Circular No. 02/2016/TT-TTCP Amending and Supplementing Certain Provisions of Circular No. 07/2013/TT-TTCP dated October 31, 2013 of the Government Inspectorate on the procedure for handling administrative complaints

CIRCULAR

Amending and supplementing certain Articles of Circular No. 07/2013/TT-TTCP dated October 31, 2013 of the Government Inspectorate
regarding the procedure for handling administrative complaints
Pursuant to 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;

_______________

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;

The Chief Inspector General promulgates this Circular amending and supplementing certain Articles of Circular No. 07/2013/TT-TTCP dated October 31, 2013 of the Government Inspectorate regarding the procedure for handling administrative complaints,

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

Article 1. Amending and supplementing certain Articles of Circular No. 07/2013/TT-TTCP:

"1. Within ten working days from the date of receipt of the administrative decision, administrative act, disciplinary decision against civil servants under the authority to handle, which does not fall within any of the cases prescribed in Article 11 of the Law on Complaints, the person with the authority to handle the first or second level complaint must accept and process the complaint. In the case where multiple people file a complaint about the same content and appoint a representative to present the complaint content, acceptance shall be made if the complaint letter contains signatures of all complainants and a document appointing the representative to present the complaint content. If acceptance is not made, the reasons must be clearly stated in the notification letter sent to the complainant."

1. Amending and supplementing Clause 1 of Article 5 as follows:

"3. When the deadline for verifying the complaint content has expired but the person handling the complaint or the agency, organization, unit, or individual entrusted to verify the complaint content has not completed the verification, the person handling the complaint may consider extending the verification period. The extension shall not cause the total processing time to exceed the complaint resolution deadline. The decision on extending the verification period shall be implemented according to Model No. 04A-KN issued together with this Circular."

2. Supplement Clause 3 of Article 7 as follows:

"1. During the verification process, the person handling the complaint or the person responsible for verification shall send a request for information, documents, and evidence related to the complaint content to relevant agencies, organizations, units, or individuals. The request shall be implemented according to Model No. 06-KN issued together with this Circular.

3. Amending and supplementing Clause 1 of Article 12 as follows:

The content of the meeting shall be recorded in a minutes document specifying the time, location, participants, content, information, documents, and evidence exchanged during the meeting, and signed by all parties. The minutes shall be prepared in at least two copies, each party retaining one copy. The minutes of the meeting shall be implemented according to Model No. 05-KN issued together with this Circular."

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

4. Amending and supplementing Clause 4 of Article 13 as follows:

"1. When it is deemed necessary to have an assessment of the content related to specialized knowledge or technical matters as a basis for concluding on the complaint content, the person handling the complaint decides to request an appraisal. The appraisal request shall be implemented according to Model No. 08A-KN issued together with this Circular."

5. Amending and supplementing Clause 1 of Article 15 as follows:

"1. The person responsible for verification or the Head of the Verification Team must report the results of the verification of the complaint content in writing to the person handling the complaint or the person issuing the decision to establish the Verification Team. The verification report of the Verification Team must be discussed and opinions contributed by the members of the Verification Team. If the members have differing opinions on the verification results, they have the right to retain their own opinions and record them in the verification report."

6. Amending and supplementing Clause 1 of Article 18 as follows:

7. Amending and supplementing Clause 1 and Clause 2 of Article 21 as follows:

"1. Cases of dialogue

a) During the process of handling administrative decisions, administrative acts, the person handling the first-level complaint shall conduct a dialogue if the complainant's request and the verification results of the complaint content differ.

b) During the process of handling the second-level complaint, the person handling the complaint must conduct a dialogue.

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

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

The person handling the complaint is responsible for notifying in writing the complainant, the person being complained against, those with rights and obligations related to the matter, and relevant agencies and organizations of the time, place, and content of the dialogue.

b) Content of the dialogue: The person handling the complaint must clearly state the content to be discussed, the verification results of the complaint content; participants in the dialogue have the right to present their opinions, provide additional information, documents, and evidence related to the complaint and their requests."

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 person handling the complaint must clearly state the content to be discussed and the results of verifying the complaint's content; participants in the dialogue have the right to present their opinions, provide additional information, documents, and evidence related to the complaint and their requests.

Article 2. Supplement three forms attached to this Circular to the Appendix of the Circular amending and supplementing Circular No. 07/2013/TT-TTCP.

1. Form number 01A-KN on the complaint form.

2. Form number 04A-KN on extension of verification time.

3. Form number 08A-KN on the decision to request appraisal.

Article 3. Effectiveness

This Circular takes effect from December 5, 2016.

Article 4. Organization of Implementation

Ministries, ministerial-level agencies, agencies under the Government, People's Committees at all levels shall be responsible for organizing the implementation of this Circular.

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