Circular No. 07/2014/TT-TTCP on the procedure for handling complaints, reports, proposals, and reflections

CIRCULAR

Article 24provides the procedure for handling complaints, reports, proposals, and reflections.h

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

Pursuant to the Law Treport No. 03/2011/QH13 dated November 11, 2011;

Pursuant to the Law Tcitizen reception No. 42/2013/QH13 dated November 25, 2013;

pursuant to Decree No. 75/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions of the Law Kon complaints in 2011;

pursuant to Decree No. 76/2012/NĐ-CP dated October 3, 2012 of the Government detailing the implementation of certain provisions of the Law Ton reports in 2011;

The Chief Inspector General promulgates this Circular amending and supplementing certain Articles of Circular No. 07/2013/TT-TTCP dated October 31, 2013 of the Government Inspectorate regarding the procedure for handling administrative complaints,

Cpursuant to Decree No. 64/2014/NĐ-CP dated June 26, 2014 detailing the implementation of certain provisions of the Law Ton citizen reception;

Considering the proposal of the Head of the Legal Department and the Head of the Central Citizen Reception Board,

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").

Article 2. Applicability

This Circular applies to administrative state agencies, persons with authority and responsibility within administrative state agencies, military units, public service organizations, state-owned enterprises in handling complaints, proposals, and reflections; citizens, organizations, and agencies with complaints, proposals, and reflections; citizens with reports.

Article 3. Principles for Handling Complaints

1. The head of administrative state agencies, military units, the head of public service organizations, and state-owned enterprises shall be responsible for organizing centralized receipt, classification, and processing of complaints and must comply with legal regulations, ensuring scientificity, objectivity, accuracy, and timeliness.

2. Complaints received from sources specified in Article 5 of this Circular must be recorded in a logbook or entered into a computer-based database system for management and tracking.

3. Complaints must be sent, transferred, or directed to the competent agency, organization, unit, or individual with the authority and responsibility to resolve them.

Article 4. Definitions

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

1. A complaint is a document containing content presented in a form prescribed by law, sent to a state agency, organization, unit, or person with authority for the purpose of lodging a complaint or report or making a proposal or reflection.

2. Handling complaints involves the state agency, organization, or person with authority, upon receiving a complaint from an individual, agency, or organization, basing their actions on and comparing with legal regulations to accept and resolve if within their jurisdiction, or guiding citizens or transferring the complaint to the competent agency, organization, unit, or person according to legal regulations.

Chapter II

RECEIVING AND CLASSIFYING PETITIONS

Article 5. Receipt of Petitions

Complaints are received from the following sources:

1. Complaints sent through postal services.

2. Complaints directly submitted to the complaint reception department of the agency, organization, or unit; placed in suggestion boxes of the agency, organization, or unit, the Citizen Reception Board, or citizen reception locations.

3. Complaints forwarded by National Assembly deputies, People's Council deputies, the Vietnam Fatherland Front and its member organizations, news media, and other agencies or organizations as prescribed by law.

4. Complaints received and transferred by leaders (heads or deputy heads) of Party and State agencies to the complaint processing department for resolution within their authority.

Article 6. Classification of Petitions

1. Classification based on the content of the complaint, including:

a) Complaints.

b) Reports.

c) Proposals and reflections.

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:

- Complaints written in Vietnamese must clearly indicate the date, month, and year of submission; the name, address, signature, or fingerprint of the submitter.

- Complaints must clearly indicate the name and address of the agency, organization, unit, or individual being complained against; the content and reasons for the complaint; and the demands of the complainant.

- Reports must clearly indicate the content of the report; the agency, organization, unit, or individual being reported against; and the illegal acts being reported.

- Proposals and reflections must clearly indicate the content of the proposal or reflection.

- Complaints not accepted and processed by agencies, organizations, or units according to legal regulations or already processed but the complainant has the right to lodge further complaints or reports according to legal regulations.

b) Unprocessable complaints.

- Complaints that do not meet the requirements set out in point a of this clause.

- Complaints that have been sent to multiple agencies, organizations, units, or individuals, including those sent to the correct agency, organization, unit, or the correct person with authority to resolve.

- Complaints that have been guided once regarding the same content.

3. Classification based on the authority to resolve:

a) Complaints within the authority to resolve of the agency, organization, or unit.

b) Complaints outside the authority to resolve of the agency, organization, or unit.

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

a) Complaints signed by one person.

b) Complaints signed by multiple people (five or more).

5. Classification based on accompanying documents and materials.

a) Complaints accompanied by original documents and materials.

b) Complaints not accompanied by original documents and materials.

6. Classification based on the authority to resolve of the agency, organization, or unit.

a) Complaints within the authority to resolve of administrative state agencies (ministries, ministerial-level agencies, government agencies; People's Committees at all levels and their affiliated agencies or other administrative agencies).

b) Complaints within the authority to resolve of elected bodies, including complaints within the authority of the National Assembly, the Standing Committee of the National Assembly, the Ethnic Council, the Committees of the National Assembly; the Boards of the Standing Committee of the National Assembly, the agencies of the National Assembly and the Standing Committee of the National Assembly; People's Councils at all levels and their Boards.

c) Complaints within the authority to resolve of judicial agencies and enforcement agencies.

d) Complaints within the authority to resolve of political organizations, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations; religious organizations.

đ) Complaints within the authority to resolve of public service organizations.

e) Complaints within the authority to resolve of state-owned enterprises.

Chapter III

HANDLING PETITIONS

Section 1

HANDLING APPEAL PETITIONS

Article 7. Petition within the jurisdiction to resolve

1. A petition within the jurisdiction to resolve and not falling under any of the cases not accepted for resolution as prescribed in Article 11 of the Law on Petitions shall be proposed by the person handling the petition to the head of the agency, organization, or unit to accept and resolve it in accordance with the law. The proposal for acceptance and resolution shall be carried out using Model No. 01 - XLĐ issued together with this Circular.

2. A petition within the jurisdiction to resolve but lacking the conditions for acceptance and resolution shall be responded to or guided based on each specific case to inform the petitioner clearly about the reason for non-acceptance for resolution or to supplement necessary procedures to implement the petition. The response shall be carried out using Model No. 02 - XLĐ issued together with this Circular.

3. A petition within the jurisdiction of a lower level but not resolved within the time limit prescribed by the Law on Petitions shall be reported by the person handling the petition to the head of the agency, organization, or unit for consideration and decision.

Article 8. Petition outside the jurisdiction to resolve

1. A petition outside the jurisdiction to resolve of the head of the agency, organization, or unit shall be guided by the person handling the petition to send the petition to the agency, organization, or unit with the authority to resolve it. Such guidance shall only be provided once to citizens according to Model No. 03 - XLĐ issued together with this Circular.

2. A petition transferred by National Assembly deputies, People's Council deputies, Vietnam Fatherland Front Committee members, other members of the Front, news agencies, or other agencies and organizations as prescribed by law but not within the jurisdiction or responsibility to resolve shall be proposed by the person handling the petition to return the petition along with attached documents (if any) and clearly state the reason to the agency, organization, or individual transferring the petition. The document returning the petition outside the jurisdiction shall be carried out according to Model No. 04 - XLĐ issued together with this Circular.
shall be carried out in accordance with Form No. 04 - XLĐ issued together with this Circular.

Article 9. Petition bearing the names and signatures of multiple persons

1. A petition bearing the names and signatures of multiple persons but not within the jurisdiction to resolve of the agency, organization, or unit shall be guided by the person handling the petition for one petitioner with clear name and address to send the petition to the correct agency, organization, unit, or person with the authority to resolve it. Returning the petition and providing guidance shall be carried out according to Model No. 03 - XLĐ issued together with this Circular.

2. A petition bearing the names and signatures of multiple persons within the jurisdiction to resolve shall be proposed by the person handling the petition to the head of the agency, organization, or unit to accept and resolve it in accordance with the law. The proposal for acceptance and resolution shall be carried out using Model No. 01 - XLĐ issued together with this Circular.

Article 10. Petition accompanied by original documents

In the case where a petition is not accepted for resolution but accompanied by original documents, the agency, organization, or unit receiving the petition must return those documents to the petitioner; if the petition is accepted for resolution, the return of original documents shall be carried out immediately after issuing the decision resolving the petition.

Article 11. Complaints against administrative decisions that have taken legal effect but show signs of violating the law

In cases where there are grounds to believe that the handling of complaints has shown signs of violating the law, affecting the legitimate rights and interests of the complainant or other individuals, agencies, organizations involved, threatening to infringe upon state interests, or new circumstances that change the content of the complaint as stipulated in Article 20 of Decree No. 75/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions of the Law on Complaints, the person handling the complaint must report to the head of the agency, organization, unit for consideration and resolution within their authority, or report to the competent agency, organization, unit for consideration and decision.

Article 12. Complaints against administrative decisions that may cause irreparable consequences

If there are grounds to believe that the implementation of an administrative decision will cause irreparable consequences, the person handling the complaint must promptly report to the head of the agency for consideration and decision to temporarily suspend the implementation of the administrative decision, or recommend the competent authority or person with authority to temporarily suspend the implementation of the administrative decision.

Section 2

HANDLING COMPLAINTS

Article 13. Complaints within the jurisdiction

If the content of the complaint falls within the jurisdiction of the head of the agency, organization, unit for resolution and does not fall under any of the cases specified in Clause 2 of Article 20 of the Law on Complaints, the person handling the complaint reports to the head of the agency, organization, unit for acceptance and resolution according to regulations. The proposal for acceptance and resolution of complaints is carried out according to Form No. 01 - XLĐ issued together with this Circular.

Article 14. Complaints outside the jurisdiction

1. For complaints outside the jurisdiction for resolution, the person handling the complaint proposes to transfer the complaint and accompanying evidence, information, documents (if any) to the competent agency, organization, unit for resolution according to the law as stipulated in Point b, Clause 1 of Article 20 of the Law on Complaints. The transfer of complaints is carried out according to Form No. 05 - XLĐ issued together with this Circular.

2. For complaints within the jurisdiction of the immediate subordinate level but not resolved within the time limit prescribed by the Law on Complaints, the person handling the complaint reports to the head of the agency, organization, unit to issue a document requesting the subordinate level to resolve it.

Article 15. Complaints against Party members

Complaints against Party members who violate regulations, the Party Charter are implemented according to the provisions of the Central Committee and guidelines of the Central Inspection Commission, Provincial Party Committees, Municipal Party Committees, Central-affiliated Party Committees.

Complaints about acts of violating the law causing serious damage or threatening to cause serious damage to state interests, agencies, organizations, and the legitimate rights and interests of citizens.

Complaints about acts of violating the law causing damage, currently causing damage, or threatening to cause serious damage to state interests, agencies, organizations; the health, life, property, reputation of citizens, the person handling the complaint must promptly report, advise, and propose for the head of the agency, organization, unit with authority to apply preventive measures according to the law, or notify the competent agency, organization, unit to apply timely preventive measures and handle according to the law.

Article 17. Complaints arising from unsuccessful complaints

For complaints arising from unsuccessful complaints, if citizens file complaints against those who resolved their complaints but cannot provide information, documents, or evidence to prove their complaints, the competent authorities will not accept and resolve the complaint content.

Article 18. Handling cases of complaints as stipulated in Clause 2 of Article 20 of the Law on Complaints

If the complaints fall under the cases stipulated in Clause 2 of Article 20 of the Law on Complaints, the agency receiving the complaint will not transfer the complaint, nor accept it for resolution, while providing an explanation and returning the complaint to the complainant.

Article 19. Complaints without clear name and address of the complainant but with clear content accompanied by information, documents, and evidence regarding acts of corruption or criminal offenses

Upon receipt of complaints without clear name and address of the complainant but with clear content accompanied by information, documents, and evidence proving the content of complaints about acts of corruption or criminal offenses, the person handling the complaint shall report to the head of the agency, organization, or unit to handle it according to the laws on preventing and combating corruption and criminal procedure.

Article 20. Confidentiality and protection of the complainant

The person handling the complaint must keep confidential the name, address, handwriting of the complainant as prescribed by law; apply or recommend the competent agencies, organizations, or units to take necessary measures as prescribed by law to protect the complainant and their relatives when requested.

Section 3

HANDLING OTHER TYPES OF COMPLAINTS

Article 21. Petitions and reflections

1. For petitions and reflections within the jurisdiction and responsibility of the agency, organization, or unit to resolve, the person handling the petition shall propose to the head of the agency, organization, or unit to accept and resolve the petition according to the law. The proposal to accept the petition and reflection is carried out according to Model 01 - XLĐ issued together with this Circular.

2. For petitions and reflections outside the jurisdiction of the agency, organization, or unit to resolve, the person handling the petition shall propose to the head of the agency, organization, or unit to consider and decide on transferring the petition and accompanying documents (if any) to the competent agency, organization, unit, or person for resolution according to the law. The transfer of petitions and reflections is carried out according to Model 06 - XLĐ issued together with this Circular.

Article 22. Petitions with multiple contents

For petitions with multiple contents within the jurisdiction of different agencies, organizations, or units to resolve, the person handling the petition shall guide the sender to separate each content and send them to the competent agency, organization, or unit for resolution. The guidance is carried out according to Model 07 - XLĐ issued together with this Circular.

Article 23. Petitions within the jurisdiction of judicial and enforcement agencies

For petitions within the jurisdiction of criminal, civil, administrative proceedings, and enforcement agencies, the person handling the petition shall guide the submission or transfer of the petition to the competent agency for resolution according to the laws on criminal, civil, administrative proceedings, and enforcement.

Article 24. Petitions within the jurisdiction of people's bodies

For petitions within the jurisdiction of people's bodies, the person handling the petition shall guide the petitioner to submit the petition or transfer it to the competent authority for resolution in accordance with the provisions of the law.

Article 25. Petitions within the jurisdiction of political organizations, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations, religious organizations

For petitions related to the internal organization and activities of political organizations, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations, religious organizations, the person handling the petition shall report to the head of the agency, organization, or unit to guide the petitioner to submit the petition or transfer it to the competent organization for consideration and resolution in accordance with the provisions of the law and the Charter, Regulations of that organization.

Article 26. Petitions within the jurisdiction of public service units, state-owned enterprises

For petitions related to the internal organization and activities of public service units, state-owned enterprises, the person handling the petition shall report to the head of the agency, organization, or unit to guide the petitioner to submit the petition or transfer it to the relevant public service unit or state-owned enterprise for resolution in accordance with the provisions of the law.

Article 27. Petitions for complaints, reports, proposals, reflections on complex cases

For complex, serious petitions involving many people, or cases related to ethnic policies, religious policies, the person handling the petition must report to the head of the agency, organization, or unit to take appropriate measures within their authority to promptly resolve the issue or request other relevant agencies, organizations, or units to apply measures to resolve the matter.

Chapter IV

MANAGEMENT, MONITORING, INSPECTION, AND URGENCY IN PETITION RESOLUTION

PETITIONS FOR COMPLAINTS, REPORTS, REFLECTIONS, AND PROPOSALS

Article 28. Classification and storage of petitions

1. The classification and storage of petitions shall be applied to the following types:

a) Petitions for complaints as specified in point b, Clause 2, Article 6 of this Circular.

b) Petitions for complaints that have exceeded the time limit or statute of limitations as prescribed by law.

c) Petitions for complaints that have been resolved by a decision with legal effect; conclusions on the content of reports and decisions on the handling of reports that have legal effect without new content or circumstances that could change the previously resolved content.

d) Ripped or erased petitions that cannot be read.

2. The retention period for the types of petitions mentioned in Clause 1 of this Article is one year, and the destruction of petitions shall be decided by the head of the agency, organization, or unit.

Article 29. Management and Monitoring

1. Agencies, organizations, units, and persons authorized to handle petitions must respond to agencies, organizations, units, or persons who have transferred the petitions in accordance with the provisions of the law and this Circular.

2. Petitions received from sources as prescribed in this Circular must be numbered sequentially in a logbook or entered into a computer database system for retrieval, management, and monitoring by the receiving agency, organization, or unit. The storage of the logbook and backup of data on computers, as well as information retrieval, shall be carried out in accordance with the laws on archiving, the Ordinance on State Secrets Protection, and the List of Secrets to be Protected in the sector.

Agencies, organizations, and units need to implement measures to promote the application of information technology in the management and monitoring of petitions for complaints, reports, proposals, and reflections.

Article 30. Inspection and Urging the Handling of Complaints, Reports, Petitions, and Reflections

The State Inspectorate at all levels shall be responsible for assisting the heads of state management agencies at the same level in the following matters:

1. Inspecting and urging the handling of complaints, reports, petitions, and reflections.

2. Periodically every six months or annually, chairing coordination meetings with agencies authorized to handle complaints, reports, petitions, and reflections to report on the situation, draw lessons, and discuss cooperative measures.

Chapter V

IMPLEMENTING PROVISIONS

Article 31. Responsibility for Implementation

1. The Ministers, Heads of ministerial-level agencies, Heads of government agencies; Chairpersons of People's Committees at all levels; related agencies, organizations, units, and individuals shall be 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, reflections, and petitions related to agencies, organizations, and units within the people's armed forces.

Article 32. Effectiveness

1. This Circular takes effect from December 15, 2014, replacing Circular No. 04/2010/TT-TTCP dated August 26, 2010, issued by the Government Inspector General, which stipulates the procedures for handling complaints, reports, reflections, and petitions related to complaints and reports.

2. In the course of implementation, if there are difficulties, obstacles, or new issues arising, it is requested that related agencies, organizations, units, and individuals promptly reflect these to the Government Inspectorate for appropriate amendments and supplements./.