Circular 03/2016/tt-Btttt: Citizen Marketing Regulations, Handling And Resolving Complaints, Denunciation, Petitions, The Reflection Of The Ministry Of Information And Communication

Original Language Title: Thông tư 03/2016/TT-BTTTT: Quy định về tiếp công dân, xử lý và giải quyết đơn khiếu nại, đơn tố cáo, đơn kiến nghị, phản ánh của Bộ Thông tin và Truyền thông

Read the untranslated law here: https://www.global-regulation.com/law/vietnam/2952793/thng-t-03-2016-tt-btttt%253a-quy-nh-v-tip-cng-dn%252c-x-l-v-gii-quyt-n-khiu-ni%252c-n-t-co%252c-n-kin-ngh%252c-phn-nh-ca-b-thng-tin-v-truyn-thng.html

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The CIRCULAR further regulations, handling and resolving complaints, denunciation, Petitions, the reflection of the Ministry of information and media _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law the complaint in 2011;
Pursuant to the law the denunciation in 2011;
Pursuant to the law Next year 2013 citizens;
Pursuant to the law, anti-corruption Law, revised in 2005, supplementing some articles of the law on prevention of corruption in 2007; Law on amendments and supplements to some articles of the law on prevention of corruption, 2012;
Pursuant to Decree No. 75/2012/ND-CP dated 3 October 2012 the Government detailing a number of articles of the law on complaints;
Pursuant to Decree No. 76/2012/ND-CP dated 3 October 2012 the Government detailing a number of articles of the law report;
Pursuant to Decree No. 64/2014/ND-CP dated 26 June 2014 Government detailing the implementation of some articles of the law Followed the citizens;
Pursuant to Decree No. 59/2013/NĐ-CP on 17 June 2013 detailing a number of articles of the law on prevention of corruption;
Pursuant to Decree No. 132/2013/ND-CP dated 16 October, 2013 of the Government functions, tasks, powers and organizational structure of the Ministry of information and communications;
According to the recommendation of the Chief Inspector of the Ministry, the Minister of information and communication issued a circular regulating the next citizen, processed and resolved complaints, denunciation, Petitions, the reflection of the Ministry of information and communication.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This circular further regulations, handling and resolving complaints, denunciation, Petitions, the reflection of the Ministry of information and communication, including: the work of citizens; receiving, handling and resolving complaints, denunciation, Petitions, reflected; management of the work to resolve complaints, accusations and reports.
2. The reception, handling, reflect the recommendations of individuals, organization of administrative rules made under the provisions of Decree No. 20/2008/ND-CP dated 14 February 2008 the Government of receiving, processing, reflect the recommendations of individuals, organization of administrative regulations , Decree No. 48/2013/ND-CP on May 14, 2013 on amendments and supplements to some articles of the Decree relating to the control of administrative procedure and decision No. 1175/QD-BTTTT may 29, 2011 of the Minister of information and communication issued regulation on the receiving processing, reflection, personal recommendations, the Organization of the administrative regulations of the Ministry of information and communication.
3. The reception, handling and resolving complaints, denunciation, Petitions, the reflection of the Ministry of information and communication for the agencies, organizations and individuals in Vietnam applies herewith, except in the case of international treaties to which the Socialist Republic of Vietnam is a member otherwise.
Article 2. The object that applies to this circular apply to public servants and agencies, units of the Ministry of information and communications; organizations and individuals concerned.
Chapter II article 3 CITIZEN SITTING. The next citizen responsibility 1. The Agency, responsible organization unit forward, including: a) the Ministry of information and communications;
b) Bureau of the Ministry of information and communications;
c) radio frequency Center area;
d) business units directly under the Ministry of public information and communications are related to the settlement policy, mode, rights of citizens, the organization.
2. direct responsibility of the head of the citizen body, the unit is responsible for the implementation of population according to the provisions of article 18 of the law on citizenship and the next article 4 of Decree 64/2014/ND-CP dated 26 June 2014 Government detailing the implementation of some articles of the law Continued.
3. The liability of the next citizens comply with the provisions of article 8 of the law on citizen Sitting.
Article 4. Time, place the population of 1. The next regular citizens are made in the next room in hours, except in cases authorized by sudden decision.
2. The bodies, the unit specified in point a, point b of paragraph 1 of article 3 of this circular to room layout. In the room next to the citizens to follow the provisions of article 19 of the law on citizenship and the next article 5 of Decree No. 64/2014/ND-CP dated 26 June 2014 Government detailing the implementation of some articles of the law Continued.
3. The units specified in point c, d paragraph 1 of article 3 of this circular must be where next citizen, arranged private room or desk next to the citizens at locations convenient to organize next to citizen complaints, accusations, proposals, reflect.
4. Chamber of citizens must be successive Room records "sea citizen", are listed on the calendar and have "next" under the citizenship rules annex 1 attached to this circular.
Article 5. The Organization of the next regular citizens of the 1. Ministerial responsibility: a) Help the Secretary held regular citizens sitting at the next venue of the citizens; chaired the Organization, in collaboration with the unit of the Ministry of the citizen to present complaints, accusations, proposals, reflecting the provisions of the law;
b) assigned servants, employees have sufficient capacity to do the work usually directly on citizens working at the next place of the citizens;
c) request the heads of relevant units dispatched the same servants joined nationals in the room next to the citizens when necessary;
d) Guide and answer complaints, accusations, proposals, reflections of the citizens.
2. The Office is responsible for: a room layout), the equipment needed to serve the people at The Agency headquarters (18 Nguyen Du, Hanoi); instructions, reception of citizens as specified;
b) inform the Inspector sent the next citizen servants upon the citizens to complain, report and recommendations;
c) case of citizen to claim to be The leader, then the layout of the calendar to The next leader of citizens; notification to the relevant units and inspection Ministry of public officials, elected officials, to join the next leadership with citizens;
d) in cooperation with the police in maintaining security, order the next place citizens of the Ministry.
3. The agencies, units of the Ministry of information and communications sent the servants joined nationals when it has content related to the responsibility and have The Inspector's request.
4. The Bureau, the business units under the Ministry of public information and Media Affairs for the Ombudsman function rooms (the case of the Ombudsman function), Chief of Department on work organization Department or Office on duty next to the citizens.
Article 6. The next Minister of citizens 1. Ministers direct the citizen on 01/may periodically in the next room of the citizens.
2. In addition to the time the next periodic citizen monthly, direct or Minister depending on the content of the assigned Deputy Minister next sudden citizens in the cases prescribed in paragraph 3 Article 18 of law Forward.
3. In the Minister's citizens: a) The Office responsible for the calendar layout next citizen of Ministers (or Deputy Minister be authorized Ministers) 1 day/month and the sudden other cases prescribed by law; announcements and calendar updates next citizen of the Minister on the calendar system of leadership, the next calendar listing of citizens in the next room of the citizens; hosted, in cooperation with the information centre informed of the calendar followed the Minister's citizens on the electronic portal of the Ministry; guarantee security at the venue next to the citizens;
b) Inspector is responsible for chairing, in collaboration with the unit in The preparation of plans, records and documents of citizens reception serving Ministers, ministerial reports, review the direction;
c) units are the Ministers expected next responsible citizens actively preparing content, records and documents of citizens reception Secretary; in collaboration with the Ministerial Office, The preparation of the next session of the citizens Planning Minister;
d) When sitting Ministers, ministerial leadership, leadership, leadership offices in The unit in charge of work related to the content of complaints, accusations, proposals, reflections of citizens, representatives from other relevant units at the request of the Minister responsible for the same.
Article 7. The unit heads in The next citizens 1. The heads of the agencies and units to be specified in point b, c and d of article 3 paragraph 1 of this circular have the responsibility to continue the periodic citizen for at least 7 days per month in the next place citizens of the unit.
2. In addition to the periodic citizen next time, the heads of the units specified in point b, c and d of article 3 paragraph 1 of this circular are responsible for sudden citizens sitting in the case prescribed in paragraph 3 Article 18 of the law on citizenship or Sitting under the direction of the Minister.
Article 8. Contents next citizenship 1. Determine the identity of the complainant, the legitimacy of the person represented; determine the identity of the accused, taken measures to keep secret and protect people who report, relatives of the accused; determine the identity of the people to petition, reflect.
2. Receiving complaints of administrative decisions, administrative acts and decisions to discipline officers, servants, employees, employees of the Organization, the individual has a direct impact on the rights of the complainant.
3. Receive report about violations of individual organizations in the implementation of the mission, public service; the violations of the law on State management in the field.
4. Receiving opinions in management, construction of the policy regime in the field of the management of the unit.
5. Receiving recommendations, reflecting the relevant to the field of management of the agency or unit.
6. Receiving information, documents in the process of complaint resolution, to resolve accusations, Petitions, reflect.
7. Explain, guide the citizens make the right claims, accusations, proposals, reflected in accordance with the provisions of the law on complaints and denunciations, Petitions, reflect.
8. Advocacy, popular for the citizens know about the regulations related to the Agency's management, the unit when the citizen requirements.
Article 9. The next process of citizens

Follow the rules in circular No. 06/2014/TT-TTCP on October 31, 2014 of the Government Inspector on the next process.
Article 10. The next book the citizen 1. The next book to be written in full citizenship once weekly citizen to complaints, accusations, proposals, reflect. Specific content: days, months, years of complaints, accusations, proposals, reflected; name, address of each citizen, who's to complain, report and recommendations; the signature of each citizen to complaints, accusations, proposals, reflected; records of complaints, accusations, proposals, reflected; they and the officer's name forward and content processing.
2. To manage and track the window next to the citizens: a) inspection and monitoring Manager window forward of the citizens;
b) the heads of the agencies and units to be specified in point b, c and d of article 3 paragraph 1 of this circular Division assigned to task management, citizen monitoring citizen's next book.
3. Sample next to the citizens is done in accordance with circular No. 06/2014/TT-TTCP on October 31, 2014 of the Government Inspector on the next process.
Chapter III RECEIVING and HANDLING SIMPLE Things 11. Receiving complaints, accusations, proposals, reflecting a 1. The agency receiving the unit, handling mail: a) for complaints, accusations, proposals, mirroring is sent to the Ministry of information and communication: the clue is Ministerial;
b) for complaints, accusations, proposals, reflected in the Bureau are sent to the Ministry, the Ministry's public career: is the focal unit is tasked next citizenship under the provisions of paragraph 4 of article 5 of this circular.
c) with respect to a complaint, denunciation, Petitions, reflection is sent to the State enterprises Ministry: focal unit is the Unit Chief of the work addressed letters of State enterprises.
No new clue unit established to receive and handle mail.
2. For single letters are sent directly to the Agency not the focal agency specified in clause 1 of this article: within 2 working days from the date of receiving the application, the receiving Agency must single clue about the Agency specified in clause 1 of this article, unless a petition , reflected in the Authority advised the Agency's resolve, his unit.
The agency receiving unit should oversee the information security on the content menu, the report under the provisions of the law; single message tracking log, do single transfer Votes under the provisions of the law; responsible to the Ministers and the law on work security, processing time as prescribed in this circular.
3. The bodies receiving focal unit, single handle messages are created as single letters according to the form prescribed by law.
Article 12. Single classification the classification of the application made under the provisions of article 6 circular No. 07/2014/TT-TTCP on October 31, 2014 of the Government Inspector on the complaint handling process, denunciation, Petitions, reflect.
Article 13. Single handle the work of handling complaints, denunciation, petitions reflect follow the provisions of Chapter III of the circular No. 07/2014/TT-TTCP on October 31, 2014 of the Government Inspector on the complaint handling process, denunciation, petitions , reflect.
Article 14. Receiving and processing information to report, recommendations, reflecting the 1. Heads of agencies are responsible for the establishment, public telephone hotline and an electronic mailbox address on electronic portals or electronic information Page of the unit to absorb the information report and recommendations; assigned servants, the officer on duty on the phone hotline and follow-up messages to your e-mail box to receive and process information.
2. reflecting the information via the telephone hotline, the person on the phone to suggest who to provide information stating the full name, address, telephone number. The case of the person who provided the information did not specify name, address, telephone, reception people still receiving summary records reflecting the content and record (if any) on the shared information and signed the shared information.
3. The information to be sent to the e-mail box have stating the full name, address, specific content, then print to paper, the heads, the unit to consider, resolve according to the authority.
4. information report, recommendations, reflecting the send to e-mail box or reflect through the hotline have your full name, address, content of the report is clear, if the jurisdiction shall consider, resolve as a rule of law, fight against corruption; If not, then the jurisdiction transferred to the competent authority for consideration, addressed under the provisions of the law.
5. The information received, the Division was assigned to receive information sheets, full reporting information, the agency heads, unit to review opinion, addressed under the provisions of the law.
Chapter IV COMPLAINTS, RESOLVE DENUNCIATION article 15. Authority to resolve the complaint 1. Authority to resolve the complaint of the Minister made under the provisions of article 23 of law complaints.
2. Jurisdiction to resolve complaints by the heads of the agencies, subdivisions made under the provisions of article 22 of law complaints.
Article 16. Complaint resolution task complaints made under the provisions of the law the complaint, Decree No. 75/2012/ND-CP dated 3 October 2012 the Government detailing a number of articles of the law on complaints and circular No. 07/2013/TT-TTCP on October 31, 2013 of government inspectors about the regulation of processes to resolve administrative complaints , Circular No. 07/2014/TT-TTCP on October 31, 2014 of the Government Inspector on the complaint handling process, denunciation, Petitions, reflect.
Article 17. Jurisdiction of the Minister 1. To report violations of the law, violations of duty, acts of the head, deputies of the heads of agencies, subdivisions and public servants appointed by the Minister, the direct management.
2. To denounce violations of the law have content related to state management functions of the Ministry of information and communication.
3. the accusations that the heads of the agencies and units of the Ministry has been resolved but the accusations and have a basis to determine the resolution of the accusations is not correct provisions of the law.
Article 18. Jurisdiction of the heads of the agencies, subdivisions of the Ministry 1. To report violations of the law, violations of duty, acts of the head, deputies of the heads of subdivisions directly and these public servants, officers, appointed by the workers themselves or direct management.
2. To denounce violations of the law have content related to state management functions of the Agency.
3. the accusations that the heads of the agencies, subdivisions have been solved but also accusations and have a basis to determine the resolution of the accusations is not correct provisions of the law.
Article 19. Solve the denunciation 1. The Agency, unit counsels resolve denunciation is the unit receiving the clue menu letters specified in clause 1 of article 11 of this circular.
2. Unit staff agencies solve denunciation presided, in cooperation with the relevant units, bodies conducting verification, conclusion, recommendations to resolve the accusations.
3. process to resolve accusations made by circular No. 06/2013/TT-TTCP on September 30, 2013 of government inspectors about the regulation of processes to resolve accusations.
Chapter V CONDITIONS of GUARANTEE the ACTIONS of CITIZENS, COMPLAINT RESOLUTION, REPORT, RECOMMENDATION, REFLECTING article 20. Guarantee conditions for the work of the people, handle complaints, accusations, proposals, reflecting a 1. The head of the Agency, the competent units next to the citizens, complaint resolution, resolve to report responsibly given the task of writing the focal unit on duty followed, receiving and processing the mail; assigned the task of writing for public officials, staff of experienced, knowledgeable citizen marketing legislation, complaints, accusations of direct jobs, receiving and processing the information, complaints and denunciations, Petitions, reflect.
2. Inspector, in collaboration with the Office of the information centre, and agencies, related research, construction and application of information technology in the work of citizens, complaint resolution, to resolve accusations, Petitions, reflect.
Article 21. Policy, the regime for the next citizen, handling complaints, accusations, proposals, reflecting a 1. The next citizen, handling complaints, accusations, proposals, reflect the following policy modes: a) fostering mode in accordance with the law;
b) fostering professional knowledge, marketing services, handle complaints, accusations, proposals, reflect.
2. The Heads of the agencies, the Unit decided to fostering professional service for the next Agency's citizen, his unit under the guidance of the Government Inspector.
3. the applicable principles, fostering spending is done in accordance with the law.
4. the funding policy of the next regime citizens located in the estimation of the agencies operate, units; the Agency, the unit made estimating under the provisions of the law.
Chapter VI MANAGEMENT TASK NEXT citizens, COMPLAINT RESOLUTION, to RESOLVE ACCUSATIONS of things 22. Manage the work of citizens, complaint resolution, resolve to report 1. The Chief Inspector of the Ministry of help Secretary of State management on the work of citizens, complaint resolution, to resolve accusations; direction, guidance, professional training on further work, citizen complaints, resolve accusations against the Agency, the Ministry of information and communications.
2. the Chief of the Ministry, the Director is responsible for assigned leaders, public servants deployed to track, do the work of citizens, receiving and handling letters, addressed recommendations, reflected under the provisions of this circular.
3. The Heads of the agencies, subdivisions of the Ministry responsible for public administration work, citizen complaints, resolve accusations within the Agency's management, the unit yourself.

4. The Chief Inspector shall assist Ministers insp., check the next citizen responsibility, complaint resolution, to resolve accusations of Heads of agencies, units of the Department; propose measures to rectify this work within the scope of the Minister's management.
5. The Heads of the agencies and units of the Ministry has the responsibility to check the further responsibility of citizens, complaint resolution, to resolve accusations of agencies, subdivisions.
Article 23. Report mode 1. The Agency, which was prescribed at point b, c and d of article 3 paragraph 1 of this circular are responsible for reporting the work forward and resolve complaints, report quarterly, annually send about Inspector before the date of the last month of the quarter as specified in circular No. 03/2013/TT-TTCP on June 10, 2013 of the Government Inspector modes of inspection reports, complaints, accusations and corruption prevention to aggregate.
2. Quarterly, annual, ministerial responsibility to the General Minister or ministerial order admitting the inspection report the Government continues work to the citizens, complaint resolution, to resolve accusations as prescribed.
Chapter VI ENFORCEMENT PROVISIONS article 24. Effective enforcement of this circular is effective from March 18, 2016, replacing circular No. 03/2009/TT-BTTTT on 14th January 2010 in the Minister of information and communications of direct regulation and citizen complaints, accusations of the Ministry of information and communication.
Article 25. Responsibility 1. Office of the Chief Justice, the Chief Justice Inspector, Director, Director General, heads of agencies, subdivisions of the Ministry is responsible for the implementation of this circular.
2. The Heads of the agencies and units to be specified in point b, c and d of article 3 paragraph 1 of this circular specifies about the work of citizens, complaint resolution, to resolve accusations at the Agency, his unit and the implementation of this circular.
3. The Chief Inspector is responsible for implementing organizations, guide, inspect, examine the implementation of further legislation citizens, complaint resolution, resolve to report and the provisions of this circular.


 



Ministers (signed) Nguyen Bac Son Appendix 1 the AGENCY NAME, unit-------the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness---------------the NEXT CITIZEN RULES 1. Citizens to complain, please report to the lobby, the citizens will continue to work in order of who comes first before inviting (except old, sickness).
2. In the meantime, citizens to finance to keep order and hygiene where the next citizen.
3. The citizens not to carry the weapons, gas, flammable or explosive substances to the place next to the citizens to ensure public safety.
4. The citizens to complain, the report should clearly the incident, evidence and his resolution, not taking advantage of the right to complain, report to misrepresent the facts, slanders do obstruct the work of State bodies; must follow the guidance of the next citizen.
5. The next citizens to wear the card while working.
6. The next citizens have the responsibility to listen, have clearly notes the complaints, accusations and requests of the citizens, then read it back to the complainant, the accused heard the recorded book and sign the content reflected. If the work is not in the jurisdiction of the Agency, the citizen's Guide to where to have jurisdiction.
7. The next citizens have the right to refuse further ones are in a State of drunkenness, mental, too, costumes are not serious, violation of rules next citizen. The complainant, accusations about the incident has been resolved right policy, law, State agencies have the authority to examine, scrutinize, notice in writing and were next, guide, explain but still deliberately complaints, accusations.
8. When the working time, the citizens to complain, the report was not to stay in the Agency to ensure public security and order. The case of unresolved citizen in October will be resolved on priority next working day.


 



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