Circular 50/2011/tt-Bca: Rules Next To Citizen Complaints, Accusations, Proposals, Reflected In The Public Security People

Original Language Title: Thông tư 50/2011/TT-BCA: Quy định tiếp công dân đến khiếu nại, tố cáo, kiến nghị, phản ánh trong công an nhân dân

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Pursuant to the law the complaint, report on 2 December 1998 and 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 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. 87/CP dated 7 August 1997 the Government issued regulation further organization of citizens;

Pursuant to Decree No. 63/2006/ND-CP dated 23 June 2006 from the Government on the Organization and operation of people's police inspector;

Pursuant to Decree No. 77/2009/ND-CP on September 15th, 2009 by government regulation functions, tasks, powers and organizational structure of the Ministry of public security;

Pursuant to decision No. 858/QD-TTg dated 14 June 2010 the Prime Minister's approval of the project renovation work next to the citizens;

The Ministry of public security regulations next to citizen complaints, accusations, proposals, reflected in the people's police (CAND), as follows: chapter I GENERAL PROVISIONS article 1. Scope, application object 1. This circular defined the purpose, principles, responsibilities, procedures, sequences to citizen complaints, accusations, proposals, reflect (hereafter referred to collectively as the next citizen) under the control of processing, settlement of practicing.

2. Representative organizations; foreign individuals in Vietnam to complaints, accusations, proposals, reflected in the authority handling, tackling the people's public security force be applied according to the provisions of this circular, except in the case of international treaties to which the Socialist Republic of Vietnam signed or otherwise.

3. This circular applies to public security units, local.

Article 2. The purpose of the population of 1. Receive timely processing of complaints, accusations, proposals, reflecting the relevant to the responsible resolution of heads, practicing in the units specified by the law.

2. Guide the citizens make the right claims, accusations, proposals, reflects the true law, right body, the unit has the authority to consider, resolve.

Article 3. The principle of direct citizen implementation 1. Public, transparent, simple, convenient procedure, create favorable conditions for citizens to complain, report, recommendation, reflect.

2. Proceed directly at the place next to the citizens or the citizens, under the direction of mobile public safety leadership levels.

3. Make the right sequence, procedure, jurisdiction under the provisions of the laws and regulations of this circular, and are tied to resolve complaints, accusations, proposals, reflect.

Chapter II SPECIFIC PROVISIONS section 1 article 4 CITIZEN MARKETING ORGANIZATION. Next place the citizens of public security level 1. In The next Office: citizens of the Ministry of public security in Hanoi and Ho Chi Minh City (the Inspector), ensure convenience for the citizens, and to arrange the police force on duty of protection. In case of need (grievances, disorderly public...) Public safety the city of Hanoi, Ho Chi Minh City has elected to join forces to ensure security and order in the region Police Department's citizens.

With regard to complaints, accusations, proposals, reflections of citizens related to the functions and tasks of the Directorate, command, Service, Department, Institute of Ministry and the relevant function units, when necessary in citizen marketing officer marketing headquarters of citizens the Ministry inform Heads of unit that sent officers to coordinate joined nationals as a rule.

2. The Directorate, organization command next citizens in Office of the General Directorate of command.

3. the public security Department, central cities, the Fire Department and Police Department (hereafter referred to as provincial public security); Public security the County, district, town, city in the province (hereafter called the police at district level) next layout citizens in a convenient location, ensuring the conditions for citizens to present complaints, accusations, proposals, reflect the easy, convenient.

4. At the next addition to citizens under the citizen marketing rules general rules of the Ministry have to listed name, rank, position, time, calendar, followed by citizens of the heads and officers of the inhabitants. There are bookcases law to consult citizens when making complaints, accusations.

5. Where the next citizen of the General Directorate of public security, command, provincial-level public security delivered to the head of the unit responsible for the layout of forces to ensure order, secure continued citizen place.

Article 5. Officers direct the citizen 1. The Inspector, the General Directorate of public security, command, provincial Ombudsman officials arranged next to regular citizens.

2. Public security officers deployed at district level committees directly next to the citizens. When the citizens to complain, report directly to the Board of officers followed the citizens have a responsibility to coordinate with officials and inspectors are dedicated or part-time to the citizens.

3. Officers assigned to the inhabitants must have good qualities, have the knowledge and understanding of policy, legislation, have a sense of responsibility; further professional training, citizen complaints, accusations; has the communication skills and work experience; style, humble attitude. When the citizens must accept the Charter strictly CAND.

Article 6. The next organization of citizens 1. The heads of public security the next periodic level of citizens as defined below: a) Ministers periodically forward the citizens every month for at least a day at the headquarters of the citizen marketing (specific time by the Ministerial unification with the fixed set of Office);

b) heads of the Directorate, the recurring command next citizens every month for at least a day in the next place citizens of the Directorate, The Commander (specific time by the heads of the fixed units);

c) Director provincial public security periodically forward the citizens every month for at least a day in the next place citizens of the provincial public security (the specific time by the Director of the provincial public security assessments);

d) police district level periodically forward the citizens every month for at least a day at the next level of the citizens, the other day handed to officers directly continue the duty unit Board of citizens;

DD) police issued periodic Ward next citizens every month for at least a day, the other day given to officers directly ban next duty unit.

The individual units are the heads of public security staff levels in the work of responsible citizens prepared records, documents the heads next.

2. The organization forward unexpectedly or citizens.

The heads of public security levels beyond the next regular citizens, have to forward unexpectedly citizens or save in the following cases: a) scathing accusations, complaints, complex;

b) complaints, accusations, if not directed, timely review can lead to serious consequences ruin property of the State, the collective, violate citizen's life, influence political security, social safety and order;

c) Forward the request of the citizen.

3. The Inspector, the Inspector General, command Inspector and Inspector of the provincial public security organization next to citizen complaints, accusations, proposals, reflected by the hour on the administrative work of the week, so the next cadre of citizens. When necessary or when level on delivery, the Chief Inspector, Chief Inspector of the police, local units must direct the citizens.

Article 7. The responsibility of Heads of public security levels when the population of 1. The heads of public security to direct citizens periodically. Where there is reason then assigned deputies and public notice for the citizens to know.

2. When the next citizen, heads of public security levels are listening, recording, handling and steering to resolve complaints, accusations, proposals, reflections of the citizens in his jurisdiction as prescribed by the law on complaints and denunciation.

3. When the population of Heads of public security to opinion answer about resolving complaints, to report to citizens. If not answered immediately are to inform citizens clearly know the time resolution and response time as specified by the law.

Article 8. The responsibility of the police inspector of the levels in helping further heads the citizen 1. The Chief Inspector of the police granted responsibility: a) advised the heads of the inhabitants; preparing the plan, the necessary conditions to continue the heads of citizens, except the sudden population;

b) adequately prepared the information and documents related to the content of the service complaints, accusations that heads of units going to the citizen;

c) Professional Officer Election recorded content, get the information and documents provided by the citizen;

d) suggested the police unit leader relevant content complaints, accusations of same citizens attended the next citizen with heads to implement the requirements of the heads delivered after the next citizen.

2. End the citizens of heads, Chief Inspector and the units concerned shall assist the heads to prepare the reply text.

3. The Chief Inspector is responsible for the track, urging units, individuals make comments of Heads of public security at the same level.

Article 9. When next the next officer citizens citizens have the right to 1. Deny receiving complaints, accusations have been granted have jurisdiction in accordance with the provisions of the law and was unenforceable; the complaint is out of time limits complaints under the provisions of the law.

2. Reject the next citizen to citizen marketing headquarters in the following cases:-apply by using wine, beer, or other stimulants;

-Trapped mental illness;

-Who's the Court declared lost the capacity for civil acts;

– Commissioner, the guardian but not enough legal papers in accordance with the law;

-The disturbing loss of order in the place next to the citizens;

-The acts violence, insult of honour the next cadre of citizens dignity.


3. When there is a complaint to the incident, the accused person; complex causes to security, order ... has the right to ask public security units, local (where the citizens to complain, report) the election officers responsible to Headquarters next to the citizens, to take back local citizens resolve.

Section 2 ORDER, the PROCEDURE of CONDUCTING the POPULATION of article 10. Officers direct the citizen must comply the following sequence 1. Check the identification of people to complain, report, bringing the complaint, report. If the authorized person is complaining, the guardian, the Agency's representative, the organisation must have legal papers according to the provisions of the law. In the case of citizens report has requested confidentiality, the officers followed the citizens must specify the name, the address, the content of the report and requested the report to sign confidentiality and responsible for the accusations.

2. Explanation of the rights and obligations of citizens when done right to complain; the denunciation; the citizen's responsibility in providing the information to the police in accordance with the provisions of the law on complaints and denunciation.

3. Listen, reflect the citizens present, complaints, wishes to denounce. Open tracking, recording, full content citizens present. The case of oral presentation citizen petitions, complaints, accusations can ask them to write the text and sign to confirm next staff or citizens to record the content of complaints, accusations and ask them to sign.

4. Receiving the complaint, report and other relevant documents if the complaints, accusations and issued her resolve.

Article 11. Receiving the information, documents, evidence by the complainant, the accused provided 1. When people complain, the report provides the information, documents, evidence relevant to the complaint, report such as: administrative decision complained of, administrative behavior, complaint resolution decision of the competent authority (if any), the documents, other evidence relevant to the content of the complaint , accusations ... then the next citizen officers must check the validity of the document issued by the complainant, the accused provided.

2. After checking, collate materials, evidence, officials and citizens must be successive written receipt (two copies), record the name of the document, the status of documents, evidence (note stating the type of document is the original or a copy ...). The complainant requests, report to sign a receipt, delivery of a copy to the complainant, the accused, a switch to handle parts of the same material, the evidence received.

Article 12. The reception, classification of processing complaints, accusations, proposals, mirroring is done according to the provisions of the law on complaints, accusations and circular No. 63/2009/TT-BCA-V24 on 29/12/2010 of the Ministry of public security management guide and resolve complaints, accusations CAND.

Chapter III TREATS the CASE of the COMPLAINANT GROUP, article 13. Handle many cases of complaints, accusations about the different content instances many complaints, report the same to the place next to citizen complaints, accusations about the different content then the next cadre of citizens followed one by each content complaints, accusations of citizens.

Article 14. Handle many cases of complaints, accusations about the same content many cases of complaints, accusations (from 5 people upwards) to place next to citizen complaints, accusations about the same content then asked the complainant, accused election officials presented representative forward citizens. If there are from 5 to 10 people to the election of one or two representatives; If there are over 10 days, more representative number, but must not exceed 5 people.

Officers direct the citizen is responsible for receiving the documents, record your comments about the content of the complaint, report of a representative, read again for listening and asking delegates to sign.

After receiving the application, the information, the document issued by the representative of the complaint, the report provided further officers of citizens reported to the head of unit to accepting the settlement under the provisions of the law (if the case jurisdiction) or transfer to the jurisdiction (if the case is not in the jurisdiction).

Article 15. Handle complaints, accusations of complexity many people join the complaints, accusations of complexity have many participants (from 30 people or more) stiff attitude, pressing the next officer to calm, to quickly grasp the basic content of the case, the information , related documents and requested by the complainant, the accused; Quick reports and consultation of Heads of unit, can mobilize more officers to join the next citizens when necessary, and contact the local authorities or the Agency where the incident occurred to gather information quickly about the origin , the happenings, the process of resolving the incident at the base and the other necessary information related to the content of complaints, accusations.

The complex case was over many times, many levels solve that citizens still do not agree, then the local election proposal the competent officer, responsible for coordinating the same forward citizens.

Article 16. The next representative of the complainant, the accused in the case have many participants on the basis of initial information and guidance of the head of the unit, the citizen performs the following steps: 1. The request of the complainant, the accused sent representatives to work with the next cadre of citizens. Where necessary, the heads have direct responsibility of citizens.

For those individuals with disruptive behavior, violation of rules and regulations continues to deny citizens, not to the person making the representation, or entice, provoke the masses causing insecurity, order or perform acts contrary to law.

2. Invites the representative to the Office to present the content, the number of people left in the waiting room layout in other areas. Ask the representative presented the contents of the incident and the required resolution. Should clearly identify the cause, the engine of the complaint, the report is due to the slow settle, so solve is not yet satisfactory, owing to the complainant, the accused abusing democratic rights or for any other reason ... to propose measures for timely processing.

3. in the next process, noting the sort the comments, people have rights, benefits directly with the complainant, the accused, who take advantage of provoking, follower, policy objects to take measures promptly.

Chapter IV IMPLEMENTATION article 17. Effective enforcement of this circular effect after 45 days from the date The quote and replace decision No 72/1998/QD-BNV (V24) on February 20, 1998 by the Minister of the Interior (now the Ministry of public security) issued regulations next citizens in practicing.

Article 18. Responsibility 1. The heads of public security units, local in scope of missions, their powers are responsible for directing the next organization of citizens as stipulated by the Government, of the Inspector General of the Government and the provisions of this circular.

2. The Chief Inspector shall assist The Chief Guide, urge, examine the implementation of this circular with regard to public security, local units; periodically report The leadership to steer. Chief Inspector of police, local units are responsible to help heads of public security units, the same level of local guides, the urge, examine the implementation of this circular in the scope of the duties and powers of the head of public security at the same level.

In the process of implementation of this circular, if there are problems, public safety, local units reflect on (through inspector) for instructions or additional timely amendments./.