Circular No. 15/2020/TT-BCA on the implementation of democracy in administrative work related to social order management

CIRCULAR

Regulations on Implementing Democracy in Administrative Management for Social Order

Pursuant to the Law on Access to Information dated April 6, 2016;

Pursuant to the Law on People's Police dated November 20, 2018;

Pursuant to ResolutionNo. No. 55/NQ-UBTVQH10 dated August 30, 1998 of the Standing Committee of the National Assembly on the issuance of the Regulation on Implementing Democracy in the Activities of State Agencies;Pursuant to Decree No. 04/2015/NĐ-CP dated January 9, 2015 of qthe Government on Implementing Democracy in the Activities of State Administrative Agencies and Public Service Units;

Organizational structure of the Ministry of Public Security;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."herebyconcerning the classification and determination of state management authority in the field of crop productionpromulgates this Circular on Implementing Democracy in Administrative Management for Social Order.

Pursuant to DecreeNo. 01/2018/NĐ-CP dated August 6, 2018, of the Government stipulating functions, tasks, and powers;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Theo đề nghị của Vụ trưởng Vụ Tín dụngof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsArticle 1. This Circular stipulates the purpose, principles, and contents of implementing democracy in administrative management for social order as prescribed by law, including: registration and management of residence; issuance and management of identity cards, citizen identification cards, and other travel documents; registration and management of industries and trades subject to conditions related to national security and social order; management of seals; management of weapons, explosives, auxiliary tools, and fireworks (excluding weapons, explosives, and auxiliary tools managed by the Ministry of Defense); management, use, and exploitation of the national database on residents; public order assurance work; quick response police work (referred to as Police 113); handling of administrative violations in the field of administrative management for social order.

at the request of the Department ofa) Public security units at various levels and localities implementing administrative management for social order (hereinafter referred to as public security agencies), including:- The Department of Administrative Management for Social Order; reason - Provincial and centrally-administered city Traffic Police Departments under the Public Security Departments;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."- Social Order Administrative Management Police Teams, Traffic Police Teams under the Public Security Departments of districts, towns, and provincial cities;

- Public Security Stations, Police Posts, Police Outposts.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

b) Officers, non-commissioned officers, and soldiers of the People's Public Security Force implementing administrative management for social order within the units specified in Point a Clause 2 of this Article (hereinafter referred to as officers and soldiers);

2. This Circular applies to:

c) Relevant agencies, organizations, and individuals involved in administrative management for social order.

Article 2. Purpose of Implementing Democracy in Administrative Management for Social Order

1. To promote the people's right to self-governance and ensure favorable conditions for the people to exercise their rights and fulfill their obligations as prescribed by law; to mobilize and encourage the people to actively participate in administrative management for social order.

2. To contribute to building a clean and strong force of administrative management for social order that operates effectively; to promote the right to self-governance of officers and soldiers; to enhance the responsibility of heads of agencies and units; to prevent, stop, and combat acts of corruption, negative practices, bureaucracy, harassment, causing inconvenience, and infringing upon the legitimate rights and interests of agencies, organizations, and individuals.

Article 3. Principles of Implementing Democracy in Administrative Management for Social Order

1. To comply with the Constitution, laws, and regulations of the Ministry of Public Security on administrative management for social order.

2. To ensure democracy, the rights, and legitimate interests of agencies, organizations, and individuals in the field of administrative management for social order.

3. To strictly prohibit any act of exploiting democracy to infringe upon the legitimate rights and interests of the state, agencies, organizations, and individuals; to obstruct lawful activities of the administrative management for social order police force.

4. To prevent and handle seriously any violation of the law and violation of the implementation of democracy in the field of administrative management for social order.

CONTENTS AND FORMS OF PUBLIC DISCLOSURE FOR AGENCIES, ORGANIZATIONS, AND INDIVIDUALS TO BE INFORMED

Article 3. Principles for Implementing Democracy in Administrative Work on Social Order Management

1. Compliance with the Constitution, laws, and regulations of the Ministry of Public Security regarding administrative work on social order management.

2. Ensuring democracy, rights, and legitimate interests of agencies, organizations, and individuals in the field of administrative work on social order management.

3. Strictly prohibiting any actions that abuse democracy to infringe upon the rights and legitimate interests of the State, agencies, organizations, and individuals; obstructing activities of administrative police forces managing social order according to the law.

4. Preventing and strictly dealing with violations of the law and violations of democratic implementation in the field of administrative work on social order management.

Chapter II

 SPECIFIC PROVISIONS

Section 1

CONTENT AND FORM OF PUBLIC DISCLOSURE FOR AGENCIES, ORGANIZATIONS, AND INDIVIDUALS TO BE INFORMED

Article 4. Location for receiving citizens and handling administrative management tasks related to social order

The location for receiving citizens and handling administrative management tasks related to social order shall be arranged at convenient and easily identifiable places for organizations, individuals to contact and handle matters; there must be signs indicating the name of the agency or unit receiving citizens, rank, full name, position of officers and soldiers performing citizen reception duties, internal regulations of the reception area, time for citizen reception, diagrams or signs guiding to locations for handling specific administrative management tasks related to social order, guidance on procedures and formalities for handling administrative management tasks related to social order, suggestion mailboxes.

Article 5. Contents to be disclosed in administrative management tasks related to social order

1. List and specific contents of each administrative procedure in various fields of administrative management related to social order as prescribed.

2. Regulations and guidelines for calling the emergency hotline number 113.

3. Name, phone number, working hours, electronic information website (if available) of agencies and units receiving and handling administrative procedures related to administrative management tasks related to social order; postal address, dedicated phone number, email address for receiving feedback and suggestions from individuals and organizations regarding administrative regulations; results of handling suggestions from individuals and organizations regarding administrative regulations; list of administrative procedures for receiving files, not receiving files, delivering results through public postal services, online public services.

4. Forms, procedures, and authority for handling administrative violations in the field of administrative management related to social order.

5. Information on the exploitation and use of the national population database according to the provisions of the law.

6. Locations for receiving and handling complaints, reports, and legitimate requests from agencies, organizations, and individuals.

7. Tasks and powers of officers and soldiers when handling administrative management tasks related to social order concerning agencies, organizations, and individuals.

8. Rights and obligations of agencies, organizations, and individuals in administrative management tasks related to social order.

Article 6. Forms of disclosure

Depending on the characteristics, nature, and content to be disclosed, the Public Security agency shall apply one, several, or all of the following forms of disclosure:

1. Posting at citizen reception locations.

2. Through the electronic information website of the agency or unit (if available).

3. Announcing through mass media.

4. Through citizen reception activities.

5. Announcing at people's meetings.

6. Other appropriate forms.

Section 2

MATTERS FOR AGENCIES, ORGANIZATIONS AND INDIVIDUALS TO PARTICIPATE IN AND IMPLEMENT IN ADMINISTRATIVE MANAGEMENT TASKS RELATED TO SOCIAL ORDER TO PARTICIPATE AND IMPLEMENT IN ADMINISTRATIVE WORK ONSOCIAL ORDER MANAGEMENT

Article 7. Matters for agencies, organizations and individuals to discuss and provide opinions for competent authorities to decide

1. Establishing mass organizations to implement security and social order assurance tasks: Neighborhood Security Committees, Civil Defense Teams, Street Self-Management Groups, Public Order Self-Management Groups, Security and Order Clubs, Family Security and Order Self-Management Groups, and other self-management groups and clubs ensuring security and order.

2. Building exemplary models of security and order, eliminating bad customs, superstitions, and social evils.

3. Setting up checkpoints and points for security and order protection; maintaining people's patrol activities to prevent crime.

4. Specifying concrete policies and systems to mobilize people's participation in security and order assurance tasks in their localities.

Article 8. Matters for agencies, organizations, and individuals to provide opinions for the Public Security agency to decide

1. Community organization regulations participating in security and public order assurance work in residential areas.

2. Work style and service attitude of officers and soldiers in performing administrative management tasks related to social order.

3. Proposals to commend and reward collectives and individuals who perform their duties well.

4. Administrative reform, reception time, and location adjustment to be appropriate.

5. Measures and solutions to enhance the effectiveness of administrative management tasks related to social order.

6. Suggestions for handling cases violating laws on administrative management of social order.

Article 9. Forms of participation in providing opinions for agencies, organizations, and individuals

Depending on characteristics, nature, and content of the opinions provided, agencies, organizations, and individuals shall apply one, several, or all of the following forms of participation:

1. Through letters sent to the Public Security agency.

2. Through telephone, hotlines, email, suggestion boxes.

3. Through electronic information pages of the Public Security agency.

4. Through meetings at the place of residence (including: Neighborhood groups, villages, hamlets, wards, etc.); workplace, school.

5. Through sociological surveys.

6. Through the citizens' reception activities of the police agency.

7. Other appropriate forms.

Article 10. Rights and responsibilities of agencies, organizations, and individuals

1. Strictly comply with legal provisions in the field of administrative management of social order.

2. When coming to handle procedures and request resolution of matters related to administrative management of social order, must present or attach relevant documents as required; strictly follow office rules and instructions of officers and soldiers performing administrative management tasks related to social order.

3. Detect, report, combat, and prevent acts: Violating administrative management regulations of social order; obstructing or resisting officers and soldiers in performing administrative management tasks related to social order.

4. Assist and coordinate with officers and soldiers in performing administrative management tasks related to social order while carrying out their duties.

Section 3

RESPONSIBILITIES AND LIMITS OF UNIT HEADS AND OFFICERS, SOLDIERS IMPLEMENTING DEMOCRACY IN ADMINISTRATIVE MANAGEMENT WORK RELATED TO SOCIAL ORDER AND STAFF, SOLDIERS IMPLEMENTING DEMOCRACY IN ADMINISTRATIVE WORK ON SOCIAL ORDER MANAGEMENT

Article 11. Responsibilities and authorities of Unit Heads

1. Organize, command, guide, urge, inspect officers and soldiers in the unit to implement and bear responsibility for the results of implementing the contents stipulated in Section 1, Chapter II of this Circular.

2. Equip necessary material bases, equipment, and means for officers and soldiers to perform their tasks in administrative management related to social order. Arrange sufficient staff in quantity and ensure quality for citizen reception work; organize staff rotation according to regulations.

3. Organize the receipt and resolution of complaints and reports from agencies, organizations, and individuals in accordance with regulations.

4. Decide within their authority or propose competent authorities to decide on the contents stipulated in Article 8 of this Circular.

5. Examine, approve or propose competent authorities to resolve the implementation of administrative management contents related to social order based on proposals from agencies, organizations, and individuals and suggestions from officers and soldiers receiving citizens.

6. Timely handle acts exploiting democracy in administrative management work related to social order that infringe upon the interests of the State, rights, and legitimate interests of agencies, organizations, and individuals in accordance with the law.

Article 12. Responsibilities and Authorities of Police Officers

1. Strictly implement the provisions set out in Section 1, Chapter II of this Circular.

2. Adhere strictly to the internal regulations of the People's Public Security, the code of conduct for the People's Public Security, and the work rules of the unit.

3. Accept files and process them within the prescribed time limit according to the administrative management tasks related to social order.

4. Be subject to legal provisions regarding agencies, organizations, and citizens who violate legal regulations.

5. Have the right to refuse to work or immediately address requests in the field of administrative management related to social order from individuals showing signs of intoxication due to alcohol, beer, other stimulants, unable to control their behavior, wearing inappropriate attire, or speaking and acting in ways that violate public civility.

6. Propose competent authorities on implementing exemplary models and innovative initiatives for administrative reform; provide comments on issues relevant to practical work to apply in resolving tasks as stipulated by law.

Article 13. Matters That Administrative Police Officers Shall Not Engage In

1. Do not cause inconvenience or harassment to the people; do not request agencies, organizations, or individuals to provide documents or procedures outside the prescribed regulations.

2. Do not abuse assigned duties and powers to infringe upon the interests of the State, lawful rights and interests of agencies, organizations, enterprises, and individuals.

3. Do not accept complaints, letters, or handle matters for individuals or organizations at home or anywhere other than the workplace.

4. Do not promise, negotiate, or accept money, property, or other material benefits, non-material benefits in exchange for processing administrative procedures related to social order.

Chapter III

IMPLEMENTATION

Article 14. Effective Date

This Circular takes effect from March 30, 2020, and replaces Circular No. 48/2011/TT-BCA dated July 6, 2011, issued by the Minister of Public Security on the implementation of democracy in administrative management related to social order.

Article 15. Responsibility for Implementation

1. The Administrative Management Police Department, the Legal System and Administrative Reform Department have the responsibility to organize inspections and urge the implementation of this Circular.

2. Heads of units under the Ministry, Directors of Public Security of provinces and centrally-administered cities are responsible for organizing the implementation of this Circular.

3. Every six months and annually, Public Security of provinces and centrally-administered cities shall organize mid-term and final reviews of the implementation of this Circular and report the results in writing to the Ministry of Public Security (through the Administrative Management Police Department).

4. During the implementation process, if there are difficulties or obstacles, local Public Security units shall report to the Ministry of Public Security (through the Administrative Management Police Department) for timely guidance, consideration, and resolution.