Circular No. 18/2022/TT-BGTVT guides on the receipt and handling of complaints and suggestions from individuals and organizations regarding administrative regulations within the jurisdiction of the Ministry of Transport.

CIRCULAR
Guidelines on the receipt and handling of complaints and suggestions from individuals and organizations regarding administrative regulations within the scope of management of the Ministry of Transport
concerning administrative regulations within the jurisdiction of the Ministry of Transport

 

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt and handling of complaints and suggestions from individuals and organizations regarding administrative regulations;

Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control;

Pursuant to Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain articles of related decrees concerning administrative procedure control;

Pursuant to Decree No. 92/2017/NĐ-CP dated August 7, 2017 of the Government amending and supplementing certain provisions of related decrees concerning administrative procedure control;

On the basis of Decision No. 31/2021/QĐ-TTg dated October 11, 2021 of the Prime Minister promulgating the regulation on management, operation, and exploitation of the National Public Service Portal;

At the proposal of the Director of the Office of the Ministry;

The Minister of Transport issues this Circular guiding the receipt and handling of complaints and suggestions from individuals and organizations regarding administrative regulations within the scope of management of the Ministry of Transport.

PART I
GENERAL PROVISIONS

Article 1. Scope of Application

1. This Circular guides the receipt and handling of complaints and suggestions from individuals and organizations regarding administrative regulations within the scope of management of the Ministry of Transport (hereinafter referred to as the Ministry).

2. This Circular does not regulate complaints and denunciations and the resolution of complaints and denunciations.

Article 2. Applicability

This Circular applies to:

1. Agencies, organizations, and individuals under the Ministry of Transport have the authority to receive and handle complaints and suggestions from individuals and organizations regarding administrative regulations within the scope of management of the Ministry of Transport.

2. Individuals and organizations that have complaints and suggestions regarding administrative regulations within the scope of management of the Ministry of Transport.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Administrative regulations on transport are those regulations concerning mechanisms, policies, and administrative procedures related to business activities and people's lives, within the scope of management of the Ministry of Transport, issued by state agencies or persons with competent authority in accordance with the provisions of law.

2. Complaints are actions where individuals and organizations express opinions to the Ministry of Transport about issues related to administrative regulations on transport, including specific difficulties encountered in implementation; lack of legality, reasonableness, consistency, or conformity with the Vietnamese legal system or international treaties to which Vietnam is a party; and other issues.

3. Suggestions are actions where individuals and organizations make complaints to the Ministry of Transport in accordance with Clause 2 of this Article and propose solutions or innovative measures for new administrative regulations on transport related to business activities and people's lives.

4. The information system for receiving and handling complaints and suggestions (hereinafter referred to as the Information System) is an electronic information system with functions to support the receipt, classification, transfer, and handling of complaints and suggestions from individuals and organizations regarding administrative regulations, as well as the public disclosure of handling results.

Article 4. Principles for Receiving and Handling Complaints and Suggestions

1. Compliance with all current legal provisions.

2. Ensuring transparency, objectivity, and honesty.

3. The process of receiving, classifying, transferring for handling, and handling must be specific, clear, and consistent, ensuring simple and convenient procedures for individuals and organizations to submit complaints and suggestions.

4. Ensuring the security of information when sending, transferring, and storing data on complaints and suggestions from individuals and organizations.

Chapter II

CONTENT, FORM AND REQUIREMENTS

FOR COMPLAINTS AND SUGGESTIONS

Article 5. Content of Reflections and Suggestions

Organizations and individuals may reflect and suggest on the following contents:

1. Specific difficulties encountered in implementing administrative regulations due to delays, causing inconvenience, or failure to implement, or incorrect implementation of administrative regulations by agencies and units under the Ministry; or by civil servants of agencies and units under the Ministry.

2. The inconsistency of administrative regulations on transport with reality.

3. The lack of synchronization and consistency among administrative regulations on transport.

4. Administrative regulations on transport that are illegal.

5. Administrative regulations on transport that contravene international treaties to which Vietnam has acceded or joined.

6. Other issues related to administrative regulations on transport.

7. Proposals for handling reflections and suggestions stipulated in Clauses 1, 2, 3, 4, 5, 6, and 9 of this Article.

8. Initiatives for issuing new administrative regulations on transport related to business activities and people's lives.

9. Reflections and suggestions on administrative procedures in the transport sector with the following contents:

a) Administrative procedures that have taken effect but have not been published on the National Database of Administrative Procedures, the Government Portal, the Central and Provincial Public Service Portals, or have been published but are incomplete or inaccurate according to regulations;

b) Administrative procedures that have expired or been abolished but are still publicly posted on the National Database of Administrative Procedures, the Government Portal, the Central and Provincial Public Service Portals;

c) Inconsistencies between administrative procedures published on the National Database of Administrative Procedures and those publicly disclosed at the places where such procedures are handled; between the National Database of Administrative Procedures and the Government Portal, the Central and Provincial Public Service Portals;

d) Inconsistencies between administrative procedures being handled and those publicly disclosed at the places where such procedures are handled and published on the National Database, the Government Portal, the Central and Provincial Public Service Portals;

đ) Administrative procedures that continue to cause difficulties, obstacles, inconsistencies, hindering production, business activities, and people's lives.

Article 6. Forms of Reflections and Suggestions and Requirements for Reflections and Suggestions

1. Forms of reflections and suggestions

a) By written form;

b) By telephone;

c) Through Opinion Survey Forms;

d) Directly;

đ) Data messages sent via email of the receiving agency (email address: [email protected]), the Government Portal of the Ministry of Transport (access address: https://www.mt.gov.vn), the Public Service Portal and the electronic single window system of the Ministry of Transport (access address: https:/dichvucong.mt.gov.vn, section Complaints and Suggestions) or the National Public Service Portal (access address: https:/dichvucong.gov.vn, section Complaints and Suggestions).

2. Requirements for written reflections and suggestions

a) Individuals and organizations reflecting and suggesting by written form shall send to the following addresses:

Deliver directly to the Office of Archives and Records Management of the Ministry of Transport at No. 80 Tran Hung Dao Street, Hanoi; or

Send through postal services to the Ministry of Transport at No. 80 Tran Hung Dao Street, Hanoi; or

Send via the Internet to the "Feedback" section on the Government Portal of the Ministry of Transport (access address: https://www.mt.gov.vn), the Complaints and Suggestions section on the Public Service Portal and the electronic single window system of the Ministry of Transport (access address: https:/dichvucong.mt.gov.vn) or send emails to the address: [email protected] for the Receiving Agency, the Administrative Procedure Control Department of the Ministry of Transport (hereinafter referred to as the Administrative Procedure Control Department).

b) Use the Vietnamese language, Unicode Vietnamese character set TCVN 6909: 2001;

c) Clearly state the content of reflections and suggestions;

d) Clearly record the name, address, phone number (or mail address when contact is required) of the individual or organization making the reflection or suggestion.

3. Requirements for reflections and suggestions by telephone

a) Individuals and organizations reflecting and suggesting by telephone through the hotline number 024.32151184 (for reflections and suggestions from abroad, call 0084.2432151184) of the Administrative Procedure Control Department under the Office of the Ministry of Transport;

b) Use the Vietnamese language;

c) Clearly present the content of reflections and suggestions;

d) Announce the name, address, phone number (or mail address when contact is required) of the individual or organization making the reflection or suggestion.

4. Requirements for reflections and suggestions through Opinion Survey Forms

This form applies only when agencies and units under the Ministry of Transport wish to seek opinions from individuals and organizations on specific administrative regulations. Sending Opinion Survey Forms can be done through one or more methods such as:

a) Sending official letters to solicit opinions;

b) Soliciting opinions through mass media;

c) Sending data messages via the internet (email, the "Feedback" section on the Government Portal of the Ministry of Transport).

5. Requirements for reflections and suggestions by data messages sent via email of the receiving agency, the Government Portal of the Ministry of Transport, or the National Public Service Portal

a) Reflections and suggestions must be sent to the correct email address, access address of the Government Portal of the Ministry of Transport, or the address of the National Public Service Portal announced publicly by the receiving agency;

b) Use the Vietnamese language; font of the Vietnamese character set (Vietnamese Unicode font) according to the Vietnamese standard TCVN 6909:2001;

c) Clearly state the content of reflections and suggestions;

d) Clearly record the name, address, phone number, email address, or mail address when contact is required of the individual or organization making the reflection or suggestion;

đ) Attach files in appropriate formats as required by the information system;

e) Must have an account on the National Public Service Portal (for organizations and individuals sending reflections and suggestions on the National Public Service Portal).

Chapter III

RECEIVING, CLASSIFYING, ASSIGNING TASKS TO HANDLE COMPLAINTS AND PETITIONS

REFLECTIONS, PETITIONS

Article 7. Receiving complaints and petitions

1. Complaints and petitions sent to the address specified in point a Clause 2, point a Clause 3, and point a Clause 5 of Article 6 of this Circular shall be received as follows:

a) The Administrative Procedure Control Office is the focal point for receiving, classifying, transferring for handling, and proposing the Ministry's leadership to handle complaints and petitions in accordance with regulations;

b) For complaints and petitions sent directly or through the postal system, the Office of Secretariat and Archives shall receive them in accordance with current regulations on receiving incoming documents and transfer them to the Administrative Procedure Control Office for classification and transfer for handling complaints and petitions in accordance with this Circular;

c) For complaints and petitions made through electronic data message forms, the Administrative Procedure Control Office shall log in to the Email, Electronic Information Portal of the Ministry of Transport or the National Public Service Portal to receive, classify, and transfer for handling complaints and petitions in accordance with this Circular;

d) For complaints and petitions made by telephone, staff members of the Administrative Procedure Control Office shall record all information about the complaints and petitions according to the model prescribed in Appendix I issued together with this Circular in the Logbook, classify, and transfer for handling complaints and petitions in accordance with this Circular;

đ) For direct complaints and petitions, officers assigned to receive them from the Ministry shall guide individuals and organizations to express their complaints and petitions in writing;

2. For complaints and petitions sent directly to agencies and units under the Ministry, the receiving agency shall be responsible for responding to individuals and organizations in accordance with regulations and simultaneously send the results to the Administrative Procedure Control Office for consolidation and reporting;

3. Agencies and units under the Ministry that are authorized to respond or have the authority to respond to complaints and petitions on the National Public Service Portal shall be responsible for receiving them, coordinating with related units to respond in writing according to the model prescribed in Appendix II issued together with this Circular, and sending them to organizations and individuals while also sending them to the Ministry’s Office or updating them on the National Public Service Portal in accordance with regulations;

Article 8. Classifying and Assigning Tasks to Handle Complaints and Petitions

1. For complaints and petitions not in compliance with the content and requirements stipulated in Article 5 and Clauses 2, 3, and 5 of Article 6 of this Circular, within two working days from the date of receipt, the Administrative Procedure Control Office shall be responsible for informing organizations and individuals that they will not be accepted and stating the reasons clearly;

2. For complaints and petitions with unclear content as stipulated in Article 5 of this Circular, within five working days from the date of receipt, the Administrative Procedure Control Office shall take the lead in coordinating with agencies and units under and affiliated with the Ministry to request organizations and individuals to supplement and clarify the content of the complaints and petitions;

3. For complaints and petitions meeting the content and requirements stipulated in Article 5 and Clauses 2, 3, and 5 of Article 6 of this Circular but not within the decision-making authority or management scope of the Ministry of Transport, within five working days from the date of receipt, the Administrative Procedure Control Office shall be responsible for transferring the complaints and petitions to relevant agencies, units, and authorities for handling and responding in accordance with the law and notifying organizations and individuals accordingly;

4. For complaints and petitions meeting the content and requirements stipulated in Article 5 and Clauses 2, 3, and 5 of Article 6 of this Circular within the decision-making authority or management scope of the Ministry of Transport, the Administrative Procedure Control Office shall be responsible for sending them to agencies and units under and affiliated with the Ministry for receiving, handling, and responding in accordance with the law;

5. For complaints and petitions related to the transport sector within the jurisdiction of two or more different agencies and units, but these agencies cannot agree on a handling plan, or have already been responded to by other agencies but citizens and businesses remain dissatisfied and continue to submit complaints and petitions, the Administrative Procedure Control Office shall receive them, take the lead, coordinate with related agencies to organize research, propose the Ministry's leadership to consider and decide, and respond in accordance with the law.

Chapter IV

HANDLING COMPLAINTS AND SUGGESTIONS

Article 9. Procedure for Handling Reflections and Suggestions

1. On the basis of reflections and suggestions transferred through the National Public Service Portal or via official documents or official emails with signed digital files by the Office of the Ministry, relevant agencies and units shall study, handle or coordinate to handle such reflections and suggestions according to the procedure stipulated in Article 14 of Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on receiving and handling reflections and suggestions from organizations and individuals regarding administrative regulations (amended and supplemented by Decree No. 92/2017/NĐ-CP dated August 7, 2017 of the Government amending and supplementing certain articles of related decrees concerning administrative procedure control).

2. In cases where reflections and suggestions involve multiple agencies and units, the Office of the Ministry shall determine the leading unit and related agencies to coordinate in handling them.

Article 10. Time Limit for Handling and Responding to Reflections and Suggestions

1. The time limit for handling and responding to reflections and suggestions is 15 working days from the date of receipt of such reflections and suggestions. If the handling is not completed within this period, the agencies and units shall update the handling status into the Information System for Receiving and Responding to Reflections and Suggestions every five working days thereafter to inform organizations and individuals.

2. For reflections and suggestions that have been resolved, the agencies and units shall update the results into the Information System for Receiving and Responding to Reflections and Suggestions within two working days to respond to organizations and individuals.

3. In cases where the content of reflections and suggestions involves national security protection or contains information subject to national security protection during the handling process, the response procedures must be carried out and managed under confidentiality rules without updating information on the Information System.

Article 11. Disclosure of Results of Handling Reflections and Suggestions

1. Heads of agencies and units under the Ministry shall be responsible for disclosing the results of handling reflections and suggestions within their jurisdiction.

2. The Office of the Ministry shall be responsible for disclosing the results of handling reflections and suggestions regarding administrative regulations within the scope of management of the Ministry of Transport.

3. The form of disclosure of the results of handling reflections and suggestions shall be implemented according to Article 19 of Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on receiving and handling reflections and suggestions from organizations and individuals regarding administrative regulations (amended and supplemented by Decree No. 92/2017/NĐ-CP dated August 7, 2017 of the Government amending and supplementing certain articles of related decrees concerning administrative procedure control).

Article 12. Responsibilities of Agencies, Units, and Individuals in Receiving and Handling Reflections and Suggestions

1. Responsibilities of the Office of the Ministry

a) Assigning civil servants and staff to carry out receiving, classifying, transferring for handling, and proposing to the Ministry's leadership to handle reflections and suggestions as prescribed;

b) Using high-level account to manage permissions, receive, and handle reflections and suggestions on the National Public Service Portal; revoking user rights when civil servants, officials, or staff transfer jobs or no longer participate in managing and handling reflections and suggestions;

c) Announcing publicly reflections and suggestions about administrative regulations that have been processed by authorized authorities on the National Public Service Portal and the Government's Electronic Portal;

d) Managing, exploiting, and guiding subordinate agencies and units in the Ministry to manage, exploit, and use the Unified Information System for Receiving and Handling Reflections and Suggestions within the Ministry.

2. Responsibilities of agencies and units implementing receiving and handling reflections and suggestions

a) Assigning civil servants and staff to carry out receiving and responding to reflections and suggestions according to the prescribed procedures;

b) Organizing the implementation of receiving and handling reflections and suggestions according to the prescribed procedures;

c) Updating the situation and results of handling reflections and suggestions on the National Public Service Portal as guided by the Office of the Ministry;

d) Reporting statistics on reflections and suggestions as required by the Ministry (through the Office of the Ministry).

3. Responsibilities of civil servants and staff implementing receiving reflections and suggestions

a) Civil servants and staff assigned to manage, receive, and handle reflections and suggestions on the National Public Service Portal must register accounts on the National Public Service Portal and be granted appropriate permissions to handle reflections and suggestions on the Information System;

b) Guiding citizens and businesses to access the Information System to submit, search for situations and responses to reflections and suggestions;

c) Contacting and guiding citizens and businesses to update and supplement complete contents related to reflections and suggestions when the reflections and suggestions from citizens and businesses are unclear or lack necessary information or when verification and clarification of related information is needed;

d) Adhering strictly to the procedures and deadlines for receiving, classifying, handling, updating, and posting the results of handling reflections and suggestions.

Chapter V

IMPLEMENTING PROVISIONS

Article 13. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from September 15, 2022.

2. Abolish Circular No. 50/2011/TT-BGTVT dated September 30, 2011 of the Minister of Transport guiding the reception and handling of reflections and suggestions regarding administrative regulations within the scope of management of the Ministry of Transport; Circular No. 36/2018/TT-BGTVT dated May 31, 2018 amending and supplementing some articles of Circular No. 50/2011/TT-BGTVT dated September 30, 2011 of the Minister of Transport guiding the reception and handling of reflections and suggestions regarding administrative regulations within the scope of management of the Ministry of Transport.

3. During implementation, if the referenced documents in this Circular are amended, supplemented, or replaced, they shall be applied according to the provisions of the new documents.

4. The Director of the Office of the Ministry, the Inspector General of the Ministry, Department Directors, Bureau Chiefs, Heads of agencies and organizations, and related individuals are responsible for enforcing this Circular.