Chương 5 Nghị định 75/2012/NĐ-CP hướng dẫn luật khiếu nại: Tiếp công dân

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.