Circular No. 04/2013/TT-TTCP on the authority, content of inspection for responsibility in implementing laws on complaints

CIRCULAR

Regulations on the authority and content of inspections to enforce responsibility for implementing laws on complaints

Implementation of laws on complaints

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BASED ON THE INSPECTION LAW NO. 56/2010/QH12 OF NOVEMBER 15, 2010;

Pursuant to the Complaint Law No. 02/2011/QH13 dated November 11, 2011;

Pursuant to Decree No. 86/2011/NĐ-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law;

Pursuant to Decree No. 75/2012/NĐ-CP dated October 3, 2012, of the Government detailing certain provisions of the Law on Complaints;

Based on 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;

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

The Government Inspectorate issues Circulars stipulating the authority and content of inspections to enforce responsibility for implementing laws on complaints,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular specifies the authority and content of inspections to enforce responsibility for implementing laws on complaints for agencies, organizations, units, individuals, and heads of agencies, organizations, and units under the administrative management of state administrative bodies at all levels.

2. The procedures and formalities for conducting inspections to enforce responsibility for implementing laws on complaints shall be carried out in accordance with the provisions of the Inspection Law and Section 1, Chapter III of Decree No. 86/2011/NĐ-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain articles of the Inspection Law and other regulations on inspection under the law.

Article 2. Applicability

1. Heads of state administrative bodies, heads of state inspection bodies, leaders of inspection teams, and members of inspection teams when inspecting responsibility for implementing laws on complaints.

2. Heads of agencies, organizations, units, and individuals within state administrative bodies have the responsibility to implement laws on complaints.

3. Heads of agencies, organizations, units, and other related individuals.

Article 3. Responsibilities of Heads of Administrative State Agencies

Within their scope of duties and powers, heads of state administrative bodies are responsible for organizing, directing, guiding, supervising, urging the inspection of responsibility for implementing laws on complaints; resolving difficulties and obstacles, promptly handling recommendations from inspection bodies and inspection teams; concluding inspections and directing the implementation of inspection conclusions in accordance with the law.

Article 4. Responsibilities of Inspected Entities and Related Agencies, Organizations, Units, and Individuals

1. Agencies, organizations, units, and individuals subject to inspection have the responsibility to report, explain, provide complete and timely information and documents related to the content of the inspection; implement requests, conclusions, recommendations, and decisions on handling the inspection made by authorized persons.

2. Agencies, organizations, units, and individuals related to the content of the inspection have the responsibility to provide complete and timely information and documents according to the requirements of the authorized person conducting the inspection.

Chapter II

INSPECTION AUTHORITY FOR RESPONSIBILITY

Article 5. Authority of the Government Inspectorate

1. The Government Inspectorate inspects responsibility for implementing laws on complaints against ministries, ministerial-level agencies (hereinafter referred to collectively as ministries), government agencies, provincial People's Committees, municipal People's Committees directly under the central government (hereinafter referred to collectively as provincial People's Committees); public service units, state-owned enterprises, and other agencies, organizations, and units established by the Prime Minister's decision.

2. During the process of conducting inspections against the objects specified in Clause 1 of this Article, the inspection team of the Government Inspectorate has the right to review and assess the implementation of laws on complaints by agencies, organizations, units, and individuals under the management of ministries, government agencies, provincial People's Committees, public service units, state-owned enterprises, and other units established by the Prime Minister's decision; inspect responsibility for implementing laws on complaints against cadres, civil servants, and public officials belonging to the inspected agencies, organizations, and units.

Article 6. Authority of the Ministry Inspectorate

1. Ministry Inspectors (hereinafter referred to collectively as Ministry Inspectors) inspect responsibility for implementing laws on complaints against agencies, organizations, units, and individuals under the direct management of ministries, public service units, state-owned enterprises, and other units established by the Minister or the head of a ministerial-level agency's decision.

2. During the process of conducting inspections against the objects specified in Clause 1 of this Article, the inspection team of the Ministry Inspectors has the right to review and assess the implementation of laws on complaints by agencies, organizations, units, and individuals under the management of units subordinate to ministries, directly under ministries, public service units, state-owned enterprises, and other units established by the Minister or the head of a ministerial-level agency's decision; inspect responsibility for implementing laws on complaints against cadres, civil servants, and public officials belonging to the inspected agencies, organizations, and units.

Article 7. Competence of Provincial Inspectorate and Inspectorate under Central City

1. Provincial Inspectorates (hereinafter referred to collectively as Provincial Inspectorates) inspect responsibility for implementing laws on complaints against specialized agencies under provincial People's Committees (hereinafter referred to collectively as departments); district, county, town, city People's Committees under provinces (hereinafter referred to collectively as district People's Committees); public service units, state-owned enterprises, and other agencies, organizations, and units established by the Chairman of the provincial People's Committee's decision.

2. During the process of conducting inspections against the objects specified in Clause 1 of this Article, the inspection team of the Provincial Inspectorate has the right to review and assess the implementation of laws on complaints by agencies, organizations, units, and individuals under the management of departments, district People's Committees, public service units, state-owned enterprises, and other units established by the Chairman of the provincial People's Committee's decision; inspect responsibility for implementing laws on complaints against cadres, civil servants, and public officials belonging to the inspected agencies, organizations, and units.

Article 8. Competence of Departmental Inspectorate

1. Department Inspectors inspect responsibility for implementing laws on complaints against agencies, organizations, units, and individuals under the direct management of departments.

2. During the process of conducting inspections against the objects specified in Clause 1 of this Article, the inspection team of the Department Inspectors has the right to review and assess the implementation of laws on complaints by agencies, organizations, units, and individuals under the management of units subordinate to departments, directly under departments; inspect responsibility for implementing laws on complaints against cadres, civil servants, and public officials belonging to the inspected agencies, organizations, and units.

Article 9. Competence of District Inspectorate

1. District Inspectorates (hereinafter referred to collectively as District Inspectorates) inspect responsibility for implementing laws on complaints against specialized offices under district People's Committees, village, ward, town People's Committees (hereinafter referred to collectively as village People's Committees), public service units, and other units established by the Chairman of the district People's Committee's decision.

2. During the process of inspecting the subjects specified in Clause 1 of this Article, the Inspection Team of the District Inspectorate has the right to examine and assess the implementation of laws on complaints by agencies, organizations, units, and individuals under the management of specialized departments under the People's Committee at the district level, People's Committees at the commune level, public service units, and other units established by the decision of the Chairman of the People's Committee at the district level; inspect the responsibility for implementing laws on complaints by officials, civil servants, and employees of inspected agencies, organizations, and units.

Chapter III

CONTENT OF RESPONSIBILITY INSPECTION

Section 1

CONTENT OF INSPECTION ON THE IMPLEMENTATION OF LEGAL PROVISIONS

REGARDING RECEIVING CITIZENS

Article 10. Inspect the implementation of legal provisions regarding Citizen Reception Offices, Citizen Reception Locations, and Citizen Reception Organizations

1. The arrangement of Citizen Reception Offices and Locations for complaints, denunciations, suggestions, and reflections according to the law:

a) Location, material facilities, equipment, and necessary conditions for receiving citizens;

b) The issuance of internal regulations, rules, and schedules for citizen reception;

c) The posting of main legal provisions on complaints, rights, and obligations of complainants, denouncers, suggesters, and reflectors; internal regulations, rules, and schedules for citizen reception;

d) The performance of responsibilities by citizen reception officers and persons in charge of Citizen Reception Offices and Locations.

2. The arrangement of citizen reception officers: number, standards, and training allowances for citizen reception officers.

3. The regular, periodic, and emergency citizen reception activities of citizen reception officers and heads of administrative state agencies; coordination among agencies and organizations in citizen reception.

4. The implementation of the citizen reception process.

5. Measures to ensure security, order, and safety at Citizen Reception Offices and Locations; coordination with agencies and organizations in maintaining order and safety at citizen reception locations.

Article 11. Inspect the implementation of legal provisions on citizen reception by heads of agencies and organizations

1. The implementation of provisions on regularly and directly receiving citizens when required by the head of the agency or organization: reception time, number of people received; number of people and cases directly received by the head; number of people and cases delegated by the head to others to receive.

2. Preparation by the agency or organization to serve the citizen reception activities of the head of the agency or organization.

3. Implementation of the citizen reception process by the head of the agency or organization.

4. Effectiveness of citizen reception by the head of the agency or organization.

Article 12. Inspect the implementation of legal provisions on monitoring and summarizing the situation of complaints, suggestions, and reflections at Citizen Reception Offices and Locations

1. Summarizing the situation of citizens coming to complain, suggest, and reflect; security and order situations at Citizen Reception Offices and Locations.

2. Receiving, classifying, and handling complaints at Citizen Reception Offices and Locations.

Section 2

CONTENT OF INSPECTION ON THE IMPLEMENTATION OF LEGAL PROVISIONS

REGARDING SETTLING COMPLAINTS

Article 13. Inspection of the implementation of legal provisions on the acceptance and resolution of complaints

1. The acceptance, recording, and classification of complaints.

2. The acceptance or non-acceptance for resolution of complaints within the jurisdiction.

3. The number of cases within the jurisdiction that have been accepted; the number of cases currently being processed for resolution; the number of cases not yet accepted for resolution.

4. The response and guidance provided to the complainant for cases outside the jurisdiction for resolution.

5. The notification of the acceptance for resolution of complaints.

Article 14. Inspection of the implementation of legal provisions on the time limit for resolving complaints

1. The number of cases resolved within the prescribed time limit.

2. The number of cases resolved late compared to the prescribed time limit; causes and responsibilities of the agencies, organizations, and individuals involved.

3. The number of complex, pending, and prolonged cases; causes and responsibilities of the agencies, organizations, and individuals involved.

4. The number of cases within the jurisdiction but not resolved; causes and responsibilities of the agencies, organizations, and individuals involved.

Article 15. Inspection of the implementation of legal provisions on organizing dialogues

1. The number of cases organized for dialogue, the number of cases not organized for dialogue; the number of cases where the complaint resolver directly participates in dialogue, the number of cases where the complaint resolver delegates dialogue.

2. The timing, number of times dialogue was organized; content, participants, duration, location of the dialogue organization; the establishment of a dialogue record, results of the dialogue.

Article 16. Inspection of the implementation of legal provisions on the application of urgent measures and the suspension of complaint resolution

1. Application of urgent measures: the number of cases applying urgent measures, grounds for application, procedures for application, results of applying urgent measures.

2. Suspension of complaint resolution when the complainant withdraws the complaint: the number of suspended resolutions, procedures for suspension, effectiveness of suspending complaint resolution.

Article 17. Inspection of the implementation of legal provisions on determining the authority to resolve complaints, verifying the content of complaints, and deciding on complaint resolution

1. Determination of the authority to resolve complaints.

2. Verification of the content of complaints: grounds for conducting verification, content of verification, procedures for conducting verification, time taken for verification.

3. Issuing decisions on complaint resolution: form, content, time of issuance, sending the decision on complaint resolution; the correctness of the decision on complaint resolution and the feasibility of measures to resolve specific issues in the complaint content.

4. The number of valid complaints, the number of partially valid complaints; the number of invalid complaints; the number of ongoing complaints.

Article 18. Inspection of the implementation of legal provisions on publicizing decisions on complaint resolution

1. Regarding the form of publicity: Announcing at meetings; posting at the workplace or place of receiving citizens of the agency or organization that has resolved the complaint and issued the decision on complaint resolution; announcing through mass media.

2. Regarding the content of publicity and the subjects to be publicized.

3. Regarding the time of publicity and the number of announcements through mass media.

Article 19. Inspection of the implementation of legal provisions on enforcing decisions to resolve complaints that have legal effect

1. The performance of the responsibility of the complaint resolver in organizing the implementation; in directing, monitoring, urging, and inspecting the enforcement of decisions to resolve complaints that have legal effect.

2. The performance of the responsibility of the person complained against in enforcing decisions to resolve complaints that have legal effect.

3. The organization of measures to ensure the enforcement of decisions to resolve complaints that have legal effect.

Article 20. Inspection of the implementation of legal provisions on handling collective complaints, complex, pending, and protracted cases

1. The number of cases, case contents; the number of resolved cases, unresolved cases; causes, consequences, and responsibilities of relevant agencies, organizations, and individuals.

2. In necessary cases, the inspection team conducts inspections and reviews some typical cases to conclude and recommend solutions to competent agencies, organizations, and individuals.

Article 21. Inspection of the implementation of legal provisions on coordinating the handling of multiple people complaining about the same content

1. Receiving and listening to representatives of complainants presenting case contents; explaining and guiding citizens, agencies, and organizations to file complaints according to legal provisions.

2. Requesting relevant agencies, organizations, and units to coordinate in receiving multiple people complaining about the same content.

3. Coordination among relevant agencies, organizations, and units in handling cases where multiple people are complaining about the same content.

Section 3

CONTENT OF INSPECTION OF STATE MANAGEMENT RESPONSIBILITY

FOR COMPLAINT RESOLUTION AND VIOLATION HANDLING

 LEGAL PROVISIONS ON COMPLAINTS

Article 22. Inspection of the implementation of legal provisions on issuing guiding documents for the enforcement of laws on complaints within their authority

1. Issuance, quantity of issued documents; legality, rationality, feasibility, and timeliness of guiding documents for the enforcement of laws on complaints.

2. Organization and results of implementing guiding documents for the enforcement of laws on complaints.

Article 23. Inspection of the implementation of legal provisions on propaganda, dissemination, and legal education on complaints

1. Building programs and plans; contents and forms of propaganda, dissemination, and legal education on complaints.

2. Ensuring and training staff on legal provisions on complaints within their management scope.

3. Propaganda and dissemination of legal provisions on complaints to citizens and organizations.

4. Quality and effectiveness of propaganda, dissemination, and legal education on complaints.

Article 24. Inspection of the implementation of legal provisions on responsibility inspection

1. Building and issuing plans for responsibility inspection of the implementation of laws on complaints for agencies, organizations, units, and individuals under their management.

2. Organizing the implementation of plans for responsibility inspection of the implementation of laws on complaints for agencies, organizations, units, and individuals under their management.

3. Quality and effectiveness of responsibility inspection activities for the implementation of laws on complaints for agencies, organizations, units, and individuals under their management.

Article 25. Inspection of the implementation of legal provisions on information systems, reporting, management, and storage of case files for handling complaints.

1. The implementation of regular and ad hoc reporting systems regarding complaint resolution work: Forms, contents, quality, quantity, timeframes for reporting, and other relevant matters.

2. Management, exploitation, utilization, and storage of case files for handling complaints.

Article 26. Inspection of the implementation of legal provisions on the handling of violations.

1. Handling of violation acts, legal provisions on complaints against complainants, complaint handlers, and other related parties: Procedures, formalities, authority, forms, and deadlines for handling individuals who violate legal provisions on complaints.

2. Effectiveness of handling individuals who violate legal provisions on complaints.

Article 27. Inspection of the implementation of legal provisions on resolving disputes over jurisdiction in handling complaints.

1. Number of cases involving disputes over jurisdiction in handling complaints.

2. Results of resolving disputes over jurisdiction in handling complaints.

Chapter IV

IMPLEMENTING PROVISIONS

Article 28. Effective Date

This Circular takes effect from September 15, 2013.

Article 29. Implementation Organization

Ministries, ministerial-level agencies, government-affiliated agencies, People's Committees at all levels, and related agencies are responsible for organizing the implementation of this Circular.

During the implementation process, if there are difficulties, obstacles, or new issues arising, relevant agencies, organizations, units, and individuals shall promptly report to the Government Inspectorate for guidance or amendments and supplements./.