Circular No. 06/2014/TT-TTCP stipulates the procedure for receiving citizens to lodge complaints, reports, proposals, and reflections at the Citizen Reception Place of responsible agencies and organizations. It applies to citizen reception officers and citizens lodging complaints, reports, proposals, and reflections. Notably, it provides detailed regulations on identifying personal information, recording contents, and handling complaints, reports, proposals, and reflections.
Đối tượng áp dụng
Administrative state agencies, heads of administrative state agencies, people's armed forces units, public service units, citizen reception officers; complainants, reporters, proposers, reflectors; and related agencies, organizations, and individuals.
Các điểm cốt lõi
- The citizen reception officer requests the identification of the personal information of the complainant, reporter, proposer, or reflector (Article 1-5)
- Determining the content of the case and the demands of the complainant, reporter, proposer, or reflector (Article 6-14)
- Categorizing and processing complaints, reports, proposals, and reflections according to authority (Article 15-27)
- Heads of administrative state agencies directly receive citizens and the responsibilities of related agencies (Article 28-34)
- The citizen reception officer may refuse to receive a citizen if they violate Article 9 of the Law on Receiving Citizens (Article 4, Article 15)
- Handling cases of improper delegation (Article 9)
🌐 Tác động xã hội từ văn bản này
- Positive impact: Enhancing the effectiveness of citizen reception through the specific identification of personal information and recording of content, aiding in accurately resolving complaints, reports, proposals, and reflections.
- Negative impact: May cause difficulties for citizens during the complaint and reporting process due to the requirement to provide numerous identity documents and proof of personal information.
- Benefits: Citizens are provided with specific guidance on the citizen reception procedure, helping them understand how to exercise their rights in accordance with the law.
- Costs: Increased time and effort for citizens in preparing complaint and report files.
❓ Câu hỏi thường gặp
What documents must citizens provide when lodging a complaint?
Citizens must present identity documents such as a national identity card or a citizen identification card, and may need to provide a power of attorney if lodging a complaint on behalf of another person (Article 1-5).
When can a citizen reception officer refuse to receive a citizen?
A citizen reception officer has the right to refuse to receive a citizen if they violate Article 9 of the Law on Receiving Citizens, specifically failing to present valid identity documents or a power of attorney (Article 4).
What information must citizens provide when lodging a complaint?
Complaints must clearly and fully specify the content of the case and the request for resolution. If unclear, the citizen reception officer will guide the writing or supplementation (Article 10).
What responsibility does the head of an administrative state agency have when directly receiving citizens?
The head is responsible for regularly and unexpectedly receiving citizens, listening to, examining, and resolving complaints, reports, proposals, and reflections within their authority (Article 32).
Can citizens directly lodge complaints with the head of an administrative state agency?
Yes, citizens can request to meet the head to lodge complaints regarding matters within the head’s resolution authority (Article 13).
Toàn văn
CIRCULAR
Article 24||| prescribes the procedure for receiving citizensFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.
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Pursuant to the Law T||| pursuant to Decree No. 42/2013/QH13 dated November 25, 2013;
Pursuant to the Law K||| pursuant to Petition No. 02/2011/QH13 dated November 11, 2011;
Pursuant to the Law T||| pursuant to Complaint No. 03/2011/QH13 dated November 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 T||| on receiving citizens;
||| based on Decree No. 75/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions of the Law K||| on petitions;
||| based on Decree No. 76/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions of the Law T||| 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 Affairs Department and the Director of the Central Citizen Reception Office,
This Circular regulates procedures for receiving citizens who come to lodge complaints, make accusations, submit proposals, or provide feedback at citizen reception offices of agencies, organizations, units responsible for receiving citizens as stipulated in Points a, b, c, and d Clause 1 Article 4 of the Law on Receiving Citizens and government agencies, public service units as stipulated in 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.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
||| This Circular stipulates the procedures for receiving citizens who come to lodge complaints, reports, petitions, and reflections at the Citizen Reception Place of agencies, organizations, units responsible for citizen reception as prescribed in point a, b, c, d Clause 1 Article 4 of the Law on Receiving Citizens and government agencies, public service units as prescribed in 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.
Article 2. Applicability
||| 1. Administrative state agencies, heads of administrative state agencies, people's armed forces units, public service units, persons receiving citizens.
||| 2. Persons lodging complaints, reports, petitions, and reflections.
Article 3. Purpose of receiving citizens
1. Guide citizens to exercise their rights to lodge complaints, make accusations, submit proposals, or provide feedback in accordance with the law, contributing to the dissemination and popularization of laws.
2. Receive complaints, accusations, proposals, or feedback within the jurisdiction of the head of the agency or unit for consideration and resolution in accordance with the law.
||| 2. To receive complaints, reports, petitions, and reflections within the jurisdiction of the head of the administrative state agency for consideration and issuance of decisions to resolve complaints; conclusions on the content of reports; decisions on handling reports; consideration and resolution of petitions and reflections; informing citizens according to the provisions of the law.
The citizen receiver may refuse to receive citizens in cases prescribed in Clause 1 and Clause 2 Article 9 of the Law on Receiving Citizens and must explain to the citizen the reason for refusal, while simultaneously reporting to the person in charge of citizen reception.
||| The person receiving citizens has the right to refuse to receive citizens who violate the provisions of Article 9 of the Law on Receiving Citizens but must explain to the citizens the reasons for refusing to receive them.
||| For cases where complaints and reports have been resolved in accordance with policies and laws, verified and reviewed by competent state authorities and notified in writing, and the citizens have already been received, explained, and guided, but continue to persistently lodge complaints and reports, the person receiving citizens shall issue a Notice of Refusal to Receive Citizens, implemented according to Model No. 01-TCD attached hereto.
Chapter II
||| RECEIVING COMPLAINANTS
Section 1
IDENTIFYING THE PERSONALITY OF THE COMPLAINANT, LEGALITY OF THE REPRESENTATIVE
||| OF THE LAW
||| Article 5. Identifying the personality of the complainant
||| 1. When receiving a complainant, the person receiving citizens requests the complainant to clearly state their name and address or present identity cards, letters of introduction, power of attorney (if any) to determine whether they are the person themselves making the complaint, a representative making the complaint, or a person authorized to make the complaint.
||| 2. In cases where citizens or those authorized, representatives as prescribed by law for individuals, agencies, organizations do not violate the provisions of Article 9 of the Law on Receiving Citizens, the person receiving citizens proceeds with the citizen reception process.
||| 3. In cases where citizens or those authorized, representatives as prescribed by law for individuals, agencies, organizations commit acts violating the provisions of Article 9 of the Law on Receiving Citizens, the person receiving citizens refuses to receive them as prescribed in Article 4 of this Circular.
Article 6. Determining the Legality of Representatives for Complaints from Agencies and Organizations
1. In cases where agencies and organizations conduct complaints through representatives who are the heads of such agencies or organizations, the citizen reception officer shall request the representative to present an introduction letter and personal identification documents of the represented individual.
2. In cases where the head of an agency or organization authorizes a representative to handle complaints in accordance with the law, the citizen reception officer shall request the authorized representative to present the authorization letter and personal identification documents of the authorized representative.
Article 7. Determining the Legality of Representatives and Authorized Persons for Complaints
1. In cases where the person presenting the complaint is a representative or authorized person of the complainant as stipulated in point a, Clause 1, Article 12 of the Law on Complaints, the citizen reception officer shall require the presenter to provide documents proving the lawful representation or authorization of the complainant or other related documents.
2. In cases where the presenter is a lawful representative or authorized person, the citizen reception officer shall proceed with the procedures as if dealing with the complainant. In cases of unlawful authorization or non-compliance with regulations, they shall be handled according to the provisions of Article 9 of this Circular.
Article 8. Determining the Legality of Lawyers or Legal Aid Assistants in Cases Where the Complainant Authorizes a Complaint
In cases where the complainant authorizes a lawyer or legal aid assistant to handle the complaint, the citizen reception officer shall require the lawyer or legal aid assistant to present their lawyer's card, legal aid assistant's card, and complaint authorization letter.
Article 9. Handling Cases of Unauthorized Authorization
In cases where citizens do not have a valid authorization letter or the authorization does not comply with points a and b, Clause 1, Article 12 of the Law on Complaints, the citizen reception officer shall not accept the case file but must clearly explain the reasons and guide the citizen and the authorized person to complete necessary procedures to submit the complaint in accordance with the regulations.
Section 2
HEARING AND RECORDING COMPLAINT CONTENTS,
RECEIVING INFORMATION AND DOCUMENTS
Article 10. Hearing and Recording Complaint Contents
1. When the complainant submits a clear and complete complaint as prescribed in Clause 2, Article 8 of the Law on Complaints, the citizen reception officer shall determine the content of the case and the complainant's requests to handle them appropriately.
If the complaint content is unclear or incomplete, the citizen reception officer shall request the complainant to rewrite the complaint or supplement the missing or unclear contents.
2. In cases where there is no complaint letter, the citizen reception officer shall guide the complainant to write a complaint letter in accordance with the contents prescribed in Clause 2, Article 8 of the Law on Complaints.
If the citizen presents the complaint directly, the citizen reception officer shall record fully, truthfully, and accurately the complaint content presented by the citizen; for any unclear content, the officer shall request the complainant to provide additional information, then read it back to the complainant and request the complainant to sign or affix a fingerprint to confirm the content as prescribed in Clause 2, Article 8 of the Law on Complaints.
3. In cases where multiple people are complaining about the same content, the citizen reception officer shall guide the complainants to elect a representative to present the complaint content, and the officer shall record the complaint content in writing as prescribed in Clause 2, Article 8 of the Law on Complaints.
4. In cases where the complaint letter contains accusations or suggestions, the citizen reception officer shall guide the citizen to write a separate complaint letter to submit the complaint to the competent authority as prescribed by law.
Article 11. Determining the Content of the Complaint and the Complainant's Request
After listening to the complainant's presentation and conducting preliminary research on the complaint's content, related information, documents, and evidence provided by the complainant, the citizen reception officer shall determine the following contents:
1. The location and time when the incident occurred.
2. The person being complained against, whether an individual, agency, or organization.
3. The content of the complaint and the authority responsible for resolving it.
4. Whether the subject of the complaint is an administrative decision or an administrative act.
5. The process of examination and resolution (if any): the agency that resolved it; the resolution result; the form of the resolution document issued by the competent authority.
6. The request of the complainant.
Article 12. Receiving Information, Documents, and Evidence Provided by the Complainant
1. When the complainant provides information, documents, and evidence related to the complaint such as the administrative decision being complained about, the resolution decision on the complaint (if any), and other relevant information, documents, and evidence, the citizen reception officer must verify the validity of these pieces of information, documents, and evidence.
2. In cases where the complaint falls within the jurisdiction of the head of the agency, organization, or unit, after comparing the information, documents, and evidence provided by the complainant, the citizen reception officer must issue a "Receipt Form" according to Model No. 02-TCD attached to this Circular. The receipt form shall be made in two copies, recording the names of the received information, documents, and evidence, their condition (only accepting photocopies or certified true copies), and requesting the complainant to sign the "Receipt Form," giving one copy to the complainant and transferring the other copy along with the received information, documents, and evidence to the case handling department.
Section 3
CLASSIFICATION AND HANDLING OF COMPLAINTS
Article 13. Handling of Complaints Within Jurisdiction
1. If the complaint falls within the jurisdiction of the head of the agency, organization, or unit but does not fall under any of the circumstances specified in Article 11 of the Law on Complaints, the citizen reception officer must complete the procedures for receiving the complaint, the complaint letter, and the accompanying information, documents, and evidence provided by the complainant (if any), report to the head of the agency, organization, or unit for handling within the time limit prescribed by law, and propose the handling of the complaint letter according to Model No. 03-TCD attached to this Circular.
The procedures for receiving information, documents, and evidence provided by the complainant shall be carried out in accordance with Article 12 of this Circular.
2. If the complaint falls within the jurisdiction but lacks the necessary conditions for handling and resolution as prescribed, the citizen reception officer shall, based on each specific case, inform or guide the complainant clearly about the reasons and the necessary procedures to be supplemented for the complaint.
3. In cases where the complainant requests to meet with the head of the agency, organization, or unit to file complaints regarding matters within the jurisdiction of the head of the agency, organization, or unit, the citizen reception officer shall record the content of the complaint and simultaneously report to the head of the agency, organization, or unit for consideration and decision. If the head of the agency, organization, or unit agrees and a meeting time is agreed upon, the citizen reception officer shall issue an Appointment Slip for the date, time, and place of the meeting according to Model No. 04-TCD attached to this Circular; at the same time, they shall be responsible for preparing the files and documents related to the case to serve the meeting between the head of the agency, organization, or unit and the complainant.
Article 14. Handling complaints not within jurisdiction
1. In cases where the complaint does not fall under the jurisdiction of the head of the agency, organization, or unit to resolve, the citizen reception officer shall guide the complainant to the competent agency, organization, or unit for resolution according to the provisions of the law, following Model No. 05-TCD issued together with this Circular.
2. In cases where the complaint falls within the jurisdiction of a lower level but has not been resolved beyond the prescribed time limit, the citizen reception officer must report to the head of the agency, organization, or unit for consideration and decision.
3. In cases where the initial complaint has exceeded the deadline but has not been resolved, the citizen reception officer reports to the head of the agency, organization, or unit for consideration and resolution in accordance with the provisions of the Law on Complaints. The handling process is carried out in accordance with Article 13 of this Circular.
Article 15. Handling complaints against decisions resolving complaints that have taken legal effect but show signs of violating the law and cases that may cause difficult-to-rectify consequences
1. In cases where a complaint is made against a decision resolving a complaint that has taken legal effect, if there are new circumstances changing the content of the case or it is found that during the resolution process there are signs of violations of the law causing damage to the legitimate rights and interests of the complainant, the person being complained against, or other individuals or organizations related to the case, or the interests of the state or collective, the citizen reception officer must report to the head of the agency, organization, or unit for consideration and decision.
2. In cases where it is determined that the implementation of the administrative decision being complained about will cause difficult-to-rectify consequences, the citizen reception officer must promptly report to the head of the agency, organization, or unit for consideration and decision to temporarily suspend the implementation of the decision or to request the competent authority to temporarily suspend the implementation of the decision.
Article 16. Monitoring and managing the reception of complainants
After checking and comparing necessary documents and based on the complaint letter or the content presented by the complainant, the information, documents, and evidence provided by the complainant, the citizen reception officer must record in the Citizen Reception Book or enter into the software for managing citizen reception work.
The Citizen Reception Book or the software for managing citizen reception work must contain contents according to criteria such as: serial number, date of reception, name, address of the complainant, number of complainants, content of the incident, the process of examination and resolution by the competent authority (if any), and the requests and proposals of the complainant, summary of the reception results and handling. The Citizen Reception Book is implemented according to Model No. 06-TCD issued together with this Circular.
Chapter III
RECEIVING CITIZENS WITH COMPLAINTS
Section 1
IDENTIFYING PERSONAL INFORMATION, MAINTAINING CONFIDENTIALITY AND PROTECTING THE COMPLAINANT
Article 17. Identifying personal information of the complainant
When receiving a complainant, the citizen reception officer requires the complainant to clearly state their name, address or present identification documents.
When citizens present identification documents, the citizen reception officer checks the validity of those documents.
Article 18. Maintaining confidentiality and protecting the complainant and close relatives of the complainant
During the process of receiving the complainant, the citizen reception officer must maintain confidentiality regarding the name, address, handwriting of the complainant except when the complainant agrees to disclose them; they must not reveal harmful information to the complainant; if deemed necessary or upon the complainant's request, the citizen reception officer applies necessary measures or recommends applying necessary measures to protect the complainant and close relatives of the complainant. The protection request form is implemented according to Model No. 07-TCD issued together with this Circular.
Section 2
HEARING, RECORDING THE CONTENT OF COMPLAINTS,
RECEIVING INFORMATION, DOCUMENTS
Article 19. Recording the Content of Complaints
1. When the complainant submits a complaint letter clearly and fully in accordance with Clause 2 of Article 19 of the Law on Complaints, the citizen reception officer shall determine the content of the case and the complainant's request to handle it appropriately.
If the content of the complaint letter is unclear or incomplete, the citizen reception officer shall request the complainant to rewrite the letter or supplement the missing or unclear contents.
2. In cases where there is no complaint letter, the citizen reception officer shall guide the complainant to write a complaint letter according to the contents prescribed in Clause 2 of Article 19 of the Law on Complaints.
If the complainant presents the content directly, the citizen reception officer shall record fully, truthfully, and accurately the content of the complaint; for any unclear content, the officer shall request the complainant to provide additional information, then read it back to the complainant and ask them to sign or affix their fingerprint to confirm the content as prescribed in Clause 2 of Article 19 of the Law on Complaints.
3. In cases where multiple people come to file complaints about the same content, the citizen reception officer shall guide the complainants to elect a representative to present the content of the complaint. The citizen reception officer shall record the content of the complaint in writing as prescribed in Clause 2 of Article 9 of the Law on Complaints.
4. In cases where the complaint letter contains content related to appeals or suggestions, reflections, the citizen reception officer shall guide the citizens to write separate complaint letters to file complaints with competent authorities, organizations, or units in accordance with the law.
Article 20. Accepting Information, Documents, and Evidence Provided by the Complainant
When accepting information, documents, and evidence provided by the complainant, the citizen reception officer must issue a Receipt Form, following Model Number 02-TCD issued together with this Circular, specifying each type of information, document, and evidence, the condition of the information, document, and evidence, and the confirmation of the provider. The Receipt Form is made in three copies, one copy given to the complainant, one copy kept in the file, and one copy retained by the citizen reception officer.
Section 3
CLASSIFICATION AND HANDLING OF COMPLAINTS
Article 21. Determining the Content of the Case and the Request of the Complainant
After listening to and recording the content of the complaint, studying the complaint letter and the information, documents, and evidence provided by the complainant, the citizen reception officer must determine the following contents:
1. The location and time when the incident occurred.
2. The person being complained against is which individual, agency, organization, or unit.
3. The content of the complaint and the jurisdiction to resolve it.
4. The process of examination, resolution, and handling by the competent agency, organization, or unit (if any): the agency, organization, or unit that has resolved it, the result of the resolution, the form of the resolution document, and the decision on handling by the competent agency, organization, or unit.
5. The request of the complainant; reasons for continuing the complaint and new information, circumstances, and evidence provided by the complainant in the case of continued complaints.
Article 22. Handling Complaints within Jurisdiction, Not within Jurisdiction
1. If the complaint falls within the jurisdiction of the agency, organization, or unit itself but does not fall under any of the cases prescribed in Clause 2 of Article 20 of the Law on Complaints, the citizen reception officer shall report to the head of the agency, organization, or unit to accept and resolve the complaint in accordance with Point a, Clause 1 of Article 20 of the Law on Complaints. The proposal to accept the complaint letter is carried out according to Model Number 03-TCD issued together with this Circular. The acceptance of the complaint letter and related information, documents, and evidence (if any) is implemented in accordance with Article 20 of this Circular.
2. In cases where the complaint does not fall within the jurisdiction of the agency, organization, or unit, the citizen reception officer shall guide the complainant to file the complaint with the competent agency, organization, or unit for resolution, implementing according to Model Number 08-TCD issued together with this Circular.
3. In cases where the complaint falls within the jurisdiction of a subordinate agency, organization, or unit but has exceeded the prescribed time limit without being resolved, the citizen reception officer shall report to the head of the agency, organization, or unit to issue a document requesting the subordinate to resolve it, implementing according to Model Number 09-TCD issued together with this Circular.
4. In cases where the complaint concerns criminal acts, the citizen reception officer shall report to the head of the agency, organization, or unit to carry out procedures to transfer the complaint letter and related documents to the investigation agency or the competent People's Procuracy for resolution.
Article 23. Handling complaints regarding acts of violating laws causing damage or threatening to cause serious damage to state interests, agencies, organizations, and lawful rights and interests of citizens.
In cases where complaints involve acts of violating laws causing damage or threatening to cause serious damage to state interests, agencies, organizations, and lawful rights and interests of citizens, the person receiving citizens must promptly report, advise, and propose measures for the head of the agency, organization, or unit to apply within their authority to prevent or inform relevant competent authorities to take preventive measures and handle the situation promptly.
Article 24. Handling complaints against party members
Complaints against party members who violate regulations and the Party Charter shall be handled in accordance with the provisions of the Central Committee and guidelines of the Central Inspection Commission; Provincial Party Committees, Municipal Party Committees, and Central-affiliated Party Committees.
Article 25. Handling complaints as stipulated in Clause 2, Article 20 of the Law on Complaints
For complaints falling under the cases specified in Clause 2, Article 20 of the Law on Complaints, the person receiving citizens will not accept them, while explaining to the complainant, and if necessary, issue a notice refusing to receive the citizen, following Model No. 01-TCD issued together with this Circular.
Article 26. Handling complaints arising from unsuccessful petitions
For complaints arising from unsuccessful petitions, where citizens switch to complaining about the petition resolution but cannot provide information, documents, or evidence to prove their complaint, the person receiving citizens will explain and guide the citizens to follow the petition procedures as prescribed by the Law on Petitions; they will not accept or propose to handle the complaint. If the citizen does not comply, a notice refusing to receive the citizen will be issued, which will be carried out according to Model No. 01-TCD issued together with this Circular.
Article 27. Monitoring and managing the reception of complainants
After checking and comparing necessary documents for the complaint case and based on the complainant's presentation, the information, documents, and evidence provided by them, the person receiving citizens must enter the information into the citizen reception management software or record it in the "Citizen Reception Book" following Model No. 06-TCD issued together with this Circular, to fully document all contents according to predetermined criteria in columns and sections such as serial number, date of reception, name, address of the complainant, content of the incident, process of examination and resolution by competent agencies, organizations, or units (if applicable), and the complainant's requests and proposals, summary of reception results and handling.
Chapter IV
RECEIVING CITIZENS WITH PETITIONS AND COMPLAINTS
Article 28. Determining the identity of citizens coming to petition and complain
1. When receiving citizens coming to petition and complain, the person receiving citizens requires the citizens to clearly state their name, address, or present identification documents, introduction letters, or power of attorney (if any).
2. In cases where citizens coming to petition and complain do not violate Article 9 of the Law on Citizen Reception, the person receiving citizens will proceed with the reception.
3. In cases where citizens coming to petition and complain violate Article 9 of the Law on Citizen Reception, the provisions of Article 4 of this Circular shall be implemented.
Article 29. Recording the Content of Petitions and Complaints
1. When the petitioner or complainant submits a clear and complete petition or complaint, the civil servant receiving the public must determine the content of the matter and the requirements of the petitioner or complainant to handle it appropriately.
If the content of the petition or complaint is unclear or incomplete, the civil servant receiving the public shall request the petitioner or complainant to rewrite the petition or supplement the missing or unclear contents.
2. In cases where the petitioner or complainant does not have a petition or complaint, the civil servant receiving the public shall guide the petitioner or complainant to write a petition clearly stating the content of the petition or complaint. If the citizen presents directly, the civil servant receiving the public shall record fully, truthfully, and accurately the content of the petition or complaint presented by the citizen; for any unclear content, the civil servant shall request the citizen to provide additional information, then read it back to the citizen and request the citizen to sign or affix their fingerprint to confirm the document.
3. In cases where multiple people come to petition or complain about the same content or if the petition or complaint has signatures from multiple people, the civil servant receiving the public shall guide the petitioners or complainants to elect representatives to present the content of the petition or complaint or to rewrite the petition or complaint. If the citizens present directly, the civil servant receiving the public shall record the content of the petition or complaint in writing.
4. In cases where the petition or complaint contains accusations or complaints, the civil servant receiving the public shall guide the citizen to write a separate petition or complaint to submit to the competent authority according to the provisions of the law.
Article 30. Accepting Information, Documents, and Evidence Provided by Petitioners and Complainants
1. When the petitioner or complainant provides related information, documents, and evidence, the civil servant receiving the public must verify the validity of these documents and evidence.
2. In cases where the petition or complaint falls within the jurisdiction of the head of the agency or unit, after comparing the information, documents, and evidence provided by the petitioner or complainant, the civil servant receiving the public must accept the information, documents, and evidence provided by the petitioner or complainant. The acceptance process is carried out as in the case of accepting information, documents, and evidence provided by the complainant.
Article 31. Classifying and Processing Petitions and Complaints
1. In cases where the petition or complaint falls within the jurisdiction of the agency, organization, or unit itself, the civil servant receiving the public shall report to the competent authority to study, consider, and resolve the issue or assign a department to study, consider, and resolve it. The application form for handling the petition is implemented according to Model No. 03-TCD issued together with this Circular.
2. In cases where the petition or complaint does not fall within the jurisdiction of the agency, organization, or unit, the civil servant receiving the public shall transfer the petition according to Model No. 10-TCD issued together with this Circular or transfer the recorded content of the presentation of the petitioner or complainant to the competent authority for study, consideration, and resolution.
Chapter V
PUBLIC SERVICE OF THE HEAD OF THE ADMINISTRATIVE STATE ORGANIZATION
STATE ADMINISTRATIVE ORGANIZATION
Article 32. Responsibilities of the Head of Administrative State Agencies in Directly Receiving Citizens
1. The head of administrative state agencies shall be responsible for directly receiving citizens on a regular basis and at short notice as prescribed in Clause 2 and Clause 3 of Article 18 of the Law on Receiving Citizens.
2. The head shall directly receive citizens to listen, examine, resolve complaints, denunciations, suggestions, and reflections within their jurisdiction, and direct the examination and resolution of such matters. Through the act of directly receiving citizens, the head of administrative state agencies will understand the situation of complaints, denunciations, suggestions, and reflections, as well as the handling thereof by subordinate agencies and units, thereby taking measures to inspect and urge subordinates in citizen reception work, document processing, and complaint and denunciation resolution.
3. When receiving citizens, if the matter is clear, specific, has a basis, and falls within the jurisdiction for resolution, the head of administrative state agencies must immediately inform the citizen; if the matter is complex and requires further study, the timeframe for resolution and the person to contact for the result should be clearly stated.
4. The act of receiving citizens by the head of administrative state agencies must be recorded in full by staff members assisting with the work and kept at the location where citizens are received. Any directives issued by the head regarding the resolution of complaints, denunciations, suggestions, and reflections during the citizen reception process must be communicated in writing to relevant departments for implementation according to the requirements and content of the directives, and the citizen must be informed of the head's directive.
Article 33. Responsibilities of Relevant Agencies and Units and the State Inspectorate or People's Committee Office in Assisting the Head of Administrative State Agencies in Receiving Citizens
1. Agencies and units related to the content of complaints, denunciations, suggestions, and reflections, and the State Inspectorate or People's Committee Office at the same level shall be responsible for:
a) Selecting and arranging cases for the head of administrative state agencies to receive citizens, except in urgent situations;
b) Preparing all information and documents related to the content of the complaint, denunciation, suggestion, or reflection that the head of administrative state agencies will receive citizens about;
c) Assigning specialized staff to record the content of the citizen reception process, and receive information and documents provided by citizens;
d) Assigning leaders of related specialized agencies and units to accompany the head in receiving citizens to implement tasks assigned by the head of administrative state agencies.
2. Upon completion of the citizen reception process, relevant specialized agencies shall be responsible for assisting the head in preparing written responses to citizens.
In cases involving the responsibility of multiple levels and sectors, the State Inspectorate at the same level shall be responsible for coordinating with relevant agencies, units, and individuals with authority to research and analyze the nature, severity, and causes of the case to propose solutions, while preparing documents for the head of administrative state agencies to respond to citizens.
Chapter VI
IMPLEMENTING PROVISIONS
Article 34. Effective Date
1. This Circular takes effect from December 15, 2014, replacing Circular No. 07/2011/TT-TTCP dated July 28, 2011, of the Government Inspectorate guiding the Citizen Reception Procedure.
2. During implementation, if there are difficulties, obstacles, or new issues arising, relevant agencies, organizations, units, and individuals are requested to promptly reflect them to the Government Inspectorate for appropriate amendments and supplements./.
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