The DECREE about the reception, handling, reflect the recommendations of individuals, organization of administrative rules _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law organizing the people's Council and people's Committee on November 26, 2003;
The Minister's proposal, the Chairman of the Government Office.
DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree regulates the reception, handling, reflect the recommendations of the individual, the Organization of the administrative regulations related to business activities, people's lives.
This Decree does not rule on complaints, accusations and complaints, accusations.
Article 2. The object to apply the decree applies to the following objects: 1. State agencies, the authority receives, handles reflect recommendations of the administrative regulations.
2. Individuals, organizations have reflected the recommendations of the administrative regulations.
Article 3. Explanation of terms In this Decree, the following words are interpreted as follows: 1. administrative regulation is the regulation of mechanisms, policies, administrative procedures relating to business activities and people's lives, in the scope of management of the State administrative agency, State Agency , the authority issued in accordance with the law.
2. The individual is Vietnam, the Vietnam citizens settled abroad, foreigners have reflected and recommendations.
3. business organizations, associations, business associations, agencies, business units, and other organizations are established legally under the provisions of the law have reflected and recommendations.
4. Reflection is the individual, the Organization has comments with State agencies on matters relating to administrative regulations, including: the specific problems in implementation; the unlawful, unreasonable, asynchronously, not consistent with the legal system in Vietnam or the international treaties to which Vietnam signed or joined, and other problems.
5. the petition is the individual, the Organization has reflected with the State administrative agency prescribed in paragraph 4 of this Article and proposed process or issued new administrative regulations related to business activities, people's lives.
Article 4. The principle of reception, processing 1. Comply with the law.
2. Publicity and transparency.
3. process specific, clear, uniform.
4. reception procedure simple, convenient.
5. Receive, properly handle authority.
6. Coordinate in handling reflect recommendations.
Chapter II the CONTENT, FORM and REFLECTS the REQUIREMENTS and recommendations article 5. The content reflects the recommendations 1. The specific obstacles in the implementation of administrative regulations by delay, troubling or not done, not done properly the administrative regulations of the State administration, of the officials and public servants.
2. The non-conformity of administrative regulations with the fact.
3. The no sync, no unification of the administrative regulations.
4. Administrative Regulations illegal.
5. Administrative regulations contrary to international treaties to which Vietnam has signed or joined.
6. other matters related to the administrative regulations.
7. Process the reflect the provisions in paragraphs 1, 2, 3, 4, 5 and 6 of this Article.
8. The initiative issued new administrative regulations related to business activities, people's lives.
Article 6. The form reflects the recommendations of the reflection and recommendations of individuals, organization of administrative regulations is done through one of the following forms: 1. Text.
2. The phone.
3. Slip opinions.
Article 7. Requirements for reflection and recommendations 1. Requirements for reflection, writing petitions: a) individual, the organisation moved text to the receiver through one of the following ways:-direct transfer to the receiver;
-Through the postal service;
-Send message data through the computer network, electronic (email, website or electronic portal).
b) Vietnamese language use;
c) clearly reflects the content and recommendations;
d) stating your name, address, telephone number (or postal address when necessary to contact) of the individual, the Organization reflects the recommendations.
2. Requirements for reflection and recommendations by phone: a) made only reflects the recommendations through special phone numbers were publicized;
b) Vietnamese language use;
c) clearly reflects the content and recommendations;
d) notice of your name, address, telephone number (or postal address when necessary to contact) of the individual, the Organization has reflected and recommendations;
DD) public servants receiving are realistic reflecting the content and recommendations in writing.
3. The request for proposals, reflected by the vote comments: a) only applies when the State administrative agencies like to get the opinions of individuals, organization of specific administrative regulations;
b) sending the vote to the opinions of individuals, the Organization made through one or more of the following ways:-Sent the text of opinions;
-Opinions through the mass media;
-Send message data through the computer network, electronic (electronic mail, public opinions on the website or electronic portal);
c) Vietnamese language use;
d) content of the vote comments are clearly shown the problems need opinions.
Chapter III RECEIVING and recommendations REFLECT article 8. The receiving Agency reflects recommendations 1. Government to Government Office, the Prime Minister receiving the reflection, personal recommendations, the Organization of administrative regulations in the scope of management of the Government, the Prime Minister and of the bodies in the State administration system.
2. The Office, ministerial bodies to help Ministers, heads of ministerial agencies receiving the reflection, personal recommendations, the Organization of administrative regulations in the scope of management of the Ministry, ministerial-level agencies.
3. the people's Committee Office, city in Central People's Committee to help the city, centrally (hereinafter referred to as the provincial people's Committee), Chairman of the provincial people's Committee receives the reflection, personal recommendations, the Organization of administrative regulations in the scope of Management Committee , Chairman of the provincial people's Committee.
4. With regard to the form of the reflection and recommendations through the slip opinions, State agencies would submit comments, the Agency receives.
Article 9. The reception process of reflection and recommendations 1. As for the reflections, recommendations are made through telephone, text form, State agencies receiving authority must comply with the following procedure: a) individual instruction, organization, reflect the recommendations made under the provisions of clause 1, 2 article 7 of this Decree;
b) get reflects recommendations;
c) On the receiving window reflections, recommendations;
d) research, reviews and reflections, recommendations:-reflections, recommendations are not receiving due to not meeting the requirements specified in paragraphs 1 and 2 article 7 of this Decree;
-Reflections, recommendations about the specific obstacles in the implementation of administrative regulations by delay, troubling or not done, not done properly the administrative rules of the administrative agencies of the State, of public servants;
In this case, the receiver must move reflects the recommendations to the State administrative organs are competent to handle according to the provisions of the law.
-Reflect the recommendations of the administrative regulations under the jurisdiction of the receiving agency handling;
-Reflect the recommendations of the administrative regulation is not under the jurisdiction of the receiving agency processing.
In this case, the receiver must move reflects recommendations to competent bodies dealt within a period not exceeding 10 working days from the date of receipt.
DD) kept the record reflects, petitions have been received pursuant to the law on archives, at the same time, save on the electronic database of the reflection and recommendations were received.
2. for the reflections, recommendations are made through the form of votes, State agencies want to take comments personally, organizations must comply with the following procedure: a) determine the content need opinions;
b) identify individuals, the organization is in need of opinions;
c) set the poll Votes;
d) determine how the send comments and reply comments received;
DD) Submit comments to the audience through one or more of the ways specified in point b of paragraph 3 article 7 of this Decree;
e) track, urging individuals, organizations answer the timeliness;
g) on receiving the receipt of the reply comments;
h) gathering, research, reviews, Classifieds;
I) decide on the disposal or transfer of jurisdiction reflected, recommendations to the authority;
k) keeping records of the reflection and recommendations have been received pursuant to the law on archives, at the same time, save on electronic databases.
Article 10. The responsibility of the receiving Agency reflects recommendations 1. Deployed officers, civil servants or parts done receiving reflected recommendations.
2. Installing dedicated telephone numbers, electronic computer network connection and set the website address, email.
3. Publicize the Agency address, mailing address, phone number, website address, use your email address as defined in article 13 of this Decree.
4. Organizing the reception of reflected, in accordance with recommendations of processes prescribed in article 9 of this Decree.
Article 11. The responsibility of the officials and public servants make the reception reflected recommendations 1. Personal guide, implementation reflects the recommendations according to the regulations.
2. Without delay or cause difficulties, interference when receiving reflected recommendations.
3. Compliance process, deadline.
Article 12. The rights and responsibilities of individuals, the Organization has reflected and recommendations 1. Has the right to reflect, make recommendations to the State administrative organs of administrative regulations.
2. Have the right to ask State agencies took notice of the situation and recommendations reflect the processing.
3. Reflection, proposals have to be presented with the State administrative agencies a clear, honest, well-grounded.
4. Reflecting the recommendations in the correct form, requirements specified in this Decree.
Article 13. In receiving the reflection and recommendations

1. Government Office responsible for public address, mailing address, phone number, website address, use the email address to make the reception reflected, my personal recommendations, the Organization of the administrative regulations on the electronic portal of Government (Government Website) or website (website) by the Government of Prime Minister designate.
2. Ministries, ministerial-level agencies have a responsibility to openly address, mailing address, phone number, website address, use the email address to make the reception reflected, my personal recommendations, the Organization of the administrative regulations on the electronic portal or website (website) of the his agency, and listed at the headquarters of the administrative departments, agencies.
3. provincial people's Committee has the responsibility to publicly address, mailing address, phone number, website address, use the email address to make the reception reflected, my personal recommendations, the Organization of the administrative regulations on the electronic portal or website (website) of his agency and listed at the headquarters of the administrative agency in the.
4. In addition to the above publicity, government offices, ministries, ministerial agencies and provincial people's committees may use other forms depending on the conditions of each agency.
Chapter IV DEALT REFLECTS recommendations article 14. The reflection process, recommendations of the State administrative bodies 1. For reflection and recommendations about the specific obstacles in the implementation of administrative regulations by delay, troubling or not done, not done properly the administrative regulations, the State administrative authorities are competent to handle to handle in accordance with the procedures prescribed by law.
2. To reflect the recommendations about the content of administrative regulations, the State administrative authorities are competent to handle must comply with the following procedure: a) work directly with individuals, organizations have reflected the recommendations to clarify the relevant content (if necessary);
b) research, reviews and reflections, recommendations:-reflect the recommendations not sufficient basis to review process, should continue to research;
-Reflect the recommendations have enough basis to review the process.
c) to reflect the recommendations have enough basis to review process, the Agency has the authority to conduct the review of administrative regulations is reflected and recommendations according to the following criteria:-the need;
-Reasonableness, legitimate;
-Simple, easy to understand;
-Feasibility;
-Unity, in sync with the other administrative regulations;
-Conformity with the international treaties to which Vietnam signed or joined.
d) decided to handle;
DD) openly reflect, processing results and recommendations;
e) organizations kept records of the reflection and recommendations were processed according to the provisions of the law on archives, and save into the electronic database.
Article 15. Form processing reflects the recommendations of State administrative bodies are competent to handle reflects a selection of recommendations, in the following form to handle: 1. additional amendments, repeal, rescind administrative regulations under the authority.
2. Recommendations, the Agency has the authority to review, amend, add, repeal, rescind administrative regulations do not meet the criteria specified in point c of paragraph 2 article 14 of this Protocol.
3. Issued under the authority or agency recommendations, authority issued new administrative rules serve the requirements of socio-economic development and governance.
Article 16. Responsibility of Ministers, heads of ministerial-level agencies in handling reflect recommendations 1. Directs the review, reflecting the research and recommendations of administrative regulations in the scope of management.
2. for the reflection, the Petitions do not meet the criteria specified in point c of paragraph 2 article 14 this Decree, according to the authority, the decisions of Ministers, heads of ministerial-level agencies are responsible for: a) modify, Supplement, cancel the administrative regulations under the authority of decision;
b) suggest the ministries, ministerial agencies, councils or provincial people's Committee to review, amend, add, cancel, annul the administrative regulations under the authority the decision of the Agency;
c) suggested the Government Prime Minister:-annul or suspend the implementation of the administrative regulations under the authority of the decision, ministerial-level agencies and the people's Council, the provincial people's Committee;
-Additional amendments, cancellation of administrative regulations in the authority of the Prime Minister;
-Consideration of the proposal, the National Assembly, the Standing Committee of the National Assembly, the Government amended and supplemented, the annulment of the administrative regulations under the authority the decision of the Agency.
3. Organization of the archive records, document and build an electronic database of the reflection and recommendations on the administrative regulations and the results of processing.
4. Publicly processing results reflect recommendations.
5. Urge, check and promptly take measures necessary to rectify the discipline, discipline administration in settling, recommendations.
Article 17. The responsibilities of the Secretary, the Chairman of the Government Office in handling External recommendations, reflects the implementation of the provisions of article 16 of this Decree, the Secretary, the Chairman of the Government Office also has the responsibility to: 1. Help the Prime Minister urging the ministries, ministerial-level agencies and the provincial people's Committee handling end point timely and proper jurisdiction, the reflection, personal recommendations, the Organization of administrative regulations.
2. Help the Prime spot and require the State administrative bodies are competent to handle the administrative provisions do not meet the criteria specified in point c of paragraph 2 article 14 of this Protocol.
3. research organization, proposed to the Government, the Prime Minister handles the reflections, recommendations on administrative regulations related to two or more State agencies and the Agency does not agree on the process; These reflect the recommendations of the administrative regulations was the Ministry, ministerial-level agencies and the provincial people's Committee handles, but personally, the Organization continues to reflect the recommendations; These reflect the recommendations of the administrative regulations under the authority of the Government's decision, the Prime Minister.
Article 18. The responsibilities of the Chairman of the provincial people's Committee in settling, recommendations 1. Directs the review, reflecting the research and recommendations of administrative regulations in the scope of management.
2. for the reflection, the Petitions do not meet the criteria specified in point c of paragraph 2 article 14 this Decree, according to the authority, the Chairman of the provincial people's Committee in progress: a) modify, Supplement, cancel the administrative regulations under the authority of decision;
b) suggested the people's Council, committees of the same level modification, addition, cancellation of administrative regulations under the authority the decision of the Agency;
c) recommendations of Ministers, heads of ministerial authority to modify, Supplement, cancel the administrative regulations under the authority the decision of the Agency;
d) suggested the Prime Minister: – annul or suspend administrative rules made under the authority of the decision, ministerial-level agencies, people's Councils at the same level;
-Additional amendments, cancellation of administrative regulations in the authority of the Prime Minister;
-Consideration of the proposal, the National Assembly, the Standing Committee of the National Assembly, the Government amended and supplemented, the annulment of the administrative regulations under the authority the decision of the Agency.
3. Organization of the archive records, documentation and construction of the electronic database of the reflection and recommendations on the administrative regulations and the results of processing.
4. Publicly processing results reflect recommendations.
5. Urge, check and promptly take measures necessary to rectify the discipline, discipline administration in settling, recommendations.
Article 19. Publicly the results of processing reflects the recommendations for the heads of State agencies responsible for public institutions reflect the processing results, recommendations of individuals, organization of administrative regulations. The publicity is made through one or more of the following forms: 1. Posted on portals or electronic information Page (website) of the Agency.
2. reporting on the mass media.
3. Send a dispatch notification to individuals, the organizations that reflect recommendations.
4. The other forms.
Chapter V CONDITIONS WARRANT article 20. Building an electronic database 1. Government offices are responsible for: a) build, manage the system the electronic database reflecting the recommendations of the administrative provisions in the whole country;
b) publicize the electronic database reflecting the recommendations of the administrative regulations on the electronic portal of Government (Government Website);
c) guide the ministries, ministerial-level agencies and the provincial people's Committee building, managing, exploiting system of the electronic database of the reflection and recommendations on administrative regulations.
2. Ministries, ministerial-level agencies and the provincial people's Committee has the responsibility: a) construction, management system of electronic databases about the reflection on the administrative regulations under the guidance of the Office of the Government;
b) in collaboration with the Office of the Government in managing, publicity and exploitation using this electronic database.
Article 21. Oversee the funding received, processed, reflection, personal recommendations, the Organization of the administrative regulations of the State administrative bodies are the State budget guarantees in the estimation of regular budget expenditure of the Agency pursuant to the provisions of the law on the State budget.
On the basis of the functions and tasks of the State administrative bodies in the scope of management, Ministers, heads of ministerial agencies, Chairman of the provincial people's Committee is responsible for arranging the funds collect, handle the reflections and recommendations of individuals, the Organization of the administrative rules for the Agency.
Article 22. Report information mode 1. Ministers, heads of ministerial agencies, Chairman of the provincial people's Committee six months once the Prime report the situation and the results of the reception, handling, reflection on the administrative regulations or unscheduled reports at the request of the Prime Minister.

2. Government Office six months, reported the Prime Minister about the situation, the results of the reception, handling, reflection on the administrative regulations of government offices, ministries, ministerial-level agencies, provincial people's Committee or unscheduled reports at the request of the Prime Minister.
Chapter VI REWARDS and TREATS breach of article 23. Merit 1. Individuals, organizations have reflections, recommendations on administrative regulations provide practical, efficient help to the State administrative organs to edit, add, cancel, annul those administrative rules do not match the criteria specified in point c of paragraph 2 article 14 of this Decree shall be rewarded according to the provisions of the law on competition rewarded.
The heads of State administrative bodies perform reception, handling reflect, responsible recommendations proposed forms of reward for individuals, organizations have reflected and recommendations.
2. Officers, public officials, the head of the Organization was assigned the task of receiving, processing, reflect the recommendations of individuals, organization of administrative regulations complete the tasks according to the provisions of this Decree shall be rewarded according to the provisions of the law.
Article 24. Violation processing officers, public servants, heads of State agencies are tasked to receive and handle the reflections and recommendations of individuals, organization of administrative provisions if the violation or does not fulfill the responsibility according to the provisions of this Decree shall be subject to disciplinary responsibility pursuant to the law on officers civil servants.
Chapter VII ENFORCEMENT PROVISIONS article 25. Effective enforcement of this Decree has effect after 15 days from the date The report.
Decision No. 22/2006/QD-TTg dated 24 January 2006 expired from the date of the Decree has effect.
Article 26. Responsible for the implementation of the Prime Minister, Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee is responsible for the implementation of this Decree.
Government offices urging, examine the implementation of this Decree.