Chương 3 Nghị định 75/2012/NĐ-CP hướng dẫn luật khiếu nại: Nhiều người cùng khiếu nại về một nội dung

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.