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.
Tìm kiếm
Nghị định 40/2019/NĐ-CP (Bản Word)
Nghị định 40/2019/NĐ-CP (Bản Pdf)