The Government has just issued Decree No. 224/2025/ND-CP dated August 14 amending and supplementing Article 5 of Decree No. 22/2019/ND-CP dated February 25, 2019 of the Government regulating denunciations and settlement of denunciations in the People's Public Security.
On February 18, 2025, the Government issued Decree No. 02/2025/ND-CP stipulating the functions, tasks, powers and organizational structure of the Ministry of Public Security, accordingly, the organizational structure of the Ministry of Public Security includes 3 levels: the Ministry of Public Security, the Provincial Police and the Commune-level Police (no district-level Police are arranged).
Therefore, some regulations on the authority to resolve complaints in the People's Public Security are no longer suitable, and need to be amended and supplemented to comply with the current organizational structure of the Ministry of Public Security.
Decree No. 224/2025/ND-CP amends Clause 1, Article 5 of Decree No. 22/2019/ND-CP on the authority to resolve complaints of commune-level police chiefs as follows:
The Chief of Commune Police, the Chief of Ward Police, the Chief of Special Police (collectively referred to as the Chief of Commune Police), the Chief of Police Station and equivalent shall resolve complaints against police officers and soldiers under their direct management, except for the Deputy Chief of Commune Police, Deputy Chief of Police Station and equivalent; resolve complaints against the Teams under their direct management.
At the same time, Decree No. 224/2025/ND-CP amending and supplementing Clause 4, Article 5 stipulates the authority to resolve complaints of the Provincial Police Director as follows:
The Director of the Provincial Police Department resolves the complaint against the Department Head, Deputy Department Head, Head, Deputy Head of the equivalent department-level unit under the Provincial Police Department, Head of the Commune-level Police Department, Deputy Chief of the Commune-level Police Department, Head of the Police Station, Deputy Head of the Police Station and equivalent; resolves the complaint against the unit under direct management.
Decree 224/2025/ND-CP also amends Clause 11, Article 5 as follows: The competent person to resolve complaints in the People's Public Security as prescribed in Clauses 4, 5, and 6 of this Article (Director of the provincial public security; Director, Head of a unit equivalent to a department under a ministerial agency; Minister) resolves a complaint under the authority of the Head of a directly superior public security agency or unit when there is a basis to believe that the complaint settlement has serious violations of the law or shows signs of being un objective.
Based on the determination of serious violations of the law, showing signs of being un obstructive in handling denunciations according to the provisions of the Decree detailing a number of articles and measures to organize the implementation of the Law on Reprimand.
According to the new regulation, the person with the authority to resolve the complaint specified in Clause 3, Article 5 of Decree No. 22/2019/ND-CP does not have the authority to resolve the complaint under the authority of the Head of the agency or unit under the direct superior police when there is a basis to believe that the complaint settlement has serious violations of the law or shows un obstructive signs.
This regulation is due to Clause 1, Article 5 removing the Head of the Police Station with the authority to resolve the complaint and the Team Captain and equivalent under the Department level, the unit equivalent to the Department level (under the Provincial Police and the unit under the Ministry), the Prison, the Compulsory Education Facility, and the School without the authority to resolve the complaint.
The above regulation takes effect from August 14, 2025.
