Amendment of the authority to resolve complaints in the People's Public Security

(Chinhphu.vn) - The Government issued Decree No. 224/2025/ND-CP dated August 14, 2025 amending and supplementing Article 5 of Decree No. 22/2019/ND-CP dated February 25, 2019 of the Government regulating denunciations and handling of denunciations in the People's Public Security.

Amendment of the authority to resolve complaints in the People's Public Security.

Article 5 of Decree No. 22/2019/ND-CP of the Government stipulates the authority to resolve denunciations of violations of the law in the performance of duties and public services in the People's Public Security. Accordingly, the Chief of Ward Police, Chief of Police Station, Chief of Police Station, Chief of Town Police, Chief of Commune Police under the People's Public Security force (collectively referred to as Commune-level Police Chief) shall resolve denunciations against police officers and soldiers under their direct management, except for Deputy Commune-level Police Chiefs.

The Chief of the District, Town, City Police, and City Police under a province or a city under a centrally-run city (collectively referred to as the Chief of the District Police) resolves denunciations against the Chief of the Commune Police, Deputy Chief of the Commune Police, and officers and soldiers from Team Leader and below, except for cases under the jurisdiction of the Chief of the Commune Police; resolves denunciations against commune-level Police units and teams under their direct management.

The Director of the Provincial Police Department resolves complaints against the Head of Department, Deputy Head of Department, Head, Deputy Head of units equivalent to the Department level of the Provincial Police Department, the Head of District Police Department, Deputy Head of District Police Department; resolves complaints against district-level Police units, department-level police units and equivalent units directly managed by the Provincial Police Department.

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 consists of 3 levels: Ministry of Public Security, Provincial Public Security and Commune-level Public Security (no District-level Public Security). Therefore, some regulations on the authority to resolve denunciations in the People's Public Security are no longer appropriate and need to be amended and supplemented to suit the current organizational structure of the Ministry of Public Security.

According to the provisions of Clause 1, Article 12 of the 2018 Law on Denunciation, amended and supplemented in 2020: "Denunciations of violations of the law in the performance of duties and public duties by cadres, civil servants and public employees shall be resolved by the head of the agency or organization with the authority to manage such cadres, civil servants and public employees; denunciations of violations of the law in the performance of duties and public duties by the head or deputy head of an agency or organization shall be resolved by the head of the agency or organization directly superior to that agency or organization". Therefore, when there is no longer a district-level police, the authority to resolve denunciations of the District-level Police Chief (previously) against the Commune-level Police Chief, Deputy Commune-level Police Chief and Commune-level Police must be stipulated by the Provincial-level Police Director. At the same time, abolish the provision that the Provincial-level Police Director resolves denunciations against the District-level Police Chief, Deputy District-level Police Chief and District-level Police.

Based on the above, to implement the plan to decentralize the handling of denunciations in the People's Public Security, the Government issued Decree No. 224/2025/ND-CP dated August 14, 2025 amending and supplementing Article 5 of Decree No. 22/2019/ND-CP dated February 25, 2019.

Specifically, Decree No. 224/2025/ND-CP abolishes Clause 2, Article 5 on the authority to resolve complaints of the District Police Chief.

Authority to resolve complaints of the Commune Police Chief

Decree No. 224/2025/ND-CP amends Clause 1, Article 5 of Decree No. 22/2019/ND-CP on the authority to resolve denunciations of the Commune-level Police Chief as follows: Commune-level Police Chief, Ward Police Chief, Special Zone Police Chief (collectively referred to as Commune-level Police Chief), Police Station Chief and equivalent resolve denunciations against police officers and soldiers under their direct management, except for Deputy Commune-level Police Chiefs, Deputy Police Station Chiefs and equivalent; resolve denunciations against Teams under their direct management.

Authority to resolve complaints of the Provincial Police Director

At the same time, Decree No. 224/2025/ND-CP amends and supplements Clause 4, Article 5, stipulating the authority to resolve denunciations of the Director of Provincial Public Security as follows: The Director of Provincial Public Security resolves denunciations against the Head of Department, Deputy Head of Department, Head, Deputy Head of unit equivalent to the Department level of the Provincial Public Security, Head of Commune-level Public Security, Deputy Head of Commune-level Public Security, Head of Police Station, Deputy Head of Police Station and equivalent; resolves denunciations against units under direct management.

Handling of denunciations falls under the authority of the Head of a subordinate police unit when there is reason to believe that the handling of denunciations has seriously violated the law or shows signs of being biased.

Decree 224/2025/ND-CP also amends Clause 11, Article 5 as follows: The person with the authority to resolve denunciations in the People's Public Security as prescribed in Clauses 4, 5, 6 of this Article ( Director of provincial-level public security; Director, Head of a unit equivalent to a department under a ministerial agency; Minister ) shall resolve denunciations under the authority of the Head of the directly subordinate Public Security agency or unit when there is reason to believe that the resolution of the denunciation has a serious violation of the law or shows signs of being non-objective. The basis for determining a serious violation of the law or signs of being non-objective in the resolution of denunciations is prescribed in the Decree detailing a number of articles and measures for organizing the implementation of the Law on Denunciations.

Thus, according to the new regulation, the person with the authority to resolve denunciations specified in Clause 3, Article 5 of Decree No. 22/2019/ND-CP does not have the authority to resolve denunciations under the authority of the Head of the directly subordinate Public Security agency or unit when there is reason to believe that the resolution of the denunciation has seriously violated the law or has signs of being non-objective. This regulation is because Clause 1, Article 5 has removed the Chief of the Public Security Station with the authority to resolve denunciations and the Team Leader at the Team level and equivalent at the Department level, units equivalent to the Department level (under the Provincial Public Security and units under the Ministry), Prisons, Compulsory Education Facilities, and Reformatory Schools from having the authority to resolve denunciations.

The above regulation takes effect from August 14, 2025.

Phuong Nhi

Source: https://baochinhphu.vn/sua-doi-tham-quyen-giai-quyet-to-cao-trong-cong-an-nhan-dan-10225081512141386.htm