Circular 07/2014/tt-Ttcp: Regulations And Complaint Handling Processes, Denunciation, Petitions, Reflect

Original Language Title: Thông tư 07/2014/TT-TTCP: Quy định quy trình xử lý đơn khiếu nại, đơn tố cáo, đơn kiến nghị, phản ánh

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The CIRCULAR regulates the process of handling complaints, denunciation, Petitions, reflects _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law the complaint number 02/2011/QH13 on February 11, 2011;
Pursuant to the law report No. 03/2011/QH13 on February 11, 2011;
Pursuant to the law the population 42/2013/QH13 on November 25, 2013;
Pursuant to Decree No. 75/2012/ND-CP dated 3 October 2012 the Government detailing a number of articles of the law complain 2011;
Pursuant to Decree No. 76/2012/ND-CP dated 3 October 2012 the Government detailing the implementation of some articles of the law to report 2011;
Pursuant to Decree No. 83/2012/ND-CP dated 9 October 2012 of the Government functions, tasks, powers and organizational structure of the Government Inspector;
Pursuant to Decree No. 64/2014/ND-CP dated 26 June 2014 detailing the implementation of some articles of the law Followed the citizens;
Proposal of the Director General, Legal Affairs and head of the central population, Government Inspector General issued a circular regulating the process of handling complaints, denunciation, Petitions, reflect.
Chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the reception, sorting, processing for denunciation, complaint, petition, reflecting (hereinafter collectively referred to as single).
Article 2. The object that applies to this circular applies to State agencies, authorities, responsibilities in the State administrative organs, the armed forces units, business units, State enterprises in the processing unit; citizens, organizations, the Agency has a complaint, petition, reflect, citizens have the denunciation.
Article 3. The principle of single handle 1. The heads of State agencies, the armed unit, head units, State enterprises are responsible for the Organization and classification of single handle focused on a clue and are subject to the rule of law, ensure the computer science, objectivity, accuracy , timely.
2. Invoices received from the sources specified in article 5 of this circular must be on Windows or enter into the database system on your computer to manage and track.
3. the Application must be sent, transfer, guide to the correct agency, organization, or individual units have the authority, responsible for solving.
Article 4. Explanation of terms In this circular the terms below are interpreted as follows: 1. the Unit is writing the content is presented in a form prescribed by the law, sent to State authorities, organizations, units, who have the authority to complain or report or recommendations , reflect.
2. Single handle is the State Agency, the competent organization when received by individuals, agencies, organizations must base and against the provisions of the law to accepting the resolution if its jurisdiction or citizen's Guide or menu to organizations, units, who have the jurisdiction under the provisions of the law.
Chapter II RECEIVING SINGLE CLASSIFICATION, article 5. Receiving the single-unit is receiving from the following sources: 1. Invoices sent via the postal service.
2. Application by the Agency, organization, or individual units directly sent to through the single reception of the Agency, organization, unit; through the suggestion box of agencies, organizations, units, Ban Next, location next to the citizens.
3. Due to deputies, deputies to the people's Council, the Committee of Vietnam Fatherland Front and the front's member organizations, the press and the authorities, organizations, other units moved to under the provisions of the law.
4. Due to leadership (heads, deputies of the head) of the party and State agency receiving and moving to a single processor to process the message according to the authority.
Article 6. Single classification 1. Classification by application content, including: a) complaint.
b) denunciation.
c) petition, reflect.
d) Single has many different content.
2. Classification under conditions of processing, including processing of eligible singles, singles are not eligible processor.
a) eligible Single handle is meet the following requirements: – single user is writing Vietnamese and the complainant, the accused, who recommendations, clearly reflect the date of the year written single; they, the name, address, signature, or just point of written single;
-The complaint must indicate the name, address of the Agency, organization, or individual units complained of, the contents, the reason for the complaint and the complainant's request;
-Denunciation must specify the content of the report; the Agency, organization, or individual units, reported violations of the law were reported;
-Petition, must clearly reflect the content of the recommendations;
-Not yet, organizations, agencies receiving unit of processing petition under the provisions of the law or already processed but the complainant, the accused is entitled to complain to the next report, the provisions of the law.
b) not eligible processor.
-Is does not meet the requirements in point a of this paragraph;
-Menu has been sent to many agencies, organizations, individual units of which were sent to the right agency, organization, unit, or the right person to have jurisdiction;
-Menu has been instructed once on the same content.
3. Sort by jurisdiction: a) Menu in the jurisdiction of the Agency, organization, unit.
b) non Single jurisdiction of the Agency, organization, unit.
4. single classification according to the number of the complainant, the accused, the recommendations reflect.
a single name, surname) signature of person.
b) had their Single, the name, the signature of many people (from 10 persons).
5. single classification according to the papers, attached a document) accompanying papers, original documents.
b) without papers, original documents.
6. Classification according to the jurisdiction of the Agency, organization, unit.
a) Menu in the jurisdiction of the State administrative bodies (ministries, ministerial agencies, government agency; the people's committees of all levels and (agencies, organizations directly under the people's Committee of the grant or of other administrative agencies). b) under the authority of the elected agency settlement includes menu, under the authority of the National Assembly, the Standing Committee of the National Assembly, the Council of the nation, the Commission of the National Assembly; the Ban of the Standing Committee of the National Assembly, the bodies of the National Assembly, the Standing Committee of the National Assembly; The people's Council and the Board of the people's Council levels.
c) Menu in the jurisdiction of the Agency to conduct the proceedings, enforcement of judgments.
d) Menu in the jurisdiction of political organization, social-political organizations, social-political organizations, social organizations, social-professional organizations; religious organizations.
Single) in the jurisdiction of the business units.
e) Menu in the jurisdiction of the State enterprises.
Chapter III APPLICATION PROCESSING category 1 PROCESSING the COMPLAINT article 7. The complaint in the jurisdiction 1. The complaint in the jurisdiction and not in one of the cases was not accepting the resolution in accordance with article 11 of the law on complaints it handled proposed single heads of agencies, organizations, accepting the units to solve under the provisions of the law. The proposed accepting the settlement was done according to model No. 01-XLĐ attached to this circular.
2. The complaint in the jurisdiction but are not eligible for accepting the settlement shall be based on each specific case to answer or guide for complainants to know clearly the reasons for not accepting the deal or supplement the procedures required to make the complaint. The answer is made according to the Model number 02-XLĐ attached to this circular.
3. A complaint under the jurisdiction of the lower levels but the timelines to resolve under the provisions of the law complain that unresolved then the single handle heads reports, organize, review unit, the decision.
Article 8. The complaint is not in jurisdiction 1. The complaint is not in the jurisdiction of the agency heads, the Organization, the unit processed form the complainant submit to the Agency, organization, unit having jurisdiction. The guide is only done once for citizens according to the Model number 03-XLĐ attached to this circular.
2. A complaint by deputies, deputies to the people's Council, the Vietnam Fatherland Front Committee and members of the press agencies, or other organizations, agencies under the provisions of the law but is not moved to the jurisdiction, responsible for solving the single handle proposed agency heads return the enclosed application papers documents (if any) and stating the reasons for the agencies, organizations, individuals moved to the menu. Return the menu text not jurisdiction is made according model No. 04-XLĐ attached to this circular.
Article 9. The complaint has a name, the signature of many 1. The complaint has a name, the signature of many people but not in the jurisdiction of the Agency, organization, unit then the single handle Guide for a complainant to have them, the name, address, clear the send menu to the right agency, organization, units, who have the authority to resolve. The return forms and instructions made under model number 03-XLĐ attached to this circular.
2. A complaint has the name, the signature of many of jurisdiction the proposed single processing heads, organization unit, accepting to solve under the provisions of the law. The proposed accepting the settlement made model No. 01-XLĐ attached to this circular.
Article 10. The complaint includes documents, original documents cases of complaint not be accepting to solve but have sent attached papers, original documents, then the Agency, organization, Unit received must be returned to the complainant, the papers that document; If the complaint is accepting to address then the returned papers, the original document was made immediately after the decision to resolve the complaint.
Article 11. A complaint for complaint resolution decision has legal effect but there are signs of breaking the law

A complaint for complaint resolution decision has the effect of law but in the research process, consider if that base is the resolution of a complaint has the sign violated the law affecting the rights, legitimate interests of the complainant or individual, the Agency other related organizations, threatened to infringe the interests of the State or have new details do change content service complaints under the provisions of article 20, Decree 74/2012/ND-CP dated 3 October 2012 the Government detailing a number of articles of the law the complaint then the single handle must report to heads organizations, the review unit, addressed by the authority or agency report, organization, unit who has the authority to review the decision.
Article 12. A complaint against the administrative decision with consequences difficult to fix in the event that the base is the enforcement of administrative decisions will cause consequences difficult to overcome the single handle must promptly report to the heads of the agency review, decided to temporarily suspend or recommendations to competent authorities who has the authority to temporarily suspend the enforcement of administrative decisions.
Category 2 PROCESSING article 13 DENUNCIATION. Denunciation the jurisdiction if the content of the denunciation in the jurisdiction of the heads of agencies, organizations, units that do not belong to one of the circumstances specified in paragraph 2 to article 20 of law accuse the people treats single heads reports, organization, unit to accepting the settlement according to the regulations. The proposed accepting the settlement report is made according to model No. 01-XLĐ attached to this circular.
Article 14. Denunciation not jurisdiction 1. Denunciation not in jurisdiction, the proposed single handle people with heads, organized, single unit and the evidence, information, documents (if any) to the Agency, organization, the competent units to be settled according to the provisions of the law as specified in article 20 paragraph 1 b of the Act. The single report was done under model number 05-XLĐ attached to this circular.
2. the denunciation in the jurisdiction of subordinate directly but the time limits prescribed by the law to report that unresolved then the single processor reports to the heads of agencies, organizations, units out of text required under the settlement.
Article 15. Denunciation for denunciation party members for party members in violation of party rules, provisions are made under the provisions of the Central Executive Committee and the guidelines of the Central Inspection Committee, The Standing Committee, the Standing Committee, the municipal party Committee.
Article 16. Denunciation of violations of law causing damage or threatening to cause serious damage to the interests of State agencies, institutions, rights and legitimate interests of citizens.
Denunciation of violations of law causing damage, are causing damage or threatening to cause serious damage to the interests of the State, the agency or organization; health, life, property, honor of the citizens of the single handle must promptly report, counsels, suggested to the heads of agencies, organizations, units are competent to apply the preventive measures prescribed by the law or the notice to the Agency, organization, unit has the authority to apply the timely measures to prevent processing, in accordance with the law.
Article 17. Denunciation comes from the complaint did not meet the goal for single accusations stem from complaints do not achieve the purpose, citizens turning to accusations against the complaints but does not provide the information, documents, evidence to prove the accusations, the Agency competent person, not accepting the content of the resolution.
Article 18. Handle to the event to report as specified in paragraph 2 of article 20 of law to denounce accusations in the case prescribed in clause 2 of article 20 of law report, the Agency received not a single transfer, not accepting to deal simultaneously with text explanations and Returing to the accusations.
Article 19. Denunciation of unknown name, address the accusations but have clear content, enclose the information, documents, evidence of acts of corruption, criminal behavior When receiving denunciation of unknown name, address the accusations but have clear content, enclose the information , documentary evidence, prove the content to denounce acts of corruption, criminal acts, then the single handle reports, heads of organizations, the unit processed under the provisions of the law on prevention of corruption, criminal law.
Article 20. Keep confidential and protect people who denounce The single handle accusations must keep secret their name, address, autographs of the report under the provisions of the law; apply or propose the Agency, organization, unit who has the authority to apply the necessary measures prescribed by law to protect the accused, the person's person report when required.
Section 3 HANDLING the OTHER TYPE of article 21. Petition, reflecting a 1. Petition, reflected in the authority, the responsibilities of the Agency, organization, unit solves the single handle proposed heads of unit, organization, accepting the resolution in accordance with the law. The proposed accepting the petition, mirroring is done according to the 01-XLĐ attached to this circular.
2. Petition, reflected not in the jurisdiction of the Agency, organization, unit then the single handle proposed heads of unit, organization, look, decided to transfer application and the attached documents (if any) to the Agency, organization, units, who have the authority to resolve under the provisions of the law. The transfer petition, reflect the following model No. 06-XLĐ attached to this circular.
Article 22. Menu has many different content for menu has many different content in the jurisdiction of many agencies, organizations, units of the single handle single sender instructions separate the individual content to send to the right agency, organization, unit has jurisdiction. The guide is made according to the Model number 07-XLĐ attached to this circular.
Article 23. Menu in the jurisdiction of the Agency to conduct the proceedings, execution of single in the jurisdiction of the bodies conducting criminal proceedings, civil proceedings, administrative proceedings, enforcement of judgments then the single handle single or single sent instructions to the bodies competent to handle according to the provisions of the criminal law , civil litigation, administrative proceedings, enforcement of judgments.
Article 24. Menu in the jurisdiction of a single elected body in the jurisdiction of the Agency, the elected person single handle single or single sent instructions to the competent authorities to be settled according to the provisions of the law.
Article 25. Menu in the jurisdiction of political organization, social-political organizations, political organizations, social-professional, social organization, social-professional organizations, religious organizations related to Single organizations, active in the Organization's internal politics, social-political organizations , political organization, social-professional, social organization, social-professional organizations, religious organizations, who handles your application heads, organization, unit guides who send single or single transfer to competent organization to be reviewed under the provisions of settlement legislation and the Charter , The statutes of that organization.
Article 26. Menu in the jurisdiction of the business units, Single State enterprises related to the Organization's internal operations, business units, State enterprises, the people who handle your application heads, organization, unit guides who send single or single transfer to business units-public , that State enterprises to settle in accordance with the law.
Article 27. Complaints, accusations, proposals, reflecting the complex nature of the petition, reflect, complaints, accusations, fiercely complex with the involvement of many people; incidents involving ethnic, religious policy the single handle must report to the heads of agencies, organizations, units to adopt measures under the authority promptly handle or suggest to the agencies, organizations, relevant unit measures process.
Chapter IV-MANAGEMENT, monitoring, inspection, URGING the RESOLUTION of a COMPLAINT, DENUNCIATION, single REFLECTIONS and recommendations Article 28. Save single ranked 1. Lined single to be saved for the following categories: a) a complaint specified in point b of paragraph 2 of article 6 of this circular.
b) the complaint is out of time, the time limits prescribed by the law.
c) complaint had decided to settle the complaint has legal effect; conclusion the content report and decided to handle the accusations had legal effect without content, new details can make content changes have been resolved.
d) Single torn, erased the Word can't read.
2. The time limit for storing application referred to in paragraph 1 of this article is a year, the destruction due to the heads of agencies, organizations, decision unit.
Article 29. Manage, track 1. Agencies, organizations, units, who have the jurisdiction to answer the single agency, organization, unit, authorities have moved single under the provisions of the law and the provisions of this circular.
2. Invoices received from the sources specified in this circular, the Agency should be held, guest reception unit order number on the window or entered into the database system on the computer to consult, manage and track. The storage of shared track and back up data on your computer, check the information made pursuant to the law on archives, the Ordinance on protection of State secrets and confidential protection category of the industry.
The agencies, organizations, the unit takes measures to promote the application of information technology in the management, monitoring and complaint, denunciation, Petitions, reflect.
Article 30. Test, urging the resolution of a complaint, denunciation, Petitions, reflect the State inspection agency levels have a responsibility to help heads of State administration at the same level in the: 1. test, urging the resolution of a complaint, denunciation, Petitions, reflect.

2. Periodically six months a year, presiding over the Committee with authority to resolve the complaint, denunciation, Petitions, to reflect the situation, experience withdrawal, coordinated measures.
Chapter V PROVISIONS Enacted 31. Responsibility 1. Ministers, heads of ministerial agencies, heads of government agencies; The people's Committee Chairman; the agencies, organizations, units, the individual concerned is responsible for the implementation of this circular.
2. The Minister of defence, Minister of public security pursuant to the provisions in this circular regulates the handling of the complaint, denunciation, single reflections, recommendations relating to agencies, organizations, units of the people's armed forces.
Article 32. Effect 1. This circular effect since December 15, 2014, replacing circular No. 03/2009/TT-TTCP on August 26, 2010 by Inspector General of government regulations and complaint handling processes, denunciation, single reflections, recommendations relating to complaints, accusations.
2. During the implementation process if there are difficulties, problems or new issues arise, suggest the Agency, organization, or individual units concerned timely reflection on government inspectors to modify, complement accordingly./.