Consolidated Document number 01/VBHN-TTCP stipulates the procedure for handling administrative complaints

This Circular details the procedure for handling administrative complaints in Vietnam. It includes steps from receiving complaint letters to issuing decisions on complaint resolution, as well as requirements for complainants and competent authorities during this process.

Số hiệu01/VBHN-TTCP
Loại văn bảnConsolidated Document
Cơ quan ban hànhGovernment Inspectorate
Người kýPhan Văn Sáu — Tổng Thanh tra
Cập nhật17/06/2026
Lĩnh vựcUncategorized
Ngày ban hành09/10/2017
Ngày áp dụng09/10/2017
Ngày hết hiệu lực
Tình trạngIn effect
✦ Tóm lược thông minh

This Circular details the procedure for handling administrative complaints in Vietnam. It includes steps from receiving complaint letters to issuing decisions on complaint resolution, as well as requirements for complainants and competent authorities during this process.

Đối tượng áp dụng

This Circular applies to Ministries, ministerial-level agencies, agencies under the Government, and People's Committees at all levels in Vietnam.

Các điểm cốt lõi

  • Provisions regarding the receipt of complaint letters
  • Requirements for complainants and competent authorities during the complaint resolution process
  • Specific steps in the administrative complaint resolution procedure
  • The effective date of this Circular.
  • Implementation of this Circular

🌐 Tác động xã hội từ văn bản này

  • Enhance the effectiveness and transparency in handling administrative complaints.
  • Help citizens better understand the complaint procedure and procedures.
  • Ensure that the rights of complainants are respected and implemented in accordance with the law.

❓ Câu hỏi thường gặp

When does this Circular take effect?

This Circular takes effect from December 16, 2013.

What should agencies and organizations do when they encounter difficulties in implementing this Circular?

Agencies and organizations need to promptly report to the Government Inspectorate to receive guidance or amendments.

Toàn văn

GOVERNMENT INSPECTOR GENERAL
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Number: 01/VBHN-TTCP

Hanoi, October 9, 2017

CIRCULAR[1]

REGULATIONS ON PROCEDURES FOR HANDLING ADMINISTRATIVE COMPLAINTS

Circular No. 07/2013/TT-TTCP dated October 31, 2013 of the Government Inspectorate stipulates procedures for handling administrative complaints.

Circular No. 02/2016/TT-TTCP dated October 20, 2016 of the Government Inspectorate amends and supplements certain articles of Circular No. 07/2013/TT-TTCP dated October 31, 2013 of the Government Inspectorate on procedures for handling administrative complaints.

Pursuant to the Complaint Law No. 02/2011/QH13 dated November 11, 2011;

Pursuant to Decree No. 75/2012/NĐ-CP dated October 3, 2012, of the Government detailing certain provisions of the Law on Complaints;

Pursuant to Decree No. 83/2012/NĐ-CP dated October 9, 2012 of the Government stipulating functions, tasks, powers, and organizational structure of the Government Inspectorate; Considering the proposal of the Director of the Legal Affairs Department and the Director of the Science Institute of Inspection;

The Chief Inspector of the Government issues this Circular on procedures for handling administrative complaints[2],

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the acceptance, verification, conclusion of complaint contents, issuance, delivery, and public announcement of decisions on handling complaints regarding administrative decisions and acts of state administrative agencies and disciplinary decisions against officials and civil servants.

Article 2. Applicability

1. State administrative agencies, persons handling complaints, and persons assigned to verify complaint contents belong to state administrative agencies.

2. Complainants, respondents, agencies, organizations, units, and individuals related to the handling of complaints within the jurisdiction of the head of a state administrative agency.

Article 3. Principles for Handling Complaints

Handling complaints must ensure accuracy, objectivity, transparency, democracy, timeliness, and compliance with the authority, procedures, formalities, and deadlines prescribed by law; protecting the interests of the State, collectives, and the lawful rights and interests of agencies, organizations, units, and individuals.

Article 4. Application of Law

1. Procedures for handling administrative complaints at public service establishments and state-owned enterprises shall be applied in accordance with the provisions of this Circular.

2. Handling complaints through the activities of inspection teams shall be carried out in accordance with laws on inspection and other relevant regulations.

Chapter II

PROCEDURE AND PROCEDURES FOR HANDLING COMPLAINTS

Section 1. ACCEPTANCE AND PREPARATION FOR VERIFICATION OF COMPLAINT CONTENTS

Article 5. Acceptance of Complaints for Handling

1[3]. Within ten working days from the date of receipt of an administrative decision, administrative act, or disciplinary decision against an official or civil servant within the authority to handle, but not falling under any of the cases specified in Article 11 of the Law on Complaints, the person authorized to handle the first or second level complaint must accept it for handling. In cases where multiple people file complaints about the same content and appoint a representative to present the complaint content, acceptance will occur if the complaint letter contains signatures of all complainants and a document appointing the representative to present the complaint content. If acceptance for handling does not occur, the reasons must be clearly stated in the notification sent to the complainant.

2. For complaints about administrative decisions or acts, the person authorized to handle the complaint must notify the acceptance in writing to the complainant, the agency, organization, unit, or individual with the authority to transfer the complaint (if applicable), and the state inspection agency at the same level. For complaints about disciplinary decisions against officials or civil servants, the notification of acceptance is sent to the complainant. In cases where multiple people file complaints about the same content and appoint a representative to file the complaint, the notification of acceptance is sent to the representative.

The notification of acceptance for handling complaints is implemented according to Model No. 01-KN. The notification of non-acceptance for handling complaints is implemented according to Model No. 02-KN issued together with this Circular.

Article 6. Re-examination of administrative decisions, administrative acts, and disciplinary decisions against officials and civil servants subject to complaint

1. After accepting a complaint, the authority responsible for primary complaint resolution must re-examine the administrative decision or administrative act that is the subject of the complaint.

For complaints regarding disciplinary decisions against officials and civil servants, the authority responsible for complaint resolution must directly re-examine or delegate a person with responsibility to re-examine the disciplinary decision against the official or civil servant subject to the complaint.

2. The content of the re-examination includes:

a) Legal basis for issuing administrative decisions, implementing administrative acts, and issuing disciplinary decisions for civil servants and public officials;

b) Authority to issue administrative decisions, implement administrative acts, and issue disciplinary decisions for civil servants and public officials;

c) Content of administrative decisions, implementation of administrative acts, and disciplinary decisions for civil servants and public officials;

d) Procedures, formalities, and presentation techniques for issuing administrative decisions and disciplinary decisions for civil servants and public officials.

đ) Other contents (if any).

3. After re-examination, if it is found that the complaint about the administrative decision or administrative act is correct, the authority responsible for primary complaint resolution shall immediately issue a decision to resolve the complaint.

For complaints regarding disciplinary decisions against officials and civil servants, if the content of the complaint is clear upon review, the authority responsible for complaint resolution shall request the Disciplinary Council of Officials and Civil Servants to consider and propose a solution to the authority responsible for resolution.

Article 7. Decision on assigning tasks to verify the content of complaints, decision to verify the content of complaints

1. The person resolving the complaint may conduct verification themselves or assign the state inspection agency at the same level or organizations, units, individuals under their management to carry out verification of the complaint content.

The decision to assign tasks to verify the content of complaints shall be implemented according to Model No. 03-KN issued together with this Circular.

2. When necessary, the person resolving the complaint, or the organization, unit, individual assigned the task of verification may establish a Verification Team or Verification Group (hereinafter referred to collectively as the Verification Group) to verify the content of the complaint.

The decision to verify the content of complaints shall be implemented according to Model No. 04-KN issued together with this Circular.

3[4]. If the deadline for verifying the content of the complaint has expired but the person resolving the complaint or the organization, unit, individual assigned to verify the content of the complaint has not completed the verification, the person resolving the complaint shall consider extending the verification period. The extension shall not cause the resolution time to exceed the complaint resolution deadline.

The decision to extend the verification period shall be implemented according to Model No. 04A-KN issued together with this Circular.

Article 8. Plan for Verifying the Content of Complaints

1. In cases where a Verification Group is established, the head of the Verification Group shall be responsible for drafting the plan to verify the content of the complaint, submitting it for approval by the person who decided to establish the Verification Group, and organizing its implementation.

2. The plan for verifying the content of complaints includes:

a) Legal basis for conducting verification;

b) Purpose and requirements of the verification;

c) Content of verification;

d) Organizations, units, individuals required to cooperate in collecting, verifying information, documents, and evidence;

đ) Conditions and means serving the verification process;

e) Estimated time for implementing specific tasks and responsibilities of each member; reserve time for handling unexpected tasks;

g) Reporting progress on implementation;

h) Other contents (if any).

Section 2. IMPLEMENTATION OF VERIFICATION OF COMPLAINT CONTENT

Article 9. Publicizing the Decision to Verify the Content of Complaints

In cases where necessary, the person resolving the complaint or the person responsible for verification shall publicize the decision to verify the content of the complaint at the office of the complained party or at the location where the complaint originated.

Participants in the publicizing session include: the person resolving the complaint or the person responsible for verification, the complainant, the complained party or their representative, and related organizations, units, individuals.

The publicizing of the decision to verify the content of complaints shall be recorded in a protocol signed by the person resolving the complaint or the person responsible for verification, the complainant, the complained party or their representative.

The protocol shall be made in at least three copies, one given to the complainant, one to the complained party, and one retained in the complaint resolution file.

Article 10. Direct interaction with the complainant, their representative, authorized person, lawyer, or legal aid assistant of the complainant

1. The complaint resolver or the person responsible for verifying the complaint content shall directly interact and request the complainant, their representative, authorized person, lawyer, or legal aid assistant to provide relevant personal information, documents, and evidence related to the complaint.

2. Information, documents, and evidence include:

a) Personal information

For the complainant: Request to present identification cards or other identity documents, provide residential address, and contact phone number for necessary communication and work.

For the representative or authorized person: Request to present identification cards, provide authorization documents to prove lawful representation.

For lawyers or legal aid assistants: Request to present legal assistance request letters or authorization letters from the complainant, lawyer's card, legal aid assistant's card, and legal aid assignment decision.

b) Information, documents, and evidence related to the complaint content.

3. The content of the interaction shall be recorded in a record, clearly stating the time, location, participants, content, and signed by all parties involved. The record shall be made in at least two copies, each party keeping one copy. The record shall follow Model No. 05-KN issued together with this Circular.

4. In cases where direct interaction cannot take place due to objective reasons, the complaint resolver or the person responsible for verification shall issue a written request for the complainant, their representative, authorized person, lawyer, or legal aid assistant to provide information, documents, and evidence to clarify the complaint content. The provision of information, documents, and evidence shall be completed within seven working days from the date of receipt of the request.

Article 11. Direct interaction with the respondent

1. The complaint resolver or the person responsible for verification shall directly interact and request the respondent to provide information, documents, and evidence related to the complained content, explain administrative decisions or administrative acts being complained about.

2. The content of the interaction shall be recorded in a record, clearly stating the time, location, participants, content, and signed by all parties involved. The record shall be made in at least two copies, each party keeping one copy. The record shall follow Model No. 05-KN issued together with this Circular.

The provision of information, documents, evidence, and explanatory documents must be completed within seven working days from the date of receipt of the request.

Article 12. Requesting agencies, organizations, units, or individuals related to provide information, documents, and evidence

1. During the process of verifying the complaint content, the complaint resolver or the person responsible for verification shall send a written request to related agencies, organizations, units, or individuals to provide information, documents, and evidence related to the complaint content. The request document shall be prepared according to Model No. 06-KN issued together with this Circular.

The content of the interaction shall be recorded in a record, clearly stating the time, location, participants, content, and the information, documents, and evidence handed over and received during the meeting, and signed by all parties involved. The record shall be made in at least two copies, each party keeping one copy. The record shall follow Model No. 05-KN issued together with this Circular.

2. When directly interacting with related agencies, organizations, units, or individuals, the complaint resolver or the person responsible for verification shall notify the time, location, content of the interaction, and request the provision of information, documents, and evidence needed for the meeting.

The content of the interaction shall be recorded in a record, clearly stating the time, location, participants, content, and the information, documents, and evidence handed over and received during the meeting, and signed by all parties involved. The record shall be made in at least two copies, each party keeping one copy. The record shall follow Model No. 05-KN issued together with this Circular.

Article 13. Receiving, Processing Information, Documents, and Evidence

1. When receiving information, documents, and evidence directly from the complainant or their representative, authorized person, lawyer, legal aid provider, the respondent, agency, organization, unit, or individual, the complaint resolver or the person responsible for verification must issue a Receipt Form in accordance with Model No. 07-KN issued together with this Circular.

2. The collected information, documents, and evidence must clearly indicate their source. When collecting copies, the complaint resolver or the person responsible for verification must compare them with the original; if there is no original, it must be noted clearly on the receipt form. Information, documents, and evidence provided by agencies, organizations, or units must be confirmed by the providing agency, organization, or unit. Information, documents, and evidence provided by individuals must be confirmed by the provider. In cases where documents are missing pages, missing characters, too old, or too faded to read accurately, the collector must note the condition of the document clearly on the Receipt Form.

The complaint resolver or the person responsible for verification must check the authenticity of the collected information, documents, and evidence.

3. The complaint resolver or the person responsible for verification must evaluate and assess the evidentiary value of the collected information, documents, and evidence based on compliance with legal regulations and principles in handling complaints. Information, documents, and evidence used to conclude the content of the complaint must clearly indicate their source, objectivity, relevance, and legality.

4. Information, documents, and evidence collected during the complaint resolution process must be used in accordance with regulations and managed strictly; the provision or publication of information, documents, and evidence must comply with legal provisions.

Article 14. On-Site Verification

1. When necessary, the complaint resolver or the person responsible for verification conducts on-site verification to collect, check, and determine the accuracy, legality, and completeness of the information, documents, and evidence related to the content of the complaint.

2. On-site verification must be recorded in a protocol, clearly stating the time, location, participants, content, results of verification, opinions of those involved in verification, and other relevant persons.

Article 15. Requesting Appraisal

1. When it is deemed necessary to have an assessment of the content related to expertise or technical matters as a basis for concluding the content of the complaint, the complaint resolver decides to request an appraisal.

The request for an appraisal is carried out according to Model No. 08A-KN issued together with this Circular.

2. The request for an appraisal is made in writing, specifying the name of the appraisal agency or organization, the information, documents, and evidence to be appraised, the content of the appraisal request, and the deadline for issuing the appraisal conclusion.

The request for an appraisal is carried out according to Model No. 08-KN issued together with this Circular.

Article 16. Working with Parties During the Verification Process of Complaint Content

If the verification result differs from the information, documents, and evidence provided by the complainant or the respondent, the person responsible for verification must organize a meeting with the complainant and the respondent. If necessary, relevant agencies, organizations, units, or individuals may be invited to participate.

The content of the meeting must be recorded in a protocol, clearly stating the time, location, participants, content, opinions of those involved, agreed-upon contents, differing opinions, and signatures of all parties. The protocol must be prepared in at least three copies, each party keeping one copy. The meeting protocol is carried out according to Model No. 05-KN issued together with this Circular.

Article 17. Temporarily Suspending the Execution of Administrative Decisions Subject to Complaints

1. During the complaint resolution process, if it is found that implementing the administrative decision being complained about will cause difficult-to-rectify consequences, the complaint resolver issues a decision to temporarily suspend the implementation of the administrative decision being complained about. The temporary suspension decision is carried out according to Model No. 09-KN issued together with this Circular.

2. The duration of the temporary suspension shall not exceed the remaining time for resolving the complaint. If the reason for the temporary suspension no longer exists, the complaint resolver must immediately issue a decision to revoke the temporary suspension decision. The decision to revoke the temporary suspension decision is carried out according to Model No. 10-KN issued together with this Circular.

Article 18. Report on the Results of Investigating the Content of Complaints

Clause 1. The person responsible for investigating or the Head of the Investigation Team must report in writing the results of investigating the content of complaints to the complaint resolution authority or the decision maker who established the Investigation Team. The report on the results of the Investigation Team's investigation must be discussed and contributions made by members of the Investigation Team. In cases where members have differing opinions on the results of the investigation, they have the right to retain their own opinions and clearly record them in the report on the results of the investigation.

Clause 2. The report on the results of investigating the content of complaints includes the contents prescribed in Clause 4, Article 29 of the Law on Complaints, which must clearly reflect information about the complainant, the respondent, administrative decisions, administrative acts, or disciplinary decisions against civil servants or public officials that are being complained about, the complainant’s requests, grounds for complaints; previous complaint resolution results (if any); verification results for each assigned content; conclusions that the assigned complaint content is entirely correct, entirely incorrect, or partially correct; recommendations to maintain, revoke entirely, or amend and supplement partially the administrative decision or administrative act being complained about; recommendations regarding the issuance of a decision to resolve the complaint.

The report on the results of the investigation shall be carried out according to Model No. 11-KN issued together with this Circular.

Article 19. Suspension of Complaint Resolution

Clause 1. The complaint resolution authority issues a decision to suspend the resolution of complaints when the complainant withdraws the complaint. The decision to suspend the resolution of complaints shall be implemented according to Model No. 12-KN issued together with this Circular.

Clause 2. The decision to suspend the resolution of complaints shall be sent to the complainant, the respondent, the person responsible for investigating, those with rights and obligations related to the matter, the agencies, organizations, units, individuals who referred the complaint, and the competent state inspection agency at the same level.

Article 20. Seeking Advisory Opinions in Resolving Complaints

Clause 1. During the process of resolving complaints, if deemed necessary, the complaint resolution authority may seek the opinions of relevant agencies, organizations, units, or individuals before issuing a decision to resolve the complaint. Seeking opinions can be done in writing or through organizing meetings.

Clause 2. During the second-level resolution process for administrative decisions or acts, the complaint resolution authority may invite experts knowledgeable in the relevant field of the complaint content, representatives of political-social organizations, and occupational associations to participate in the Advisory Board for Resolving Complaints.

The complaint resolution authority issues a decision to establish the Advisory Board according to Model No. 13-KN issued together with this Circular and convenes a meeting of the Advisory Board.

Clause 3. At the Advisory Board meeting, the complaint resolution authority requests the person responsible for investigating to report on the results of investigating the complaint content, issues requiring advisory opinions due to differing opinions; Advisory Board members discuss and provide opinions. Participatory opinions are recorded in the Minutes of the Advisory Board Meeting. The Minutes are signed by the Chairman and Secretary of the Advisory Board and sent to the complaint resolution authority.

Article 21. Conducting Dialogue

1[9]. Cases for Dialogue

a) During the process of handling administrative decision complaints and administrative acts, the first complaint handler shall conduct dialogue if the complainant's request and the verified content of the complaint still differ;

b) During the second complaint handling process, the complaint handler must conduct dialogue;

c) During the process of handling disciplinary decision complaints against civil servants, the first and second complaint handlers must conduct dialogue.

2. Participants in Dialogue and Content of Dialogue

a) Participants in dialogue include: The complaint handler, the complainant or their representative, the authorized person, lawyer, legal aid provider of the complainant, the person being complained against, relevant agencies, organizations, units, and individuals.

The complaint handler has the responsibility to notify in writing the complainant, the person being complained against, those with rights and obligations related to the case, and relevant agencies and organizations about the time, place, and content of the dialogue.

If the complainant or their lawful representative is absent upon receiving two written notifications, the complaint handler shall prepare a record terminating the dialogue.

b) Content of Dialogue: The complaint handler must clearly state the content that needs to be discussed, the results of verifying the complaint content; participants in the dialogue have the right to present opinions, supplement information, documents, evidence related to the complaint and their own requests.

3. The dialogue shall be recorded in a protocol, specifying the time, place, participants, content, opinions of the participants, agreed-upon contents, issues with differing opinions, and signatures of all parties. The protocol shall be prepared in at least three copies, each party keeping one copy. The dialogue protocol shall be implemented according to Model No. 14-KN issued together with this Circular.

Section 3. ISSUANCE, FORWARDING, PUBLICIZING THE DECISION ON COMPLAINT RESOLUTION AND RECORDING, MANAGING THE COMPLAINT RESOLUTION FILE

Article 22. Issuance, Forwarding, Publicizing the Decision on Complaint Resolution

1. Based on legal provisions, the results of verifying the complaint content, and the results of dialogue (if any), the complaint handler shall issue a decision on complaint resolution.

a) The decision on resolving the first administrative decision and administrative act complaint shall be carried out in accordance with Article 31 of the Law on Complaints; the decision on resolving the second complaint shall be carried out in accordance with Article 40 of the Law on Complaints.

In the decision on complaint resolution, it must clearly reflect information about the complainant, the person being complained against, the content of the complaint, grounds for complaint, the complainant's request; previous resolution results (if any); verification results of the complaint content; clearly stating the basis for concluding that the complaint content is entirely correct, entirely incorrect, or partially correct; maintaining, revoking entirely, or amending and supplementing partially the administrative decision or administrative act being complained about (for the first complaint resolution decision) or requesting the person with the administrative decision or administrative act being complained about to amend, revoke partially or entirely the administrative decision, terminate the administrative act being complained about (for the second complaint resolution); compensation for damage to the victim (if any) and resolution of other related issues; the right to file a second complaint, the right to initiate an administrative lawsuit before the Court.

b) The decision on resolving the first disciplinary decision complaint against civil servants shall be carried out in accordance with Article 54 of the Law on Complaints; the decision on resolving the second disciplinary decision complaint against civil servants shall be carried out in accordance with Article 56 of the Law on Complaints.

In the decision on complaint resolution, it must clearly reflect information about the complainant, the person being complained against, the content of the complaint, verification results, dialogue results; clearly stating legal bases for resolving the complaint, conclusions on the complaint content; maintaining, amending, supplementing, or revoking partially or entirely the disciplinary decision (for the first complaint resolution decision) or conclusions on specific issues within the complaint content and the resolution of the first complaint handler (for the second complaint resolution decision); compensation for damage to the victim (if any) and resolution of other related issues; the right to file a second complaint or the right to initiate a lawsuit before the Court.

c) The first complaint resolution decision shall be carried out according to Model No. 15-KN, the second complaint resolution decision shall be carried out according to Model No. 16-KN issued together with this Circular.

2. Forwarding the complaint resolution decision:

a) For the decision on handling complaints regarding administrative decisions and administrative acts:

Forwarding the first complaint resolution decision: Within three working days from the date of issuing the complaint resolution decision, the first complaint handler shall be responsible for sending the complaint resolution decision to the complainant, the immediate superior head of the person handling the complaint, the competent authority, those with rights and obligations related to the case, the agency, organization, or individual who forwarded the complaint, and the State Inspectorate at the same level.

Forwarding the second complaint resolution decision: Within seven days from the date of issuing the complaint resolution decision, the second complaint handler must send the complaint resolution decision to the complainant, the person being complained against, the first complaint handler, those with rights and obligations related to the case, and the agency, organization, or individual with authority to forward the complaint.

b) For the decision on resolving the disciplinary decision complaint against civil servants: Forwarding the first complaint resolution decision: The first complaint resolution decision must be sent to the complainant and the relevant agency or organization.

Forwarding the second complaint resolution decision: The second complaint resolution decision must be sent to the complainant, the first complaint handler, and those with rights and obligations related to the case within seven days from the date of issuance. The second complaint resolution decision of the Minister, Head of a Ministry-level agency, Head of a government agency, or Chairman of the People's Committee of a province must be sent to the General Inspector of the Government and the Minister of Home Affairs.

3. Publicizing the decision on handling complaints:

Within fifteen days from the date of the decision on the complaint resolution, the authority responsible for resolving the second-level complaint shall be responsible for publicly announcing the decision on complaint resolution in one of the following forms:

a) Announcing at a meeting of the agency or organization where the person complained against works.

In case of announcement at a meeting, the participants in the meeting must include: The person issuing the decision on complaint resolution, the complainant or their representative, the respondent, and relevant agencies, organizations, or individuals. Prior to holding the public meeting, the authority responsible for resolving the complaint must issue a written notice to relevant agencies, organizations, or individuals three working days in advance.

b) Posting at the workplace or reception area of the agency or organization that resolved the complaint.

In case of posting at the workplace or reception area of the agency or organization that resolved the complaint, the posting period for the decision on complaint resolution must be at least fifteen days, starting from the posting date.

c) Announcing through mass media.

Announcing the decision on complaint resolution through mass media shall be carried out via radio, television, print media, or online news. The authority responsible for resolving the complaint shall be responsible for selecting one of the mass media channels to carry out the announcement. If the authority has an electronic portal or website, it must announce on the electronic portal or website. The number of announcements on radio broadcasts must be at least two airings; on television broadcasts, at least two airings; and in print media, at least two issues. The posting period on online news, electronic portals, or websites must be at least fifteen days, starting from the date of announcement.

Article 23. Establishment and management of complaint resolution files

1. The person responsible for assisting in verifying complaints shall open and establish complaint resolution files; collect information, documents, evidence, and proof related to the complaint content, verification results, conclusions, recommendations, and decisions on complaint resolution from the opening of the complaint resolution file until its closure according to the following procedures:

a) Opening the complaint resolution file: The opening date is the date of accepting the complaint resolution.

b) Collecting and categorizing documents, establishing an index for management;

c) Closing the complaint resolution file: The closing date is the day when the authority completes sending the decision on complaint resolution and publicly announcing the decision on complaint resolution.

2. Within thirty days from the closing date, the person responsible for verifying shall complete organizing, establishing an index, and transferring the file to the storage department of the agency assigned to verify or transfer the file to the storage department of another agency as directed by the complaint resolver.

3. Complaint resolution files shall be organized to ensure convenient and quick access and use, divided into two groups of documents as follows:

Group 1 includes the following documents: Complaint letter or record of direct complaint content; notification of acceptance, decision to establish the Verification Team; plan for verifying complaint content; report on verification results of complaint content; minutes of the Second-Level Complaint Resolution Advisory Board meeting; decision on complaint resolution; notifications, handling, and recommendations during the complaint resolution process.

Group 2 includes the following documents: Minutes of work sessions; collected documents, evidence; explanations provided by the complainant or their authorized representative, lawyer, legal aid provider, or the respondent; other documents related to the complaint content.

Chapter III

IMPLEMENTING PROVISIONS

[10]

Article 24. Effective Date

This Circular takes effect from December 16, 2013.

Article 25. Implementation organization

Ministries, ministerial-level agencies, government-affiliated agencies, and People's Committees at all levels shall be responsible for implementing this Circular.

During implementation, if there are difficulties, obstacles, or new issues arise, agencies, organizations, units, and individuals shall promptly reflect them to the Government Inspectorate for guidance or amendment.

CERTIFIED CONSOLIDATED DOCUMENT

GENERAL INSPECTOR




Phan Van Sau



[1] This consolidated document is derived from the following two Circulars:

- Circular No. 07/2013/TT-TTCP dated October 31, 2013, of the Government Inspectorate stipulating the procedure for administrative complaint resolution.

- Circular No. 02/2016/TT-TTCP dated October 20, 2016, of the Government Inspectorate amending and supplementing some articles of Circular No. 07/2013/TT-TTCP dated October 31, 2013, of the Government Inspectorate stipulating the procedure for administrative complaint resolution.

This consolidated document does not replace the above two Circulars.

[2] Circular No. 02/2016/TT-TTCP dated October 20, 2016, of the Government Inspectorate amending and supplementing some articles of Circular No. 07/2013/TT-TTCP dated October 31, 2013, of the Government Inspectorate stipulating the procedure for administrative complaint resolution is based on the following grounds:

Based on the Law on Complaints No. 02/2011/QH13 dated November 11, 2011;

Based on Decree No. 75/2012/NĐ-CP dated October 3, 2012, of the Government detailing certain provisions of the Law on Complaints;

Based on Decree No. 83/2012/NĐ-CP dated October 9, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;

Considering the proposal of the Director of the Legal Department and the Director of the Institute of Inspection Science;

The Chief Inspector General of the Government Inspectorate promulgates this Circular amending and supplementing some articles of Circular No. 07/2013/TT-TTCP dated October 31, 2013, of the Government Inspectorate stipulating the procedure for administrative complaint resolution.

[3] This clause was amended and supplemented pursuant to Clause 1 of Article 1 of Circular No. 02/2016/TT-TTCP dated October 20, 2016, of the Government Inspectorate amending and supplementing some articles of Circular No. 07/2013/TT-TTCP dated October 31, 2013, of the Government Inspectorate stipulating the procedure for administrative complaint resolution, which took effect from December 5, 2016.

[4] This clause was amended and supplemented pursuant to Clause 2 of Article 1 of Circular No. 02/2016/TT-TTCP dated October 20, 2016, of the Government Inspectorate amending and supplementing some articles of Circular No. 07/2013/TT-TTCP dated October 31, 2013, of the Government Inspectorate stipulating the procedure for administrative complaint resolution, which took effect from December 5, 2016.

This paragraph has been amended and supplemented pursuant to Clause 3, Article 1 of Circular No. 02/2016/TT-TTCP dated October 20, 2016 of the Government Inspectorate on amending and supplementing certain provisions of Circular No. 07/2013/TT-TTCP dated October 31, 2013 of the Government Inspectorate prescribing the procedure for handling administrative complaints, which took effect from December 5, 2016.

This paragraph has been amended and supplemented pursuant to Clause 4, Article 1 of Circular No. 02/2016/TT-TTCP dated October 20, 2016 of the Government Inspectorate on amending and supplementing certain provisions of Circular No. 07/2013/TT-TTCP dated October 31, 2013 of the Government Inspectorate prescribing the procedure for handling administrative complaints, which took effect from December 5, 2016.

This paragraph has been amended and supplemented pursuant to Clause 5, Article 1 of Circular No. 02/2016/TT-TTCP dated October 20, 2016 of the Government Inspectorate on amending and supplementing certain provisions of Circular No. 07/2013/TT-TTCP dated October 31, 2013 of the Government Inspectorate prescribing the procedure for handling administrative complaints, which took effect from December 5, 2016.

This paragraph has been amended and supplemented pursuant to Clause 6, Article 1 of Circular No. 02/2016/TT-TTCP dated October 20, 2016 of the Government Inspectorate on amending and supplementing certain provisions of Circular No. 07/2013/TT-TTCP dated October 31, 2013 of the Government Inspectorate prescribing the procedure for handling administrative complaints, which took effect from December 5, 2016.

These two paragraphs have been amended and supplemented pursuant to Clause 7, Article 1 of Circular No. 02/2016/TT-TTCP dated October 20, 2016 of the Government Inspectorate on amending and supplementing certain provisions of Circular No. 07/2013/TT-TTCP dated October 31, 2013 of the Government Inspectorate prescribing the procedure for handling administrative complaints, which took effect from December 5, 2016.

Articles 3 and 4 of Circular No. 02/2016/TT-TTCP dated October 20, 2016 of the Government Inspectorate on amending and supplementing certain provisions of Circular No. 07/2013/TT-TTCP dated October 31, 2013 of the Government Inspectorate prescribing the procedure for handling administrative complaints provide as follows:

“Article 3. Effective Date

This Circular takes effect from December 5, 2016.

Article 4. Organization of Implementation

Ministries, ministerial-level agencies, government-affiliated agencies, and People's Committees at all levels shall be responsible for implementing this Circular.

During implementation, if there are difficulties, obstacles, or new issues arise, agencies, organizations, units, and individuals shall promptly report to the Government Inspectorate for guidance or amendment and supplementation.

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