Luật tiếp công dân 2013 số 42/2013/QH13

THE NATIONAL ASSEMBLY --------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
Law No: 42/2013/QH13	Hanoi, 25 November 2013

 

LAW

ON RECEPTION OF CITIZENS

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Reception of Citizens.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Law prescribes the responsibility for receiving citizens; rights and obligations of persons making complaints, denunciations, petitions and reports; the organization of citizen reception activities at citizen reception offices and citizen reception places of agencies, organizations and units, and conditions to ensure citizen reception activities.

2. The reception of representatives of agencies or organizations making complaints, petitions or reports and reception of foreigners making complaints, denunciations, petitions or reports are the same as citizen reception.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Citizen reception means the reception by an agency or organization or a unit or person provided in Article 4 of this Law of a citizen to listen to and receive his/her complaint, denunciation, petition or report and gives him/her explanations and instructions on making complaints, denunciations, petitions or reports in accordance with law.

Citizen reception includes regular, periodical and irregular receptions of citizens.

2. Petition or report means a citizen’s provision of information, presentation of opinions and expectations, or suggestion of solutions to a competent agency, organization, unit or person regarding matters related to the implementation of guidelines, policies and laws and management work in all fields of social life under the responsibility of that agency, organization, unit or person.

3. Citizen reception places include citizen reception offices, citizen reception places or other places arranged by agencies, organizations or units responsible for citizen reception, which must be publicly notified or notified in advance to received persons.

Article 3. Principles of citizen reception

1. Citizen reception must be conducted at citizen reception places of agencies, organizations or units.

2. Citizen reception must ensure publicity, democracy and timeliness; simple and convenient formalities; confidentiality and safety for denunciators in accordance with law; objectivity, equality and non-discrimination.

3. Respect and facilitation for citizens to make complaints, denunciations, petitions and reports in accordance with law.

Article 4. Responsibility for citizen reception

1. State agencies responsible for receiving citizens include:

a/ The Government;

b/ Ministries, ministerial-level agencies; directorates and equivalent organizations; state management departments;

c/ People’s Committees of all levels;

d/ Specialized agencies of provincial-level People’s Committees; specialized agencies of district-level People’s Committees;

dd/ Agencies of the National Assembly;

e/ People’s Councils of all levels;

g/ People’s Courts, People’s Procuracies and State Audit Offices.

2. National Assembly deputies and deputies of People’s Councils of all levels shall receive citizens in accordance with this Law and other relevant legal documents.

3. Within the ambit of their functions, tasks and powers, political organizations, the Vietnam Fatherland Front Committee, socio-political organizations, government-attached agencies and public non-business units shall receive citizens in conformity with the requirements, scope and characteristics of their operations.

Pursuant to this Law, central agencies of political organizations, the Vietnam Fatherland Front Committee and socio-political organizations shall prescribe citizen reception at agencies and organizations within their systems. The Government shall prescribe citizen reception at government-attached agencies and public non-business units.

Article 5. Management of citizen reception work

1. The Government shall uniformly perform the state management of citizen reception work; and directly manage citizen reception work of state administrative agencies at central and local levels.

The Government Inspectorate shall take responsibility before the Government for performing the state management of citizen reception work.

Ministries, ministerial-level agencies and People’s Committees of all levels shall manage citizen reception work within the ambit of their tasks and powers.

2. The National Assembly Standing Committee shall direct, regulate and coordinate the organization of citizen reception activities of National Assembly agencies and deputies.

Within the ambit of their tasks and powers, the Supreme People’s Court, the Supreme People’s Procuracy and the State Audit Office shall organize and manage citizen reception work of People’s Courts, People’s Procuracies of all levels, and units of the State Audit Office respectively.

The agencies specified in this Clause shall periodically review and report on results of citizen reception under their management to the Government for summarization and reporting to the National Assembly.

Article 6. Prohibited acts

1. Harassing, troubling or obstructing persons making complaints, denunciations, petitions or reports.

2. Showing irresponsibility in receiving citizens; losing or distorting information or documents provided by persons making complaints, denunciations, petitions or reports.

3. Showing discrimination when receiving citizens.

4. Taking advantage of the rights to complain, denounce, petition and report in order to cause public disorder.

5. Distorting or slandering, causing damage to agencies, organizations, units or individuals.

6. Intimidating or offending citizen reception agencies, organizations, units or officers or other officials on duty.

7. Inciting, forcing, inducing, dragging or bribing others to crowd at citizen reception places.

8. Violating other rules and regulations on citizen reception.

Chapter II

RIGHTS AND OBLIGATIONS OF PERSONS MAKING COMPLAINTS, DENUNCIATIONS, PETITIONS OR REPORTS; RESPONSIBLITIES OF CITIZEN RECEPTION OFFICERS

Article 7. Rights and obligations of persons making complaints, denunciations, petitions or reports

1. When entering a citizen reception place, a person making a complaint, denunciation, petition or report has the following rights:

a/ To present his/her complaint, denunciation, petition or report;

b/ To receive instructions and explanations about contents related to his/her complaint, denunciation, petition or report;

c/ To complain about or denounce illegal acts of the citizen reception officer;

d/ To receive a notice of the receipt and results of settlement of his/her complaint, denunciation, petition or report;

dd/ To use an interpreter in case he/she is not proficient in Vietnamese;

e/ Other rights in accordance with the law on complaints and denunciations.

2. When entering a citizen reception place, a person making a complaint, denunciation, petition or report has the following obligations:

a/ To state his/her full name and address or produce his/her personal identity paper or letter of authorization (if any);

b/ To show proper attitude toward and respect for the citizen reception officer;

c/ To truthfully present the matter and provide information and documents related to his/her complaint, denunciation, petition or report; to sign or press his/her fingerprint to certify the presented contents recorded by the citizen reception officer;

d/ To strictly observe the rules on citizen reception and instructions of the citizen reception officer;

dd/ In case many persons make complaints, denunciations, petitions or reports on the same matter, they shall appoint a representative to present their complaints, denunciations, petitions or reports;

e/ To take responsibility before law for his/her complaint or denunciation.

Article 8. Responsibilities of a citizen reception officer

1. When receiving citizens, to be properly dressed and wear the civil servant or public employee card or badge under regulations.

2. To request persons making complaints, denunciations, petitions or reports to state their full names and addresses or produce their personal identity papers and letters of authorization (if any); clearly present their complaints, denunciations, petitions or reports in writing or verbally; and provide information and documents necessary for receiving and processing the matter.

3. To show proper attitude toward and respect for citizens, to listen to and receive written complaints, denunciations, petitions or reports, or fully and precisely record the contents of the presented complaints, denunciations, petitions or reports.

4. To give explanations and instructions for persons making complaints, denunciations, petitions or reports to observe guidelines, policies, laws, conclusions and legally effective settlement decisions of competent agencies; to refer persons making complaints, denunciations, petitions or reports to agencies or persons competent to settle their complaints, denunciations, petitions or reports.

5. To directly process or classify, forward or submit to competent persons for settlement complaints, denunciations, petitions or reports; to notify results of settlement of complaints, denunciations, petitions or reports to citizens.

6. To request violators of the rules of the citizen reception place to terminate their violations; when necessary, to make records of violations and request functional agencies to handle violations in accordance with law.

Article 9. Cases of refusal of citizen reception

A citizen reception officer may refuse to receive a person at a citizen reception place when:

1. That person is drunk due to the use of stimulants or suffers a mental illness or another disease which deprives him/her of the capacity to perceive or control his/her acts.

2. That person intimidates or offends the citizen reception agency, organization, unit or officer or other officials on duty, or violates the rules of the citizen reception place.

3. That person makes a complaint or denunciation about a case which has been settled properly in accordance with policies and law and examined, reviewed and notified in writing by competent state agencies and he/she has been received and provided with explanations and instructions but deliberately makes the complaint or denunciation to prolong the case.

4. Other cases as prescribed by law.

Chapter III

CITIZEN RECEPTION AT CENTRAL, PROVINCIAL- AND DISTRICT-LEVEL CITIZEN RECEPTION OFFICES; CITIZEN RECEPTION AT COMMUNAL LEVEL

Article 10. Citizen reception offices

1. A citizen reception office is a place where citizens may directly come to make complaints, denunciations, petitions or reports to leaders of the Party and the State at central or local level, where representatives of a number of central or local agencies and organizations regularly participate in citizen reception and where leaders of the Party and the State at central or local level receive in person citizens in necessary cases.

2. Citizen reception offices include:

a/ Central citizen reception offices;

b/ Citizen reception offices in provinces and centrally run cities (below referred to as provincial-level citizen reception offices);

c/ Citizen reception offices in urban and rural districts and provincial cities and towns (below referred to as district-level citizen reception offices).

3. Citizen reception boards shall be formed to directly manage citizen reception offices at each level and coordinate with representatives of concerned agencies and organizations in regularly receiving citizens at citizen reception offices, and shall perform the following tasks and powers:

a/ To organize the reception of citizens making complaints, denunciations, petitions or reports at citizen reception offices;

b/ To give explanations and instructions for citizens to make complaints, denunciations, petitions or reports in accordance with law;

c/ To classify and process complaints, denunciations, petitions or reports received at citizen reception offices; to forward those which fall outside the scope and responsibility of settlement of the agencies or organizations that regularly participate in receiving citizens at citizen reception offices;

d/ To monitor and urge competent agencies, organizations and units to handle, and reply on the settlement of, complaints, denunciations, petitions or reports forwarded by citizen reception boards;

dd/ To review the situation and results of citizen reception work at citizen reception offices; to periodically and irregularly report them to competent agencies and organizations.

4. Agencies and organizations that participate in receiving citizens at citizen reception offices shall send their representatives to regularly participate in receiving citizens at citizen reception offices to receive complaints, denunciations, petitions and reports under their responsibilities.

5. The Government shall detail the tasks, powers and organizational structures of citizen reception boards; and the arrangement of physical foundations of citizen reception offices; and issue the regulation on coordination of citizen reception activities at citizen reception offices.

Article 11. Citizen reception at central citizen reception offices

1. Central citizen reception offices shall be based in Hanoi and Ho Chi Minh City for receiving citizens who make complaints, denunciations, petitions or reports to the central agencies of the Party, the President and agencies of the National Assembly and the Government.

2. The central citizen reception board is under the Government Inspectorate and shall directly manage central citizen reception offices.

3. The Party Central Committee Office, the Inspection Commission and Internal Affairs Commission of the Party Central Committee, the President Office, the Government Office, and the People’s Aspirations Board of the National Assembly Standing Committee shall appoint their representatives to coordinate with the central citizen reception board in regularly receiving citizens at central citizen reception offices.

4. The scope of receiving and handling complaints, denunciations, petitions and reports at central citizen reception offices is prescribed as follows:

a/ Representatives of the Party Central Committee Office shall receive and handle petitions and reports on the line and policies of the Party; and complaints and denunciations about party building work and other matters within the tasks and powers of the central party commissions, except the matters specified at Points b and c of this Clause;

b/ Representatives of the Party Central Committee’s Inspection Commission shall receive and handle petitions and reports related to the functions, tasks and powers of the party inspection commissions of all levels; and complaints and denunciations about matters related to party discipline, qualities of officials and party members, and activities within party organizations falling under the competence of the Party Central Committee’s Inspection Commission;

c/ Representatives of the Party Central Committee’s Internal Affairs Commission shall receive and handle petitions and reports related to the functions, tasks and powers of the internal affairs commissions of all levels; and complaints and denunciations about internal affairs and corruption prevention and control;

d/ Representatives of the People’s Aspirations Board of the National Assembly Standing Committee shall receive and handle complaints, denunciations, petitions and reports addressed to the National Assembly Chairperson and National Assembly agencies;

dd/ Representatives of the President Office shall receive and handle complaints, denunciations, petitions and reports related to the functions, tasks and powers of the President;

e/ Representatives of the Government Office shall receive and handle complaints, denunciations, petitions and reports related to the guidelines, policies and decisions of the Government and the Prime Minister, and to the responsibilities of multiple ministries and sectors;

g/ The central citizen reception board shall receive and handle complaints, denunciations, petitions and reports other than those specified at Points a, b, c, d, dd and e of this Clause.

5. The Government General Inspector and Chairperson of the Government Office shall receive in person citizens at central citizen reception offices at least 1 day a month and irregularly receive citizens in the cases specified in Clause 3, Article 18 of this Law.

6. The Government General Inspector shall issue rules on citizen reception at central citizen reception offices.

Article 12. Citizen reception at provincial-level citizen reception offices

1. The provincial-level citizen reception office shall be organized in every province or centrally run city for receiving citizens who make complaints, denunciations, petitions or reports to the provincial or municipal Party Committee (below referred to as provincial-level Party Committee), National Assembly deputy delegation and provincial-level People’s Council and People’s Committee.

2. The provincial-level citizen reception board shall be established by the provincial-level People’s Committee, under the provincial-level People’s Committee Office and led by a Deputy Chief of the Office, and shall directly manage the provincial-level citizen reception office.

3. The Office, the Inspection Board and the Internal Affairs Board of the provincial-level Party Committee, the Office of the National Assembly deputy delegation and the provincial-level People’s Council shall send their representatives to coordinate with the provincial-level citizen reception board in regularly receiving citizens at the provincial-level citizen reception office.

4. The scope of receiving and handling complaints, denunciations, petitions and reports at the provincial-level citizen reception office is prescribed as follows:

a/ Representatives of the provincial-level Party Committee Office shall receive and handle petitions and reports on the line and policies of the Party; and complaints and denunciations about party building work and other matters related to the tasks and powers of the provincial-level Party Committee;

b/ Representatives of the Inspection Board of the provincial-level Party Committee shall receive and handle petitions and reports related to the functions, tasks and powers of the Inspection Boards of the Party Committees of the provincial and lower levels; and complaints and denunciations about matters related to party discipline, qualities of officials and party members, and activities within Party organizations falling under the competence of the Inspection Board of the provincial-level Party Committee;

c/ Representatives of the provincial-level Internal Affairs Board shall receive and handle petitions and reports related to the functions, tasks and powers of the provincial-level Internal Affairs Board; and complaints and denunciations about internal affairs and corruption prevention and control falling under the competence of the provincial-level Internal Affairs Board;

d/ Representatives of the Office of the National Assembly deputy delegation and the People’s Council shall receive citizens making complaints, denunciations, petitions or reports to National Assembly deputies of the local National Assembly deputy delegation and the provincial-level People’s Council related to the performance of the tasks and powers of the National Assembly and the People’s Council;

dd/ The provincial-level citizen reception board shall receive and handle complaints, denunciations, petitions and reports related to responsibilities of the provincial-level People’s Committee and its chairperson, matters to be reported to the provincial-level People’s Committee chairperson for direction; matters on the guidelines and decisions of the provincial-level People’s Committee; and complaints, denunciations, petitions and reports other than those specified at Points a, b, c and d of this Clause.

5. The provincial-level People’s Committee chairperson shall receive in person citizens at the provincial-level citizen reception office at least 1 day a month and irregularly receive citizens in the cases specified in Clause 3, Article 18 of this Law.

6. The provincial-level People’s Committee chairperson shall issue rules on citizen reception at the provincial-level citizen reception office.

Article 13. Citizen reception at district-level citizen reception offices

1. The district-level citizen reception office shall be established in every rural district, urban district, provincial town and provincial city for receiving citizens making complaints, denunciations, petitions or reports to the district-level Party Committee, People’s Council and People’s Committee.

2. The district-level citizen reception board shall be established by the district-level People’s Committee, under the Office of the district-level People’s Council and People’s Committee, and led by a Deputy Chief of the Office, and shall directly manage the district-level citizen reception office.

3. The Office and Inspection Board of the district-level Party Committee shall send representatives to coordinate with the district-level citizen reception board in regularly receiving citizens at the district-level citizen reception office.

4. The scope of receiving and handling complaints, denunciations, petitions and reports at the district-level citizen reception office is prescribed as follows:

a/ Representatives of the district-level Party Committee Office shall receive and handle petitions and reports on the line and policies of the Party; and complaints and denunciations about party building work falling within the competence of the district-level Party Committee;

b/ Representatives of the Inspection Board of the district-level Party Committee shall receive and handle petitions and reports related to the functions, tasks and powers of the Inspection Boards of the Party Committees of district and lower levels; and complaints and denunciations about matters related to party discipline, qualities of officials and party members, and activities within Party organizations falling under the competence of the Inspection Board of the district-level Party Committee;

c/ The district-level citizen reception board shall receive and handle complaints, denunciations, petitions and reports related to the performance of the tasks and powers of the district-level People’s Council; responsibilities of the district-level People’s Committee and its chairperson, matters to be reported to the district-level People’s Committee chairperson for direction; matters on guidelines and decisions of the district-level People’s Committee, and complaints, denunciations, petitions and reports other than those specified at Points a and b of this Clause.

5. The district-level People’s Committee chairperson shall receive in person citizens at the district-level citizen reception office at least 2 days a month and irregularly receive citizens in the cases specified in Clause 3, Article 18 of this Law.

6. The provincial-level People’s Committee chairperson shall issue rules on citizen reception at the district-level citizen reception office.

Article 14. Tasks and powers the head of a citizen reception board

1. To manage and administer activities at the citizen reception office; to administer and assess the task performance of citizen reception officers of agencies and organizations regularly participating in receiving citizens at the citizen reception office.

2. To assign civil servants to regularly receive citizens at the citizen reception office.

3. To assume the prime responsibility for, and coordinate with representatives of agencies and organizations participating in regularly receiving citizens at the citizen reception office, and other concerned agencies and organizations in, preparing the citizen reception by leaders of central, provincial- and district-level party and state agencies, National Assembly deputies and People’s Council deputies.

4. To request or propose related agencies, organizations and units to send responsible persons to the citizen reception office for participation in receiving citizens in complicated or other necessary cases.

5. To request or propose competent agencies, organizations, units or persons to handle violators of the law on citizen reception or rules and regulations on citizen reception.

Article 15. Citizen reception in communes, wards and townships

1. Citizen reception by the Party Committees, People’s Councils and People’s Committees of communes, wards or townships shall be conducted at the offices of the People’s Committees of communes, wards or townships (below referred to as commune-level People’s Committees).

2. The commune-level People’s Committee chairperson shall personally manage citizen reception work at the commune level and perform the following tasks:

a/ To issue rules on citizen reception;

b/ To arrange a convenient place and other necessary conditions for receiving citizens at the office of the commune-level People’s Committee;

c/ To appoint citizen reception officers;

d/ To receive in person citizens at the office of the commune-level People’s Committee office at least 1 day a week and irregularly receive citizens in the cases specified in Clause 3, Article 18 of this Law;

dd/ To closely coordinate with related agencies, organizations and units in receiving citizens and handling cases involving many people making complaints, denunciations, petitions or reports on the same matter; to ensure safety and order for citizen reception activities;

e/ To review the situation and results of citizen reception work and periodically and irregularly report thereon to competent agencies and organizations.

Chapter IV

CITIZEN RECEPTION AT STATE ADMINISTRATIVE AGENCIES; PEOPLE’S COURTS; PEOPLE’S PROCURACIES AND THE STATE AUDIT

Article 16. Organization of citizen reception at state administrative agencies

1. Ministries and ministerial-level agencies shall establish a citizen reception section or arrange civil servants of their inspectorates to receive citizens.

Ministers and heads of ministerial-level agencies shall prescribe the citizen reception by their attached organizations in conformity with the requirements, organizational characteristics and operations of each organization.

2. Specialized agencies of provincial-level People’s Committees shall arrange civil servants of their inspectorates to receive citizens.

Provincial-level People’s Committee chairpersons shall prescribe the citizen reception by agencies under specialized agencies of provincial-level People’s Committees and by specialized agencies of district-level People’s Committees in conformity with the requirements, organizational characteristics and operations of each agency.

3. The Government, the Government Inspectorate, the Government Office, provincial-level People’s Committees, district-level People’s Committees, provincial-level People’s Committee Offices and Offices of district-level People’s Councils and People’s Committees having regularly participated in receiving citizens at central, provincial-level and district-level citizen reception offices shall not arrange places for regular citizen reception in their agencies.

Article 17. Citizen reception at People’s Courts, People’s Procuracies and State Audit Offices

1. The Supreme People’s Court, People’s Courts of all levels, the Supreme People’s Procuracy, People’s Procuracies of all levels, the State Audit Office and regional State Audit Offices shall organize citizen reception and arrange citizen reception places of their agencies to receive complaints, denunciations, petitions and reports of citizens.

2. Within the ambit of their tasks and powers, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General shall prescribe the organization of citizen reception by their agencies, People’s Courts, People’s Procuracies of all levels, and regional State Audit Offices, respectively.

Article 18. Responsibilities of heads of agencies for citizen reception

1. To lead, direct and organize citizen reception work of their agencies:

a/ To issue rules and regulations on citizen reception;

b/ To arrange convenient places for citizen reception; to ensure necessary physical foundations for citizen reception;

c/ To assign cadres and civil servants to regularly receive citizens;

d/ To closely coordinate with related agencies, organizations and units in receiving citizens and handling cases involving many people making complaints, denunciations, petitions or reports on the same matter;

dd/ To examine and urge responsible agencies, organizations, units and persons under their management to abide by the law on citizen reception;

e/ To ensure safety and order for citizen reception activities;

g/ To report on the situation and results of citizen reception work to competent agencies and organizations.

2. To receive in person citizens at least 1 day a month at citizen reception places of their agencies.

3. To irregularly receive citizens in the following cases:

a/ Pressing and complicated cases involving many people and related to responsibilities of many agencies, organizations and units, or about which opinions of agencies, organizations and units remain divergent;

b/ Cases, without prompt direction and consideration, may cause serious consequences, lead to destruction of state or collective property, harm the life or property of people, or affect security, political stability or social order and safety.

4. When receiving citizens, to reply on the settlement of cases to citizens. If unable to reply immediately, to direct agencies, organizations, units, civil servants or public employees under their management in promptly considering and settling the cases and notifying the time of reply to citizens.

Article 19. Citizen reception places

1. Citizen reception places of agencies, organizations and units must be located in convenient positions and have necessary physical foundations for citizens to present their complaints, denunciations, petitions or reports easily and conveniently.

At citizen reception places must be posted up rules on citizen reception of agencies or units, guidelines on the process of receiving citizens and settling complaints, denunciations, petitions and reports in accordance with law, and the information specified in Clause 2, Article 24 of this Law.

2. The Government shall prescribe in detail the arrangement of physical foundations of citizen reception places.

Chapter V

CITIZEN RECEPTION BY NATIONAL ASSEMBLY AGENCIES, NATIONAL ASSEMBLY DEPUTIES, PEOPLE’S COUNCILS AND DEPUTIES OF PEOPLE’S COUNCILS OF ALL LEVELS

Article 20. Citizen reception by National Assembly agencies

1. National Assembly agencies shall organize citizen reception at citizen reception places of the National Assembly, or citizen reception places selected by National Assembly agencies when necessary, in order to receive complaints, denunciations, petitions and reports of voters.

2. The National Assembly Standing Committee shall direct, regulate, coordinate and organize citizen reception by National Assembly agencies and National Assembly deputies.

The People’s Aspirations Board of the National Assembly Standing Committee shall assist the latter in organizing citizen reception by National Assembly agencies and National Assembly deputies; and represent National Assembly agencies to regularly receive citizens at central citizen reception offices and citizen reception places of the National Assembly.

3. The Ethnic Council and Committees of the National Assembly shall assign representatives of their standing bodies to receive citizens making complaints, denunciations, petitions or reports; study and handle complaints, denunciations, petitions and reports on the fields under their responsibilities; and coordinate with the People’s Aspirations Board and concerned agencies in receiving citizens when necessary.

Article 21. Citizen reception by National Assembly deputies

1. National Assembly deputies shall receive citizens at provincial-level citizen reception offices or citizen reception places arranged by National Assembly deputy delegations as assigned by heads of National Assembly deputy delegations or when necessary.

The agenda on citizen reception by National Assembly deputies shall be notified to National Assembly deputies at least 10 working days before the date planned for reception. When unable to receive in person citizens according to the notified agenda, a National Assembly deputy shall report such to the head of the National Assembly deputy delegation at least 5 working days before the date planned for reception.

2. When citizens request to meet National Assembly deputies to present their complaints, denunciations, petitions or reports, National Assembly deputies shall arrange time to receive them. If unable to receive them yet, National Assembly deputies shall assign persons to receive their written complaints, denunciations, petitions or reports, or make appointment to receive citizens at appropriate time.

3. National Assembly deputy delegations shall organize citizen reception by National Assembly deputies; assist National Assembly deputies in forwarding written complaints, denunciations, petitions or reports and monitoring and urging the settlement of complaints, denunciations, petitions and reports of citizens forwarded by National Assembly deputies or National Assembly deputy delegations to competent agencies, organizations or units.

Article 22. Citizen reception by People’s Councils and deputies of People’s Councils of all levels

1. Provincial- or district-level People’s Council deputies shall receive citizens at the citizen reception office of the respective level or at citizen reception places of the localities which they represent as arranged by the standing body of the People’s Council of the respective level.

Commune-level People’s Council deputies shall receive citizens at the office of the commune-level People’s Committee.

2. The standing bodies of provincial- and district-level People’s Councils and commune-level People’s Council chairpersons shall organize citizen reception by People’s Council deputies of their levels; work out the agenda on citizen reception by People’s Council deputies; assign civil servants to regularly receive citizens at provincial- and district-level citizen reception offices; and organize citizen reception by People’s Council deputies at citizen reception places of the localities which the deputies represent.

3. People’s Council deputies shall receive citizens as assigned according to the agenda. When receiving complaints, denunciations, petitions or reports of citizens, People’s Council deputies shall study them and guide citizens in sending their complaints, denunciations, petitions or reports to relevant competent agencies, organizations or persons. When necessary, People’s Council deputies shall directly or via the standing body of the People’s Council of the respective level or via the commune-level People’s Council chairperson forward citizens’ written complaints, denunciations, petitions or reports to competent agencies, organizations or units and monitor and urge their settlement.

Article 23. Detailed provisions on citizen reception by agencies of the National Assembly, National Assembly deputies, People’s Councils and People’s Council deputies of all levels

The National Assembly Standing Committee shall prescribe in detail citizen reception by agencies of the National Assembly, National Assembly deputies, People’s Councils and People’s Council deputies of all levels.

Chapter VI

CITIZEN RECEPTION BY AGENCIES, ORGANIZATIONS, UNITS AND INDIVIDUALS

Article 24. Announcement of citizen reception by agencies, organizations, units and individuals

1. Central and provincial- and district-level citizen reception boards shall post up at citizen reception offices the agenda on citizen reception by leaders of central or local party and state agencies and lists of agencies, organizations and units with representatives to participate in citizen reception, and matters to be settled at each citizen reception.

2. Agencies, organizations or units shall post up information on citizen reception by their agencies, organizations or units at their offices and citizen reception places and on their websites (if any).

Information to be announced includes:

a/ The citizen reception place;

b/ Time of regular citizen reception;

c/ Agenda on citizen reception by the head of the agency, organization or unit; participants and tentative contents of regular citizen reception.

3. Agendas on citizen reception by representatives of the Ethnic Council and Committees of the National Assembly, National Assembly deputies and People’s Council deputies must be posted up at citizen reception places of the National Assembly, National Assembly deputy delegations and provincial-, district- and commune-level People’s Councils.

4. Citizen reception agendas provided in Clause 1, at Point c, Clause 2, and in Clause 3 of this Article must be posted up at least 5 working days prior to the date of citizen reception. If unable to receive citizens according to the announced agenda for plausible reasons, the citizen reception date may be delayed but a tentative time for citizen reception must be specifically notified at the citizen reception place.

Article 25. Receipt and initial processing of complaints, denunciations, petitions and reports

1. A citizen reception officer shall receive citizens making complaints, denunciations, petitions or reports and request them to state their full names and addresses or produce their personal identity papers and letters of authorization (if any); receive their complaints, denunciations, petitions or reports, or guide them in presenting the matter.

2. Contents of the matter presented must be recorded in the citizen reception book, including the serial number and date of reception, full name, address, contents of the matter, the process of consideration and settlement by competent agencies, organizations or units (if any); request and proposal of the person making the complaint, denunciation, petition or report; receipt and handling of the matter.

In case of unavailability of a written complaint, denunciation, petition or report, the citizen reception officer shall guide the making thereof, or shall fully and precisely write contents of the complaint, denunciation, petition or report and request the citizen to sign or press his/her fingerprint on this record for certification. If the contents presented are unclear and incomplete, the citizen reception officer shall request additional presentation on the matter or supplementation of documents and evidence.

3. In case there are complaints as well denunciations, petitions or reports in a single petition, the citizen reception officer shall guide the citizen concerned to write separate petitions for complaints and denunciations, petitions or reports to competent agencies, organizations and units in accordance with law.

Article 26. Classification and forwarding of contents of complaints, denunciations, petitions and reports to competent agencies and persons for processing and settlement

1. In the course of citizen reception, complaints and denunciations shall be classified and forwarded to competent agencies, organizations, units and persons for processing and settlement as follows:

a/ The citizen reception officer shall receive information and enclosed documents and evidence and report them to a competent person for processing, if his/her agency, organization or unit is competent to settle the complaints or denunciations;

b/ The citizen reception officer shall refer the person making complaints or denunciations to a competent agency, organization or unit for making complaints or denunciations if his/her agency, organization or unit is not competent to settle such complaints or denunciations. If an agency, organization or unit of a lower level is competent to settle complaints or denunciations but such complaints or denunciations have not been settled, the citizen reception officer shall report such to a competent person for requesting that agency, organization or unit to settle the complaints or denunciations;

c/ If the complaints or denunciations have been settled according to policies and law, the citizen reception officer shall give explanations and instructions for the person making complaints or denunciations to comply with the decision on settlement of such complaints or denunciations and the decision on handling of denounced violations, and request that citizen to stop his/her complaints or denunciations;

d/ In case of receiving complaints or denunciations not submitted in person by the person making such complaints or denunciations, the citizen reception officer shall classify and process such complaints or denunciations in accordance with the law on complaints and denunciations.

2. In the course of citizen reception, petitions and reports shall be classified and forwarded to competent agencies, organizations, units and persons for processing and settlement as follows:

a/ The citizen reception officer shall report petitions or reports to a competent person for study, consideration and settlement or assignment of a section to study, consider and settle such petitions or reports, if his/her agency, organization or unit is competent to settle them;

b/ The citizen reception officer shall forward the petition or the record of the contents presented by the person making the petition or report to a competent agency, organization or unit for study, processing, consideration and settlement.

Article 27. Responsibility for notification to citizen reception boards and citizen reception officers of the settlement of forwarded complaints, denunciations, petitions and reports

1. A competent person of an agency, organization or unit shall consider, handle or assign a specialized section to consider, handle and notify the handling results of complaints, denunciations, petitions and reports forwarded by the citizen reception section of his/her agency, organization or unit to the citizen reception officer for notification to persons making complaints, denunciations, petitions or reports according to Clause 1, Article 28 of this Law.

2. Agencies, organizations or units receiving complaints and denunciations forwarded by National Assembly agencies, National Assembly deputies, People’s Council deputies or citizen reception boards shall consider and settle those complaints and denunciations in accordance with law and notify the results to the forwarding agencies or persons within 7 working days after settling a matter. In case such matter has been settled, they shall immediately notify such to the forwarding agencies or persons.

Article 28. Notification of handling results of complaints, denunciations, petitions and reports

1. Within 10 working days after receiving a complaint, denunciation, petition or report, a citizen reception officer shall directly reply or notify in writing to the person making that complaint, denunciation, petition or report of one of the following information:

a/ The complaint, denunciation, petition or report has been processed for settlement;

b/ More processing time is needed to consider the complaint, denunciation, petition or report as additional verification is required according to the Law on Complaints or the Law on Denunciations;

c/ The complaint or denunciation is rejected because it does not fall under the settling competence of the agency, organization or unit or the conditions for processing that complaint or denunciation are not fully met;

d/ The complaint, denunciation, petition or report has been forwarded to a competent agency, organization, unit or person for settlement.

2. Agencies, organizations and persons competent to settle complaints and denunciations shall notify settlement results to persons making complaints and denunciations in accordance with the law on complaints and denunciations.

Within 5 working days after receiving a notice provided in Clause 2, Article 27 of this Law, National Assembly agencies, National Assembly deputies, People’s Council deputies or citizen reception boards shall notify persons making complaints or denunciations of settlement results, if these persons have previously so requested.

Chapter VII

RESPONSIBILITY FOR RECEIVING AND HANLDING COMPLAINTS, DENUNCIATIONS, PETITIONS OR REPORTS ON THE SAME MATTER MADE BY MANY PEOPLE

Article 29. Appointment of representatives for making complaints, denunciations, petitions or reports on the same matter

When many people make complaints, denunciations, petitions or reports on the same matter at a citizen reception place, the citizen reception officer shall request them to appoint a representative to present their complaints, denunciations, petitions or reports (below referred to as representative). This representative must be one among those persons making complaints, denunciations, petitions or reports. The appointment of a representative must be made in writing and signed by all persons making complaints, denunciations, petitions or reports.

In case the number of persons making complaints, denunciations, petitions or reports is between 5 and 10, 1 or 2 representatives may be appointed. If this number is more than 10, more representatives may be appointed but must not exceed 5. Representatives shall take responsibility before law for the lawfulness of their representation and the written appointment of representatives.

Article 30. Receipt and handling of complaints, denunciations, petitions or reports on the same matter made by many people at citizen reception places

1. The head of an agency, organization, unit or citizen reception board where many persons making complaints, denunciations, petitions or reports gather, shall directly receive or assign a person to receive their representative, listen to contents of their complaints, denunciations, petitions or reports presented by this representative, and receive their complaints, denunciations, petitions or reports together with information and documents provided by the representative.

In case of unavailability of written complaints, denunciations, petitions or reports, the citizen reception officer shall either request the representative to make a written one, or shall fully and precisely record the matter presented by the representative, read out this record and request the representative to sign or press his/her fingerprint on this record for certification.

If his/her agency, organization or unit is competent to settle the complaints, denunciations, petitions or reports, the citizen reception officer shall receive and consider processing the matter for settlement and notify the representative of the persons making the complaints, denunciations, petitions or reports of the handling results in accordance with law. If not, he/she shall forward such complaints, denunciations, petitions or reports or refer the persons making complaints, denunciations, petitions or reports to an agency competent to settle the matter.

2. For complicated complaints, denunciations, petitions or reports involving many matters to be settled by different levels and sectors which have been considered and settled by many agencies, organizations and units, or cases involving many people with complicated developments, the head of an agency, organization, unit or citizen reception board shall:

a/ Assume the prime responsibility for, or coordinate with related agencies, organizations and units or the representative of the People’s Committee of the locality where arise the complaints, denunciations, petitions or reports in, receiving the representative of the persons making complaints, denunciations, petitions or reports;

b/ Request related agencies, organizations and units to provide information and documents; assign responsible persons to receive the representative of the persons making complaints, denunciations, petitions or reports.

3. In case the persons making complaints, denunciations, petitions or reports commit provocative acts or cause disorder or intimidate citizen reception officers and officials on duty, the head of the agency, organization, unit or citizen reception board or the person managing the citizen reception place shall promptly send more citizen reception officers and request the police office or functional agencies to promptly take handling measures.

Article 31. Responsibility of heads of agencies, organizations and units for coordination in receiving and handling cases involving many persons making complaints, denunciations, petitions or reports

1. When receiving a request from the head of an agency, organization, unit, citizen reception board or the citizen reception place, the head of a related agency, organization or unit shall:

a/ Assign a responsible person to receive or directly receive the representative of persons making complaints, denunciations, petitions or reports;

b/ Provide information and documents on the matter involving the complaints, denunciations, petitions or reports at the request of competent persons;

c/ Settle the matter under his/her competence or direct agencies, organizations or units under his/her management to settle the matter in accordance with law;

d/ Assume the prime responsibility for mobilizing, persuading and taking measures for citizens to return to their localities.

2. Within the ambit of their tasks and powers, heads of police offices shall take, or coordinate with citizen reception boards and related agencies, organizations and units in taking, measures to ensure public order at places where many people come to make complaints, denunciations, petitions or reports on the same matter; and handle violators in accordance with law.

Article 32. Responsibilities of the Government General Inspector, the Minister of Public Security and chairpersons of the People’s Committees of Hanoi and Ho Chi Minh City

1. The Government General Inspector and the Minister of Public Security shall, within the ambit of their tasks and powers, guide, examine and urge chairpersons of People’s Committees, police offices and inspection agencies of all levels and other state agencies in handling cases involving many people making complaints, denunciations, petitions or reports on the same matter.

2. The chairpersons of the People’s Committees of Hanoi and Ho Chi Minh City shall assist and coordinate with the Government General Inspector and the Ministry of Public Security in handling cases involving many people making complaints, denunciations, petitions or reports on the same matter at central citizen reception offices when so requested.

Chapter VIII

CONDITIONS FOR ENSURING CITIZEN RECEPTION ACTIVITIES

Article 33. Conditions for ensuring citizen reception activities

1. The State shall adopt policies and ensure funds for citizen reception activities, apply information technology and other technical means to develop a national database on citizen reception and handling of written complaints, denunciations, petitions and reports of citizens to serve citizen reception work.

2. The Government shall detail conditions for ensuring citizen reception activities.

Article 34. Criteria, regimes and policies for citizen reception officers

1. A citizen reception officer must possess moral qualities and professional qualifications, be conversant with policies of the Party and laws of the State, practical and enthusiastic, have the ability to mobilize and persuade the public, and be physically fit and responsible for the assigned tasks.

2. Citizen reception officers are entitled to allowance for citizen reception and other benefits as prescribed by the Government.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 35. Effect

This Law takes effect on July 1, 2014.

The provisions on citizen reception of Chapter V of Law No. 09/1998/QH10 on Complaints and Denunciations which was amended and supplemented under Law No. 26/2004/QH11 and Law No. 58/2005/QH11, and Chapter V of Law No. 02/2011/QH13 on Complaints, cease to be effective on the effective date of this Law.

Article 36. Detailing

The National Assembly Standing Committee, the Government and other competent agencies and organizations shall detail the articles and clauses as assigned in this Law.

This Law was passed on November 25, 2013, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 6th session.-

 

CHAIRMAN OF THE NATIONAL ASSEMBLY Nguyen Sinh Hung