Circular No. 176/2005/TT-BQP on guiding the handling of complaints and denunciations in the Military

CIRCULAR

Guidelines for Handling Complaints and Petitions in the Military

Based on the Law on Complaints and Petitions dated December 2, 1998, and the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Petitions dated June 15, 2004 (hereinafter referred to as the Law on Complaints and Petitions);

Based on Decree No. 53/2005/NĐ-CP dated April 19, 2005 of the Government detailing and guiding the implementation of the Law on Complaints and Petitions and the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Petitions (hereinafter referred to as Decree No. 53/2005/NĐ-CP);

Based on Decree No. 30/2004/NĐ-CP dated January 16, 2004 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Implementing Article 73 of Decree No. 53/2005/NĐ-CP, after reaching consensus with the General Inspectorate, the Ministry of National Defense provides detailed guidelines for handling complaints and petitions in the military as follows:

I. COMPLAINTS AND HANDLING OF ADMINISTRATIVE DECISIONS

ADMINISTRATIVE ACTIONS

1. Right to complain, scope of complaints:

1.1. Military personnel, defense civil servants, defense workers, other citizens, agencies, organizations have the right to complain about administrative decisions, administrative actions of agencies, units, or persons authorized within military agencies and units when performing official duties that violate the law and directly infringe upon their lawful rights and interests.

1.2. Complaints related to command and management activities prescribed in the Regulations on Troop Management of the Vietnam People's Army; related to the performance of labor contracts and economic contracts not falling within the scope regulated by this Circular.

2. Authority to handle complaints:

2.1. The authority issuing the administrative decision has the authority to handle complaints about administrative decisions and administrative actions according to the Law on Complaints and Petitions. Specifically as follows:

a) The Minister of National Defense;

b) From the level of Regiment Commander, County Militia Battalion Commander and equivalent upwards;

c) From the level of Department Director and equivalent upwards;

d) Director of academy, Principal of school, Director of hospital and equivalent;

e) From the level of Border Guard Post Commander upwards;

g) Director of factory, enterprise, company, corporation and equivalent.

2.2. Complaints about administrative decisions or administrative actions of the commanding officer of an agency or unit or of a person belonging to such agency or unit shall be initially handled by the commanding officer of that agency or unit.

If the lower-level commanding officer has already resolved but there are still complaints, then the immediate higher-level commanding officer shall be responsible for resolving the subsequent complaint.

3. Receiving and processing complaint letters:

Upon receipt of a complaint letter, the commanding officer of the agency or unit shall process as follows:

3.1. For complaint letters within the authority to resolve and meeting all conditions specified in Article 1 of Decree No. 53/2005/NĐ-CP, they must be accepted for resolution; if the complaint letter has signatures of multiple people, guide the complainant to write separate letters to carry out the complaint.

3.2. For complaint letters within the authority to resolve but lacking the conditions to accept for resolution as stipulated in Article 1 of Decree No. 53/2005/NĐ-CP, issue a written response informing the complainant of the reasons for non-acceptance.

3.3. For complaint letters within the authority to resolve of subordinate units, transfer them to the commanding officer of those agencies or units for resolution, while informing and guiding the complainant.

In case the commanding officer of the subordinate agency or unit fails to resolve within the prescribed time limit, the commanding officer of the superior agency or unit shall be responsible:

a) To require the subordinate to resolve according to the law, while directing, inspecting, and urging the resolution of the subordinate;

b) To apply measures within their authority to deal with those who are negligent or intentionally delay the resolution of complaints; in cases requiring measures beyond their authority, report to the higher-level commanding officer for resolution.

3.4. For complaint letters outside the authority to resolve, or regarding matters already decided by final complaint resolution, the receiving agency or unit shall not be responsible for accepting them, but shall provide guidance and responses to the complainant. Guidance and responses shall only be provided once for each complaint matter; if the complainant submits original documents related to the complaint matter, return these documents to the complainant.

3.5. For complaint letters containing both complaint and petition contents, the receiving agency or unit shall be responsible for handling the complaint content according to the guidelines at Point 2 Section I, and the petition content according to the guidelines at Point 2 Section III of this Circular.

3.6. For complaint letters within the authority of the Minister of National Defense:

a) In case the Inspectorate of the Ministry of National Defense receives a letter, it shall be responsible for assisting the Minister of National Defense in studying; if the complaint letter does not meet the conditions specified in Article 1 of Decree No. 53/2005/NĐ-CP for acceptance and resolution, provide guidance or issue a written response informing the complainant of the reasons; if it meets the conditions for acceptance and resolution, take responsibility for reporting and recommending to the Minister of National Defense to decide on examination and resolution.

b) In case the Deputy Ministers of National Defense, the Central Military Commission Inspection Committee, or other departments under the Ministry of National Defense receive a letter, transfer it to the Inspectorate of the Ministry of National Defense for study and handling as in paragraph a above (except for complaints about the Party and judicial activities).

c) In case the matter is complex and involves many agencies and units, the Chief Inspector of the Ministry of National Defense shall lead and coordinate with relevant functional agencies to exchange and unify recommendations for the Minister of National Defense to decide on examination and resolution.

4. Responsibilities of Commanders:

4.1. The commander of the agency or unit shall be responsible for handling complaints within their authority according to the procedures and formalities stipulated in the Law on Complaints and Petitions, Decree No. 53/2005/NĐ-CP, and this Circular.

4.2. During the handling of complaints, the commander of the agency or unit must meet and dialogue directly with the complainant, the person complained against, and those with related rights and interests as stipulated in Article 8 of Decree No. 53/2005/NĐ-CP.

4.3. Based on the provisions of the law; the results of meetings and dialogues; reports on the examination, verification, conclusions, and recommendations for handling complaints; the commander of the agency or unit shall issue a decision to resolve the complaint within the time limit prescribed in the Law on Complaints and Petitions.

4.4. Within seven days from the date of the decision to resolve the complaint, the commander of the agency or unit shall be responsible for sending the decision to resolve the complaint to the complainant, the person complained against, those with rights and interests related to the matter, the commander and the supervisory authority directly above, and the agency or person who transferred the complaint. For complex cases, the complainant, the person complained against, those with rights and interests related to the matter, and representatives of relevant agencies shall be invited to publicly announce the decision to resolve the complaint.

4.5. The commander of the agency or unit shall be responsible for implementing and organizing the implementation of the decision to resolve the complaint that has become legally effective within the scope of their responsibility.

5. Procedure and process for resolving complaints:

The procedure and process for resolving complaints are stipulated in the Law on Complaints and Petitions; this Circular guides certain points as follows:

5.1. Preparing to resolve complaints:

a) The commander of the agency or unit must organize the study of the content of the complaint letter, evidence regarding the administrative decision or administrative act being complained about, and relevant documents provided initially by the complainant;

Through the study, it is necessary to determine the content of the complaint, the subjects and scope that need to be examined and verified;

Collecting and studying legal documents, directives, resolutions, and decisions of the State and military related to the content of the complaint;

Depending on the nature and content of the complaint, the commander may assign the internal audit agency at the same level to independently organize the examination and verification, or assign the internal audit agency at the same level to lead and coordinate with relevant functional agencies to conduct the examination and verification;

For agencies or units with the authority to resolve complaints and petitions but without an internal audit organization, the commander shall base on the content of the complaint letter to assign the agency responsible for temporary audit duties to coordinate with relevant functional agencies to organize the examination and verification.

b) The commander or the agency assigned the task of examining and verifying must issue a decision to conduct the examination and verification of the complaint content. In necessary cases, a decision to conduct an audit may be issued.

The content of the examination and verification decision must clearly state: Legal basis for organizing the examination and verification; the content that needs to be examined and verified; the subjects of examination and verification; the list and tasks and powers of the examination and verification team; the time for conducting the examination and verification;

The inspection and verification team must prepare a plan for examination and verification and report to the person who signed the examination and verification decision for approval.

c) Before conducting the examination and verification, it is necessary to notify the decision, plan for examination and verification, and guide the content of the report to the subjects of examination and verification (including unit commanders, relevant agencies, and individuals) to prepare and have a work plan.

5.2. Conducting examination and verification:

a) Conducting examination and verification according to the provisions of the law.

b) Requesting the complainant to provide files, documents, and evidence related to the content of the complaint; clarifying the reasons for the complaint and specific requests for resolution from the complainant.

c) Requesting the person complained against to explain in writing about the contents being complained about and provide files and documents to prove their explanation.

d) Collecting information, evidence, documents, and legal texts related to the content of the complaint from relevant agencies, units, organizations, and individuals.

e) If necessary, requesting an appraisal of questionable documents and evidence to have a basis for a correct resolution; it must be based on the legal provisions at the time of the incident to clarify the correctness or incorrectness of each content of the complaint.

g) If necessary, organizing a confrontation between the parties involved to clarify the issues needing examination and verification.

During the examination and verification process, collecting documents and evidence, working with the complainant, the person complained against, and related parties, all must record minutes, clearly stating the opinions of the participants. The work minutes must be read aloud and signed by all participants.

5.3. Concluding and announcing the results of examination and verification:

a) Before concluding the examination and verification, the Inspection Team must inform the preliminary results of the examination and verification to the complainant, the person complained against, and the agencies, units, and individuals with legitimate rights and interests related to the matter to provide additional explanations (if any). The Inspection Team is responsible for considering and reviewing the explanations of the parties.

b) Upon concluding the examination and verification, the Inspection Team must submit a written report on the results of the examination and verification, conclusions on the content of the complaint, and recommendations for measures to resolve the matter.

If an audit is conducted, the Head of the Audit Team shall implement according to the legal regulations on auditing.

c) After concluding the examination and verification, the announcement of the results must be recorded in a protocol, clearly stating the opinions of the parties and signing together.

5.4. Issuing a decision to resolve the complaint:

a) The Chief Inspector or the agency assigned to examine and verify must report to the commander with the authority to resolve the complaint about the results of the examination and verification, and recommend measures for resolution so that the commander can consider and sign the decision to resolve the complaint.

b) The commander of the agency or unit with the authority to resolve the complaint must consider the results of the examination and verification, conclusions, and recommendations on the content of the complaint to sign the decision to resolve the complaint; the conclusion of the examination and verification, notice, meeting minutes, or other forms of documents shall not be used to replace the decision to resolve the complaint.

For cases involving many complicated circumstances and multiple sectors and agencies, the commander of the agency or unit may organize an advisory meeting with the participation of relevant functional agencies to seek advice before signing the decision.

c) The delivery and public announcement of the decision to resolve the complaint shall be carried out as guided in Point 3.4 of Section I of this Circular.

5.5. Organizing the implementation of the decision to resolve the complaint:

The head of the agency or unit that issued the decision to resolve complaints shall be responsible for inspecting, urging, applying measures within their authority, or requesting agencies or units with such authority to apply necessary measures to ensure that the complaint resolution decision is implemented in accordance with the provisions of the law.

5.6. Archiving complaint resolution files: The resolution of complaints must be recorded in a file and retained in accordance with Article 47 of the Law on Complaints and Petitions and regulations on file management of the Military. It is strictly prohibited to copy documents in the file and provide them to anyone without permission from the head of the agency retaining the file.

6. Reviewing the final decision resolving complaints that violate the law:

6.1. According to Clause 15 of Article 2 of the Law on Complaints and Petitions and the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Petitions: "The final decision resolving complaints is an effective decision and the complainant has no right to appeal further."

6.2. The final decision resolving complaints may only be reviewed if one of the grounds specified in Clause 1 of Article 21 of Decree No. 53/2005/ND-CP is discovered. Article 21 of Decree No. 53/2005/ND-CP.

6.3. The review of the final decision resolving complaints that violates the law shall be carried out in accordance with the provisions from Article 21 to Article 26 of Decree No. 53/2005/ND-CP.

6.4. In cases where a violation of one of the grounds specified in Clause 1 of Article 21 of Decree No. 53/2005/ND-CP is discovered, or when the General Inspectorate of the Government issues a recommendation to the Minister of National Defense to review the final decision resolving complaints, the Inspectorate of the Ministry of National Defense shall be responsible for leading and coordinating with relevant functional agencies of the Ministry of National Defense to advise and propose solutions to the Minister of National Defense within the time limit prescribed by law.

II. COMPLAINTS AND RESOLUTION OF DISCIPLINARY DECISIONS

The procedures for complaints and resolution of disciplinary decisions are stipulated in the Law on Complaints and Petitions and Article 227 of the Regulations on Military Unit Management of the Vietnam People's Army 2002 issued by the Ministry of National Defense; this Circular guides certain points as follows:

1. Complaints by military personnel against disciplinary decisions are governed by the Regulations on Military Unit Management of the Vietnam People's Army and resolved according to the provisions of the Law on Complaints and Petitions and the guidance provided in this Circular.

2. Authority and responsibility for resolving complaints about disciplinary decisions:

2.1. Complaints against disciplinary decisions signed by the head of which agency or unit shall be handled by the head of that agency or unit, who is responsible for receiving, examining, and issuing a decision to resolve; this is the first-level complaint resolution decision.

2.2. In cases where the complainant disagrees with the first-level complaint resolution decision and appeals further, the head of the superior agency or unit directly above shall have the authority and responsibility to resolve the complaint next, examining and issuing a decision to resolve in accordance with the Law on Complaints and Petitions; this is the final complaint resolution decision.

3. The statute of limitations for complaints about disciplinary decisions is 15 days, counted from the date of receipt of the disciplinary decision.

In cases where the complainant is unable to exercise their right to appeal within the statute of limitations due to illness, natural disasters, enemy attacks, being on official duty or study far away, or other objective obstacles, the period during which such obstacles exist shall not be counted towards the statute of limitations for complaints.

4. Complaints and resolution of disciplinary decisions shall be carried out in accordance with the provisions of Articles 50, 51, 52, 53, and 54 of the Law on Complaints and Petitions.

III. PETITIONS AND RESOLUTION OF PETITIONS

1. Right to petition, scope of petitions:

Citizens (including military personnel, defense civil servants, and defense civilian employees) have the right to petition to competent agencies, organizations, or individuals regarding the illegal acts of any agency, unit, or individual inside or outside the military that violate laws, regulations, duties, and military provisions causing damage or threatening to cause damage to the interests of the State, the Military, the rights, and legitimate interests of organizations, agencies, units, and citizens.

2. Authority to resolve petitions:

The authority to resolve petitions is stipulated in the Law on Complaints and Petitions; this Circular provides guidance on certain points as follows:

2.1. Petitions concerning violations of laws, regulations on duties, and military provisions by persons under the management of which agency or unit shall be resolved by the head of that agency or unit, who has the authority and responsibility to resolve.

2.2. Petitions concerning violations of laws, regulations on duties, and military provisions by the commander or deputy commander of which agency or unit shall be resolved by the head of the superior agency or unit directly above that unit, who has the authority and responsibility to resolve.

2.3. Petitions concerning violations of laws related to the state management functions of which agency or unit shall be resolved by that agency or unit, which has the responsibility to resolve.

2.4. Petitions concerning criminal offenses shall be resolved by judicial organs in accordance with the provisions of criminal procedure law.

3. Receiving and processing petition letters:

3.1. Upon receipt of a petition letter, the head of the agency or unit shall be responsible for classifying and processing it as follows:

a) For petitions within the authority to resolve of the head of the agency or unit themselves, they must be accepted and resolved in accordance with the procedures and formalities stipulated in the Law on Complaints and Petitions and this Circular.

b) For petitions within the authority to resolve of subordinate units, if they are not resolved within the time limit stipulated in the Law on Complaints and Petitions, the head of the superior agency or unit shall issue instructions and request the subordinate unit to resolve in accordance with the law, while also having the responsibility to guide, inspect, and urge the resolution process of the subordinate unit.

c) For petitions not within the authority to resolve of the head of the agency or unit themselves, they must be transferred to the head of the agency or unit with the authority to resolve along with any related evidence materials (if available), and notify the petitioner (if requested).

d) For petitions concerning criminal acts, they shall be transferred to the Criminal Investigation Agency and the Military Prosecutor for handling in accordance with Article 71 of the Law on Complaints and Petitions.

e) Not to consider or resolve anonymous complaints, those with forged names, unclear addresses, lacking direct signatures but only photocopied signatures; complaints that have been resolved by competent authorities and are now resubmitted without new evidence.

3.2. The Inspectorate of the Ministry of National Defense shall be responsible for assisting the Minister of National Defense in receiving, studying, reporting, and proposing recommendations for the Minister of National Defense to decide on the examination and resolution of complaints within the Minister's jurisdiction.

In cases where the matter is complex and involves multiple agencies or units, the Chief Inspector of the Ministry of National Defense shall lead and coordinate with relevant functional agencies to exchange views and reach consensus on proposals for the Minister of National Defense to decide on accepting and resolving the case.

3.3. Inspection agencies at all levels shall be responsible for assisting their respective commanders in receiving, studying, reporting, and proposing recommendations for their commanders to decide on the examination and resolution of complaints within their own level's jurisdiction.

4. Responsibilities of Commanders:

4.1. Commanders of agencies and units shall be responsible for resolving complaints within their jurisdiction according to the procedures and formalities stipulated in the Law on Petitions and Complaints, Decree No. 53/2005/NĐ-CP, and this Circular.

4.2. In cases where the complained conduct causes or threatens to cause serious damage to the interests of the State, the Military, or the lives and property of citizens, the commander of the agency or unit receiving the complaint must immediately report to the relevant competent authority to take measures to prevent such damage.

4.3. In cases where the commander of the agency or unit receives information indicating that the complainant is being threatened, harassed, or retaliated against, they must take responsibility for directing or coordinating with relevant functional agencies to clarify the situation, protect the complainant, prevent retaliation, and propose appropriate measures for handling the perpetrators under the law.

4.4. Based on legal provisions, the results of verification and investigation, conclusions, and recommendations for resolving complaints, the commander of the agency or unit shall be responsible for issuing a decision to handle the complaint within the time limit prescribed by the Law on Petitions and Complaints.

4.5. The commander of the agency or unit shall be responsible for sending the conclusion document of the complaint case and the decision to handle the complaint to the superior command and inspection agency; notifying the complainant of the resolution result if requested, except for contents classified as state or military secrets.

4.6. The commander of the agency or unit shall be responsible for implementing and organizing the implementation of the decision to handle the complaint within their scope of responsibility.

5. Procedures and Formalities for Resolving Complaints

5.1. Preparing to Resolve Complaints:

a) The commander of the agency or unit must organize the study of the complaint letter (or recorded statement) and initial materials and evidence provided by the complainant to understand the specific case; must identify the content of the complaint, the subject of the complaint, related parties, and the scope of verification and investigation. Depending on the nature and content of the complaint, the commander may assign the same-level inspection agency to independently organize verification and investigation, or lead and coordinate with relevant functional agencies to carry out these tasks.

b) The commander or agency assigned the task of verification and investigation must issue a decision to proceed with verification and investigation of the complaint content. If deemed necessary, a decision to inspect may also be issued.

The Head of the Verification and Investigation Team must prepare a plan for verification and investigation and report it to the person who signed the verification and investigation decision for approval.

Before conducting verification and investigation, the decision, plan, and guidance on the content of the report must be communicated to the subjects of verification and investigation to prepare accordingly.

c) In cases where the person performing combat duties or urgent work is being complained about, but the complaint content does not fall within the scope of their duties or work, after completing their mission or work, they must fulfill the rights and obligations of the accused; this situation must be confirmed by the immediate commander responsible for their duties or work.

If the complaint content falls within the scope of their combat duties or urgent work, the accused must immediately exercise their rights and obligations when the immediate superior commander resolves the complaint within their jurisdiction.

5.2. Conducting examination and verification:

a) Conduct verification and investigation strictly in accordance with legal regulations; if an inspection team is established, conduct inspections in accordance with the Inspection Law.

b) Request the complainant to provide additional materials and evidence related to the complaint content (if applicable).

c) Require the accused to explain in writing about the complained content and provide files and materials to prove their explanation.

d) Collect information and evidence from relevant agencies, units, organizations, and individuals.

e) Verify evidence based on legal provisions at the time of the incident to clarify the accuracy of each complaint content. If necessary, request an appraisal of questionable materials and evidence to have a basis for accurate consideration.

g) During the process of verification, investigation, collection of materials and evidence, and meetings with the complainant, the accused, and related parties, minutes must be made, clearly recording the opinions of participants. Meeting minutes must be read aloud and signed by all participants.

5.3. Concluding and announcing the results of examination and verification:

a) Before concluding the verification and investigation, the inspection team must notify preliminary results to the accused and related agencies, units, and individuals to provide further explanations (if applicable). The inspection team is responsible for considering and reviewing the explanations of all parties.

b) Upon completion of verification and investigation, the inspection team must submit a report on the results of verification and investigation, conclusions on the complaint content, and proposed measures for resolution.

In cases where an inspection is conducted, the Head of the Inspection Team shall act in accordance with the laws on inspection.

c) After concluding verification and investigation, the publication of results must be documented in a record, clearly stating the opinions of all parties and signed by all.

5.4. Issuing a Decision to Handle Complaints:

a) The Chief Inspector or the agency assigned to verify and investigate must submit a written report to the commander of the agency or unit regarding the results of verification and investigation, conclusions, and proposed measures for handling.

b) The head of the agency or unit with the authority to resolve complaints must examine the results of verification, investigation, conclusions, and recommendations regarding the complaint's content before signing the decision to handle the complaint.

For cases involving many complex circumstances and related to multiple sectors and agencies, the head of the agency or unit may organize advisory meetings, including relevant functional agencies, to seek opinions prior to signing the decision.

c) The report on the results of inspection, verification, conclusion of the complaint case, and the decision to handle the complaint must be sent to the head and the superior supervisory agency within seven days from the date of the handling decision; notify the complainant of the resolution result if they request it (only disclose relevant content), except for those contents listed in the State secrets and military secrets directory.

5.5. Organizing the enforcement of the decision to handle complaints:

The head of the agency or unit that issued the decision to handle the complaint is responsible for inspecting, urging, applying measures within their authority, or requesting other agencies or units with the authority to apply necessary measures to deal with violators.

5.6. Archiving complaint resolution files:

Complaint resolution procedures must be documented and retained according to Article 73 of the Law on Petitions and Complaints and regulations on file management of the military. Strictly prohibit copying documents in the file and providing them to anyone without permission from the head of the agency or unit retaining the file.

IV. ORGANIZING CITIZEN GREETINGS

The organization of citizen greetings for petitions and complaints is regulated by the Law on Petitions and Complaints; Circular No. 769/1998/TT-QP dated March 18, 1998, of the Ministry of National Defense guiding the implementation of the regulation on organizing citizen greetings by the Government in the Military (hereinafter referred to as Circular No. 769/1998/TT-QP); this circular guides the following points:

1. Place for citizen greetings:

Citizen greetings for petitions, complaints, reflections, suggestions, inquiries, and submission of petition and complaint letters shall be conducted at the place designated for citizen greetings.

The head of the agency or unit must organize and manage the place for citizen greetings of their own agency or unit; issue rules for citizen greetings; arrange the place for citizen greetings at a convenient location; ensure financial, material, bookkeeping, form, and necessary equipment conditions so that citizens can easily present their petitions, complaints, suggestions, reflections, and inquiries related to petitions and complaints as stipulated by law.

At the place for citizen greetings, serious decoration must be carried out, and the schedule and rules for citizen greetings must be posted. The schedule for citizen greetings must clearly record the time and position of the person greeting citizens. The rules for citizen greetings must clearly state the responsibilities and authorities of the person greeting citizens, as well as the rights and obligations of the person presenting petitions and complaints.

2. Responsibilities for citizen greetings:

2.1. Heads of agencies and units have the responsibility to directly greet citizens periodically as stipulated in Point 4, Section II of Circular No. 769/1998/TT-QP; the schedule for citizen greetings of the heads of agencies and units must be publicly announced at the place for citizen greetings so that everyone is aware.

2.2. Supervisory agencies at all levels have the responsibility to organize regular citizen greetings in accordance with the law. The place for citizen greetings should be arranged together with the place for citizen greetings of the heads of agencies and units at the same level; the heads of agencies and units at the same level manage and direct activities.

For agencies and units without dedicated inspection staff, the head will base the organizational structure of the agency or unit to arrange officers to concurrently handle citizen greetings.

V. MANAGEMENT OF PETITION AND COMPLAINT RESOLUTION WORK

1 Content of Management:

1.1. Issuing and guiding the implementation of normative legal documents on petitions and complaints and citizen greetings;

1.2. Building content, programs, and plans for petition and complaint resolution work suitable to the situation, tasks, and in compliance with the law;

1.3. Propagating and educating the law on petitions and complaints;

1.4. Inspecting and checking the implementation of legal provisions on petitions and complaints and citizen greetings by military agencies and units;

1.5. Handling petitions and complaints within their authority. Monitoring, urging, and guiding the implementation of decisions on petition resolution and complaint handling by authorized heads;

1.6. Training and enhancing cadres engaged in petition and complaint resolution and citizen greetings, including both dedicated and concurrent cadres;

1.7. Summarizing the situation of petitions and complaints, petition resolution, and citizen greetings in the military and reporting to the Minister of National Defense or submitting to the Minister of National Defense for reporting to the Government as prescribed;

1.8. Summarizing experiences and researching science on petition and complaint resolution work and citizen greeting organization in the military.

2 Responsibilities of the heads of agencies and units.

2.1. The Minister of National Defense implements state management over petition and complaint resolution work in accordance with Article 82 of the Law on Petitions and Complaints.

2.2. Heads of agencies and units at all levels in the military implement management of petition and complaint resolution and citizen greeting work within their management authority and are responsible to their immediate superiors for these tasks.

Implementing the reporting system on the situation of petitions and complaints, petition resolution work, and citizen greetings as prescribed.

3 Responsibilities of supervisory organizations at all levels in the Military.

3.1. The Inspectorate of the Ministry of National Defense has the responsibility to advise and assist the Minister of National Defense in managing petition and complaint resolution work throughout the military;

3.2. Inspectors at all levels have the responsibility to advise and assist their respective heads in managing petition and complaint resolution work within their authority; summarizing the situation of petitions and complaints, petition resolution, and citizen greetings in their units. For agencies and units without an inspectorate, the head assigns the political department of the unit to undertake this work.

3.3. The Chief Inspectors at all levels have the responsibility:

a) Organizing monitoring, receiving, classifying, and processing petition and complaint letters; recommending the acceptance and resolution of petitions and complaints within the jurisdiction of the respective head.

b) Verify, conclude, and recommend the handling of complaints and denunciations within the jurisdiction of the same-level commander;

c) For agencies and units without inspection organizations, the commander shall base on the content of the complaint and denunciation letters to assign relevant functional agencies to cooperate in organizing verification and concluding the content of the complaints and denunciations, and recommending their handling;

d) Review and conclude the content of denunciations that have been resolved by the subordinate agency or unit's commander but there are violations of the law; in case the conclusion of the resolution involves violations of the law, recommend the commander of the agency or unit that has resolved the denunciation to review and resolve it again. Within thirty days, the commander of the agency or unit that has resolved the denunciation is responsible for implementing and reporting the results to the inspection agency that made the recommendation;

đ) Inspect and check the responsibility of the subordinate agency or unit's commander in the implementation of laws on complaints and denunciations;

4. Reporting System:

4.1. The commander of the agency or unit shall report the results of resolving each complaint and denunciation within their jurisdiction to the inspection agency and the higher-level commander as prescribed;

4.2. Annually, quarterly, every six months, and every nine months, the commanders of agencies and units under the Ministry of National Defense shall report to the Minister of National Defense through the Inspectorate of the Ministry of National Defense on the work of resolving complaints and denunciations and receiving citizens within their management scope;

5. Documents and forms for handling complaints and denunciations:

Documents and forms for handling complaints and denunciations shall be uniformly implemented from Appendix No. 01 to Appendix No. 13 attached hereto;

VI. VIOLATION HANDLING

Handling violations of the law on complaints and denunciations shall be carried out according to the provisions from Article 96 to Article 100 of the Law on Complaints and Denunciations; from Article 63 to Article 68 of Decree No. 53/2005/NĐ-CP, the commander of the agency or unit within the scope of their functions, duties, and authority shall be responsible for:

1. Issuing a decision to temporarily suspend the execution of the decision resolving the complaint or the decision handling the denunciation of the subordinate unit's commander when discovering violations of the law in the resolution;

2. Issuing a decision to temporarily suspend the work of personnel under their management who intentionally obstruct or fail to comply with the effective legal decision resolving the complaint or the decision handling the denunciation, or fail to comply with the requirements of the inspection agency or the higher-level agency or unit in resolving complaints and denunciations;

3. Issuing a disciplinary decision according to the Regulations on Military Personnel Management of the Vietnam People's Army and other regulations of the Ministry of National Defense, or applying other measures provided by law for persons committing any of the acts stipulated in Articles 96, 97, 98, 99, and 100 of the Law on Complaints and Denunciations but not reaching the level of criminal prosecution;

VII. IMPLEMENTATION ORGANIZATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette and replaces Circular No. 3911/2000/TT-BQP dated December 31, 2000 of the Ministry of National Defense guiding the implementation of the Law on Complaints and Denunciations in the military, and Circular No. 125/2002/TT-BQP dated September 16, 2002 of the Ministry of National Defense amending and supplementing certain points of Circular No. 3911/2000/TT-BQP dated December 31, 2000;

2. Commanders at all levels and sectors in the military are responsible for organizing the implementation of this Circular; disseminating and ensuring that all military personnel, defense civil servants, and defense workers in their units understand the contents of the Law on Complaints and Denunciations 1998, the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Denunciations 2004, Decree No. 53/2005/NĐ-CP dated April 19, 2005 of the Government, and this Circular;

3. The Chief Inspector of the Ministry of National Defense is responsible for inspecting and urging the implementation of this Circular;

During the implementation process, if there are difficulties, agencies and units shall promptly report in writing to the Inspectorate of the Ministry of National Defense for consolidation and reporting to the Ministry of National Defense for amendment and supplementation./.