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Decision 57/2005/qd-Bnv: Issued The Regulations To Resolve Complaints, Accusations, And Citizens Of The Ministry Of The Interior

Original Language Title: Quyết định 57/2005/QĐ-BNV: Ban hành quy chế giải quyết khiếu nại, tố cáo, tiếp công dân của Bộ Nội vụ

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The DECISION of the MINISTER of the INTERIOR issued the regulations to resolve complaints, accusations, Interior Ministry's citizens _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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;
Pursuant to Decree No. 53/2005/ND-CP dated 19 April 2005 from the Government 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 denunciations;
Pursuant to Decree No. 87/CP dated 7 August 1997 the Government issued regulation further organization of citizens;
Pursuant to Decree No. 45/2003/ND-CP dated 9 May 2003 of the Government functions, tasks, powers and structure of the Organization, the Ministry of the Interior;
According to the recommendation of the Chief Inspector of the Ministry of the Interior, the decision: article 1. Attached to this decision legal complaints, accusations, and citizens of the Interior Ministry.
Article 2. This decision has the effect after 15 days from the date of signing.
Article 3. Chief of the Department, Chief Inspector and head of the Agency, held in the Ministry of Interior is responsible for the implementation of this decision.
 
                                                                                              The MINISTER of the Interior (signed) do Quang Trung BYLAW COMPLAINTS, accusations, INTERIOR MINISTRY'S CITIZENS attached to decision No. 57/2005/QD-BNV on 18th May 2005 of the Minister of Interior _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ chapter I GENERAL PROVISIONS article 1. The scope of application of this regulation, the authority responsible for the regulation of the Agency, held in the Ministry of the Interior (hereinafter abbreviated as the Ministry) in the reception, handling, complaint resolution, denunciation, single, letter of recommendation, and concerned citizens to the functions, duties and powers of the Ministry.
The resolution of complaints, accusations related to labor contracts in the agencies, the Organization of the Ministry is done by Decree No. 05/2004/ND-CP dated 11 January 2005 from the Government detailing and guiding the implementation of some articles of the labor code on complaints , accusations.
Article 2. Apply the legislation in settling the complaint, denunciation, single, letter of recommendation, and the population of the reception, handling, complaint resolution, denunciation, single, letter and proposal of citizen Agency, organized the Ministry is done according to the provisions of the law on complaints and denunciation The revised Law, supplementing a number of articles of the law on complaints, accusations and documents guiding the implementation; The decision of the Minister to prescribe the functions, duties, powers and organization of the Agency, the Organization of the Ministry and this regulation.
Article 3. Explanation of terms In this regulation, the terms below are interpreted as follows: 1. the "complaint" is that the citizens, agencies, organizations or public servants propose The review of administrative decisions, administrative acts or decisions to discipline public servants when grounded for that decision or behaviour that is against the law , violated the rights, legitimate interests;
2. the "report" is the newspaper for the citizens to know about violations of the law by any agency, organization, individuals would cause damage or threatened damage State's interests, rights, legitimate interests of citizens, agencies and organizations;
3. "menu, the message" is, by citizens, organizations, agencies submit to the suggested answer mode, the policy for officers, servants, employees or suggestions, recommendations of other content in the range of State management.
Article 4. Responsible for resolving complaints, accusations, the population of 1. Agencies, organizations, individuals in The scope, functions, tasks, their powers are responsible for the next person to complain, report and recommendations; receive and timely resolution, legal complaints, accusations; strict handling of the breach; adopt the necessary measures to prevent the damage that can occur; guarantee for solving decision be enforced strictly and be responsible before the law for his decision.
2. Who is responsible for resolving complaints, accusations that are not addressed, the lack of responsibility in solving or intentionally unlawful resolution must be dealt with strictly, if damage is compensated according to the provisions of the law.
Article 5. The coordinated resolve complaints, accusations, citizen Agency, organizations and individuals in the Department is responsible for coordination with agencies, organizations, individuals with authority in the resolution of complaints, accusations followed the citizens; the document provides information relevant to the complaint, the report at the request of the Agency, organization, individual.
Chapter II JURISDICTION and RESPONSIBILITY to RESOLVE COMPLAINTS section 1 jurisdiction and responsibility to resolve complaints of Ministers article 6. Authority to resolve complaints by the Minister 1. As for the complaints of administrative decisions, administrative acts a. resolve complaints against administrative decisions, administrative acts of its officers, servant, officer due to his direct management;
b. complaints that the Director and the State archives, the Director of the National Institute of public administration has to resolve but also complaints;
c. complaints about the content in the range of State management that Sets people's Committee Chairman granted the first resolved but also complaints;
d., join the settlement or consideration, the conclusions and recommendations of the resolution in respect of the complaints are related to content management functions of the State under the direction of the Prime Minister;
Sync request people's Committee Chairman granted the province to review the decision on the final appeal in the State management sector of the Department if found to have new details or have signs of law violations causing damage to the interests of the State, the rights, legitimate interests of citizens , the Agency held. In case the request is not made, then the Prime Minister reports to review the decision.
2. for a disciplinary complaint resolution of complaints for disciplinary decisions signed by themselves;
b. solve the complaint for which disciplinary Department and Director of the State archives, the Director of the National Institute of public administration has settled the first but also the complaint;
c. complaints for disciplinary complaints by 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.  
Article 7. The Minister's responsibility in resolving the complaint 1. The decision resolved a complaint based on the results meet, dialogue, verification report, the conclusions and recommendations of the complaints by the Chief Inspector of the Department or agency heads, the Organization of the Ministry within the time limit prescribed in the law on complaints and denunciations;
2. Consultation of the relevant ministries and the provincial people's Committee's site service complaints before signing the complaint resolution decision in the end for those complex cases;

3. Meet, direct dialogue with the complainant, who was the complainant, who has the rights and interests involved when complaints first; for those complex incident, many people complain about a content before signing the complaint resolution decision finally to dialogue directly with the complainant, the person with the complaint, the complaints before, people have rights and interests involved;
4. Direct the Department and the State archives, the Institute of national administration determined the complaints jurisdiction. Upon receiving a complaint in the jurisdiction of the Director and the State archives, the Director of the National Institute of administration but the prescribed time limit which has not been resolved then asked the Bureau and the State archives, the Institute of national administration must tackle, and apply the measures under the jurisdiction to handle for irresponsible people or deliberately delayed the resolution of the complaint;
5. The decision to temporarily suspend the enforcement of the decision appeal of the Director and the State archives, the Director of the National Institute of administration when the resolution has violated the law;
6. The decision to temporarily suspend the work with respect to public servants administered intentionally interfere with or do not accept the decision to resolve the complaint or did not obey the requirements of State inspection bodies;
7. A review of the decision to appeal his final breach law causes damage to the interests of the State, the rights, legitimate interests of citizens, agencies, organized according to the recommendations of the Inspector General.
Section 2 jurisdiction and responsibility to resolve complaints of clerical Bureau Chief and host of State, Director of the national administration Academy article 8. Jurisdiction of the grievance Director and State archives, Director of the National Institute of Administration 1. Resolve complaints against administrative decisions, administrative acts of its officers, servant, officer due to his direct management;
2. the first resolution to a complaint signed by his discipline decisions issued.
Article 9. Responsible for resolving complaints of clerical Bureau Chief and host of State, Director of the National Institute of Administration 1. Meet, dialogue directly with the complainant, who was the complainant, who has the rights and interests involved when complaints first;
2. A decision resolving the complaint in writing within the time limit prescribed in the law on complaints and denunciations;
3. Send the complaint resolution decision for the complainant, who was complaining, people have the right to vàc related benefits and the Chief Inspector of the Ministry; when needed, then publicly decide to resolve the complaint;
4. Enforcement of the decision enforcement organization, complaint resolution in force law in the scope of its responsibilities.
Chapter III the AUTHORITY and RESPONSIBILITY to SETTLE ACCUSATIONS the thing 10. Jurisdiction of the Minister to resolve accusations of violations of the law, violated the rules of the task, the service of the head, deputies of the head of the Agency, the Organization of the Ministry and others appointed by themselves, and manage directly.
Article 11. Jurisdiction report of the Director and the State archives, the Director of the National Institute of Administration resolve accusations against violations of the law that people reported in its management authority. Solve for the accusations of violations of duties, acts of public servants due to her management.
Article 12. The responsibility to solve the denunciation 1. The Minister, the Director and the State archives, the Director of the National Institute of public administration has the responsibility to resolve the accusations under the provisions of the law on complaints, accusations and this regulation.
2. The Chief Inspector of The review, the conclusion the content to denounce, propose measures to handle the accusations in the jurisdiction of the Minister to be delivered; review, concluded that the report's content Director and State archives, Director of the national administration Academy has solved but have breached the law; in the conclusion the resolution denouncing violations of the law, the recommendations of the review has resolved, resolved.
Chapter IV NEXT article 13 CITIZENS. The citizens of ministries and agencies, held in The 1. The next organization citizen to complaints, accusations, brought the complaint, report was conducted at the next place of Ministry of citizenship.
2. the Department and the State archives, the national administration Academy held next to citizen complaints, accusations, brought the complaint, report at the next place of citizen Agency, his organization.
3. The Chief Inspector of the Department coordinated with the Office of the Chief Justice and the heads of the agencies and organizations of the Ministry organized the citizens of Minister or Deputy Minister, authorized public servants participated in the citizen.
Article 14. The liability of the Minister in the population of 1. Periodic Secretary next to citizen complaints, accusations, proposals, reflects on Thursday of the first week in May. The case may not directly citizen according to the schedule due to the work, the Minister authorizes a Deputy Minister next citizen.
2. In addition to the recurring citizens, the Minister directly the citizens when necessary.
Article 15. Further responsibilities of the citizen and Director of the State archives, the Director of the National Institute of Administration 1. Director and State archives, the Director of the Student Administration next periodically national citizen to complaints, accusations, proposals, reflects each month a day; citizens must be successive Calendar public notice for the citizens to know. 
2. In addition to the recurring citizens, Director and State archives, Director of the national administration students directly the citizens when necessary.
Article 16. The responsibilities of The Inspector in the population of 1. The construction Minister issued, modified, supplemented, and organizations make further rules of the citizens;
2. Hosted, in collaboration with The Office and the Organization Department of the Ministry in the Government Ministry in the morning on Tuesday, and on Thursday morning;
3. Guide the urge, testing Department and State archives, National Institute of public administration in the citizens;
4. Assigning public officials often directly at citizens where the citizens of the next. Receiving the transfer Office of the clerical single messages, book of complaints, accusations, suggested by citizens, agencies, direct Organization put in place of the citizens sitting under the provisions in article 22 of this regulation;
5. To notify the Office of the list who do not continue to complain, report in The Agency.
Article 17. Direct responsibility of citizens in The institutions of The competent representation in cooperation with The inspectors next citizens about the issues related to the functions, duties and powers of the Organization scheduled its next citizen of The. In the case of institutions do not send representatives to coordinate next citizens upon the request of The Inspector shall report the Minister reviewed the decision.  
Article 18. Responsible for the Organization of The Office of citizen marketing

1. Hosted, in cooperation with The organization of inspection and management where the next citizen of The Agency; the layout where the next citizen in convenient locations; ensure that the material conditions necessary for the citizen to present complaints, accusations, proposals, reflecting the complaint related, accusations;
2. Coordinated with inspection of The Guide to citizen complaints, report and order, proper law; do not allow people with the name in the list in The Inspector's notification to the complainant, the accused in The Agency;
3. Ask the police in charge of the geographical processing measures for those who violate the rules next inhabitants, disorderly in public places next, slander, insult the prestige, the honor of the State bodies, the duty, public service.
Article 19. The responsibilities of the next population of 1. 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 content to the incident;
2. Guide the citizens make the right to complain, report;
3. Receive application, complaint, report, petition, reflecting the complaint related, accusations in the jurisdiction of the Ministry; clerical of the transfer to the registry tracked prescriptions; 
4. Notes, track the citizens;
5. Confidentiality, full name, address, autographs of the report when the report asked.
Article 20. The handling of complaints, accusations at the next nationals 1. With regard to the processing of complaints under the provisions of the law on complaints, accusations and this regulation; in the case of citizens to direct that complaint to the incident in the jurisdiction of the Ministry of the public servants next citizen guide they write simplified or record the content of the complaint and asked citizens to sign or point only; If the incident is not in the jurisdiction of the Agency, organization, the citizens Guide to the correct agency, the Organization has jurisdiction.
2. To denounce the continued organization of citizens are receiving, sorting and disposal under the provisions of the law on complaints, accusations and this regulation.
Chapter V the AUTHORITY and RESPONSIBILITIES of INDIVIDUALS, agencies and ORGANIZATIONS of the MINISTRY of the CHIEF COMPLAINTS, accusations and SUGGESTIONS of CITIZENS, article 21. The leadership's responsibility for the single, letter to direct The content of complaints, accusations, proposals, after reviewing The leadership transfer for inspection to processing, settlement under the provisions of this regulation.
Article 22. The responsibility of the Office of the receiver, on the shared and transferred to the inspector all invoices, complaints, accusations, suggested by citizens, agencies, the Organization sent to the Department for processing, settlement according to the authority.
Article 23. The authority and responsibility of the Inspector 1. Do clues in handling complaints, accusations and suggested by the letter, The leadership and The Office moved to; Classification, on single track, Windows messages and handling are as follows: a. for single complaint message, report: review, handled in accordance with the law on complaints and denunciation and the provisions of article 24, article 25 of this regulation;
b. with respect to the application, letters of recommendation: transfer to the Agency, the Department of organization, the proposals related to the work in the fields of functions, duties and powers of the Agency, that organization to consider, resolve according to the provisions in clause 1 Article 26 of this regulation.
2. Instructions, test, urge the organs, organizations under the Ministry in implementing the provisions of the law on complaints, accusations, proposals, letters and single citizens;
3. Consultation of the Agency, the Organization of the Ministry on matters related to the functions of the Agency, that organization to advise Ministers in resolving complaints, accusations related complex;
4. track, General report, Minister of public works complaints, accusations, proposals, letters and simple citizens of the Ministry.
Article 24. The authority of the Chief Inspector of The 1. The Ministers decided the Inspector when detected signs of breaking the law on complaints, accusations;
2. Decide to establish or propose Ministers established the Ombudsman resolve complaints, accusations;
3. Recommendations to Minister to temporarily suspend the enforcement of the decision wrong on the complaints, the Agency's report, held under the direct management of the Ministry;
4. Recommendations the Minister considers responsible for handling people in the administration of the Minister are violations of the law on complaints and denunciation, citizenship;
5. In collaboration with the head of the Organization Department of the Agency in the review of responsibility, treats people who have violations in the administration of the Agency, that organization;
6. Recommendations the Minister addressed the issues of complaints, accusations, proposals, letters and simple citizens.
Article 25. The Chief Inspector's responsibilities 1. The responsibility of the Chief complaints of administrative decisions, administrative acts a. verify the conclusions and recommendations of Ministers resolved complaints against administrative decisions, administrative acts of public servants due to direct management Minister was Minister of affairs;
b. verify the conclusions and recommendations of Ministers resolved complaints that Director and host State and Director of the National Institute of public administration has to resolve but also complaints;
c. verify the conclusions and recommendations, the Secretary addressed complaints about the content in the range of State management that Sets people's Committee Chairman granted the first resolved but also complaints;
d., in collaboration with relevant organizations, in the General staff, proposed to the Secretary of the people's Committee Chairman issued the reconsideration decision on complaint resolution eventually have content related to state management functions of the Ministry if found to have new details or have signs of law violations causing damage to the interests of the State, the rights, legitimate interests of citizens, agencies and organizations; If the request is not made, then proceed to verify the conclusions and recommendations of Ministers advised the Prime Minister to review the decision;
preferred host, in cooperation with relevant organizations, the Ministry advised the Minister in resolving complaints with content related to state management functions of the Department under the direction of the Prime Minister.
2. The responsibility of the Chief complaint resolution decision discipline a. presided, in collaboration with Service personnel of the verification organization, conclusion and recommendations of Ministers to resolve complaints for disciplinary decisions by the Minister to sign;
b. verification organizations, the conclusions and recommendations of Ministers resolved a complaint that disciplinary decisions Director and State archives, Director of the National Institute of public administration has settled the first but also the complaint;
c. verification organizations, the conclusions and recommendations of Ministers resolved a complaint the disciplinary decision by 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.
3. The responsibility of the staff to resolve accusations a. review, conclusions and recommendations report content measures handled accusations in the jurisdiction of the Minister to be delivered; 

b. the review, concluded that the report's content Director and State archives, Director of the national administration Academy has solved but have breached the law; in the conclusion the resolution denouncing violations of the law, the recommendations of the review has resolved, resolved.
Article 26. The responsibilities of the agencies and organizations of the Ministry 1. Receiving the application, letters of recommendation by the Inspector to consider moving to, processed by the authority has been specified in the decision of the Minister of the Interior of the functions, duties and powers of the Agency, his organization;
2. Coordination of The inspection verification, conclusions and recommendations for the settlement of complaints, accusations in the jurisdiction of the Minister; elected representatives have the authority to join the Union Ombudsman resolve complaints, accusations by the Inspector of The host;
3. Coordination with the Chief Inspector, suggested to the Secretary of the President of the provincial people's Committee to review the decision to resolve complaints eventually have content related to the functions of the Agency, the Chief of the Organization; in collaboration with the Chief Inspectors to the Secretary in the resolution of complaints related to content management functions of the State under the direction of the Prime Minister;
4. Join the opinion in writing according to the recommendations of The Ombudsman on matters related to the Agency's chief functions, organized themselves to inspection staff for the Minister in resolving the complaint, the relevant report. The time limit for replies is 5 working days from the date of receiving the recommendation of The Inspector;
5. Report the results resolve complaints, accusations, proposals, letters and simple citizens, according to the quarterly, 6 month, 1 year on The Inspector General reports to the Minister and the Inspector General.  
Chapter VI MANAGEMENT TASK to RESOLVE COMPLAINTS, accusations, NEXT article 27 CITIZENS. Competence management task to resolve complaints, accusations, and citizens of the Minister 1. Enacting the law on complaints, accusations, and citizens of the Ministry;
2. advocacy organization and guide the implementation of the regulations on complaints, accusations, and citizens;
3. Inspect, examine the implementation of the regulations on complaints, accusations, and citizens;
4. the general situation of complaints, accusations and the resolution of complaints, accusations, and the citizens of the State organization.
Article 28. Competence management task to resolve complaints, accusations, and citizens of the Director and Director of Department of State Archives and the State archives administration made on work to resolve complaints, accusations, and citizens of the clerical sector and State archives under the provisions of the law.
Article 29. The Inspector's responsibilities 1. Inspection of the Ministry of unification Minister to help manage the work to resolve complaints, accusations, and citizens of the Ministry and of the agencies, the Organization of the Ministry;
2. Construction, the Minister issued, proposing additional amendments to the regulations on complaints, accusations, and citizens of the Ministry;
3. Recommendations to Ministers measures to rectify and improve the efficiency, the quality of the work to resolve complaints, accusations, and citizens of the Ministry;
3. Help Ministers insp., examine the implementation of the regulations on complaints, accusations of agencies, organizations, individuals in a management authority of the Minister. When found to have violated the law on complaints and denunciations, the citizens then processed under the authority or the Minister handling recommendations;
4. Guide the Agency, held in The in the resolution or the Chief complaints, accusations and enforced Organization decided to resolve a complaint, decide to handle accusations;
5. Guide the urge, check out the responsibility of the Department and the State archives, the national administration Academy in resolving complaints, accusations, and citizens; in case of need, suggest Minister summoned Chief clerical and State archives, Director of the national administration Academy meeting to propose measures for the Organization, direction processing with respect to the service complaints, accusations of complexity;
6. track, aggregate and periodically report the Secretary about the situation of complaints, accusations, and citizens of the agencies, the Organization of the Ministry; implementation of the Inspector General report mode as specified.
Chapter VII IMPLEMENTATION article 30. Rewards and handle breach 1. The agencies, organizations and public servants in the achievements in the resolution of complaints, accusations and citizens be rewarded according to the provisions of the law.
2. The authorities, institutions and public servants of the Ministry has the responsibility to resolve complaints, accusations and citizens taking advantage of position and powers to his advantage or because personal motives which compromised, hindering to the rights, legitimate interests on complaints of the citizens according to the degree of the violation will be disciplined or suffer prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Article 31. Terms of implementation 1. Director and State archives, Director of the National Institute of public administration pursuant to the provisions of the law on complaints and denunciations, and citizens and this regulation regulates the settlement of complaints, accusations, followed the Agency's citizen, his organization.
2. During the implementation process if there are concerns or needs to propose additional amendments to this proposed regulation agencies, held in The reflection on the Inspector General reports to the Minister for consideration and decision.