Circular No. 05/2013/TT-TTCP on the authority and contents of inspecting the responsibility for implementing laws on complaints

CIRCULAR

Regulations on the authority and content of inspecting the responsibility for implementing laws on complaints

Implementing laws on complaints

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

Based on the Law on Complaints No. 03/2011/QH12 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. 76/2012/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 Head of the Legal Department and the Director of the Anti-Corruption Department;

The General Inspector of the Government issues this Circular to regulate the authority and content of inspecting the responsibility for implementing laws on complaints.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular regulates the authority and content of inspecting the responsibility for implementing laws on complaints concerning 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 of the 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.

Article 2. Applicability

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

2. Heads of agencies, organizations, units, and individuals within state administrative agencies 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 agencies are responsible for organizing, directing, guiding, supervising, urging the inspection of the responsibility for implementing laws on complaints; resolving difficulties and obstacles, promptly addressing recommendations from inspection agencies and inspection teams; concluding inspections and directing, organizing 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 are responsible for reporting, explaining, providing complete and timely information and documents related to the content of the inspection; implementing requirements, conclusions, recommendations, and decisions on handling inspections by authorized persons.

2. Agencies, organizations, units, and individuals related to the inspection content are responsible for providing 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 the responsibility for implementing laws on complaints against ministries, ministerial-level agencies (collectively referred to as ministries), agencies under the Government, provincial People's Committees (collectively referred to 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 inspection process, for the objects specified in Clause 1 of this Article, the inspection team of the Government Inspectorate has the right to examine and evaluate the implementation of laws on complaints by agencies, organizations, units, and individuals under the management of ministries, agencies under the Government, provincial People's Committees, public service units, state-owned enterprises, and other agencies, organizations, and units established by the Prime Minister's decision; inspect the responsibility for implementing laws on complaints of cadres, civil servants, and employees of inspected agencies, organizations, and units.

Article 6. Authority of the Ministry Inspectorate

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

2. During the inspection process for the objects specified in Clause 1 of this Article, the inspection team of the Ministry Inspectors has the right to examine and evaluate the implementation of laws on complaints by agencies, organizations, units, and individuals under the management of units under 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 the responsibility for implementing laws on complaints of cadres, civil servants, and employees of inspected agencies, organizations, and units.

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

1. Provincial Inspectors (hereinafter collectively referred to as Provincial Inspectors) inspect the responsibility for implementing laws on complaints against specialized agencies under provincial People's Committees (hereinafter collectively referred to as departments), district People's Committees, urban districts, and towns under provinces (hereinafter collectively referred to 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 inspection process for the objects specified in Clause 1 of this Article, the inspection team of the Provincial Inspectors has the right to examine and evaluate 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 agencies, organizations, and units established by the Chairman of the provincial People's Committee's decision; inspect the responsibility for implementing laws on complaints of cadres, civil servants, and employees of inspected agencies, organizations, and units.

Article 8. Competence of Departmental Inspectorate

1. Department Inspectors inspect the responsibility for implementing laws on complaints against agencies, organizations, units, and individuals directly managed by departments.

2. During the inspection process for the objects specified in Clause 1 of this Article, the inspection team of the Department Inspectors has the right to examine and evaluate the implementation of laws on complaints by agencies, organizations, units, and individuals under the management of units under departments, directly under departments; inspect the responsibility for implementing laws on complaints of cadres, civil servants, and employees of inspected agencies, organizations, and units.

Article 9. Competence of the Inspectorate of Districts, Counties, Municipalities under Provinces, and Cities under Provinces

1. The Inspectorate of Districts, Counties, Municipalities under Provinces, and Cities under Provinces (hereinafter referred to collectively as the District Inspectorate) shall inspect the responsibility for implementing laws on complaints against specialized departments under the People's Committee at the district level, People's Committees at the commune, ward, and town levels (collectively referred to as the People's Committee at the commune level), public service units, and other units established by the Chairman of the People's Committee at the district level.

2. During the process of conducting inspections against the objects specified in Clause 1 of this Article, the inspection team of the District Inspectorate has the right to examine and evaluate 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 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 the inspected agencies, organizations, and units.

Chapter III

CONTENT OF RESPONSIBILITY INSPECTION

Section 1

CONTENT OF INSPECTING THE RESPONSIBILITY FOR IMPLEMENTING PROVISIONS

 OF LAWS ON RECEIVING CITIZENS, HANDLING COMPLAINTS, AND PROTECTING

COMPLAINANTS

Article 10. Inspection of the Implementation of Legal Provisions on Receiving Citizens

1. Organization of receiving citizens: location, material facilities, equipment serving the reception of citizens, internal regulations, rules, schedule for receiving citizens.

2. Regular, periodic, and sudden reception of citizens by citizen reception officers and heads of administrative state agencies.

3. Implementation of the procedure for receiving citizens.

Article 11. Inspection of the Implementation of Legal Provisions on Receiving and Handling Complaint Information

1. Reception, recording, classification of complaints.

2. Acceptance or non-acceptance for handling complaints within jurisdiction.

3. Number of cases within jurisdiction received; number of cases currently being handled; number of cases not yet accepted for handling.

4. Transfer of complaint letters and related documents (if any) to competent agencies, organizations, or individuals when the complaint does not fall within jurisdiction.

5. Notification of acceptance for handling complaint letters.

6. Application of necessary measures within authority or notification to responsible agencies to promptly prevent actions causing damage or threatening to cause damage to the interests of the State, collective, or citizens' lives and property during the reception and handling of complaint information.

Article 12. Inspection of the Implementation of Legal Provisions on Time Limits for Handling Complaints

1. Number of cases resolved within time limits.

2. Number of cases resolved late compared to prescribed time limits; causes and responsibilities of relevant agencies, organizations, or individuals.

3. Number of complex, pending, and prolonged cases; causes and responsibilities of relevant agencies, organizations, or individuals.

4. Number of cases within jurisdiction but not resolved; causes and responsibilities of relevant agencies, organizations, or individuals.

Article 13. Inspection of the Implementation of Legal Provisions on Determining Jurisdiction for Handling Complaints, Verifying Complaint Content, Concluding Complaint Content, and Handling Violations Alleged in Complaints

1. Determination of jurisdiction for handling complaints.

2. Verification of complaint content: basis for verification; content of verification; procedures for verification; time for verification.

3. Issuance of conclusions on complaint content and decisions on handling alleged violations: form, content, time for issuing conclusions on complaint content and decisions on handling alleged violations; sending conclusions on complaint content to the person complained against, complainant (if requested), State inspectorate agency, and immediate superior agency.

4. Resolution results: number of cases with conclusions on complaint content; number of correct complaints; number of partially correct complaints; number of incorrect complaints; number of citizens filing subsequent complaints.

5. Implementation of conclusions on complaint content and decisions on handling alleged violations.

Article 14. Inspection of the implementation of legal provisions on publicizing the conclusions of complaint content and decisions on handling reported violations

1. On the form of publicity: Announcing at a meeting where the person being complained against works; posting at the workplace or place of receiving citizens of the agency or organization that has resolved the complaint and issued a decision to handle the reported violation; announcing through mass media.

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

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

Article 15. Inspection of the implementation of legal provisions on handling complaints involving many people, complex cases, pending cases, and prolonged cases

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

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

Article 16. Inspection of the implementation of legal provisions on coordinating in handling cases where multiple people report the same content

1. Receiving and listening to representatives of complainants presenting the case content; explaining and guiding citizens to exercise their right to complain according to the law.

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

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

Article 17. Inspection of the implementation of legal provisions on protecting complainants and close relatives of complainants

1. Determination of the scope, subjects, duration, and forms of protection applied to complainants and close relatives of complainants.

2. Organization and results of implementing protective measures for complainants and close relatives of complainants.

3. Other related contents.

Section 2

CONTENT OF INSPECTION OF ADMINISTRATIVE RESPONSIBILITY

FOR COMPLAINT HANDLING AND VIOLATION HANDLING

LAWS ON COMPLAINTS

Article 18. Inspection of the implementation of legal provisions on issuing guiding documents for the enforcement of laws on complaints within the authority

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

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

Article 19. Inspection of the implementation of legal provisions on propaganda, dissemination, and education on laws on complaints

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

2. Implementation and training of legal provisions on complaints for cadres, civil servants, and officials under management.

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

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

Article 20. Inspection of the implementation of legal provisions on inspecting responsibility

1. Building and issuing plans for inspecting responsibility in implementing laws on complaints for agencies, organizations, units, and individuals under management.

2. Organization and implementation of plans for inspecting responsibility in implementing laws on complaints for agencies, organizations, units, and individuals under management.

3. Quality and effectiveness of activities inspecting responsibility in implementing laws on complaints for agencies, organizations, units, and individuals under management.

Article 21. Inspection of the implementation of legal regulations on information systems, reporting, management, and storage of case files for handling complaints

1. The implementation of regular and extraordinary 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 complaint cases.

Article 22. Inspection of the implementation of legal regulations on rewards and handling violations

1. Implementation of legal provisions to determine standards, subjects, forms, procedures for rewarding individuals with outstanding achievements in making complaints and resolving complaints.

2. Handling violations of legal regulations on complaints against the accused, complainants, and complaint handlers: Procedures, formalities, authority, forms, deadlines, and outcomes of handling.

Chapter IV

IMPLEMENTING PROVISIONS

Article 23. Effective Date of Enforcement

This Circular takes effect from September 15, 2013.

Article 24. Implementation Organization

Ministries, ministerial-level agencies, government-affiliated agencies, People's Committees at all levels, and related agencies shall be 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 reflect these to the Government Inspectorate for guidance or amendments and supplements.