Circular 06/2013/tt-Ttcp: Rules And Processes To Resolve Accusations

Original Language Title: Thông tư 06/2013/TT-TTCP: Quy định quy trình giải quyết tố cáo

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The CIRCULAR regulates the process for resolving accusations _ _ _ _ _ _ _ _ _ _ _ pursuant to the law report No. 03/2011/QH13 on 11/11/2011;
Pursuant to Decree No. 76/2012/ND-CP dated 03/10/2012 of the Government detailing a number of articles of the law report;
Pursuant to Decree No. 83/2012/ND-CP dated 9/10/2012 of the Government functions, tasks, powers and organizational structure of the Government Inspector;
Proposal of the Director General, Legal Affairs and Director of the Bureau of anti-corruption;
The Government Inspector General issued a circular regulating the process for resolving accusations, chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the process for resolving accusations, settle back accusations, including the reception, verification, the conclusion about the content of the report, the processing of the settlement report and the publicity contents conclusions accusations, decided to handle violations reported.
Article 2. Application object 1. State agencies, the public, State-owned enterprises; agencies, organizations, units of State administrative agency, business units, SOE decided to establish.
2. Who addressed accusations, who was tasked to receive and verify the content of the report in the Agency, organization, unit specified in clause 1 of this article.
3. The accused, who were denounced, agency, organization, or individual units are related to the content of the report in the jurisdiction of the head of the Agency, organization, unit specified in clause 1 of this article.
Article 3. Principle solve the denunciation 1. The resolution accused must ensure timely, objective, accurate, properly authorized, sequence, procedure and deadlines prescribed by law; ensure the safety of the accused; protect the interests of the State, the collective, the legitimate rights and interests of citizens.
2. Within the scope of his responsibilities, who addressed accusations, agency, organization, or individual units assigned to verify the content of the report should adopt measures according to jurisdiction or to notify the police, the bodies competent to adopt measures to protect the accused timely, prevent violations of the law.
Article 4. Application of law handling accusations through inspection activities are carried out according to the provisions of the law on the Ombudsman and other related regulations; the notice accepting the report, announcing the results to resolve accusations made under the provisions of this circular.
Article 5. Resolve accusations have clear content, specific evidence, has the facilities to handle right 1. The resolution denounced violations of the law on State management in the field of content-specific evidence, clearly, has the facilities to handle immediately follow the provisions of article 33 of the Act.
2. The results resolve accusations made under the provisions of article 11 of Decree No. 76/2012/ND-CP dated 03/10/2012 of the Government. The reported results to resolve accusations for the denunciation made under the provisions of Paragraph 2 of article 25 of this circular.
Article 6. Handle the accusations in the case who denounce withdrawal of denunciation 1. In the case of the accusations please withdraw the content report and considers the withdrawal of accusations is the base to resolve accusations do not consider, resolve the contents of that report. In the case of reviews found violations of the law have yet to be discovered and handled the settlement report is still considered, addressed under the provisions of the law.
2. In case of withdrawal of the base report because the report threatened, forcing the people to resolve accusations must adopt measures to protect the accused, the handle for the threat, forcing people to report, and to consider, resolve to report under the provisions of the law.
In the case of the accusations please withdraw the content report to conceal violations of the law, evading responsibility or because service benefit, then depending on the nature and extent of the violation, the report will be considered, processed according to the provisions of the law.
Chapter II the SEQUENCE, PROCEDURE for RESOLVING REPORT section 1 receive, PREPARE to VERIFY the ACCUSATIONS the thing 7. Receiving report, check the condition of accepting the report 1. After receiving accusations in the authority, within the time limit prescribed in article 20 paragraph 1 point a Law's accusations, denouncing Solver must organize the inspection, verification of name, address of the accused and other content as defined in paragraph 2 of article 20 of law report.
In the case of the accused directly accuse the reception report requires the report stating the full name, address, present the identification and establishment of record content direct accusations form No. 01-TC attached to this circular.
2. With respect to the accusations in the case of not accepting the settlement set forth in paragraph 2 of article 20 of law report and the report have asked the person who resolved the accusations reported in writing to the accusations about not accepting the settlement report form number 02-TC attached to this circular.
3. for further accusations in cases not settled are specified in point b of Paragraph 2 of article 27 of law to denounce the resolution denouncing the notice in writing to the accusations, agency, organization, or individual units concerned about not accepting the settlement report and recommend termination report , the review, addressing accusations if no new details. Message text follow Model number 03-TC attached to this circular.
4. To report eligible to accepting the settlement, the functional unit or person checked, verify the content of the provisions in clause 1 of this set of votes to the people to resolve accusations of consideration, the decision accepting the settlement. The vote suggested accepting the resolve accusations follow the pattern of 4-TC attached to this circular.
5. In case of need, before accepting the resolution to denounce, denounce Solver organizations working directly with the report to clarify the content of the report and other related issues.
6. In the case of many of the same accusations by the provisions in clause 1 article 5 of Decree No. 76/2012/ND-CP dated 03/10/2012 of the Government, the test name, address of the report, contact the accusations, send notification accepting the report, announcing the results to resolve accusations made against representatives of the accusations.
7. In the process of resolving the denunciation, if people addressed accusations, who verify the content of the report should contact or work directly with the accused, they must choose the contact method, time, venue layouts appropriate to protect secrets for the accusations.
Article 8. Receive, handle and resolve reported back to report 1. Within 10 days from the date of the report, the head of the superior bodies of the person directly responsible for resolving report processing, consider the following: a) in the case of the time limit was too settled accusations that the case has not been resolved or be content to report unresolved then asks who is responsible for resolving accusations are resolved , and clear reporting requirements the reason about the unresolved accusations.
b) with respect to the report have been addressed correctly the law but there are new details have yet to be discovered in the process of settling accusations can alter the results to resolve accusations then asked who had settled accusations must continue to resolve accusations that jurisdiction.
c) when one of the signs violated the legislation specified in paragraph 2 of this Article, they must leave resolution, accepting the report. Order and procedure for resolving back accusations made under the provisions of this circular.
d) in the case of direct accusations have no new details, no signs of breaking the law is not accepting the settlement, at the same time notify in writing to the accusations, agency, organization, or individual units concerned as specified in paragraph 3 article 7 of this circular.
2. The sign violated the law to accepting, settle back accusations: a) there are serious legal violation of order and procedure for resolving accusations can alter the results to resolve the accusations.
b) wrong in applying the law when concluding the content report.
c) concluded the content report is inconsistent with the evidence collected.
d) the handling of people being accused and the Organization, individuals are not consistent with the nature and extent of the violations of the law have been concluded.
DD) Have evidence of people settling accusations or person receiving accusations, who verify the content of the report has falsified records the incident.
e) show signs of serious law violations who were accused but not yet discovered.
3. The State Inspection Agency considers the resolution denounced by the head of the Agency direct subordinates of the head of the State administrative organs at the same level has resolved that the conclusion of one of the signs violated the legislation specified in paragraph 2 of this recommendation, then the head of the State administrative organs at the same level of consideration , resolve back to denounce it. Order and procedure for resolving back to report according to the recommendations of the State Inspection Agency made under provisions of this circular.
Article 9. Decision accepting the settlement report 1. The settlement report is issued the decision accepting the settlement report (hereinafter referred to as the decision accepting). The change, additional content accepting the decision must be made by the decision of the people to resolve accusations.
2. In the case of the person addressed accusations of conducting verification then in accepting the decision to establish the verification or accusations Union verification report (hereafter referred to collectively as verify) have two or more people, including a man who was head of the delegation head or verification verification Nest (hereafter referred to collectively as the Chief verification Nest).
Accepting the decision and establishing verification must specify the name of the Agency, organization, unit reported, name, position, title, addresses of individuals reported; name, position, title of each person in the verification, the content needs verification, the verification period, the powers, responsibilities of verification.
Accepting the decision and establishing verified follow the pattern number 05-TC attached to this circular.

3. In the case of the person addressed report commissioned for the State inspection authorities or bodies at the same level, organizations, other units proceed to verify the content of the report, the decision accepting the must specify the Agency, organization, unit was tasked to verify, agency name, organization the unit reported, name, position, title, addresses of individuals were accused, content needs verification, the verification period.
Accepting the decision and given the task of verifying the content of the report follow the pattern number 06-TC attached to this circular.
4. The Heads of State inspection bodies or authorities, organizations, other units were tasked to verify the content of the report is responsible for establishing verification as specified in paragraph 2 of this Article.
The decision establishing verified follow model No. 07-TC attached to this circular.
Article 10. Notifying the Justice report 1. The person who resolved the accusations must be notified in writing to the accusations about the time of accepting the report and the content of the report to be accepting.
2. The announcement was made by one of the two following forms: a) Send the decision accepting the settlement.
b) Send written notice about accepting the accusations under model number 08-TC attached to this circular.
Article 11. The plan to verify the content of the report 1. The plan to verify the content of the report by the head of the nest and verification process of decision establishing approval verification.
2. plan to verify the content of the report include: a) legal bases to conduct verification;
b) purposes, the requirements of the verification;
c) verified content;
d) agencies, organizations, units and individuals must work to collect, verify the information, documents and evidence;
DD) the condition, means for verification;
e) expected duration of each work; the specific duties of each Member; backup time to handle the work;
g) progress reporting;
h) The other relevant content (if any).
Section 2 CONDUCT CONTENT VERIFICATION REPORT article 12. Announcement of establishing verification 1. Head Nest to verify responsibility assigned to verify the founding decision for people. In case the person being accused is the Agency, organization, unit then delivered the decision establishing verified for the head of the Agency, organization, organizational unit, or the announcement of the decision establishing verified with participants include: Agency representation, organization, unit created to verify , Verify, on behalf of the Agency, organization, unit reported; where necessary, invite the representative of the Agency, organization, or individual units concerned to attend.
2. The assigned or published the decision must be made in the minutes signed by head of the nest to verify, personal representative, reported the Agency, organization, unit. The minutes was established at least two copies, delivered a personal representative, reported the Agency, organization, unit reported and stored in the profile resolved the accusations.
Article 13. Work directly with the denunciation 1. In case of need, the verification of working directly with the report; require the accused to provide information, documents and evidence to clarify the content of the report.
2. work with the content report is established thereon, signed by the Prosecutor, who presided over the work with the accusations. The minutes made in at least two copies, one copy for the accused if the accused has requested and stored in the profile resolved the accusations.
Report on the work done under model number 09-TC attached to this circular.
3. in the case of non-working directly with the accusations because of objective reasons, the decision establishing verified or verification Nest Chief writing to ask the accused to provide information, documents and evidence to clarify the content of the report.
Article 14. Work directly with the person who reported 1. The nest verified to work directly with the person reported; ask the person to explain reported in writing on the contents reported, providing information, documents and evidence related to the reported content, content explanation.
2. work with the content being accusations must be established thereon under model number 09-TC attached to this circular. The minutes must be signed by the person being accused, who presided over the work with people being accused and established at least two copies, one copy to the person being accused if requested and stored in the profile resolved the accusations.
3. In the case of the award of the reported unknown; the information, documents, evidence provided by the person who reported insufficient verification it requires people with accusations continue, providing information, documents, evidence of the problem is still unclear.
Article 15. Ask the Agency, organization, or individual units concerned to provide information, documents and evidence related to the content of the report 1. To clarify the content of the report, the decision establishing the verification or verification request to the Agency, organization, or individual units concerned to provide information, documents and evidence related to the content of the report. The request was made in writing under model number 10-TC attached to this circular.
2. where necessary, the direct verification of working with agencies, organizations, units and individuals involved to collect the information, documents and evidence related to the content of the report.
The content of work established thereon under model number 09-TC attached to this circular. The minutes must be signed by a representative of the nest to verify, on behalf of the Agency, organization, or individual units concerned; established in at least two copies, delivered a copy to the Agency, organization, individual, unit and stored in the profile resolved the accusations.
Article 16. Collect, process the information, documents and evidence related to the content of the report 1. The work requires providing information, documents and evidence related to the content of the report is based on the verification plan has been approved, the requirements of the resolution. When receiving information, documents, evidence by the Prosecutor, who reported, agencies, organizations, individuals, units provide direct it must establish verification receipt form No. 11-TC attached to this circular.
2. The information, documents, evidence is collected directly to the original source as can be. When collected, the copy must be verified against the original; in the absence of a principal must specify in the receipt. The information, documents, evidence by the Agency, organization, unit supplied must be certified by the Agency, organization, unit provided. The information, documents, evidence provided by the individual must have confirmation of the offer. In case the document is lost, the page takes the letter, crumbling, too Dim not read correctly, the person receiving the document must indicate the status of that document in the receipt.
3. verification of the nest to check the authenticity of the information, documents, evidence was collected, the information, documents, evidence provided by the report to denounce violations and the information, documents, evidence provided by the person who reported to explain, prove correct , false content's accusations.
4. verification must Nest reviews, identified on the proof of the value of the information, documents, evidence was collected on the basis of compliance with the provisions of the law, the principles in handling accusations. The information, documents, evidence was used as evidence to conclude the report content is clearly the source, objectivity, relevance, legality.
5. The information, documents and evidence collected in the process of settling accusations must be closely managed, using the correct regulation; only provided or announced when the authority allows.
Article 17. The actual verification 1. The base plans to verify the details, or direction of the decision establishing the verification, the verification conducted to verify the actual need to collect, check, determine the accuracy of the information, documents and evidence related to the content of the report.
2. The actual verification are established record full verification results, opinions of the participants in the verification and other related ones. The minutes must be signed by the person who verified the relevant ones, and are saved in the profile resolved the accusations.
Article 18. Referendum-inspection 1. When it deems needed reviews of content related to technical expertise as a basis for the content of the report, dealing with violations reported the decision establishing verified the referendum authorities, competent inspection organization.
2. On the assessment done by the text which stated the Agency name, authorities; the information, documents, evidence needs examination; the required content expertise; the time limit for the conclusion. Text referendum inspections done under model number 12-TC attached to this circular.
Article 19. Renewed resolve accusations in cases of need, the resolution denouncing the decision renewed resolve to report according to the provisions in paragraph 2 of article 21 of law report. The decision to extend the resolving accusations made under model number 13-TC attached to this circular.
Article 20. Report the results to verify the content of the report 1. Head of the nest to verify shall report in writing on the results verify the content of the report with the decision establishing verification. The report documents must be verified in the nest members discuss, contribute comments.
2. The report of the verification of the results verify the content of the report must have the main content, the following: a) the content of the report;
b explanation of the contents) reported;
c) analysis, reviews the information, documents, evidence to prove true, false accusations of content;
d) reviews, reviews about the content of the report was delivered to verify is true, partly true accusations or wrong; the accused deliberately false accusations (if available);
DD) reviews, reviews on violations of the law, reported the Agency, organization, unit, other individuals (if any); the cause, the liability of the person being accused, agency, organization, or individual units involved in the content of the report is true or partially true;

e) material damage, the spirit due to violations of the law cause; the damaged objects;
g) also issues various opinions in the verify (if available);
h) recommendations to who has the authority to apply measures to handle violations of the law and force remedial due to violations of the law.
Verification of reports on the results of verifying the content of the report follow the model No. 14-TC attached to this circular.
3. in the verification process, if there are signs of behavior detection of crime, the head of the nest to verify the report immediately with the decision establishing verification. Decision establishing the right to verify the timeliness of processing according to the authority, the competent persons report reviewed, processed according to the provisions of the law.
4. The Heads of agencies, organizations, the unit was tasked to verify the content of the report to the report with the resolve to report about the results of verifying the content of the report. The report must contain the following: a) the content of the report;
b explanation of the contents) reported;
c) analysis, reviews the information, documents, evidence to prove true, false accusations of content;
d) conclusions about content report was delivered to verify is true, partly true accusations or wrong; the accused deliberately false accusations (if available);
DD) conclusions about violations of the law, reported the Agency, organization, unit, other individuals (if any); the cause, the liability of the person being accused, agency, organization, or individual units involved in the content of the report is true or partially true;
e) conclusions about damage caused by violations of the law cause; the damaged objects;
g) the problems also have different opinions (if available);
h) recommendations to who has the authority to apply measures to handle violations of the law and overcome the consequences caused by the violation.
Report the results to verify the content of the report follow the model number 15-TC attached to this circular.
5. In the case of verified to resolve the accusations back in addition to the contents specified in clause 2, paragraph 4 of this article, in the report of the verification, the Agency's report, the Organization, the unit was tasked to verify have to specify what content violates the law, misleading or inconsistent of the resolution of the previous report (if any), and recommended the disposal of for agencies, organizations, units, individual violations of the law in the process of settling accusations before.
Article 21. Consult counsel When it deems necessary, the decision establishing verified or who settle accusations consult counsel of the professional body, the superior authority or to the Agency, organization, unit, other related individuals to serve for resolving accusations.
Section 3 CONCLUDES the CONTENT REPORT, REPORT PROCESSING and RESOLUTION RESULTS PUBLIC DENUNCIATION Article 22. Announcing the draft conclusions to report content 1. Before issuing conclusive report content, in case of need, the resolution accused the Organization of meetings to inform directly or submit draft conclusions to report content to people who reported knowing and continue explanation (if any).
The person chairing the meeting to announce the draft conclusions to report content is the resolve to denounce or heads, organization, unit assigned to verify the accusations or the Chief verification Nest. The direct notice must be made in the minutes. The minutes must be signed by the person presiding, people reported. In the case of people who reported no sign then the person presiding must specify it within minutes.
2. If in the draft conclusions to report content information in State secrets, information harmful to the accused, does not notice it.
Article 23. Conclusion the content report 1. Based reporting results to verify the content of the report, the information, documents and related evidence, collated with the rule of law, the settlement report issued the conclusion report content.
2. conclusion of the content report must contain the following: a) the content of the report;
b explanation of the contents) reported;
c) analysis, reviews the information, documents, evidence to prove true, false accusations of content;
d) conclusions about content report is true, the right part or wrong; the accused deliberately false accusations (if available);
DD) conclusions about violations of the law, reported the Agency, organization, unit, other individuals (if any); the cause, the liability of the person being accused, agency, organization, or individual units involved in the content of the report is true or partially true;
e) conclusions about damage caused by violations of the law cause; the damaged objects;
g) measures are addressed accusations apply to directly handle infringement, forcing remedial due to violations of the law cause;
h) directing content Agency, organization, or individual units in the administration of the settlement report measures according to competence to handle infringement, forcing remedial due to violations of the law cause;
I) petitioning the Agency, organization, the other individual measures according to the competence to handle infringement, forcing remedial due to violations of the law.
The text content to report conclusions follow 16-TC attached to this circular.
3. In the case of settle back accusations, then in addition to the contents specified in paragraph 2 of this article, who addressed accusations must conclude on the contents violate the law, misleading or inconsistent of the resolution of the previous report (if any); processed under the authority or direction, agency recommendations, organization unit, or individual has the Authority dealt with agencies, organizations, units, individual violations of the law in the process of settling accusations before.
Article 24. The handling of the settlement report 1. After the conclusion of the content to denounce, denounce Solver must base the conclusion report content to handle as follows: a) for violations of the law, violated the provisions of the public service mission, under the authority of his handling of the settlement report issued the decision to recover the money , property; perform the procedures for disciplinary, administrative sanctions and apply other measures prescribed by law to handle infringement, forcing remedial due to violations of the law.
b) for violations of the law, violated the rules of the task, the public service under the control of the processing agency, organization, or individual units in the Administration, who denounced resolution directing the Agency, organization, or individual units that handle violations and force remedial due to violations of the law.
c) for violations of the law of criminal signs, the text has moved record of violations that agency for investigation under the model number 17-TC attached to this circular. Records handed over to the Agency's records are created in the process of settling accusations and must be copied back to the store. The delivery of records established thereon under model number 18-TC attached to this circular.
d) for violations of the law are not in cases stipulated in points a, b, c of this paragraph shall have written recommendations to the Agency, organization, or individual units are competent to handle violations, and included records of violations.
DD) in the case of the accused knowingly false accusations, the Solver must denounce measures under the jurisdiction to handle the accusations or agency recommendations, direction, organization, individual units are competent to handle according to the provisions of the law. Information about the person who deliberately report false, documents, autographs relating to content of willful false accusations is used for the processing of people knowingly false accusations.
2. The text handling accusations referred to in Points a, b Paragraph 1 of this article is clearly the time to complete the processing of content, the liability of the Agency, organization, or individual units involved in the implementation and reporting of the results.
Article 25. Contents conclusions public accusations, decided to handle the violations reported and reported the results to resolve accusations for the denunciation 1. The resolution denounced publicly responsible conclusion contents accusations, decided to handle violations reported according to the provisions of article 11 of Decree 76/2012/ND-CP dated 03/10/2012 of the Government.
2. In cases where the accused has requested the people to resolve accusations reported the results to resolve accusations for the accusations, except the information in State secrets. The reported results to resolve accusations made by one of the two following forms: a) Sent to the conclusion the content report, decision, processing text report.
b) Send written notice results to resolve accusations under model number 19-TC attached to this circular, which is stated to be the verification results, concluded the report content, the content decision, processing text report.
Article 26. Managing records resolve to report 1. Chief verified Nests are responsible for helping people resolve to report file to resolve accusations; gather the information, documents, evidence, evidence related to the content of the report, the verification results, conclusions, recommendations, decide to handle accusations, the publicity and announce the results to resolve accusations formed when opening the records to resolve accusations came when close the profile according to the following sequence : a) Open records to resolve accusations. The time of open records is the verification date is established;
b) collect, classify text documents; set contents to manage;
c) close the profile resolved the accusations. While closing the records on authorized person is done publicly conclude content accusations, decided to handle the violations reported and reported the results to resolve accusations for the report specified in article 25 of this circular.
2. Within a period of thirty days from the time of closing the profile, the head of the nest to verify completion of the arrangement, the contents and delivery records for the Department store of the body of Chief Nests to verify or handed over to the Agency, organization, unit, other individuals are people who resolve to report delivery of records management to resolve accusations that.
3. The profile resolved the accusations be arranged guaranteed exploitation, use convenient, quick to follow two groups of documents are as follows:

Group 1 contains the text, the following documents: application to report or record the content of direct accusations; The decision accepting the decision establishing verified; The plan to verify the accusations; Report the results to verify the content of the report; The conclusion report content; the text messages, handle, handling petitions report.
Group 2 consists of the following documents, text: The work thereon; text, documents, and evidence collected; text explanation of the person reported; other documents relevant to the content of the report.
Chapter III article 27 ENFORCEMENT TERMS. Effective enforcement of this circular is effective from 15/11/2013.
Circular No. 03/2009/TT-TTCP on 15/12/2009 the Government Inspector's process solve the accusations expired from the date of this circular effect.
Article 28. Make the Organization, ministerial-level agencies, government agencies, committees and levels are responsible for implementation of this circular.
In the process if there are difficulties, problems or new issues arise, the Agency, organization, unit, individual reflection on government inspectors to timely research, additional amendments.