Circular No. 02/2016/TT-BTP stipulates the procedure for handling complaints, reports, requests, suggestions, and reflections in civil enforcement proceedings, applicable to civil enforcement agencies and individuals with complaints. Notably, it specifies authority-based processing, clear deadlines, and public disclosure of resolution results.
适用范围
Civil enforcement agencies; civil enforcement management agencies under the Ministry of Justice; individuals with complaints, reports, requests, suggestions, and reflections in civil enforcement proceedings.
要点
- Civil enforcement agencies and civil enforcement management agencies are responsible for receiving, classifying, and processing complaints, reports, requests, suggestions, and reflections in civil enforcement proceedings.
- The deadline for handling complaints is three working days; the deadline for handling reports is three working days.
- The person authorized to resolve complaints issues a decision on resolving complaints within 14 to 30 days from the date of receipt of the verification result, dialogue, or request for expert appraisal (if any).
- In cases where reports indicate criminal offenses, the person authorized to resolve reports transfers them to investigation agencies or the People's Procuracy for handling.
- Publicly disclose the conclusion of the reported content and the decision on handling the reported violation to the reported individual within seven working days.
🌐 本文件的社会影响
- Positive impact: Enhances the effectiveness of handling complaints, reports, requests, suggestions, and reflections, protecting the rights of parties and enhancing the reputation of civil enforcement agencies.
- Negative impact: May impose a burden on time and manpower for civil enforcement agencies when they have to receive and handle numerous letters.
- Individuals who are reported may feel pressured, affecting their reputation and work activities.
❓ 常见问题
What is the deadline for handling complaints?
The deadline for handling complaints is three working days from the date of assignment. For complex cases, the deadline can be extended but not exceeding thirty days.
Does the complainant have the right to withdraw the report?
Yes, the complainant has the right to withdraw part or all of the reported content. If the withdrawal is based on grounds, the person handling the report issues a decision to terminate the relevant reported content.
When must civil enforcement agencies publicly disclose the conclusion of the reported content?
Civil enforcement agencies must publicly disclose the conclusion of the reported content and the decision on handling the reported violation to the reported individual within seven working days.
Can a complainant continue to file a complaint after it has been resolved?
If the party continues to submit a complaint with the same content, an anonymous complaint, a false-name complaint, or sends it to multiple agencies, the complaint will be retained. In this case, the complainant cannot continue to file a complaint.
Which agency is responsible for resolving complaints?
The head of the county-level civil enforcement agency resolves complaints within their jurisdiction. For complex cases, the head of the civil enforcement management agency or the Minister of Justice will resolve them.
全文
CIRCULAR
Regulations on the procedure for handling complaints, reports, requests, proposals, and reflections in civil enforcement proceedings. In civil enforcement proceedings
______________________________
Pursuant to the Complaint Law No. 02/2011/QH13 dated November 11, 2011;
Pursuant to the Denunciation Law No. 03/2011/QH13 dated November 11, 2011;
Pursuant to the Civil Enforcement Law No. 26/2008/QH12 dated November 14, 2008; the Law Amending and Supplementing Certain Provisions of the Civil Enforcement Law No. 64/2014/QH13 dated November 25, 2014;
Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;
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. 76/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions of the Law on Complaints;
Pursuant to Decree No. 62/2015/NĐ-CP dated July 18, 2015, issued by the Government detailing and guiding the implementation of certain provisions of the Civil Enforcement Law;
Considering the proposal of the Director General of the Civil Enforcement Agency,
The Minister of Justice issues this Circular stipulating the procedures for handling complaints, reports, requests, proposals, and reflections in civil enforcement proceedings as follows:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular guides the receipt, classification, and processing of complaints, reports, requests, proposals, and reflections in civil enforcement proceedings (hereinafter referred to collectively as "complaints") by civil enforcement agencies and civil enforcement management agencies under the Ministry of Justice.
Article 2. Applicability
1. Civil enforcement agencies; civil enforcement management agencies under the Ministry of Justice in the receipt, classification, and processing of complaints, reports, requests, proposals, and reflections in civil enforcement proceedings.
2. Agencies, organizations, and individuals with complaints, reports, requests, proposals, and reflections in civil enforcement proceedings.
Article 3. Explanation of terms
1. Complaint about civil enforcement proceedings is the act of parties or persons with rights and obligations related to civil enforcement proceedings requesting competent authorities to review decisions or actions of the head of the civil enforcement agency, enforcement officer if there is evidence that such decisions or actions are contrary to the law, infringing upon their legitimate rights and interests.
2. Report about civil enforcement proceedings is the act of citizens informing competent authorities about violations of the law by the head of the civil enforcement agency, enforcement officers, and other civil servants causing damage or threatening to cause damage to the interests of the State, the legitimate rights and interests of citizens, agencies, and organizations in civil enforcement proceedings.
3. Request, proposal, reflection in civil enforcement proceedings is the act of citizens, agencies, and organizations providing information, expressing opinions, wishes, and proposing solutions to competent authorities regarding issues related to the implementation of policies, laws, and management work in civil enforcement proceedings.
4. Complainant is a party or person with rights and obligations related to civil enforcement proceedings.
5. Reporter is a citizen exercising the right to report about civil enforcement proceedings.
6. Respondent to complaint is the head of the civil enforcement management agency under the Ministry of Justice, the head of the civil enforcement agency, enforcement officer having decisions or actions in civil enforcement proceedings being complained about.
7. Respondent to report is the head of the civil enforcement management agency under the Ministry of Justice, the head of the civil enforcement agency, enforcement officer, and other civil servants engaged in civil enforcement proceedings.
8. Competent authority to resolve complaints and reports is the head of the civil enforcement agency, the head of the civil enforcement management agency, the Minister of Justice.
9. Processing of complaints, reports, requests, proposals, and reflections is the receipt, classification, resolution, or referral to the competent authority for examination and resolution.
Article 4. Principles for Handling Petitions
The handling of petitions must ensure accuracy, objectivity, timeliness, within the scope of authority, and in accordance with the procedures and formalities prescribed by laws on civil enforcement and laws on complaints and denunciations; ensuring the rights and legitimate interests of agencies, organizations, individuals, and those with rights and obligations related to civil enforcement.
Chapter II
RECEIVING, CLASSIFYING, AND RESOLVING PETITIONS FOR COMPLAINTS, DENUNCIATIONS, PROPOSALS, SUGGESTIONS, AND REPORTS
Section 1
RECEIVING AND CLASSIFYING
Article 5. Receipt of Petitions
1. Petitions shall be received from the following sources:
a) Petitions submitted by agencies, organizations, citizens to the petition reception unit; suggestion boxes; hotlines; locations for receiving citizens at agencies or units, or directly presented to authorized persons who are recorded in writing;
b) Petitions transferred by Party and State agencies, National Assembly deputies, People's Council representatives, Vietnam Fatherland Front Committees and their members, press agencies, and other agencies;
c) Petitions sent through postal services.
2. Petitions received from the sources specified in Clause 1 of this Article must be entered into a logbook or input into a computer database system for management and tracking. The storage of logbooks and backup of data on computers shall be carried out in accordance with the provisions of the law.
Article 6. Classification of Petitions
1. Petitions received from the sources stipulated in Clause 1 of Article 5 of this Circular shall be classified as follows:
a) Classified according to the content of the petition;
b) Classified according to the conditions for handling;
c) Classified according to the authority to resolve;
d) Classified according to the number of complainants, denouncers, proposers, suggesters, and reporters.
2. For petitions containing complaints, denunciations, proposals, suggestions, and reports, each separate content shall be handled according to the provisions of this Circular.
Section 2
RESOLVING PETITIONS FOR COMPLAINTS
Article 7. Authority to Resolve Complaints
1. The head of the civil enforcement agency at the district level shall resolve complaints regarding the following:
a) Complaints about decisions and actions of the Deputy Head of the civil enforcement agency when performing the duties and powers of an Enforcement Officer;
b) Complaints about decisions and actions of Enforcement Officers under the management of the civil enforcement agency at the district level.
2. The head of the civil enforcement agency at the provincial level shall resolve complaints regarding the following:
a) Complaints about decisions and actions of the Deputy Head of the civil enforcement agency at the provincial level when performing the duties and powers of an Enforcement Officer;
b) Complaints about decisions and actions of Enforcement Officers under the management of the civil enforcement agency at the provincial level;
c) Complaints about decisions and actions of the head of the civil enforcement agency at the district level;
d) Complaints against the decision resolving complaints made by the head of the civil enforcement agency at the district level. The decision resolving complaints made by the head of the civil enforcement agency at the provincial level shall take effect.
3. The head of the civil enforcement management agency under the Ministry of Justice shall resolve complaints regarding the following:
a) Complaints about decisions and actions of the head of the civil enforcement agency at the provincial level;
b) Complaints against the decision resolving complaints made by the head of the civil enforcement agency at the provincial level. The decision resolving complaints made by the head of the civil enforcement management agency under the Ministry of Justice shall take effect.
4. The Minister of Justice shall resolve complaints regarding the following:
a) Complaints against the decision resolving complaints made by the head of the civil enforcement management agency under the Ministry of Justice as stipulated in point a, Clause 3 of this Article. The decision resolving complaints made by the Minister of Justice shall take effect;
b) In necessary cases, the Minister of Justice has the right to review a decision resolving complaints that has taken effect as stipulated in point d, Clause 2 and point b, Clause 3 of this Article if there is evidence indicating that the decision resolving complaints seriously violates the law or new circumstances that fundamentally change the content of the case.
Article 8. Handling Complaints Complaint Handling
Within three working days from the date of assignment, the civil servant shall study the content of the complaint and propose to the competent authority to handle it as follows:
1. In cases where the complaint falls within the jurisdiction for resolution as stipulated in Article 142 of the Civil Enforcement Law, the complaint shall be accepted for handling; if the complaint does not meet the conditions for resolution, a written response shall be issued to inform the complainant of the reasons or guide the complainant to supplement relevant information and documents to have the complaint accepted for resolution.
2. In cases where the complaint falls within the jurisdiction of a lower-level civil enforcement agency, it shall be transferred to the competent civil enforcement agency for resolution in accordance with the regulations and notified to the complainant.
3. In cases where the complaint does not fall within the jurisdiction or has already been resolved by an effective decision, it shall not be accepted but a written guidance and response must be provided to the complainant. The guidance and response shall only be carried out once.
4. In cases where the complaint has been transferred, guided, responded to, and resolved according to the law, but the party continues to submit the same complaint; anonymous complaints, complaints under false names, complaints without clear addresses, complaints made on behalf of a group without the signature or fingerprint of the complainant, complaints simultaneously submitted to multiple agencies including those with jurisdiction; complaints where the complainant was invited twice to clarify the content of the complaint and provide information and documents but did not attend or provide them without a valid reason, the complaint shall be filed.
Article 9. Acceptance of Complaints, Requests for Reports, Explanations, and Provision of Case Files and Documents
1. Within five working days from the date of receipt of the first complaint or from the date of receipt of reports, case files, and related documents from a lower-level civil enforcement agency for the second complaint, the competent authority resolving the complaint must record the acceptance in the logbook and notify the complainant in writing.
2. The assigned civil servant is responsible for establishing the case file for resolving the complaint in accordance with the Civil Enforcement Law and the Complaint Resolution Law.
3. Within two working days from the date of notification of acceptance, the competent authority resolving the initial complaint shall request the respondent to provide a written report and explanation, and to supply the case file.
4. Implementation of reporting, explaining, and providing case files and documents:
a) For Enforcement Officers, the deadline for implementation is no more than two working days from the date of receipt of the request;
b) For lower-level civil enforcement agencies, the deadline for reporting, explaining, and providing case files and documents is no more than five working days from the date of receipt of the written request. Simultaneously with issuing the letter requesting through postal service, the competent authority resolving the complaint may use telephone, fax, or email, etc., to request the civil enforcement agency to implement;
c) The head of the civil enforcement management agency and the head of the civil enforcement agency requested must report and explain and bear responsibility for the truthfulness, completeness, and accuracy of the report, case files, and documents. Copies of case files and documents must be annotated and confirmed by the head of the agency.
5. In cases where the content of the complaint, the report of the respondent, and the related case files and documents are clear and there is sufficient legal basis for conclusion and resolution, the competent authority resolving the complaint shall immediately issue a decision to resolve the complaint.
Article 10. Withdrawal of Complaints and Resolution of Complaints when there is a Request for Suspension, Temporary Stay, or Termination of Enforcement 1. In cases where the complainant withdraws part or all of the complaint, the competent authority shall issue a Notice to terminate the resolution of the withdrawn complaint and notify the complainant thereof. The withdrawal of the complaint must be in writing, and the resolution of the complaint ends with the issuance of the termination notice.
2. If there is a document requesting suspension, temporary stay, or termination of enforcement from the competent authority, the complaint shall continue to be resolved if it does not affect the content of the judgment or decision of the Court.
Article 11. Organization of Verification and Dialogue at Local Level
Where verification and direct dialogue at the local level or at relevant agencies and organizations are necessary to resolve complaints, the competent authority resolving the complaint must issue a decision to establish a verification and dialogue team; the verification team is responsible for developing a work plan and assigning specific tasks to its members for verification and dialogue.
Article 12. Organizing Meetings, Exchanging Opinions with Relevant Agencies, Organizations, and Individuals, Soliciting Expert Appraisals, or Applying Other Necessary Measures
1. In cases involving complex issues, legal ambiguities, or differing viewpoints on resolution, the competent authority resolving the complaint may organize meetings and exchange opinions with relevant agencies, organizations, and individuals; seek guidance on resolution from higher authorities; solicit expert appraisals or take other necessary measures.
2. Costs for soliciting expert appraisals are borne by the State budget; if the complainant requests an appraisal, they must bear the costs. If the complainant requests a re-appraisal and the result differs from the previous appraisal, they will not have to bear the costs.
Article 13. Issuing a Decision to Resolve Complaints
1. After receiving the results of verification, dialogue, or expert appraisal (if applicable), the competent authority resolving the complaint must issue a decision to resolve the complaint within the time limit specified in Article 146 of the Civil Execution Law.
2. In cases involving complex issues requiring verification, review, dialogue, solicitation of expert appraisals, organizing meetings, exchanging opinions with relevant agencies, organizations, and individuals, or taking other necessary measures as prescribed by law, the time limit may be extended but not exceeding 30 days from the date the complaint resolution deadline expires.
3. In cases where multiple people file complaints about the same matter, the competent authority resolving the complaint shall issue a decision to resolve the complaint for each individual or issue a decision to resolve the complaint accompanied by a list of the complainants.
Article 14. Issuance, Public Disclosure, Urging, Monitoring, and Inspection of the Implementation of Complaint Resolution Results
1. Within three working days from the date of issuing the decision to resolve the complaint, the decision must be sent to the People's Procuracy at the same level, the complainant, the person complained against, and relevant agencies, organizations, and individuals.
2. Within seven days from the date of issuing the decision to resolve the complaint, the second-level competent authority resolving the complaint has the responsibility to publicly disclose the decision to resolve the complaint through one of the following methods:
a) Announcing at a meeting of the agency where the person complained against works;
b) Notifying through mass media or the website of the agency resolving the complaint;
c) Posting at the office premises or public reception area of the agency issuing the decision to resolve the complaint.
3. Urging, Monitoring, and Inspecting the Implementation of the Effective Complaint Resolution Decision
a) Responsibilities of the Competent Authority Resolving Complaints
After the decision to resolve the complaint becomes effective, within their scope of duties and powers, the complaint resolver has the responsibility to urge, monitor, and inspect relevant agencies, organizations, and individuals to implement the decision.
b) Responsibilities for Implementing the Decision to Resolve Complaints
The head of the civil execution management agency or the civil execution agency assigned to implement the decision to resolve the complaint has the responsibility to implement it and report to the competent authority resolving the complaint.
SETTLEMENT OF PETITIONS FOR COMPLAINTS AND REPORTS
Section 3
RESOLUTION OF COMPLAINTS
Article 15. Handling Complaints Complaint Handling
Within three working days from the date of assignment, the civil servant shall study the content of the complaint and propose to the competent authority to handle it as follows:
1. In cases where the complaint falls within the jurisdiction for resolution as stipulated in Article 157 of the Civil Enforcement Law, the complaint shall be accepted; if the complaint does not meet the conditions for acceptance, a written response shall be provided to the complainant explaining the reasons or guiding the complainant to supplement relevant information and documents related to the complaint for acceptance and resolution.
2. In cases where the complaint falls within the jurisdiction for resolution of a lower-level civil enforcement agency or another agency, it shall be transferred to the competent agency for resolution and the complainant shall be notified.
3. In cases where the complaint has already been transferred, guided, responded to, and resolved according to the provisions of the law but the party continues to submit the same content complaint; the complaint is simultaneously submitted to multiple agencies, including those with the authority to resolve or have invited the complainant twice to clarify the content of the complaint but the complainant did not attend, did not provide information or documents, the complaint shall be filed.
4. In cases where the complained act indicates criminal offenses, the competent authority handling the complaint shall issue a document transferring the complaint and accompanying files and documents to the competent investigative agency or People's Procuracy for handling in accordance with the law.
Article 16. Accepting Complaints
1. After receiving complaints within their jurisdiction, the competent authority handling the complaint shall check the name and address of the complainant and other contents as prescribed in Clause 2 of Article 20 of the Complaint Law and decide whether to accept or not to accept the resolution of the complaint.
If necessary, the complaint handler may directly work with the complainant to clarify the content of the complaint and other related issues before accepting and resolving the complaint.
2. The competent authority handling the complaint shall issue a decision to accept and resolve the complaint within ten days from the date of receipt of the complaint and notify both the complainant and the person being complained against.
Article 17. Handling Withdrawal of Complaints Withdrawal of Complaints
1. In cases where the complainant requests to withdraw part or all of the content of the complaint and it is deemed that the withdrawal of the complaint is based on grounds, the complaint handler shall issue a decision to terminate the complaint content. The withdrawal of the complaint must be done in writing.
2. In cases where the violation of the law has not yet been discovered and handled or there is evidence suggesting that the withdrawal of the complaint is due to the complainant being threatened or coerced, the complaint handler shall still examine and resolve the complaint in accordance with the law.
Article 18. Verifying the Content of Complaints
The competent authority handling the complaint shall establish a Verification Team for the content of the complaint. The Verification Team is responsible for developing a work plan, assigning specific tasks to members to verify the content of the complaint in the following steps:
1. Announcing the Decision to Establish the Verification Team
The head of the Verification Team is responsible for delivering or announcing the decision to establish the Verification Team to the person being complained against within fifteen days from the date of issuance of the decision. The delivery or announcement of the decision to establish the Verification Team must be recorded in a protocol signed by the person issuing the decision and the person being complained against. The protocol must be made in two copies, one copy given to the person being complained against.
2. Directly Working with the Person Being Complained Against and the Complainant
a) The complaint verifier must directly work with the person being complained against, requiring the person being complained against to explain in writing about the complained content and provide relevant information, documents, and evidence related to the complained content and explanation.
b) In cases where necessary, the complaint verifier may directly work with the complainant to clarify the complained content, while also requesting the complainant to provide relevant information, documents, and evidence related to the complained content.
3. The competent authority handling the complaint may request relevant agencies, organizations, or individuals to provide information, documents, and evidence related to the complained content.
Article 19. Report on the Results of Investigating Complaints
1. Within five working days from the date of completion of the investigation, the Head of the Investigation Team must report in writing to the competent authority for handling complaints about the results of the investigation.
2. In cases where the investigation reveals signs of criminal offenses, the Investigation Team shall report to the competent authority for handling complaints to transfer the case to the competent investigative agency or People's Procuracy for handling according to the provisions of the law.
Article 20. Seeking Advisory Opinions and Requesting Appraisals
In complex cases or when deemed necessary, the competent authority for handling complaints may seek advisory opinions from specialized agencies, other relevant agencies, organizations, or individuals, organize meetings, exchange opinions, or request appraisals before concluding the content of the complaint.
Article 21. Notification of Draft Conclusion on the Content of the Complaint
1. If necessary, prior to issuing the conclusion on the content of the complaint, the competent authority for handling complaints shall organize a meeting to notify directly or send the draft conclusion on the content of the complaint to the person complained against so that they can be informed and continue to provide explanations.
2. If the draft conclusion on the content of the complaint contains information classified as state secrets or harmful to the complainant, such information shall not be notified.
Article 22. Conclusion on the Content of the Complaint
Based on the content of the complaint, the explanatory documents of the person complained against, the report on the results of investigating the complaint, related documents and evidence, and comparing with the provisions of the law, the competent authority for handling complaints shall issue the conclusion on the content of the complaint.
Article 23. Handling the Requests of the Person Complained Against
Within ten days from the date of receipt of the conclusion on the content of the complaint, if the person complained against disagrees, they have the right to submit a written request to the immediate superior of the person who handled the complaint, which shall be resolved as follows:
1. If the handling of the complaint has been in accordance with the provisions of the law, the immediate superior of the person who handled the complaint shall issue a written response, requiring the person complained against to strictly implement the Conclusion on the Content of the Complaint.
2. If new circumstances or signs of law violations by the competent authority that handled the complaint are discovered, then the case shall be re-examined or directed to be re-examined. The procedures and steps for re-examining the complaint shall be carried out according to the provisions of this Circular.
Article 24. Publicizing the Conclusion on the Content of the Complaint and the Decision on Handling Violations Alleged in the Complaint
1. The person handling the complaint must send the conclusion on the content of the complaint to the immediate superior agency, the People's Procuracy at the same level, publicize the conclusion on the content of the complaint and the decision on handling the alleged violations to the person complained against.
2. The publicizing of the conclusion on the content of the complaint and the decision on handling the alleged violations shall be carried out through one of the following forms: announcing at a meeting of the agency where the person complained against works; posting at the workplace or place of receiving citizens of the agency that handled the complaint; notifying through mass media or publishing on the Portal/Website of the agency that handled the complaint.
If the documents mentioned above contain contents classified as state secrets or information harmful to the complainant, the relevant parts must be excerpted and removed before sending them to the person complained against.
3. If the complainant requests notification of the result of handling the complaint, the person handling the complaint shall send a written notification of the result of handling the complaint to the complainant. The notification of the result of handling the complaint must clearly state the conclusion on the content of the complaint, the handling of the person complained against, except for those contents classified as state secrets. If the complainant does not request notification of the result of handling the complaint but through verification it has been concluded that all or part of the content of the complaint is not true, the person handling the complaint still must notify in writing to the complainant about the contents of the complaint that were found to be not true.
Article 25. Implementation of the conclusion on the content of complaints and decisions to handle reported violations
1. Within their scope of duties, tasks, and authority, those authorized to resolve complaints shall be responsible for supervising, urging, and inspecting the organization's implementation of the conclusions on the content of complaints and decisions to handle reported violations, or entrusting the unit that advised on resolving the complaint or the head of the lower-level civil enforcement agency to implement.
2. The head of the agency assigned to organize the implementation of the conclusions on the content of complaints and decisions to handle reported violations must implement the content of the conclusions accurately and report to those authorized to resolve complaints.
Section 4
HANDLING COMPLAINTS AND PETITIONS THAT ARE COMPLEX, PENDING, LONG-STANDING, AND PROPOSALS, SUGGESTIONS, AND REFLECTIONS
DELAY, PROLONGATION, AND PETITIONS, SUGGESTIONS, AND REPORTS
Article 26. Coordination in handling complex, pending, long-standing complaints and petitions
Civil enforcement agencies and civil enforcement management agencies shall coordinate with functional agencies at the same level in resolving complex, pending, and long-standing complaints and petitions. For complex complaints and petitions that affect local political security and social order and safety, the head of the provincial-level civil enforcement agency shall be responsible for reporting to the provincial People's Committee to obtain guidance for resolution according to Clause 1 of Article 173 of the Civil Enforcement Law.
Article 27. Review, classification, and handling of cases
Civil enforcement agencies and civil enforcement management agencies shall organize reviews of complaint and petition letters, classify complaint and petition cases for resolution according to the following procedures:
1. For complex, pending, and long-standing complaints and petitions, those authorized to resolve complaints and petitions must organize inter-sectoral meetings at central and local levels to unify resolution plans; organize dialogues with complainants and petitioners; and notify the results of complaint and petition resolution.
2. For complaints and petitions that have been resolved in accordance with the law, if through dialogue, explanation, mobilization, and persuasion, the complainant or petitioner agrees with the resolution plan, then those authorized to resolve complaints and petitions shall issue a notice terminating the complaint or petition. In cases where the party does not agree, they shall issue a notice declining to accept, consider, or resolve the complaint or petition case, while simultaneously, the issuing agency will establish a cross-sectional file on the content of the case and the resolution process to publicize on the agency’s electronic portal and notify relevant central and local agencies.
Article 28. Handling proposals, suggestions, and reflections
Within three working days from the date of assignment, officials must propose to those authorized to handle as follows:
1. In cases where proposals, suggestions, or reflections fall within their jurisdiction, they must provide a written response to the proposer, suggester, or reflector.
2. In cases where proposals, suggestions, or reflections are unrelated to the field of civil enforcement and fall within the jurisdiction of another agency, they must transfer the proposal along with attached documents (if any) to the competent agency for resolution as prescribed by law and respond and guide the proposer, suggester, or reflector.
3. In cases where proposals, suggestions, or reflections have already been transferred, guided, and responded to according to the law but the party continues to submit similar proposals to multiple agencies, including the competent agency for resolution, the proposal should be retained.
Chapter III
REPORTING, STATISTICAL ANALYSIS, AND ORGANIZATION OF IMPLEMENTATION
Article 29. Reporting and Statistical System
1. The Civil Enforcement General Department shall guide, direct, inspect, and urge the implementation of the reporting system for handling complaints, denunciations, requests, suggestions, and reflections within the civil enforcement system in accordance with Circular No. 08/2015/TT-BTP dated June 26, 2015, amending and supplementing certain provisions of Circular No. 01/2013/TT-BTP dated January 3, 2013, issued by the Ministry of Justice on guiding the reporting and statistical system for civil enforcement.
2. The Civil Enforcement Department shall monitor, compile the situation of handling complaints, denunciations, requests, suggestions, and reflections from the Civil Enforcement Department and civil enforcement branches within its jurisdiction, and report to the Civil Enforcement General Department.
Article 30. Effective Date
1. This Circular takes effect from March 16, 2016.
2. Provisions regarding the procedures for handling complaints, denunciations, requests, suggestions, and reflections in civil enforcement that conflict with this Circular shall be abolished.
For cases of complaints and denunciations that have been accepted before this Circular takes effect but have not yet been resolved, they shall be handled in accordance with this Circular.
Article 31. Implementation Organization
1. The Civil Enforcement General Department, the Inspectorate of the Ministry of Justice, the Director of the Civil Enforcement Department of the provincial/municipal level, and the Head of the Civil Enforcement Branch at the district/county/city/township level under the province shall be responsible for implementing this Circular.
2. Annually, the Civil Enforcement General Department shall compile and report to the Minister of Justice the results of work in handling complaints, denunciations, requests, suggestions, and reflections related to civil enforcement.
Any difficulties encountered during the implementation should be reported to the Ministry of Justice for timely research and amendment./.
原始文件(PDF)
关系图
点击文件即可打开。红色边框=改变效力的关系。