Chương II Thông tư 05/2021/TT-TTCP: Tiếp nhận, phân loại và xử lý đơn

Chapter II

ACKNOWLEDGEMENT OF RECEIPT, SORTING, PROCESSING AND HANDLING OF STATEMENTS

Article 5. Acknowledgement of receipt of statements

Statements shall be sorted out and processed after being received from the following sources:

1. Statements sent by post;

2. Statements sent to citizen reception offices, departments, venues or clerical departments or suggestion mailboxes of business or regulatory institutions; 

3. Statements referred to by National Assembly deputies, National Assembly delegations, agencies of the National Assembly and the Standing Committee of the National Assembly, People's Council deputies, committees of the People's Councils, Vietnam Fatherland Front Committees and their member organizations, press agencies and other agencies, organizations and units according to the provisions of law;

4. Statements referred to by leaderships of the Party, State and Party agencies.

Article 6. Sorting of statements

1. Sorting statements out by their contents, purposes and requirements of signers of these statements, but not by the titles of these statements.

Each statement may be classified into the followings:

a) Statement of complaint;

b) Statement of accusation;

c) Statement of petition or grievance;

d) Mixed-purpose statement.

2. Sorting statements out by processing and handling requirements into those qualified or unqualified for processing and handling.

a) A statement is qualified for processing and handling when it meets the following requirements:

- It is written in Vietnamese. If a statement is written in a foreign language, a notarized translation must be sought; the statement must clearly specify the day, month and year on which the statement is composed; the full name and address of the signer; the signer’s signature or fingerprint;

- The statement of complaint needs to clarify the full name and address of the authority, entity or person who is the subject of complaint; subject matters of, reasons for the complaint, documents involved in subject matters of the complaint and requirements of the person making complaint;  

- The statement of accusation needs to clarify the full name and address of the person making accusation; alleged acts of violation against laws; approaches for contact with the person making accusation and other relevant information;

- The statement of petition or grievance needs to clarify subject matters of petition or grievance;

- The statement without the full name and address of the person submitting the statement needs to have subject matters of accusation regarding an act of violation against law and provide clear information about the violator, specific documents or proof pertaining to offences against laws and bases for examination or investigation in accordance with clause 2 of Article 25 in the Law on Accusation.

b) A statement is unqualified for processing and handling when it falls into the following situations:

- It does not satisfy the requirements set out in point a of clause 2 of this Article;

- It is filed, submitted to multiple authorities, organizations, units or persons, including those having competence in handling it;

- It receives instructions given in clause 1 of Article 8 herein;

- It represents protest against policies and guidelines of the Party, policies and laws of the State; provokes division between the people and religions; contains offensive, slanderous and defamatory words insulting the honor and reputation of individuals, agencies, organizations and units;

- It is torn or ruined with erased, blurred or illegible texts.

3. Sorting statements out by jurisdiction of heads of business or regulatory authorities.

4. Sorting statements out by the number of persons making complaints, accusations, representations or grievances.

a) Each statement must have full name and signature of a person;

b) Each statement must have full name and signature of at least 02 persons.

5. Sorting statements out by jurisdiction.

a) Statements falling under the jurisdiction of state administrative agencies, including:  Government, Prime Minister, Ministries, Ministerial-level agencies, Governmental bodies, People's Committees at all levels, entities or organizations directly controlled by People's Committees at all levels or other administrative authorities;

b) Statements falling under the jurisdiction of the National Assembly, National Assembly’s Standing Committee, Ethnic Council, Committees and other organs of the National Assembly, agencies subordinate to the National Assembly’s Standing Committee, People's Councils at all levels and agencies of the People's Councils at all levels; 

c) Statements falling under the jurisdiction of agencies implementing procedures or law enforcement agencies;

d) Statements falling under the State Audit Office’s jurisdiction;

dd) Statements falling under jurisdiction of political organizations, political-social organizations, political-social-professional organizations, social organizations, socio-professional organizations; religious organizations;

e) Statements falling under jurisdiction of public service units and state enterprises;

g) Statements under jurisdiction of other entities, organizations and units

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