Circular No. 13/2021/TT-BTP on the procedures for handling and resolving complaints, reports, and appeals in civil enforcement proceedings

CIRCULAR

Regulations on the procedures for handling and resolving complaints, reports,

suggestions, reflections in civil enforcement proceedings

_________________

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

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

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

Pursuant to the Civil Enforcement Law dated November 14, 2008; the Law Amending and Supplementing Certain Provisions of the Civil Enforcement Law dated November 25, 2014;

On the basis of Decree No. 96/2017/NĐ-CP dated August 16, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Decree No. Decree No. 62/2015/NĐ-CP dated July 18, 2015 of the Government detailing and guiding the implementation of certain provisions of the Civil Enforcement Law; Decree No. 33/2020/NĐ-CP dated March 17, 2020 of the Government amending and supplementing certain provisions of Decree No. 62/2015/NĐ-CP;

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

Decree No. Decree No. 124/2020/NĐ-CP dated October 19, 2020 of the Government detailing certain provisions and measures for implementing the Law on Petitions;

At the proposal of the Director of the Civil Enforcement General Department;

The Minister Ministry of Justice issues this Circular to prescribe the procedures for handling and resolving complaints, reports, suggestions, reflections in civil enforcement proceedings.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular prescribes the procedures for receiving, classifying, handling, and resolving complaints, reports, suggestions, reflections in civil enforcement proceedings.

Article 2. Applicability

1. Civil enforcement agencies; civil enforcement management agencies and other competent agencies under the Ministry of Justice in receiving, classifying, handling, and resolving complaints, reports, suggestions, reflections in civil enforcement proceedings.

2. Agencies, organizations, individuals with complaints, reports, suggestions, reflections in civil enforcement proceedings.

Article 3. Explanation of Terms

1. Civil enforcement complaint is the act of the parties, persons with rights and obligations related to civil enforcement proceedings requesting the competent authority to review decisions, actions of the head of the civil enforcement agency, enforcement officer if there is evidence that such decisions, actions are contrary to the law, infringing upon their lawful rights and interests.

2. Civil enforcement report is the act of an individual informing the competent agency, organization, or individual about the violation of the law by the head of the civil enforcement agency, enforcement officer, and other civil servants involved in civil enforcement proceedings causing damage or threatening to cause damage to the interests of the State, rights, and lawful interests of agencies, organizations, or individuals in civil enforcement proceedings.

3. Suggestions and reflections on civil enforcement is the act of individuals, agencies, organizations providing information, expressing opinions, wishes, proposing solutions to the competent authority regarding issues related to the implementation of policies, laws, management work in civil enforcement proceedings.

4. Complainant is the party, person with rights and obligations related to civil enforcement proceedings.

5. Reporter is an individual exercising the right to report on civil enforcement proceedings.

6. Respondent in a complaint is the head of the civil enforcement management agency under the Ministry of Justice, the head of the civil enforcement agency, enforcement officer who has made decisions or actions in civil enforcement proceedings being complained about.

7. Respondent in a report is the head of the civil enforcement agency, enforcement officer, other civil servants involved in civil enforcement proceedings who have made decisions or actions in civil enforcement proceedings being reported.

8. Competent authority to resolve complaints and reports is the head of the civil enforcement agency, the head of the civil enforcement management agency under the Ministry of Justice, the Minister of Justice.

9. Handling complaints, reports, suggestions, reflections is the act of receiving, classifying, and registering for resolution or guiding, transferring the complaint to the competent authority for examination and resolution in accordance with the law.

10. Resolving complaints and reports is the act of registering, investigating, concluding, and issuing a decision to resolve the complaint or concluding the content of the report.

Article 4. Principles for handling and resolving complaints

Handling and resolving complaints must ensure accuracy, objectivity, timeliness, compliance with jurisdiction, procedures, and formalities as prescribed by laws on civil enforcement and laws on complaints and denunciations; ensuring the rights and legitimate interests of agencies, organizations, individuals, and those with vested interests related to civil enforcement matters.

Chapter II

RECEIVING, CLASSIFYING, HANDLING, AND RESOLVING

COMPLAINTS, DENUNCIATIONS, PETITIONS, AND REPORTS

Section 1

RECEIVING AND CLASSIFYING

Article 5. Receipt of Petitions

1. Petitions shall be received from the following sources:

a) Complaints directly submitted by agencies, organizations, or individuals through the complaint reception department, suggestion mailboxes, at the citizen reception points of the agency or unit, or presented directly to authorized persons shall be recorded in writing; information reported through hotlines shall be recorded in writing; suggestions and reports from the National Public Service Portal, the Ministry of Justice's Electronic Information Portal, the Civil Enforcement Electronic Information Portal, and the Civil Enforcement Online Support Software shall be recorded in writing or accompanied by written documents;

b) Complaints transferred from Party and State leaders, Party and State agencies, National Assembly deputies, Delegations of National Assembly Members, People's Council deputies, Vietnam Fatherland Front Committees, news agencies, and other agencies;

c) Complaints received via postal services.

2. Complaints received from sources specified in Clause 1 of this Article must be entered into a logbook or inputted into a computer database system for management and tracking. The storage of logbooks and data backup on computers shall be carried out in accordance with the provisions of the law.

Article 6. Classification of Petitions

1. Complaints received from sources as stipulated in Clause 1 of Article 5 of this Circular shall be classified as follows:

a) Classified by content including complaints, denunciations, petitions, and reports;

b) Classified by processing conditions including complaints that meet the conditions for acceptance and complaints that do not meet the conditions for acceptance;

c) Classified by resolution authority including complaints within the resolution authority and complaints outside the resolution authority;

d) Classified by the number of signatories or fingerprinters including complaints signed or fingerprinted by one person and complaints signed or fingerprinted by multiple people.

2. For complaints containing various contents of complaints, denunciations, petitions, and reports, each content shall be separated for handling and resolution in accordance with the laws on complaints and denunciations and this Circular.

Section 2

HANDLING AND RESOLVING COMPLAINTS

Article 7. Authority to resolve complaints

1. The head of the civil enforcement agency at the district level shall resolve the following complaints:

a) Complaints against decisions or actions of the Deputy Head of the civil enforcement agency at the district level when performing the duties and powers of an Enforcement Officer;

b) Complaints against decisions or actions of Enforcement Officers under the management of the civil enforcement agency at the district level.

2. The head of the civil enforcement agency at the provincial level shall resolve the following complaints:

a) Complaints against decisions or actions of the Deputy Head of the civil enforcement agency at the provincial level when performing the duties and powers of an Enforcement Officer;

b) Complaints against decisions or actions of Enforcement Officers under the management of the civil enforcement agency at the provincial level;

c) Complaints against decisions or actions of the head of the civil enforcement agency at the district level;

d) Complaints against the decision to resolve complaints made by the head of the civil enforcement agency at the district level. The decision to resolve complaints made by the head of the civil enforcement agency at the provincial level shall take effect.

3. The head of the civil enforcement management agency under the Ministry of Justice shall resolve the following complaints:

a) Complaints against decisions or actions of the head of the civil enforcement agency at the provincial level;

b) Complaints against the decision to resolve complaints made by the head of the civil enforcement agency at the provincial level. The decision to resolve complaints made by the head of the civil enforcement management agency under the Ministry of Justice shall take effect.

4. The Minister of Justice shall resolve the following complaints:

a) Complaints against the decision to resolve complaints made by the head of the civil enforcement management agency under the Ministry of Justice as stipulated in point a of Clause 3 of this Article. The decision to resolve complaints made by the Minister of Justice shall take effect;

b) In necessary cases, the Minister of Justice has the right to review a decision to resolve complaints that has taken effect as stipulated in Clause 2 and Clause 3 of this Article if there is evidence indicating that the decision to resolve complaints seriously violates the law or new circumstances have emerged that fundamentally change the content of the case.

Article 8. Handling Complaints

Within five working days from the date of receipt of the complaint, the competent authority shall handle it as follows:

1. In cases where the complaint falls within the jurisdiction to resolve as prescribed in Article 142 of the Civil Enforcement Law and Clause 7 of this Circular, the complaint shall be accepted for resolution; if the complaint does not meet the conditions for acceptance, there shall be a written response informing the complainant of the reasons or guiding the complainant to supplement relevant information and documents related to the complaint to be accepted for resolution.

2. In cases where the complaint falls within the jurisdiction of another civil enforcement agency, it shall be transferred to the competent civil enforcement agency for resolution in accordance with the regulations and notified to the complainant.

3. In cases where the complaint does not fall within the jurisdiction or has already been resolved by a decision that is enforceable, it shall not be accepted but there must be a written guidance or response informing the complainant. The guidance or response shall only be carried out once. No consideration or acceptance for resolution shall be made regarding complaints about guidance or responses.

4. In cases of retaining the complaint:

a) The complaint has been transferred, guided, responded to, and resolved according to the provisions of the law, but the party continues to submit a complaint with the same content;

b) The complaint is anonymous, uses another person's name, lacks a clear address, claims to represent a collective, or does not have the signature or fingerprint of the complainant;

c) The complaint is written in a foreign language without an authenticated translation;

d) The complaint contains content opposing the Party's policies, state policies, and laws, or content dividing national unity, religion;

đ) The complaint contains vulgar language, defamation, or insults to the reputation and credibility of individuals, agencies, or organizations;

e) The complaint is torn, the writing has been erased, unclear, or illegible;

g) The complaint is simultaneously sent to multiple agencies, including those with the authority to resolve;

h) The complaint does not clearly identify the respondent or the complained act, and after inviting the complainant twice to clarify the content of the complaint or requesting the provision of information and documents, the complainant does not attend or provide them without a valid reason.

The retention period for the complaint is one year; upon expiration of the retention period, the decision on the destruction of the complaint shall be made in accordance with the law.

5. In cases where the complaint concerns the non-acceptance of the resolution of the lower-level civil enforcement agency, the competent authority shall handle it as follows:

a) If the non-acceptance of the resolution of the lower-level civil enforcement agency is based on grounds, there shall be a written response to the complainant;

b) If the content of the complaint falls within the jurisdiction of the lower-level civil enforcement agency and meets the conditions for acceptance, there shall be a written directive to the lower-level civil enforcement agency to resolve in accordance with the regulations, while notifying the complainant.

6. The complainant may file a complaint themselves or authorize a lawyer, legal aid officer, or authorize another person with full capacity for civil acts to carry out the complaint. The authorization must be in writing and certified or notarized. In cases where the complainant is a minor or a person lacking capacity for civil acts, their legal representative shall carry out the complaint.

Article 9. Accepting Complaints, Requests for Reports, Explanations, and Provision of Case Files and Documents

1. Within five working days from the date of receipt of the first complaint, ten working days from the date of receipt of the second complaint, if it falls within the jurisdiction to resolve and does not fall under the cases prescribed in Article 141 of the Civil Enforcement Law, the competent authority must accept and resolve the complaint and notify the complainant in writing.

The competent authority resolving complaints shall issue a separate acceptance notice for each complaint. In cases where multiple people file complaints on the same matter at the same time, the competent authority shall issue a joint acceptance notice accompanied by a list of the complainants.

2. Implementation of Reporting, Explanation, and Provision of Case Files and Documents:

Within two working days from the date of issuance of the acceptance notice, the complaint resolver shall request the person complained against to provide a written report and explanation, and to supply case files.

a) For enforcement officers, the deadline for implementation is no more than two working days from the date of receipt of the request;

b) For subordinate civil enforcement agencies, the deadline for providing reports, explanations, and supplying case files and documents is no more than five working days from the date of receipt of the written request. Simultaneously with issuing the request letter via postal service or through the national electronic document transmission system, the complaint resolver may also use telephone, fax, or email, etc., to request the civil enforcement agency to implement;

c) The head of the civil enforcement management agency under the Ministry of Justice, and the head of the civil enforcement agency requested must provide reports and explanations and be responsible for the truthfulness, completeness, and accuracy of the reports, case files, and documents. Copies of case files and documents must be indexed and confirmed by the head of the agency.

3. If the content of the complaint, the reported explanation of the person complained against, and related case files and documents are clear, with sufficient legal grounds for conclusion and resolution, the complaint resolver shall immediately issue a decision to resolve the complaint.

Article 10. Withdrawal of Complaints and Resolution of Complaints in Cases of Suspension, Temporary Stay, or Termination of Enforcement or When the Complainant Is a Deceased Individual

1. If the complainant withdraws part or all of the complaint, within five days from the date of receipt of the withdrawal request, the complaint resolver shall terminate the resolution process for the withdrawn complaint content and notify the complainant. The withdrawal of the complaint must be in writing. If the complainant refiles a complaint within thirty days from the date of the termination notification, the competent authority shall accept and resolve the complaint according to regulations.

If the complainant withdraws a complaint that has not yet been accepted for resolution, the competent authority will not consider the withdrawn complaint content, notify the complainant, and retain the complaint.

2. If the enforcement action is suspended, temporarily stayed, or terminated, the complaint resolver shall continue to resolve the complaint if the complaint content is unrelated to the suspension, temporary stay, or termination of enforcement.

3. If the complainant dies during the complaint resolution process, the complaint resolver shall terminate the resolution process for the deceased. If the rights and obligations regarding enforcement are inherited according to the law, the heir has the right to file a complaint; the heir must present proof of inheritance when filing a complaint.

Article 11. Verification of Complaint Content and Organizing Dialogue

In cases where it is necessary to verify and conduct direct dialogue at the local level or at relevant agencies and organizations to resolve complaints, the complaint resolver shall issue a decision to establish a verification team; The verification team is responsible for developing a work plan and assigning specific tasks to its members for verification and dialogue.

The verification and dialogue must be recorded in a minutes document, clearly stating the time, location, participants, and content of the work. The minutes of the work must have the signatures of representatives from all parties involved in the verification and dialogue.

During the verification and dialogue process, if information, documents, or evidence are directly received to serve the complaint resolution process, a handover record must be established, clearly detailing the condition of the various types of evidence and documents.

Upon completion of the verification and dialogue, the verification team must report the results of the complaint verification in writing to the complaint resolver.

Article 12. Organizing Meetings, Exchanging Opinions with Relevant Agencies, Organizations, and Individuals, Requesting Appraisals, or Applying Necessary Measures

1. In cases where the matter has a complex nature, involves legal issues, or differing viewpoints on resolution, the complaint resolver may organize meetings and exchange opinions with relevant agencies, organizations, and individuals; seek guidance from superiors; request appraisals or take other necessary measures.

2. The complaint resolver decides to request an appraisal when deemed necessary or upon the request of the complainant, the person being complained against, and relevant agencies or organizations.

Article 13. Issuing a Decision to Resolve the Complaint

1. After receiving the results of the verification, dialogue, or appraisal request (if applicable), the complaint resolver must issue a decision to resolve the complaint within the time limit specified in Article 146 of the Civil Enforcement Law.

2. In remote areas with difficult transportation and complex cases requiring verification, examination, dialogue, appraisal requests, organizing meetings, exchanging opinions with relevant agencies, organizations, and individuals, or taking other necessary measures as prescribed by law, the deadline may be extended but not exceeding 30 days from the date the complaint resolution period expires.

3. The complaint resolver issues one decision to resolve the complaint for each accepted complaint resolution notice.

Article 14. Sending, Publicizing, Urging, Monitoring, and Inspecting the Implementation of the Decision to Resolve the Complaint

1. Within three working days from the date of issuing the first complaint resolution decision, seven working days from the date of issuing the second complaint resolution decision, the complaint resolver is responsible for sending the complaint resolution decision to the complainant, the person being complained against, the immediate superior agency, the People's Procuracy at the same level, relevant agencies, organizations, and individuals.

2. Within fifteen days from the date of issuing the complaint resolution decision, the second-level complaint resolver is responsible for publicizing the complaint resolution decision in one of the following forms:

a) Announcing at a meeting of the agency where the person being complained against works;

b) Posting at the office premises or the reception area for citizens of the agency that resolved the complaint;

c) Notifying through mass media or the website of the agency that resolved the complaint.

3. Urging, monitoring, and inspecting the implementation of the effective complaint resolution decision.

a) Responsibilities of the complaint resolver

The complaint resolver is responsible for urging, monitoring, and inspecting relevant agencies, organizations, and individuals to implement the effective complaint resolution decision.

b) Responsibilities for implementing the complaint resolution decision

The head of the civil enforcement management agency under the Ministry of Justice, or the civil enforcement agency assigned to implement the complaint resolution decision, is responsible for implementing it and reporting back to the complaint resolver.

Section 3

HANDLING AND RESOLVING COMPLAINTS AND REPORTS OF VIOLATIONS

Article 15. Competence and Time Limit for Handling Complaints

1. The head of the civil enforcement agency shall be responsible for handling complaints regarding violations of laws by deputy heads of the civil enforcement agency when performing the duties and powers of an enforcement officer or other civil servants engaged in civil enforcement work.

2. The head of the superior civil enforcement agency or the head of the civil enforcement management agency under the Ministry of Justice shall be responsible for handling complaints regarding violations of laws by the head or deputy head of the civil enforcement agency when performing assigned or delegated duties and powers.

3. The competence to handle complaints regarding violations of laws by the head, enforcement officers, and other civil servants engaged in civil enforcement work who have been transferred to another agency or organization, or who are no longer civil servants; violations of laws by the head, enforcement officers, and other civil servants engaged in civil enforcement work of a civil enforcement agency that has been merged, divided, separated, or dissolved shall be handled according to the provisions of Clause 3, Clause 4, and Clause 5 of Article 12 of the Law on Complaints.

4. The head of the superior agency that resolved the complaint shall be responsible for rehandling the complaint case according to the provisions of Clause 3 of Article 37 of the Law on Complaints if the complainant has grounds to believe that the resolution of the complaint was not in accordance with the law and continues to file a complaint.

5. The time limit for handling complaints shall be implemented according to the provisions of Clause 2 of Article 157 of the Civil Enforcement Law.

Article 16. Handling Complaint Letters

1. Within seven working days from the date of receipt of the letter, the person authorized to handle the complaint shall issue a decision to accept the complaint. In cases where verification or investigation is required or delegated to an authorized agency or organization, this period may be extended but shall not exceed ten working days. If the conditions for acceptance are not met as stipulated in Article 29 of the Law on Complaints, the authorized person shall not accept the complaint and immediately notify the complainant of the reasons for non-acceptance.

When necessary, the person authorized to handle the complaint may directly meet with the complainant to clarify the content of the complaint and related issues before accepting and resolving the complaint.

2. If the complaint letter does not fall within the jurisdiction, it shall be transferred to the competent authority for resolution within five working days from the date of receipt and the complainant shall be notified.

3. In cases of retaining the complaint letter:

a) The complaint letter has been forwarded, guided, responded to, or resolved according to the law, but the party continues to submit a letter with the same content;

b) The letter lacks the name, address of the complainant, or lacks the signature or fingerprint of the complainant;

c) The complaint is written in a foreign language without an authenticated translation;

d) The complaint contains content opposing the Party's policies, state policies, and laws, or content dividing national unity, religion;

đ) The complaint contains vulgar language, defamation, or insults to the reputation and credibility of individuals, agencies, or organizations;

e) The complaint is torn, the writing has been erased, unclear, or illegible;

g) The letter, upon verification and investigation, cannot identify the complainant or the complainant uses someone else's name to file a complaint; the complaint does not comply with the form prescribed in Article 22 of the Law on Complaints;

h) The letter is simultaneously sent to multiple agencies, including the competent agency for resolution;

i) The letter lacks clear content, and the complainant has been legally invited twice to clarify the content of the complaint or has been requested to provide information or documents, but the complainant did not attend or provide them without a valid reason.

The retention period for the complaint is one year; upon expiration of the retention period, the decision on the destruction of the complaint shall be made in accordance with the law.

4. In cases where the complained act indicates criminal offenses, the person authorized to handle the complaint shall prepare a document transferring the complaint letter and accompanying files to the competent investigative agency or public prosecutor for handling according to the law.

5. In cases where the complaint letter lacks the name and address of the complainant; upon verification and investigation, the complainant cannot be identified or the complainant uses someone else's name to file a complaint; the content of the complaint does not comply with the form prescribed in Article 22 of the Law on Complaints but clearly identifies the violator, has specific evidence, and there is a basis for verification, then it shall be investigated according to the authority or transferred to the competent authority for investigation to serve management purposes.

6. During the handling process, agencies, organizations, and individuals shall be responsible for keeping confidential the information of the complainant and the content of the complaint according to the law. If the complainant requests protection, they shall request the competent authority to consider and resolve according to the law.

Article 17. Acceptance of Complaints

1. The competent authority shall issue a decision to accept complaints in accordance with the provisions of Article 29 of the Law on Complaints.

In cases where the complaint arises from a petition matter that has been resolved within the scope of authority, in accordance with the procedures and formalities prescribed by law, but the petitioner disagrees and transfers the matter to a complaint against the person who resolved the petition, the complaint shall only be accepted if the complainant provides information, documents, and evidence to establish that the person resolving the petition has violated the law.

If the complainant files a subsequent complaint, the competent authority shall review and resolve the complaint matter again within twenty days from the date of receipt of the subsequent complaint if there is one of the grounds specified in Clause 3, Article 37 of the Law on Complaints, or shall not resolve it again if the previous resolution of the complaint was in accordance with the law and notify the complainant thereof.

If the complaint remains unresolved beyond the prescribed time limit, the head of the higher-level civil enforcement agency, or the head of the civil enforcement management agency under the Ministry of Justice shall direct its resolution or resolve it directly in accordance with the provisions of Article 38 of the Law on Complaints and Article 5 of Decree No. 31/2019/NĐ-CP dated April 10, 2019 of the Government detailing certain provisions and measures for organizing the implementation of the Law on Complaints.

2. Within five working days from the date of issuing the decision to accept the complaint, the person resolving the complaint must notify the acceptance to the complainant and inform the accused of the content of the complaint.

Article 18. Withdrawal of Complaints, Temporary Suspension, and Termination of Complaint Resolution

1. The complainant has the right to withdraw part or all of the content of the complaint before the competent authority issues a conclusion on the content of the complaint. The withdrawal of the complaint must be made in writing.

If the complainant withdraws the entire content of the complaint, the competent authority shall issue a decision to terminate the resolution of the complaint. If the complainant withdraws part of the content of the complaint, the remaining part will continue to be resolved.

If multiple people file a joint complaint and some of them withdraw their complaints, the complaint will still be resolved.

2. If the complainant withdraws the complaint and the competent authority considers that the complained act has signs of violating the law, the complaint matter will still be resolved.

If the complainant withdraws the complaint and there is evidence to determine that the withdrawal of the complaint is due to threats, bribery, or there is evidence to determine that the complainant is exploiting the complaint to slander, insult, and cause damage to the accused, the complaint matter must still be resolved and measures or recommendations for the competent authority to apply measures to protect the complainant, handle those with threatening or bribing behavior, and those with slandering, insulting, or causing damage to the accused according to the law.

3. The competent authority shall issue a decision to temporarily suspend the resolution of the complaint in the following cases:

a) Need to wait for the results of the resolution by another agency, organization, or individual, or wait for the results of the resolution of another related case;

b) Need to wait for the results of additional or re-examination.

4. When the basis for temporarily suspending the resolution of the complaint no longer exists, the competent authority shall immediately issue a decision to continue resolving the complaint. The temporary suspension period does not count towards the resolution deadline.

5. The competent authority shall issue a decision to terminate the resolution of the complaint when there is one of the following bases:

a) The complainant withdraws the entire content of the complaint as stipulated in Clause 1 of this Article, except in the case stipulated in Clause 2 of this Article;

b) The accused is an individual who has died and the content of the complaint only relates to the responsibility of the accused;

c) The matter has already been resolved by a court judgment or decision that has taken legal effect, or a decision that has taken legal effect by an authorized agency, organization, or individual.

6. The decision to temporarily suspend or terminate the resolution of the complaint must clearly state the reasons, responsibilities of related agencies, organizations, or individuals, and send it to the complainant and the accused within five working days from the date of issuance.

Article 19. Verification of the Content of the Complaint

The person resolving the complaint shall establish a Verification Team to verify the content of the complaint. The Verification Team is responsible for developing a work plan and assigning specific tasks to its members to verify the content of the complaint in the following steps:

1. Announcing the decision to establish the Verification Team for the content of the complaint:

The head of the Verification Team is responsible for delivering or announcing the decision to establish the Verification Team for the content of the complaint to the accused person and the agency of the accused person within ten days from the date of issuance of the decision. The delivery or announcement of the decision to establish the Verification Team for the content of the complaint must be recorded in a protocol, signed by the person making the announcement and the accused person. The protocol must be made in two copies, one copy handed over to the accused person.

2. Directly working with the accused person and the complainant:

a) The person resolving the complaint and the Verification Team for the complaint must directly work with the accused person, requiring the accused person to provide a written explanation about the contents complained of and to provide information, documents, and evidence related to the complained contents, further providing information, documents, evidence, and explanations about unclear issues;

b) In cases where necessary, the person resolving the complaint and the Verification Team for the complaint shall directly work with the complainant. In cases where direct work with the complainant cannot be conducted due to objective reasons, the person resolving the complaint or the head of the Verification Team for the content of the complaint shall issue a written request for the complainant to provide information, documents, and evidence to clarify the content of the complaint.

3. The person resolving the complaint or the head of the Verification Team for the content of the complaint has the right to request relevant agencies, organizations, and individuals to provide information, documents, and evidence related to the content of the complaint. In cases where necessary, the Verification Team for the complaint shall directly work to collect information, documents, and evidence related to the content of the complaint.

Article 20. Seeking Advisory Opinions and Requesting Appraisals

In cases where the matter is complex or it is deemed necessary, the person resolving the complaint may organize meetings and exchange opinions with relevant agencies, organizations, and individuals; seek guidance on procedures from immediate superiors; request appraisals or take other necessary measures.

The time taken for appraisal does not count towards the deadline for resolving the complaint.

Article 21. Reporting the Results of Verifying the Complaint

1. Within five working days from the end of the verification process, the head of the Verification Team must report in writing on the results of the verification to the authority with the power to resolve the complaint.

The report on the results of verifying the complaint includes the following main contents:

a) Summary of the content of the complaint;

b) Results of verifying each content of the complaint;

c) Explanation content of the accused person (if any);

d) Proposal for evaluation of whether the content of the complaint is correct, partially correct, or false; determination of the responsibility of each agency, organization, and individual related to the content of the complaint;

e) Recommendations for handling agencies, organizations, and individuals with violations; other necessary measures (if any).

2. In cases where verification reveals actions that have signs of criminal offenses, the head of the Verification Team shall report to the person resolving the complaint for consideration and handling according to the provisions of the law.

Article 22. Conclusion on the Content of the Complaint

1. Based on the content of the complaint, the explanatory documents of the person being complained against, the report on the verification results, relevant documents and evidence, and in comparison with legal provisions, the person handling the complaint shall issue a conclusion on the content of the complaint, including the following main contents:

a) The results of verifying the content of the complaint;

b) Legal basis for determining whether there is a violation of the law;

c) Conclusion on whether the content of the complaint is correct, partially correct, or false; determination of the responsibility of each agency, organization, or individual related to the content of the complaint;

d) Measures to be taken within their authority; recommendation to other agencies, organizations, or individuals to apply measures within their authority against agencies, organizations, or individuals who have violated the law;

đ) Recommendation to the competent authority to consider amending and supplementing policies and laws, and to take necessary measures to protect the interests of the State, rights, and legitimate interests of agencies, organizations, and individuals;

2. In cases where the complaint is reconsidered, in addition to the contents prescribed in Clause 1 of this Article, the person handling the complaint must conclude on the violations of the law, mistakes, or inconsistencies in the previous handling of the complaint (if any); handle according to their authority or direct, recommend other agencies, organizations, units, or individuals with authority to handle against agencies, organizations, units, or individuals who have violated the law during the previous handling of the complaint.

Article 23. Handling the Petition of the Person Being Complained Against

Within fifteen days from the date of receiving the conclusion on the content of the complaint, if the person being complained against disagrees, they have the right to submit a petition in writing to the immediate superior of the person who handled the complaint, and it shall be handled as follows:

1. If the handling of the complaint has complied with the provisions of the law, the immediate superior of the person who handled the complaint shall issue a written response, requiring the person being complained against to strictly implement the conclusion on the content of the complaint.

2. If new circumstances or signs of law violations by the person who handled the complaint are discovered, then the case shall be reconsidered or directed to be reconsidered. The procedures and formalities for reconsidering the complaint shall be carried out in accordance with this Circular and relevant laws on complaints.

Article 24. Sending and Publicizing the Conclusion on the Content of the Complaint and the Decision on Handling the Violation Alleged in the Complaint

1. Within five working days from the date of issuing the conclusion on the content of the complaint, the person handling the complaint shall send the conclusion on the content of the complaint to the person being complained against, the management agency of the person being complained against, the immediate superior agency, the People's Procuratorate at the same level, and notify the conclusion on the content of the complaint to the complainant.

2. Within seven working days from the date of issuing the conclusion on the content of the complaint and the decision on handling the alleged violation, the person handling the complaint, the person with authority to impose disciplinary action or administrative penalty, shall be responsible for publicizing the conclusion on the content of the complaint and the decision on handling the alleged violation.

The publicity must ensure that it does not disclose contents classified as state secrets or information about the complainant, and it shall be carried out through one of the following forms: Announcing at a meeting of the agency where the person being complained against works; posting at the workplace or place of receiving citizens, publishing on the website of the person who handled the complaint or issued the decision on handling the alleged violation; announcing on mass media.

Article 25. Implementation of the conclusion on the content of complaints and decisions on handling reported violations

1. Within seven working days from the date of issuing the conclusion on the content of complaints, the person resolving the complaint shall be responsible for handling as follows:

In case the conclusion determines that the person complained against has not violated the law, restore the rights and legitimate interests of the person complained against caused by an unfounded complaint, and at the same time handle or recommend handling of the person who intentionally filed a false complaint.

In case the conclusion determines that the person complained against has violated the law, handle according to authority or recommend the competent authority to impose disciplinary measures, compel rectification of consequences caused by the violation of the law, apply other measures for handling as prescribed by law. If there are signs of criminal offenses, issue a document transferring the file to the Investigation Agency and the People's Procuracy with jurisdiction.

The person resolving the complaint shall be responsible for monitoring, urging, and inspecting the implementation of the conclusion on the content of complaints and decisions on handling reported violations.

2. The person complained against shall be responsible for timely, fully, and within the specified deadlines performing the obligations determined in the conclusion on the content of complaints.

3. The head of the agency assigned to implement the conclusion on the content of complaints and decisions on handling reported violations must implement the contents of the conclusion and decision on handling reported violations and report to the person resolving the complaint.

Section 4

HANDLING AND SETTLING COMPLEX, PERSISTENT PETITIONS AND COMPLAINTS AND RECOMMENDATIONS AND REFLECTIONS

COMPLEX, PERSISTENT PETITIONS AND COMPLAINTS AND RECOMMENDATIONS AND REFLECTIONS

Article 26. Coordination in Handling Complex and Persistent Petitions and Complaints

The Civil Enforcement Management Agency under the Ministry of Justice and civil enforcement agencies shall coordinate with relevant agencies in resolving complex and persistent petitions and complaints. For cases affecting local political security and social order and safety, the head of the civil enforcement agency with jurisdiction shall organize inter-sectoral meetings or establish inter-sectoral working groups to verify and clarify the content of the petitions and complaints and unify resolution measures with coordinating agencies; if there are difficulties or obstacles arising from coordination between agencies, report to the People's Committee at the same level for guidance on resolution in accordance with Articles 173 and 174 of the Civil Enforcement Law.

Article 27. Review, Categorization, and Handling of Cases

The Civil Enforcement Management Agency under the Ministry of Justice and civil enforcement agencies shall review and categorize complex and persistent petitions and complaints for resolution as follows:

1. Organize inter-sectoral central and local meetings to unify resolution plans; organize dialogues with petitioners and complainants; notify the results of petition and complaint resolution.

2. For petitions and complaints that have been resolved in accordance with the law, if the petitioner or complainant agrees with the resolution plan, the competent authority resolving the petition or complaint shall issue a notice terminating the resolution process. If the petitioner or complainant disagrees, issue a notice declining to accept the resolution process, extract the content of the case and the resolution process into a file, publicize it on the agency’s website, and notify related agencies at the central and local levels.

Article 28. Handling and Resolving Petitions and Complaints

Within five working days from the date of receipt of the petition, the competent authority shall handle as follows:

1. In cases where the petitions and complaints fall within its jurisdiction, it shall provide a written response to the petitioner or complainant. Where the petitions and complaints involve multiple agencies or units, the agency managing civil enforcement under the Ministry of Justice shall take the lead and coordinate with other agencies to provide a written response to the petitioner or complainant.

2. In cases where the resolution falls within the jurisdiction of another civil enforcement agency or is not related to the field of civil enforcement or falls within the jurisdiction of another agency, it shall inform and guide the petitioner or complainant or transfer the petition along with attached documents (if any) to the competent agency for resolution in accordance with the law.

3. In cases where the petitions and complaints have been transferred, guided, and responded to according to the law but the party continues to submit the same content in subsequent petitions; if such petitions are submitted to multiple agencies including the competent agency for resolution, the petition shall be retained.

Chapter III

MODEL FOR HANDLING PETITIONS AND COMPLAINTS

Article 29. Establishment, Use, and Preservation of Registers on Petitions, Complaints, Suggestions, and Reflections in Civil Enforcement

Civil enforcement agencies must establish all types of registers according to the unified model provided in Appendix I of this Circular, including:

Model 01: Register for receiving petitions, complaints, suggestions, and reflections on civil enforcement;

Model 02: Register for handling and resolving petitions;

Model 03: Register for handling and resolving complaints.

The use and preservation of registers on petitions, complaints, suggestions, and reflections in civil enforcement shall be carried out in accordance with the provisions of Clause 4, Article 29 of Circular No. 01/2016/TT-BTP dated February 1, 2016, issued by the Minister of Justice guiding the implementation of certain administrative management procedures and business models in civil enforcement.

Article 30. Establishment, Preservation, and Storage of Case Files for Resolving Petitions and Complaints

1. The investigator has the responsibility to establish case files for resolving petitions and complaints. The case file for resolving petitions and complaints must reflect the entire process of resolving petitions and complaints; retain all documents that have been, are being implemented, and are stored in accordance with the law on archives.

2. Documents in the case file shall be arranged in the following order:

The first document is the Notice of Acceptance of Petition/Decision on Acceptance of Complaint; the second document is the petition/complaint and accompanying documents (if any); the third document is the Recommendation Form for Acceptance and Resolution of Petition/Complaint; subsequent documents shall be arranged in descending order from top to bottom based on the time the resolution agency received the documents.

Documents in the case file must be numbered in the index (for execution case files and initial complaint resolution case files, each file shall only be numbered once in the provided file list) and a list of documents must be compiled.

Article 31. Business Models for Resolving Petitions and Complaints

1. Types of business models for resolving petitions and complaints have names, numbers, and codes according to the appendices, including:

a) Model of decision and notification on resolving petitions of the Ministry of Justice (Appendix II);

b) Model of decision, conclusion, and notification on resolving petitions and complaints of the Civil Enforcement General Department (Appendix III);

c) Model of decision, conclusion, and notification on resolving petitions and complaints of the Civil Enforcement Department (Appendix IV);

d) Model of decision, conclusion, and notification on resolving petitions and complaints of the Civil Enforcement Branch (Appendix V).

2. Management, use, and recording of business models for resolving petitions and complaints shall be carried out in accordance with the provisions of Articles 33, 34, and 35 of Circular No. 01/2016/TT-BTP.

Chapter IV

REPORTING, STATISTICS, AND IMPLEMENTATION ORGANIZATION

Article 32. Reporting and Statistical System

1. The civil enforcement management agency under the Ministry of Justice shall guide, direct, inspect, and urge the implementation of the reporting and statistical system for handling complaints and reports in the civil enforcement system as prescribed in Circular No. 06/2019/TT-BTP dated November 21, 2019 of the Ministry of Justice on the Civil Enforcement Reporting and Statistical System and the Supervision of Administrative Enforcement.

2. The Civil Enforcement Office of each province and centrally governed city shall monitor, compile, and report to the civil enforcement management agency under the Ministry of Justice on the work of handling complaints, reports, suggestions, and reflections from the Civil Enforcement Office and the Civil Enforcement Branches within their jurisdiction.

Article 33. Effective Date

1. This Circular takes effect from February 13, 2022. Circular No. 02/2016/TT-BTP dated February 1, 2016 of the Minister of Justice on the procedure for handling complaints, reports, requests, suggestions, and reflections in civil enforcement shall cease to be effective from the date this Circular comes into force.

The forms attached to this Circular replace the complaint and report forms issued together with Circular No. 01/2016/TT-BTP.

2. For cases of complaints and reports that have been accepted before this Circular takes effect but have not yet been resolved, they shall continue to be handled according to the provisions of Circular No. 02/2016/TT-BTP.

Article 34. Implementation Organization

1. The Director of the Civil Enforcement General Department, the Heads of competent agencies under the Ministry of Justice, the Directors of Provincial Civil Enforcement Offices, and the Chiefs of District Civil Enforcement Branches shall be responsible for implementing this Circular.

2. Annually, the Civil Enforcement General Department shall compile and report to the Minister of Justice on the results of the work of handling complaints, reports, suggestions, and reflections regarding civil enforcement.

Any difficulties or obstacles encountered during implementation shall be promptly reported to the Ministry of Justice for guidance on implementation./.