Chương 4 Nghị định 20/2008/NĐ-CP về việc tiếp nhận, xử lý phản ánh, kiến nghị của cá nhân, tổ chức về quy định hành chính: Xử lý phản ánh, kiến nghi

Chapter IV

HANDLING OF FEEDBACK AND PROPOSALS

Article 14. Process of handling feedback and proposals at state administrative agencies

1. For feedback and proposals on specific problems in the implementation of administrative regulations caused by acts of delaying or troubling the implementation of, failing to implement or improperly implementing administrative regulations, state administrative agencies with the handling competence shall handle them according to the process prescribed by law.

2. For feedback and proposals on contents of administrative regulations, state agencies with the handling competence shall observe the following process:

a/ Directly working with individuals and organizations giving feedback and proposals to clarify related contents (if finding it necessary):

h/ Studying, assessing and classifying feedback and proposals as follows:

Feedback and proposals that lack grounds for consideration and handling and need to be further collected and studied.

Feedback and proposals with sufficient grounds for consideration and handling.

c/ For feedback and proposals with sufficient grounds for consideration and handling, agencies with the handling competence shall scrutinize administrative regulations on which feedback and proposals are given against the following criteria:

- Their necessity:

- Their reasonableness and lawfulness;

- Their simplicity and comprehensiveness;

- Their feasibility;

Their consistency with other administrative regulations;

Their compliance with treaties which Vietnam has signed or acceded to.

d/ Deciding on the handling.

e/ Publicizing the result of handling feedback opinions and proposals.

f/ Organizing the preservation of records of handled feedback and proposals according to the law on archive, and at the same time, storing them on computer databases.

Article 15. Forms of handling feedback and proposals

State administrative agencies competent to handle feedback and proposals may select one of the following handling forms:

1. Amending, supplementing, canceling and abolishing administrative regulations according to their competence.

2. Proposing competent agencies or persons to consider, amend, supplement, cancel or abolish administrative regulations which fail to meet the criteria specified at Point c, Clause 2, Article 14 of this Decree.

3. Issuing according to their competence or proposing competent agencies or persons to issue new administrative regulations serving the socio-economic development and state management.

Article 16. Responsibilities of ministers and heads of ministerial-level agencies in handling feedback and proposals

1. To direct the consideration and study of feedback and proposals on administrative regulations under their management.

2. For feedback and proposals failing to meet the criteria specified at Point c, Clause 2, Article 14 of this Decree, depending on their deciding competence, ministers and heads of ministerial-level agencies may:

a/ Amend, supplement or cancel administrative regulations under their deciding competence.

b/ Propose ministries, ministerial-level agencies, provincial-level Peoples Councils or Peoples Committees to consider, amend, supplement, annul or abolish administrative regulations falling under the deciding competence of these agencies.

c/ Propose the Prime Minister to:

- Abolish, or terminate the implementation of, administrative regulations falling under the deciding competence of ministries, ministerial-level agencies, provincial Peoples Councils or Peoples Committees;

- Amend, supplement or cancel administrative regulations falling under the deciding competence of the Prime Minister;

- Consider and propose the National Assembly, the National Assembly Standing Committee or the Government to amend, supplement and annul administrative regulations under the deciding competence of these agencies.

3. To organize the preservation of records and documents and build computer databases on feedback and proposals on administrative regulations and handling results.

4. To publicize results of handling feedback and proposals.

5. To urge, examine and promptly take necessary measures to enhance administrative discipline and order in the handling of feedback and proposals.

Article 17. Responsibilities of the Minister-Director of the Government Office in handling feedback and proposals

Apart from complying with the provisions of Article 16 of this Decree, the Minister-Director of the Government Office shall:

1. Assist the Prime Minister in urging ministries, ministerial-level agencies and provincial-level Peoples Committees to handle thoroughly, promptly and duly individuals and organizations feedback and proposals on administrative regulations.

2. Assist the Prime Minister in detecting and requesting competent state administrative agencies in handling administrative regulations which fail to meet criteria specified at Point c, Clause 2, Article 14 of this Decree.

3. Organize study and propose to the Government and the Prime Minister to handle feedback and proposals on administrative regulations involving two or more different state administrative agencies which cannot reach agreement on handling plans: feedback and proposals on administrative regulations which have been handled by ministries, ministerial-level agencies and provincial-level Peoples Committees but are still further filed by individuals and organization; and feedback and
proposals on administrative regulations falling under the deciding competence of the Government or the Prime Minister.

Article 18. Responsibilities of presidents of provincial-level Peoples Committees in handling feedback and proposals

1. To direct the consideration and study of feedback and proposals on administrative regulations falling under their management.

2. For feedback and proposals failing to meet the criteria specified at Point c, Clause 2, Article 14 of this Decree, depending on their deciding competence, presidents of provincial-level Peoples Committees may:

a/ Amend, supplement and cancel administrative regulations failing under their deciding competence.

b/ Propose the Peoples Councils or Peoples Committees of the same level to amend, supplement or annul administrative regulations falling within the deciding competence of these agencies.

c/ Propose ministers or heads of ministerial-level agencies to amend, supplement or annul administrative regulations falling with the deciding competence of these agencies.

d/ Propose the Prime Minister to:

- Annul or terminate the implementation of administrative regulations failing within the deciding competence of ministries, ministerial-level agencies or Peoples Councils of the same level;

Amend, supplement or annul administrative regulations falling within the deciding competence of the Prime Minister;

Consider and propose the National Assembly, the National Assembly Standing Committee or the Government to amend, supplement or annul administrative regulations falling within the deciding competence of these agencies.

3. To organize the preservation of dossiers and records and build a computer database on feedback and proposals on administrative regulations and handling results.

4. To publicize results of handling feedback and proposals.

5. To urge, examine and promptly take necessary measures for enhancing administrative discipline in the handling of feedback and proposals

Article 19. Publicization of results of handling feedback-and proposals

Heads of state administrative agencies shall organize the publicization of results of handling individuals and organizations feedback and proposals on administrative regulations. The publicization may be effected in one or several of the following forms:

1. Publicizing on the electronic portal or website of the agency.

2. Publicizing on the mass media.

3. Sending an official notice to individuals or organizations giving feedback or proposals.

4. Other forms.