Decision No. 03/2003/QĐ-BGDĐT on the issuance of regulations on handling complaints, denunciations, and receiving citizens of the Ministry's agencies and subordinate units and schools under the Ministry of Education and Training.

DECISION OF THE MINISTER OF EDUCATION AND TRAINING

Regarding the issuance of regulations on handling complaints, denunciations, and receiving citizens at the Ministry's agencies and subordinate units and schools under the Ministry of Education and Training.

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MINISTER OF EDUCATION AND TRAINING

Pursuant to the Law on Complaints and Denunciations dated December 2, 1998, and Decree No. 67/1999/NĐ-CP dated August 7, 1999 of the Government detailing and guiding the implementation of the Law on Complaints and Denunciations, and Decree No. 62/2002/NĐ-CP dated June 14, 2002 of the Government amending and supplementing certain articles of Decree No. 67/1999/NĐ-CP;
Pursuant to the Education Law dated December 2, 1998;
Pursuant to the Inspection Ordinance dated April 1, 1990;
Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;
Pursuant to Decree No. 29/CP dated March 30, 1994 of the Government on the tasks, powers, and organizational structure of the Ministry of Education and Training, based on the proposal of the Inspector General of the Ministry of Education and Training,

 

DECISION:

Article 1. This Decision promulgates the Regulations on handling complaints, denunciations, and receiving citizens at the Ministry's agencies and subordinate units and schools under the Ministry of Education and Training.

Article 2. This Decision takes effect fifteen days after the date of signature.

Previous provisions that conflict with this Regulation shall be abolished.

Article 3. The Heads of the Offices, Inspectors, Department Directors of the Ministry of Education and Training and the Heads of subordinate units and schools under the Ministry shall be responsible for implementing this Decision.

 THE MINISTER
MINISTRY OF EDUCATION AND TRAINING
(Signed)
Nguyen Minh Hien 

REGULATIONS
On handling complaints, denunciations, and receiving citizens at the Ministry's agencies and subordinate units and schools under the Ministry of Education and Training

(issued together with Decision No. 03/2003/QĐ-BGDĐT dated January 13, 2003 of the Minister of Education and Training).

 

PART I

GENERAL PROVISIONS

Article 1. Complaints and denunciations submitted by citizens to or reflected to the Ministry of Education and Training (hereinafter referred to as the Ministry) and its subordinate units and schools must be processed promptly and resolved according to the procedures, formalities, and deadlines prescribed in the Law on Complaints and Denunciations and Decree No. 67/1999/NĐ-CP dated August 7, 1999 of the Government detailing and guiding the implementation of the Law on Complaints and Denunciations, and Decree No. 62/2002/NĐ-CP dated June 14, 2002 of the Government amending and supplementing certain articles of Decree No. 67/1999/NĐ-CP.

Article 2. The Heads of the Offices, Inspectors, and Department Directors (hereinafter referred to as organizations) under the Ministry shall have the responsibility to verify, conclude, and recommend the Minister to resolve complaints and denunciations according to the specific responsibilities assigned in these Regulations.

The Directors of universities, Principals of schools, Directors of research institutes, Directors of companies, centers, Educational Publishing House, and Chief Editors of newspapers (hereinafter referred to as units) under the Ministry shall have the responsibility to resolve complaints and denunciations and receive citizens according to the provisions of the Law on Complaints and Denunciations and according to the specific responsibilities assigned in these Regulations.

Article 3. The Inspectorate of the Ministry of Education and Training shall be responsible for:

1. Guiding and urging organizations and units to receive citizens, process complaint letters, resolve complaints and denunciations, and enforce decisions on resolving complaints and decisions on handling denunciations in accordance with the law;

2. Inspecting and auditing the implementation of responsibilities for receiving citizens, resolving complaints and denunciations by the Heads of organizations and units;

3. Recommending measures to improve the work of resolving complaints and denunciations and receiving citizens within the responsibility of the Minister. When violations of laws on complaints and denunciations are discovered, they shall be handled according to their authority or recommended to competent authorities for handling;

4. Summarizing the situation of complaints and denunciations and the resolution of complaints and denunciations within the scope of the Minister's responsibility, implementing monthly, quarterly, and annual reporting systems as prescribed by the State Inspector General.

Chapter II

REGULATIONS ON THE WORK OF RESOLVING

COMPLAINTS AND DENUNCIATIONS OF THE MINISTRY

Article 4. Complaints and denunciations submitted by citizens to the Ministry or reflected to the Ministry's agencies, upon receipt, organizations and individuals must transfer them to the Ministry Inspector for registration in the general ledger and monitoring of examination and resolution (in cases where the complaint must be transferred in accordance with the provisions of the Law on Complaints and Denunciations regarding confidentiality for the complainant, a report must be made to the Minister for a decision on the resolution).

The Ministry Inspector is responsible for classifying complaints and opinions and handling them in accordance with the Law on Complaints and Denunciations and this Regulation.

Article 5. For petitions, reflections, inquiries, suggestions, etc. (without complaint or denunciation content), the Ministry Inspector shall examine them, and if they relate to the management area of any organization or unit, they shall be transferred to that organization or unit for examination and resolution.

Article 6. Responsibilities for resolving complaints are stipulated as follows:

1. For complaints that do not meet the conditions for resolution or are outside the jurisdiction of the Minister, the Ministry Inspector shall handle them in accordance with the Law on Complaints and Denunciations.

2. For complaints about administrative decisions or administrative acts of the Minister or civil servants directly managed by the Minister, the Chief Inspector of the Ministry shall examine the content of the complaint related to which organization or unit, then transfer it to the head of that organization or unit for examination, conclusion, and cooperation with the Ministry Inspector to recommend the Minister to resolve it. In this case, the Minister's decision on resolving the complaint is the first-level decision on resolving the complaint.

3. For complaints that have been resolved by the head of a subordinate unit of the Ministry, the Chairman of the People's Committee of a province, or the Director of the Department of Education and Training but still involve complaints within the jurisdiction of the Minister to resolve, the Chief Inspector of the Ministry shall conduct verification, conclude, and recommend for the Minister to resolve. In this case, the Minister's decision on resolving the complaint is the final decision on resolving the complaint.

4. For complaints about disciplinary decisions signed by the Minister for civil servants and complaints about disciplinary decisions signed by the head of a subordinate unit of the Ministry for civil servants that have already been resolved at the first level but are still subject to further complaints, the Cadre and Civil Service Affairs Department shall conduct verification, conclude, and recommend for the Minister to resolve.

5. When recommending for the Minister to resolve complaints, a draft decision on resolving the complaint must be attached, with contents as stipulated in Articles 38 and 45 of the Law on Complaints and Denunciations; it is not allowed to use circulars, notifications, or other forms of documents to replace the decision on resolving the complaint.

The decision on resolving the complaint must be sent to the complainant, the person complained against, the person with rights and interests involved, and the State Inspector General; for complex cases, the complainant, the person complained against, the person with rights and interests involved, and representatives of relevant agencies shall be invited to publicly announce the decision on resolving the complaint.

6. Upon receiving complaints within the jurisdiction of the immediate subordinate level but beyond the prescribed time limit without resolution, the Chief Inspector of the Ministry shall transfer it to request the subordinate level to resolve it, while also having the responsibility to direct, inspect, and urge the resolution process, and if necessary, recommend for the Minister to handle those who are negligent or intentionally delay the resolution.

Article 7. Responsibilities for handling complaints are stipulated as follows:

1\. Complaints regarding violations of laws that fall under the management authority of a specific unit shall be transferred by the Inspectorate of the Ministry to the Head of that unit for examination and resolution.

2\. Complaints concerning violations of regulations on official duties by individuals within a certain organization in the Ministry shall be transferred by the Inspectorate of the Ministry to the Head of that organization for verification, conclusion, and cooperation with the Inspectorate of the Ministry to propose solutions to the Minister for resolution.

3\. Complaints concerning violations of regulations on official duties by Heads, Deputy Heads of organizations under the Ministry, and subordinate units of the Ministry shall be reported by the Inspectorate of the Ministry to the Minister for decision on the resolution process.

4\. Complaints regarding violations of laws where the content pertains to the responsibility of state management of the Ministry shall be assigned to relevant organizations with related functions for verification, conclusion, and proposal to the Minister for resolution.

5\. Complaints that have been resolved by the Head of a subordinate unit of the Ministry but still involve violations of laws shall be verified, concluded, and proposed by the Inspectorate of the Ministry to the person who previously resolved the complaint for reconsideration and resolution.

6\. Complaints involving criminal offenses shall be transferred to the investigative agency and the Office of the Prosecutor for handling according to Article 71 of the Law on Petitions and Complaints.

7\. Anonymous, forged, unclear address, or photocopy-signed complaints, or those re-filed without new evidence or materials after being examined and concluded by competent authorities shall not be considered or resolved.

Article 8. When receiving petitions or complaints within their responsibility, the Heads of organizations must organize verification, conclusion, and proposal for the Minister to resolve. After resolving the issue, the organization must send a notification to the Inspectorate of the Ministry for consolidation and monitoring.

Article 9. For cases requiring the establishment of a Ministry inspection team for verification, based on the nature of the case, the Minister or the Chief Inspector of the Ministry will issue a decision to establish the inspection team. Relevant organizations and units must assign appropriate staff to participate in the inspection team.

Chapter III

REGULATIONS ON PETITION AND COMPLAINT RESOLUTION WORK
OF SUBORDINATE UNITS OF THE MINISTRY

Article 10. The Heads of subordinate units of the Ministry are authorized to resolve petitions and complaints according to the responsibilities stipulated in the Law on Petitions and Complaints and are accountable to the Minister for petition and complaint resolution work and citizen reception activities of their units.

Article 11. Responsibilities for handling petitions are stipulated as follows:

1\. Petitions against administrative decisions or actions of the Head of the unit or of civil servants directly managed by them shall be assigned to staff to conduct verification, conclusion, and proposal for the Head to resolve.

2\. For petitions against disciplinary decisions signed by the Head of the unit concerning civil servants, they shall be assigned to the organizational personnel department to conduct verification, conclusion, and proposal for the Head to resolve.

3\. Petitions received from National Assembly Deputies, People's Council Deputies, Vietnam Fatherland Front Committees and its member organizations, or media agencies shall be handled by the Head of the unit according to the provisions of the Law on Petitions and Complaints.

4\. When resolving petitions, the Head of the unit must issue a decision on petition resolution with contents as stipulated in Articles 38 and 45 of the Law on Petitions and Complaints; they may not use circulars, notifications, or other forms of documents to replace the decision on petition resolution.

The decision on petition resolution must be sent to the petitioner, the person complained against, interested parties, and the Inspectorate of the Ministry; for complex cases, the petitioner, the person complained against, interested parties, and representatives of related agencies should be invited to publicly announce the decision on petition resolution.

Article 12. Responsibilities for handling complaints are stipulated as follows:

1. Complaints regarding violations of laws, violations of duties and public service regulations of officials and civil servants directly managed by the Head of the unit shall be assigned by the Head to staff members to conduct investigations, conclusions, and recommendations for the Head to resolve.

2. Complaints regarding violations of duties and public service regulations of the Heads, Deputy Heads of units appointed by the Minister, and State Enterprise Accountants appointed by the Minister shall fall within the jurisdiction of the Minister to resolve.

3. Complaints regarding criminal offenses shall be transferred to the investigative agency and the Prosecutor's Office for handling in accordance with Article 71 of the Law on Petitions and Complaints.

4. Anonymous complaints, false-name complaints, complaints without clear addresses, or those lacking direct signatures but instead using copied signatures, as well as repeated complaints that have already been reviewed and concluded by competent authorities without new evidence or documents, will not be considered or resolved.

Article 13. Petitions and complaints transferred to the Ministry Inspectorate by delegation from the Minister shall be resolved by the Head of the unit. Upon completion of resolution or at the end of the prescribed resolution period under the Law on Petitions and Complaints, the Head of the unit must report the resolution results to the Ministry Inspectorate for consolidation and reporting to the Minister and the State Inspector General as prescribed.

Article 14. When receiving petitions and complaints within their responsibility to resolve, the Head of the unit shall assign staff members to conduct investigations, conclusions, and recommendations for the Head of the unit to resolve. The procedures, formalities, and deadlines for resolving petitions and complaints shall be carried out in accordance with the Law on Petitions and Complaints and detailed decrees guiding the implementation of this law.

Article 15. The Heads of units shall appoint staff members to monitor, consolidate, and write monthly, quarterly, and annual reports on the work of resolving petitions and complaints and receiving citizens, to be submitted to the Ministry (through the Ministry Inspectorate) for consolidation and reporting to the Minister and the State Inspector General as prescribed.

Article 16. People's Inspection organizations in units shall perform their tasks and powers to receive petitions, complaints, and suggestions for the Head of the unit to resolve promptly and in accordance with the law on petitions and complaints, and supervise the resolution of petitions and complaints.

Article 17. The authority to resolve petitions and complaints of Principals of schools and Heads of units subordinate to universities shall be specified by the University Director based on the provisions of the law.

Chapter IV

CITIZEN SERVICES WORK

Article 18. Citizen reception work of the Ministry's agencies and units subordinate to the Ministry shall be implemented in accordance with the Law on Petitions and Complaints, Decree No. 67/1999/ND-CP dated August 7, 1999, detailing and guiding the implementation of the Law on Petitions and Complaints, Decree No. 89/CP dated August 7, 1997, issued by the Government on the Regulations on Organizing Citizen Reception, and Circular No. 25/1997/TT-BGDĐT dated December 31, 1997, issued by the Ministry of Education and Training guiding the implementation of Decree No. 89/CP of the Government on the Regulations on Organizing Citizen Reception, to be implemented in the education and training sector.

Article 19. The citizen reception work of the Ministry's agencies is specifically stipulated as follows:

1. Organize citizen reception at the citizen reception room at the Ministry's headquarters.

The Office shall coordinate with the Ministry Inspectorate to arrange the Ministry's citizen reception room to ensure conditions for citizens to easily and conveniently submit letters or present opinions on complaints, suggestions, and reflections in person.

The Ministry Inspectorate shall be responsible for assigning staff members to regularly receive citizens at the Ministry's citizen reception room.

2. The Minister (or Deputy Minister authorized) shall receive citizens once a month on the 25th day of each month (if it falls on a holiday, it shall be rescheduled to the next working day).

3. The citizen reception work of the Minister shall be organized and coordinated by the Office, in collaboration with the Ministry Inspectorate and relevant agencies, to prepare the content and assign staff members to participate in the reception.

Article 20. The reception of citizens by units under the Ministry shall be specifically regulated as follows:

1. Units must arrange a citizen reception room in accordance with the provisions of the law. The head of the unit shall appoint a person to regularly receive citizens.

2. The head of each unit shall receive citizens at least one day per month. At the reception location, the schedule for receiving citizens and the rules for citizen reception must be posted.

Chapter V

IMPLEMENTING PROVISIONS

Article 21. This Regulation applies to agencies within the Ministry's agency and units under the Ministry of Education and Training to concretize the provisions of the law, aiming to strengthen management of complaint and denunciation resolution work in accordance with the law on handling complaints and denunciations.

Article 22. Heads of organizations under the Ministry's agency and units under the Ministry shall be responsible for implementing this Regulation.

Previous provisions that conflict with this Regulation shall be abolished.

The Inspector General of the Ministry of Education and Training shall be responsible for organizing the implementation, guiding, and inspecting the implementation of this Regulation.

MINISTER(SIGNED)Nguyễn Minh Hiển