Circular No. 04/2010/TT-TTCP stipulates the Procedure for Handling Complaints, Accusations, Reports, and Proposals Related to Complaints and Accusations.

CIRCULAR

Regulations on the Procedure for Handling Complaints, Accusations, Reports, and Suggestions Related to Complaints and Accusations

Related to complaints and accusations

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Based on the Law on Complaints and Accusations 1998; the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Accusations 2004; the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Accusations 2005;

Based on Decree No. 136/2006/NĐ-CP dated November 14, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Complaints and Accusations and Laws amending and supplementing certain provisions of the Law on Complaints and Accusations;

Based on Decree No. 65/2008/NĐ-CP dated May 20, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;

The Government Inspectorate stipulates the Procedure for Handling Complaints, Accusations, Reports, and Suggestions Related to Complaints and Accusations as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the receipt, classification, proposal for acceptance and resolution of complaints, accusations, reports, and suggestions related to complaints and accusations (hereinafter referred to collectively as complaints) within the jurisdiction; guides complainants or transfers accusations, reports, and suggestions related to complaints and accusations to agencies, units, or persons with authority to resolve complaints not within the jurisdiction.

Article 2. Applicability

This Circular applies to administrative state agencies and persons with authority within administrative state agencies in handling complaints.

Article 3. Principles for Handling Complaints

The head of administrative state agencies shall be responsible for processing complaints received from various sources as prescribed in Clause 1, Article 4 of this Circular within ten days from the date of receipt of the complaint. The processing of complaints must comply with the provisions of the law, ensuring scientificity, objectivity, honesty, accuracy, and timeliness.

Chapter II

RECEIVING AND CLASSIFYING PETITIONS

Article 4. Receipt of Complaints

1. Petitions shall be received from the following sources:

a) Complaints directly sent to the agency, organization, or individual (through the head, deputy head of the agency or unit; through the reception department of the agency or unit; through the suggestion box of the agency or unit; through the Citizen Reception Office...);

b) Complaints transferred to by National Assembly deputies, People's Council deputies, Vietnam Fatherland Front and its members, press agencies, and other agencies;

c) Petitions sent through postal services.

2. Complaints received from the sources prescribed in Clause 1 of this Article must be recorded in a logbook or entered into a computer database 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 on archives.

Article 5. Classification of Complaints

To accurately process complaints in accordance with the law, eliminate complaints that do not meet the conditions for processing, while serving management, monitoring, reporting, summarizing, complaints received from the sources prescribed in Clause 1, Article 4 of this Circular shall be classified as follows:

1. Classification based on the content of the complaint

a) Petition for appeal;

b) Petition for complaint;

c) Reports and suggestions related to complaints and accusations;

d) Petition with multiple different contents.

2. Classification based on the conditions for processing

a) Complaints meeting the conditions for processing

Complaints meeting the conditions for processing are those that satisfy the following requirements:

- The complaint is written in Vietnamese and signed directly by the complainant, accuser, reporter, or suggester;

- A complaint must clearly state the date, month, year of the complaint; the name, address of the complainant; the name, address of the agency, organization, or individual being complained against; the content, reason for the complaint, and the request of the complainant. An accusation must clearly state the name, address of the accuser; the content of the accusation; the agency, organization, or individual being accused.

- A report or suggestion related to complaints and accusations must clearly state the name, address of the reporter or suggester; the content of the report or suggestion.

- The complaint has not been processed by the receiving agency according to the provisions of the law or has been processed according to the provisions of the law but the complainant, accuser, reporter, or suggester provides new evidence.

b) Complaints not meeting the conditions for processing

Complaints not meeting the conditions for processing are those that do not satisfy the requirements at Point a, Clause 2 of this Article; complaints sent to multiple agencies or individuals, including those sent to the correct agency or person with authority to resolve.

3. Classification based on the authority to resolve

a) Complaints within the authority to resolve;

b) Complaints outside the authority to resolve.

4. Classification based on the number of complainants, accusers, reporters, or suggesters.

a) Petitions signed by one person;

b) Complaints bearing the names, signatures of multiple people.

5. Classification based on accompanying documents and materials

a) Complaints accompanied by original documents or materials;

b) Complaints not accompanied by original documents and materials.

6. Classification based on the authority of agencies or organizations

a) Complaints within the authority to resolve of administrative state agencies;

b) Complaints within the authority to resolve of state power agencies;

c) Complaints within the authority to resolve of agencies conducting litigation activities and enforcement of judgments;

d) Complaints within the authority to resolve of political organizations, political-social organizations, occupational-political-social organizations, social organizations, occupational-social organizations, religious organizations.

Chapter III

HANDLING COMPLAINTS AND ACCUSATIONS

PART I. HANDLING PETITION COMPLAINTS

Article 6. Petition Complaints within Competence to Resolve

1. Petition complaints within competence to resolve and meeting the conditions for acceptance as prescribed in Article 2 of Decree No. 136/2006/NĐ-CP dated November 14, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Petitions and Complaints and Laws amending and supplementing certain provisions of the Law on Petitions and Complaints shall be proposed by the petition handler to the head of the competent authority for resolution in accordance with the law. The proposal for acceptance and resolution shall be carried out using Form No. 01 issued together with this Circular.

2. Petition complaints within competence to resolve but not meeting the conditions for acceptance as prescribed in Article 32 of the Law on Petitions and Complaints shall be proposed by the petition handler to the head of the competent authority to inform the petitioner clearly of the reasons for non-acceptance. The notification shall be carried out using Form No. 02 issued together with this Circular.

Article 7. Petition Complaints Not within Competence to Resolve

1. Petition complaints not within competence to resolve shall be reported by the petition handler to the head of the competent authority to guide the petitioner to submit the petition complaint to the competent agency or unit for resolution in accordance with the law, except in cases provided for in Article 8 of Decree No. 136/2006/NĐ-CP dated November 14, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Petitions and Complaints and Laws amending and supplementing certain provisions of the Law on Petitions and Complaints. Such guidance shall only be implemented once using Form No. 03 issued together with this Circular.

2. For petition complaints within the competence to resolve of a lower level but exceeding the time limit stipulated by the Law on Petitions and Complaints without having been resolved, the petition handler shall propose to the head of the competent authority to issue a document requesting the lower level to resolve the petition complaint case.

3. In cases where petition complaints are received and forwarded by National Assembly deputies, People's Council deputies, Vietnam Fatherland Front Committee members, other members of the Front, news agencies, or other agencies but are not within competence to resolve, the petition handler shall propose to the head of the competent authority to return the petition complaint along with any accompanying documents (if any) and notify in writing the reasons for non-acceptance to the agency, organization, or individual forwarding the petition complaint. The notification of non-acceptance shall be carried out using Form No. 04 issued together with this Circular.

Article 8. Petition Complaints with Names and Signatures of Multiple Persons

Where petition complaints bear the names, signatures of multiple persons, the petition handler shall propose to the head of the competent authority to return the petition complaint and all accompanying documents (if any) to the sender and guide the petitioners to write separate petition complaints individually and submit them to the competent agency, unit, or person for resolution in accordance with the law. The return of the petition complaint shall be carried out using Form No. 05 issued together with this Circular.

Article 9. Petition Complaints Accompanied by Original Documents

Where petition complaints accompanied by original documents are not accepted for resolution, the agency receiving the petition complaint must return the original documents to the petitioner after completing the handling of the petition complaint; if accepted for resolution, the return shall be carried out immediately after issuing the decision on resolving the petition complaint.

Article 10. Complaints against administrative decisions that have taken legal effect but show signs of violating the law

During the process of studying complaints against administrative decisions that have taken legal effect, if there is evidence indicating that the handling of the complaint case shows signs of violating the law, affecting the legitimate rights and interests of the complainant, the person being complained against, or other individuals, agencies, organizations involved, or the interests of the State, the staff handling the complaint must report to the Head of the agency for examination and decision.

Article 11. Complaints against administrative decisions with potential to cause irreparable consequences

During the process of studying complaints against administrative decisions, if it is found that the implementation of the complained decision will cause irreparable consequences, the staff handling the complaint must promptly report to the Head of the agency for examination and decision to temporarily suspend the implementation of the decision, or recommend the competent authority to decide on temporarily suspending the implementation of the decision.

PART II. HANDLING REPORTS OF COMPLAINTS

Article 12. Reports of complaints within jurisdiction

For reports of complaints within the jurisdiction to resolve, the staff handling the complaint proposes to the Head of the agency for examination and decision on accepting and resolving the complaint according to the provisions of the law. The proposal to accept the complaint is carried out using Form No. 01 issued together with this Circular.

Article 13. Reports of complaints not within jurisdiction

1. For reports of complaints not within the jurisdiction to resolve, the staff handling the complaint proposes to the Head of the agency to transfer the report and accompanying evidence, documents (if any) to the agency, unit, or person with the authority to resolve the matter according to the provisions of the law. The transfer of the complaint report is carried out using Form No. 06 issued together with this Circular.

2. For reports of complaints within the jurisdiction to resolve by the immediate subordinate level but beyond the time limit prescribed by the Law on Complaints and Reports, and not yet resolved, the staff handling the complaint reports to the Head of the agency to issue a document requesting the subordinate level to resolve the matter.

Article 14. Reports of complaints against Party members under Central management

Reports of complaints against Party members under Central management shall be implemented according to Decision No. 190-QĐ/TW dated September 29, 2008 of the Politburo.

Article 15. Reports of complaints about actions causing damage, currently causing damage, or threatening to cause serious damage to national interests, agencies, organizations, or individuals

For reports of complaints about actions causing damage, currently causing damage, or threatening to cause serious damage to national interests, agencies, organizations, or the lives and property of individuals, the staff handling the complaint must promptly report, advise, and propose to the Head of the agency to apply preventive measures according to the provisions of the law, or notify the competent agency or person to promptly prevent, limit, and mitigate the consequences.

Chapter IV

HANDLING OTHER TYPES OF COMPLAINTS

Article 16. Reports reflecting and proposing suggestions related to complaints and reports

1. For reports reflecting and proposing suggestions related to complaints and reports within the jurisdiction to resolve, the staff handling the complaint proposes to the Head of the agency to accept and resolve the matter according to the provisions of the law. The proposal to accept the report reflecting and proposing suggestions is carried out using Form No. 01 issued together with this Circular.

2. For reports reflecting and proposing suggestions related to complaints and reports not within the jurisdiction to resolve, the staff handling the complaint proposes to the Head of the agency to examine and decide on transferring the report along with accompanying documents (if any) to the agency, unit, or person with the authority to resolve the matter according to the provisions of the law. The transfer of the report reflecting and proposing suggestions is carried out using Form No. 07 issued together with this Circular.

Article 17. Petitions with Multiple Contents

For petitions containing multiple contents, the petition handler must separate each content within the petition for processing. The handling of complaints, accusations, reflections, and suggestions shall be carried out in accordance with the provisions of this Circular.

Article 18. Petitions Sent to the Citizen Reception Office

The handling of petitions sent to the Citizen Reception Office by agencies, organizations, or individuals to exercise their rights to complaints, accusations, reflections, and suggestions shall be conducted in accordance with the provisions of this Circular.

Article 19. Petitions Within the Jurisdiction of Judicial Agencies and Enforcement Agencies

For petitions within the jurisdiction of judicial agencies and enforcement agencies, the petition handler shall report to the Head of the agency to guide the petitioner or transfer the petition to the competent agency, unit, or individual for further processing in accordance with criminal procedure laws, civil procedure laws, administrative litigation procedures, enforcement laws, and other relevant laws in the field of procedure and enforcement.

Article 20. Petitions Within the Jurisdiction of State Power Agencies

For petitions within the jurisdiction of state power agencies, the petition handler shall report to the Head of the agency to guide the petitioner or transfer the petition to the competent agency, unit, or individual for resolution in accordance with the law.

Article 21. Petitions Within the Jurisdiction of Political Organizations, Social Political Organizations, Professional Social Political Organizations, Social Organizations, Professional Social Organizations, Religious Organizations

For petitions related to internal organizational activities of political organizations, social political organizations, professional social political organizations, social organizations, professional social organizations, or religious organizations, the petition handler shall report to the Head of the agency to guide the petitioner or transfer the petition to the competent organization for handling and consideration in accordance with the charter and regulations of that organization.

Chapter V

IMPLEMENTATION

Article 22. Effectiveness

1. This Circular takes effect from October 11, 2010.

2. During implementation, if there are any difficulties, the relevant agencies, organizations, or individuals are requested to reflect them to the Government Inspectorate for review and amendment./.