Pursuant to the law the complaint, report in 1998, the law on amendments and supplements to some articles of the law on complaints and denunciations, 2004, 2005;
Pursuant to Decree No. 136/2006/ND-CP dated 14 November 2006 from the Government detailing and guiding the implementation of some provisions of the law on complaints and denunciation and the law on amendments and supplements to some articles of the law on complaints and denunciations;
Pursuant to Decree No. 65/2008/ND-CP on May 20, 2008 of the Government functions, tasks, powers and organizational structure of the Government Inspector;
Government inspectors continue the process guide of citizens as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular guidelines, procedures to citizen complaints, accusations in State administrative bodies, including: the complainant; next the denunciation; the population of the administrative heads of State; next represented many complaints, accusations;
The reception, handling, reflect the recommendations of the individual, the Organization of the regulations related to business activities, people's lives, in the scope of management of the State administrative organs are made according to the provisions of Decree No. 20/2008/ND-CP dated 14 February 2008 of the Government.
Article 2. Object applied to this circular is applicable to: 1. Citizens, agencies, organisations complain of administrative decisions, administrative acts; officials and civil servants in the disciplinary complaints; citizens in the report;
2. State administration; The heads of State administrative bodies; officials and public servants in the citizens (known collectively as the next citizen).
Article 3. The purpose of the population of 1. Receiving complaints, accusations in the jurisdiction of the administrative heads of State for consideration, the decision to settle the complaint, concluded the settlement report, decided to handle accusations and answers for citizens to know the correct time prescribed by law.
2. Guide the citizens make the right to complain, report the correct legal provisions; contribute to propagating the law on complaints and denunciations for the citizens.
Article 4. Costumes, attitude, responsibility of the next citizens 1. When the next person's outfit, citizens must be presentable, have worn cards, photo stickers, stating the Agency, name, title, number of the according regulations.
2. The next citizen must have the proper attitude, respect people; listen to the citizen presented the content and fully explain, guide the citizens complaint authority, made the denunciation in accordance with the provisions of the law.
3. in case of citizen to citizen sitting place in drunk, psychotic or have further rules violations, the citizens who followed the citizens refused, asking them to cease violations; If you need to set the minutes about the violation and ask relevant authorities handle under the provisions of the law.
Chapter II CONTINUED the COMPLAINANT 1 DETERMINE the IDENTITY of the COMPLAINANT, the LEGITIMACY of the LEGAL REPRESENTATIVE article 5. Determine the identity of the person to complain 1. When the complainant, who was sitting next to citizen complaints recommendation introduction they name, address and identification, referral (if available) to identify them as the person himself made the complaint or grievance representative.
2. in case the citizen himself made the complaint and the eligible claims as defined in article 2 of Decree 136/2006/ND-CP on November 14, 2006, then the next person receiving citizen complaints and reports the heads of agencies accepting to solve.
3. in case the citizen who is not eligible to appeal under the provisions of article 2 of Decree 136/2006/ND-CP on November 14, 2006 the next citizens explain, guide the citizens to do the necessary procedures to make the complaint in accordance with the regulations.
Article 6. Determine the legality of the representative organ of the Organization, the complaint 1. The case Agency, organizations make a complaint through the representative is the head of the Agency, held as stipulated in paragraph 2, paragraph 3, article 1 of Decree No. 136/2006/ND-CP on November 14, 2006 the next suggested citizens who represent referrer certificate, 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 person's identification.
Article 7. Determine the legitimacy of representative, of the person authorized for citizens to complain 1. The case is presented to the complainant's representative set forth in point b, paragraph 1, article 1, of Decree 136/2006/ND-CP on November 14, 2006, the who recommended citizens who continue to present present the proof of the lawful representative of the complainant or other related documents.
2. The case is presented to the person who authorized the claims specified in point c, paragraph 1, article 1 of the Decree 136/2006/ND-CP on November 14, 2006, the who recommended citizens who continue to present present the power of Attorney, demonstrate people's messages or other relevant papers.
3. 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 processed as according to the provisions of article 9 of this circular.
4. Proof for the claims representative, authorization of complaint was received along with the profile and the information and documents provided by the complainant if the incident in the jurisdiction of the Agency.
Article 8. Determine the legality of the lawyers in the case are the complainant ask for help about the complainant case law lawyer legal help on the next suggested citizens present solicitor, request help on the law of the complainant, the recommendation of the organisation practice attorney or referral Attorney Corps.
Article 9. Handle the case not legally authorized, not properly regulated citizenship cases without authorization or non-authorization as prescribed in point b, c Item 1 or item 2, 3 article 1 of Decree No. 136/2006/ND-CP on November 14, 2006, then the next people not receiving the service profile but must explain the reason , a guide to making citizens 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 1, article 33 of the law on complaints and denunciation of 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 a complaint or written additions to a complaint about the content of the unknown, is 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 clause 1, article 33 of law complaints, accusations. If the citizen to live the next person presenter citizenship record, 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 they sign or point only.
3. where many people complain about a content or a complaint signed by many people then followed the complainant's Guide citizens written into the private menu to make the complaint, then check and receiving the complaint and the information, documents (if any).
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, the relevant documents that the complainant provide further citizens, who must identify the following: 1. place, time to time arises.
2. The person who complained is individual, agency or organization.
3. content complaints about the problem, the field would, in the Agency's jurisdiction.
4. The object of the complaint is the administrative decision or administrative acts.
5. The review process, resolve: the incident has been granted would solve yet; the results solve; form text to resolve the Agency's authority.
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), other relevant documents then the next citizen must check the validity of the document.
2. After the collation of documents, the evidence provided by the complainant, the next citizen must write "receipt" form, in two copies, record the name of the document, the evidence received, status of documents, evidence (note stating the document type as the original or a copy ...) recommended the complainant sign the "receipt" , 1 a for the complainant, 1 a will move to accepting the same 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 and qualified under the provisions of article 2 of Decree 136/2006/ND-CP on November 14, 2006 the next citizen to do the procedure of receiving the complaint, the complaint and the information, documents attached by the complainant provided (if available) , report to the heads of agencies to handle within the time limit prescribed by law.
The reception of the information and documents 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 settlement as defined in article 2 of Decree 136/2006/ND-CP on November 14, 2006 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 State agencies to complain in the jurisdiction of the heads, then the next record citizen complaints content simultaneously report to the heads of the agency review the decision. If the agency heads agreed to unify the next time and the next recording citizens vote on a date, time, location next to the complainant at the same time are responsible for preparing records, documents relating to the case to serve the citizens of heads under the provisions of Chapter V of this circular.
Article 14. For the processing of complaints not jurisdiction 1. Complaints not resolved under the jurisdiction of the agency heads who guide the citizens continue to complain, complain to the right agency to have jurisdiction under the provisions of the law, except where the provisions of article 8 of Decree No. 136/2006/ND-CP on November 14, 2006.
2. in case of a complaint under the jurisdiction of the lower levels but the specified period that has not been resolved, the person must report to citizens next heads to the level required under the settlement and steer test, urging the resolution, adopt measures as prescribed in paragraph 4 , Article 6 of Decree No. 136/2006/ND-CP on November 14, 2006 to handle.
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. The case of a complaint for complaint resolution decision has legal effect, if there is evidence that in the process of resolving the signs violated the law affecting the rights, legitimate interests of the complainant, who was the complainant or individual, agency or other relevant organizations the State's interests, then the next citizen reports with the agency heads to review the decision.
2. where the administrative decision deeming, complaint resolution decision complained of if is executed will cause the consequences difficult to overcome the next citizen must promptly report to the heads of the agency review, decided to temporarily suspend or recommendations that the Agency has the authority to temporarily suspend the enforcement of the decision.
Article 16. Handling of petitions, complaints related to reflect citizen to present or take petitions, complaints related to reflection in the jurisdiction of the Agency, the citizen to receive and forward reports to the heads of agencies accepting to solve under the provisions of the law.
The case of recommendations, reflects complaints not related to the Agency's jurisdiction, the next person to guide citizens citizens presented with competent State bodies. If citizens have the menu then the next citizen Returing and guide citizens submitted to the Agency to have jurisdiction.
Article 17. On track after checking, collated the papers needed and based on a complaint or content presented by the complainant, the information and documents 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 content, the review process, resolve of the competent authority (if any) and the requirements, the specific proposal of the complainant , summary of results and the processing.
Chapter IV the NEXT REPORT section 1 IDENTIFY PERSONAL, CONFIDENTIAL and PROTECTS the DENUNCIATION Article 18. Determine the identity of the accused when the next person report, the next proposed citizens who denounce introduction they name, address and present their papers.
If the citizens do not have a valid then the next citizen refused, except in cases of emergency nature report are specified in article 25 of this circular.
Article 19. Confidentiality and protection of the accused during the next person accused, who followed the citizens must keep a secret name, address, writing the report; not disclose information harmful to the accused; apply the necessary measures to ensure the accused are not threatened, retaliation, revenge.
Section 2 HEAR, RECORD, REPORT CONTENT INFORMATION, article 20 DOCUMENTS. Listen, take notes to report content When the accusations presented directly, the next citizen listening to, recording, full content report as: name, address the accusations, they name, who were denounced and others concerned; time, location service; the content, the process of resolution of the competent authority (if any), the content of the report; If necessary, record your accusations. Denunciations records must give the report to read, hear, if also more comments then the supplements then asked the accused to sign.
Article 21. To receive denunciation of cases people report having denunciation shall approach the citizens should check whether the signature menu, if is a copy suggest the accusations renewed; If not, specify name, address the accusations the next required citizens to specify name, address the accusations; If the content of the report unclear, incomplete suggested the accusations provide additions to singles accusations or verbal presentation and be the next citizen records. After recording the content report, next to citizen who suggested the accusations and stating their name into the minutes or the next book.
Article 22. Receiving the information, documents, evidence provided by the report When receiving the information, documents, evidence provided by the Prosecutor, the person continues to do citizen receipt which specify each type of information, documents, evidence, status information, documents, certified by the person who provided it. A receipt was established 2 a, 1 a the accusations, a take on the record.
Category 3 CLASSIFIED, HANDLED ACCUSATIONS the thing 23. 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 person next to the citizens must determine the following: 1. place, time to time incurred incident 2. People being denounced as individuals, agencies and organizations.
3. Content of the accusations about the problem, the field would, in the Agency's jurisdiction.
4. The review process, resolve: incident report has been issued would solve yet; content of the resolution, the resolution text form of the competent bodies.
5. The request of the accused, agree or disagree with the resolution of the competent bodies have resolved; the reason the next report (if available) and the new evidence that the report provided (if any).
Article 24. Handle the accusations in the jurisdiction, not under the control of 1. The base content, properties, characteristics report according to the provisions of article 38 of Decree 136/2006/ND-CP on November 14, 2006 to determine which agency has jurisdiction. If the accusations under the jurisdiction of the Agency the next report citizens accepting the heads to solve.
2. where the accused is not in the jurisdiction of the Agency the next citizen transfer forms and the relevant documents to the competent agency settled within the time limit prescribed.
3. in case of denunciation in the jurisdiction of the Agency to direct subordinates but the specified period that has not been resolved, the next report to citizens who heads out to request documents under the settlement.
4. in case of denunciation of the crimes acts of direct citizen who heads report to transfer application and the documents related to the investigation or the Procurator having jurisdiction.
Article 25. Handle emergency nature report If the report has properties like: to report violations of law capable of causing damage or threat of damage to State interests, right rights, legitimate interests of citizens, agencies, held the next citizens must immediately report to the heads of the measures applied by the authority to prevent or to notify the relevant authorities to take measures to prevent processing, timely.
Article 26. Handling of accusations by officials-level case management committee report for officers in the management of the Grants Committee of the superior, or denouncing the serious, related to many disciplines, many levels then the next citizen must report to agency heads to steer the next citizen If needed, the suggested direct agency heads who report.
The handling of accusations against party members are officers in the central area is done according to the rules of 90-QD/TW, on 29/8/2008 of the Politburo.
Article 27. Handling for cases of direct accusations, but no new evidence in the case report was competent to resolve the present report continues to report but no new evidence then the next non-citizens receiving and interpreting the report said.
Article 28. Handle for recommendations, reflecting accusations related citizen to present or take petition, reflecting relevant to accusations in the jurisdiction of the Agency, the citizen to receive and forward reports to the heads of agencies accepting to solve under the provisions of the law.
Case of petitioning, reflect the related accusations do not belong to the jurisdiction of the Agency the next population of reception and transfer to the jurisdiction under the provisions of the law.
Article 29. In the window track
After checking, collate the necessary papers for the case report and based on the presentation of the report, the information, the materials that they provide, the citizen must continue on "citizen Marketing Book" was issued under the unified form, 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, resolve of the competent authority (if any) and the requirements, specific recommendations of the report, the summary and the processing of results.
Chapter V CITIZEN SITTING HEADS of STATE ADMINISTRATIVE BODIES article 30. The responsibility of Heads of State administrative bodies in the direct citizen 1. The heads of State administrative bodies are responsible for direct recurring citizen specified in article 74 and article 76 of the law on complaints and denunciation.
a) heads of State administrative bodies to direct citizens periodically, where necessary for reasons of objectivity, then handed to deputies and public notice for citizens know who is next on behalf of the citizens.
b) When the citizens sitting heads of State administrative bodies must reply comments regarding the complaints, report to citizens. If not answered right away be it must clearly inform the time resolution and response times for the citizens.
2. The Heads of State administrations next citizen urgent request in the following cases: a) scathing accusations, complaints of complexity;
b) complaints, accusations if not steer consider timeliness can cause serious consequences leading to ruin the property of the State, the collective, harming citizen's life, influence political security, social safety and order;
c) Next to the citizens at the request of the superior bodies.
Article 31. The Agency's responsibilities, relevant units and State inspection agencies in helping the agency heads next citizens 1. The Agency, the unit that are related to the content of complaints, accusations and State inspection bodies at the same level are responsible for: a) the choice of layout, the case heads to the next, except emergency citizen sitting;
b) adequately prepared the information and documents related to the content of the service complaints, accusations that agency heads will forward 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, relevant specialized units along with citizen next heads to implement the request by the heads of Department.
2. End the citizens of heads, bodies, relevant specialized units responsible for helping prepare heads the answer text.
The case involves the responsibility of many, many major State inspection bodies at the same level shall assist the heads of prepare the text to answer the citizens.
Chapter VI FURTHER REPRESENTATIVE of MANY COMPLAINTS, accusations the thing 32. The next representative of the many complaints, accusations about the same content 1. Many cases (from 5 people upwards) to place next to citizen complaints, accusations about the same content, then the next request citizens who complain, to denounce the elections represent the presentation about the incident with the next content citizens. The representatives shall be as follows: a) in the case of from 5 to 10 people to the election of one or two representatives;
b) in the case of 10 or more people, the more representative number, but must not exceed 5 people.
2. The next responsible citizens receiving the document, record your comments about the content of the complaint, report of a representative, read again for listening and asking delegates to sign.
After research, if the incident in the jurisdiction of the Agency, who reports to citizens next heads to accepting the settlement. Case report content not belonging to the jurisdiction of the Agency, the next report to citizens who heads to transfer the case to the jurisdiction. The content of the complaint cases not under the control the next citizen guide citizens to complain to the competent authorities.
Article 33. Handle many cases of complaints, accusations of more complaints, accusations have more complex content, the responsibility of many, many levels, has passed through many agencies consider, resolve or complaints, accusations have so many participants, stiff attitude, pressing the next citizen must : 1. Timely grasp of the basic content of the incident; the request of the complainant, the accused; information on the identity of those represented in the complaint, report.
2. Timely reporting the happenings on the complaints, accusations and asking for direction of the heads. Where necessary the proposal heads require the competent authority where the incident to provide information about the origins, evolutions, the process and the other necessary information related to the content.
3. in case of complex incidents, over multiple times, multiple levels of resolve that the citizens still complain, then suggest the local authorities, the Agency where the incident occurred the elections officers sitting together competent citizens.
4. The case of the complainant, the accused have agitated behavior, disturbing order or threat for the next citizen then heads should promptly strengthen the next citizens and demanded authorities take measures promptly.
Article 34. The next representative of the complainant, the accused in the case have many participants 1. Complaints, accusations and more people join the next citizen must: a) asked the complainant, denounced the election of representatives to present to the next according to the number of citizens as stipulated in article 32 of this circular. Where necessary, the agency heads directly to the citizens.
If the representative is personally have disruptive behaviour, delinquency, further regulation of citizens then the next citizens refuse to the person making the representation and send other people as representing the complainant, accusations.
b) asked the representative presented the content and requirements of the complainant, the accused. On the basis of the presentation and the information and documents provided by the representative and from other sources have been, the next citizens determine the content, causes, motives of the complaint, report, requested by the complainant, to report to the agency heads reported measures are timely processed.
2. In the course of next next citizen citizen, paying attention to the objects classification of complaints, accusations, such as: who has the rights directly related to content complaints, accusations; the advantage of the right to complain, report to excite, entice others to complain, report; the agitated people, entice; the policy object to have the appropriate disposal measures.
Article 35. Preparation of guidance documents, answer citizens 1. On the basis of the content, the request of the complainant, the accused, the next citizen must identify competent authorities solve each particular content.
The case is not under the jurisdiction of the agency heads next text prepared citizens to transfer the content of the report to the Agency have jurisdiction; Guide representative to complain to the Agency have jurisdiction; prepare a written reply to the complainant's representative, accusations.
Cases under the jurisdiction of the agency heads next citizens have the responsibility of preparing the text for the heads of agency instructions, answer to the complainant's representative, accusations.
2. Text instructions, answers for the representative complaint must clearly state the content of complaints, accusations; the content has been addressed, the content has not been resolved; the Agency has the jurisdiction and responsibility of the agency having jurisdiction; the rights and obligations of the complainant, the Prosecutor and representative complaints, accusations when complaints, denunciations with competent State bodies; other content relevant to the incident to perform citizen complaints, accusations as prescribed by law.
3. Before issuing guidance documents, the answer then the next person to explain to citizens who represent the complainant, the accused knew the legal bases relating to the transfer of the contents of the complaint, to report to the Agency have jurisdiction; ask the representative to explain to the people the same complaints, accusations and follow the direction of the next citizen.
Chapter VII ENFORCEMENT PROVISIONS Article 36. Effective enforcement of this circular is effective from January 1st, 2011.
The citizens of the next Office citizens of Central Party and State in Hanoi and Ho Chi Minh City, the headquarters of the Ministry of citizenship continues, local industry, to be applied to the provisions of this circular.
In the process if there are difficulties, problems or new issues arise suggest State agencies, organizations and individuals concerned about timely reflect the Government Inspector to modify, complement accordingly./.