Chương III: Nghị định 64/2014/NĐ-CP hướng dẫn Luật Tiếp công dân Nhiệm vụ, quyền hạn, cơ cấu, tổ chức của các ban tiếp công dân; việc bố trí cơ sở vật chất của trụ sở tiếp công dân, địa điểm tiếp công dân

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.