This Decision announces administrative procedures for receiving citizens within the scope of the State Audit Office's management functions, including central, provincial, district, and commune levels. The person receiving citizens is required to identify personal information, record complaints, accusations, suggestions, and reflections; classify and handle according to their authority. Implementing agencies are responsible for updating administrative procedures and guiding citizens on how to follow them.
适用范围
Individuals and organizations
要点
- The State Audit Office, ministries, and ministerial-level agencies receive citizens at the central level; Provincial People's Committees, provincial inspection bodies, and specialized agencies receive citizens at the provincial level; District People's Committees, district inspection bodies, and specialized departments receive citizens at the district level; Commune People's Committees receive citizens at the commune level.
- The person receiving citizens welcomes, identifies the identity of citizens, records the content of complaints, accusations, suggestions, and reflections, and classifies and handles according to their authority.
- The resolution period lasts until the end of the citizen reception process; there are no fees.
- The person receiving citizens may refuse to receive if they are intoxicated due to stimulants, suffer from mental illness, or engage in threatening or insulting behavior towards the reception agency.
- The national database on administrative procedures will be updated and made public on the State Audit Office's electronic portal.
🌐 本文件的社会影响
- Facilitating citizens in making complaints, accusations, suggestions, and reflections; enhancing the effectiveness of complaint and accusation resolution.
- Reducing the burden of time and travel costs for citizens when receiving citizens at various levels.
- Enhancing transparency in citizen reception activities.
❓ 常见问题
Which entities are eligible to implement this administrative procedure?
Individuals and organizations have the right to implement the administrative procedure for receiving citizens as stipulated in this document.
What is the maximum resolution period?
The resolution period lasts until the end of the citizen reception process, with no specific timeframe.
In which situations can the person receiving citizens refuse to receive?
The person receiving citizens may refuse to receive if they are intoxicated due to stimulants, suffer from mental illness, or engage in threatening or insulting behavior towards the reception agency.
Are there any fees associated with implementing this procedure?
There are no fees associated with implementing the administrative procedure for receiving citizens as stipulated in this document.
At which levels does this procedure apply?
This procedure applies to central, provincial, district, and commune levels.
全文
Pursuant to …;
Regarding the publication of administrative procedures for receiving citizens within the scope of the functions and powers of the Government Inspectorate
___________________________
GOVERNMENT INSPECTOR GENERAL
Based on the Law on Complaints No. 02/2011/QH13 dated November 11, 2011;
Pursuant to the Law on Complaints No. 03/2011/QH13 dated November 11, 2011;
Pursuant to the Law on Receiving Citizens No. 42/2013/QH13 dated November 25, 2013;
Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control;
Pursuant to Decree No. 75/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions of the Law on Petitions;
Pursuant to Decree No. 76/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions of the Law on Complaints;
Pursuant to Decree No. 64/2014/NĐ-CP dated October 3, 2012 of the Government detailing and implementing certain provisions of the Law on Receiving Citizens;
Pursuant to Circular No. 06/2014/TT-TTCP dated October 31, 2014 stipulating the procedure for receiving citizens;
Pursuant to Decision No. 2525/QĐ-TTCP dated September 22, 2011 of the Chief Government Inspector regarding the issuance of regulations on statistics, publication, and updating of national databases on administrative procedures within the scope of the functions and powers of the Government Inspectorate;
Considering the proposal of the Director of the Legal Department,
DECISION:
Article 1. Annexed hereto are the administrative procedures for receiving citizens within the scope of the functions and powers of the Government Inspectorate, including: central-level, provincial-level, district-level, and commune-level procedures.
Article 2. The Legal Affairs Department and the Information Center shall be responsible for coordinating with departments, bureaus, and units under the Government Inspectorate to update the national database with the attached administrative procedures; publish and make them public on the Government Inspectorate's electronic portal.
Article 3. Departments, bureaus, and units related to the Government Inspectorate shall be responsible for coordinating with the Legal Affairs Department to continue reviewing and updating administrative procedures in normative legal documents within their management functions that have been newly issued; amend and supplement them for submission to the Chief Government Inspector for publication.
Article 4. This Decision takes effect from the date of signature and replaces the administrative procedures for receiving citizens issued together with Decision No. 1266/QĐ-TTCP dated May 24, 2012 of the Government Inspectorate on the publication of newly issued administrative procedures; amendments and supplements within the scope of the functions and powers of the Government Inspectorate. Heads of bureaus, departments, and units under the Government Inspectorate; relevant agencies, organizations, and individuals are responsible for implementing this Decision.
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Place of Receipt: |
GENERAL INSPECTOR
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Administrative Procedures for Receiving Citizens within the Scope of the Functions and Powers of the Government Inspectorate
(Annexed hereto by Decision No. 1345/QĐ-TTCP dated May 27, 2015 of the Chief Government Inspector)
Part I
LIST OF ADMINISTRATIVE PROCEDURES FOR RECEIVING CITIZENS
|
Serial number |
Name of Administrative Procedure |
Sector, Field |
Authority Implementing Administrative Procedures |
|
1 |
Receiving Citizens at Central Level |
Receiving Citizens, Handling Petitions and Complaints |
Government Inspectorate; Ministries, Equivalent Ministries |
|
2 |
Receiving Citizens at Provincial Level |
Receiving Citizens, Handling Petitions and Complaints |
Provincial People's Committees; Provincial Inspectors; specialized agencies under Provincial People's Committees |
|
3 |
Receiving Citizens at District Level |
Receiving Citizens, Handling Petitions and Complaints |
District People's Committees; District Inspectors; specialized agencies under District People's Committees |
|
4 |
Receiving Citizens at Commune Level |
Receiving Citizens, Handling Petitions and Complaints |
People's Committee of the commune level |
Part II
SPECIFIC CONTENTS OF ADMINISTRATIVE PROCEDURES FOR RECEIVING CITIZENS
1. Receiving Citizens at Central Level
|
Procedure for Implementation |
- Step 1: Welcoming and Identifying the Identity of Citizens The person receiving citizens welcomes the citizen, requests them to clearly state their name and address or present identification documents; if authorized, request presentation of the authorization letter. - Step 2: Listening, Recording Content of Petitions, Complaints, Suggestions, Reflections, Accepting Information and Documents If the petitioner, complainant, suggester, reflector has a clear and complete petition, the person receiving citizens needs to determine the content of the case and the citizen's requirements for appropriate handling. If the content of the petition, complaint, suggestion, reflection is unclear or incomplete, the person receiving citizens will ask the citizen to rewrite or supplement the petition with missing or unclear contents. In cases where there is no petition, complaint, suggestion, reflection, the person receiving citizens will guide the citizen to write a petition according to the law. If the citizen presents directly, the person receiving citizens will record fully, truthfully, and accurately the content of the petition, complaint, suggestion, reflection presented by the citizen; for unclear contents, they will ask the citizen to provide additional information, then read it back to the citizen and ask them to sign or affix their fingerprint to confirm the document. If multiple people come to petition, complain, suggest, or reflect on the same issue, the person receiving citizens will guide them to elect a representative to present the content of the petition, complaint, suggestion, reflection; the person receiving citizens will record the content in writing. If the petition contains different issues, the person receiving citizens will guide the citizen to separate each issue and send them to the competent authority for resolution. The person receiving citizens accepts information, documents, evidence related to petitions, complaints, suggestions, reflections provided by the citizen (if any) and must write and hand over a receipt for the documents received to the citizen. - Step 3: Classifying and Handling Petitions, Complaints, Suggestions, Reflections at the Place of Receiving Citizens - Classification and Handling Petitions and Complaints to the agency, organization, unit, or person with jurisdiction to handle and resolve during the process of receiving citizens shall be carried out as follows: + In cases where the petition or complaint falls within the jurisdiction of the agency, organization, or unit itself and meets the conditions for acceptance, the person receiving citizens will accept the information, documents, and evidence accompanying it, and simultaneously report to the head of the agency, organization, or unit accepting the case. + In cases where the petition or complaint does not fall within the jurisdiction of the agency, organization, or unit, the person receiving citizens will guide the petitioner or complainant to the competent agency, organization, or unit to file the petition or complaint. If the petition or complaint falls within the jurisdiction of a lower level but has not been resolved, it shall be handled as follows: In cases where the petition falls within the jurisdiction of a lower level but exceeds the prescribed time limit without being resolved, the person receiving citizens must report to the head of the agency, organization, or unit to consider and decide. In the case where the initial complaint has exceeded the deadline but has not been resolved, the person receiving citizens' visits shall report to the head of the agency, organization, or unit for consideration and resolution in accordance with the provisions of the Law on Complaints. In the case where the complaint falls within the jurisdiction of the subordinate agency, organization, or unit but has not been resolved beyond the prescribed time limit, the person receiving citizens' visits shall report to the head of the agency, organization, or unit to issue a document requesting the subordinate to resolve it. + In the case where the complaint or accusation has been resolved in accordance with policies and laws, the person receiving citizens' visits shall explain and guide the complainant or accuser to strictly comply with the decision on resolving the complaint and the decision on handling the violation reported, and request the citizen to cease the complaint or accusation. + In the case where the complaint or accusation form is not directly submitted by the complainant or accuser, the person receiving citizens' visits shall classify and process it according to the provisions of the law on complaints and accusations. - Classification and Handling proposal, reflection to the agency, organization, unit, or person with jurisdiction to handle and resolve during the process of receiving citizens shall be carried out as follows: + In the case where the suggestion or reflection falls within the jurisdiction of their own agency, organization, or unit, the person receiving citizens' visits shall report to the authorized person for research, consideration, and resolution, or assign a department to conduct such activities. + In the case where the suggestion or reflection does not fall within the jurisdiction of their own agency, organization, or unit, the person receiving citizens' visits shall transfer the form or record the content presented by the suggester or reflector to the competent agency, organization, or unit for research, adoption, consideration, and resolution. |
|
Implementation method |
Visit the office or location for receiving citizens' visits |
|
File |
- The dossier includes: + A complaint form, accusation form, suggestion form, reflection form, or a document recording the content of the complaint, accusation, suggestion, or reflection (signed or marked with a fingerprint by the citizen); + Information, documents, and evidence provided by the complainant, accuser, suggester, or reflector. - Number of dossiers: 01 set |
|
Maximum processing time |
Until the end of the citizens' visit reception |
|
Administrative procedure implementing agency (TTHC) |
- Agency with authority to decide: Government Inspectorate, Ministries, agencies equivalent to ministries. - Directly implementing agency: Central Citizens' Reception Office under the Government Inspectorate; citizens' reception units of ministries, agencies equivalent to ministries. |
|
Object of administrative procedure implementation (TTHC) |
- Individual - Organization |
|
Name of application form, declaration form |
hold, |
|
Legal basis |
Primary market: |
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Result of the administrative procedure implementation |
Receipt of information, documents, evidence; guidance letter; transfer letter |
|
Requirements, conditions for implementing TTHC |
According to Article 9 of the Law on Receiving Citizens' Visits, the person receiving citizens' visits may refuse to receive visitors at the place of reception in the following cases: 1. Individuals who are intoxicated due to the consumption of stimulants, individuals suffering from mental illness or other diseases that impair their ability to perceive or control their behavior; 2. Individuals engaging in threatening, insulting behavior towards agencies, organizations, units, the person receiving citizens' visits, public servants, or other behaviors violating the internal regulations of the reception place; 3. Complainants or accusers regarding matters that have been resolved in accordance with policies and laws, reviewed and announced in writing by competent state authorities, and already received, explained, and guided, but continue to persistently file complaints or accusations; 4. Other cases as stipulated by law. |
|
Legal basis for TTHC |
Law on Receiving Citizens' Visits 2013; Law on Complaints, Law on Accusations 2011; Decree No. 75/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions of the Law on Complaints; Decree No. 76/2012/NĐ-CP dated October 3, 2012 of the Government detailing the implementation of certain provisions of the Law on Accusations; Decree No. 64/2014/NĐ-CP dated June 26, 2014 detailing the implementation of certain provisions of the Law on Receiving Citizens' Visits; Circular No. 06/2014/TT-TTCP dated October 31, 2014 detailing the procedures for receiving citizens' visits. |
2. Receiving citizens' visits at provincial level
|
Procedure for Implementation |
- Step 1: Welcoming and Identifying the Identity of Citizens The person receiving citizens welcomes the citizen, requests them to clearly state their name and address or present identification documents; if authorized, request presentation of the authorization letter. - Step 2: Listening, Recording Content of Petitions, Complaints, Suggestions, Reflections, Accepting Information and Documents If the petitioner, complainant, suggester, reflector has a clear and complete petition, the person receiving citizens needs to determine the content of the case and the citizen's requirements for appropriate handling. If the content of the complaint, accusation, suggestion, or reflection is unclear or incomplete, the person receiving citizens' visits shall request the citizen to rewrite the form or supplement the missing or unclear contents. In the absence of a complaint, accusation, suggestion, or reflection form, the person receiving citizens' visits shall guide the citizen to write the form in accordance with the law. If the citizen presents the content directly, the person receiving citizens' visits shall record fully, truthfully, and accurately the content of the complaint, accusation, suggestion, or reflection presented by the citizen; for any unclear content, they shall request the citizen to provide additional details, then read it back to the citizen and request them to sign or mark with a fingerprint to confirm the document. In the case where multiple people come to complain, accuse, suggest, or reflect on the same matter, the person receiving citizens' visits shall guide them to elect a representative to present the content; the person receiving citizens' visits shall record the content in writing. In the case where the form contains multiple different contents, the person receiving citizens' visits shall guide the citizen to separate each content and send it to the appropriate agency, organization, or unit with the authority to resolve it. The person receiving citizens accepts information, documents, evidence related to petitions, complaints, suggestions, reflections provided by the citizen (if any) and must write and hand over a receipt for the documents received to the citizen. - Step 3: Classifying and Handling Petitions, Complaints, Suggestions, Reflections at the Place of Receiving Citizens - Classification and Handling Petitions and Complaints to the agency, organization, unit, or person with jurisdiction to handle and resolve during the process of receiving citizens shall be carried out as follows: + In cases where the petition or complaint falls within the jurisdiction of the agency, organization, or unit itself and meets the conditions for acceptance, the person receiving citizens will accept the information, documents, and evidence accompanying it, and simultaneously report to the head of the agency, organization, or unit accepting the case. + In cases where the petition or complaint does not fall within the jurisdiction of the agency, organization, or unit, the person receiving citizens will guide the petitioner or complainant to the competent agency, organization, or unit to file the petition or complaint. If the petition or complaint falls within the jurisdiction of a lower level but has not been resolved, it shall be handled as follows: In cases where the petition falls within the jurisdiction of a lower level but exceeds the prescribed time limit without being resolved, the person receiving citizens must report to the head of the agency, organization, or unit to consider and decide. In the case where the initial complaint has exceeded the deadline but has not been resolved, the person receiving citizens' visits shall report to the head of the agency, organization, or unit for consideration and resolution in accordance with the provisions of the Law on Complaints. In the case where the complaint falls within the jurisdiction of the subordinate agency, organization, or unit but has not been resolved beyond the prescribed time limit, the person receiving citizens' visits shall report to the head of the agency, organization, or unit to issue a document requesting the subordinate to resolve it. + In the case where the complaint or accusation has been resolved in accordance with policies and laws, the person receiving citizens' visits shall explain and guide the complainant or accuser to strictly comply with the decision on resolving the complaint and the decision on handling the violation reported, and request the citizen to cease the complaint or accusation. + In the case where the complaint or accusation form is not directly submitted by the complainant or accuser, the person receiving citizens' visits shall classify and process it according to the provisions of the law on complaints and accusations. - Classification and transfer content of suggestions, reflections to the agency, organization, unit, or person with jurisdiction to handle and resolve during the process of receiving citizens shall be carried out as follows: + In the case where the suggestion or reflection falls within the jurisdiction of their own agency, organization, or unit, the person receiving citizens' visits shall report to the authorized person for research, consideration, and resolution, or assign a department to conduct such activities. + In the case where the suggestion or reflection does not fall within the jurisdiction of their own agency, organization, or unit, the person receiving citizens' visits shall transfer the form or record the content presented by the suggester or reflector to the competent agency, organization, or unit for research, adoption, consideration, and resolution. |
|
Implementation method |
Visit the office or location for receiving citizens' visits |
|
File |
- The dossier includes: + A complaint form, accusation form, suggestion form, reflection form, or a document recording the content of the complaint, accusation, suggestion, or reflection (signed or marked with a fingerprint by the citizen); + Documents and papers provided by the complainant, accuser, suggester, or reflector. - Number of dossiers: 01 set |
|
Maximum processing time |
Until the end of the citizens' visit reception |
|
Administrative procedure implementing agency |
- Agency with authority to decide: Chairman of the People's Committee of the province, Chief Inspector of the province; Director of Departments - Directly implementing agency: Provincial Citizens' Reception Board; citizens' reception units of the provincial Inspectorate, departments. |
|
Object of administrative procedure implementation (TTHC) |
- Individual - Organization |
|
Name of application form, declaration form |
hold, |
|
Result of the administrative procedure implementation |
Receipt of information, documents, evidence; guidance letter; transfer letter. |
|
Requirements, conditions for implementing TTHC |
According to Article 9 of the Law on Receiving Citizens' Visits, the person receiving citizens' visits may refuse to receive visitors at the place of reception in the following cases: 1. Individuals who are intoxicated due to the consumption of stimulants, individuals suffering from mental illness or other diseases that impair their ability to perceive or control their behavior; 2. Individuals engaging in threatening, insulting behavior towards agencies, organizations, units, the person receiving citizens' visits, public servants, or other behaviors violating the internal regulations of the reception place; 3. Complainants or accusers regarding matters that have been resolved in accordance with policies and laws, reviewed and announced in writing by competent state authorities, and already received, explained, and guided, but continue to persistently file complaints or accusations; 4. Other cases as stipulated by law. |
|
Legal basis for TTHC |
Law on Receiving Citizens' Visits 2013; Law on Complaints, Law on Accusations 2011; Decree No. 75/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions of the Law on Complaints; Decree No. 76/2012/NĐ-CP dated October 3, 2012 of the Government detailing the implementation of certain provisions of the Law on Accusations; Decree No. 64/2014/NĐ-CP dated June 26, 2014 detailing the implementation of certain provisions of the Law on Receiving Citizens' Visits; Circular No. 06/2014/TT-TTCP dated October 31, 2014 detailing the procedures for receiving citizens' visits. |
3. Receiving citizens' visits at district level
|
Procedure for Implementation |
- Step 1: Welcoming and Identifying the Identity of Citizens The person receiving citizens welcomes the citizen, requests them to clearly state their name and address or present identification documents; if authorized, request presentation of the authorization letter. - Step 2: Listening, Recording Content of Petitions, Complaints, Suggestions, Reflections, Accepting Information and Documents If the petitioner, complainant, suggester, reflector has a clear and complete petition, the person receiving citizens needs to determine the content of the case and the citizen's requirements for appropriate handling. If the content of the complaint, accusation, suggestion, or reflection is unclear or incomplete, the person receiving citizens' visits shall request the citizen to rewrite the form or supplement the missing or unclear contents. In the absence of a complaint, accusation, suggestion, or reflection form, the person receiving citizens' visits shall guide the citizen to write the form in accordance with the law. If the citizen presents the content directly, the person receiving citizens' visits shall record fully, truthfully, and accurately the content of the complaint, accusation, suggestion, or reflection presented by the citizen; for any unclear content, they shall request the citizen to provide additional details, then read it back to the citizen and request them to sign or mark with a fingerprint to confirm the document. In the case where multiple people come to complain, accuse, suggest, or reflect on the same matter, the person receiving citizens' visits shall guide them to elect a representative to present the content; the person receiving citizens' visits shall record the content in writing. In the case where the form contains multiple different contents, the person receiving citizens' visits shall guide the citizen to separate each content and send it to the appropriate agency, organization, or unit with the authority to resolve it. The person receiving citizens accepts information, documents, evidence related to petitions, complaints, suggestions, reflections provided by the citizen (if any) and must write and hand over a receipt for the documents received to the citizen. - Step 3: Classifying and Handling Petitions, Complaints, Suggestions, Reflections at the Place of Receiving Citizens - Classification and Handling Petitions and Complaints to the agency, organization, unit, or person with jurisdiction to handle and resolve during the process of receiving citizens shall be carried out as follows: + In cases where the petition or complaint falls within the jurisdiction of the agency, organization, or unit itself and meets the conditions for acceptance, the person receiving citizens will accept the information, documents, and evidence accompanying it, and simultaneously report to the head of the agency, organization, or unit accepting the case. + In cases where the petition or complaint does not fall within the jurisdiction of the agency, organization, or unit, the person receiving citizens will guide the petitioner or complainant to the competent agency, organization, or unit to file the petition or complaint. If the petition or complaint falls within the jurisdiction of a lower level but has not been resolved, it shall be handled as follows: In cases where the petition falls within the jurisdiction of a lower level but exceeds the prescribed time limit without being resolved, the person receiving citizens must report to the head of the agency, organization, or unit to consider and decide. In the case where the initial complaint has exceeded the deadline but has not been resolved, the person receiving citizens' visits shall report to the head of the agency, organization, or unit for consideration and resolution in accordance with the provisions of the Law on Complaints. In the case where the complaint falls within the jurisdiction of the subordinate agency, organization, or unit but has not been resolved beyond the prescribed time limit, the person receiving citizens' visits shall report to the head of the agency, organization, or unit to issue a document requesting the subordinate to resolve it. + In the case where the complaint or accusation has been resolved in accordance with policies and laws, the person receiving citizens' visits shall explain and guide the complainant or accuser to strictly comply with the decision on resolving the complaint and the decision on handling the violation reported, and request the citizen to cease the complaint or accusation. + In the case where the complaint or accusation form is not directly submitted by the complainant or accuser, the person receiving citizens' visits shall classify and process it according to the provisions of the law on complaints and accusations. - Classification and Handling proposal, reflection to the agency, organization, unit, or person with jurisdiction to handle and resolve during the process of receiving citizens shall be carried out as follows: + In the case where the suggestion or reflection falls within the jurisdiction of their own agency, organization, or unit, the person receiving citizens' visits shall report to the authorized person for research, consideration, and resolution, or assign a department to conduct such activities. + In the case where the suggestion or reflection does not fall within the jurisdiction of their own agency, organization, or unit, the person receiving citizens' visits shall transfer the form or record the content presented by the suggester or reflector to the competent agency, organization, or unit for research, adoption, consideration, and resolution. |
|
Implementation method |
Visit the office or location for receiving citizens' visits |
|
File |
- The dossier includes: + A complaint form, accusation form, suggestion form, reflection form, or a document recording the content of the complaint, accusation, suggestion, or reflection (signed or marked with a fingerprint by the citizen); + Documents and papers provided by the complainant, accuser, suggester, or reflector. - Number of dossiers: 01 set |
|
Maximum processing time |
Until the end of the citizens' visit reception |
|
Administrative procedure implementing agency |
- Agency with authority to decide: Chairman of the District People's Committee, Chief Inspector of the district, Head of specialized departments under the District People's Committee. - Directly implementing agency: District Citizens' Reception Board, District Inspectorate; specialized departments under the District People's Committee. |
|
Object of administrative procedure implementation (TTHC) |
- Individual - Organization |
|
Name of application form, declaration form |
hold, |
|
Result of the administrative procedure implementation |
Receipt of documents, evidence; guidance letter; transfer letter. |
|
Requirements, conditions for implementing TTHC |
According to Article 9 of the Law on Receiving Citizens' Visits, the person receiving citizens' visits may refuse to receive visitors at the place of reception in the following cases: 1. Individuals who are intoxicated due to the consumption of stimulants, individuals suffering from mental illness or other diseases that impair their ability to perceive or control their behavior; 2. Individuals engaging in threatening, insulting behavior towards agencies, organizations, units, the person receiving citizens' visits, public servants, or other behaviors violating the internal regulations of the reception place; 3. Complainants or accusers regarding matters that have been resolved in accordance with policies and laws, reviewed and announced in writing by competent state authorities, and already received, explained, and guided, but continue to persistently file complaints or accusations; 4. Other cases as stipulated by law. |
|
Legal basis for TTHC |
Law on Receiving Citizens' Visits 2013; Law on Complaints, Law on Accusations 2011; Decree No. 75/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions of the Law on Complaints; Decree No. 76/2012/NĐ-CP dated October 3, 2012 of the Government detailing the implementation of certain provisions of the Law on Accusations; Decree No. 64/2014/NĐ-CP dated June 26, 2014 detailing the implementation of certain provisions of the Law on Receiving Citizens' Visits; Circular No. 06/2014/TT-TTCP dated October 31, 2014 detailing the procedures for receiving citizens' visits. |
4. Receiving citizens' visits at commune level
|
Procedure for Implementation |
- Step 1: Welcoming and Identifying the Identity of Citizens The person receiving citizens welcomes the citizen, requests them to clearly state their name and address or present identification documents; if authorized, request presentation of the authorization letter. - Step 2: Listening, Recording Content of Petitions, Complaints, Suggestions, Reflections, Accepting Information and Documents If the petitioner, complainant, suggester, reflector has a clear and complete petition, the person receiving citizens needs to determine the content of the case and the citizen's requirements for appropriate handling. If the content of the complaint, accusation, suggestion, or reflection is unclear or incomplete, the person receiving citizens' visits shall request the citizen to rewrite the form or supplement the missing or unclear contents. In the absence of a complaint, accusation, suggestion, or reflection form, the person receiving citizens' visits shall guide the citizen to write the form in accordance with the law. If the citizen presents the content directly, the person receiving citizens' visits shall record fully, truthfully, and accurately the content of the complaint, accusation, suggestion, or reflection presented by the citizen; for any unclear content, they shall request the citizen to provide additional details, then read it back to the citizen and request them to sign or mark with a fingerprint to confirm the document. In the case where multiple people come to complain, accuse, suggest, or reflect on the same matter, the person receiving citizens' visits shall guide them to elect a representative to present the content; the person receiving citizens' visits shall record the content in writing. In the case where the form contains multiple different contents, the person receiving citizens' visits shall guide the citizen to separate each content and send it to the appropriate agency, organization, or unit with the authority to resolve it. The person receiving citizens accepts information, documents, evidence related to petitions, complaints, suggestions, reflections provided by the citizen (if any) and must write and hand over a receipt for the documents received to the citizen. - Step 3: Classifying and Handling Petitions, Complaints, Suggestions, Reflections at the Place of Receiving Citizens - Classification and Handling Petitions and Complaints to the agency, organization, unit, or person with jurisdiction to handle and resolve during the process of receiving citizens shall be carried out as follows: + In cases where the petition or complaint falls within the jurisdiction of the agency, organization, or unit itself and meets the conditions for acceptance, the person receiving citizens will accept the information, documents, and evidence accompanying it, and simultaneously report to the head of the agency, organization, or unit accepting the case. + In cases where the petition or complaint does not fall within the jurisdiction of the agency, organization, or unit, the person receiving citizens will guide the petitioner or complainant to the competent agency, organization, or unit to file the petition or complaint. + In the case where the complaint or accusation has been resolved in accordance with policies and laws, the person receiving citizens' visits shall explain and guide the complainant or accuser to strictly comply with the decision on resolving the complaint and the decision on handling the violation reported, and request the citizen to cease the complaint or accusation. + In the case where the complaint or accusation form is not directly submitted by the complainant or accuser, the person receiving citizens' visits shall classify and process it according to the provisions of the law on complaints and accusations. - Classification and Handling proposal, reflection to the agency, organization, unit, or person with jurisdiction to handle and resolve during the process of receiving citizens shall be carried out as follows: + In the case where the suggestion or reflection falls within the jurisdiction of their own agency, organization, or unit, the person receiving citizens' visits shall report to the authorized person for research, consideration, and resolution, or assign a department to conduct such activities. + In the case where the suggestion or reflection does not fall within the jurisdiction of their own agency, organization, or unit, the person receiving citizens' visits shall transfer the form or record the content presented by the suggester or reflector to the competent agency, organization, or unit for research, adoption, consideration, and resolution. |
|
Implementation method |
Visit the office of the Commune People's Committee |
|
File |
- The dossier includes: + A complaint form, accusation form, suggestion form, reflection form, or a document recording the content of the complaint, accusation, suggestion, or reflection (signed or marked with a fingerprint by the citizen); + Documents and papers provided by the complainant, accuser, suggester, or reflector. - Number of dossiers: 01 set |
|
Deadline for Resolution |
Until the end of the citizens' visit reception |
|
Implementing Authority |
- Agency with authority to decide: Chairman of the Commune People's Committee. - Directly implementing agency: Commune People's Committee. |
|
Object of administrative procedure implementation (TTHC) |
- Individual - Organization |
|
Name of application form, declaration form |
hold, |
|
Result of the administrative procedure implementation |
Receipt of information, documents, evidence; guidance letter; transfer letter. |
|
Requirements, conditions for implementing TTHC |
According to Article 9 of the Law on Receiving Citizens' Visits, the person receiving citizens' visits may refuse to receive visitors at the place of reception in the following cases: 1. Individuals who are intoxicated due to the consumption of stimulants, individuals suffering from mental illness or other diseases that impair their ability to perceive or control their behavior; 2. Individuals engaging in threatening, insulting behavior towards agencies, organizations, units, the person receiving citizens' visits, public servants, or other behaviors violating the internal regulations of the reception place; 3. Complainants or accusers regarding matters that have been resolved in accordance with policies and laws, reviewed and announced in writing by competent state authorities, and already received, explained, and guided, but continue to persistently file complaints or accusations; 4. Other cases as stipulated by law. |
|
Legal basis for TTHC |
Law on Receiving Citizens' Visits 2013; Law on Complaints, Law on Accusations 2011; Decree No. 75/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions of the Law on Complaints; Decree No. 76/2012/NĐ-CP dated October 3, 2012 of the Government detailing the implementation of certain provisions of the Law on Accusations; Decree No. 64/2014/NĐ-CP dated June 26, 2014 detailing the implementation of certain provisions of the Law on Receiving Citizens' Visits; Circular No. 06/2014/TT-TTCP dated October 31, 2014 detailing the procedures for receiving citizens' visits. |
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