Nghị định 64/2014/NĐ-CP hướng dẫn Luật Tiếp công dân

DECREE

DETAILING A NUMBER OF ARTICLES OF THE LAW ON RECEPTION OF CITIZENS

Pursuant to the November 25, 2013 Law on Reception of Citizens;

Pursuant to the December 25, 2001 Law on Organization of the Government;

At the proposal of the Inspector General of the Government Inspectorate of Vietnam,

The Government promulgates the Decree detailing a number of articles of the Law on Reception of Citizens.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details the reception of citizens at government-attached agencies and public non-business units; tasks, powers and organizational structures of citizen reception boards, arrangement of physical foundations of citizen reception offices; regulations on coordination of citizen reception activities at citizen reception offices; arrangement of physical foundations of citizen reception places; and conditions for ensuring citizen reception activities.

Article 2. Subjects of application

1. State administrative agencies and heads of these agencies, people’s armed forces units, public non-business units and citizen reception officers.

2. Persons making complaints, denunciations, petitions or reports.

3. Agencies, organizations and persons involved in citizen reception work.

Chapter II

CITIZEN RECEPTION AT GOVERNMENT-ATTACHED AGENCIES AND PUBLIC NON-BUSINESS UNITS

Article 3. Organization of citizen reception at government-attached agencies and public non-business units

1. Government-attached agencies shall organize the reception of citizens making complaints, denunciations, petitions or reports. Depending on the nature, characteristics and size of their organization and activities and requirements of the settlement of complaints, denunciations, petitions and reports, heads of government-attached agencies shall assign civil servants of their inspectorates to receive citizens.

2. Public non-business units involved in the settlement of regimes, policies and benefits for citizens and organizations shall organize the reception of citizens making complaints, denunciations, petitions or reports. Heads of public non-business units shall assign civil servants and public employees of specialized sections to receive citizens.

Pursuant to the Law on Reception of Citizens and this Decree, heads of government- attached agencies and public non-business units shall prescribe the reception of citizens at their attached agencies, organizations and units.

Article 4. Responsibilities of heads of government-attached agencies or public non- business units

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

a/ To issue rules and regulations on citizen reception;

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

c/ To assign cadres, civil servants and public employees 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, units and persons under their management to abide by law when receiving citizens;

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 citizens in person at least 1 day a month at citizen reception places of their agencies or units.

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 lives 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 and matters 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 5. Citizen reception places of government-attached agencies and public non- business units

1. Heads of agencies or units shall arrange spacious and convenient places for citizen reception, which must have separate citizen reception rooms and be furnished with necessary physical facilities to facilitate citizen reception work.

2. Rules on citizen reception, guidelines on the process of receiving citizens and settling complaints, denunciations, petitions and reports in accordance with law, and information on citizen reception by agencies and units must be posted up at the offices of agencies and units and citizen reception places and published on their websites (if any), including:

a/ Citizen reception places; time of regular citizen reception;

b/ Timetable on citizen reception by heads of agencies or units;

c/ Participants and tentative agendas of regular citizen reception sessions.

Chapter III

TASKS, POWERS, STRUCTURE AND ORGANIZATION OF CITIZEN RECEPTION BOARDS; ARRANGEMENT OF PHYSICAL FOUNDATIONS OF CITIZEN RECEPTION OFFICES AND PLACES

Article 6. Tasks and powers of the Central Citizen Reception Board

1. To organize the reception of citizens making complaints, denunciations, petitions or reports at central citizen reception offices:

a/ To assign officers to receive and process complaints, denunciations, petitions and reports within the responsibilities of the Central Citizen Reception Board;

b/ To administer and coordinate citizen reception activities between members of the Central Citizen Reception Board and representatives of agencies and organizations participating in regular citizen reception at central citizen reception offices;

c/ To assume the prime responsibility for, and coordinate with agencies and organizations participating in regular citizen reception at central citizen reception offices or related agencies, organizations and units in, advising and assisting the Inspector General of the Government Inspectorate of Vietnam and the Minister-Chairperson of the Government Office in regularly or irregularly receiving citizens; or heads of agencies or organizations in regularly receiving citizens at central citizen reception offices or Party and State leaders at the central level in receiving citizens.

2. To give explanations and guidance for citizens to make complaints, denunciations, petitions or reports according to prescribed order and procedures and to competent agencies, organizations, units or persons; and to abide by decisions on settlement of complaints or handling of denunciations by competent agencies, organizations or persons in accordance with policies and law.

3. To classify and process written complaints, denunciations, petitions and reports:

a/ To classify and process written complaints, denunciations, petitions and reports lodged directly at central citizen reception offices or sent by post or forwarded by competent agencies, organizations or persons to the Government Inspectorate of Vietnam, the Central Citizen Reception Board and agencies and organizations participating in regular citizen reception at central citizen reception offices;

b/ To provide guidance on the lodging of, or forward to competent agencies, organizations or units for settlement, written complaints, denunciations, petitions and reports which fall outside the scope and responsibilities of settlement of the Central Citizen Reception Board and agencies and organizations participating in regular citizen reception at central citizen reception offices.

4. To monitor and urge the settlement of complaints, denunciations, petitions and reports:

a/ To monitor and urge competent agencies, organizations, units and persons in settling complaints, denunciations, petitions and reports forwarded by the Central Citizen Reception Board;

b/ To assume the prime responsibility for, and coordinate with representatives of agencies and organizations participating in regular citizen reception at citizen reception offices in, examining competent agencies, organizations, units and persons in receiving and settling written complaints, denunciations, petitions and reports, cases and matters forwarded by the Central Citizen Reception Board when assigned by the Inspector General of the Government Inspectorate of Vietnam.

5. To review the situation and results of citizen reception work within the responsibilities of the Central Citizen Reception Board and agencies and organizations participating in regular citizen reception at central citizen reception offices; to make regular and irregular reports to the Government Inspectorate of Vietnam and agencies and organizations participating in regular citizen reception at central citizen reception offices and to competent agencies and organizations.

6. To receive and handle cases involving many people making complaints, denunciations, petitions or reports on the same matter:

a/ To receive or assume the prime responsibility for, and coordinate with agencies and organizations participating in regular citizen reception at central citizen reception offices and related agencies, organizations and units in, receiving and handling cases involving many people making complaints, denunciations, petitions or reports on the same matter;

b/ To coordinate with the Ministry of Public Security, Hanoi Public Security Department and Ho Chi Minh City Public Security Department in ensuring security, order and safety for citizen reception officers at central citizen reception offices; to handle persons committing law violations at central citizen reception offices;

c/ To coordinate with public security agencies and provincial-level People’s Committees of localities where arise complaints, denunciations, petitions and reports in mobilizing, persuading and taking measures for citizens to return to their localities for consideration and settlement.

7. To advise and assist the Inspector General of the Government Inspectorate of Vietnam in inspecting and examining ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees in implementing the law on citizen reception and in settling written requests.

8. To coordinate with units of the Government Inspectorate of Vietnam in advising and assisting the Inspector General of the Government Inspectorate of Vietnam in performing the state management of citizen reception and written request settlement.

9. To perform other tasks assigned by the Inspector General of the Government Inspectorate of Vietnam.

Article 7. Tasks and powers of a provincial-level citizen reception board

1. To organize the reception of citizens making complaints, denunciations, petitions or reports at the provincial-level citizen reception office:

a/ To assign officers to receive citizens and process complaints, denunciations, petitions and reports to be handled by the provincial-level citizen reception board;

b/ To regulate and coordinate citizen reception activities between members of the provincial-level citizen reception board and representatives of agencies and organizations participating in regular citizen reception at the provincial-level citizen reception office;

c/ To assume the prime responsibility for, and coordinate with agencies and organizations participating in regular citizen reception at the citizen reception office or with related agencies, organizations and units in, advising and assisting the chairperson of the provincial-level People’s Committee in regularly or irregularly receiving citizens; and heads of agencies and organizations participating in regular citizen reception at the provincial-level citizen reception office or Party or State leaders at the provincial level in receiving citizens.

2. To give explanations and guidance for citizens to make complaints, denunciations, petitions or reports according to prescribed order and procedures and to competent agencies, organizations, units and persons; and to abide by decisions on settlement of complaints or handling of denunciations by competent agencies, organizations, units or persons in accordance with policies and law.

3. To classify and process complaints, denunciations, petitions and reports:

a/ To classify and process written complaints, denunciations, petitions and reports lodged directly at the provincial-level citizen reception office or sent by post or forwarded by competent agencies, organizations and persons to the provincial-level People’s Committee, the provincial-level citizen reception board and agencies and organizations participating in regular citizen reception at the provincial-level citizen reception office;

b/ To provide guidance on the lodging of, or forward to competent agencies, organizations or units for settlement, written complaints, denunciations, petitions and reports which fall outside the scope and responsibilities of settlement of the provincial-level citizen reception board and agencies and organizations participating in regular citizen reception at the provincial- level citizen reception office.

4. To monitor and urge the settlement of complaints, denunciations, petitions and reports:

a/ To monitor and urge competent agencies, organizations, units and persons in settling written complaints, denunciations, petitions and reports, cases and matters forwarded by the provincial-level citizen reception board;

b/ To assume the prime responsibility for, and coordinate with representatives of agencies and organizations participating in regular citizen reception at the citizen reception office and the state inspection agency of the same level in, examining competent agencies, organizations, units and persons in receiving and settling written complaints, denunciations, petitions and reports, cases and matters forwarded by the provincial-level citizen reception board as assigned by the chairperson of the provincial-level People’s Committee.

5. To review the situation and results of citizen reception work within the scope of its responsibility and responsibilities of agencies and organizations participating in regular citizen reception at the provincial-level citizen reception office; to regularly and irregularly report to the provincial-level People’s Committee and agencies and organizations participating in regular citizen reception at the citizen reception office, and to the provincial inspectorate and competent agencies and organizations.

6. To receive and handle cases involving many people making complaints, denunciations, petitions or reports on the same matter:

a/ To assume the prime responsibility for receiving or coordinate with agencies and organizations participating in regular citizen reception at the provincial-level citizen reception office or related agencies, organizations and units in receiving and handling cases involving many people making complaints, denunciations, petitions or reports on the same matter;

b/ To coordinate with the local public security agency in ensuring security, order and safety for citizen reception officers at the citizen reception office, and in handling persons committing law violations at the provincial-level citizen reception office;

c/ To coordinate with the public security agency and People’s Committees of localities where arise complaints, denunciations, petitions and reports in mobilizing and persuading or taking measures for citizens to return to their localities for consideration and settlement.

7. To coordinate with the provincial inspectorate in advising and assisting the chairperson of the provincial-level People’s Committee in:

a/ Inspecting and examining specialized agencies of the provincial-level People’s Committee and district-level People’s Committees in receiving citizens and handling written requests;

b/ Disseminating and popularizing the law on citizen reception and settlement of written requests to local people and civil servants and public employees of specialized agencies of the provincial-level People’s Committee and district-level People’s Committees;

c/ To provide professional guidance for citizen reception civil servants and public employees of provincial-level departments and sectors and district-level People’s Committees.

8. To perform other tasks assigned by the chairperson of the provincial-level People’s Committee.

Article 8. Tasks and powers of a district-level citizen reception board

1. To organize the reception of citizens making complaints, denunciations, petitions or reports at the district-level citizen reception office:

a/ To assign officers to receive citizens and process complaints, denunciations, petitions and reports to be handled by the citizen reception board;

b/ To administer and coordinate citizen reception activities between members of the district-level citizen reception board and representatives of agencies and organizations participating in regular citizen reception at the district-level citizen reception office;

c/ To assume the prime responsibility for, and coordinate with agencies and organizations participating in regular citizen reception at the citizen reception office or with related agencies, organizations and units in, advising and assisting the chairperson of the district-level People’s Committee in regularly or irregularly receiving citizens; and heads of agencies and organizations participating in regular citizen reception at the district-level citizen reception office or Party or State leaders at the district level in receiving citizens.

2. To give explanations and guidance for citizens to make complaints, denunciations, petitions or reports according to prescribed order and procedures and to competent agencies, organizations, units and persons; to abide by decisions on settlement of complaints or handling of denunciations by competent agencies, organizations, units or persons in accordance with policies and law.

3. To classify and process complaints, denunciations, petitions and reports:

a/ To classify and process written complaints, denunciations, petitions and reports lodged directly at the district-level citizen reception office or sent by post or forwarded by competent agencies, organizations and persons to the district-level People’s Committee, the district-level citizen reception board and agencies and organizations participating in regular citizen reception at the district-level citizen reception office;

b/ To provide guidance on the lodging of, or forward to competent agencies, organizations or units, written complaints, denunciations, petitions and reports which fall outside the scope and responsibilities of settlement of the provincial-level citizen reception board and agencies and organizations participating in regular citizen reception at the district-level citizen reception office.

4. To monitor and urge the settlement of complaints, denunciations, petitions and reports:

a/ To monitor and urge competent agencies, organizations, units and persons in settling written complaints, denunciations, petitions and reports, cases and matters forwarded by the district-level citizen reception board;

b/ To assume the prime responsibility for, and coordinate with representatives of agencies and organizations participating in regular citizen reception at the citizen reception office and the state inspection agency of the same level in, examining competent agencies, organizations, units and persons in receiving and settling written complaints, denunciations, petitions and reports, cases and matters forwarded by the district-level citizen reception board as assigned by the chairperson of the district-level People’s Committee.

5. To review the situation and results of citizen reception work within the scope of its responsibility and responsibilities of agencies and organizations participating in regular citizen reception at the district-level citizen reception office; to regularly and irregularly report to the district-level People’s Committee, agencies and organizations participating in regular citizen reception at the district-level citizen reception office, and to the district inspectorate and competent agencies and organizations.

6. To receive and handle cases involving many people making complaints, denunciations, petitions or reports on the same matter:

a/ To assume the prime responsibility for receiving or coordinate with agencies and organizations participating in regular citizen reception at the district-level citizen reception office or related agencies, organizations and units in receiving and handling cases involving many people making complaints, denunciations, petitions or reports on the same matter;

b/ To coordinate with the local public security agency in ensuring security, order and safety for citizen reception officers at the citizen reception office, and in handling persons committing law violations at the district-level citizen reception office;

c/ To coordinate with the public security agency and People’s Committees of localities where arise complaints, denunciations, petitions and reports in mobilizing and persuading or taking measures for citizens to return to their localities for consideration and settlement.

7. To coordinate with the district inspectorate in advising and assisting the chairperson of the district-level People’s Committee in:

a/ Inspecting and examining specialized agencies of the district-level People’s Committee and commune-level People’s Committees in receiving citizens and handling written requests;

b/ Disseminating and popularizing the law on citizen reception and settlement of written requests to local people and civil servants and public employees of specialized agencies of the district-level People’s Committee and commune-level People’s Committees;

c/ To provide professional guidance for citizen reception civil servants and public employees of specialized agencies of the district-level People’s Committee and commune- level People’s Committees.

8. To perform other tasks assigned by the chairperson of the district-level People’s Committee.

Article 9. Structure and organization of citizen reception boards of all levels

1. Structure and organization of the Central Citizen Reception Board

a/ The Central Citizen Reception Board has its head, deputy heads and citizen reception civil servants. The post of head of the Central Citizen Reception Board is equivalent to that of director of a ministerial department and the post of deputy head of the Central Citizen Reception Board is equivalent to that of deputy director of a ministerial department, which are appointed and relieved from duty by the Inspector General of the Government Inspectorate of Vietnam.

The Central Citizen Reception Board replaces the Department of Citizen Reception and Handling of Written Requests provided in Article 3 of the Government’s Decree No. 83/2012/ND-CP of October 9, 2012, defining the functions, tasks, powers and organizational structure of the Government Inspectorate of Vietnam;

b/ The Citizen Reception Board has professional divisions to receive citizens, process written requests, monitor, urge and review the work of citizen reception and handling of written complaints, denunciations, petitions and reports.

2. Structure and organization of provincial-level citizen reception boards

A provincial-level citizen reception board has its head, deputy head and citizen reception civil servants. The head of a provincial-level citizen reception board is a deputy chief of the Office of the People’s Committee. The post of deputy head of a provincial-level citizen reception board is equivalent to that of head of a division. The head and deputy head of a provincial- level citizen reception board shall be appointed and relieved from duty by the chairperson of the provincial-level People’s Committee.

3. Structure and organization of district-level citizen reception boards

A district-level citizen reception board has its head and citizen reception civil servants. The head of a district-level citizen reception board is a deputy chief of the Office of the People’s Council and People’s Committee. The head of a district-level citizen reception board shall be appointed and relieved from duty by the chairperson of the district-level People’s Committee.

4. Chairpersons of commune-level People’s Committees shall assign civil servants to receive citizens on a part-time basis.

5. Citizen reception boards of all levels have their own seals to serve citizen reception work.

The Inspector General of the Government Inspectorate of Vietnam, the Minister of Public Security and the Minister of Home Affairs shall prescribe specimen seals and the use of seals of citizen reception boards of all levels.

Article 10. Arrangement of physical foundations at citizen reception offices and places

1. Arrangement of physical foundations at citizen reception offices

The Inspector General of the Government Inspectorate of Vietnam and chairpersons of People’s Committees of all levels shall arrange working rooms, equipment, facilities and other necessary working conditions for representatives of agencies and organizations participating in regular citizen reception at citizen reception offices.

Citizen reception offices shall be located in places convenient for citizen reception and access by citizens making complaints, denunciations, petitions or reports.

Citizen reception offices shall be furnished with facilities and other necessary conditions for citizen reception.

2. Arrangement of physical foundations at citizen reception places

Agencies, organizations or units that have the responsibility for citizen reception but do not assign their representatives to participate in regular citizen reception at citizen reception offices at different levels shall arrange citizen reception places which must be spacious and convenient and have separate rooms for citizen reception, equipment and facilities and other necessary working conditions for citizen reception.

Chapter IV

REGULATION ON COORDINATION OF CITIZEN RECEPTION ACTIVITIES AT CITIZEN RECEPTION OFFICES

Article 11. Scope of receiving and handling complaints, denunciations, petitions and reports

1. The scope of receiving and handling complaints, denunciations, petitions and reports of agencies and organizations participating in regular citizen reception at central, provincial- and district-level citizen reception offices must comply with Clause 4, Article 11; Clause 4, Article 12; and Clause 4, Article 13 of the Law on Reception of Citizens.

Commune-level civil servants receiving citizens on a part-time basis shall assist chairpersons of commune-level People’s Committees in receiving citizens and handling complaints, denunciations, petitions and reports within the scope of responsibility of People’s Committees, chairpersons of People’s Committees, People’s Councils and chairpersons of People’s Councils.

2. Representatives of agencies and organizations participating in regular citizen reception at citizen reception offices shall:

a/ Receive citizens, receive and handle complaints, denunciations, petitions and reports within the scope of responsibility of their agencies and organizations. For cases and matters which fall within the scope of responsibility of other agencies or organizations participating in regular citizen reception at citizen reception offices, guide citizens in making complaints, denunciations, petitions or reports to representatives of such agencies or organizations;

b/ For complicated cases or matters involving many agencies and organizations, citizen reception officers shall report them to the head of the citizen reception board for coordination with competent persons of related agencies, organizations and units in consideration and settlement;

c/ For cases or matters for which guiding documents or written replies have been issued but citizens continue making complaints, denunciations, petitions or reports, citizen reception officers shall coordinate with representatives of competent agencies and organizations in guiding citizens in making complaints, denunciations, petitions or reports in accordance with law;

d/ Refuse to receive citizens in the cases specified in Article 9 of the Law on Reception of Citizens.

Article 12. Citizen reception and assignment of representatives of agencies and organizations participating in regular citizen reception at citizen reception offices

1. Citizen reception boards and agencies and organizations participating in regular citizen reception at citizen reception offices shall receive citizens as follows:

a/ The Central Citizen Reception Board has the duty of receiving citizens and shall assign officers to regularly receive citizens on workdays and in irregular cases.

The Office, the Inspection Commission and the Internal Affairs Commission of the Party Central Committee, the People’s Aspirations Board of the National Assembly Standing Committee, the President Office and the Government Office shall send representatives to collaborate with the Central Citizen Reception Board in regularly receiving citizens at central citizen reception offices in accordance with the Law on Reception of Citizens;

b/ Provincial-level citizen reception boards have the duty of receiving citizens and shall assign officers to regularly receive citizens on workdays and in irregular cases.

The Office, the Inspection Board and the Internal Affairs Commission of the provincial- level Party Committee, the Office of the National Assembly Deputies ’ Delegation and the provincial-level People’s Council shall send representatives to collaborate with the provincial- level citizen reception board in regularly receiving citizens at the provincial-level citizen reception office in accordance with the Law on Reception of Citizens;

c/ District-level citizen reception boards have the duty of receiving citizens and shall assign officers to regularly receive citizens on workdays and in irregular cases.

The Office and the Inspection Board of the district-level Party Committee shall send representatives to collaborate with the district-level citizen reception board in regularly receiving citizens at the district-level citizen reception office in accordance with the Law on Reception of Citizens;

d/ Civil servants of commune-level People’s Committees shall receive citizens as assigned by the commune-level People’s Committee chairpersons. Commune-level People’s Councils shall assign cadres to receive citizens at the offices of commune-level People’s Committees;

dd/ Timetables on citizen reception by agencies and organizations participating in citizen reception at citizen reception offices shall be posted up publicly. Citizen reception officers shall receive citizens according to the announced timetable or irregularly receive citizens as assigned by the head of the citizen reception board or as requested by leaders of these agencies or organizations.

2. Agencies and organizations participating in citizen reception at citizen reception offices shall assign capable persons with relevant qualifications to regularly receive citizens.

a/ The assignment of citizen reception officers by agencies and organizations participating in citizen reception shall be notified in writing to the head of the citizen reception board, clearly stating their full names, positions and scope of duty;

b/ Representatives of agencies and organizations participating in citizen reception at the citizen reception office shall comply with the regulation on citizen reception and rules of the citizen reception office; perform their tasks within the assigned scope; abide by the direction of the heads of their agencies and organizations and the administration of the citizen reception board head when receiving citizens; and closely collaborate with other cadres and civil servants at the citizen reception office in receiving citizens;

c/ The citizen reception board head shall comment and evaluate the performance of citizen reception officers of agencies and organizations participating in regular citizen reception at the citizen reception office.

Article 13. Coordination in management and administration of citizen reception activities at citizen reception offices

1. A citizen reception board shall coordinate with agencies and organizations participating in citizen reception in monitoring and managing officers regularly receiving citizens at the citizen reception office.

2. A citizen reception board shall assume the prime responsibility for, and coordinate with representatives of agencies and organizations participating in regular citizen reception at the citizen reception office in, receiving, guiding and replying citizens; assume the prime responsibility for, and coordinate with agencies and organizations participating in regular citizen reception at the citizen reception office or related agencies and organizations in, advising and assisting heads of agencies and organizations participating in citizen reception at the citizen reception office or Party and State leaders at the central or local level in receiving citizens.

Representatives of agencies and organizations participating in regular citizen reception at the citizen reception office shall closely coordinate with the citizen reception board in organizing citizen reception; prepare related documents and dossiers for citizen reception at the request of the heads of their agencies and organizations or Party and State leaders at the central or local level.

3. A citizen reception board shall hold monthly meetings with representatives of agencies and organizations participating in regular citizen reception at the citizen reception office; and when necessary, invite representatives of related agencies, organizations and units or agencies responsible for protecting the citizen reception office to participate in citizen reception.

4. A citizen reception board shall coordinate with the state inspection agency of the same level in providing professional guidance on citizen reception and settlement of written requests; propose the commendation of persons and collectives recording achievements in citizen reception; and monitor and review the implementation of regulations on coordination in citizen reception at citizen reception offices.

Representatives of agencies and organizations participating in regular citizen reception at the citizen reception office shall closely coordinate with the citizen reception board in notifying the situation of citizen reception within their responsibility; providing information; discussing guidelines for handling related or complicated cases and matters and professional problems; and monitoring, urging and examining the situation of citizen reception at the citizen reception office.

5. A citizen reception board shall assume the prime responsibility for, and coordinate with representatives of agencies and organizations participating in regular citizen reception at the citizen reception office, related agencies, organizations and units and local People’s Committees in, taking measures to support citizens when necessary.

Article 14. Coordination in reception and guidance of citizens

1. Citizen reception boards at all levels shall organize officers on duty, and safeguard, administrative, clerical and instruction sections to serve citizens.

The section or civil servants assigned to receive and guide citizens of a citizen reception board shall receive, guide and refer citizens to representatives of agencies and organizations participating in regular citizen reception at the citizen reception office for making complaints, denunciations, petitions or reports in accordance with law.

2. Representatives of agencies and organizations participating in regular citizen reception at citizen reception offices shall receive and handle complaints, denunciations, petitions and reports within the scope of their assigned tasks.

3. Citizen reception boards shall monitor and review the citizen reception and handling of complaints, denunciations, petitions and reports at citizen reception offices.

Article 15. Coordination in monitoring and urging

1. A citizen reception board may request competent agencies, organizations or units to promptly settle within prescribed time limits complaints, denunciations, petitions and reports forwarded by the former.

For a matter or case whose settlement is delayed or which is not settled, the head of the central or provincial- or district-level citizen reception board shall report it respectively to the Inspector General of the Government Inspectorate of Vietnam or to the chairperson of the provincial-or district-level People’s Committee for examination of responsibilities of agencies, organizations, units and persons competent to settle that matter or case.

If detecting an agency or organization or a unit or person violating law, it shall propose a competent agency to handle in accordance with law. If detecting criminal signs, the head of the central or provincial- or district-level citizen reception board shall propose the Inspector General of the Government Inspectorate of Vietnam or the chairperson of the provincial- or district-level People’s Committee respectively to forward records of the matter or case to investigation agencies for handling in accordance with law.

2. The head of a citizen reception board may request competent persons of agencies and organizations participating in regular citizen reception at the citizen reception office to coordinate in and assign staff to participate in examination when required.

3. Agencies and organizations participating in regular citizen reception at a citizen reception office shall coordinate with the citizen reception board in sending staff to participate in the examination team and provide related information and documents.

Article 16. Coordination in protecting citizen reception offices, citizen reception officers and persons making complaints, denunciations, petitions or reports

1. Coordination in protecting citizen reception offices and citizen reception officers:

a/ A citizen reception board shall coordinate with the public security agency in ensuring security, order and safety for citizen reception officers at the citizen reception office; hold monthly and quarterly meetings to review and evaluate the coordination in protecting the citizen reception office;

b/ Within the scope of its tasks and powers, the public security agency shall coordinate with the citizen reception board and agencies and organizations participating in regular citizen reception at the citizen reception office and related agencies, organizations and units in ensuring security, order and safety for citizen reception officers at the citizen reception office and handle violators in accordance with law.

2. Coordination in protecting persons making complaints, denunciations, petitions or reports:

a/ Persons making complaints, denunciations, petitions or reports at a citizen reception office shall be respected and protected by agencies and organizations; and may receive explanations and guidance to exercise the right to make complaints, denunciations, petitions and reports in accordance with law.

Responsible agencies and organizations shall ensure confidentiality for and take measures to protect denouncers in accordance with law;

b/ Citizen reception agencies, organizations and officers shall show proper attitude toward, respect for, listen to, give explanations and instructions for citizens to exercise the right to make complaints, denunciations, petitions and reports in accordance with law;

Citizen reception officers may neither trouble, harass nor obstruct persons making complaints, denunciations, petitions or reports, nor discriminate citizens when receiving them.

Article 17. Coordination in handling cases involving many people making complaints, denunciations, petitions or reports on the same matter

1. Citizen reception boards at all levels shall closely coordinate with agencies and organizations participating in regular citizen reception at citizen reception offices, related agencies, organizations and units and state inspection agencies at all levels in handling cases involving many people making complaints, denunciations, petitions or reports on the same matter.

2. Agencies and organizations participating in regular citizen reception at citizen reception offices and state inspection agencies at all levels shall closely coordinate with citizen reception boards in handling cases involving many people making complaints, denunciations, petitions or reports on the same matter.

3. Related agencies and organizations shall closely coordinate with citizen reception boards in receiving citizens, provide related information and documents, settle cases and matters within their competence, mobilize, persuade and take measures for citizens to return to their localities, and take other measures to handle cases involving many people making complaints, denunciations, petitions or reports on the same matter.

Chapter V

CONDITIONS FOR CITIZEN RECEPTION ACTIVITIES

Article 18. Conditions for citizen reception activities

1. Heads of agencies, organizations and units shall assign cadres who are responsible and professionally and morally qualified to receive citizens according to practical demand; arrange convenient offices and places for citizen reception, ensure physical foundations and other conditions to serve citizen reception work; and properly implement preferential treatment policies and regimes for citizen reception officers.

2. The State shall ensure funds for citizen reception activities of agencies, organizations and units. The estimation, use and settlement of funds for citizen reception activities must comply with law.

3. The Government Inspectorate of Vietnam shall assume the prime responsibility for, and coordinate with related agencies in, developing a national database on citizen reception and settlement of complaints, denunciations, petitions and reports for connection nationwide.

Ministries, sectors and People’s Committees at all levels shall develop databases on citizen reception and settlement of complaints, denunciations, petitions and reports within their agencies and localities for connection to the database of the Government Inspectorate of Vietnam.

4. The Ministry of Public Security and public security agencies at all levels shall ensure security, order and safety for citizen reception officers at citizen reception offices at all levels.

Article 19. Policies and regimes for citizen reception officers

1. Citizen reception officers are entitled to the following regimes and policies:

a/ Allowances prescribed in this Decree;

b/ Training in professional knowledge in citizen reception.

Heads of agencies, organizations and units responsible for receiving citizens shall decide on professional training for their citizen reception officers under the guidance of the Inspector General of the Government Inspectorate of Vietnam;

c/ Officers regularly receiving citizens at citizen reception offices are entitled to the regime on outfit for citizen reception.

The Inspector General of the Government Inspectorate of Vietnam shall provide the design and quota of outfit for officers regularly receiving citizens after consulting the Ministry of Finance.

2. Persons who are transferred or assigned to receive citizens or serve the work of citizen reception and settlement of written complaints, denunciations, petitions and reports are entitled to the allowance regime prescribed in this Decree.

Article 20. Scope of application of the allowance regime to persons receiving citizens and processing written complaints, denunciations, petitions and reports

The allowance regime applies to persons receiving citizens and processing written complaints, denunciations, petitions and reports at citizen reception offices and places:

1. Central citizen reception offices; citizen reception places of ministries, ministerial- level agencies, general departments and equivalent organizations; departments; organizations of ministries and ministerial-level agencies; the Supreme People’s Procuracy, the Supreme People’s Court, the State Audit Office; the Vietnam Fatherland Front Central Committee; and central agencies of socio-political organizations.

2. Provincial-level citizen reception offices; citizen reception places of specialized agencies of provincial-level People’s Committees; agencies under specialized agencies of provincial-level People’s Committees; provincial-level People’s Procuracies, provincial-level People’s Courts; provincial-level Fatherland Front Committees; and agencies of provincial- level socio-political organizations.

3. District-level citizen reception offices; citizen reception places of specialized agencies of district-level People’s Committees; district-level People’s Procuracies, district-level People’s Courts; district-level Fatherland Front Committees; and agencies of district-level socio-political organizations.

4. Commune-level citizen reception places.

5. Citizen reception places at government-attached agencies and units of government- attached agencies; and public non-business units.

Article 21. Beneficiaries of the allowance regime upon citizen reception and settlement of written complaints, denunciations, petitions and reports

1. Cadres and civil servants of the agencies, organizations and units specified in Article 20 of this Decree who are assigned by competent authorities to receive citizens and process written complaints, denunciations, petitions and reports at citizen reception offices or places.

2. Heads and deputy heads of agencies, organizations and units responsible for receiving citizens regularly or irregularly; cadres and civil servants appointed by competent authorities to receive citizens and process written complaints, denunciations, petitions and reports at citizen reception offices or places.

3. Cadres and civil servants; officers, noncommissioned officers, soldiers, professional servicemen and defense staff in the armed forces; guards, health and transport workers who are assigned by competent authorities to collaborate in receiving citizens, maintaining security and order or ensuring medical care at citizen reception offices or places.

4. Heads and deputy heads of agencies, organizations and units and cadres and civil servants assigned by competent authorities to be specialized in processing written complaints, denunciations, petitions and reports.

Article 22. Principles of application and levels of allowance

1. The allowance regime shall be calculated based on workdays for cadres and civil servants assigned to receive citizens and process written complaints, denunciations, petitions and reports at citizen reception offices or places.

2. For other persons, the allowance regime shall be calculated based the actual workdays of cadres and civil servants assigned to receive citizens and process written complaints, denunciations, petitions and reports.

3. The Inspector General of the Government Inspectorate of Vietnam and the Minister of Finance shall provide the levels of allowance for persons receiving citizens and processing written complaints, denunciations, petitions and reports; and the management, use, payment and settlement of allowances.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 23. Effect

This Decree takes effect on August 15, 2014.

Provisions on citizen reception of Chapter V of the Government’s Decree No. 75/2012/ND-CP of October 3, 2012, detailing a number of articles of the Law on Complaints, and Decree No. 89/CP of August 7, 1997, promulgating the Regulation on organization of citizen reception, cease to be effective on the effective date of this Decree.

Article 24. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, agencies, organizations and units shall implement this Decree.-

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