Circular 40/2013/tt-Bgddt: Citizen Marketing Regulations, Complaint Resolution, To Resolve Accusations Of The Ministry Of Education And Training

Original Language Title: Thông tư 40/2013/TT-BGDĐT: Quy định về tiếp công dân, giải quyết khiếu nại, giải quyết tố cáo của Bộ Giáo dục và Đào tạo

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EDUCATION AND TRAINING
Number: 40 /2013/TT-BGDT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 18, 2013

IT ' S SMART

Regulation of citizen reception, resolution of complaint, denouncing the report

of the Ministry of Education and Training

____________________

The Law Base pleaded November 11, 2011;

The Code of Law on November 11, 2011;

Base of Protocol 32 /2008/NĐ-CP March 19, 2008 by the Government Regulation, mandate, authority, and organizational structure of the Ministry of Education and Training;

Base of Protocol 75 /2012/NĐ-CP October 3, 2012 of the Government rules out certain provisions of the Law.

Base of Protocol 76 /2012/NĐ-CP October 3, 2012 of the Government Regulation law enforcement of certain provisions of the Law of Prosecution;

Base of Protocol 42 /2013/NĐ-CP May 9, 2013 the Government on the Organization and Operations of Education Inspects;

The request of the Chief Inspector.

The Minister of Education and Training issued a regulatory advisory on citizens, addressing the complaint, addressing the Ministry of Education and Training, the Ministry of Education.

Chapter I

GENERAL REGULATION

What? 1. The tuning range and subject apply

1. This information provides about the provision of the citizens, the application of the application; the authority, the responsibility to resolve the complaint, the resolution of the report; the information regime, the report on the settlement of the complaint, the resolution of the Ministry of Education and Training (GDT).

2. This information applies to units that help the Minister to perform state management functions on education including: Cases, Bureau, Inspecship, Office and Representative Agency of the Department at Ho Chi Minh City (called off as a unit functional unit); the units of the Ministry of Education. The Department of Business and the Company is affiliated with the Department; organizations and individuals are involved.

Order 2. The procedure, the procedure to resolve the complaint, address the prosecution and the public reception

1. The procedure, the procedure of resolving the complaint made by regulation from Article 27 to Article 43 of the Complaint Law and the provisions of the relevant law; the complaint of the decision to discipline the civil law, the prescribed execution officer at Article 50 and from Article 52 to Article 56 of the Law of Complaint and the provisions of the relevant law.

2. The procedure, the procedure of solving the implementation of the procedure according to regulation from Article 18 to Article 33 of the Indictment Law and the provisions of the relevant law.

3. Public reception under regulation from Article 59 to Article 62 of the Complaint Law; Article 22, Article 27, Article 30 Digital Protocol 75 /2012/NĐ-CP and the rules of the law concerned.

What? 3. The responsibility of the head of the department and unit functional units of the Ministry.

1. dissemine the provisions of the law on citizen reception, the resolution of the complaint, the resolution of the report on the organization, the individual subordinated.

2. Make a citizen reception, resolve the complaint, resolve the prosecution under the authority; the organization veritifully, reports the results of the verification, and the petition for the task of handling the complaint, denouncing when delivered.

3. Coordinate with the Inspector of the Ministry and the organizations, the individual involved in the reception of the people, the settlement of the complaint, the resolution of the charge; the handling of the issues relating to the decision to resolve the complaint or conclusion of the alleged content.

4. Human rights and guarantees necessary conditions for the reception of the citizens, resolving the complaint, the resolution denouncing by its authority and responsibilities; management, filing of prescribed records.

5. The organization makes a serious implementation of the decision to resolve the complaint, the decision to process the charge has been in effect the law relating to its responsibility.

6. Report of the Secretary of the situation and the results of the citizens, resolve the complaint, resolve the prosecution; submit the results and provide information to the Ombudman for the construction of the prescribed database at Article 9, Article 14, Article 15 of this Information.

What? 4.

1. Host or coordinate with text redaction related units in the field of citizen reception, resolution of the complaint, the resolution of the ministerial presentation issued by jurisdiction.

2. Host the propaganda, disseminalization of the law, the training of the citizens ' reception, the settlement of the complaint, the resolution of the report on the unit functions of the Ministry, the unit subordinated to the Ministry and the relevant subjects.

3. Watch, the governor of the department functions of the Ministry and its subordinate units in the reception of the people, process the application; resolve the complaint, resolve the charge; enforce the decision to resolve the complaint, the decision to process the charge under the rule of law.

4. Check out the citizens ' responsibility, resolve the complaint, address the head of the head of the unit and unit of the ministry.

5. Help the Minister to verify, conclude content and petition the treatment for complaints, denouncing the responsibility of the state administration of multiple units of the ministry or complaint, denouncing the complex when delivered.

6. Help the Minister to verify, the conclusion of the second settlement of the complaint that has been led by the head of the department functions, the department directly, the chairman of the province of UBND addressed the first time but the complaint or complaint has expired but not yet. solved for the complaint that the content belongs to the state management of the Department of GDT.

7. Total public relations and settlement resolution, denouncing the prosecution's scope of the Minister's liability, implement the report regime, the prescribed storage at Article 14, Article 15 of this and the relevant regulations.

Chapter II

PROCESS CITIZENS AND PROCESS APPLICATIONS

What? 5. Contact the Department

1. The resident destination of the GDT Department is located at the headquarters of the Headquarters (number 49, Great Lakes, Hai Thưu, Hanoi City) and at the Ministry's Representative Agency in Ho Chi Minh City (3rd, International Public Works, 3rd Quarter).

2. Minister (or Deputy Minister is authorized) to the citizens on the 25th of the month, if the date of the day is on the day of the civil service.

3. Inspector of the Department of Public Affairs on weekdays working on the local reception site of the Ministry.

4. The responsibility of the functional units of the ministry:

a) Office of the Ministry, Representative Agency of the Ministry in the City of Ho Chi Minh City responsible for the deployment of the Civil Service and ensuring necessary material conditions for citizens to present the claim, the complaint, the petition, reflection; coordination with the Ministry of Foreign Affairs. Inspectors of the Public Guide to the complaint, the order denouncing the order, the right of law; in coordination with the authorities in charge of the ground-in-law, which measures the treatment of civil rights violations of the citizens, causing loss of public order in the public place; vu. charge, insulting the credibility, honor of the state agency, the execs of duty, the service;

b) The head of the functional unit of the ministry is in charge of representing coordination with the Ombudman in preparing the content related to the field of state management at the public reception of the Leader of the Ministry and when asked by the Ombudman.

What? 6. Take the citizens of the units of the Ministry

1. The head of the subordinate unit of the Ministry is responsible for the citizens at least every month a day and must be publicly listed, the date of the citizen's reception; continued to appear in a complex case.

2. The unit directly belongs to the Department of Public Affairs at the headquarters of the unit. The head of the unit is responsible for organizing the citizens, ensuring the necessary conditions to take on citizens, the deployment of public personnel to the complaint, denouncing, the petition, the reflection.

What? 7. Single Processing

When a citizen's application is sent, the head of the unit of the ministry, the head of the department's subordinated unit is responsible for review and processing as follows:

1. The complaint, the plaintiffs; the application has the contents of the complaint, the application of the jurisdiction under the jurisdiction in Chapter III, this message.

2. The law enforcement agency with signs of criminal charges directly transfers the entire case or sent to the Inspector of the same level to perform the procedure for the transfer of the charge to the authorities.

3. The single does not have a complaint, denounce but is related to the function, the duty of its unit to review, address and answer the citizens.

4. The application has a complaint, denouncing, not under jurisdiction, to instruct citizens to submit a complaint to where the authority to resolve or deliver a complaint to the agency, organization, individual who has the authority to resolve by regulation.

5. No review, resolve the following singles:

a) The application does not specify the date of the year of writing; do not specify them the address name of the single person; there is no sign or direct point of the writing person;

b) The complaint is not directly related to the legal rights and interests of the complaint; expires, the time of the complaint; the complaint has decided to resolve the second time; the complaint has been managed by the court;

c) The report does not specify a name, the address of the whister; the prosecution has been given the authority to obtain a resolution without the new content or the alleged content without the condition to verify;

d) The application was sent to many agencies, many, which sent to the right organ or the person with the authority to resolve.

Chapter III

JURISDICTION, RESPONSIBILITY TO RESOLVE THE COMPLAINT, RESOLUTION.

Item 1

JURISDICTION, RESPONSIBILITY TO RESOLVE THE COMPLAINT

What? 8. Authority to resolve complaints

1. Minister ' s jurisdiction

a) Address the first complaint against:

-Administrative decision, administrative action; of the public, the official and the labourers are directly administered by themselves except those that have devolve or other regulated legislation;

-The decision to discipline the public, the official issued by himself.

b) Resolve the second complaint against:

-Administrative decision, administrative action was taken by the Chief Inspector, the first acting chief of staff but the first complaint or complaint was expired but not yet resolved;

-The administrative decision, the administrative action of the Chairman of the Provincial People 's Committee, which has content on education under the ministry' s state governing jurisdiction, first settled but also lodged a complaint or complaint has expired but has not yet been resolved. The decision

-Decide to discipline the officer, the officer was first settled by the Department for the first time but the complaint or complaint was first expired but was not resolved;

-The administrative decision, the administrative action of the head of the unit directly, was first settled, but the initial complaint or complaint was expired but was not resolved.

2. Judge of Chief Inspector

a) Resolve the first complaint against the administrative decision issued by itself and the Inspector of the Department of the Department of the Department of the Department under the provisions of the Administrative Breach Disposal Law and the Bar Act; resolve the complaint of administrative decision, behavior. The chief executive officer and the member of the jury, decided to establish it.

b) Help the Minister to verify, conclude, petition the settlement to the complaint under the authority of the Minister when delivered.

3. Secretary of the Bureau

a) Resolve the first complaint against the administrative decision, its administrative conduct;

b) Resolve the first complaint against administrative conduct in the task of duty, the public service of the public, the official administered by the Bureau of Direct Management.

4. Authority to address the complaint of the head of the department directly.

a) The authority of the Director of the University:

-Addressing the first complaint against the administrative decision, its administrative conduct; of the public, the official, the worker, the direct manager and the decision to discipline the public, the official issued;

-Resolving the second complaint against administrative decision; administrative action; the decision to discipline the civil union, the official, the worker who the head of the devolve of member units assigned to the cadre management resolved the first time but also lodged a complaint. or the first complaint ran out of time, but not solved.

b) The authority of the Office of the Head of the Department:

-Addressing the first complaint against the administrative decision, its administrative conduct; of the officer due to his direct management and the discipline of the officer, the labourers issued by himself;

-Resolving the second complaint to the administrative decision, the administrative conduct of the head of the assigned member unit on the management of the cadres solved the first time but the complaint or complaint was first expired but was not yet resolved. solved.

c) The authority of the representative under the law of the state-owned state business:

-Addressing the first complaint against the administrative decision, its administrative conduct; of the public, the official, the worker, the direct manager; the first complaint against the decision to discipline the public, the official, the worker. I do.

-Resolving the second complaint to the administrative decision, the administrative conduct of the head of the subordinated units and the legislation under the law of the subordinate state enterprise addressed the first time but also the complaint or complaint of the first time. It's out of time, but it's not settled.

d) The head of other career units, who represented the laws of the state enterprise with the authority to resolve the first complaint against the administrative decision, his administrative conduct; of the public, the official, the labourers due to his actions. Direct management.

What? 9. The responsibility for the staff and the resolution of the head of the head of the functional units of the ministry

1. The head of the functional unit of the ministry is responsible for addressing the complaint under the rule of law and the staff to help the Minister resolve the complaint under the authority of the Minister, namely:

a) A complaint with the content relating to the state management function of the unit, that unit is responsible for presiding over the staff for the Minister of Management and the resolution of the complaint according to the order, the procedure of regulation and the sending of the results of the complaint of the complaint. This is a Code 14, Article 14 of this article;

b) A complaint with complex content or relating to the state management function of many units reports the Leader of the Department to move to the Inspector of the Department to help the Minister to resolve the settlement;

c) A complaint with a content that does not belong to the state management function of its unit, the application to the resolution functional unit for the purpose of the trial, review of the settlement;

d) A complaint not under the jurisdiction of the Minister then instructs the application to submit to the agency, the organization, the individual with the authority to be considered under the prescribed settlement.

2. The responsibility to resolve the complaint of Chief Inspector and the Ministers

a) Receptors, the resolution of the complaint by regulation at this Smart and by the regulation of the current management hierarchy;

b) The invoice has the content related to the state management function of the functional units of the Ministry or other units under the regulation at point c, point d, paragraph 1 This to be managed, resolved.

Number 10. The responsibility to resolve the complaint of the head of the unit directly.

1. For the University and the member units

a) The Director of the University is in charge of the rationing, addressing the statutory complaint at this Information and the provisions of the relevant law.

The Inspector of the University of the University will help the Director of the University of Rationing, address the complaint according to the order, procedure procedure; lead the synthesis, report the work to solve the University's complaint and its member schools with the Department of GDT;

b) The head of the member unit of the University of the University is responsible for resolving the first complaint against the administrative decision, his administrative practice, of the public, the official, the worker, and the direct manager. Internal inspectors, cadres are assigned as inspector general of the presiding officer units to help the head of the rationing unit, resolve; lead the synthesis, report the Director of the University.

2. For the Education Publishing House of Vietnam, the Vietnam Institute of Education Sciences and the School Design Research Institute.

The representative under the law of the Vietnam Education Press, the Institute of Education of the Vietnam Education Sciences Institute, the Institute of the Institute for the Study of Designing School Design, resolved the complaint, which carried out the report results of the complaint resolution. Statutory complaint at this and the provisions of the law is relevant; self or devolve of the person who makes the verification, the report to the decision to resolve the complaint.

3. For the university, college, and other direct career units are available.

a) The rector of universities, colleges; the head of other affiliated career units responsible for the rationalization, settlement of complaints, information, regulatory reporting at this Smart and the provisions of the relevant law;

b) Organization of internal inspectors, cadres assigned as inspection work in universities, colleges help the principal, the head of the rationing unit, the resolution of the complaint; the head of the help of the principal, the head of the tracking unit, aggregate, The report is prescribed at this point.

Item 2

JURISDICTION, ACCOUNTABILITY.

What? 11. Judge resolution

1. Minister ' s authority:

a) The resolution of the alleged violation of the law of the agency, the organization, the individual that the content relates to the jurisdiction of the state governing state on the education of the Ministry of GDT minus the case that has been devolve or other regulated legislation;

b) The resolution of the violation of the violation of the law in the implementation of the mission, the head of the head, the deputy of the head of the unit of the functional unit of the Ministry, the unit subordinated to the ministry, the officer, the officer appointed by his appointment, the management directly except the case. Otherwise, there are other regulated legislation or legislation.

2. Chief Justice of the Chief Inspector: the resolution of the alleged violation of the inspector general ' s law, the inspector general and member of the inspector corps due to its decision to establish in the implementation of the law on the inspection of inspectors, complaints, charges, microprocessors. The main offense.

3. Authority's jurisdiction: denouncing the alleged violation of the law of education within the functional range, the mission is delivered.

4. The authority of the head of the department of subordinated career units within the Ministry: resolution of denouncing the violation of the law in the execution of the duties of the public, the officer, the employer due to his recruitment, appointment, direct management, or behavior. It violates the law of education within the functional range, the task is delivered.

What? 12. The responsibility for the staff, the resolution of the functional units of the ministry

1. Inspector

a) Verify that the content of the denothesis, the conclusion of the denothesis, the handling of the jurisdiction, the petition for the measure of the regulation of the specified content at paragraph 2, Article 11 of this,

b) Verify that the contents of the charge, report the minister, petition the measures to handle the affairs of the Minister's jurisdiction when delivered;

c) Consider, concluding the resolution of the report by which the head of the Department of Subordinate Functions and Units of the Ministry addressed but there is a sign of violation of the law; the case with the grounds that the resolution of the prosecution has a violation of the law, the petition. The Minister considers it, and resettle it.

d) presided over in coordination with the staff of the staff, proposed to the Minister of Rationing, the resolution of the minister 's jurisdiction over the minister' s resolve to those involved in the responsibility of the state management of many functional units of the ministry or element. It's complicated when it's delivered.

2. Department, Case, Office

a) The Chair of the Staff for the Minister of Rationing, the resolution of the report on the whistladism or whistled content associated with the responsibility of the state administration of the unit and sending the results of the settlement on Inspector General to synthesize, follow in accordance with the rules What?

b) For the application of the violation of the violation of the law that the content involved in the responsibility of the state management of many of the units of the ministry then moved to the Inspector to Presided Over, proposing a settlement resolution and the turnout at the request of the Inspector Department to help the Minister verify, conclude, and petition for the measure to be prescribed by regulation;

c) For the alleged complex case, the Department of the Department of the Department of Inspectman Inspects the Secretary to help the Minister to verify, conclude, and petition the prescribed trial by regulation.

Number 13. The responsibility to address the head of the head of professional units of the ministry

1. The head of the Department of Subordinated Career Units is responsible for resolving the alleged content of the function, the task of its unit and denouncing the violation of the law in carrying out the duties of the public, the officer and the labourers. I don't know.

2. The Director of the University is responsible for solving the charge of the functional content, the duty of its unit; the public, the official, the worker, who is directly administered by the direct management of the law in the execution of the mission, the service; the First, the deputy unit of the unit in the task of carrying out the mission, the service.

The head of the unit of the member unit is responsible for the settlement of the function of the function, the task of its unit; denouncing the violation of the officer, the worker, who is directly administered by himself in the execution of the mission, the service.

3. Inspector, cadre assigned as inspector general of the university or other career unit presiding over the Director of the University, the head of the rationing unit, the resolution of the charge; the head of the synthesis, the prescribed report.

Chapter IV

THE ORGANIZATION.

What? 14. Report Mode, Storage

1. Report Mode

a) The types of reports: a periodic report on the issue of the claim, the resolution of the complaint and the quarterly citizen, 6 months, 9 months and every year; the seminal report, the report of the conflict at the request of the Leader of the Ministry, of the Central agencies;

b) Content, period for the number of data, the deadline to submit a report on the claim work, the resolution of the implementation of the current implementation at the Digital Information 03 /2013/TT-TTCP June 10, 2013 of the Government Inspector of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the United States of the United States, on June 10, 2013 of the Government Inspector of Government

2. Storage Mode

a) Unit implementation of the settlement of the complaint, the resolution of the filing of the filing, the filing organization under provisions at Article 34 of the complaint and Article 29 The denotes;

b) Inspector the Ministry of receiving and storing records provided by the units submitted to: a complaint, a complaint; the document's rationing; the decision to resolve the complaint, the conclusion of the complaint; the decision to handle the complaint, the decision to process the charge (if any).

What? 15. Database on the resolution of the complaint, resolution of denouncing and taking citizens

1. Inspector of the Department of the Department of Coordination with the Bureau of Information Technology Building the database on the resolution of the complaint, addressing the ministry ' s report.

2. The database consists of the following basic content:

a) The statutes of the law on the complaint, denouncing and taking over the people;

b) A career guide to solving complaints, denouncing and taking on citizens;

c) Address reception of the order of the Ministry and of the Department's subordinated units;

d) Content of the Decision to resolve the complaint, The conclusion of the report in accordance with the provision of public opinion of the outcome of the complaint resolution, the resolution of the report;

Other relevant information.

What? 16. Enjoy

The organization, the unit, the individual who performed well on the decision to resolve the complaint, denounce or have a record in addressing the complaint, denouncing it as being rewarded under the rule of law.

What? 17. Waste Processing

The person with responsibility to resolve the complaint, the resolution that does not resolve, lack of responsibility in addressing or deliberately addressing the law must be taken seriously, if the damage is committed to the rule of law.

What? 18. Effect of execution

This message has the enforcement effect since February 10, 2014 and replaces the No. 1 decision. 47 /2007/QĐ-BGDT August 24, 2007, of the Minister of Education and Training for the settlement of the complaint, the complaint, the citizen.

What? 19.

Chief of staff, Chief Inspector Chief, Chief of the Ministry of Functional Units of the Ministry; Head of the Department of Subordinate Ministries, organizations, individuals with the relevant authorities responsible for this information ./.

Minister.

(signed)

Dissertation.