Circular 6/2014/tt-Ttcp: Citizen Marketing Process Rules

Original Language Title: Thông tư 06/2014/TT-TTCP: Quy định quy trình tiếp công dân

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The CIRCULAR stipulates further process citizens _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law the population 42/2013/QH13 on November 25, 2013;
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 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. 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. 83/2012/ND-CP dated 9 October 2012 of the Government functions, tasks, powers and organizational structure of the Government Inspector;
Proposal of the Director General, Legal Affairs and head of the central population, Government Inspector General issued a circular regulating the process forward.
Chapter I GENERAL PROVISIONS article 1. Scope this circular stipulates further process to citizen complaints, accusations, proposals, reflected in the Agency's citizen sitting Place, organized, responsible unit next to the citizens as defined in points a, b, c, d paragraph 1 article 4 further Legislation citizens and Government agencies the public, as stipulated in Decree No. 64/2014/ND-CP dated 26 June 2014 Government detailing the implementation of some articles of the law continued.
Article 2. Application object 1. The State administrative bodies, heads of State agencies, people's armed units, business units, the next citizen.
2. The complaints, accusations, proposals, reflect.
3. the authorities, institutions and individuals related to the work of the people.
Article 3. The purpose of the population of 1. Guide the citizens make the right claims, accusations, proposals, reflecting the provisions of the law, contributing to the common law, propaganda.
2. Receiving complaints, accusations, proposals, reflected in the jurisdiction of the administrative heads of State for consideration, a decision resolving the complaint; conclusion the content report, decided to handle accusations; consider, resolve the petition; answers for citizens to know as prescribed by law.
Article 4. The denial followed the citizens Who are denied rights citizen sitting next when citizens violates the provisions of article 9 of law but citizens continue to explain to the citizens that are the reason to refuse.
As for the service, complaints, accusations have been solved right policy, law, State agencies have the authority to examine, scrutinize, notice in writing and were next, explain, guide but still deliberately citizens complaints, accusations that lasted the next notification citizens reject citizen marketing , follow the model No. 01-TCD attached to this circular.
Chapter II CONTINUED the COMPLAINANT 1 DETERMINE the IDENTITY of the COMPLAINANT, the LEGITIMACY of the REPRESENTATIVE in ACCORDANCE with article 5 of the LAW. Determine the identity of the complainant 1. When the complainant, who was sitting next to the citizens asked the complainant stating the full name, address or produce identification, referral, authorization (if available) to identify them as the person himself made the complaint or grievance representative or the person authorized to complain.
2. in case a citizen or person authorized, in accordance with the law for individuals, agencies, organizations do not violate the provisions article 9 law on citizenship, the person sitting next to the citizens proceed to the citizens.
3. in case a citizen or person authorized, in accordance with the law for individuals, agencies, organizations that violations of the provisions of article 9 of law followed the next citizen citizens refuse the next as stipulated in article 4 of this circular.
Article 6. Determine the legality of the representative to the Agency, the complainant organization 1. The case Agency, organizations make the complaint through the representative is the head of the Agency, the Organization for the next citizen requests the representative to present the paper introduction, identification of the person to be represented.
2. In the case of the head of the Agency, authorized organizations for representatives under the provisions of the law to make the complaint then next person suggest citizens who is authorized to present the power of Attorney, the identification of the person authorized.
Article 7. Determine the legality of the representative who is authorized to complain 1. The case was presented to a representative of the Commissioner, the complainant was defined in art. 1 article 12 of law complaints, the next person to ask the citizens to present present the proof of the power of Attorney, legal representative of the complainant or other related documents.
2. the case is presented to the representative, the person authorized to continue the legitimate citizens conduct the procedure forward as against the complainant. In the case of authorisations not legal, not regulation then handled as prescribed in article 9 of this circular.
Article 8. Determine the legality of the lawyer or legal staff assistance in case the complainant authorized complaint cases the complainant authorized attorney or legal members help make the complaint then next person requesting citizenship lawyer or legal aid staff lawyers card legal staff assistance card and authorization claims.
Article 9. Handle the case incorrect authorization rules case citizens do not have a valid authorization or non-authorization as prescribed in point a, b paragraph 1 article 12 of law complaints then the next non-citizens receiving the records but have to explain clearly the reasons, citizen's Guide who is authorized to do the necessary procedures to make the complaint in accordance with the regulations.
Section 2 LISTENING, recording the CONTENTS of the COMPLAINT, INFORMATION, document, article 10. Listen, notes the content of complaints 1. When the complainant has presented a clear content menu, in full in accordance with clause 2 article 8 of law complaints then the next citizens should determine the content of the incident, the complainant's request to process accordingly.
If the complaint is not clear, yet the next full citizens suggested the complainant wrote back to single or written additions to singles the contents unclear, missing.
2. The absence of a complaint, the next person to guide the citizens complaints written complaint according to the content of the provisions in paragraph 2 article 8 of law complaints.
If the citizen presented directly then the next note full citizens, honest, accurate content complaints by citizens; unknown content then recommended the complainant presented more, then read it back to the complainant to listen and suggest the complainant sign it or just confirmed in writing, in which clearly the content as defined in clause 2 article 8 of law complaints.
3. in case more people complaining about the same content, the next person to guide the citizens complaints representatives to present the content of the complaint, the next recorded content citizen complaints in writing as prescribed in clause 2 article 8 of law complaints.
4. in case of a complaint or report content recommendations, reflecting the next citizen guide citizens written into the private complaint to complain to the competent authorities under the provisions of the law.
Article 11. Determine the content of the complainant's request, after hearing the complainant presented preliminary research, the content of the complaint, the information, documents, relevant evidence that the complainant provide further citizens, who identified the following: 1. place, time to time arises.
2. The person who complained is individual, agency or organization.
3. The content of the complaint and the jurisdiction.
4. The object of the complaint is the administrative decision or administrative acts.
5. The review process, resolve (if have): the Agency has resolved; the results solve; form text to resolve the Agency's authority.
6. The request of the complainant.
Article 12. Receiving the information, documents, evidence by the complainant provided 1. When the complainant to provide the information, documents, evidence relevant to the complaint as: the administrative decision being a complaint, decide to resolve complaints (if any), the information, documents and other relevant evidence, then the next citizen must check the validity of the information , documents, evidence of that.
2. In the case of complaints in the jurisdiction of the agency heads, organization, unit, after the collation of information, documents, evidence provided by the complainant, the next citizen must write "receipt", follow the pattern number 02-TCD attached to this circular. A receipt was established 2 a, record the name of the information, documents, evidence received, status information, documents, evidence (only got a copy or certified copy) and recommended the complainant sign the "receipt", 1 for the complainant, 1 a for the Department accepting the same information documents, the evidence received.
Category 3 classification, HANDLING of COMPLAINTS article 13. For the processing of complaints under the Authority 1. If claims in the jurisdiction of the agency heads, the organization unit that isn't in one of the cases provided for in article 11 of law complaints then the next citizen to do the procedure of receiving the complaint, the complaint and the information, documents, evidence attached by the complainant provided (if available) , report to the heads of agencies, organizations, units to handle within the time limit prescribed by law, proposed accepting the complaint made under model number 03-TCD attached to this circular.
The reception of the information, documents, evidence provided by the complainant was made according to the provisions of article 12 of this circular.

2. If the complaint in the jurisdiction but not sufficient condition to accepting the resolution prescribed the next citizen based on each specific case to answer or guide for complainants know clearly the reasons and added the necessary procedures to make the complaint.
3. in case the complainant met the heads of agencies, organizations, units to the complaints Department of the jurisdiction of the heads of agencies, organizations, units of the next recorded content citizen complaints, and report to the heads of agencies, organizations, review unit decision. If heads, organization, unit agree and unify the next time then the next record citizens Vote on a date, time, location next to the complainant, follow the pattern number 04-TCD attached herewith; at the same time are responsible for preparing records, documents relating to the case to serve the citizens of heads, the organization unit.
Article 14. For the processing of complaints not jurisdiction 1. Complaints not resolved under the authority of the heads of agencies, organizations, units, the next person to guide citizens who complain to the right agency, organization, unit has jurisdiction under the provisions of the law, follow the pattern number 05-TCD attached to this circular.
2. in case of a complaint under the jurisdiction of the lower levels but the specified period that has not been resolved then the next citizen must report to the heads of agencies, organizations, units of the review decision.
3. where the first complaint is out of time limits but not yet settled, the next report citizens who heads, organization, unit to consider, under the provisions of the law on settlement of complaints. The disposal is done in accordance with article 13 of this circular.
Article 15. Handling of complaints against decision on complaint resolution has the effect of law but the signs violated the law and the case is likely to cause difficult consequences to remedy 1. Cases of complaints against decision on complaint resolution has the effect of law, if there are new details do change the service or content found in the process of resolving the signs violated the law causing damage to the rights, legitimate interests of the complainant, who complained of or personal other related organizations, the interests of the State, the collective's next report to the citizen who heads the Agency, organization, unit, review the decision.
2. Case review to see the enforcement of administrative decisions complained of will cause difficult consequences overcome the next citizen must promptly report to the heads of agencies, organizations, review unit, decided to temporarily suspend or recommendations that the Agency has the authority to temporarily suspend the enforcement of the decision.
Article 16. Track, manage the complainants after examination, collated the papers needed and based on a complaint or content presented by the complainant, the information, documents, evidence that the complainant provide further citizens, who must write to the next Window or enter next task management software.
The next book or software management task next citizen must have the contents according to the criteria such as order number, date, name, address of the complainant, the number of the complainant, the content, the review process, resolve of the competent authority (if any) and the requirements , the complainant's proposal, summary of results and the processing. The next book be made citizens under model number 06-TCD attached to this circular.
Chapter III CONTINUES the REPORT section 1 IDENTIFY PERSONAL, CONFIDENTIAL and PROTECTED the article 17 DENUNCIATION. Determine the identity of the accused when the next person report, the next person who asks citizens to report stating the full name, address or produce identification.
When citizens produce identification, then the next citizen check the validity of the document.
Article 18. Confidentiality and protection of the accused, the person who's report during the next person accused, who followed the citizens must keep a secret name, address, writing the report unless the accused agreed publicly; not disclose information harmful to the accused; If deemed necessary, or when the accused asked the citizens to continue to apply the necessary measures or proposals to apply the necessary measures to protect the accused, relatives of the accused. Petition for protection is made under model number 07-TCD attached to this circular.
Section 2 CONTENT NOTES, HEAR accusations, RECEIVING the INFORMATION, documents and article 19. Listen, take notes to report content 1. When the accused has single presented clear, full content as defined in item 2 article 19 the law accuse the next citizens should determine the content of the case, the request of the Prosecutor to handle accordingly.
If the content of the denunciation is unclear, incomplete, then the next suggested citizens who report written the application or written additions to singles the contents unclear, missing.
2. The absence of denunciation, the next person to guide citizens who denounce written denunciation by the content prescribed in clause 2 article 19 of law report.
If the citizen presented directly then the next note full citizens, honest, accurate content of the report; unknown content then suggested the accusations presented more, then read back to the person accused heard and suggest they sign or point only confirmed in writing, in which clearly the content as defined in clause 2 article 19 of law report.
3. in case of many to denounce the same content then the next guide citizens who denounce representatives to present the content. The next recorded content citizens to report in writing in accordance with clause 2 article 9 Law report.
4. in case of denunciation or complaint content recommendations, reflecting the next citizen guide citizens written into denunciation to make the report to the Agency, organization, unit has the authority under the provisions of the law.
Article 20. Receiving the information, documents, evidence provided by the report When receiving information, documents, evidence provided by the Prosecutor, the person continues to do citizen receipt, follow the pattern number 02-TCD attached to this circular, which specify each type of information , documents, evidence, status information, documents, evidence, confirmation of the offer. A receipt was 3 a, 1 a the report, 1 a save to profile, 1 a direct citizen officers.
Category 3 classification, article 21 REPORT PROCESSING. Determine the content of the case, the request of the accused after listening to, recording the content report, preliminary study of denunciation and the information, documents, evidence provided by the Prosecutor, the next citizen must identify the following: 1. place, time to time arises.
2. The person being accused is the individual, agency, organization, unit.
3. the content of the report, jurisdiction.
4. The review process, resolve, disposal of bodies, organizations, competent unit (if available): the Agency, organization, the unit has resolved, the results solve a text form, settle, decide the handling of bodies, organizations, competent unit.
5. The request of the accused; reasons to report and to the information, details, new evidence that the report provided in case of denunciation.
Article 22. Handle the accusations in the jurisdiction, not under the control of 1. If accusations in the jurisdiction of the Agency, organization, unit that isn't in one of the cases specified in clause 2 article 20 of law to denounce the report citizen marketing heads, organization, unit to accepting the settlement as stipulated in article 20 paragraph 1 point a Law report. The proposed accepting the denunciation made under model number 03-TCD attached to this circular. The reception and the information, documents, relevant evidence (if any) made under the provisions of article 20 of this circular.
2. where the accused is not in the jurisdiction of the Agency, organization, unit then the next people who denounce guide citizens to report to the Agency, organization, unit has jurisdiction, follow the pattern number 08-TCD attached to this circular.
3. in case of denunciation in the jurisdiction of the Agency, organization, subdivisions directly but the specified period that has not been resolved, the next reporting citizens who heads the Agency, organization, unit to output the text required under resolution, follow the pattern number 09-TCD attached to this circular.
4. in case of denunciation of the offence, then the next report citizens heads, organization, unit to unit transfer procedures and documents related to the investigation or the Procurator having jurisdiction.
Article 23. Handle to denounce violations of law causing damage or threatening to cause serious damage to the interests of State agencies, institutions, rights and legitimate interests of citizens.
Cases, the accusations of violations of the law causing damage or threatening to cause serious damage to the interests of State agencies, institutions, rights and legitimate interests of citizens, then the next person must promptly report the citizens, staff, proposed to the heads of agencies, organizations the unit measures under the authority to prevent or notify the relevant authorities to take measures to prevent timely processing.
Article 24. Handling of accusations against party members accuse case against 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; Committee, the Standing Committee, the municipal party Committee.
Article 25. Handle to the event to denounce the provisions in clause 2 article 20 of law to denounce accusations in the case prescribed in clause 2 article 20 denunciation Law then the next citizens do not receive, and explained to the accused know, in case of need can notice reject citizen marketing , follow the model No. 01-TCD attached to this circular.
Article 26. Handle accusations stemming from complaints do not achieve the purpose

As for the 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, who followed the citizens explain, guide and citizen complaints made under the provisions of the law on complaints; not receiving or not accepting the proposal to resolve the accusations. If the citizens did not notice the Executive refused to forward the citizens, the announcement was made by model No. 01-TCD attached to this circular.
Article 27. Track, manage the next person to report after the inspection, collated the papers needed for the case report and based on the presentation of the report, the information, documents, evidence that they provide, the next citizens must enter information into the next task management software or write to "citizen Marketing Book" , follow the pattern number 06-TCD attached herewith, to record the contents according to the criteria specified on the column, items such as: order number, date, name, address the accusations, the content, the review process, the Agency's resolution, the Organization the competent units (if any) and the requirements, recommendations of the report, the summary and the processing of results.
Chapter IV FOLLOWED the RECOMMENDATIONS, REFLECTS Article 28. Determine the identity of the people to petition, reflecting a 1. When the next citizen to petition, reflecting the next citizen citizen request stating your name, address or produce identification, referral, power of Attorney (if any).
2. where the people to petition, reflecting not violate article 9 law on citizenship, the person sitting next to conduct citizen citizens.
3. where the people to petition, reflecting violation of article 9 the next citizen Law then made as prescribed in article 4 of this circular.
Article 29. Listening to, recording, content recommendations, reflecting the 1. When the recommendations, reflects a clear presentation with full content, recommendations, reflecting the approach the citizens need to determine the content of the request, to make recommendations, reflects to handle accordingly.
If the content of the petition reflects unclear, incomplete, then the next citizens suggested the recommendations, reflecting the single rewrite or written additions to singles unknown content, missing.
2. where the people to petition, reflecting none then the next person's Guide to citizen petitions, reflect the written petition which stated the content of recommendations, reflects. If the citizen presented directly then the next note full citizens, honest, accurate content recommendations, reflected by the citizen presented; unknown content then recommends citizens presented more, then read again for the citizens to listen and suggest the citizens sign or just confirm the text.
3. where multiple people to petition, reflecting on a content or petition, which reflects signed by many people then followed the Guide to citizen petitions, reflect representation for presenting content recommendations, reflected or petition, reflect. If the citizen presented directly then the next recorded content citizen petitions, reflected in the writing.
4. The case of petition, reflecting the report content or complaints then the next citizen guide citizens written into the petition, the private reflection to implement recommendations, reflects with agencies, organizations, the unit has the authority under the provisions of the law.
Article 30. Receiving the information, documents, evidence, reflecting recommendations by providing 1. When the who recommendations, reflecting the provision of information, documents, evidence is relevant then the next citizen must check the validity of the documents, evidence of that.
2. In the case of recommendations, reflected in the jurisdiction of the agency heads, unit, after the collation of information, documents, evidence, reflected by the recommendations provided, the next citizens should conduct information, documents, evidence, reflected by the recommendations provided. The reception is done as in the case of receiving the information, documents, evidence provided by the complainant.
Article 31. Classification of processing petition, reflecting a 1. Case of petitioning, reflected in the Agency's jurisdiction, organization, unit, the next reporting citizens who have the authority to review, research, solve or assigned Research Department, consider, resolve. The vote suggested accepting the application made under model number 03-TCD attached to this circular.
2. The case of recommendations, reflected not in the jurisdiction of the Agency, organization, unit, the next single, citizens who follow the model number 10-TCD attached to this circular or transfer a recorded presentation of the content of recommendations, reflects to the Agency, organization, the unit has the authority to research, collect, examine, solve.
Chapter V CITIZEN SITTING HEADS of STATE ADMINISTRATIVE BODIES Article 32. The responsibility of Heads of State administrative bodies in the direct citizen 1. The heads of State administrative bodies are responsible for direct citizen periodically and irregularly according to the provisions in paragraph 2, paragraph 3 Article 18 of law forward.
2. Heads direct citizens to listen, look, solve and steer the review, resolving complaints, accusations, proposals, reflected in his jurisdiction. Through the direct citizen, heads of State agencies to know the situation of complaints, accusations, proposals, reflections and the resolution of complaints, accusations, proposals, reflections of the agencies, subdivisions to from which test measures, urging subordinates in citizen marketing , single handle and resolve complaints, accusations, proposals, reflect.
3. When the next citizen, if the incident clearly, specifically, and in the jurisdiction, the heads of State agencies to answer the right for citizens to know; If the research hassle considering the clear time limits and who need contact to know the results.
4. The citizens of the heads of State administrative bodies must be public servants help the full record on the next book and stored at the place where the next citizen. The direction of the heads in the resolution of complaints, accusations, proposals, reflected in where the next citizen must be notified in writing to the relevant departments to implement customized content, directing and informing the citizens are aware of the comments of heads.
Article 33. The Agency's responsibility, the unit concerned and the State inspection agency or the Office of the people's Committee in helping agencies heads of State next citizens 1. The Agency, the unit that are related to the content of complaints, accusations, proposals, reflections and the State inspection agency or the Office of the people's committees of the same level are responsible for: a) option, the layout of the case to the heads of State agencies, except citizens sitting next to emergency citizens;
b) adequately prepared the information and documents related to the content of the service complaints, accusations, proposals, reflects that the heads of State agencies will continue the citizens;
c) Election officers expertise to recording the content, get the information and documents provided by the citizen;
d) Elected officials and Agency leaders, specialized units concerned continue to make citizens along the request by the heads of State administrative agencies.
2. End the citizens, agencies, relevant specialized units responsible for helping heads to prepare the text to answer the citizens.
The case involves the responsibility of many, many major State inspection bodies at the same level are responsible for coordination with other agencies, units, individual competent research, analysis of the nature, extent, causes of the incident in order to propose measures to resolve, at the same time prepare the text to the heads of State agencies to answer the citizens.
Chapter VI Article 34 ENFORCEMENT TERMS. Effect 1. This circular is effective from December 15, 2014, replacing circular No. 07/2011/TT-TTCP on July 28, 2010 the Government Inspector's Guide to the next process of citizens;
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./.