Circular 02/2011/tt-Btm Dated: Further Regulations And Citizen Complaints, Accusations Of Ethnic Committee

Original Language Title: Thông tư 02/2011/TT-UBDT: Quy định về tiếp công dân và giải quyết khiếu nại, tố cáo của Ủy ban Dân tộc

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Pursuant to the law the complaint, report on 02 December 1998; Law on amendments and supplements to some articles of the law on complaints and denunciation of 15 June 2004; Law on amendments and supplements to some articles of the law on complaints and denunciation on November 29, 2005;

Pursuant to Decree No. 136/2006/ND-CP dated 14 November 2006 from the Government detailing and guiding the implementation of some articles 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. 60/2008/ND-CP dated 9 May 2008 of the Government functions, tasks, powers and organizational structure of the Commission;

Pursuant resolution 53/NQ-CP on 10/12/2010 of the Government on the simplification of administrative procedures in the scope of the Commission's management function;

Pursuant to circular 04/2009/TT-TTCP on August 26, 2010 by Inspector of government regulations and complaint handling processes, denunciation, single reflections, recommendations relating to complaints, accusations;

Committee for ethnic specific regulations to citizens and resolve complaints, accusations as follows: chapter I GENERAL PROVISIONS article 1. Scope 1. This circular further regulations and citizen complaints, accusations, proposals, reflections of the organizations and individuals under the jurisdiction of the ethnic Committee (hereinafter the Committee), consisting of: the work of citizens; reception, sorting, accepting the proposal to resolve the complaint, report; management of the work to resolve complaints, accusations and reports.

2. The reception, handling, reflect the recommendations of individuals, organization of administrative decisions made under the provisions of Decree No. 20/2008/ND-CP dated 14 February 2008 the Government of receiving, processing, reflect the recommendations of the individual, the Organization of the administrative decision.

Article 2. The object that applies to this circular apply to Ministers, the Chairman of the Committee, the heads of the subsidiaries, the Commission and the agencies, organizations and individuals concerned.

Chapter II PROVISIONS on CITIZENSHIP NEXT article 3. The next citizen responsibility 1. The Secretary, the Chairman of the Commission (hereinafter referred to as the Secretary, Chairman): steer the organisation and management of the Agency's citizen sitting places; issued further rules of citizens; ensure that the material conditions necessary for the citizen to present complaints, accusations, reflecting recommendations.

Direction, the next calendar layouts, depending on the requirements of the work to the layout of next month citizens; delegated to Deputy citizen sitting but at least each quarter Minister, Chairman of the arranged time to direct the citizen on 01.

Directing the inspection, Office, heads of Service, units Coordinating Committee taken seriously the task next to citizen complaints, accusations, reflections, recommendations and promptly resolved under the jurisdiction. The Chief Inspector, authorized the Standing Committee to continue the work of the Committee and the citizens asked the heads of the Service, the unit concerned the election of officers to join the next citizen in citizen sitting room when needed.

2. The Office of the Commission is responsible for: a) informs the Commission inspectors to the election officers next to citizens when citizens complain, report;

b) calendar layout to lead the next monthly citizen Committee under the provisions of the law and send the Chief Inspector of the Commission to coordinate implementation.

3. Commission inspectors are responsible for: a) deployed officers have enough competence of citizens. The citizens and resolve complaints, accusations made in accordance with the provisions of the law on complaints and denunciation. For fellow minorities don't know Mandarin next citizen officers reported heads arranged the translation;

b) Guide and answer the complaint of the citizen;

c) presiding, in cooperation with the Service, the relevant unit documents, documents to lead the Committee forward.

4. Responsibilities of Heads of Service, subdivisions Committee (hereafter referred to as heads of Service, unit): a) the heads of the Service, the unit is responsible, in coordination with the Chief Inspector of the Commission in processing the mail application, citizen complaints, accusations, reflecting the recommendations of the citizens;

b) Election officers have expertise in accordance with the request by the Chief Inspector of the Commission to coordinate the next citizen; join the Corps of inspectors, checking specific cases handled under the direction of the Commission and requested by the Commission inspectors.

5. The responsibilities of the Director of the local and the local Director of the II III: in addition to the provisions outlined in paragraph 5 of this article, the local Director of the II and III local Director is responsible for the following: a) room layout citizens and officers often direct the local area citizens are assigned charge. The citizens and resolve complaints, accusations made in accordance with the provisions of the law;

the next schedule b) is a citizen. Depending on the job requirements, Director of layout next inhabitants in March, but at least once a month to arrange the time to direct citizen 7 times;

c) directed the departments directly under the serious coordination task citizen to complaints, accusations, reflecting recommendations;

d) instructions, answers the citizen complaint, report to the competent authorities the right tackle. With regard to the content of complaints, accusations of State management under the authority of the peoples Committee sent to the Ombudsman Commission to handle according to the authority;

With regard to the petition of the citizens have content related to resolve mode, the policy management authority of the State of the nation report Committee leadership Committee for ethnic, please comments addressed or transmitted to the Service, the unit functions review, resolve and respond to citizens in accordance with the provisions of the law on complaint resolution , accusations. The local Director of the II and III local Director shall report the results in writing addressed to the Secretary, the Chairman;

DD) made the regime leadership Committee report and the Inspection Commission on further work.

6. The responsibilities and powers of the citizen: a marketing officer) officer, marketing officer duty citizens must wear a tag and full preparation conditions, means of working; check the identification of citizens (ID, referral, authorization, other papers as provided by law); citizens Guide to the full presentation, clear the contents of the complaint, report and deliver the documents and evidence related to the complaint, report; receipt paper, records, documents that citizens provide two copies, delivered to a citizen and a records to resolve;

b) officers, civil servants and citizens must continue to report fully and accurately, promptly with the heads of his direct about the content related to the complaint of the citizen; solve these problems when next to the citizens;

c) officers, public servants continue to be citizens only citizens in place of direct regulation of citizen Agency, his unit;

d) officers, servants next citizens not be troubling, harassed or hindered, delayed complaints, accusations of citizens; not to reveal the information, documents, autographs of the report;

DD) officers, citizens have the right to refuse further forward who is beyond drunk, psychotic and those who violate the rules where the inhabitants;

e) where citizens take advantage of the right to complain, report to insult, slander, threats, insults, loss of order where the next citizen officers and civil servants next citizens have the right to request relevant authorities have handled remedies in accordance with the law.

Article 4. Next place the population of 1. Next place the Commission's citizens in the Commission headquarters; next place citizens of the Commission in the area of Central West plateau located at the headquarters of local Service in the cities of Buon Ma Thuot II Dak Lak; next place the Commission's citizens in the southern region located at the headquarters of the local Service District in can tho city III.

2. place the inhabitants must be arranged in a convenient place, ensure the conditions and means necessary for the citizen to present complaints, accusations are easy, convenient. In the room next to the citizens clean layout, grave; There is the sea "Room next to the citizens", listing and marketing rules.

Article 5. Handle complaints, accusations at the next nationals 1. The handling of complaints, accusations at the place next to the citizens is done according to the provisions of article 49 of Decree 136/2006/ND-CP dated 14 November 2006 from the Government detailing and guiding the implementation of some articles of the law on complaints and denunciation and the law on amendments and supplements to some articles of the law the complaint , accusations.

2. Based on the nature and complexity of the case and shall resolve of professional departments in organs, officials and public servants set up citizen votes the next appointment with the citizens, at the same time the next log to track citizens.

Officers direct servants, citizens must complete the content and issues related to the further process of citizens into the next book. After the relay officer, citizens, public servants must report to the head of Service, the unit to continue to handle complaints, denunciations of the citizens according to the regulations.

3. in case of the recommended citizens to meet the Minister, Chairman, Committee leaders, heads of Service, unit officers, civil servants and citizens continue to record the content recommendations. Report to the Minister, Chairman, Committee leaders, heads of Service, unit please comments directed to record votes on appointments, next time, prepare documents and at the same time inform the Office of the Commission or the Administrative Department, the unit's general layout the citizen according to the rules.

Article 6. The next book the citizen 1. The next book to be written in full citizenship once weekly citizen to complaints, accusations, proposals, reflections (including the content: days, months, years of citizens; full name address, identification, ethnic, religion of the citizens; the summary content citizen to complaints, accusations, petitions , reflect; records of complaints, accusations; the names of officers, public servants and citizens proposed further processed; sign or point of citizens only).

2. To manage and track the window next to the citizens: a) inspection and monitoring Management Committee shared the Commission's citizen sitting;


b) heads of Service units, the Committee was assigned the task to assign citizens marketing officers, public servants, management track window next citizen of his unit.

Chapter III RECEIVING, SORTING and RESOLVE COMPLAINTS, accusations category 1 receiver, SINGLE CLASSIFICATION article 7. Single receiver 1. The single was received from the following sources: a) by the Agency, organization or individual directly sent to the Secretary, the Chairman, Vice Chairman, heads of Service units; through simple reception unit of the Agency; through the Agency's suggestion box, unit; through its headquarters next to the citizens;

b) by deputies, deputies to the people's Council, the Vietnam Fatherland Front Committee and members of the front, press agencies and other agencies moved to;

c) sent via the postal service.

2. Invoices received from the sources specified in paragraph 1 of this article must be on the shared or entered into the database system on your computer to manage and track. The policy and back up data on a computer is done according to the provisions of the law on archives.

Article 8. Sort menu to process the application under the provisions of the law, the Elimination of processing petition does not qualify, at the same time serve to manage tracking, reporting, marketing, single sum received from the sources as specified in paragraph 1, article 7 of this circular are classified as follows: 1. Classification by a single content) a complaint;

b) denunciation;

c) reflecting the recommendations;

d) Single has many different content.

2. Classification under conditions of handling a) eligible Single handling Unit qualify is processing that meets the following requirements:-the complaint, denunciation, single reflections, recommendations must sign directly and specify the full name on the menu;

-The complaint must indicate the day, month and year of the complaint; they, the name, the address of the complainant; the Agency's name, address, organization, individuals complained of; the content, the reason for the complaint and the complainant's request;

-Denunciation must specify name, address the accusations; content of the report; agencies, organizations, individuals reported;

-Menu reflects the recommendations relating to complaints, accusations, specify name, address of the reflection and recommendations; the content reflects the recommendations;

-Bills are receiver menu handle specified by law or has been processed in accordance with the law but the complainant, who accuse people reflect recommendations offered are documents, new evidence.

b) not eligible not eligible single handle handle is not satisfying the requirements in point a, clause; application is sent to many people, which has sent to the right person or agency having jurisdiction.

3. Classification according to jurisdiction a) Menu in the jurisdiction;

b) non Single jurisdiction.

4. Classification by the number of the complainant, the accused, of reflection, of recommendations.

a single name, surname) signature of person;

b) had their Single, signature, name of several people.

5. Classified papers, attached a document) accompanying papers, original documents;

b) without papers, original documents.

6. Classification by authority of the Agency, held a Single) in the jurisdiction of the Commission;

b) Menu in the jurisdiction of the organs of State power;

c) Menu in the jurisdiction of the State administrative bodies;

d) Menu in the jurisdiction of the bodies conducting proceedings, enforcement of judgments;

Single) in the jurisdiction of the political organization, social-political organizations, social-political organizations, social organizations, social-professional organizations, religious organizations.

Section 2 article 9 COMPLAINTS RESOLVED. The complaint in the jurisdiction 1. The complaint in the jurisdiction and qualified acceptance is the meet the requirements as specified in point a, paragraph 2 and point a of article 8 of this circular (the proposed accepting the settlement was done according to the model No. 1 attached to this circular).

2. The complaint in the jurisdiction but are not eligible for acceptance under the provisions of article 32 of the law on complaints and denunciation of the proposed single processing officer heads the Agency replied in writing to the complainant knew the reason for not accepting (the answer is done according to the model No. 2 attached to this circular).

Article 10. The complaint is not in jurisdiction 1. The complaint is not in the jurisdiction, the officer processing the form guide heads (or transfer) of the complainant submit to the Agency, the competent person to be settled according to the provisions of the law except in cases specified in article 8, Decree No. 136/2006/ND-CP on November 14, 2006 the Government's detailed rules and competition guidelines a number of articles of the law on complaints and denunciation and the law on amendments and supplements to some articles of the law on complaints and denunciation (the guide only performed once as model No. 3 attached to this circular).

2. With regard to the complaint by deputies, deputies to the people's Council, the Committee of Vietnam Fatherland Front and the front's members, the press agency or other agencies received and moved to but not in jurisdiction, the proposed single processing officer heads the Agency return the enclosed application documents (if any) and notice in writing stating the reason for not accepting the for agencies, organizations, individuals move to single (notice not accepting the application made under the denominator 4 attached to this circular).

Article 11. The complaint has a name, the signature of many complaints have the name, the signature of many officers handle the proposed single transfer heads charged single and entire document attached (if any) for the sender unit and guide people to complain, write each person's own complaint , submit to the Agency, the competent units to be settled according to the provisions of the law (the return is made according to the model number 05 attached to this circular).

Article 12. The complaint includes documents, original documents cases of complaint have attached papers, original documents not be accepting to solve the agency receiving the application, after the processing is done to return the complainant papers, document it. If you are accepting in order to solve the pay back was made immediately after the decision to resolve the complaint.

Article 13. A complaint for complaint resolution decision has the effect of law but the signs violated the law in the process of studying a complaint for complaint resolution decision has legal effect, if there is evidence that in the process of resolving complaints that signs violate the law affects the rights , the legitimate interests of the complainant, who complained or individuals, agencies, organizations, interests of State officers handle should report the agency heads to review the decision.

Article 14. A complaint against the administrative decision likely consequences difficult to overcome in the process of studying a complaint for complaint resolution decision, administrative decision, if it deems the enforcement of the decision complained of will cause consequences difficult to fix, single handle must be promptly reported to the agency heads review the decision to temporarily suspend or propose Authority decided to temporarily suspend the enforcement of the decision.

Article 15. Responsibility, jurisdiction 1. Responsibility, jurisdiction of the Secretary, the Chairman of a) the Secretary, the Chairman has liable-complaints jurisdiction according to the procedures prescribed in the law on complaints and denunciations, the law on amendments and supplements to some articles of the law on complaints and denunciation of 2005 and other documents guiding the implementation;

-Based content, the nature of the complaint the inspector or the Chief Justice delivered the heads of the Service, the unit conducting verification, the conclusions and recommendations addressed the Ministers, Chairman;

-Review of the jurisdiction of the complaint to the incident was resolved when recommendations or requirements of the Inspector General of Government.

b) Minister, the Chairman of the authority-complaints against administrative decisions, administrative acts of himself, of his servants, officers direct management;

-Complaints that heads of Service, subdivisions, the Committee has addressed first but also complaints;

-Resolve complaints with content under the governance of the Commission that the Chairman of the provincial people's Committee, the Director of the Department or equivalent level in the provincial people's Committee has resolved the first time but also a complaint;

-Resolve complaints for disciplinary jurisdiction;

-Resolve complaints for disciplinary decisions that heads of Service, units had to settle for the first but also the complaint;

-Complaint resolution decision of the Secretary, the Chairman stipulated in point b, point c and point e item 2, this is the complaint resolution decision has effect.

2. responsibility and authority to resolve complaints by the Chief Inspector of the Commission a) Chief Inspector is responsible for assisting the Secretary, the Chairman of the performing State management content about the work to resolve complaints within the scope of the Commission's management;

-General situation of claims and complaints are the responsibility of the Minister, and make the report mode specified by government inspectors;

-Ask the heads of the subsidiaries, the Commission addressed the complaints jurisdiction but has not yet been resolved. At the same time is responsible for the direction, test, urging the resolution of this complaint. In case of need, the petition the Secretary, the Chairman of the Organization for processing, irresponsible individual or willfully delaying the resolution of it.

b) Chief Inspector of the authority-identification, the conclusions and recommendations the complaints department in the jurisdiction of the Secretary, the Chairman;

-Verify the conclusions, recommendations, the resolution of complaints or discipline public servants, officers under the authority of the Minister, when the Minister, Chairman;


-Check, the inspector responsible for the resolution of complaints by heads of Service, units under the direction of the Minister, Chairman; When breaking the law then processed under the authority or recommendations to the Minister, the Chairman of the handle; recommendations the limited remedy, survive this work within the management of the Secretary, the Chairman.

3. responsibility and authority to resolve complaints by heads of Service, unit a) heads the Service, the unit is responsible-assigned officers to conduct the check, verify, conclusions, and recommendations to help heads of Service, unit for the resolution of complaints of administrative decisions, administrative acts;

-Organization of the officers conducting the check, verify, conclusion, recommendations to the heads of settlement for the complainant decided to discipline public servants by heads of Service units;

-Verify, verify the recommendations of Ministers, Chairman of the handle according to the jurisdiction over a complaint by deputies, deputies to the people's Council, the Vietnam Fatherland Front Committee, members of the Vietnam Fatherland Front, the press agency moved to under the provisions of the law on complaints , accusations, the law amending and supplementing some articles of the law on complaints and denunciation.

b) heads of Service, the unit has the authority to resolve complaints against administrative decisions, administrative acts of its officers, servant, officer due to his direct management; resolve the disciplinary officers, public servants, his officer issued under the provisions of the law on the management of the officers.

Article 16. Complaints procedure 1. The records include: a) the complaint (the complaint warrant according to the provisions of article 9 of this circular) or a recorded word of complaint, authorization of complaints (if any);

b) text, documents, artifacts, report, respond, reported to the legal interpretation of the complainant, who was the complainant (if any);

c) the minutes of interrogation, verification, assessment results, conclusions, minutes, meet for dialogue; decision on complaint resolution; the text of the document, other artifacts related to the content of the complaint, are collected in the process of accepting the conclusions, solve the case (if any). The number of records (1).

2. The order, the time limit for settling the order, the time limit for complaints made under the provisions of article 30, 31, 34, 36, 37, 39, 40, 43, 46, 41.42 of law complaints, report 1998 and the law on amendments and supplements to some articles of the law on complaints and denunciation.

Item 3 article 17 DENUNCIATION PROCESSING. Denunciation denunciation in the jurisdiction jurisdiction and qualified acceptance is the meet the requirements as specified in point a, paragraph 2 and point a, paragraph 6 of article 8 of this circular (the proposed accepting the denunciation is made according to the model No. 1 attached to this circular).

Denunciation in the jurisdiction, the proposed single processing officer heads to review the decision accepting the settlement under the provisions of the law.

Article 18. Denunciation not denunciation not jurisdiction in the jurisdiction, the proposed single handle officers with heads turning and the enclosed documents, evidence (if any) to the bodies, the unit, the authorized person to be settled according to the provisions of the law (the transfer of denunciation was made according to the model No. 6 attached to this circular).

Article 19. Denunciation is the party members in the central area officers to manage the party's denunciation of officers in the central area are made by decision No. 190-QD/TW on 29/9/2008 of the Politburo.

Article 20. Denunciation damaging behavior, are causing damage or threatening to cause serious damage to the interests of the State, agency, organization, personal denunciation damaging behavior, are causing damage or threatening to cause serious damage to the interests of the State, agency, organization, computer network personal property, officers single handle must promptly report, counsels, suggested to the heads of the agency applying preventive measures according to the provisions of the law or inform bodies, competent person promptly prevent, restrict, remedial.

Article 21. Responsibility, jurisdiction 1. To report violations of regulations on the duty of public service, public servants in the Service, the unit would then head of Service, the unit that is responsible for solving. To report violations of the provisions of the public service tasks of Heads of Service, unit, the Secretary, the Chairman has the responsibility to solve.

2. To denounce violations of law related to state management in the management scope of Service, units of the Committee of Heads of Service, unit that is responsible for solving.

3. The Chief Inspector of the Commission responsible for chairing the review, concluded the report content, and recommendations to Minister, Chairman of the handle measures with respect to the following cases: a) report that the head of Service, the units of the Commission were resolved but in the process of settling there in violation of the law;

b) accusations of violations of the law of Heads of Service, subdivisions Committee.

Article 22. The sequence of time resolved 1. The records include: a) denunciation or denunciations records (denunciation guarantee according to the provisions of article 18 of this circular);

b) text, documents, artifacts, report, respond, reports, explanations of the accused, who were to report (if available);

2. The order, the time limit for settling the order, the time limit for settling the denunciation made under the provisions of article 65, 66, 67, 69 of the Finance Act 1998 and the law on amendments and supplements to some articles of the law on complaints and denunciation.

Item 4 SOLVE the OTHER TYPE of Article 23. Menu reflects the recommendations related to the complaint, report 1. Menu reflects the recommendations relating to complaints, accusations in the jurisdiction, the proposed single processing officer heads the Agency accepting the resolution in accordance with the law.

2. Single reflection, recommendations relating to complaints, accusations are not in jurisdiction, the proposed single processing officer heads the agency review, decided to transfer the documents attached to the application (if any) to the bodies, the unit, the authorized person to be settled according to the provisions of the law (single transfer made under model number 7 attached to this circular).

Article 24. Menu has many different content for menu has many different content then the officers handled each separate application content in the application to handle. The handling of complaints, content content content, reflecting accusations; recommendations made under the provisions of this circular.

Article 25. The send to menu based next single due to the handling of citizen Agency, organization, individuals sent to Headquarters next to make citizens the right to complain, report, reflecting the recommendations made under the provisions of this circular.

Article 26. Menu is not in the jurisdiction of the Committee 1. Menu in the jurisdiction of the body conducting the proceedings, execution of single in the jurisdiction of the Agency to conduct the proceedings, judgment enforcement officers handle the unit heads who guide sent to agencies, units, who have the authority to proceed , under the provisions of criminal law, civil procedure law, the law on the procedure of resolving administrative lawsuits, law on execution and the other provisions of the law in the field of proceedings, enforcement of judgments.

2. Menu in the jurisdiction of the organs of State administration, Single field in the jurisdiction of the organs of State industry managers, field officers handle the unit heads who guide sent to agencies, units, who have the authority to be settled according to the provisions of the law.

3. Menu in the jurisdiction of political organization, political organization of society, social-political organizations, social organizations, social-professional organizations, religious organizations.

Menu related to the content of the internal organization of the activities of political organizations, social-political organizations, social-political organizations, social organizations, social-professional organizations, religious organizations, officers handled the proposal heads to guide people to submit to the competent organization to be processed , look under the provisions of the law.

Chapter IV MANAGEMENT of the WORK to RESOLVE COMPLAINTS, accusations and Reports 27. The responsibilities of the Inspector of the Commission 1. The Commission issued the legal text, text direction, organization and guidance to perform forward and resolve complaints, accusations in the scope of the Governance Committee.

2. test, inspection responsibility of Heads of Service, units of Committee work and citizen complaints, accusations.

3. Organization of training, professional training on further work and citizen complaints, accusations.

4. To sum up, reviews, experiences about the work and citizen complaints, accusations.

5. General results the work forward and resolve complaints, accusations of his unit and of the Service, the units report to the Committee of Ministers, the Chairman or other authorized State agencies.

Article 28. The responsibilities of the Service Unit heads of Service, the unit is responsible for governing, monitoring the work and citizen complaints, accusations in Service units; General marketing results and resolve complaints, accusations and reports of the Commission (Inspection Commission) according to the regulations.

Article 29. Reporting the work of complaint resolution, to report 1. Reporting the work of complaint resolution, to report quarterly report, including: the first 6 months and years; irregular reports.

2. the content of the report include: further work report citizens, receiving, processing results complaints, accusations and suggestions and recommendations.

3. The time limit for submission of the report: last month's before June 15, June and December of the year of the report.

Chapter V article 30 ENFORCEMENT TERMS. Effective enforcement of this circular effect since January 1st, 2011 and replaces decision No 167/QD-BTM DATED June 5, 2007 by the Minister, the Chairman of the Commission rules on complaints, accusations and citizen's Committee.

Article 31. Responsible for enforcing


1. The Minister, Chairman, heads of Service, subdivisions, the Commission is responsible for implementation of this circular.

2. The Chief Inspector of the Commission responsible for chairing the coordination with the Chief of the Commission and heads of Service, organizational development, instruction, inspection, inspection of the implementation of this circular.

3. In the process of implementation, if any problems arise, units, organizations and individuals need timely reflection of the Commission (Inspection Commission) to the Minister, the Chairman of the review, additional amendments./.