Chương 4 Nghị định 75/2012/NĐ-CP hướng dẫn luật khiếu nại: Công khai quyết định giải quyết khiếu nại; thi hành quyết định giải quyết khiếu nại có hiệu lực pháp luật

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.