a complaint by themselves or through their legal representatives for complaint; the complainant can make a complaint directly or send the complaint petition through the body or person having the authority in management and execution of temporary detention and custody;

b) Withdraw their complaints in any time of the process of complaint settlement;

c) Receive the decision on complaint settlement;

d) Continue their complaints in case of not disagreement with the first complaint settlement decision;

dd) Their infringed legitimate rights and interests are restored and their damages are compensated in accordance with regulations of law.

2. The complainants have the following obligations:

a) Truthfully present the case, provide information and documents for the persons handling their complaints and take responsibility before law for the presented contents and the provision of such information and documents;

b) Comply with the decision on complaint settlement with legal effect.

Article 48. Rights and obligations of complainees in management and execution of temporary detention and custody

1. The complainees have the following rights:

a) Provide evidence of legality of the complained decisions and acts in management and execution of temporary detention and custody;

b) Receive the complaint settlement decisions on their acts and decisions in management and execution of temporary detention and custody.

2. The complainees have the following obligations:

a) Explain about their acts and decisions in management and execution of temporary detention and custody which have been complained; provide relevant information and documents upon requirements from the competent bodies and persons;

b) Comply with the complaint settlement decisions with legal effect.

Article 49. Duties and power of the People’s Procuracy upon complaint settlement in management and execution of temporary detention and custody

1. Receives and settles the complaints about the complained decisions and acts.

2. Requires the complainants and complainees to explain and provide information and documents related to the complaints.

3. Informs in writing of complaint handling and sends the complaint settlement decision to the complainants and complainees.

4. Take responsibility before law concerning its complaint settlement.

Article 50. Time limit for settlement of complaint and sending of complaint settlement decision in management and execution of temporary detention and custody

1. The time limit for first complaint settlement in management and execution of temporary detention is 02 days and 05 days for management and execution of temporary custody from the date of handling of complaint.

2. The time limit for second complaint settlement in management and execution of temporary detention is 03 days and 10 days for management and execution of temporary custody from the date of handling of complaint.

3. In case of necessity, for the complex cases, the time limit for complaint settlement may last but must not exceed 05 days in management and execution of temporary detention and 20 days in management and execution of temporary custody from the expiry date of complaint settlement.

4. Within 24 hours after the complaint settlement decisions, the person issuing the complaint settlement decisions must send such decision to the complainants and complainees.

Article 51. Dossier for complaint settlement in management and execution of temporary detention and custody

1. The dossier for complaint settlement includes:

a) Complaint petition or document recording the complaint contents;

b) Written explanation of the complainee;

c) Record of verification and conclusion;

d) Complaint settlement decisions;

dd) Other relevant documents.

2. The pages of dossier for complaint settlement must be numbered and the dossiers shall be stored at the body settling the complaints.

Article 52. Order of first complaint settlement in management and execution of temporary detention and custody

1. After handling the complaints, the Procuracy having the authority to settle the complaints for the first time shall conduct the verification and require the complainants and the complainees to explain and provide information and documents related to the complaints; work with the relevant bodies, organizations and individuals to clarify the complaint contents and issue the first complaint settlement decision.

2. The first complaint settlement decision shall take legal effect if the complainant shall not make further complaint.

Article 53. Contents of first complaint settlement decision in management and execution of temporary detention and custody

The first complaint settlement decision must include the following contents:

1. Name of body, date of decision;

2. Full name and address of the complainant and the complainee;

3. Content of complaint;

4. Verification result of complaint content;

5. Legal grounds for complaint settlement;

6. Conclusion of complaint is correct, partially correct or wrong;

7. Keep integrity, cancel or require the modification or cancel a part of complained decision or force termination of compliance with the complained decisions or acts.

8. Compensation for damages and remedy of consequences caused by such illegal decisions and acts;

9. Instruction on rights to make further complaints of the persons concerned.

Article 54. Procedures for second complaint settlement in management and execution of temporary detention and custody

1. In case of futher complaint, the complainants must send their petition with the copy of the first complaint settlement decision and other relevant documents to the Procuracy having the authority to settle the second complaint.

2. During the process of complaint settlement, the Procuracy having the authority to settle the second complaint has the right to request the Procuracy which has settled the first complaint and the relevant bodies, organizations and individuals to provide the information and documents related to the complaint contents; work with the complainees and complainants when necessary; verify and take other measures in accordance with regulations of law for complaint settlement. When the bodies, organizations and individuals receive the requirements, they must follow such requirements. The second complaint settlement decision shall take legal effect.

Article 55. Content of second complaint settlement decision in management and execution of temporary detention and custody

The second complaint settlement decision must include the following contents:

1. Name of body, date of decision;

2. Full name and address of the complainant and the complainee;

3. Content of complaint;

4. Verification result of complaint content;

5. Legal grounds for complaint settlement;

6. Conclusion of complaint content and settlement of person having the authority to settle the complaint the first time.

7. Keep integrity, cancel or require the modification or cancel a part of complained decision or force termination of compliance with the complained decisions or acts.

8. Compensation for damages and remedy of consequences caused by such illegal decisions and acts;

Section 2. DENUNCIATION AND SETTLEMENT OF DENUNCIATION IN MANAGEMENT AND EXECUTION OF TEMPORARY DETENTION AND CUSTODY

Article 56. Denunciation in management and execution of temporary detention and custody

1. The persons held in temporary detention and custody and anyone have the right to denounce the illegal acts of any competent person in management and execution of temporary detention and custody causing damages or threatening to cause damages to the interests of the State and legitimate rights and interests of bodies, organizations and individuals.

2. The bodies and persons having the authority in management and execution of temporary detention and custody must transfer the denunciation to the Procuracy at the same level within 24 hours after receiving it.

Article 57. Rights and obligations of denouncer in management and execution of temporary detention and custody

1. The denouncer has the following rights:

a) Sends petition or directly makes denunciation to the competent body or person;

b) Requests to keep secret his/her name, address and autograph;

c) Requests to be informed of result of denunciation settlement;

d) Requests the competent bodies to protect upon being threatened or revenged.

2. The denouncer has the following obligations:

a) Truthfully presents the denunciation contents;

b) Specifies full name and address;

c) Take responsibility before law for making false denunciation.

Article 58. Rights and obligations of denounced persons in management and execution of temporary detention and custody

1. The denounced persons have the following rights:

a) Being informed of the denunciation contents;

b) Show evidence to demonstrate the denunciation contents are not true;

c) Their infringed legitimate rights and interests, honor and dignity are restored and compensated due to improper denunciation;

d) Request the competent bodies, organizations or individuals to handle the persons making false denunciation.

2. The denounced persons have the following obligations:

a) Explain about their acts of denunciation; provide relevant information and documents upon requirement from the competent bodies or persons;

b) Comply with the denunciation settlement decision of the competent bodies or persons;

c) Make compensation for damages and remedy consequences due to their illegal acts.

Article 59. Dossier for denunciation settlement in management and execution of temporary detention and custody

1. The denunciation settlement must be documented. The dossier for denunciation settlement includes:

a) Denunciation petition or document recordding the denunciation contents;

b) Decision on handling the denunciation settlement;

c) Verification record, assessment result, information, documents and evidence collected during the course of settlement.

d) Written explanation of the denounced person;

dd) Report on result of verification of denunciation contents where the person handling the denunciation assigns the others to conduct the verification;

e) Conclusion of denunciation contents;

g) Handling decision;

h) Other relevant documents.

2. The pages of dossier for denunciation settlement must be numbered in order of documents. The storage and use of dossier for denunciation settlement shall comply with regulations of law and ensure no disclosure of information about the denouncer.

Article 60. Authority, procedures and time limit for denunciation settlement

1. The authority and procedures for denunciation settlement of the People’s Procuracy shall comply with the provisions in Clause 4, Article 23 and 29 of the Law on organization of People’s Procuracy.

2. The time limit for denunciation settlement is 60 days from the date of handling; for complex cases, the time limit may be longer but must not exceed 90 days.

3. The denunciation of illegal acts with criminal signs shall be settled in accordance with the provisions of the Criminal Procedure Code.

Article 61. Responsibility of the persons having the authority to settle denunciation

1. The bodies and persons having the authority within their duties and power must receive and settle in a timely manner and in accordance with the laws; strictly handle the violators; take necessary measures to prevent damages which can occur; ensure the settlement decisions must be properly followed and they must take responsibility before law for their decisions.

2. The persons having the authority to settle the denunciations but fail to do so or lack responsibility in settlement or conduct the illegal settlement, depending on the nature and seriousness of violation, they shall be disciplined or prosecuted for criminal liability or make compensation in accordance with regulations of law.