The Decree 67/1999/nd-Cp: Detailed Rules And Guidelines For Implementing The Law On Complaints And Denunciation

Original Language Title: Nghị định 67/1999/NĐ-CP: Quy định chi tiết và hướng dẫn thi hành Luật Khiếu nại, tố cáo

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 GOVERNMENT DECREE detailing and guiding the implementation of the law on complaints and denunciation of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;

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

As suggested by the State Inspector General, the DECREE: chapter I complaints, COMPLAINTS of ADMINISTRATIVE DECISIONS, ADMINISTRATIVE ACTS of the item 1 of the complaint and the processing of complaints article 1. Complaints are accepting the State agencies to solve when there are enough kiệnsau thing here: 1. The complainant must have the right to legitimate interests, impact trựctiếp by administrative decisions, administrative acts that his complaint;

2. The complaint must be capable of full acts under the provisions of civil or Bộluật who do not yet have the capacity to fully conduct but under địnhcủa law complaint; in the case of đểthực representative through the complaints, the representative must be as defined in article 2 of this củaNghị;

3. The complainant to make a complaint and send it to the correct body quyềngiải decision in time, the time limit prescribed by the law on complaints and denunciations;

4. The complaint has not decided the final settlement;

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

Article 2.

1. Citizens are minors, mentally ill persons, or other disease without an authorization, be aware, as was his behavior, then through the College diệntheo the law to implement the right to complain; When making the complaint, ngườiđại an must have papers to prove to the competent State agencies, legal representative of vềviệc.

The sick, the elderly, the downside of physical or other objective reasons can appeal on his own without an authorization, you can authorize a representative who is the father, mother, wife, husband, son, brother, siblings were adolescents to make complaints; the authorized claims must be made in writing to have certified by the people's Committee of social rights or ngườiuỷ place where Attorney the right of residence.

2. Implementers appeal rights through representatives is that cơquan heads.

3. Holding the right to complain through the representative is the head of the UK which is regulated in the decision establishing the organization or the củatổ.

Article 3. In high complaints not made the complaint in the correct thờihiệu because of sickness, natural disasters, pest, a business trip, study away or objective obstacles vìnhững the other time has obstacles which are not charged to thờihiệu complaints; the complainant must prove to the State Agency has thẩmquyền about the obstacles that objectively.

Article 4. In the process the complaint, the complainant must still approve quyếtđịnh that his administrative appeal, except where the decision is temporarily chỉthi families under 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 his jurisdiction and that kiệnquy defined in article 1 of this Decree, the Agency must receive acceptance to giảiquyết; in the case of a complaint signed by many people will tráchnhiệm guide the complainant written into a separate unit to conduct the khiếunại;

2. With regard to the complaint in his jurisdiction but not enough cácđiều event handles to settle according to the provisions of article 1 of this Decree thìcó respond in writing to the complainant knows the reason;

3. For single fits content to complain, just be content to denounce the Gotan i.m. Agency is responsible for processing the content of the complaint under the provisions of point 1, points 2 and 5 of this Article, and the content of the report then processed according to the provisions of article 43 of this theorem củaNghị;

4. for complaints in the jurisdiction of the lower levels but too thờihạn regulations that have yet to be resolved, then the superior agency directly đượccó responsible for accepting to solve;

5. for complaints not in his jurisdiction, a nạivề incident had decided to resolve the complaints the Agency finally got đượcđơn not responsible for accepting that notifications and instructions for the text nạibằng lodges. The announcement is only done once for a khiếunại case; in case the complainant include the papers, the document is a gốcliên to the service complaints the Agency receives charged back the papers, that document to the complainant.

Article 6. The State Agency received a complaint by the deputies, representatives of civil society of đồngnhân, the Committee of Vietnam Fatherland Front and the front's member organizations or the press agency nếuthuộc, moved to his jurisdiction, then accepting the resolution and notification for cơquan organizations or individuals have moved single to know; If the complaint khôngthuộc its jurisdiction then returned and reported to the Agency, organization or individual has a single transfer to know.


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

 

Section 2 responsibilities of the heads of State administrative bodies in the settlement of complaints article 8.

1. the people's Committee Chairman is tráchnhiệm level complaints jurisdiction according to the prescribed procedure, process tạiLuật complaints, accusations.

Nếuthấy service complaints with content clearly, enough of a base to solve people's Committee Chairman quyếtthì social quyếtđịnh out right.

Nếuthấy service complaints with content not clear, not enough base to solve people's Committee Chairman quyếtthì social tiếnhành must verify, verify, met the complainant, who complained of, the cóquyền, the benefits related to clarify the content of the complaint, the request of the khiếunại before the decision to resolve the complaint. Based on the results of the verification, inspection and regulation of the law, the Chairman of people's Committee of social decision-making khiếunại solved within the time limit prescribed in the law on complaints and denunciation.

2. the President of the people's Committee of social tráchnhiệm have sent the decision to resolve the complaint to the complainant, who was khiếunại, who have the authority, the interests involved and the people's committees at district level; When necessary, the quyếtđịnh publicized complaints.

3. The President of the people's Committee has issued enforcement tráchnhiệm enforcement organization, complaint resolution decision lựcpháp effect of law within the scope of its responsibilities.

Article 9. Thủtrưởng Agency in the people's committees at district level, the Thủtrưởng owned agencies, heads of ministerial-level agencies in the Department of the Government agency responsible for complaint resolution in thẩmquyền. The resolution according to the procedures prescribed in the law on complaints, tốcáo and be conducted as prescribed in article 8 of this Decree.

Article 10.

1. The President of the people's Committee at district level task cótrách complaints jurisdiction according to the order, the procedure quyđịnh in the law on complaints and denunciation.

a) for administrative decisions, administrative acts, Chủtịch giaocho district people's Committee Heads of specialized agencies in the district people's Committee or the Chief Justice Inspector of district level review, conclusions and recommendations of the resolution;

b) with respect to a complaint that the President of the people's commune-level Ủyban, head of the Professional Committee, in the đãgiải district people's Committee decision but still complain, then delivered to the Chief Inspector of the tiếnhành district-level verification, the conclusions and recommendations of the resolution;

c) based on the verification report, the conclusions and recommendations of the resolution of the complaint, the Chairman of the Committee of raquyết district-level people's settlement or authorization for the Chief Inspector of the same level raquyết settlement under the provisions of clause 1, article 20 of this Decree and theothời limit specified in the law on complaints , accusations.

2. The President of the people's Committee of the district-level hoặcChánh-level inspectors authorized the decision to settle is responsible for nhiệmgửi the decision to resolve the complaint to the complainant, the person who complained, consideredhuman rights, related benefits and Ủyban people; when needed, then publicized the decision giảiquyết complaints.

3. The President of the people's Committee at district level cótrách enforcing organization enforced decisions, complaints have hiệulực law in the scope of their responsibilities; test, urge agencies, subdivisions in the enforcement complaint resolution decision has legal hiệulực.

Điều11.

1. Director level in the provincial people's Committee (Director) is responsible for nhiệmgiải complaints jurisdiction according to the procedures specified in LuậtKhiếu denunciation.

a) for administrative decisions, administrative acts, his servant cánbộ 's direct management, the Director of the Department assigned to thedepartment, professional Board Player owned or Chief Justice inspection reviewed, the luậnvà recommendations the resolution;

b) with respect to a complaint that the agency heads in the Department were addressed but also cókhiếu complaint then handed to the Chief Inspector of the Department conducted verification level, concluded vàkiến Conference the resolution;

c) based on the verification report, the conclusions and recommendations of the resolution of a complaint, the Director of the Department of decision to settle within the time limit prescribed in the law Khiếunại, accusations.

2. the Director is responsible for sending complaints decisions for the khiếunại, who were complaining, people have rights, benefits related and who have thẩmquyền next deal; when needed, then publicized the decision giảiquyết complaints.

3. the Director is responsible for the implementation, enforcement organizations decide to legally claim quyếtkhiếu award law in the scope of their responsibilities; test, urge agencies, subdivisions in the enforcement of the award decision quyếtkhiếu complaints have legal effect.

Article 12.

1. The Chairman of the provincial people's Committee in charge of cótrách complaints jurisdiction according to the rules of procedure, địnhtại sequence of law complaints, accusations;


a) for administrative decisions, administrative acts of the provincial people's Committee Chủtịch giaocho heads of specialized agencies in the provincial people's Committee or the Chief provincial inspector review, kếtluận, and recommended the resolution;

b) with respect to a complaint that the President Ủyban the people of district level have been resolved but there are complaints, complaints that Giámđốc the Department has addressed but also claims that the content of the management domain lýcủa, the Chairman of the provincial people's Committee, the Chief provincial inspector giaocho conducted to verify conclusions and recommendations việcgiải determination;

c) based on the verification report, the conclusions and recommendations of the resolution of the complaint, the Chairman of the provincial people's Committee raquyết settlement or authorize the Chief provincial inspector make địnhgiải decisions as defined in clause 2, article 20 of this Decree and hạnquy defined in the Finance Law. The decision to settle for nêutại point a, paragraph 1 this decision is the first complaint resolution; quyếtđịnh resolves to a complaint referred to in point b, paragraph 1 of this article is the quyếtđịnh complaint resolution in the end.

2. The Chairman of the provincial people's Committee hoặcChánh provincial Ombudsman is authorized to take responsibility for solving decision nhiệmgửi decided to settle the complaint to the complainant, the person who complained, consideredhuman rights, the interests involved; If it is decided to solve the last complaint sent to the State Inspector General cùngthì; If it is decided to settle a complaint once đầuthì sent Ministers, heads of ministerial agencies, agency heads in Chínhphủ have jurisdiction for the next service complaints; When cầnthiết then publicly decide to resolve the complaint.

3. The Chairman of the provincial people's Committee has the tráchnhiệm implementation, organizational decision enforcement complaints lựcpháp effect law in the scope of their responsibilities; test, urge agencies vịcấp under in the enforcement of the decision to appeal was law lựcpháp effect.

Article 13.

1. Ministers, heads of ministerial agencies, heads of government agencies in charge of cótrách complaints jurisdiction according to the order, the procedure quyđịnh in the law on complaints and denunciation.

a) for administrative decisions, administrative acts, of cánbộ, his servant direct management, the Ministers, heads of agencies, heads of ngangBộ Government authority delegated to heads of Department, Service, unit chứcnăng or Chief Inspector at the same level of consideration, the conclusions and recommendations of the giảiquyết;

b) with respect to a complaint that the heads of the Ministry, the Ministerial Agency, Government in thuộccơ, Chairman of the provincial people's Committee, Director of Department of open but still cókhiếu claim that in his jurisdiction, then delivered to the Chief Justice tracùng radio radical, the conclusions and recommendations of the resolution;

c) based on the verification report, conclusions and recommendations the complaints, Ministers, heads of ministerial agencies, heads of government agencies raquyết solved within the time limit prescribed in the law on complaints and denunciation. Quyếtđịnh complaints referred to in point a, paragraph 1 this decision is giảiquyết first complaints; the decision resolved a complaint referred to in point b, khoản1 this of the Minister, the heads of ministerial-level agencies is decided quyếtkhiếu the last claim awards.

2. Ministers, heads of ministerial agencies, heads of government agencies delivering cótrách decided to settle the complaint to the complainant, the person who has the right to complaint, bịkhiếu, related benefits and the State Inspector General; khicần set, then publicly decide to resolve the complaint.

3. Ministers, heads of ministerial agencies, heads of government agencies enforcing cótrách, organizing the implementation of the decision to appeal has hiệulực law in the scope of their responsibilities; test, urge agencies, units of his management authority in the enforcement of the decision giảiquyết complaints have legal effect.

Article 14.

1. The State Inspector General have the responsibility to resolve complaints under the quyềntheo sequence, the procedure prescribed in the law on complaints and denunciation.

2. The State Inspector General is authorized to resolve complaints in thẩmquyền settlement of the Prime Minister; in case there are other comments State Inspector General nhaugiữa with Ministers, heads of ministerial agencies of việcgiải, the State Inspector General reports to the Prime đạoviệc just solve the Prime recommendations or decisions.

Article 15.

1. Who decides the final grievance decisions when địnhđó has violated the law causing damage to the interests of the State, the rights of the citizen íchhợp, interest, agency, organization, then had to review to the giảiquyết appeal provisions of the law.


2. Ministers, heads of ministerial agencies, heads of the main phủtrong in the process of implementing State management functionality, if the hiệnquyết settlement of complaints the Commission Chairman's last provincial people have viphạm the law causing damage to the interests of the State, the right to integrated phápcủa citizen interests, agency, organization, then asked who had decided to consider the lạiquyết solved it; within 15 days, if the request cannot be thựchiện then apply the measures taken under the authority to request it be real hiệnhoặc reports the prime consideration, decision.

3. The State Inspector General, in the course of the inspection, check the accept hànhpháp the law on complaints and denunciation, if settlement decisions discovering the same nạicuối has violated the law causing damage to the interests of the State, the rights, legitimate interests of citizens, agencies, organizations, then asked who had quyếtđịnh the review decided to solve it; within 15 days, if cầukhông is made shall apply the measures taken under the authority to request that the existing đượcthực or petition the Prime Minister to review the decision.

4. the time required to review decision on complaint resolution finally quyđịnh in paragraph 2, paragraph 3 of this Article is 12 months from the date of that decision the force cóhiệu executed.

Article 16. Thủtướng the Government steer the resolution or decision expedited nạikhi there are recommendations of the Inspector General of the State under the provisions of clause 2, article 14của of this Decree.

Khiphát we decided to resolve complaints finally there violates the law gâythiệt harm to the interests of the State, the rights, legitimate interests of citizens, cơquan, held the Prime Minister directs the award decision was quyếtđó or delivered to the State Inspector General, Ministers, heads ngangBộ , Government agency heads to review, reports to the Prime phủquyết.

Article 17.

1. The Heads of State agencies are responsible for the direction, inspection, urging the cơquan, subdivisions timely resolution of complaints in the authority.

2. The Heads of State agencies receiving complaints under the authority granted under quyếtcủa award directly but the prescribed time limit which has not been solved thìcó responsible for accepting to solve, and to adopt measures for treatment of lýtheo authority or competent authority recommendations dealt with the thiếutrách or intentionally delayed the resolution of the complaint.

Article 18. Ngườigiải complaints are complaints resolved decision with the dungnhư specified in article 38, article 45 of the law on complaints and denunciations; do not use thôngbáo, minutes of meetings or other text forms to replace quyếtđịnh to resolve the complaint.

Article 19.

1. In the process of resolving complaints if the case is complex, the hànhquyết plan to resolve complaints that may have stuck the quyếtkhiếu Prize complaint summons the complainant, who complained of and in the case of cầnthiết, who has the rights, legitimate interests concerned and representatives of the relevant cơquan to publicize the decision resolving the complaint.

2. When the decision publicized complaints, who solved khiếunại notice of the content of the complaint, investigation results, verify the legal base luậtđể, complaint resolution, the resolution of specific issues in the content khiếunại; clearly the responsibility of the complainant, who complained of, the cóquyền, the legitimate interests involved in the decision to award Executive quyếtkhiếu complaint.

 

Item 3 The complaints authorization article 20.

1. The President of the people's Committee at district level raquyết settlement or authorize the Chief Justice Inspector of district level make địnhgiải decisions with respect to complaints that people's Committee Chairman granted the commune have solved but also trừnhững complaints service complex complaints exist, stretching.

2. The Chairman of the provincial people's Committee out quyếtđịnh settlement or authorize the Chief provincial inspector giảiquyết decision with respect to the complaint that the President of the people's Committee at district level was solved but also trừnhững complaints service complex complaints exist, stretching.

3. The authorisation decision resolving the complaint as provided for in paragraph 1, paragraph 2 this must be in writing. The authoritative text is stored in the sơgiải complaints.

Article 21. Thủtướng the Government authorization for the State Inspector General complaint resolution thuộcthẩm resolution authority of the Prime Minister. In the case of the opinion khácnhau between the Inspector General and the Secretary of State, the heads of ministerial agencies vềviệc to resolve a complaint, the State Inspector General to report to Its tướngChính Government steer the resolution or the decision to settle.

Article 22.

1. Authorized Person responsible urge, check the resolution of your complaint is authorized and responsible before the law about giảiquyết's complaints decisions are authoritative.

2. Who is authorized to perform the duties and powers of the person who resolved the next time khiếunại the provisions of article 44 of the Act, 42 complaints, element cáovà is responsible before the law, prior to the authorization of the quyếtkhiếu claim.


3. decision on complaint resolution of authorized person stamp of authorization and ngườiđược agencies have legal value as decided to settle a complaint of ngườiuỷ; the decision to settle complaints by the State Inspector General, Chánhthanh provincial investigators when authorized is the complaint resolution decision cuốicùng.

 

Section 4 the enforcement decision on complaint resolution Article 23. Quyếtđịnh complaint resolution in force laws must be individual, agency, uk strictly; users have complaint resolution decision cótrách urging task, test, adopt the necessary measures under provincial quyềnhoặc asked the State Agency has the authority to apply the necessary measures đểquyết plan to resolve complaints was strictly enforced. In the hợpcần field, who had decided to settle the complaint is quanchức the energy required to organize the implementation of the decision to settle the complaint has legal hiệulực.

Article 24. Căncứ on the content of the complaint resolution decision of the competent person, the trưởngcơ governmental administrative decisions, administrative acts were cótrách complaints: 1. The promulgation of the administrative decision to replace or modify accorded chínhbị complaint and organizations make decisions administrative acts, ended bịkhiếu complaint in case the content of the complaint is true; compensation for damage, restoration of rights, legitimate interests for victims in accordance with phápluật;

2. Explain, request the complainant accepted the decision giảiquyết complaints, if the content of the complaint not properly; in case of need thiếtyêu the competent authorities implement the measures taken by the authority to bảođảm the enforcement of serious complaints decisions take effect phápluật.

Article 25. Thủtrưởng superior State bodies responsible for checking, urge Heads of State cơquan has decided to subordinate administrative, administrative behaviour khiếunại been made responsible for the provisions of article 24 of this Decree; in trườnghợp have not accepted the award decision quyếtkhiếu complaints shall apply the measures taken under the authority forced them to obey; xửlý or the competent agency recommendations dealt with non-contest hànhquyết settlement claims in force law.

Article 26. Thủtrưởng the relevant State agencies must implement the right content decision địnhgiải complaints related to their responsibilities; in collaboration with trưởngcơ State Player said in article 24, article 25 of this Decree for chứcthi decision to resolve the complaint.

 

Chapter II of the COMPLAINT, the COMPLAINT RESOLUTION DECISION LUẬTCÔNG CENTURY in the STATE ADMINISTRATIVE ORGANS section 1 jurisdiction disciplinary complaints article 27. Khiếunại disciplinary decisions of Heads would sign the issued the Player trưởngcơ the view that responsibility to solve; in case of longer complain thìThủ Marketing Agency Chief supervisor has the responsibility to solve.

Article 28.

1. The President of the people's Committee at district level, Giámđốc the Department has the authority to resolve complaints for disciplinary action by his kýban.

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

b) solve the complaint for which Disciplinary Committee Chairman-level people, Giámđốc the Department has addressed first but still complain. Quyếtkhiếu award decision this appeal is finally decided.

Article 29. Minister, heads of ministerial agencies, heads of government agencies have thẩmquyền: 1. Complaints against the decision issued by the discipline his sign;

2. Resolved complaints for disciplinary decisions that Its idea of authority, ministerial authority in the Department of the Government agencies had to settle for the first nhưngcòn complaint. This complaint resolution decision is the final decision.

Article 30. Minister, head of the Organizing Committee-competent government officers: 1. Complaints against the decision issued by the discipline his sign;

2. Solve the complaint for which Disciplinary Committee Chairman trưởngcơ, the provincial people's Government officials have addressed the first but also the complaint, except khiếunại has decided to settle in the heads of the Government's Ministers. This complaint resolution decision is the final decision.

Article 31. Thủtướng authorized for Government Ministers, head of the Organizing Committee-Chínhphủ complaints officers decided to discipline Ministers, heads quanngang The first resolved but also complaints; in the case of ýkiến between different ministers, head of the Organizing Committee with government officials-Minister, ministerial heads, the Minister, head of the Organizing Committee-Cánbộ Government recommendations to the Prime Minister directs the resolution or raquyết settlement; the complaint resolution decision stated at this làquyết final.


Article 32. Thủtrưởng-State Agency is responsible for resolving complaints against the decision địnhkỷ jurisdiction Act; in case of need, then delivered to the bộphận, organs or human resource management the Agency inspectors conduct the same level of verification, kếtluận and propose the resolution.

 

Section 2 procedures for resolving complaints decided What discipline 33. Ngườiđã the decision to discipline public servants when receiving a complaint against quyếtđịnh the discipline that they must review and decision writing theothủ resolution procedure stipulated in the law on complaints and denunciation.

Article 34. In high public officials disciplinary cases do not agree with the decision to solve khiếunại first and then the subsequent complaint has jurisdiction to resolve the next review and decision phảixem complaints in writing in accordance tạiĐiều 53 of the law on complaints and denunciation.

Article 35. Côngchức held from service captains or equivalent discipline were forced back down the thôiviệc, after complaining that the complaints authority vẫngiữ first, then discipline form resource within a period of 30 days from the date of the đượcquyết settlement of the complaint have the right to complain to the competent person next giảiquyết or administrative lawsuits in the courts under the provisions củapháp law.

Article 36. Minister, head of the Organizing Committee – Government officials based on the specified củaLuật complaints, accusations, this Decree and the regulations of the law on public officials guide details the complaint resolution decision kỷluật for public servants in the State administration.

 

Chapter III DENOUNCED and RESOLVING REPORT section 1 jurisdiction report Article 37. Tốcáo violations of the law that the person reported in the related củacơ management authority, the agency that has the responsibility to solve.

Tốcáo violation of the provisions of the public service, the task of the Agency nàothì the head of the agency that it has the responsibility to solve.

Tốcáo violation of regulations on the duty, the service of the head of phócủa, the head of the Agency, the head of the superior body tiếpcủa body that is responsible for solving.

Article 38. Tốcáo violations of the law that related to the content management function nướccủa House organ of the body that is responsible for solving.

Tốcáo criminal acts by the bodies conducting proceedings under resolution địnhcủa criminal law.

Article 39.

1. The President of the people's Committee of social thẩmquyền have settled accusations of violations of the laws governing its lýtrực.

2. The President of the people's Committee at district level cóthẩm the right to settle accusations of violations of law, Vice Chairman of people's Committee of social Chủtịch, Thedepartment, Deputy head, head of Department, Deputy Head of the people's Committee at district level in vànhững other people appointed by themselves, and manage directly.

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

4. The Chairman of the provincial people's Committee has thẩmquyền addressed 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 cóthẩm the right to settle accusations of violations of the laws of the head of cấpphó, the head of the Agency, the unit of the Ministry, in the ministerial bodies, government agencies and thuộccơ others appointed by themselves, and manage trựctiếp.

6. The Prime Minister has the authority to resolve accusations of violations luậtcủa French Ministers, undersecretaries, 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 vànhững others by themselves appointed and direct management.

Article 40.

1. The Chief Justice Inspector of district level authorities: a) to verify the content of the report, conclusion, recommendations report processing measures in resolution thẩmquyền of President Ủyban the people of district level when assigned;

b) review, concluded that the report contents Chairman of people's Committee of social solved but has phápluật violations; in the conclusion the resolution has violated the law, the kiếnnghị who solved considering, tackling back.

2. The Chief Inspector of the competent Departments: a) to verify the content of the report, conclusion, recommendations report processing measures in resolution thẩmquyền of Director when delivered;

b) consider, conclude the content report that department heads have quyếtnhưng award in breach of law; in the conclusion the resolution have viphạm 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 report processing measures in resolution thẩmquyền of the Chairman of the provincial people's Ủyban when it was delivered;

b) review, concluded that the report contents Chairman of people's Committee at district level, Director of Department of open nhưngcó violate the law; in the conclusion the resolution has violated the phápluật recommendations 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 accusations in thẩmquyền settlement of Ministers, heads of ministerial agencies, heads of Government when the quanthuộc was delivered;

b) review, concludes report content which heads of Department in the Ministry of quanngang muscle, in government agencies have addressed but has phápluật violations; in the conclusion the resolution has violated the law, the kiếnnghị who solved considering, tackling back.

Article 41. TổngThanh investigation of State authority: 1. Verify the content of the report, conclusion, recommendations report processing measures in resolution thẩmquyền of the Prime Minister when it was delivered;

2. To consider, the conclusion about the content of the report that Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee has resolved but have phạmpháp law; in the conclusion the resolution to report violations phápluật shall propose the review has resolved, resolved.

Article 42. Trongthời term of 30 days from the date of receiving the recommendations of the inspection agency under quyđịnh in point b of paragraph 1, 2, 3, 4 Articles 40 and 41 of this Nghịđịnh Thing item 2, heads of State have settled accusations are responsible for thựchiện and report the results to the Agency inspectors had recommended it.

 

Section 2 procedures for resolving accusations Article 43.

1. State authorities received report is responsible for sorting and processing of nhưsau: a) if the accused in his jurisdiction must then handle to quyếttheo the right sequence, the procedure specified by the law on complaints and denunciation and the địnhnày;

b) if the accused is not in his jurisdiction, the slowest in thờihạn 10 days from the date of denunciation or to move a record tốcáo the testimony and the documentary evidence (if any) related to the authorized person giảiquyết;

c) if single report does not specify name, address the accusations but rõràng content, specific evidence, there is a basis to examine, verify, then heads quanNhà the country has jurisdiction to decide the review, processing the denunciation;

d) If the offence, the accused moved for investigation, Procurator xửlý according to the provisions of article 71 of the law on complaints and denunciation.

2. In the case of acts reported damage or threatened damage hạinghiêm importance to the interests of the State, the collective, computer network, property of côngdân, the Agency received must notify relevant authorities to have the biệnpháp stop.

3. In the case of Heads of State, the ministries receive sufficient information people report being threatened, retaliation, revenge, you are responsible for chỉđạo or in cooperation with the relevant authorities make clear, there are bảovệ people who denounce measures, prevent and propose disposal authorized under the provisions of law củapháp who have threat , retaliation, revenge people.

Article 44. In high the accusations presented directly, then the receiver must clearly denounce nộidung, their name, address the accusations; 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 handle regulation 43 tạiĐiều accusations of this Decree.

Article 45. Khitiếp information, the document issued by the Prosecutor, who reported, agency, uk, who offer personal resolve accusations have to do a receipt, signed by the person cóchữ reception and caterer.

Article 46. Consideredhuman jurisdiction to denounce or heads are assigned xácminh must make a decision about whether to proceed to verify the content of the report; in quyếtđịnh have to specify who was tasked with verifying the content needs verification, time to conduct verification, powers and responsibilities are assigned to vụxác.

Article 47. Trongquá process to resolve accusations, who was given the task of verifying to create điềukiện to the reported explanation, given the evidence to prove false, tínhđúng of the content of the report.

Article 48. Việcthu documents and evidence collected during the verification process, resolve to report to đượcghi copy the text and saved in the profile resolved the accusations.

Saukhi ends the verification, who was given the task of verification must have written bảnkết about the content of the report and to have the evidence to prove his kếtluận.

Article 49. Căncứ on the verification results, conclusions about the content of the report, the cáotiến element Solver processing as follows: 1. In the case of people being accused of not breaking the law, does not violate the quyđịnh of duty, the public service must have a clear conclusion and vănbản notifications for people who reported Management Agency, the reported said, while lýhoặc treatment recommendations to competent State agencies handled the deliberately false accusations sựthật;

2. In case the person has reported misconduct, violation of the quyđịnh about the mission, the public service must be disciplined, then xửlý administrative sanctions under the authority or the petition the competent State agencies handle, đồngthời apply the measures prescribed by law to decide nghịxử, the reason was accepted;


3. In the case of acts reported signs of crime, then the file vụviệc for the investigation or the Procurator to settle in accordance củapháp law on criminal proceedings.

Article 50. Ngườigiải decided to send a written report concluded the incident report, decides to treat tốcáo for inspection agencies, the State Agency supervisor; chongười notice to report results to resolve if they request, except for the thuộcdanh content item state secrets.

 

Chapter IV the NEXT CITIZEN ORGANIZATIONS Article 51. Việctiếp citizen to complaints, accusations, brought complaints, accusations were made hànhtại where the next citizen.

Thủtrưởng State agencies to organize and manage the hosts of quanmình citizens; issued further rules of citizens; the layout where the inhabitants at điểmthuận convenient; ensure that the material conditions necessary for the citizen to the bàykhiếu complaints, accusations, proposals, reflected in relation to complaints, accusations.

Next Tạinơi 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 citizen of the citizen's rights, resume vànghĩa service to people's complaints, accusations.

Article 52.

1. The Heads of State bodies have the responsibility to periodically direct citizen theoquy defined in Article 76 of the law on complaints and denunciations; next calendar publicized notice sufficient to citizens for the citizens to know.

2. In addition to the recurring citizens, State agency heads to tiếpcông population of urgent request.

3. for the complainant under whose jurisdiction the case is clear, specific, engine sởgiải, when the inhabitants, heads of State agencies to answer citizens ' ngaycho know; If incident complexity need to research, review, you said the term rõthời solved, people need to contact to know the results.

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

Article 53. Ngườitiếp citizens should have to take notes, keep track of the citizens; ask côngdân to complain, report to present a valid, honest presentation sựviệc, provide documents related to the content of the complaint, the denunciation; in trườnghợp there are many complaints, accusations about the same content, then ask them cửđại an directly presenting the content.

Article 54. Việcxử justified 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 thuộcthẩm the right to resolve the Agency's approach to citizen họviết guide into single or record the content of the complaint and request citizenship sign hoặcđiểm only; If the complaint is not in the jurisdiction of quanmình, the Guide to citizen complaints to the competent authorities the right giảiquyết;

2. for the next person to denounce citizens are receiving, sorting and processing of theoquy defined in articles 43, 44 and 45 of this Decree.

Article 55. The State level, the Thanhtra Agency: public security, defence, customs, trade, planning and investment, finance, construction, labor, invalids and Social Affairs, the UK-officer, transport, health, education and training, agriculture, rural development, the main Address vàPhát in the Central and provincial levels are responsible for the UK next regular citizens.

Other Cáccơ of the State pursuant to the provisions of Chapter V of the law on complaints and denunciation, this Decree and situation complaints, accusations related to his lĩnhvực, sector manage to layout the next time.

Article 56.

1. The organization of the next citizen of Central Party and State at the next côngdân headquarters in Hanoi and Ho Chi Minh City, performed according to Decree No. 89/CP 7tháng 8, 1997 the Government issued regulation of direct citizen organizations.

2. The Chairman of the provincial people's Committee announced tríđịa common to the people's Council, Committee, delegation of the National Assembly, representatives of the main institutions trịtiếp citizen to complaints, accusations; the election of a Deputy Officer in charge of the tươngđương or Office where citizens continue to implement further a population often mode.

Article 57. Đốivới people to complain, the accusations have disruptive behavior, affect, anninh, public order affects the normal functioning of State bodies, of personal responsibility or other acts of misconduct complaints, the tốcáo, the heads of State, who is in charge of the headquarters next yêucầu citizens public safety agency in charge of the geographical processing measures phápluật's rule.

Article 58. Thủtrưởng-State agency responsible for coordinating closely with heads of safe quancông in ensuring a safe, orderly place next to the citizens.

The township-level people's committees, The local antại are responsible to protect the safety of citizens cáccơ marketing Headquarters on his management agency; in case of need, then apply the French cácbiện as authority 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.


Minister, Ministry of public security police force Director is responsible for coordinating with the State cơquan 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 ADMINISTRATION on WORK to RESOLVE the COMPLAINT, TỐCÁO Article 59. Thanhtra State Government responsible to implement state management vềcông settlement of 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 issued the text of the laws on khiếunại, accusations; the Government issued documents guiding the implementation luậtvề of French claims, accusations;

2. Advocacy, laws on common complaints, accusations;

3. the authority issued under the guidance documents of the Ministry, ministerial-level agencies, Government cơquan, the provincial people's Committee, the phốtrực, organs of the State-level inspection, the branches of côngtác complaints, accusations;

4. Inspection, check the levels and sectors in the implementation of the củapháp rule of law about the complaints, accusations;

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

6. training, cadres and civil servants working on next, khiếunại settlement, accuse;

7. Tổnghợp the situation of complaints, accusations and the resolution of complaints, accusations; cáoChính newspaper covered periodically or irregularly;

8. work experience Tổngkết complaints, accusations.

Article 60. CácBộ, ministerial-level agencies, government agencies, the Commission issued implementation of State management vềcông settlement of complaints, accusations within his administration; hướngdẫn, urge, check out the bodies, his organization management in the thựchiện law on complaints and denunciations; perform reporting on work giảiquyết to complain, report according to the provisions of article 61 of this Decree.

Article 61. Chủtịch Sapp trongphạm levels function, duty, their powers are responsible for coordinating vớiViện the people's Prosecutor, local people's courts in the work of the award quyếtkhiếu denunciation; create conditions for the bodies of the National Assembly, the Council of Deputies, nhândân, delegation of the National Congress, deputies to the people's Council, the Committee of Vietnam Fatherland Front, the front's member organizations, the Organization of people's Chief Inspector sátviệc law enforcement about complaints, accusations locally; report cáocông periodic settlement of complaints, report to the Council at the same level, the main quanhành State and the State inspection agency superior, simultaneously through the Fatherland Front Committee báođến cùngcấp.

Article 62.

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 independent phốtrực reported the Prime Minister (through the State Inspector General) on the work of complaint resolution in the report, the scope of management of the Ministry, local branches.

2. The State Inspector General General situation resolved complaints, accusations of Government micro-management of trongphạm and periodic reports at the regular session of the Government kỳcủa on the early months of each quarter or report irregular when Prime Chínhphủ requirement; periodically reported to the Central Committee of the Vietnam Fatherland Front quyếtkhiếu award of denunciation.

3. where necessary, the State Inspector General recommended Prime phủtriệu leadership assignments in central agencies, the meeting suggested the local biệnpháp to the prime consideration, steering handle for the khiếunại incident, report complex, involving many more local branches.

Article 63. Thanhtra the State departments are responsible for: 1. Guide the Organization, agencies, units of the same level in citizenship, handled đơnkhiếu complaints, accusations, complaints, accusations, quyếtkhiếu award decisions enforcement complaint, decide to handle accusations;

2. test, inspection responsibility of Heads of agencies, organizations, level dướicủa the heads of the same level in citizenship, complaints, accusations; in case of need, suggest the heads the same level summoned the heads of cơquan, organization, subdivisions of the meeting to propose measures steering organization lýđối treatment with service complaints, accusations of complexity;

3. When found to have violated the law on complaints and denunciations, then processed according to the thẩmquyền or the competent agency recommendations handle;

4. Propose measures to rectify the work to resolve complaints, element cáothuộc the management scope of the heads of the same level;

5. General situation of complaints, accusations and the resolution of complaints, accusations of thuộctrách heads of the same level; make monthly report theoquy mode of the State Inspector General.

 

Chapter VI HANDLING MISCONDUCT COMPLAINTS, accusations the thing 64. Cơquan, organization, individual achievement in resolving complaints, accusations, the accusations have in preventing damage to the State, institutions, cánhân then be rewarded according to the regulations of the State.

Article 65. Thủtrưởng State bodies within the scope of the functions, duties and powers of the mìnhcó responsibilities:


1. A decision to temporarily suspend enforcement of the decision on complaint resolution, decision or physical địnhxử report of subordinate heads when resolving legal cóvi;

2. The decision to temporarily suspend the work with respect to public servants under the manage cốtình interfere with or fail to decide complaints, denunciations or physical địnhxử not accept request of State inspection agencies, the State Agency's superior in the resolution of complaints denunciations; Opens a different processing measures for people who have one of the specified behavior tạicác 96, 97 and Article 100 of the law on complaints and denunciation.

Article 66. Cánbộ, servant of one of the acts specified in articles 96, 97, 98, 99 100 vàĐiều of the law on complaints and denunciation, if serious consequences shall be truycứu criminal liability; If not yet to the level of prejudice criminal liability, the tùytheo nature and extent of the violation which dealt with one of the forms of the 20th luậtsau: 1. Reprimand;

2. Warning;

3. Lower the salary level;

4. Lower the overall volume;

5. Resignation;

6. Forced retrenchment.

Article 67. Cánbộ, public employees have caused damage due to violation of the law on complaints, tốcáo, right to compensation; the compensation made according to Decree địnhsố 47/CP on May 3, 1997 by the Government on the resolution of thườngthiệt claims by public officials, State officials, who have the authority to cause proceedings act quantiến, Decree No. 97/1998/ND-CP on November 17 in 1998của Government on disciplinary and material responsibility for public servants and other cácquy of the law.

Article 68.

1. Heads of State if a lack of responsibility, many times to the phạmpháp behavior happens to complaints, accusations in his management agency then dealt with kỷluật; If serious consequences being prejudice to criminal responsibility.

2. The Heads of State agencies if the lack of liability, shall not apply to the measures taken to implement decision phápcần complaints, the disposal decision cáothì be disciplined; If causing serious consequences, the rescue was responsible for the nhiệmhình.

Article 69. Ngườinào has 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 punished lýbằng other form according to the provisions of Decree No. 47/CP on August 15, năm1996 by the Government on sanctioning administrative violations in the field of security tựvà the provisions of the law on trial the logical administrative violations.

Ngườitiếp citizens, people resolve complaints, accusations have the right to set the minutes, yêucầu the competent authority administrative sanctions against people who have phạmpháp acts of law complaints, accusations. President of the people's Committee and the local public security organs based on the minutes of the next vàyêu citizens, people resolve complaints, accusations to lýtheo jurisdiction and announcing the result of handling for the request in the hạn15 days from the date of the request.

 

Chapter VII ENFORCEMENT PROVISIONS Article 70. Việckhiếu complaints and complaints of individuals, agencies, organizations, the accusations and addressed accusations of foreign individuals are born live, study, work in Vietnam are applied according to the provisions of the law on complaints, tốcáo and this Decree.

Article 71. Khiếunại, report and the resolution of complaints, accusations in the home business nướcđược applied under the provisions of the law on complaints and denunciation of this Decree, except cáckhiếu complaint relating to the implementation of the labor contract.

Khiếunại administrative decisions in active management, superior level đốivới operating under according to the hierarchical Administration not resolved under the provisions of this Nghịđịnh.

Article 72. Nhữngkhiếu complaints, accusations have been accepting, is resolved before the 01tháng 1, 1999 but have not yet decided the final resolution tụcgiải determination under the provisions of the law on complaints and denunciation and this Decree.

Article 73. TổngThanh investigation of State, Ministers, heads of ministerial agencies, heads of Government, President quanthuộc Ủyban of the central cities, are responsible for organizing this Decree thựchiện.

Minister of defence, Minister of public security pursuant to the provisions of this Nghịđịnh after the reunification with the State Inspector General detailed guide việcgiải complaints, denunciations of the military and the police.

Article 74. Nghịđịnh this effect after 15 days from the date of signing.

Nghịđịnh 38, dated 28 January 1992 of the Council of Ministers about the contest hànhPháp ordered the complaint of the citizen in 1991 off effect.

Nhữngquy defined previously opposed this Decree are repealed.