Circular No. 06/2013/TT-TTCP on the procedure for handling complaints

CIRCULAR

Article 24Prescribes the procedure for handling complaints°

Pursuant to the Law on Complaints No. 03/2011/QH13 dated April 20, 2011 11/11/2011;

Based on Decree No. 64/2014/NĐ-CP dated June 26, 2014 of the Government detailing the implementation of certain provisions of the Law on Receiving Citizens;

Pursuant to Decree No. 83/2012/ND-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 Affairs Department and the Director of the Anti-Corruption Department;

The Government Inspector General issues this Circular prescribing the procedure for handling complaints.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular prescribes the procedure for handling complaints, rehandling complaints, including receiving, verifying, concluding on the content of complaints, handling complaints by the complaint handler, and publicizing the conclusion on the content of complaints and decisions on handling violations reported.

Article 2. Applicability

1. Administrative state agencies, public service units, state-owned enterprises; agencies, organizations, units established by administrative state agencies, public service units, state-owned enterprises.

2. The complaint handler, persons assigned the task of receiving and verifying the content of complaints within the agencies, organizations, units prescribed in Clause 1 of this Article.

3. The complainant, the person complained against, agencies, organizations, units, individuals related to the content of complaints within the jurisdiction of the heads of agencies, organizations, units prescribed in Clause 1 of this Article.

Article 3. Principles for Handling Complaints

1. Handling complaints must ensure timeliness, accuracy, objectivity, compliance with authority, procedures, formalities, and deadlines as stipulated by law; ensuring safety for the complainant; protecting the interests of the State, collectives, and lawful rights and interests of citizens.

2. Within their scope of responsibility, the complaint handler, agencies, organizations, units, and individuals assigned to verify the content of complaints must apply measures within their authority or immediately report to the police agency or competent authority to apply measures to protect the complainant and promptly prevent illegal acts.

Article 4. Application of Law

Handling complaints through inspection activities shall be carried out in accordance with the laws on inspection and other relevant provisions; notification of acceptance of complaints and notification of results of handling complaints shall be implemented in accordance with this Circular.

Article 5. Handling complaints with clear content, specific evidence, and a basis for immediate resolution

1. Handling complaints regarding violations of laws on state management in various fields with clear content, specific evidence, and a basis for immediate resolution shall be conducted in accordance with Article 33 of the Law on Complaints.

2. Publicizing the results of handling complaints shall be carried out in accordance with Article 11 of Decree No. 76/2012/NĐ-CP dated October 3, 2012 of the Government. Notifying the results of handling complaints to the complainant shall be carried out in accordance with Clause 2, Article 25 of this Circular.

Article 6. Handling Complaints When the Complainant Withdraws the Complaint

1. In cases where the complainant requests withdrawal of the complaint content and it is found that the withdrawal is justified, the complaint handler will not consider or resolve the complaint content. If it is found that the illegal act has not been discovered and handled, the complaint handler will still consider and resolve it in accordance with the law.

2. In cases where there is evidence that the withdrawal of the complaint was due to the complainant being threatened or coerced, the complaint handler must take measures to protect the complainant, strictly handle those who threaten or coerce the complainant, and at the same time must consider and resolve the complaint in accordance with the law.

In cases where the complainant withdraws the complaint content to conceal illegal acts, evade responsibility, or for personal gain, depending on the nature and severity of the violation, the complainant will be considered and dealt with according to the law.

Chapter II

PROCEDURE AND PROCEDURES FOR HANDLING COMPLAINTS

Section 1

RECEIVING AND PREPARING FOR VERIFICATION OF COMPLAINTS

Article 7. Accepting complaints and examining conditions for handling complaints

1. After accepting complaints within their jurisdiction, the complaint resolver must organize verification and investigation regarding the complainant's name, address, and other contents as prescribed in Clause 2, Article 20 of the Law on Complaints within the time limit specified in Point a, Clause 1, Article 20 of the Law on Complaints.

In cases where the complainant directly lodges a complaint, the person receiving the complaint shall require the complainant to clearly state their name, address, present identification documents, and record the content of the direct complaint in Form No. 01-TC issued together with this Circular.

2. For complaints falling under the cases not subject to handling and resolution as stipulated in Clause 2, Article 20 of the Law on Complaints, if the complainant requests, the complaint resolver shall notify the complainant in writing about the non-handling and resolution of the complaint using Form No. 02-TC issued together with this Circular.

3. For complaints that fall under the cases not resolvable again as provided in Point b, Clause 2, Article 27 of the Law on Complaints, the complaint resolver shall notify in writing the complainant, relevant agencies, organizations, units, and individuals about the non-handling and resolution of the complaint and request the termination of the complaint and examination and resolution thereof if there are no new circumstances. The notification document shall be implemented according to Form No. 03-TC issued together with this Circular.

4. For complaints meeting the conditions for handling and resolution, the competent unit or the person who has verified and investigated the contents as prescribed in Clause 1 of this Article shall prepare a proposal form to submit to the complaint resolver for consideration and decision on the handling and resolution of the complaint. The proposal form for handling and resolving complaints shall be implemented according to Form No. 04-TC issued together with this Circular.

5. If necessary, before handling and resolving the complaint, the complaint resolver may organize a direct meeting with the complainant to clarify the content of the complaint and related issues.

6. In cases where multiple people lodge a complaint as prescribed in Clause 1, Article 5 of Decree No. 76/2012/NĐ-CP dated October 3, 2012 of the Government, the verification of the complainants' names and addresses, contact with the complainants, issuance of notifications of complaint acceptance, and results of complaint resolution shall be conducted with the representative of the complainants.

7. During the process of handling complaints, if the complaint resolver or the person assigned to verify the content of the complaint needs to contact or meet directly with the complainant, they must choose appropriate methods of contact, arrange suitable times and locations for work to protect the confidentiality of the complainant.

Article 8. Accepting, processing subsequent complaints, and re-examining complaints

1. Within ten days from the date of receipt of a subsequent complaint, the head of the immediate superior agency of the person responsible for resolving the complaint shall examine and handle it as follows:

a) In cases where the complaint resolution period has expired but the matter has not been resolved or some content of the complaint has not been resolved, the person responsible for resolving the complaint shall be required to resolve it, and at the same time, report the reasons for the unresolved complaint.

b) For complaints that have been resolved in accordance with the law but have new circumstances not discovered during the complaint resolution process that could change the resolution result, the person who resolved the complaint shall be required to continue resolving the complaint according to their authority.

c) Upon discovering any of the violations of the law as prescribed in Clause 2 of this Article, the complaint shall be accepted and re-examined. The procedures and formalities for re-examining complaints shall be carried out in accordance with this Circular.

d) In cases where subsequent complaints do not contain new circumstances and no signs of violation of the law are found, they will not be accepted for resolution, and at the same time, a written notification shall be given to the complainant, relevant agencies, organizations, units, and individuals according to Clause 3, Article 7 of this Circular.

2. Signs of violation of the law for accepting and re-examining complaints:

a) Serious violations of the procedures and formalities for handling complaints that could change the resolution result.

b) Errors in applying the law when concluding the content of the complaint.

c) The conclusion of the content of the complaint does not match the collected evidence.

d) The handling of the person complained against and related organizations and individuals is not appropriate to the nature and severity of the illegal act concluded.

đ) There is evidence that the complaint resolver or the person receiving the complaint, or the person verifying the content of the complaint, has distorted the case file.

e) There are serious signs of violation of the law by the person complained against that have not been discovered.

3. State inspection agencies shall examine the resolution of complaints by the head of the immediate subordinate administrative agency that has resolved the complaint and concluded that there is one of the signs of violation of the law as prescribed in Clause 2 of this Article, and recommend the head of the same-level administrative agency to review and resolve the complaint again. The procedures and formalities for re-examining complaints according to the recommendation of the state inspection agency shall be carried out in accordance with this Circular.

Article 9. Issuing the Decision to Accept and Resolve Complaints

1. The person resolving complaints must issue the decision to accept and resolve complaints (hereinafter referred to as the acceptance decision). Any changes or supplements to the content of the acceptance decision must be made through a decision by the person resolving complaints.

2. In cases where the person resolving complaints conducts verification, the acceptance decision must establish a Verification Team for Complaints (hereinafter referred to as the Verification Team) consisting of at least two people, among whom one person is assigned as the Head of the Verification Team.

The acceptance decision and the establishment of the Verification Team must clearly state the name of the agency, organization, or unit being complained against, the full name, position, title, and address of the individual being complained against; the full name, position, and title of each member of the Verification Team, the content to be verified, the verification deadline, the authority and responsibility of the Verification Team.

The acceptance decision and the establishment of the Verification Team shall be carried out according to Model Number 05-TC issued together with this Circular.

3. In cases where the person resolving complaints assigns tasks to the State Inspectorate at the same level or another agency, organization, or unit to verify the content of the complaint, the acceptance decision must clearly state the agency, organization, or unit assigned the verification task, the name of the agency, organization, or unit being complained against, the full name, position, title, and address of the individual being complained against, the content to be verified, and the verification deadline.

The acceptance decision and the assignment of the verification task shall be carried out according to Model Number 06-TC issued together with this Circular.

4. The head of the State Inspectorate or other agency, organization, or unit assigned the verification task has the responsibility to establish the Verification Team in accordance with Clause 2 of this Article.

The decision to establish the Verification Team shall be carried out according to Model Number 07-TC issued together with this Circular.

Article 10. Notification of Acceptance of Complaints

1. The person resolving complaints must notify the complainant in writing about the time of accepting the complaint and the contents of the complaint that have been accepted.

2. The notification shall be made in one of the following two forms:

a) Sending the decision to accept and resolve complaints.

b) Sending a notification document regarding the acceptance of the complaint according to Model Number 08-TC issued together with this Circular.

Article 11. Plan for Verifying the Content of Complaints

1. The plan to verify the content of complaints is drafted by the Head of the Verification Group and submitted for approval by the person who issued the decision to establish the Verification Group.

2. The plan to verify the content of the complaint includes:

a) Legal basis for conducting verification;

b) Purpose and requirements of the verification;

c) Content of verification;

d) Organizations, units, individuals required to cooperate in collecting, verifying information, documents, and evidence;

đ) Conditions and means serving the verification process;

e) Anticipating the time required for each task; specific duties of each team member; reserve time for handling any arising matters;

g) Reporting progress on implementation;

h) Other related contents (if any).

Section 2

CONDUCTING VERIFICATION OF THE CONTENT OF COMPLAINTS

Article 12. Notification of the Decision to Establish the Verification Team

1. The Head of the Verification Team is responsible for delivering the decision to establish the Verification Team to the person being complained against. If the person being complained against is an agency, organization, or unit, then the decision to establish the Verification Team should be delivered to the head of the agency, organization, or unit, or an announcement of the decision to establish the Verification Team should be made with participants including: Representatives from the agency, organization, or unit establishing the Verification Team, members of the Verification Team, representatives from the agency, organization, or unit being complained against; if necessary, representatives from relevant agencies, organizations, units, or individuals may also be invited to attend.

2. The delivery or announcement of the decision must be recorded in a protocol signed by the Head of the Verification Team, the individual being complained against, and the representative of the agency, organization, or unit being complained against. The protocol must be prepared in at least two copies, one copy given to the individual being complained against and the representative of the agency, organization, or unit being complained against, and the other retained in the complaint resolution file.

Article 13. Directly working with the complainant

1. In cases where necessary, the Verification Team shall directly work with the complainant; request the complainant to provide information, documents, evidence to clarify the content of the complaint.

2. The content of the work with the complainant must be recorded in a record, signed by the complainant and the person in charge of the work with the complainant. The record must be made in at least two copies, handed over one copy to the complainant if requested and kept in the file for handling the complaint.

The record of the work is carried out according to Model No. 09-TC issued together with this Circular.

3. In cases where direct work with the complainant cannot be conducted due to objective reasons, the person who decides to establish the Verification Team or the Head of the Verification Team shall issue a written request to the complainant to provide information, documents, evidence to clarify the content of the complaint.

Article 14. Directly working with the accused

1. The Verification Team must directly work with the accused; request the accused to explain in writing about the contents of the accusation, provide information, documents, evidence related to the content of the accusation and the explanation.

2. The content of the work with the accused must be recorded in a record according to Model No. 09-TC issued together with this Circular. The record must have the signature of the accused and the person in charge of the work with the accused, and must be made in at least two copies, handed over one copy to the accused if requested and kept in the file for handling the complaint.

3. In cases where the explanation of the accused is not clear; the information, documents, evidence provided by the accused are not sufficient, the Verification Team shall request the accused to continue explaining and providing information, documents, evidence regarding issues that are still unclear.

Article 15. Requesting relevant agencies, organizations, units, individuals to provide information, documents, evidence related to the content of the complaint

1. To clarify the content of the complaint, the person who decides to establish the Verification Team or the Verification Team shall request relevant agencies, organizations, units, individuals to provide information, documents, evidence related to the content of the complaint. The request shall be made in writing according to Model No. 10-TC issued together with this Circular.

2. In cases where necessary, the Verification Team shall directly work with relevant agencies, organizations, units, individuals to collect information, documents, evidence related to the content of the complaint.

The content of the work must be recorded in a record according to Model No. 09-TC issued together with this Circular. The record must have the signatures of the representative of the Verification Team and the representative of the relevant agency, organization, unit, individual; it must be made in at least two copies, handed over one copy to the relevant agency, organization, unit, individual and kept in the file for handling the complaint.

Article 16. Collecting, processing information, documents, evidence related to the content of the complaint

1. The request for providing information, documents, evidence related to the content of the complaint must be based on the approved verification plan and the requirements of the complaint resolution process. When receiving information, documents, evidence provided directly by the complainant, the accused, relevant agencies, organizations, units, individuals, the Verification Team must issue a Receipt according to Model No. 11-TC issued together with this Circular.

2. Information, documents, evidence collected directly must clearly indicate their source. When collecting copies, the Verification Team must compare them with the original; in cases where there is no original, it must be clearly stated in the receipt. Information, documents, evidence provided by agencies, organizations, units must be confirmed by the providing agency, organization, unit. Information, documents, evidence provided by individuals must be confirmed by the provider. In cases where the document is missing pages, faded, too old, too blurred to read accurately, the person receiving the document must clearly state the condition of the document in the receipt.

3. The Verification Team must verify the authenticity of the collected information, documents, evidence, paying particular attention to the information, documents, evidence provided by the complainant to accuse violations and the information, documents, evidence provided by the accused to explain and prove the correctness or incorrectness of the content of the complaint.

4. The Verification Team must evaluate and determine the evidentiary value of the collected information, documents, evidence based on compliance with legal regulations and principles in handling complaints. Information, documents, evidence used as evidence to conclude the content of the complaint must be clear in origin, objectivity, relevance, legality.

5. Information, documents, evidence collected during the complaint resolution process must be strictly managed and used in accordance with regulations; they may only be provided or disclosed upon authorization by the competent authority.

Article 17. Verification of Actual Facts

1. Based on the verification plan, details of the case, or instructions from the person who issued the decision to establish the Verification Team, the Verification Team conducts actual fact verification at necessary locations to collect, check, and determine the accuracy and legality of information, documents, and evidence related to the content of the complaint.

2. The verification of actual facts must be recorded in a protocol detailing the results of the verification, opinions of those participating in the verification, and other relevant persons. The protocol must have signatures of the verifiers, relevant persons, and be kept in the file for handling the complaint.

Article 18. Request for Expert Appraisal

1. When it is deemed necessary to have an evaluation regarding the content related to expertise or technical matters as a basis for concluding the content of the complaint and handling the reported violation, the person who issued the decision to establish the Verification Team requests an appraisal from the competent authority or organization.

2. The request for expert appraisal is made in writing, specifying the name of the appraisal agency or organization; information, documents, and evidence to be appraised; the content of the appraisal request; and the deadline for issuing the appraisal conclusion. The request for expert appraisal is carried out according to Model No. 12-TC issued together with this Circular.

Article 19. Extension of Complaint Resolution

In cases where necessary, the person resolving the complaint decides to extend the resolution of the complaint in accordance with Clause 2 of Article 21 of the Law on Complaints. The decision to extend the resolution of the complaint is implemented according to Model No. 13-TC issued together with this Circular.

Article 20. Reporting on the Results of Verifying the Content of the Complaint

1. The head of the Verification Team must report in writing about the results of verifying the content of the complaint to the person who issued the decision to establish the Verification Team. The reporting document must be discussed and contributions made by members of the Verification Team.

2. The report of the Verification Team on the results of verifying the content of the complaint must include the following main contents:

a) The content of the complaint;

b) The explanation of the accused person;

c) Analysis and assessment of information, documents, and evidence to prove the correctness or incorrectness of the content of the complaint;

d) Comments and assessments on whether the assigned content of the complaint is correct, partially correct, or incorrect; the intentional false accusation by the complainant (if applicable);

đ) Comments and assessments on the illegal acts of the accused person, agencies, organizations, units, or individuals (if applicable); causes and responsibilities of the accused person, agencies, organizations, units, or individuals related to the correct or partially correct content of the complaint;

e) Material and spiritual damages caused by the illegal act; the victims;

g) Issues that still have differing opinions within the Verification Team (if applicable);

h) Recommendations to the competent authority to apply measures to handle illegal acts and compel the rectification of consequences caused by illegal acts.

The report of the Verification Team on the results of verifying the content of the complaint is implemented according to Model No. 14-TC issued together with this Circular.

3. During the verification process, if signs of criminal offenses are discovered, the head of the Verification Team must immediately report to the person who issued the decision to establish the Verification Team. The person who issued the decision to establish the Verification Team must promptly handle within their authority and report to the competent authority for examination and handling in accordance with the law.

4. The head of the agency, organization, or unit tasked with verifying the content of the complaint must report to the person resolving the complaint about the results of verifying the content of the complaint. The report must include the following main contents:

a) The content of the complaint;

b) The explanation of the accused person;

c) Analysis and assessment of information, documents, and evidence to prove the correctness or incorrectness of the content of the complaint;

d) Conclusions on whether the assigned content of the complaint is correct, partially correct, or incorrect; the intentional false accusation by the complainant (if applicable);

đ) Conclusions on the illegal acts of the accused person, agencies, organizations, units, or individuals (if applicable); causes and responsibilities of the accused person, agencies, organizations, units, or individuals related to the correct or partially correct content of the complaint;

e) Conclusions on damages caused by illegal acts; the victims;

g) Issues that still have differing opinions (if applicable);

h) Recommendations to the competent authority to apply measures to handle illegal acts and compel the rectification of consequences caused by illegal acts.

The report on the results of verifying the content of the complaint is implemented according to Model No. 15-TC issued together with this Circular.

5. In cases where verification is conducted to re-examine the complaint, in addition to the contents stipulated in Clause 2 and Clause 4 of this Article, the report of the Verification Team and the report of the agency, organization, or unit tasked with verification must also clearly state the violations of the law, mistakes, or inconsistencies in the previous handling of the complaint (if applicable) and recommendations for handling the agency, organization, unit, or individual who violated the law during the previous handling of the complaint.

Article 21. Seeking advisory opinions

When deemed necessary, the person who issued the decision to establish the Verification Team or the person resolving the complaint may seek advice from specialized agencies, superior management agencies, or other relevant agencies, organizations, units, or individuals to assist in resolving the complaint.

Section 3

CONCLUSION ON THE CONTENT OF THE COMPLAINT, HANDLING THE COMPLAINT

AND PUBLICIZING THE RESULTS OF COMPLAINT RESOLUTION

Article 22. Notification of Draft Conclusion on Content of Complaint

1. Before issuing the conclusion on the content of the complaint, when necessary, the person handling the complaint shall organize a meeting to directly notify or send the draft conclusion on the content of the complaint to the accused person for their knowledge and further explanation (if applicable).

The person chairing the meeting who notifies the draft conclusion on the content of the complaint is either the person handling the complaint, the head of the agency, organization, unit entrusted with verifying the complaint, or the head of the Verification Team. Direct notification must be recorded in a minutes document. The minutes must have signatures from the chairperson and the accused person. If the accused person does not sign the minutes, the chairperson must clearly record this fact in the minutes.

2. If the draft conclusion on the content of the complaint contains information classified as state secrets or information harmful to the complainant, such information shall not be notified.

Article 23. Conclusion on Content of Complaint

1. Based on the report of the results of verifying the content of the complaint, relevant information, documents, evidence, and in accordance with legal provisions, the person handling the complaint shall issue the conclusion on the content of the complaint.

2. The conclusion of complaint contents must include the following contents:

a) The content of the complaint;

b) The explanation of the accused person;

c) Analysis and assessment of information, documents, and evidence to prove the correctness or incorrectness of the content of the complaint;

d) The conclusion on the content of the complaint being correct, partially correct, or incorrect; the act of the complainant intentionally making false complaints (if applicable);

đ) Conclusions on the illegal acts of the accused person, agencies, organizations, units, or individuals (if applicable); causes and responsibilities of the accused person, agencies, organizations, units, or individuals related to the correct or partially correct content of the complaint;

e) Conclusions on damages caused by illegal acts; the victims;

g) Measures applied by the person handling the complaint to directly address violations, compel rectification of consequences caused by unlawful acts;

h) Instructions for agencies, organizations, units, individuals under the management authority of the person handling the complaint to apply measures within their authority to address violations, compel rectification of consequences caused by unlawful acts;

i) Recommendations for other agencies, organizations, individuals to apply measures within their authority to address violations, compel rectification of consequences caused by unlawful acts.

The document concluding the content of the complaint shall be implemented according to Model No. 16-TC issued together with this Circular.

3. In cases where the complaint is reconsidered, in addition to the contents stipulated in Clause 2 of this Article, the person handling the complaint must conclude on the legal violations, mistakes, or inconsistencies in the previous handling of the complaint (if applicable); handle according to their authority or instruct, recommend agencies, organizations, units, individuals with authority to deal with agencies, organizations, units, individuals who violated the law during the previous handling of the complaint.

Article 24. Handling of Complaints by the Person Handling the Complaint

1. After issuing the conclusion on the content of the complaint, the person handling the complaint must base the conclusion on the content of the complaint to handle as follows:

a) For acts violating the law, violating regulations on duties and public service within their authority to handle, the person handling the complaint shall issue a decision to recover money and property; implement procedures to impose disciplinary actions, administrative penalties, and apply other measures as prescribed by law to address violations, compel rectification of consequences caused by unlawful acts.

b) For acts violating the law, violating regulations on duties and public service within the authority of agencies, organizations, units, individuals under their management to handle, the person handling the complaint shall instruct those agencies, organizations, units, individuals to address violations and compel rectification of consequences caused by unlawful acts.

c) For acts violating the law with signs of criminal offenses, there shall be a document transferring the file on the violation to the Investigation Agency according to Model No. 17-TC issued together with this Circular. The file handed over to the Investigation Agency is the file established during the handling of the complaint and must be copied for storage. The handover of the file is recorded in a minutes document according to Model No. 18-TC issued together with this Circular.

d) For acts violating the law not falling under the circumstances specified in Points a, b, c of this Clause, there shall be a document recommending agencies, organizations, units, individuals with authority to address violations, while attaching the file on the violation.

đ) In cases where the complainant intentionally makes false complaints, the person handling the complaint must apply measures within their authority to address the complainant or instruct, recommend agencies, organizations, units, individuals with authority to address the complainant according to the law. Information about the person intentionally making false complaints, related documents, writings concerning the intentional false complaint are used to serve the handling of the person intentionally making false complaints.

2. The documents handling complaints mentioned in Point a, b of Clause 1 of this Article must clearly specify the time to complete the handling contents, the responsibility of agencies, organizations, units, individuals involved in organizing implementation and reporting the results of implementation.

Article 25. Publicizing the conclusion on the content of the complaint, the decision to handle the reported violation, and notifying the complainant of the resolution of the complaint

1. The person resolving the complaint shall be responsible for publicizing the conclusion on the content of the complaint and the decision to handle the reported violation in accordance with Article 11 of Decree No. 76/2012/NĐ-CP dated October 3, 2012 of the Government.

2. In cases where the complainant requests it, the person resolving the complaint shall notify the complainant of the resolution of the complaint, except for information classified as state secrets. The notification of the resolution of the complaint shall be carried out in one of the following two forms:

a) Sending the conclusion on the content of the complaint, the decision, and the document handling the complaint.

b) Sending a notification document regarding the resolution of the complaint according to Model No. 19-TC issued together with this Circular, which must include the results of verification, the conclusion on the content of the complaint, the content of the decision, and the document handling the complaint.

Article 26. Establishing and Managing the Complaint Resolution File

1. The Head of the Verification Team shall be responsible for assisting the person resolving the complaint in establishing the complaint resolution file; collecting relevant information, documents, evidence, and proof related to the content of the complaint, the results of verification, conclusions, recommendations, decisions to handle the complaint, the publicizing and notification of the resolution of the complaint from the time the complaint resolution file is opened until it is closed in the following sequence:

a) Opening the complaint resolution file. The opening date of the file is the day the Verification Team is established;

b) Collecting and classifying documents and records; preparing an index for management;

c) Closing the complaint resolution file. The closing date of the file is the day the authorized person completes the publicizing of the conclusion on the content of the complaint, the decision to handle the reported violation, and the notification of the resolution of the complaint to the complainant as stipulated in Article 25 of this Circular.

2. Within thirty days from the date of closing the file, the Head of the Verification Team shall complete the arrangement, preparation of the index, and transfer of the file to the storage department of the organization under the Head of the Verification Team or transfer it to another agency, organization, unit, or individual designated by the person resolving the complaint to manage the complaint resolution file.

3. The complaint resolution file shall be arranged to ensure convenient and quick access and use, divided into two groups of documents as follows:

Group 1 includes the following documents: Complaint letter or Record of the content of the direct complaint; Decision to accept the case, Decision to establish the Verification Team; Plan for verifying the complaint; Report on the results of verifying the content of the complaint; Conclusion on the content of the complaint; documents for notification, handling, and recommendation for handling the complaint.

Group 2 includes the following documents: Minutes of meetings; collected documents, records, and evidence; explanation documents from the accused; other documents related to the content of the complaint.

Chapter III

IMPLEMENTING PROVISIONS

Article 27. Effective Date

This Circular takes effect from November 15, 2013.

Circular No. 01/2009/TT-TTCP dated December 15, 2009 of the Government Inspectorate on the procedures for handling complaints becomes invalid from the date this Circular takes effect.

Article 28. Implementation Organization

Ministries, ministry-level agencies, Government-affiliated agencies, and People's Committees at all levels are responsible for implementing this Circular.

During implementation, if there are difficulties, obstacles, or new issues arise, agencies, organizations, units, and individuals should report to the Government Inspectorate for timely research, amendment, and supplementation./.