The DECREE detailing and guiding the implementation of the law on complaints and denunciation and the law on amendments and supplements to some articles of the law on complaints and denunciation of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law the complaint, report on 02 December 1998;

Pursuant to the law amending and supplementing some articles of the law on complaints and denunciation of 15 June 2004;

According to the Inspector General's recommendation.

DECREE: chapter I complaints, COMPLAINTS of ADMINISTRATIVE DECISIONS, ADMINISTRATIVE ACTS of the ITEM 1 of the COMPLAINT and the PROCESSING of COMPLAINTS article 1. The State agency handles complaints to resolve when the following conditions: 1. The complainant must have rights, legal interests suffer direct impact by administrative decisions, administrative acts that his complaint.

2. The complaint must be capable of full acts in accordance with the law; in the event through the representative to make the complaint, then the representative is as defined in article 2 of this Decree.

3. The complainant to make a complaint and sent to the competent authorities correctly resolved in time, the time limit prescribed by the law on complaints and denunciation.

4. The complaint has not decided the final resolution.

5. The complaint has not been accepting the courts to resolve.

Article 2.

1. The citizen himself or through a representative according to the legal provisions to implement the right to complain; When making the complaint, the representative must have the papers to prove to the competent State agencies about his legal representation.

2. Implementers appeal rights through representatives is that agency heads. Agency heads may authorize the representative in accordance with the law to implement the right to complain.

3. Holding the right to complain through the representative is the head of the organization which are defined in the decision establishing the organization or in the Charter of the organization. The head of the organization may authorize the representative in accordance with the law to implement the right to complain.

Article 3. In case the complainant is not made the complaint in the correct time because of sickness, natural disasters, pest, a business trip, study in remote places or because of the obstacles the other objective, the time had not counted on time limits complaints; the complainant must present confirmation of the people's Committee of social, health facility or agency, held where the complainant worked on the objective obstacles to the competent authorities to resolve the complaint.

Article 4. In the process the complaint, the complainant must still obey the administrative decision that the complaints themselves, unless that decision is temporarily suspended implementation according to the provisions of article 35, article 42 of the law on complaints and denunciation.

Article 5. State agency receiving the complaint shall be treated as follows: 1. With respect to the complaint in jurisdiction and there is enough of the conditions specified in article 1 of this Decree, it must handle to solve; in the case of a complaint signed by many people then have the responsibility to guide the complainant written into separate single to make the complaint.

2. With regard to the complaint in the jurisdiction but not sufficient condition to accepting the settlement as defined in article 1 of this Decree shall have a written reply to the complainant knew the reason for not accepting.

3. For single fits content to complain, just be content to denounce the Agency receives is responsible for processing the content of the complaint under the provisions of paragraph 1, clause 2 and clause 5 of this Article, and the content of the report then processed according to the provisions of article 42 of the Decree.

4. for complaints in the jurisdiction of the lower levels but the prescribed time limit which has not been resolved, the heads of State level on request under the settlement, at the same time is responsible for the direction, test, urging the resolution of the lower levels and measures under the jurisdiction to handle for irresponsible people or deliberately delay the complaint resolution. In case of need to apply preventive measures exceeds his authority, the State agency recommendations, who has the authority to handle.

5. for complaints not in jurisdiction, the complaint about the incident had decided to end the complaints the Agency received no liability acceptance but have written instructions, answered the complaint. The instructions, answering only done once for a service complaints; in case the complainant include the papers, the document is the original complaint to the incident involving the agencies get paid back the papers, that document to the complainant.

Article 6. The State Agency received a complaint by deputies, deputies to the people's Council, the Committee of Vietnam Fatherland Front and the front's member organizations or the press moved to, if the jurisdiction in accepting the resolution and notified in writing to the Agency organizations or individuals have moved single to know; If the complaint is not in jurisdiction, then return and report in writing to the Agency, organization or individual has a single transfer said.           

Article 7. The State Inspection Agency upon receipt of a complaint under the authority of the heads of the State administrative organs at the same level have a responsibility to consider and report to the heads of the State administrative organs at the same level the decision accepting the complaint resolution.

Section 2 RESPONSIBILITIES of the HEADS of STATE ADMINISTRATIVE BODIES in the SETTLEMENT of COMPLAINTS article 8.

1. In the process of resolving a complaint, the complaints must first meet, dialogue directly with the complainant, who was the complainant, who has the rights, benefits related to clarify the content of the complaint, the complainant's requests and complaints; the meet, dialogue must be conducted openly, democratically; If necessary can invite representatives of the political-social organizations participated.

With regard to complaint resolution the next time, the met, the direct dialogue is only done when necessary. In the case of complaints is complicated, crowded affair, lasting, fierce complaints the next time to meet, dialogue directly with the complainant, who was the complainant, who has the rights and interests involved. The meet, dialogue was conducted as the first.

The complainant authorized his representative to participate in the meet, dialogue.

2. The appeal is responsible for notification in writing to the complainant, who was the complainant, who has the power, the benefits involved, the representative social-political organization to know the time, place, content of the meet, dialogue; who is responsible for notification to the correct time, location, composition as in the notice.

3. When to meet, dialogue, the complaint resolution must specify the content needs dialogue, content verification result service complaints; the dialogue participants have the rights to statements of opinion, given the evidence relevant to the complaint and his requests.


4. The meet, dialogue must be established thereon; the minutes are clearly opinion of the participants, summarized the results of the dialogue, signed by participants; the case of the dialogue participants did not sign, they must specify the reason; This record is stored in the profile service complaints.

5. Results of the meet, dialogue is one of the bases as the basis for the resolution of complaints.

Article 9.

1. The President of the people's Committee of social responsibility to resolve complaints jurisdiction according to the procedures prescribed in the law on complaints and denunciation and the law on amendments and supplements to some articles of the law on complaints and denunciation.

2. Pursuant to the provisions of the law, meet results, dialogue, verification, assessment results, conclusions and recommendations of the resolution of the complaint, the Chairman of people's Committee of social decision resolving the complaint within the time limit prescribed in the law on complaints and denunciation.

3. the President of the people's Committee of social responsibility of sending complaints decisions to the complainant, who was the complainant, who has the power, the interests involved and the people's committees at district level; When need be publicly decided to resolve the complaint.

4. The Chairman of the people's Committee of social responsibility to enforce, enforcement organizations decide to resolve complaints in force law in the scope of its responsibilities.

Article 10. Heads in district-level people's committees, heads of Department, agency, organ in the Ministerial organs, organs of government agency is responsible for resolving complaints under the authority. The resolution 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 and article 9 of this Decree.

Article 11.

1. President of the district-level people's committees have the responsibility to resolve complaints under the authority the following sequence of procedures prescribed in the law on complaints and denunciation and the law on amendments and supplements to some articles of the law on complaints and denunciation.

The Chief Inspector of the district level are responsible for verification, the conclusions and recommendations the complaints under the authority of the President of the people's Committee at district level.

2. Pursuant to the provisions of the law, meet results, dialogue, verification, assessment results, conclusions and recommendations the resolution of complaints by the Chief Inspector of the district level people's Committee Chairman, district level decision resolving the complaint within the time limit prescribed in the law on complaints , accusations.

3. President of the district-level people's committees are responsible for sending complaints decisions to the complainant, who was the complainant, who has the rights, benefits and provincial people's committees; When need be publicly decided to resolve the complaint.

4. President of the district-level people's committees are responsible for enforcing the decision enforcement organization, complaint resolution is in effect the law within the scope of their responsibilities; test, urge agencies, subdivisions in the enforcement complaint resolution decision has legal effect.

Article 12.

1. Director level in the provincial people's Committee (Director) has the responsibility to resolve complaints jurisdiction according to the procedures prescribed in the law on complaints and denunciation and the law on amendments and supplements to some articles of the law on complaints and denunciation.

The Chief Inspector of the Department are responsible for verification, the conclusions and recommendations the complaints under the authority of the Director.

2. Pursuant to the provisions of the law, meet results, dialogue, verification, assessment results, conclusions and recommendations the resolution of complaints by the Chief Inspector of the Department, the Director issued the decision to settle within the time limit prescribed in the law on complaints and denunciation.

3. the Director is responsible for sending the decision to resolve the complaint to the complainant, who was the complainant, who has the rights, benefits and the related having jurisdiction; When need be publicly decided to resolve the complaint.

4. The Director of the Department responsible for enforcing the decision enforcement organization, complaint resolution is in effect the law within the scope of their responsibilities; test, urge agencies, subdivisions in the enforcement complaint resolution decision has legal effect.

Article 13.

1. The Chairman of the provincial people's Committee has the responsibility to resolve complaints jurisdiction according to the procedures prescribed in the law on complaints and denunciation and the law on amendments and supplements to some articles of the law on complaints and denunciation.

The Chief Inspector of the provincial level are responsible for verification, the conclusions and recommendations the complaints under the authority of the Chairman of the provincial people's Committee.

2. Pursuant to the provisions of the law, meet results, dialogue, verification, assessment results, conclusions and recommendations the resolution of complaints by the Chief Inspector of the provincial level, the Chairman of the provincial people's Committee issued decision on complaint resolution by the deadline stipulated in the law on complaints , accusations.

For these complex cases, before issuing the decision on complaint resolution in the end, the President of the provincial people's Committee must consult the Ministry, ministerial-level agencies, government agencies about what content is relevant to the functions of State administration ministries; When the consultation must specify the content and the content should consult; Ministries, ministerial agencies, government agencies received recommendations of responsible consultation reply within 15 days from the date of the proposal.

3. The Chairman of the provincial people's Committee has the responsibility to submit the decision to settle the complaint to the complainant, who was the complainant, who has the power, the interests involved; Ministers, heads of ministerial agencies having jurisdiction for the next service complaints. If the complaint resolution decision is finally sending complaints decisions to the Prime Minister, the Inspector General and the Ministers, heads of ministerial agencies manage the State of the industry, the field of content-related complaints. When need be publicly decided to resolve the complaint.

4. The Chairman of the provincial people's Committee has the responsibility to enforce, enforcement organizations decide to resolve complaints of legal effect within their responsibility; test, urge agencies, subdivisions in the enforcement complaint resolution decision has legal effect.

Article 14.

1. Ministers, heads of ministerial agencies, heads of government agencies responsible for resolving complaints jurisdiction according to the procedures prescribed in the law on complaints and denunciation and the law on amendments and supplements to some articles of the law on complaints and denunciation.

The Chief Inspector of the Ministry responsible for verification, the conclusions and recommendations the complaints under the authority of the Minister.

2. Pursuant to the provisions of the law, meet results, dialogue, verification, assessment results, conclusions and recommendations the complaints, Ministers, heads of ministerial agencies, heads of government agencies issued the decision to settle within the time limit prescribed in the law on complaints , accusations.

For the complex case before issuing the decision on complaint resolution at last, Ministers, heads of ministerial agencies must consult the Ministry of industry, the provincial people's Committee about what content is relevant to the functions of the Ministry of State administration, local branches.

When the consultation must specify the content and the content should consult. The Agency received the suggestion of responsible consultation reply within 15 days from the date of the proposal.


3. Ministers, heads of ministerial agencies, heads of government agencies responsible for sending complaints decisions to the complainant, who was the complainant, who has the power, the interests involved. If the complaint resolution decision is finally sending complaints decisions to the Prime Minister and the Inspector General. When need be publicly decided to resolve the complaint.

4. Ministers, heads of ministerial agencies, heads of government agencies responsible for enforcing the decision enforcement organization, complaint resolution is in effect the law within the scope of their responsibilities; test, urge agencies, units of competence management in the enforcement complaint resolution decision has legal effect.

Article 15. The Inspector General has the authority to: 1. Complaints jurisdiction according to the procedures prescribed in the law on complaints and denunciation and the law on amendments and supplements to some articles of the law on complaints and denunciation.

2. Help the Prime Minister watched, urge the ministries, ministerial agencies resolve complaints related to multiple local, state management fields.

3. Help the Prime Minister reconsider the decision to solve the last complaint of Ministers, heads of ministerial agencies, Chairman of the provincial people's Committee; in case of detecting breach law causes damage to the interests of the State, the rights, legitimate interests of citizens, agencies, organized the petition or ask the person who issued the decision reconsider. If after 30 days that the petition or request is not done then reported the prime consideration, decision.

Article 16. The complaints are issued complaints according to the content of the provisions of article 38, article 45 of the law on complaints and denunciations; do not take notice, minutes of meetings or other text forms instead decided to resolve the complaint.

Section 3 IMPLEMENTING the COMPLAINT RESOLUTION DECISION article 17. Decision on complaint resolution in force laws must be individual, agency or organization strictly observed; who issued the complaint resolution decision responsible urge, test, adopt the necessary measures under the jurisdiction or request competent State agencies to adopt the necessary measures to resolve the complaint is strictly enforced. In case of need, who issued the complaint resolution decision required the Agency to organize the implementation of the decision to appeal has the effect of law.       

Article 18. Based on the content of the complaint resolution decision of the competent person, the heads of State agencies have administrative decisions, administrative acts complained of are responsible for: 1. The promulgation of the administrative decision to replace or modify the administrative decision complained of and organizations make decisions , terminate administrative acts complained of in case the content of the complaint is true; compensation for damage, restoration of rights, legitimate interests for victims in accordance with the law.

2. Explain, request the complainant accepted the decision to settle the complaint, if the content of the complaint not properly; in case of necessity require the relevant authorities implement the measures taken by the authority to ensure the enforcement of serious complaint resolution decision has the force of law.

Article 19. The heads of State agencies responsible for superior test, urge Heads of State had decided to subordinate administration, administrative behavior complained of perform the responsibilities specified in article 18 of this Decree; in the case of the person in charge is not accepted the decision to settle the complaint shall apply the measures taken under the authority forced them to obey; handle or the competent agency recommendations dealt with non-enforcement of the complaint resolution decision has the force of law.

Article 20. The heads of the relevant State agencies must make the right decision content complaints related to their responsibilities; in coordination with the heads of State agencies in the provisions of article 18, article 19 of this Decree to enforce the Organization decided to resolve the complaint.

Section 4 the REVIEW DECIDED COMPLAINTS FINALLY THERE is VIOLATION of article 21 of the LAW.

1. decision on complaint resolution in the end to be the complainant, who complained of, citizens, agencies and related institutions accepted. Decision on complaint resolution in the end only be reconsidered when found to have one of the following bases: a) discovered new details do change the basic content of the complaint resolution decision at last;

b) decided the final complaint resolution is inconsistent with the details of the content of the complaint;

c) there are serious violations of the procedures when verifying the conclusion and decision the last complaints detriment to the interests of the State, the rights, legitimate interests of citizens, agencies and organizations;

d) Has serious mistakes on the application of the policy, the law in the process of complaint resolution, causing damage to the interests of the State, the rights, legitimate interests of citizens, agencies and organizations;

DD) decided to settle complaints finally issued vires.

2. The person who issued the complaint resolution decision ultimately is responsible for providing a full range of information, documents, records the incident to complain when the authorized person requests and is responsible for the accuracy, the integrity of the information, documents, records were provided.

3. Time limits request or petitions to review decisions to resolve complaints finally there violates the law is 24 months from the date of that decision have enforceable, unless the Prime Minister asks the review decided to resolve complaints.

Article 22. When one of the bases stipulated in clause 1 of article 21 of this Decree, the person who issued the complaint resolution decision ultimately has the responsibility to review decision on complaint resolution in the end.

Article 23.

1. When deciding to solve the last complaint of Ministers, heads of ministerial agencies, Chairman of the provincial people's committees of signs violate the law then requires that the Inspector General had issued complaints reported by the content text and send a copy of the complaint to the incident record. If necessary, the Inspector General held to check the resolution of your complaint.

In the case of one of the bases stipulated in clause 1 of article 21 of this Decree, the Inspector General have written recommendations to the Minister, the Ministerial agency heads or ask President provincial people's Committee to review the complaints.

The text of the Inspector General recommendations or requests a review of the decision to appeal was sent to the Prime Minister, Ministers, heads of ministerial agencies has the function to manage the State of the industry, the field related to the content of the complaint, the complainant, the person who complained.

2. Ministers, heads of ministerial agencies, Chairman of the provincial people's Committee, upon receiving a written petition or request of the Inspector General is responsible for the review of the complaint.


Within 30 days from the date of the petition or request text, the Ministers, heads of ministerial agencies, Chairman of the provincial people's Committee must report the Inspector General on the implementation of recommendations or requests it. In the case of petitions or requests are not made, the Inspector General reported the Prime Minister to review the decision.

Article 24.

1. When deciding the complaint resolution Committee Chairman's last province-level people in the administration area of the State, the industry showed signs of breaking the law, the Ministers, heads of ministerial agencies asking people already issued complaints reported by the content text and send a copy of the complaint to the incident record. If necessary, the Ministers, heads of ministerial agencies organized to check the resolution of your complaint.

In the case of one of the bases stipulated in clause 1 of article 21 of this Decree, the Ministers, heads of ministerial-level agencies have written asking people's Committee Chairman granted the province to review the complaints.

Written request to review the resolution of complaints by Ministers, heads of ministerial agencies were sent to the Prime Minister, the Inspector General, the complainant, the person who complained.

2. The Chairman of the provincial people's Committee, upon receiving a written request of the Minister, the heads of ministerial-level agencies have the responsibility to review the complaint.

Within 30 days from the date of the request, the Chairman of the provincial people's Committee must report the Ministers, heads of ministerial-level agencies on the implementation of that request. In case the request is not made, the Ministers, heads of ministerial agencies report prime consideration and decision.

Article 25. Ministers, heads of ministerial agencies, Chairman of the provincial people's Committee after a review of the decision to settle the last complaint, if one of the grounds specified in clause 1 of article 21 of this Decree is issued to modify, supplement or replace the complaint resolution decision finally to have violated the law.

In the case remains the complaint resolution decision end the Ministers, heads of ministerial agencies, Chairman of the provincial people's committees shall report in writing to the person who has requested or recommended on the basis of the law to keep the decision on complaint resolution in the end and have written reply to the complainant.

Article 26. In the process of review of the decision to settle the last complaint, if it deems the enforcement decision on complaint resolution will finally cause the consequences difficult to overcome, the Inspector General, Ministers, heads of ministerial-level agencies have the right to request a temporary suspension of the enforcement of the decision.

Chapter II of the COMPLAINT, the COMPLAINT RESOLUTION DECISION to DISCIPLINE PUBLIC SERVANTS in the STATE ADMINISTRATIVE ORGANS section 1 JURISDICTION DISCIPLINARY COMPLAINTS article 27. Complaints for disciplinary decisions of heads does that agency heads have a responsibility to solve; in the case of direct complaints then also heads the superior agency directly responsible for solving.

Article 28.

1. The President of the people's Committee at district level, the Director has the authority to resolve complaints against disciplinary decisions by themselves.

2. The Chairman of the provincial people's Committee has the authority to: a) to resolve complaints for disciplinary decisions by themselves;

b) solve the complaint for which disciplinary Commission President the people at district level, the Director had to settle for the first but still complain. This complaint resolution decision is the final decision.

Article 29. Ministers, heads of ministerial agencies, heads of government agencies have the authority to: 1. Complaints for disciplinary decisions by themselves.

2. Solve the complaint for which disciplinary heads in ministries, ministerial-level agency in the Government Agency has addressed first but still complain. This complaint resolution decision is the final decision.

Article 30. The Interior Minister has the authority to: 1. Complaints for disciplinary decisions by themselves.

2. Solve the complaint for which disciplinary decisions of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee has resolved the first time but also have complaints. This complaint resolution decision is the final decision.

Article 31. The heads of State bodies responsible for resolving complaints for disciplinary jurisdiction; in case of need, then delivered to the Agency, the personnel management department or Agency inspectors conduct the same level of verification, the conclusions and recommendations of the resolution.

Section 2 PROCEDURES for RESOLVING COMPLAINTS Article 32 DISCIPLINE DECISIONS. Who issued the decision to discipline public servants when it received a complaint against the decision to discipline that they must review and the decision to settle in writing according to the procedure stipulated in the law on complaints and denunciation and the law on amendments and supplements to some articles of the law on complaints and denunciation.

Article 33. In the case of public officials be disciplined does not agree with the decision to appeal first and continue to complain they have jurisdiction to consider and decide complaints in writing according to the provisions of article 53 of the law on complaints and denunciation.

Article 34. Public servants serving from Service captains or equivalent or less disciplinary dismissal, after complaining that the person has the authority to resolve the complaint first remains the form of discipline, within 30 days from the date of the complaint resolution decision has the right to complain to the person who has the authority to settle or sue in administrative lawsuits The Court under the provisions of the law.

Article 35. The Minister of the Interior pursuant to the provisions of the law on complaints and denunciations, the law on amendments and supplements to some articles of the law on complaints and denunciation of this Decree and the regulations of the law on public officers detailed guide the resolution of complaints against the decision to discipline public servants in the State administration.

Chapter III DENOUNCED and RESOLVING REPORT section 1 JURISDICTION DENUNCIATION Article 36. To report violations of the law that the person reported in the Agency's management authority, the agency that has the responsibility to solve.

To report violations of the provisions of the public service, the Mission of the Agency, the head of the agency that it has the responsibility to solve.

To report violations of the provisions of the public service, the Mission's head, deputies of the head of the Agency, the head of the Agency's direct superior body that is responsible for solving.

Article 37. To report violations of law to which the content related to state management functions of the Agency, the agency that has the responsibility to solve. To report criminal acts by the bodies conducting proceedings to resolve under the provisions of the criminal law.

Article 38.

1. The Chairman of the Social Committee has jurisdiction to resolve accusations of violations of the law due to his direct management.

2. President of the district-level people's committees have jurisdiction to denounce violations of the law by the President, the Vice President of the people's Committee of social, head, Deputy head, head of Department, Deputy Head of the people's committees in the districts and others appointed by themselves, and manage directly.


3. the Director has the authority to resolve accusations of violations of the laws of the head, Deputy Head of the Department and others appointed by themselves, and manage directly.

4. The Chairman of the provincial people's Committee has the jurisdiction to denounce violations of the law by the President, the Vice President of the people's Committee at district level, the Director, Deputy Director and others appointed by themselves, and manage directly.

5. Ministers, heads of ministerial agencies, heads of government agencies have the authority to resolve accusations of violations of the laws of the head, deputies of the head of the Agency, in The unit, the Ministerial Agency, government agency, and others appointed by themselves, and manage directly.

6. The Prime Minister has the authority to resolve accusations of violations of the laws of the Minister, Deputy Minister, heads, Deputy Heads of ministerial bodies, heads, Deputy Heads of agencies in the Government, the President, the Vice Chairman of the provincial people's Committee and others appointed by themselves, and manage directly.

Article 39.

1. The Chief Justice Inspector of district level authorities: a) to verify the content of the report, conclusion, recommendations of measures to handle the accusations in the jurisdiction of the President of the people's Committee of the district level when assigned;

b) review, concluded that the report contents Chairman of people's Committee of social solved but have breached the law; in the conclusion the resolution has violated the law, the recommendations of the review has resolved, resolved.

2. The Chief Inspector of the competent Departments: a) to verify the content of the report, conclusion, recommendations of measures to handle the accusations in the jurisdiction of the Director of the Department when it was delivered;

b) consider, conclude the content report that department heads have been resolved but there is violation of the law; in the conclusion the resolution has violated the law, the recommendations of the review has resolved, resolved.

3. The Chief Justice Inspector of provincial jurisdiction: a) to verify the content of the report, conclusion, recommendations of measures to handle the accusations in the jurisdiction of the President of the provincial people's Committee when it was delivered;

b) review, concluded that the report contents Chairman of people's Committee at district level, Director of Department of open but violate the law;  in the conclusion the resolution has violated the law, the recommendations of the review has resolved, resolved.

4. The Chief Justice Inspector, ministerial-level agencies, government agencies have the authority: a) consider, conclude the content report, recommended measures to handle the accusations in the jurisdiction of the Minister, the Ministerial agency heads, heads of government agencies when assigned;

b) review, concluded that the reported content heads in ministries, ministerial-level agency in the Government agencies have addressed but have breached the law; in the conclusion the resolution has violated the law, the recommendations of the review has resolved, resolved.

Article 40. The Inspector General has the authority to: 1. Verify the content of the report, conclusion, recommendations of measures to handle the accusations in the jurisdiction of the Prime Minister when it was delivered.

2. Review, conclusions contents accusations that Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee has resolved but have breached the law; in the conclusion the resolution has violated the law, the recommendations of the review has resolved, resolved.

Article 41. Within 30 days from the date of the inspection agency's recommendation as defined in point b of paragraph 1, 2, 3, 4 Article 39 and paragraph 2 Article 30 of this Decree, the heads of State resolved to report responsibly made and reported the results to the Agency inspectors had recommended it.

Section 2 PROCEDURES for RESOLVING ACCUSATIONS Article 42.

1. State authorities received report is responsible for sorting and handling are as follows: a) if the accused in his jurisdiction to handle to resolve in accordance with the procedures stipulated by the law on complaints and denunciation of this Decree;

b) if the accused is not in his jurisdiction, then at the latest within 10 days from the date of denunciation or to move a record denunciations and the documentary evidence (if any) related to the person who has the authority to resolve;

c) don't consider, resolve the anonymous accusations, false names, address unknown, no direct signatures that copy the signature or the accusations were competent to resolve now to report back but no new evidence;

d) If the offence report delivered to the investigating authorities, the Procurator processed according to the provisions of article 71 of the law on complaints and denunciation.

2. In the case of reported behavior causing damage or threatening to cause serious damage to the interests of the State, the collective, computer network, property of a citizen, the Agency received must notify relevant authorities to take preventive measures.

3. In the case of State agency heads the ministries receive information people report being threatened, retaliation, revenge, they must be responsible for directing or coordinating with the concerned authorities to clarify, take measures to protect the accused, prevent and propose disposal authorized under the provisions of the law who are threatening behavior , retaliation, revenge people.

43 things. In the case of the accusations presented directly, then the receiver must specify the content of the report, the name, address of the accused; when needed, then record your accusations. Content record report must give the report to read, listen to and signed. The processing of direct accusations are made as single-processor report specified in article 42 of this Decree.

Article 44. When receiving information, the document issued by the Prosecutor, who reported, agencies, organizations and individuals who provide it to resolve accusations have to do a receipt, signed by the person who receives and who provided.

Article 45. Who has the authority to resolve accusations or heads is tasked to verify the right decisions about the conduct of checks, verify the content of the report; in the decision must specify the person tasked with verifying the content needs verification, the verification conducted time, powers and responsibilities of the person who is assigned the task of verification.

Article 46. In the process of settling accusations, who was tasked to verify to facilitate to the reported explanation, given the evidence to prove true, false content's accusations.

Article 47. The collection of documents, evidence in the verification process, resolve the accusations must be recorded into the text and saved in the profile resolved the accusations.

After the end of the verification, the verification must be tasked with writing the conclusion about the content of the report and to have the evidence to prove to his conclusion.

Article 48. Based on the verification results, conclusions about the content of the report, who resolved to report processing are as follows: 1. In the case of people being accused of not breaking the law, does not violate the provisions of the public service task, it must be concluded and notified in writing to the person being accused Management Agency, the reported said, simultaneously handling or propose competent State agencies handled the deliberately false accusations.


2. In the case of people reported to have violated the law, violate the rules of the task, the public service must be disciplined, administrative sanction, then processed according to the jurisdiction or propose competent State agencies handle, at the same time apply the measures prescribed by law to decide processing recommendations, be accepted.

3. In the case of acts reported signs of criminals then transferred the records to the Agency inquiry or procurator to solve under the provisions of the criminal law.

Article 49. The person who resolved the accusations must send the text concluded the incident report, report processing decisions for inspection agencies, the State Agency supervisor; notify the denunciation results resolved if they have requested, with the exception of the content in the category of State secrets.

Chapter IV NEXT article 50 CITIZENS. The next citizen to complaints, accusations, brought the complaint, report was conducted at the next place.

The heads of State agencies to organize and manage the Agency's citizen sitting places; issued further rules of citizens; the layout where the next citizen in convenient locations; ensure that the material conditions necessary for the citizen to present complaints, accusations, proposals, reflect.

In the next place where the citizens are listed on the calendar next to the citizens and further rules. Citizens must be successive calendar specific recording time, the position of the next citizen. The next rules specify responsible citizens of the next citizens, rights and obligations of people to complain, report.

Article 51.

1. The Heads of State agencies responsible for periodically forward the citizens according to the provisions of article 76 of the law on complaints and denunciations; citizens must be successive Calendar public notice for the citizens to know.

2. In addition to the recurring citizen, heads to State citizens when urgent request.

3. for the complainant under whose jurisdiction the case is clear, specific, the basis of the resolution when citizens, State agency heads have to answer now for the citizens to know; If incident complexity need to research, review, they must clearly indicate the time limit, the person should contact to know the results.

4. The citizens of the State agency heads must be recorded on the next book and stored at the place where the next citizen.

Article 52. The citizens must be successive window to take notes, keep track of the citizens; ask the citizens to complain, report to present a valid, honest presentation, provide documents related to the content of the complaint, the denunciation; in the case of many people to complain, report about the same content, then ask them to send representatives to direct the content of the presentation.

Article 53. The handling of complaints, accusations in where citizens continue to be conducted as follows: 1. With regard to the processing of complaints under the provisions of article 5 of this Decree; in the case of citizens to direct that complaint to the incident the complaint in the jurisdiction of the Agency, who followed their guide citizens written into single or record the content of the complaint and asked citizens to sign or point only; If the complaint is not in the jurisdiction of the Agency, the Guide to citizen complaints to the right agency to have jurisdiction.

2. for the next person to denounce citizens must receive, sort and process as defined in articles 42, 43 and 44 of this Decree.

Article 54. State inspection agencies, the agencies: public security, defense, trade, planning and investment, finance, construction, labor, invalids and Social Affairs, the Interior, transport, health, education and training, agriculture and rural development, resources and the environment in the Central and provincial levels have the responsibility to continue the Organization of regular citizens.

Other organs of the State based on the rule of Law complaints, accusations, the law on amendments and supplements to some articles of the law on complaints and denunciation, this Decree and situation complaints, accusations related to his field, sector manage to layout the next time.

Article 55.

1. The organization of the next citizen of Central Party and State at the headquarters in Hanoi and Ho Chi Minh City regulations of direct citizen organization attached to Decree No. 87/CP on 7 August 1997 by the Government.

2. The Chairman of the provincial people's Committee arranged General places to people's councils, committees, the Congressional delegation, representative political organization next to citizen complaints, accusations; dispatched a servant has held office or equivalent level responsible where next to citizen organizations make regular population next mode. 

Article 56. For people to complain, the accusations have disruptive behavior, affect the security, public order, affecting the normal functioning of State bodies, of personal responsibility or other acts of misconduct complaints, accusations, the heads of State , who is in charge of the headquarters followed the citizens asked the police in charge of the geographical processing measures prescribed by the law.

Article 57. The heads of State bodies have the responsibility to coordinate closely with the head of the police in ensuring the safe, orderly place next to the citizens.

the township-level people's committees, public security in the local responsibility to safe guard the headquarters of citizens sitting on his agency management; in case of need, the application of the measures under the jurisdiction to handle for those who take advantage of the complaint, there are accusations of violations of the law in the place where the next citizen.

The Minister of public security police force Director is responsible for coordinating with State agencies in the protection order, safe for the next citizen headquarters, dealt with the subjects violate the law in the place where the next citizen.

Chapter V the STATE MANAGEMENT of the WORK to RESOLVE COMPLAINTS, accusations the thing 58. Government inspectors responsible to Government of implementing State management on work to resolve complaints, accusations within the authority of the Government. Content of State management on work to resolve complaints, accusations include: 1. the drafting process of the Government to the National Assembly, the National Assembly Standing Committee enacted the law on complaints and denunciations; the Government issued documents guiding the implementation of the law on complaints and denunciation.

2. Advocacy, laws on common complaints, accusations.

3. the authority issued under the guidance documents of the Ministry, ministerial-level agencies, government agencies, provincial people's Committee, the central cities, State inspection bodies of the ministries of public works complaints, accusations.

4. Inspection, check the levels and sectors in the implementation of the provisions of the law on complaints and denunciation.

5. implementation of the resolution of complaints, accusations by the authority.

6. training, fostering, public officials do further work, citizen complaints, accusations.

7. General situation of complaints, accusations, resolving complaints, accusations and reports the Government periodically or irregularly.

8. Synthesis of experiences about the work to resolve complaints, accusations.

Article 59. Ministries, ministerial agencies, government agencies, the Commission issued implementation of State management of the work to resolve complaints, accusations within his administration; Guide and supervise the bodies, checking his organization management in the implementation of the law on complaints and denunciations; periodic reports on the work of resolving the complaint, the report specified in article 60 of this Decree.


Article 60. Chairman of people's Committee of the levels in the range of functions and tasks, their powers are responsible for cooperation with the people's Procuratorate, local people's courts in resolving complaints, accusations; create conditions for the bodies of the National Assembly, the people's Council, deputies, delegation of the National Assembly, the people's Council, the Committee of Vietnam Fatherland Front, the front's member organizations, the Organization of people's inspectors monitor the enforcement of the law on complaints locally, accusations; periodically report the work of complaint resolution, to report to the Council at the same level, State agencies and the State inspection agency superior, notification to the National Committee the same level.

Article 61.

1. Periodically 3 months, at the latest on 15 February of last quarter's, Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities reported the Prime Minister through the Inspector General about the work of complaint resolution in the report, the scope of management of the Ministry, local branches.

2. General situation of Inspector General complaint resolution, to report the extent of the Government's management and periodic reports at the regular session of the Government in the early months of each quarter or unscheduled reports when requested by the Prime Minister; periodically reported to the Central Committee of the Vietnam Fatherland Front on work to resolve complaints, accusations.

3. where necessary, the Inspector General recommended the Prime Minister summoned the leaders of the central authorities, local meeting to propose the measures to the prime consideration, steering handle for the service complaints, accusations complex, involving many more local branches.

Article 62. The State inspection departments are responsible for: 1. Guide the Organization, agencies, units of the same level in citizenship, handle complaints, accusations, complaints, accusations, enforce the decision resolving a complaint, decide to handle accusations.

2. test, inspection responsibility of Heads of agencies, organizations, subdivisions of the heads of the same level in citizenship, complaints, accusations; in case of need, suggest the heads the same level summoned the heads of agencies, organizations, subdivisions of the meeting to propose measures for the Organization, direction processing with respect to the service complaints, accusations of complexity.

3. When found to have violated the law on complaints and denunciations, the handle under the authority or the competent agency petitions handled.

4. Propose measures to rectify the work to resolve complaints, accusations in the scope of management of the heads of the same level.

5. General situation of complaints, accusations and the resolution of complaints, accusations are the responsibility of the heads of the same level; make monthly report mode specified by the Inspector General.

Chapter VI HANDLING MISCONDUCT COMPLAINTS, accusations the thing 63. The Agency, organization, individual achievement in resolving complaints, accusations, the accusations have in preventing damage to the State, the Organization, the individual shall be rewarded according to the regulations of the State.

Article 64. State agency heads within the functions, duties, authority is responsible for: 1. The decision to temporarily suspend execution of the decision to settle the complaint, decide to handle accusations of subordinate heads when the resolution has violated the law.

2. The decision to temporarily suspend the work with respect to public servants administered intentionally obstruct or fail to decide complaints, denunciations or processing decisions do not require observance of State inspection agencies, the State Agency's superior in the resolution of complaints denunciations; apply measures to handle for one of the acts specified in articles 96, 97 and 100 of the law on complaints and denunciation.

Article 65. Officials and public officials of one of the acts specified in articles 96, 97, 98, 99, 100 of law complaints, accusations, if serious consequences being prejudice criminal liability; If not yet to the level of prejudice to criminal responsibility, then depending on the nature and extent of the violation which dealt with one of the following forms of discipline: 1. Reprimand.

2. Warning.

3. The lower wage tier.

4. Lower the quota.

5. Resignation.

6. Forced retrenchment.

Article 66. Officials and public servants have caused damage due to violations of the law on complaints and denunciations, the right of compensation; the compensation made under the provisions of the law on compensation of damage.

Article 67.

1. Heads of State if a lack of responsibility, many times happens to violate the law on complaints and denunciation of his management agency shall be disciplined; If serious consequences being prejudice to criminal responsibility.

2. The Heads of State agencies if irresponsible, not to apply the measures necessary to implement decision on complaint resolution, decided to handle accusations being disciplined; If serious consequences being prejudice to criminal responsibility.

Article 68. People would be one of the acts specified in article 100 of the law on complaints and denunciation, if not yet to the level of a criminal offense being warned or fined or dealt with in other forms prescribed by the law on the handling of administrative violations.

The next, the citizen complaints, accusations have the right to set the minutes, ask the competent authority administrative sanctions for violations of law complaints, accusations. President of the people's Committee and the local public security organs based on the minutes and the next person's request, the citizen complaints, accusations are handled under the jurisdiction and announcing the result of handling for the request within 15 days from the date of the request.

Chapter VII ENFORCEMENT PROVISIONS Article 69. The complaint and resolve complaints of individuals, agencies, organizations, the accusations and addressed accusations of foreign individuals who are living, learning, working in Vietnam is applied according to the provisions of the law on complaints and denunciations; Law on amendments and supplements to some articles of the law complaints, accusations and this Decree.

Article 70. Complaints of administrative decisions in leadership activity of the upper level for lower level according to the hierarchical Administration not resolved under the provisions of this Decree.

Article 71. The complaint is under review, resolved before July 1, 2004 that have yet to be settled at last be made according to the provisions of the law on complaints and denunciation and this Decree.

Article 72. This Decree takes effect after 15 days from the date The report and replacing Decree No. 67/1999/ND-CP dated 11 August 1999 from the Government detailing and guiding the implementation of the law on complaints and denunciations, Decree No. 62/2002/ND-CP dated 14 June 2002 of the Government modified the supplement some articles of Decree No. 67/1999/ND-CP of July 8, 1999, detailing and guiding the implementation of the law on complaints and denunciation.

The previous provisions contrary to this Decree are repealed.

Article 73. The Inspector General is responsible for guiding the implementation of this Decree. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities are responsible for implementation of this Decree.

The Minister of national defence, Minister of public security pursuant to the provisions of this Decree, after the reunification with the Inspector General detailed guide the resolution of complaints, denunciations of the military and the police.