Chương III Thông tư 05/2021/TT-TTCP: Xử lý đơn

Chapter III

PROCESSING OF STATEMENTS

Section 1. PROCESSING OF STATEMENTS OF COMPLAINT

Article 7. Processing of statements of complaint under jurisdiction

1. If a statement of complaint is under jurisdiction and does not fall into one of the cases of ineligibility for acceptance and handling under Article 11 in the Law on Complaint, the person processing and handling statements shall recommend the head of an authority, organization or unit to accept and deal with it under law.   Recommendation for acceptance and handling of a statement shall be made by using the Form No. 01 annexed hereto.

2. If any statement of complaint is under jurisdiction but unqualified for acceptance and resolution, the person making complaint shall be instructed to provide further information and documents to make complaint in accordance with law.  Instructions shall be given by using the Form No. 02 annexed to this Circular.

3. If any statement of complaint is under jurisdiction of the inferior and is still pending after expiration under the Law on Complaint, the person processing statements shall recommend the head of an authority, organization or unit to consider issuing his/her decision as per law. 

Article 8. Processing of statements outside jurisdiction

1. If any statement of complaint falls outside jurisdiction of the head of an authority, organization or unit, the person processing statements should instruct the person making complaint to send it to another authority, organization, unit or person to have it handled or dealt with. Instructions shall be given once by using the Form No. 02 annexed to this Circular.

2. If any statement of complaint is referred to by leaders of the Party, the State, the Ethnic Council, Committees and other organs of the National Assembly, affiliates of the National Assembly’s Standing Committee, National Assembly delegates, National Assembly delegations, Government’s cabinet members, Chief Justice of the Supreme People's Court, Procurator General of the Supreme People's Procuracy, State Auditor General, Office of the President, Central Office, Central Inspection Committee and Central Party Committee, central organs of socio-political organizations, socio-political-professional organizations, the person processing statements shall submit it to the head of his/her host institution and reply in writing.

3. If a statement of complaint is referred to by the Central Citizen Reception Department, agencies of the People's Councils, delegates of the People's Councils, socio-political organizations, socio-political-professional organizations at the provincial or district level, the Citizen Reception Department shall report to the President of the same-level People’s Committee to seek his/her directives.

4. As for any subject matter of complaint which involves crowd, is complicated, backlogged or elongated, after receipt of the decision to handle such complaint, if the person making complaint file an appeal to the Government Inspectorate or the Central Citizen Reception Office, the head of the citizen reception department shall report to the Inspector General to assign relevant authorities, administrations or departments to examine, report on the case and draft a reply to the citizen or confer with the provincial People’s Committee about possible actions.

Article 9. Processing and handling of appeals against decisions to handle complaints already in legal effect

1. With respect to an appeal against the decision to handle a complaint already in legal effect under Article 44 in the Law on Complaint, the person processing statements shall neither handle them nor refer them, and shall provide instructions for the person filing the appeal to bring an administrative lawsuit to the People's Court having appropriate jurisdiction under laws on administrative proceedings, except as provided in clause 2 of this Article. 

2. Concerning an appeal against the decision to handle a complaint that is already in legal effect, after being examined and reviewed, if that decision is in breach of law, harms the State interests, legitimate rights and benefits of the citizen, authority or organization prescribed in Article 38 in the Government's Decree No. 124/2020/ND-CP dated October 19, 2020, elaborating on several Articles and measures for implementation of the Law on Complaint, the person processing statements shall report to the head of his/her host institution to seek the head's decision issued under law.

Article 10. Processing of statements outside jurisdiction bearing full names and signatures of multiple persons

If any statement of complaint outside jurisdiction of his/her host institution bears multiple persons' full names and signatures, the person processing statements should instruct a person making complaint who has a particular address to send it to the correct institution having competence to handle it. Instructions shall be given by using the Form No. 02 annexed to this Circular.

Article 11. Processing and handling of original documents and records attached to statements of complaints

If a statement of complaint encloses original documents and records, the person processing statements should return them to the person making complaint.

Article 12. Processing and handling of appeals against administrative decisions likely to lead to hardly mitigated consequences

When it is established that enforcement of an administrative decision would cause hardly mitigated consequences, the person handling statements should promptly report to the head of his/her host institution to consider issuing the decision on temporary suspension or recommend the competent authority or person to temporarily suspend enforcement of the administrative decision.

After receipt of the report or recommendation, the competent person shall be responsible for considering issuance of the decision on temporary suspension, bear responsibility for his/her decision and inform the authority, organization or unit making recommendation of handling results.

Section 2. PROCESSING AND HANDLING OF STATEMENTS OF ACCUSATION

Article 13. Processing and handling of statements of accusation under jurisdiction

Concerning any statement of accusation under jurisdiction of his/her host institution, if it is qualified for acceptance and handling under clause 1 of Article 29 in the Law on Accusation, the person processing statements shall report to the head to accept and handle it in accordance with regulations. Recommendation for acceptance and handling of a statement shall be made by using the Form No. 01 annexed hereto.

Article 14. Processing and handling of statements of accusation outside jurisdiction

1. Concerning any statement of accusation outside jurisdiction of his/her host institution, the person processing statements shall recommend the head to refer the statement, enclosing information and documents (if any), to the authority, organization or unit having competence in handling it in accordance with law.    The Form No. 03 annexed hereto shall be used in cases of referring statements. Referring statements to competent authorities shall be carried out only once with respect to those statements having the same subject matter.

2. Concerning any statement of accusation under jurisdiction of the directly supervised authority, organization or unit, if it is pending after expiration of the limitation period for handling of it under the Law on Accusation, the person processing statements shall recommend the head of his/her host institution to request the head of the directly supervised authority, organization or unit in writing to report on the process for handling of the accusation, reasons for belated handling, define responsibilities for handling the accusation and report on handling results.

Article 15. Processing and handling of statements of accusation against Party members

Statements of accusation against Party members violating the Party’s statutes, guidelines, resolutions, directives, regulations and conclusions of the Party shall be referred to competent authorities for their handling under the Party’s regulations.

Article 16. Processing and handling of statements of accusation against breaches of law leading to damage or likely to cause serious damage to the interests of the State, legitimate rights and benefits of individuals, authorities or organizations

If any statement of accusation against breach of law leads to damage or causes serious damage to the interests of the State, legitimate rights and benefits of an individual, authority or organization, the person processing statements should promptly provide the head of his/her host institution a report, counsel and proposal so that the head applies necessary measures under his/her jurisdiction or informs the competent authority, organization or unit to apply timely preventive measures prescribed in law.  

Article 17. Processing and handling of statements of accusation against any breach of jurisdiction, processes and procedures for handling of complaints

1. The statement of accusation against any breach of jurisdiction, processes or procedures for handling of complaints committed by a person handling complaints shall not be accepted and handled under the Law on Accusation. In this case, the person processing that statement shall instruct the person filing such complaint to continue the complaint process or bring an administrative lawsuit to the Court having appropriate jurisdiction under law.

2. If any person making accusation provides information, documents or proof stating that the person handling the complaint commits violation against one of the prohibition clauses 1, 2 and 4 of Article 6 in the Law on Complaint, the statement of that accusation shall be accepted and handled under the Law on Accusation.

Article 18. Treatment of information containing accusation

Upon receipt of information containing accusation prescribed in clause 2 of Article 25 in the Law on Accusation, persons processing statements shall report such information to competent persons to request them to consider issuing decisions on examination or inspection or refer such information to the competent authority, organization or individual to seek their inspection or examination decisions for management purposes.

Article 19. Information security and protection of persons making accusations

In the course of processing and handling statements, authorities, organizations, units or persons shall be responsible for securing information of persons making accusations and subject matters of accusations under law.

In case where persons making accusations need any protection, persons processing statements of accusation shall request heads of their host entities to consider issuing decisions under law.

Section 3. PROCESSING AND HANDLING OF OTHER STATEMENTS

Article 20. Processing and handling of statements of petition or grievance

1. Statements of petition or grievance concerning subjects under jurisdiction of their host institutions, persons processing statements shall report to and recommend the heads thereof to handle and respond to such statements under law. 

2. Statements of petition or grievance concerning subjects outside jurisdiction of their host institutions, persons processing statements shall report to and recommend the heads thereof to decide to refer them to other responsible authorities, organizations or units to handle them and inform the persons filing these statements.   The Form No. 04 annexed hereto shall be used in cases of referring statements of petition or grievance.

Article 21. Processing and handling of mixed-purpose statements

If any statement contains complaint, accusation, petition or grievance, persons processing the statement shall instruct the person filing the statement to separate subject matters to refer them to appropriate competent authorities, organizations, units and persons. Instructions shall be given by using the Form No. 05 annexed to this Circular.

Article 22. Processing and handling of statements falling under jurisdiction of agencies implementing procedures or law enforcement agencies

Concerning statements under jurisdiction of agencies implementing procedures or law enforcement agencies, persons processing these statements shall provide instructions on how to submit these statements, or report to or recommend the heads of their host institutions to decide the referral thereof to competent authorities to seek their actions under law.  

Article 23. Processing and handling of statements under jurisdiction of the National Assembly or People's Councils at all levels

Concerning statements under jurisdiction of the National Assembly or People’s Councils at all levels, persons processing these statements shall provide instructions on how to submit these statements, or report to or recommend the heads of their host institutions to decide the referral thereof to competent authorities to seek their actions under law.  

Article 24. Processing and handling of statements under jurisdiction of other state regulatory authorities

Concerning statements under jurisdiction of the Office of the President, the State Audit or other state authorities, persons processing these statements shall provide instructions on how to submit these statements, or report to the heads of their host institutions to decide the referral thereof to competent authorities to seek their actions under law.  

Article 25. Processing and handling of statements under jurisdiction of political organizations, political-social organizations, political organizations, social-professional organizations, social organizations, social-professional organizations and religious organizations

Concerning statements involving organization and operation of political organizations, political-social organizations, political organizations, social-professional organizations, social organizations, social-professional organizations and religious organizations, persons processing these statements shall provide instructions on how to submit these statements or report to the heads of their host institutions to decide the referral thereof to responsible organizations to seek their actions under law, their Charters or Operating Rules and Regulations.

Article 26. Processing and handling of statements under jurisdiction of public service units, state enterprises and other units or organizations

Concerning statements involving organization and operation of public service units, state enterprises and other entities or organizations, persons processing these statements shall provide instructions on how to submit these statements or refer these statements to those units or enterprises to seek their actions under law.

Article 27. Processing and handling statements of complaint, accusation, petition or grievance involving complicated matters

Statements of complaint, accusation, petition or grievance concerning matters that are complicated, backlogged, elongated or involve multiple persons; that involve policies on ethnicity, religion, public peace, social order and safety, persons processing statements shall report to the heads of their host institutions to promptly apply actions under jurisdiction or request competent authorities, organizations and units to apply actions under law.