Circular No. 05/2021/TT-TTCP on the procedures for handling complaints, reports, proposals, and reflections

CIRCULAR

REGULATIONS ON PROCEDURES FOR HANDLING PETITIONS, COMPLAINTS, PROPOSALS, AND REFLECTIONS

 PETITIONS, COMPLAINTS, PROPOSALS, AND REFLECTIONS

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Pursuant to the Law on Petition dated November 11, 2011;

Pursuant to the Law on Receiving Citizens dated November 25, 2013;

Pursuant to the Law on Complaints dated June 12, 2018;

BASED ON DECREE NO. 64/2014/ND-CP DATED JUNE 26, 2014 OF THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE CITIZEN GREETING LAW;

Pursuant to Decree No. 31/2019/NĐ-CP dated April 10, 2019 of the Government detailing certain provisions and measures for implementing the Law on Complaints; complaint;

BASED ON DECREE NO. 124/2020/ND-CP DATED OCTOBER 19, 2020 OF THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE PETITION LAW;

Pursuant to Decree No. 50/2018/NĐ-CP dated April 9, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;

At the proposal of the Head of the Central Reception Office for Citizens and the Director of the Legal Department;

The General Inspector issues this Circular regulating procedures for handling petitions, complaints, proposals, and reflections.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the receipt, classification, and handling of petitions, complaints, proposals, and reflections (hereinafter referred to collectively as "petitions").

Reflections and proposals from individuals and organizations regarding administrative regulations shall be received and handled according to the provisions of Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on receiving and handling reflections and proposals from individuals and organizations regarding administrative regulations, which are not within the scope of adjustment of this Circular.

Article 2. Applicability

This Circular applies to administrative state agencies, public service units, state-owned enterprises (hereinafter referred to collectively as "agencies, organizations, units") and persons with authority within agencies, organizations, units in handling petitions, and related agencies, organizations, and individuals.

Article 3. Principles for Handling Complaints

1. Handling of petitions must ensure compliance with the law; promptness and timeliness; clarity and consistency, and create convenient conditions for citizens in carrying out procedures for complaints, reports, proposals, and reflections.

2. Petitions must be sent or transferred to the competent agency, organization, unit, or individual for resolution.

Article 4. Definitions

In this Circular, the following terms shall be understood as follows:

1. A petition is a document containing content presented in a form prescribed by law, submitted to an agency, organization, unit, or person with authority for complaint or report or proposal or reflection.

2. Handling of petitions involves the agency, organization, unit, or person with authority classifying the petition based on the content of the case presented in the petition to accept and resolve the petition within their jurisdiction, provide guidance, or transfer the petition to the competent agency, organization, unit, or person for resolution in accordance with the law.

Chapter II

RECEIPT, CLASSIFICATION, AND HANDLING OF PETITIONS

Article 5. Receipt of Petitions

Petitions are received for classification and processing from the following sources:

1. Petitions are sent through postal services;

2. Petitions are delivered to the Citizen Reception Office, Citizen Reception Board, citizen reception location, petition reception department, or suggestion box of the agency, organization, or unit;

3. Petitions are forwarded by National Assembly Deputies, National Assembly Delegations, National Assembly bodies, Standing Committee of the National Assembly, People's Council Deputies, People's Council committees, Vietnam Fatherland Front and its member organizations, news agencies, and other agencies, organizations, or units in accordance with the law;

4. Petitions are forwarded by Party and State leaders and Party body leaders.

Article 6. Classification of Petitions

1. The classification of petitions is based on the content presented in the petition, the purpose, and the requirements of the petitioner, regardless of the title of the petition.

Petitions are classified as follows:

a) Petition for appeal;

b) Petition for complaint;

c) Petition for proposal or reflection;

d) Petition with multiple different contents.

2. Classification based on conditions for handling includes petitions meeting conditions for handling and petitions not meeting conditions for handling.

a) Petitions meeting conditions for handling include those that satisfy the following requirements:

- The petition is written in Vietnamese. In cases where the petition is written in a foreign language, it must be accompanied by a certified translation; The petition clearly states the date of writing, name, address of the petitioner, and signature or fingerprint of the petitioner;

- An appeal petition clearly states the name and address of the entity being appealed against; the content and reasons for the appeal, relevant documents concerning the appeal content, and the petitioner's request;

- A complaint petition clearly states the name and address of the person being complained against; the illegal act being reported; contact information for the complainant and other related information;

- A proposal or reflection petition clearly states the content of the proposal or reflection;

- A petition without the name and address of the sender but clearly reporting an illegal act and identifying the person committing the illegal act, providing specific evidence of the illegal act, and having grounds for verification and investigation as stipulated in Clause 2, Article 25 of the Law on Complaints.

b) Petitions not meeting conditions for handling include:

- Petitions that do not meet the requirements set forth in point a, Clause 2 of this Article;

- Petitions sent to multiple agencies, organizations, units, or individuals, including the competent agency, organization, unit, or person for resolution;

- Petitions that have been guided according to Clause 1, Article 8 of this Circular;

- Petitions containing content opposing Party policies, State laws, policies, and regulations; petitions containing content dividing national solidarity, religion; petitions containing vulgar language, defaming, or insulting the reputation and prestige of individuals, agencies, organizations, or units;

- Torn petitions, erased handwriting, unclear, unreadable petitions.

3. Classification based on whether the petition falls within the jurisdiction of the head of the agency, organization, or unit.

4. Classification based on the number of people appealing, complaining, proposing, or reflecting.

a) Petitions signed by one person;

b) Petitions signed by two or more people.

5. Classification based on the authority to resolve.

a) Petitions within the jurisdiction of administrative state agencies, including: the Government, Prime Minister, ministries, ministerial-level agencies, government agencies, People's Committees at all levels, and subordinate agencies of People's Committees at all levels or other administrative agencies.

b) Petitions within the jurisdiction of the National Assembly, Standing Committee of the National Assembly, Ethnic Council, National Assembly committees, and other National Assembly bodies, bodies under the Standing Committee of the National Assembly, People's Councils at all levels, and bodies of People's Councils at all levels;

c) Petitions within the jurisdiction of judicial and enforcement agencies;

d) Petitions within the jurisdiction of the State Audit Agency;

đ) Petitions within the jurisdiction of political organizations, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations, religious organizations;

e) Petitions within the jurisdiction of public service units and state-owned enterprises;

g) Petitions within the jurisdiction of other agencies, organizations, or units.

Chapter III

HANDLING PETITIONS

Section 1

HANDLING APPEAL PETITIONS

Article 7. Handling complaints within the jurisdiction for resolution

1. Complaints within the jurisdiction for resolution and not falling under any of the cases not to be accepted for resolution as prescribed in Article 11 of the Law on Complaints shall be proposed by the complaint handler to the head of the agency, organization, or unit to accept and resolve according to the provisions of the law. The proposal for acceptance and resolution shall be carried out using Model No. 01 issued together with this Circular.

2. Complaints within the jurisdiction for resolution but lacking the necessary conditions for acceptance and resolution shall be guided by the complaint handler to supplement information and documents to carry out the complaint according to the provisions of the law. The guidance shall be carried out using Model No. 02 issued together with this Circular.

3. Complaints within the jurisdiction of a lower level but exceeding the time limit for resolution as stipulated in the Law on Complaints without having been resolved shall be reported by the complaint handler to the head of the agency, organization, or unit to consider and decide according to the provisions of the law.

Article 8. Handling complaints not within the jurisdiction for resolution

1. Complaints not within the jurisdiction for resolution of the head of the agency, organization, or unit shall be guided by the complaint handler to submit the complaint to the agency, organization, unit, or person with the authority to resolve it. The guidance shall only be implemented once using Model No. 02 issued together with this Circular.

2. Complaints submitted to Party leaders, State leaders, National Assembly Ethnic Council, various Committees and other agencies of the National Assembly, agencies under the Standing Committee of the National Assembly, National Assembly Deputies, Delegations of National Assembly Deputies, Members of the Government, Chief Justice of the Supreme People's Court, Prosecutor General of the Supreme People's Procuracy, State Auditor General, Office

3. Complaints transferred to the Central Reception and Resolution Office, agencies of the People's Council, People's Council Deputies, political-social organizations, political-social-professional organizations at provincial and district levels shall be reported by the Central Reception and Resolution Office to the Chairman of the People's Committee at the same level to seek instructions on handling.

4. For mass complaints, complex, long-standing cases that have already had decisions made but the complainants have submitted complaints to the Government Inspectorate or the Central Reception and Resolution Office, the Head of the Central Reception and Resolution Office shall report to the Chief Inspector of the Government to assign relevant departments, units to inspect, report, propose responses to citizens or discuss with the Chairman of the Provincial People's Committee regarding the handling approach.

Article 9. Handling complaints against decisions resolving complaints that have taken legal effect

1. Complaints against decisions resolving complaints that have taken legal effect as prescribed in Article 44 of the Law on Complaints shall not be accepted or transferred by the complaint handler, who instead guides the complainant to initiate administrative litigation at the competent People's Court according to the Administrative Procedure Law, except in the case provided for in Clause 2 of this Article.

2. Complaints against decisions resolving complaints that have taken legal effect but upon review and examination, it is found that the resolution of the complaint violated the law, causing damage to the interests of the State, the legitimate rights and interests of citizens, agencies, and organizations as prescribed in Article 38 of Decree No. 124/2020/NĐ-CP dated October 19, 2020 of the Government detailing certain provisions and implementing measures of the Law on Complaints, the complaint handler must report to the head of the agency, organization, or unit to consider and decide according to the provisions of the law.

Article 10. Handling complaints with multiple signatories not within the jurisdiction

Where a complaint is not within the jurisdiction of the agency, organization, or unit but has signatures of multiple individuals, the person handling the complaint shall guide one complainant with a clear address to submit the complaint to the competent agency, organization, unit, or individual for resolution. The guidance shall be carried out according to Model No. 02 issued together with this Circular.

Article 11. Handling original documents and materials attached to complaints

Where a complaint is accompanied by original documents and materials, the person handling the complaint shall return those documents and materials to the sender.

Article 12. Handling complaints against administrative decisions that may cause difficult-to-rectify consequences

In cases where there is evidence indicating that the implementation of an administrative decision will cause difficult-to-rectify consequences, the person handling the complaint must promptly report to the head of the agency, organization, or unit to consider and decide on temporarily suspending the implementation of the administrative decision or to propose to the competent authority to temporarily suspend the implementation of the administrative decision.

After receiving the report or proposal, the competent authority shall be responsible for considering and deciding on the temporary suspension, bear responsibility for their decision, and notify the agency, organization, or unit that made the proposal about the result of the handling.

Section 2

HANDLING COMPLAINTS

Article 13. Handling complaints within the jurisdiction for resolution

Where a complaint falls within the jurisdiction of the agency, organization, or unit and meets the conditions for acceptance as stipulated in Clause 1 of Article 29 of the Law on Complaints, the person handling the complaint shall report to the head to accept and resolve the complaint in accordance with the regulations. The proposal for acceptance and resolution shall be carried out according to Model No. 01 issued together with this Circular.

Article 14. Handling complaints not within the jurisdiction for resolution

1. Where a complaint does not fall within the jurisdiction of the agency, organization, or unit, the person handling the complaint shall propose to the head to transfer the complaint and accompanying information and materials (if any) to the competent agency, organization, or unit for resolution in accordance with the law. The transfer of the complaint shall be carried out according to Model No. 03 issued together with this Circular. The transfer to the competent agency shall only be carried out once for complaints with the same content.

2. Where a complaint falls within the jurisdiction of a subordinate agency, organization, or unit but has not been resolved within the time limit prescribed by the Law on Complaints, the person handling the complaint shall propose that the head of the agency, organization, or unit issue a document requesting the head of the subordinate agency, organization, or unit to report on the process of resolving the complaint, reasons for delay, determination of responsibility for resolving the complaint, and must report the results of the resolution.

Article 15. Handling complaints against Party members

Where a complaint concerns a violation of the Party Charter, policies, resolutions, directives, regulations, rules, and conclusions of the Party by a Party member, it shall be transferred to the competent authority for handling in accordance with the provisions of the Party.

Article 16. Handling complaints about acts violating the law causing damage or threatening to cause serious damage to the interests of the State, rights, and legitimate interests of individuals, agencies, and organizations

Where a complaint concerns an act violating the law causing damage or threatening to cause serious damage to the interests of the State, rights, and legitimate interests of individuals, agencies, and organizations, the person handling the complaint must promptly report, advise, and propose that the head of the agency, organization, or unit apply necessary measures within their authority or inform the competent agency, organization, or unit to promptly apply preventive measures in accordance with the law.

Article 17. Handling complaints about violations of authority, procedure, and process in handling appeals

1. If the complaint alleges that the person handling the appeal has violated authority, procedure, or process in handling the appeal, the complaint shall not be accepted for handling in accordance with the Law on Complaints. In this case, the person handling the complaint shall guide the complainant to continue the appeal or initiate an administrative lawsuit at the competent court in accordance with the law.

2. For complaints where the complainant provides information, documents, and evidence to establish that the person handling the appeal has committed one of the prohibited acts stipulated in Clauses 1, 2, and 4 of Article 6 of the Law on Appeals, the complaint shall be handled in accordance with the provisions of the Law on Complaints.

Article 18. Handling information containing complaints

Upon receiving information containing complaints as specified in Clause 2 of Article 25 of the Law on Complaints, the person handling the complaint shall report to the competent authority to consider and decide on inspection, examination, or transferring the matter to the competent agency, organization, or individual to decide on inspection, examination for management purposes.

Article 19. Confidentiality of information and protection of the complainant

During the handling of complaints, agencies, organizations, units, and individuals have the responsibility to keep confidential the information of the complainant and the content of the complaint in accordance with the law.

If the complainant requests protection, the person handling the complaint shall report to the head for consideration and resolution in accordance with the law.

Section 3

HANDLING OTHER TYPES OF COMPLAINTS

Article 20. Handling petitions and reflections

1. Petitions and reflections concerning matters within the management responsibility of their own agency, organization, or unit, the person handling the complaint shall report and propose the head to resolve and respond in accordance with the law.

2. For petitions and reflections whose content does not fall within the management responsibility of their own agency, organization, or unit, the person handling the complaint shall report and propose the head to decide on transferring the petition or reflection to the competent agency, organization, or unit for resolution and notify the sender of the complaint. The transfer of petitions and reflections shall be carried out according to Form No. 04 issued together with this Circular.

Article 21. Handling complaints with multiple contents

For complaints containing both appeal, complaint, petition, and reflection content, the person handling the complaint shall guide the sender to separate each content and send it to the competent agency, organization, unit, or individual for resolution. The guidance shall be carried out according to Form No. 05 issued together with this Circular.

Article 22. Handling complaints within the jurisdiction of investigative agencies and enforcement agencies

For complaints within the jurisdiction of investigative agencies and enforcement agencies, the person handling the complaint shall guide the submission of the complaint or report and propose the head to decide on transferring the complaint to the competent agency for resolution in accordance with the law.

Article 23. Handling complaints within the jurisdiction of the National Assembly and People's Councils at all levels

For complaints within the jurisdiction of the National Assembly and People's Councils at all levels, the person handling the complaint shall guide the submission of the complaint or report to the head of the agency, organization, or unit to decide on transferring the complaint to the competent agency for resolution in accordance with the law.

Article 24. Handling Petitions within the Jurisdiction of Other State Agencies

For petitions within the jurisdiction of the Office of the President, the State Audit Agency, and other state agencies, the person handling the petition shall guide the petitioner to submit the petition or report to the head of the agency, organization, or unit to decide on transferring the petition to the competent authority for resolution in accordance with the law.

Article 25. Handling Petitions within the Responsibility of Political Organizations, Social Organizations, Professional and Social Organizations, Social Organizations, and Religious Organizations

For petitions related to the activities of political organizations, social organizations, professional and social organizations, social organizations, and religious organizations, the person handling the petition shall guide the submission of the petition or report to the head of the agency, organization, or unit to decide on transferring the petition to the responsible organization for resolution in accordance with the law and the organization's Charter and Operating Regulations.

Article 26. Handling Petitions within the Jurisdiction of Public Service Units, State-Owned Enterprises, and Other Units and Organizations

For petitions related to the activities of public service units, state-owned enterprises, and other units and organizations, the person handling the petition shall guide the submission of the petition or transfer it to the relevant unit or enterprise for resolution in accordance with the law.

Article 27. Handling Complaints, Accusations, Proposals, and Reports Regarding Complex Matters

For complaints, accusations, proposals, and reports regarding complex, long-standing matters involving many people, or matters related to ethnic policies, religion, political security, and social order, the person handling the petition must report to the head of the agency, organization, or unit to promptly apply measures for resolution within their authority or request other competent authorities to apply measures for resolution in accordance with the law.

Chapter IV

MANAGEMENT, MONITORING, INSPECTION, AND URGENCY IN PETITION RESOLUTION

COMPLAINTS, ACCUSATIONS, PROPOSALS, AND REPORTS

Article 28. Archiving Petitions

1. Archiving is carried out for the following types of petitions:

a) Petitions that do not meet the conditions for handling as specified in point b, Clause 2, Article 6 of this Circular;

b) Complaints with a decision on complaint resolution that has taken legal effect but does not fall under the cases stipulated in Article 38 of Decree No. 124/2020/NĐ-CP dated October 19, 2020 of the Government detailing certain provisions and implementing measures of the Law on Complaints; accusations with a conclusion on the accusation content and an accusation resolution decision that has taken legal effect, but the accuser cannot provide new information, documents, or evidence.

2. The archiving period specified in Clause 1 of this Article is one year. After this period, the head of the agency, organization, or unit shall examine and decide on the destruction of the petition in accordance with the law.

Article 29. Management and Monitoring of Petitions

1. Agencies, organizations, and units receiving and transferring petitions have the responsibility to record in a book or enter information into the National Database on Citizen Reception, Complaint Resolution, Proposal, and Report Handling System or petition processing software for retrieval, management, and monitoring. The storage, recording, or backup of data on computers, and information retrieval shall be carried out in accordance with the law on archives, the law on protecting state secrets, and the List of State Secrets in the field of inspection, complaint resolution, and anti-corruption.

2. Agencies, organizations, and units receiving petitions have the responsibility to respond to agencies, organizations, units, or authorized persons who transferred the petition in accordance with the law and this Circular.

Article 30. Responsibilities for inspecting and urging the handling of complaints, reports, suggestions, and reflections by the Citizen Reception Board

1. The central Citizen Reception Board assists the General Inspector of the Government in monitoring the receipt and processing of petitions sent to and transferred to the Government Inspectorate; it takes the lead in coordinating with departments and bureaus responsible for local areas and sectors, and other agencies and organizations participating in citizen reception at the Central Citizen Reception Office to inspect and urge the receipt and processing of petitions, handling of complaints, reports, suggestions, and reflections.

2. The provincial Citizen Reception Board and the county Citizen Reception Board are responsible for coordinating with state inspection agencies to assist the Chairman of the People's Committee at the same level in inspecting and urging the receipt and processing of petitions, handling of complaints, reports, suggestions, and reflections within their respective jurisdictions, prioritizing cases involving large groups of complainants, complex cases, long-standing unresolved cases.

Chapter V

IMPLEMENTING PROVISIONS

Article 31. Responsibility for Implementation

1. The Minister, Head of a ministerial-level agency, Head of an agency under the Government; Chairmen of People's Committees at all levels; relevant agencies, organizations, units, and individuals are responsible for implementing this Circular.

2. The Minister of National Defense and the Minister of Public Security shall base on the provisions of this Circular to stipulate the handling of complaints, reports, suggestions, and reflections related to agencies, organizations, and units within the people's armed forces.

Article 32. Effectiveness

1. This Circular takes effect from November 15, 2021.

2. Circular No. 07/2014/TT-TTCP dated October 31, 2014 of the Government Inspectorate prescribing procedures for handling complaints, reports, suggestions, and reflections ceases to be effective from the date this Circular comes into force.

3. During implementation, if there are difficulties, obstacles, or new issues arise, it is recommended that relevant agencies, organizations, units, and individuals promptly report to the Government Inspectorate for necessary amendments and supplements to ensure compliance.