Nghị định 75/2012/NĐ-CP hướng dẫn luật khiếu nại

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------------
No.: 75/2012/ND-CP	Hanoi, October 03, 2012

 

DECREE

DETAILING A NUMBER OF ARTICLES OF THE LAW ON COMPLAINTS

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

Pursuant to the Law on Complaints dated November 11, 2011;

At the request of the General Inspector of the Government;

The Government issues the Decree detailing a number of Articles of the Law on Complaints,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of governing

This Decree shall detail the following Articles of the Law on Complaints:

1. Clause 2 of Article 3 of the complaints and settlement of complaints in the public service providing units, state-owned enterprises;

2. Clause 4 of Article 8 of the many people together complain the same content;

3. Article 23, Article 24, Article 26 of the consideration of settlement of complaints of violations of law;

4. Clause 3 of Article 41 of the publication of decision on settlement of the complaints;

5. Clause 4 of Article 46 on the implementation of the valid decision to settle complaints; Clause 2 of Article 58 on the implementation of the decision to settle complaints against valid decisions on disciplinary of officials and civil servants;

6. Chapter V of reception of citizens.

Article 2. Application Subjects

This Decree applies to Vietnamese agencies, organizations, citizens; foreign agencies, organizations and individuals in Vietnam in the complaint of administrative decision, administrative acts, except the international agreements which Socialist Republic of Vietnam is a contracting party otherwise provided for.

Chapter 2.

COMPLAINTS AND SETTLEMENT OF COMPLAINTS IN THE PUBLIC SERVICE PROVIDING UNITS, STATE-OWNED ENTERPRISES

Article 3. Complaints, settlement of complaint against administrative decisions, administrative acts in the public service providing units, state-owned enterprises

1. Complaint against administrative decisions, administrative acts in the public service providing units, state-owned enterprises is the one that citizens, agencies, organizations, public servants, workers in the public service providing units, state-owned enterprises (hereinafter referred to as the complainant) in accordance with the procedures set out in the Complaint Law and this Decree propose the public service providing units, state-owned enterprises, those who are competent in the units, enterprises to review their administrative decisions, administrative acts when there are grounds to assume that those decisions, acts are unlawful, infringe their legitimate rights and interests.

2. The heads of the public service providing units, the legal representatives of the state-owned enterprises have jurisdiction for first settlement of complaints for their administrative decisions, administrative acts, of officials, public servants, employees under their direct management.

3. The heads of the superior public service providing units have jurisdiction for second settlement of complaints for their administrative decisions, administrative acts which the heads of public service providing units settled in accordance with provisions of Clause 2 of this Article but they still have been complained; for public service providing units having no the superior public service providing units, the heads of state agencies managing the public service providing units shall have jurisdiction for second settlement of complaints.

Complaints against: administrative decisions, administrative acts of public service providing units decided to establish by the Prime Minister, ministers, heads of ministerial-level agencies of state management on branches, sectors are the one who are competent for second settlement of complaints.

4. The legal representatives of the superior State-owned enterprises are competent for second settlement of complaints for administrative decisions, administrative acts that the legal representatives of subordinate state-owned enterprises firstly settled but they still have been complained.

For state-owned enterprises decided to establish by the Ministers, Chairmen of the provincial-level People's Committees, the ministers, Chairmen of provincial-level People's Committees are competent for second settlement of complaints.

For state-owned enterprises decided to establish by the Prime Minister, the ministers, heads of ministerial-level agencies of state management in the major business lines of the enterprises are competent for second settlement of complaints.

5. The rights and obligations of the complainants, the complained being persons, the complaint settling persons, the prescription for claims, the time limit for settling complaints, order and procedures for settling complaints against administrative decisions, administrative acts in the public service providing units, state-owned enterprises shall comply with the provisions of the Law on Complaints and this Decree.

Article 4. Complaints and settlement of complaints on the disciplinary decisions of civil servants and public employees in the public service providing units, workers in state enterprises

1. The complaints on the disciplinary decisions of officials and public servants, public employees; prescription for complaints; time limit for complaint settlement; competence to settle the complaints; order and procedures for settling complaints against the disciplinary decisions of civil servants and public employees in the public service providing units, employees in the state-owned enterprises shall comply with the provisions on complaints and settlement of complaints and disciplinary decisions of officials and civil servants in Chapter IV of the Law on Complaint and this Decree.

2. Complaints on disciplinary decisions against the heads of the public service providing units, the legal representatives of the state-owned enterprises appointed by the Prime Minister, the Minister of Home Affairs is the one who has jurisdiction for settlement.

Chapter 3.

MANY PEOPLE TOGETHER COMPLAIN A CONTENT

SECTION 1. APPOINTMENT OF REPRESENTATIVE TO PRESENT THE COMPLAINT

Article 5. The number of representatives

1. While many people complain together in the same content, they must appoint a representative to present the complaint. The representative must be the complainant.

2. The appointment of representative shall be conducted as follows:

a) In case of having 5 to 10 complainants, then appoint one or two representatives;

b) In case of having 10 or more complainants, then may appoint additional representatives, but not more than 5 people.

Article 6. Documents for appointing the representatives

1. The appointment of a representative to present a complaint under the provisions of Point a, Point b, Clause 4 of Article 8 of the Law on Complaints is expressed in writing.

2. Document appointing a representative for the complaint must contain the following contents:

a) Day, month, year;

b) Full name and address of the representative for the complaint, the complainants;

c) The contents and scope of representation;

d) The signatures or fingerprints of the complainants;

đ) other related contents (if any).

3. The representative shall be responsible before the law for the legality of the representation and document appointing representative.

SECTION 2. RESPONSIBILITIES OF THE AGENCIES, ORGANIZATIONS AND INDIVIDUALS IN THE COORDINATION OF SETTLEMENT FOR THE CASES MANY PEOPLE TOGETHER COMPLAIN THE SAME CONTENT

Article 7. Responsibilities of agencies, organizations and individuals in the coordination of settlement for the cases many people together complain the same content in communes, wards and townships

1. When arising the cases that many people complain together the same content in communes, wards and townships, Chairmen of the People's Committees of communes, wards and townships (referred to as the commune-level People's Committee chairmen) shall:

a) Assign officials to receive representatives of the complainants for hearing the presentation on the complaint content. In case of complex complaint, the commune-level People's Committee chairman shall preside over and coordinate with the Fatherland Front and the concerned socio-political organizations to receive, listen to representatives of the complainants to present the complaint content;

b) Direct the commune-level People's Public Security force to maintain public order where the complaints gather;

c) Convince and guide the complainants to make the complaints in compliance with the provisions of law.

2. The commune-level People's Public Security force chiefs are responsible for presiding over and coordinating with the security forces, civil defense to maintain public order where the complaints gather; handle the violations according to law provisions.

3. Commune-level People's Committee chairmen assume for settlement in accordance with the law on complaints under their jurisdiction; if the complaints are not under the their jurisdiction, then guide citizens to go to the competent state agency for settlement.

Article 8. Responsibilities agencies, organizations and individuals in the coordination of settlement for the cases many people together complain the same content in rural, urban districts, towns and provincial cities

1. The heads of the agencies where the complainants gather shall appoint officials or he/she shall receive the representatives of the complainants for hearing presentation on the complaint content. Where the complaints are under their jurisdiction, the heads of the agencies shall assume for settlement in accordance with the law provisions; if the complaints do not fall under their jurisdiction, then guide the complaints to go to the competent state agency for settlement.

2. District-level Person in charge of the reception of citizens where the complainants gather shall:

a) Preside over or advise the Chairmen of People's Committees of districts, towns and provincial cities (referred to as district-level People's Committee chairmen) to receive representatives of the complainants;

b) When necessary, request the chairmen of the commune-level People's Committees where the complaints occurred and the concerned agencies and organizations to provide for information and documents on the complaints or appoint persons who have responsibility for receiving representatives of the complainants;

c) Monitor and urge the commune-level People's Committee chairmen in dealing with complaints transferred by their own.

3. District-level People's Committee chairmen directly meet or appoint persons who have responsibility for meeting representatives of the complainants for hearing the presentation on the complaint content; implement the settlement of the complaints in accordance with the law provisions.

4. District-level public security force chiefs are responsible for ensuring security and public order; handling violations according to law provisions.

5. The heads of the relevant state agencies are responsible for providing information and documents on the complaints; participating in reception of representatives of the complainants at the request of the persons who are competent to resolve complaints.

Article 9. Responsibilities of agencies, organizations and individuals in the coordination of settlement for the cases many people together complain the same content in the provinces and cities directly under the Central Government

1. The heads of the agencies where the complainants gather shall appoint officials or he/she shall receive the representatives of the complainants for hearing presentation on the complaint content. Where the complaints are under their jurisdiction, the heads of the agencies shall assume for settlement in accordance with the law provisions; if the complaints do not fall under their jurisdiction, then guide the complaints to go to the competent state agency for settlement.

2. Persons in charge of the citizens receiving offices at the provincial level shall

a) Preside over or advise the Chairmen of People's Committees of provinces and cities directly under the Central Government (hereinafter referred to as provincial-level People's Committee chairmen) to receive representatives of the complainants;

b) When necessary, request the chairmen of the district-level People's Committees where the complaints occurred to join in or appoint persons who have responsibility for receiving representatives of the complainants;

c) Require the concerned agencies and organizations to provide for information and documents on the complaints or joint to receive representatives of the complainants;

d) Monitor and urge the district-level People's Committee chairmen in the settlement of complaints forwarded by the citizens receiving offices.

3. The heads of the public security offices managing areas, provincial-level public security forces’ directors are responsible for ensuring security and public order; handling violations according to law provisions.

4. Chairmen of the provincial-level People's Committees directly meet or appoint persons who have responsibility for meeting representatives of the complainants for hearing the presentation on the complaint content; implement the settlement of the complaints in accordance with the law provisions.

5. The heads of the relevant state agencies are responsible for providing information and documents on the complaints; participating in reception of representatives of the complainants at the request of the persons who are competent to resolve complaints.

Article 10. Responsibilities of agencies, organizations and individuals in the coordination of settlement for the cases many people together complain the same content to the central agencies

1. The heads of the agencies where the complainants gather shall appoint officials or he/she shall receive the representatives of the complainants for hearing presentation on the complaint content. Where the complaints are under their jurisdiction, the heads of the agencies shall assume for settlement in accordance with the law provisions; if the complaints do not fall under their jurisdiction, then guide the complaints to go to the competent state agency for settlement.

2.Person in charge of the reception of citizens of the Party Central Committee and the State shall:

a) Preside over and coordinate with representatives of concerned central agencies and the competent persons of the local People's Committees where the complaints occurred to receive the complainants;

b) When necessary, propose to the chairmen of provincial-level People's Committees where the complaints occurred to directly join in or appoint responsible persons to join in reception of representatives of the complainants;

c) Require the concerned agencies and organizations to provide for information and documents on the complaints or joint to receive representatives of the complainants;

d) Monitor and urge the provincial-level People's Committee chairmen in the settlement of complaints forwarded by the citizens receiving offices;

đ) Coordinate with provincial-level People's Committee chairmen to campaign, persuade citizens to return their localities.

3. Chairmen of the provincial-level People's Committees where the complaints occurred shall:

a) Directly receive or appoint responsible persons to coordinate with the citizens receiving offices of the Party Central Committee and the State and the relevant functioning authorities of the central government to receive representatives of the complainants;

b) Provide for information and documents on the complaints at the request of the competent persons;

c) Settle complaints under their jurisdiction or direct their subordinate management agencies to resolve complaints under the provisions of law;

d) Persuade and convince citizens to return their localities.

4. Commune-level, District-level, provincial-level public security forces managing their respective areas where the complaints occurred are responsible for ensuring security and public order; handling violations according to law provisions.

5. The heads of the relevant state agencies are responsible for providing information and documents related to the complaint at the request of the competent persons to resolve complaints; participating in receiving citizens, handling complaints related to the branches, sectors under their respective management as required.

Article 11. Responsibilities of the General Inspector of Government, the Minister of Public Security, Chairman of the Hanoi People's Committee and Chairman of People's Committee of Ho Chi Minh city

1. Within the scope of their functions, duties and powers, the General Inspector of Government, the Minister of Public Security are responsible for the implementation, guidance, inspection and urging of the People's Committee chairmen, Public Security force, inspection agencies at all levels and other state agencies in handling the case that many people complain together the same content.

2. Chairman of the Hanoi People's Committee, Chairman of People's Committee of Ho Chi Minh City are responsible for support, coordination with the General Inspector of Government, the Minister of Public Security, citizens receiving offices of Party Central Committee and the State in Hanoi and Ho Chi Minh and the concerned ministries, branches in the handling of the cases that many people complain together the same content as required.

Chapter 4.

PUBLICATION OF DECISION ON SETTLING COMPLAINTS; IMPLEMENTATION OF VALID DECISION ON COMPLAINT SETTLEMENT

Article 12. Publication of Decision on complaint settlement

1. Within 15 days from the decision to settle the complaint, those who are competent to settle the second complaint are responsible for publication of decision on complaint settlement in one of the forms prescribed in Clause 2 of Article 41 of the Law on Complaints.

2. In case of publication at the meeting, the meeting attending composition must include: The person who makes decision to resolve the complaint, the complainant or the representatives, person who is complained and concerned agencies, organizations and individuals.

Before conducting the public meetings/person that is competent to settle complaints must send notice to the concerned agencies, organizations and individuals. Notice period should be three days in advance.

3. The notice of the decision on settlement of complaints on the mass media is performed on radio, television, print press, electronic press. Persons who are competent to settle complaints are responsible for choosing one of the mass media to make the announcement. In case the agency of person who is competent to settle complaints has e-portal or electronic information page, it must be publicized on e-portal or electronic information page.

The number of times publicized on the radio: at least 02 times; television: at least 02 times; print press: at least 02 times; time to publish in the e-press, on the electronic portal or on electronic information page is at least 15 days from the date of notification.

4. In case of posting in offices or places where receive citizens of the agencies, organizations that have resolved the complaints, time to post complaint settlement decisions is at least 15 days from the date of post.

Article 13. Responsibilities of persons who handle complaints in the implementation of the valid decision to settle complaints

1. Within scope, duties and powers, persons who are competent to settle complaint shall direct the concerned agencies, organizations and individuals to implement the valid decision to settle complaints issued by their own.

Based on the complaint content, the function of state management, persons who are competent to settle complaint assign to specialized agencies or subordinate state administrative agency to implement the valid decision to settle complaints. The assignment of tasks is done in writing.

Persons who are competent to settle complaint shall monitor, urge and inspect the implementation of the valid decision to settle complaints; timely handle the problems arising during the implementation or send petition to the competent agencies, organizations and individuals for handling.

Article 14. Responsibilities of the persons who are complained in the enforcement of the valid decision to settle complaints

1. To issue documents to make the decision to settle complaint when the decision to settle complaint amending, supplementing or cancelling part or all of the administrative decision.

2. When the decision to settle complaint concluded that the administrative decision is lawful, then request the complainant to comply with the decision. Where the decision to settle complaint concluded the administrative decision is unlawful, it is required to modify, supplement or replace the administrative decision, and restore the legitimate rights and interests of the complainant.

3. When the decision to settle complaint concluded that the administrative act is lawful, then request the complainant to comply with the act. Where the decision to settle complaint concluded the administrative act is unlawful, it is required to stop the act.

4. To organize the enforcement of administrative decisions in accordance with the law.

5. To preside over and coordinate with the concerned agencies in taking measures to restore the legitimate rights and interests of the complainants and the concerned persons who have been violated.

6. To propose the other competent agencies for solving problems related to the implementation of the decision to settle complaints (if any).

Article 15. The responsibility of the complainants in the implementation of the valid decision to settle complaints

1. To coordinate with the competent agencies, organizations and individuals to restore their rights and legitimate interests infringed by administrative decisions, administrative acts (if any).

2. To execute the administrative decisions, administrative acts to be complained if the administrative decisions, administrative acts are concluded by competent person that they are lawful.

3. To execute the decisions of the competent authority to implement the valid decision to settle complaints.

Article 16. Responsibilities of the persons who have concerned rights and legitimate interests in the implementation of the valid decision to settle complaints

1. To collaborate with the competent agencies, organizations and individuals in restoration of the rights and legitimate interests of the complainants; their rights and legitimate interests infringed by administrative decisions, administrative acts contrary to law.

2. To execute the administrative decisions of the competent authority to make the valid decision to settle complaints with content related to their rights and legitimate interests.

Article 17. Responsibilities of agencies, organizations managing officials and civil servants in the implementation of the valid decision to settle complaints

Agencies, organizations managing officials and civil servants having administrative decisions, administrative acts complained within their functions, duties and powers are responsible for executing the valid decision to settle complaints; guiding, inspecting and urging officers and public servants in the implementation of the valid decision to settle complaints.

Article 18. Responsibility of the agencies assigned the organization to implement the valid decision to settle complaints

Agencies assigned the organization to implement the valid decision to settle complaints must adopt the necessary measures to ensure the valid decision to settle complaints is enforced strictly; monitor, inspect, urge officials, civil servants assigned to carry out the execution; report to the competent persons for promptly handling the problems arising in the course of execution of the valid decision to settle complaints.

Article 19. Responsibilities of the other agencies, organizations and individuals in the implementation of the valid decision to settle complaints

Within the scope of their functions, duties, powers, authorities, organizations and individuals shall have to abide by administrative decision of the competent authority to make the decision to settle complaints have legal effect; coordinate with agencies, organizations and individuals competent in the implementation of the decision to settle complaints have legal force when required.

Within their functions, duties and powers, concerned agencies, organizations, individuals are responsible for executing administrative decision of the competent authority to execute the valid decision to settle complaints; coordinating with the competent agencies, organizations and individuals in the organization to implement the valid decision to settle complaints when required.

Article 20. Review of the settlement of complaints to be violated the law

1. When detecting the settlement of complaints to be violated the law, causing damage to the interests of the State, the rights and legitimate interests of citizens, agencies, organizations or have new circumstances altering the contents of the complaint, the Prime Minister requests the competent persons to re-settle the complaints or assign the General Inspector of the Government, ministers, heads of ministerial-level agencies to inspect and review the cases, report to the Prime Minister for directing settlement.

2. When detecting the settlement of complaints to be violated the law, causing damage to the interests of the State, the rights and legitimate interests of citizens, agencies, organizations or have new circumstances altering the contents of the complaints, the General Inspector of the Government, ministers, heads of ministerial-level agencies propose the competent persons for re-settling the complaints or report to the Prime Minister.

3. Results of inspection, review of the complaints are handled as follows:

a) If the Prime Minister concluded that the settlement of the complaint is lawful, the person who makes decision to settle complaint shall organize the enforcement of the decision to resolve the complaint and publicly announce the termination of the review, the handling of the complaint.

b) If the Prime Minister concluded that the settlement of the complaint is not lawful partly or wholly, the person who makes decision to settle complaint must re-settle the complaint and publicly announces the re-settlement of the complaint.

c) Persons who settle the complaints, the complainants, persons who are complained, persons who have the related rights and obligations, the concerned agencies, organizations and individuals are responsible for implementing the directions, conclusions of the Prime Minister; proposal of the General Inspector of the Government, ministers, heads of ministerial-level agencies for the settlement of the complaint.

Chapter 5.

RECEPTION OF CITIZENS

SECTION 1. HEAD OFFICE, PLACE TO RECEIVE CITIZENS

Article 21. Offices to receive citizens of the Party Central Committee and the State

1. Offices to receive citizens of the Party Central Committee and the State located at Hanoi and Ho Chi Minh City shall assist the Party Central Committee, the National Assembly, and the Government to receive citizens who come to make complaints, denunciations and petitions, reflection.

Offices to receive citizens of the Party Central Committee and the State have its seals and accounts.

Offices to receive citizens of the Party Central Committee and the State shall:

a) To receive citizens, guide, explain and mobilize and persuade citizens to comply with the guidelines and policies of the Party and State law;

b) To receive the written complaints and denunciations, proposals, reflections;

c) To classify, handle written complaints and denunciations, proposals, reflections;

d) To monitor and urge the settlement of complaints and denunciations, proposals, reflections of the competent agencies.

2. Government Inspectorate shall preside over, coordinate with the Government Office, the Office of the National Assembly, the Office of the Party Central Committee, the Central Inspection Committee, the Board of the citizens’ will of the National Assembly Standing Committee to arrange officials to do standing duty of citizen reception at the offices.

Office to receive the citizens of the Party Central Committee and the State are organized into the professional divisions.

3. Persons who are in charge of citizens receiving offices of the Party Central Committee and State are the department-level officials assigned by the Inspector General of Government.

4. Persons who are in charge of citizens receiving offices of the Party Central Committee and State shall:

a) Preside over the coordination between officials of the agencies participating in reception of citizens at the offices;

b) Request the relevant State agencies to assign responsible officials to the citizens receiving office to coordinate the reception of citizens, to discuss measures to handle in the case of many people to make complaints, denunciations and petitions, reflection;

c) To preside over and coordinate with the concerned agencies to prepare plans, programs, records and documents for the competent persons of the Party Committee and State to receive citizens;

d) To inspect, urge, request the ministries, sectors and provincial-level People's Committees to answer the settlement of complaints and denunciations, petitions, reflection of citizens forwarded by the officials receiving citizens of the offices;

đ) To synthesize the situation, results of the reception of citizens; regularly and irregularly report to the General Inspector of the Government for reporting to the Party Central Committee, National Assembly and the Government on the reception of citizens of the office;

e) To manage assets in the citizens receiving offices of the Party Central Committee and the State.

Article 22. The organization of citizens reception in the ministries, ministerial-level agencies, the Governmental agencies

Ministries, ministerial-level agencies, the Governmental agencies organize the citizens reception at the agencies' head offices. Ministers, heads of ministerial-level agencies, the heads of the Governmental agencies establish the offices of citizens reception of ministerial Inspectorate, ministerial-level agencies, the Governmental agencies to assist the heads of agencies to receive citizens who come to make complaints, denunciations, proposals, reflection.

Article 23. Citizens receiving offices of the provinces and cities directly under the Central Government

1. Citizens receiving offices of the provinces and cities directly under the Central Government (hereinafter referred to as provincial-level) shall assist the Party Committee, People's Council and People's Committee, National Assembly delegation to organize the citizens reception. Citizens receiving offices managed by the provincial-level People's Committee Offices have their separate seals and accounts.

The provincial-level Citizens receiving offices are responsible for:

a) Receiving citizens; guiding, explaining and mobilizing and persuading citizens to comply with the guidelines and policies of the Party and State law;

b) Receiving the written complaints and denunciations, proposals, reflection;

c) Classifying, handling written complaints and denunciations, proposals, reflection;

d) Monitoring, urging the settlement of complaints and denunciations, proposals, reflection of the competent agencies.

2. The offices of the provincial-level People's Committees collaborate with the Offices of the National Assembly delegations and People's Councils, the Offices of the Provincial Party Committees, Inspection Commission of the Provincial Party Committees to arrange officials to do standing duty of citizens reception in the offices.

Citizens receiving offices at the provincial level are organized into the professional divisions. Provincial-level People's Committee chairmen appoint Deputy Chief Office of the People's Committees to be in charge of citizens receiving offices.

3. Persons who are in charge of citizens receiving offices at the provincial level shall:

a) Preside over the coordination of works between the officials of the agencies participating in reception of citizens at the office;

b) Request the competent State agencies to assign responsible officials to citizens receiving offices to coordinate the participation in citizen reception, to discuss measures to handle when there are many people to make complaints, denunciations and petitions, reflection;

c) Preside over and coordinate with the concerned agencies to prepare plans, programs, records and documents for the competent persons of the Party Committee, People's Council, People's Committee, the delegation of the National Assembly to receive citizens;

d) Inspect, urge, request the heads of departments, boards, branches and district-level People's Committee chairmen to answer the settlement of complaints and denunciations, petitions, reflection of citizens forwarded by the officials receiving citizens of the offices;

đ) Coordinate with the provincial-level chief inspector to synthesize the situation and results of the citizens reception; report to the Government Inspectorate and the Party Committees, People's Councils and People's Committees at the same level of the citizen reception of the offices and the areas;

e) Manage assets in the citizens receiving offices.

4. Chairman of the Hanoi city People's Committee and Chairman of People's Committee of Ho Chi Minh City based on the characteristics, situation of the locality to organize the citizens receiving model accordingly, to ensure the effectiveness of citizens reception.

Article 24. The organization of citizens reception in rural, urban districts, towns and provincial cities

1. The reception of citizens in rural, urban districts, towns and provincial cities (collectively called as District-level) is done at offices of the district-level People's Committees. Officer in charge of reception of citizens shall assist the District Party Committee, district-level People's Council, People's Committee to organize the reception of citizens who come to make complaints and denunciations, proposals, reflection; monitor and urge the progress of settlement of the competent agencies.

Persons in charge of the reception of citizens in the district level are used the seals of the district-level People's Committee Offices in citizens receiving activity.

2. District-level People's Committee Office collaborates with the Office of the People's Council, Office of the District Party Committee, District Inspectorate, District Party Committee Inspection Commission to arrange officials to do standing duty of citizens reception. District-level People's Committee chairmen appoint Deputy Chief Office of the People's Committees to be in charge of citizens reception at the place of receiving citizens of district level.

3. Persons in charge of reception of citizens in the places of receiving citizens of the district level shall:

a) Preside over the coordination of works between the officials of the agencies participating in reception of citizens in the places of receiving citizens;

b) Request the competent State agencies to assign responsible officials to the places of receiving citizens to coordinate the participation in citizen reception, to discuss measures to handle when there are many people to make complaints, denunciations and petitions, reflection;

c) Preside over and coordinate with the concerned agencies to prepare plans, programs, records and documents for the competent persons of the Party Committee, People's Council, People's Committee to receive citizens;

d) Inspect, urge, request the heads of departments, boards of district-level People's Committees, commune-level People's Committee chairmen answer the settlement of complaints and denunciations, petitions, reflection of citizens forwarded by the officials receiving citizens;

đ) Coordinate with the district-level chief inspector to synthesize the situation and results of the citizens reception; report to the provincial-level chief inspector and the Party Committees, People's Councils and People's Committees of the citizen reception;

e) Manage assets in the places of receiving the citizens of the district level.

Article 25. The reception of citizens in communes, wards and townships

1. The reception of citizens in communes, wards and townships (hereinafter referred to as the commune level) is done at the offices of the People's Committees. Commune-level People's Committee chairmen are directly in charge of citizen reception; or assign judicial officials or cadastral officials concurrently to be in charge of citizens reception.

2. Officials receiving citizens are responsible for:

a) Receiving citizens; guiding, explaining and mobilizing and persuading citizens to comply with the guidelines and policies of the Party and State law;

b) Receiving the written complaints and denunciations, proposals, reflection;

c) Classifying, handling written complaints and denunciations, proposals, reflection.

Article 26. Guidance on the organizational structure of the office to receive citizens

General Inspector of the Government consults with the Minister of Home Affairs in guideline of the organizational structure of the citizens receiving offices, staff, officials receiving citizens.

SECTION 2. HANDLING OF COMPLAINTS, DENUNCIATIONS, PROPOSALS, REFLECTION UPON RECEPTION OF CITIZENS; STANDARDS OF OFFICIALS RECEIVING CITIZENS

Article 27. Handling of complaints, denunciations, proposals, reflection upon the reception of citizens

1. The handling of the complaint upon reception of citizens is done as follows:

a) In case citizens directly come to present complaints that the complaints are under the jurisdiction of the heads of agencies, officials receiving citizens guide citizens to write application for complaints, or make in writing the contents of complaints that the citizens presented and ask the complainants to sign or fingerprint on the documents; record into the complaint monitoring book; report to the heads of the agencies for settlement in accordance with the law provisions; if the complaints are not under the jurisdiction of the heads of the agencies, guide citizens to send complaints to the competent agency;

b) In case citizens send written complaints, officials receiving citizens receive and process as prescribed at Point a, Clause 1 of this Article.

2. The settlement of denunciations, proposals, reflection upon the reception of citizens is done as follows:

a) In case citizens directly come to present their denunciations, proposals, reflection, officials receiving citizens shall record contents of the denunciations, proposals, reflection in the citizens receiving book; for denunciations, request the denunciators to sign or make fingerprint in the records of the denunciation contents; for proposals or reflection, if it deems necessary or at citizens’ requirements, request them to sign. If the denunciations, proposals, reflection are under the jurisdiction of the heads of the agencies, report to the heads of the agencies for settlement in accordance with law provisions; if the denunciations, proposals, reflection are not under the jurisdiction of the heads of the agencies, guide citizens to go to the competent agencies, organizations and individuals for settlement.

b) In case citizens directly come to submit the written denunciations, proposals, reflection, officials receiving citizens shall receive and process as prescribed at Point a, Clause 2 of this Article.

3. When receiving persons who make the complaints and denunciations, proposals, reflection, officials receiving citizens have the rights:

a) To require citizens to present identification card, to honestly present the cases, provide for the relevant documents; record in the monitoring book;

b) Where many people come together to make complaints, denunciations, proposals reflection, request them to appoint a representative to present.

Article 28. Criteria and allowances of officials receiving citizens

1. Officials receiving citizens are the state public servants having quality, good ethics; knowledge and understanding of the policies and guidelines of the Party, policies and laws of the State; for officials receiving citizens from district level or higher, they must be university graduates.

2. Officials receiving citizens are entitled to receive special allowances in accordance with provisions of the Finance Minister and the General Inspector of Government.

3. Ministers, heads of ministerial-level agencies, the heads of the Governmental agencies, the provincial-level People's Committee chairmen shall organize professional training of citizens reception.

SECTION 3. RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS IN THE RECEPTION OF CITIZENS

Article 29. Responsibilities to receive the citizens of the heads of the agencies or organizations

1. The heads of the agencies or organizations are responsible for receiving citizens under the provisions of Article 61 of the Law on Complaints.

2. The Ministers, heads of ministerial-level agencies, the heads of the Governmental agencies, the provincial-level People's Committee chairmen shall have guidance, inspection and urging all levels and all sectors under their management in the implementation of the reception of citizens in their branches and localities.

Every quarter, before the 20th of the last month of the quarter, synthesize the situation, the results of the reception of citizens, report to the Government Inspectorate for report to the Government.

3. Chairmen of the provincial-level People's Committees, the district-level People's Committee Chairmen arrange common site for the People's Council, People's Committee, the delegation of the National Assembly, socio-political organizations of the same level to receive citizens coming to lodge complaints and denunciations, proposals or reflection.

4. Within the scope of their functions and powers, the provincial-level People's Committee chairmen shall be responsible for leading and organizing the reception of citizens. Provincial-level People's Committee chairmen shall directly receive citizens per month for at least one day; when necessary, assign deputy chairmen of provincial-level People's Committees to receive citizens.

5. The agencies of State Inspectorate, Natural Resources and Environment, Construction, Labor, War Invalids and Social Affairs, Public Security, Health, Education and Training in the central and provincial levels have the responsibility to organize the regular citizens reception. The other agencies, organizations organize the weekly citizens reception.

Article 30. Responsibilities of the concerned agencies and units in the reception of citizens

1. The heads of the competent agencies, units must consider and settle within the time limit prescribed by law the complaints, denunciations and proposals, reflection of citizens forwarded by the citizens receiving offices. When having results of settlement, reply to persons who made the complaints and denunciations, proposals, reflection according to the law provisions and inform the citizens receiving offices.

2. For complaints and denunciations, proposals or reflection forwarded to the agencies, units, if beyond the prescribed time limit that they are not resolved, the persons in charge of offices, places of receiving citizens request the heads of the agencies, units to settle, if the request is not met, propose to the competent agencies to attribute responsibility in accordance with the law provisions.

Article 31. Responsibility of the public security agency in the reception of citizens

1. The Minister of Public Security is responsible for directing the Public Security force to coordinate with other concerned state agencies in ensuring security and order where citizens are received; handling the acts of violations of the laws in the places where citizens are received.

2. The heads of the Public Security agencies at all levels are responsible for coordinating closely with the heads of the competent state agencies in ensuring security and order in the places where citizens are received.

3. Public Security agencies at the localities are responsible for protecting safety of citizens receiving offices of the state agencies in the areas; handling persons who abuse complaints, denunciations and proposals, reflection to commit the acts of violations of the law in the places where citizens are received.

Article 32. Responsibilities of the State inspection agencies in the reception of citizens

1. Government inspectorate shall assist the Government in the state management on the citizens reception; guide the ministries, branches and localities on the work, organization, professional kill of citizens reception; build and manage database of the reception of citizens; handle the written complaints and denunciations, proposals and reflection. Perform periodic reporting regime to the Government and the National Assembly on citizens reception.

2. Chief Inspector at all levels and branches are responsible for assisting ministers, heads of ministerial-level agencies, the heads of the Governmental agencies, Chairmen of the People's Committees of the same level to manage the citizens reception of the ministries, branches, localities; perform periodic reporting regime on citizens reception to the heads of ministries, branches or Party committees, the Standing People's Councils and People's Committee chairmen at the same level.

Article 33. Responsibility for coordination of the agencies and organizations in the reception of citizens

1. The state agencies are responsible for coordinating, assigning officials to participate in receiving citizens, providing information for the Offices, the places of receiving citizens to do well the citizens reception.

2. The citizens receiving offices of the Party Central Committee and the State shall coordinate with concerned ministries, branches and localities to work effectively the citizens reception.

Chapter 6.

IMPLEMENTATION PROVISIONS

Article 34. Effect

This Decree takes effect from November 20, 2012 and replaces the provisions on complaints and settlement of complaints and citizens reception in the Decree No.136/2006/ND-CP of November 14, 2006 of the Government detailing and guiding the implementation of some Articles of the Law on complaints and denunciations and the Law Amending and Supplementing a Number of Articles of the Law on complaints and denunciations.

All previous regulations contrary to this Decree are hereby repealed.

Article 35. Responsibility for implementation

Ministers, heads of ministerial-level agencies, the heads of the Governmental agencies, chairmen of the People's Committees of provinces and cities directly under the Central Government shall implement this Decree./.

 

FOR THE GOVERNMENT PRIME MINISTER Nguyen Tan Dung