Directive No. 07/CT-NH3 On Strengthening Citizen Reception Work and Handling Complaints and Petitions in the Banking Sector

DIRECTIVE

OF THE GOVERNOR OF THE STATE BANK OF VIETNAM

On strengthening the work of
receiving citizens, handling complaints and denunciations from citizens
in the banking sector

In recent years, implementing the Ordinance on Complaints and Denunciations (KN, TC) of citizens and guiding directives of the Government, the State Audit Office, and the Governor of the State Bank (SB) issued Circular No. 17/TTNH3 dated December 30, 1992 to guide the handling of KN, TC in the Banking Industry (BI). Generally, during this period, the work of receiving citizens, examining and resolving KN, TC of citizens has achieved certain results.

However, in many units within the BI, the handling of initial KN, TC as well as subsequent ones still has some shortcomings. The situation of letters sent beyond the level remains high, the effectiveness in examining and resolving KN, TC is limited. The inspection work on the implementation of the Ordinance on KN, TC of citizens is not regular, information reporting is not timely. The work of receiving citizens for KN, TC is not sufficiently emphasized, there is no allocation of capable and experienced staff for this task, in some places, citizens still have to make multiple visits. Many units and leadership levels have not paid sufficient attention; they have not complied with the procedures and formalities stipulated in the Ordinance on complaints and denunciations of citizens; the handling is not prompt and thorough; there are signs of shirking responsibility, avoiding confrontation, and fearing loss of achievements.

To address these issues and improve the handling of KN, TC in the industry, the Governor of the SB requires the heads of all units in the industry to implement the following matters:

1. Immediately rectify the work of receiving citizens in accordance with the spirit of Directive No. 18/TTg dated January 15, 1993, of the Prime Minister on organizing the reception of citizens and handling complaints and denunciations: Each unit must have a dedicated location (a separate reception room) and necessary facilities; appoint competent and experienced staff to handle citizen reception; unit leaders must schedule regular reception times; transaction areas must have suggestion boxes and signs directing to the reception room. Citizen reception must be linked to the timely and effective resolution of their complaints and denunciations and be the responsibility of the heads of units.

2. Unit heads must pay special attention to the work of handling complaints and denunciations from citizens; enhance their sense of responsibility, perform their duties according to their authority in examining and resolving complaints and denunciations; organize reviews of pending complaint and denunciation letters from before until now, especially those related to loans secured by collateral and savings deposits; focus on resolving and concluding prominent cases in the third quarter of 1997.

3. Handling of complaints and denunciations must be carried out strictly in accordance with the procedures and formalities prescribed by law, adhering to the deadlines set forth in Articles 22 and 36 of the Ordinance on Resolving Complaints and Denunciations of Citizens. For complaints and denunciations within the initial jurisdiction (at the place where the incident occurred), unit heads may not neglect, shirk responsibilities, or fail to resolve and respond to complainants due to personal motives or purposes. For complaints and denunciations outside their jurisdiction, unit heads must promptly transfer them to the competent authorities for examination and resolution as prescribed by law, without causing delays.

4. Implement measures to continue and conclude the handling of complaint letters within their jurisdiction that have been resolved but lack a decision, so that citizens have grounds to initiate administrative litigation or seek resolution from competent agencies. At the same time, resolve complaints from citizens regarding decisions on complaints and denunciations made by lower-level authorities.

5. During the process of handling complaints and denunciations, when concluding that the staff being complained about have violated policies and professional regulations, disciplinary actions must be taken promptly and seriously in accordance with the spirit of Directive No. 01/CT-NH3 dated March 19, 1997, of the Governor of the SB on strengthening anti-corruption efforts in the banking industry; Circular No. 756/CV-NH3 dated December 16, 1996, on rectifying banking activities; and Circular No. 452/CV-TCCB dated May 5, 1997, on dealing with issues concerning staff after inspections. If economic penalties (recovery for the state or repayment to citizens...) are imposed, they must be executed immediately, and a department assigned to monitor and urge compliance with the decision. If any individual or unit fails to comply, the agency issuing the decision to resolve the matter shall apply specific measures within its authority to compel the subject to comply or refer the matter to competent agencies for handling in accordance with the law to ensure enforcement of the decision.

6. Chairmen of the Board of Directors, General Directors, and Directors of credit organizations must closely direct the handling of complaint letters within their units, and at the same time, be responsible for promptly resolving denunciations against Directors, Deputy Directors, Chief Accountants, and Internal Auditors of units under their direct management. While resolving, they should coordinate with the Heads of Inspection Departments of SB Branches in their regions and report the results of resolution to the Branch Directors. Additionally, they should immediately review letters from lower levels that have been resolved but are not accepted by the parties and continue to be appealed to higher levels.

During the process of resolving complaints and denunciations, attention must be paid to confidentiality as stipulated in Decision No. 681/TTg dated November 15, 1994, of the Prime Minister on the list of state secrets in the banking industry; Decision No. 299/QĐ-NH14 dated November 26, 1994, of the Governor of the SB on regulations for protecting state secrets in banking operations. Cases deemed serious and likely to cause significant consequences must be reported immediately to the Central SB (through the Inspection Department) for timely handling.

7. The Central SB Inspection Department and the SB Branch Inspection Departments must focus on the following tasks:

Directing, training, and guiding staff in the industry on citizen reception and handling complaint letters, and conducting inspections on the responsibility of unit heads in the industry regarding the implementation of the Ordinance on Complaints and Denunciations of Citizens, the results of citizen reception work, and the content and quality of case resolution.

Strictly implement administrative penalties for violations in the banking sector according to Decree No. 18/CP dated February 24, 1997 of the Government; clarify the responsibility of individuals and units that have handled complaints and petitions not in accordance with the provisions of the law, misrepresenting the essence of the matter, thereby affecting the rights and legitimate interests of the complainants and petitioners.

Fulfill the advisory function and resolve cases within the authority of the Governor or the Director of the State Bank Branch.

Coordinate with Departments, Bureaus, and related organizations to promptly resolve cases as directed by the Governor.

Must proactively address cases where the heads of banking units at a lower level have resolved but the parties involved have not accepted and continue to submit appeals to higher levels.

9. Units must strictly and timely fulfill the regular reporting system on public reception work and the results of handling citizens' complaints and petitions as prescribed by the Government, the National Inspectorate, and the Governor of the State Bank of Vietnam.

The Chief Inspector of the State Bank shall be responsible for guiding, monitoring, urging, and inspecting the implementation; the heads of units must organize the dissemination and thorough understanding of this Directive to all staff members in their units.