Chương 6 Luật tiếp công dân 2013: Hoạt động tiếp công dân của cơ quan, tổ chức, đơn vị, cá nhân

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.