✦ Tóm lược thông minh
Circular No. 03/2010/TT-BTTTT provides detailed regulations on receiving citizens and handling complaints and denunciations of the Ministry of Information and Communications, applicable to Heads of Ministry agencies, subordinate units of the Ministry, and related organizations and individuals. This Circular guides specific responsibilities, locations, procedures for receiving and processing complaints and denunciations; management of files, and urging implementation of resolution conclusions.
Đối tượng áp dụng
Heads of Ministry agencies, Heads of subordinate units of the Ministry; subordinate units of the Ministry and related organizations and individuals.
Các điểm cốt lõi
- The Minister arranges a schedule for receiving citizens at least once every quarter, and Deputy Ministers may substitute but must report to the Minister.
- The Ministry Office is responsible for arranging the reception room for citizens and notifying the Inspectorate when required.
- The Inspectorate assigns staff to receive citizens and guide the handling of complaints and denunciations.
- Heads of subordinate units of the Ministry must arrange a place to receive citizens at least once every month, and assign staff to receive citizens.
- Complaints and denunciations shall be handled according to Article 49 of Decree No. 136/2006/NĐ-CP.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Enhances interaction between citizens and state agencies, creating favorable conditions for complaints and denunciations.
- Negative impact: May cause inconvenience to officials due to the need to receive and handle numerous complaints and denunciations.
❓ Câu hỏi thường gặp
What responsibilities does the Minister have in receiving citizens?
The Minister arranges a schedule for receiving citizens at least once every quarter and must personally receive citizens at least once every quarter.
What can civil servants doing citizen reception do when receiving citizens?
Civil servants receiving citizens must wear identification cards, prepare adequately, guide citizens in presenting their complaint and denunciation contents, and issue a receipt.
When will a complaint letter be transferred to another agency?
A complaint letter not within the jurisdiction of the unit itself but within the jurisdiction of another unit will be transferred for resolution.
How long after receiving a complaint letter must there be a proposal to the Leadership?
Within five working days from the date of receiving a complaint letter, the department receiving the complaint must propose to the Leadership regarding acceptance or non-acceptance of the complaint.
Who can civil servants receiving citizens refuse to receive?
Civil servants receiving citizens have the right to refuse those who are in an agitated state, intoxicated, mentally ill, or violating the rules of the citizen reception area.
Toàn văn
CIRCULAR
Provisions on receiving citizens and handling complaints and reports of the Ministry of Information and Communications,
complaint of the Ministry of Information and Communications
____________
Based on the Law on Complaints and Reports dated December 2, 1998; the Law Amending and Supplementing Certain Articles of the Law on Complaints and Reports dated June 15, 2004; the Law Amending and Supplementing Certain Articles of the Law on Complaints and Reports dated November 29, 2005;
Pursuant to Decree No. 136/2006/NĐ-CP dated November 14, 2006 of the Government detailing and guiding the implementation of certain articles of the Law on Petitions and Complaints and the Laws amending and supplementing certain articles of the Law on Petitions and Complaints;
Based on Decree No. 136/2006/NĐ-CP dated November 14, 2006 of the Government detailing and guiding the implementation of certain articles of the Law on Complaints and Reports and Laws amending and supplementing certain articles of the Law on Complaints and Reports;
The Ministry of Information and Communications hereby specifies regulations on receiving citizens and handling complaints and petitions of the Ministry of Information and Communications as follows:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
1. This Circular specifies provisions on receiving citizens and handling complaints and reports of the Ministry of Information and Communications including: citizen reception work; receipt and handling of complaints and reports; management of complaint and report resolution work and reporting systems.
2. The receipt and handling of reflections and suggestions from individuals and organizations regarding administrative regulations shall be carried out in accordance with Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt and handling of reflections and suggestions from individuals and organizations regarding administrative regulations.
Article 2. Applicability
This Circular applies to the Heads of Ministries' agencies, Heads of subordinate units of the Ministry; subordinate units of the Ministry and related organizations and individuals.
Chapter II
REGULATIONS ON RECEIVING CITIZENS
Article 3. Responsibility for Receiving Citizens
1. The Minister shall arrange schedules for receiving citizens, depending on the requirements of the work to arrange the number of times to receive citizens in a month. The Minister may delegate to the Deputy Minister to receive citizens but at least once every quarter, the Minister must arrange time to directly receive citizens for one day.
2. The Ministry Office shall have the responsibility to:
a) Arrange a reception room and necessary equipment to serve citizen reception activities at the Ministry's headquarters (18 Nguyen Du Street, Hanoi); guide and welcome citizens according to regulations;
b) Notify the Inspectorate of the Ministry to dispatch staff to receive citizens when citizens come to complain or report;
c) In cases where citizens request to be received by the Ministry's leadership, arrange schedules for the Ministry's leadership to receive citizens; notify relevant functional units and the Inspectorate of the Ministry to dispatch staff to participate in receiving citizens together with the Ministry's leadership.
3. The Inspectorate of the Ministry shall have the responsibility:
a) To arrange staff with sufficient capacity to receive citizens. Receiving citizens and handling complaints and reports shall be carried out in accordance with the provisions of the law on complaints and reports;
b) To require the heads of relevant units to dispatch staff to participate in receiving citizens at the citizen reception room when necessary;
c) To guide and answer citizens' complaints and reports;
d) To take the lead in coordinating with relevant units to prepare files and documents for the Ministry's leadership to receive citizens.
4. Responsibilities of the Heads of subordinate units of the Ministry (excluding functional Departments):
a) To arrange places to receive citizens at the unit's workplace in accordance with the regulations;
b) To arrange to receive citizens at least once a month;
c) To dispatch staff with sufficient capacity to serve as regular points of contact for citizens coming to complain or report at the unit's premises; monitor and handle citizens' complaints and reports in accordance with the law on complaints and reports;
d) To dispatch staff to participate in receiving citizens upon request of the Ministry's Office or the Inspectorate of the Ministry.
5. Responsibilities and authorities of citizen reception staff:
a) Citizen reception staff must wear identification cards and be fully prepared with working conditions and equipment when performing their duties; check citizens' identity documents (ID card, introduction letter, power of attorney, etc., as prescribed by law); guide citizens to present their complaints and reports clearly and provide relevant evidence; prepare two copies of the receipt for the complaint, file, and documents provided by the citizen, give one copy to the citizen and keep one copy in the file for resolution;
b) Citizen reception staff must promptly and accurately report all relevant contents of citizens' complaints and reports to their direct superiors; resolve any difficulties encountered during citizen reception;
c) Citizen reception staff may only receive citizens at the designated reception locations of their agencies or units;
d) Citizen reception staff must not cause inconvenience, harassment, or obstruct, delay citizens' complaints and reports; must not disclose information, documents, or writings of the person making the report;
đ) Citizen reception staff have the right to refuse to receive people who are in a state of excessive excitement, intoxication, mental illness, or those violating the rules of the reception area;
e) In cases where citizens abuse their right to complain or report to insult, slander, threaten, or disrupt the order of the reception area, citizen reception staff have the right to request the local police authority to take appropriate measures in accordance with the law.
1. The Ministry of Public Security arranges a citizen reception location in Hanoi, ensuring material facilities and equipment including: audio and video recording devices, computers, printers, telephones, tables, chairs, notebooks, books, and other necessary conditions to serve citizen reception, with police forces assigned to ensure security and order. In cases of complex incidents causing disruption to security and order at the citizen reception location, the Hanoi Police and related units under the Ministry shall dispatch forces to cooperate in ensuring security and order at the Ministry's citizen reception location.
1. The location for receiving citizens must be arranged in a convenient place, ensuring necessary conditions and means for citizens to easily and conveniently present their complaints and reports.
2. The location for receiving citizens must be clean and solemn; there should be a sign reading "Citizen Reception Room"; specific working hours and citizen reception rules must be posted according to Appendix 1 attached to this Circular.
Article 5. Handling complaints and reports at the place of receiving citizens
1. The handling of complaints and reports at the place of receiving citizens shall be carried out in accordance with the provisions of Article 49 of Decree No. 136/2006/NĐ-CP dated November 14, 2006, of the Government detailing and guiding the implementation of certain articles of the Law on Complaints and Reports and the Laws amending and supplementing certain articles of the Law on Complaints and Reports.
2. Based on the complexity of the case and the responsibility for resolution by specialized units within the agency, the civil servant receiving citizens shall issue an appointment slip to the citizen and simultaneously record it in the book of receiving citizens for monitoring.
Civil servants receiving citizens must fully record the contents and issues related to the process of receiving citizens in the book of receiving citizens. After receiving citizens, the civil servant receiving citizens must report to the Head of the unit to continue handling the citizens' complaints and reports according to regulations.
3. In cases where citizens request to meet the Minister or the Head of the unit, the civil servant receiving citizens shall record the content of the request. Report to the Minister or the Head of the unit to seek instructions to issue an appointment slip for the date and time of meeting, prepare relevant files, and simultaneously notify the Office of the Ministry or the administrative consolidation department of the unit to arrange the reception of citizens in accordance with regulations.
Article 6. Book of Receiving Citizens
1. The book of receiving citizens must be fully recorded for each visit of citizens making complaints and reports, specifically regarding the content: date, month, year of complaint and report; name and address of each citizen, number of people making complaints and reports; signature of each citizen making complaints and reports; complaint and report file; name of the civil servant receiving citizens and the content of handling.
2. Managing and monitoring the citizen reception logbook:
a) The Ministry's Inspectorate manages and monitors the Ministry’s public reception logbook;
b) Heads of subordinate units of the Ministry (excluding functional Departments) shall specify the management and monitoring unit of the book of receiving citizens of their own unit.
Chapter III
RECEIVING AND RESOLVING COMPLAINTS AND REPORTS
Article 7. Procedure for receiving complaint and report letters
Complaints and reports sent to agencies and units must be concentrated at a unified point for management, monitoring, and reporting on the results of resolution, specifically divided as follows:
1. At the Ministry of Information and Communications.
a) Complaint and report letters sent through official correspondence, the Ministry's Office shall be responsible for transferring the letters to the unit handling and resolving them according to the directive of the Ministry's Leadership; subordinate units assigned to handle and resolve the letters shall be responsible for sending copies of the content and results of resolution to the Ministry's Inspectorate for monitoring and summarizing;
b) Complaint and report letters received directly at the citizen reception room, the civil servant receiving citizens shall promptly report to the Chief Inspector of the Ministry for consideration and handling of the letter; in complex cases, they shall prepare a report requesting instructions from the Ministry's Leadership before handling and resolving.
2. At subordinate units of the Ministry.
a) Based on actual circumstances, the Heads of subordinate units of the Ministry (excluding functional Departments) shall establish procedures for receiving complaint and report letters from organizations and individuals at their own units;
b) For complaint and report letters transferred by the Inspectorate of the Ministry of Information and Communications, after completing the resolution, they must send a report on the results of resolution to the Inspectorate of the Ministry.
Article 8. Handling complaints and reports not within jurisdiction
1. For complaints not within the jurisdiction of the unit itself but within the jurisdiction of another unit under the Ministry, transfer the letter and related documents to that unit for resolution, and simultaneously inform the complainant.
2. For complaints within the jurisdiction of other Ministries and sectors, return the letter, accompanying files and documents, and guide the complainant to the competent authority for resolution.
3. For reports not within the jurisdiction of the unit, transfer them to the competent authority for resolution and inform the reporter to monitor. When transferring the letter, measures must be taken to protect the confidentiality of the reporter in accordance with the law.
4. For complaint and report letters where part of the content falls within the jurisdiction of the Ministry of Information and Communications and part falls within the jurisdiction of other Ministries and sectors, consider and resolve those parts falling within the jurisdiction of the Ministry of Information and Communications. In cases involving multiple Ministries and sectors, the Chief Inspector of the Ministry shall submit to the Minister for the establishment of a joint team to verify and resolve the matter.
Article 9. Responsibility for handling complaints
1. For complaints within the jurisdiction to be resolved by the Minister, the Inspector General or the Head of the subordinate unit assigned to take the lead shall be responsible for examining, verifying, concluding, and submitting a decision to resolve the complaint to the Minister for consideration. The results of resolving the complaint shall be reported to the Ministry Inspectorate for monitoring and summarizing.
2. For complaints within the jurisdiction to be resolved by the Heads of subordinate units under the Ministry, they shall be handled in accordance with the provisions of the law on complaints and denunciations and related legal documents.
3. Within five working days, the department receiving complaints must propose to the Minister and the Heads of subordinate units whether to accept or not accept the complaint and notify the complainant in writing after receiving instructions from the leadership.
4. In cases where complaints are about disciplinary decisions made by the Minister against civil servants or complaints about disciplinary decisions made by the Heads of subordinate units that have been resolved but are still being appealed, the Cadre and Civil Servant Organization Department shall be responsible for verification, conclusion, and recommendation for the Minister's decision.
Article 10. Procedures for Handling Complaints
Procedures for handling complaints shall be carried out in accordance with the provisions of the law on complaints and denunciations.
Article 11. Responsibility for Handling Denunciations
1. For denunciations of violations of duties and public service regulations by civil servants belonging to a unit, the Head of that unit shall be responsible for handling them. For denunciations of violations of duties and public service regulations by the Head of a unit, the Head of the directly superior unit shall be responsible for handling them.
2. For denunciations of violations of laws related to the management areas under the purview of units under the Ministry, the Head of that unit shall be responsible for handling them.
3. The Inspector General of the Ministry shall be responsible for leading the examination and conclusion of the content of denunciations, and at the same time recommending measures for dealing with the following cases to the Minister:
a) Denunciations that the Head of a unit under the Ministry has resolved but during the resolution process there were violations of the law.
b) Denunciations of violations of the law by the Heads of subordinate units.
Article 12. Procedures for Handling Denunciations
Procedures for handling denunciations shall be carried out in accordance with the provisions of the law on complaints and denunciations.
Article 13. Archiving of Files and Supervision of Implementation of Complaint and Denunciation Resolutions
1. After completing the resolution of complaints and denunciations, the handling unit must record and establish case files according to the prescribed procedures and steps, including the content throughout the examination and resolution process. Case files must be stored and preserved according to current regulations, and can only be provided to relevant agencies when approved by the Head of the unit.
2. The record book must fully reflect the number of complaints received, examined, and resolved. Each individual complaint or denunciation must be detailed from receipt to completion of resolution, ensuring easy tracking and retrieval. All received complaints and denunciations must be classified and recorded accurately in the Record Book.
3. The Head of the unit handling complaints and denunciations must supervise the implementation of decisions or conclusions by related units, organizations, or individuals. The Head of the unit managing the person denounced must immediately implement the conclusions, recommendations, or decisions related to the denounced person. The superior agency directly managing the denounced person must supervise, remind, or make decisions to address any identified violations (if any) mentioned in the resolution of the denunciation.
Chapter IV
MANAGEMENT OF COMPLAINT AND DENUNCIATION RESOLUTION WORK AND REPORTING REGIME
Article 14. Responsibilities of the Inspectorate of the Ministry
1. Submit to the Ministry's leadership for signing and promulgating legal normative documents and directives, organizing and guiding the implementation of citizen reception work and complaints and denunciations resolution within the scope of the Ministry’s state management.
2. Inspect and examine the responsibility of heads of subordinate units of the Ministry regarding citizen reception work and complaints and denunciations resolution.
3. Organize training and professional development on citizen reception work and complaints and denunciations resolution.
4. Summarize, evaluate, and draw lessons from citizen reception work and complaints and denunciations resolution.
5. Compile results of citizen reception work and complaints and denunciations resolution of their own unit and subordinate units of the Ministry to report to the Minister or competent state agencies.
Article 15. Responsibilities of Units under the Ministry
Heads of subordinate units of the Ministry (excluding functional departments) are responsible for managing and monitoring citizen reception work and complaints and denunciations resolution at their units; compiling results of citizen reception and complaints and denunciations resolution and reporting to the Ministry (Inspectorate of the Ministry) in accordance with regulations.
Article 16. Reports on Complaints and Denunciations Resolution Work
1. Reports on complaints and denunciations resolution work include: quarterly reports, mid-year reports, and annual reports; ad hoc reports.
2. The contents of the report include: citizen reception work report, complaint and denunciation receipt and handling, resolution results, and recommendations and suggestions.
3. Deadline for submitting reports: before the 15th day of the last month of each quarter, June, and December of the year.
Chapter V
IMPLEMENTING PROVISIONS
Article 17. Effective Date
This Circular takes effect from March 1, 2010. Decision No. 154/2003/QĐ-BBCVT dated September 5, 2003 of the Minister of Posts and Telecommunications on citizen reception and complaints and denunciations resolution of the Ministry and subordinate units of the Posts and Telecommunications Ministry shall cease to be effective from the date this Circular takes effect.
Article 18. Responsibility for Implementation
1. Heads of the Ministry's agencies, heads of subordinate units of the Ministry are responsible for implementing this Circular.
2. The Chief Inspector of the Ministry of Information and Communications is responsible for organizing the implementation, guidance, inspection, and examination of the implementation of this Circular.
3. In the course of implementation, if any difficulties arise, relevant units, organizations, and individuals need to promptly reflect them to the Ministry of Information and Communications for consideration and resolution./.
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Bản đồ quan hệ
↑ Cơ sở & văn bản tác động lên văn bản này
Căn cứ 5
09/1998/QH10
Luật Khiếu nại, tố cáo số 09/1998/QH10
Hết hiệu lực
136/2006/NĐ-CP
Nghị định số 136/2006/NĐ-CP Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Khiếu nại, tố cáo và các Luật sửa đổi, bổ sung một số điều của Luật Khiếu nại, tố cáo
Còn hiệu lực
26/2004/QH11
Nghị quyết số 26/2004/QH11 Về việc ban hành Quy chế hoạt động của Uỷ ban Thường vụ Quốc hội
Còn hiệu lực
58/2005/QH11
Luật Sửa đổi, bổ sung một số điều của Luật Khiếu nại, tố cáo số 58/2005/QH11
Hết hiệu lực
187/2007/NĐ-CP
Nghị định số 187/2007/NĐ-CP Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Thông tin và Truyền thông
Hết hiệu lực
03/2010/TT-BTTTT
Circular No. 03/2010/TT-BTTTT stipulates on receiving citizens and handling complaints and denunciations of the Ministry of Information and Communications.
Expired
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