Decree No. 20/2008/ND-CP on receiving and handling complaints and suggestions from individuals and organizations regarding administrative regulations.

DECREE

Regarding the acceptance and handling of complaints and suggestions from individuals and organizations concerning administrative regulations

administrative organization regulations
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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Organization of People's Councils and People's Committees dated November 26, 2003;

Considering the proposal of the Minister and Head of the Government Office.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the procedures for accepting and handling complaints and suggestions from individuals and organizations regarding administrative regulations related to business activities and people's lives. This Decree does not regulate complaints and denunciations and the resolution of complaints and denunciations.

Article 2. Applicability

||| The person providing the report is the head of a state agency or a person authorized by the head of a state agency to perform the reporting.

1. Administrative state agencies and persons with authority accept and handle complaints and suggestions about administrative regulations.

2. Individuals and organizations that have complaints and suggestions about administrative regulations.

Article 3. Explanation of Terms

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

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

2. Individuals are Vietnamese citizens, overseas Vietnamese, and foreigners who have complaints and suggestions.

3. Organizations are enterprises, business associations, administrative agencies, public service units, and other legally established organizations under the law that have complaints and suggestions.

4. Complaints are actions where individuals and organizations express opinions to administrative state agencies about issues related to administrative regulations, including specific difficulties in implementation; illegality, lack of reasonableness, lack of consistency, or inconsistency with the Vietnamese legal system or international treaties to which Vietnam is a party; and other issues.

Article 4. Principles for receiving and handling

Clause 1. Compliance with the law.

2. Transparency.

3. Specific, clear, and consistent procedures.

4. Simple and convenient reception procedures.

5. Acceptance and handling within the appropriate authority.

6. Coordination in handling complaints and suggestions.

Chapter II

CONTENT, FORM AND REQUIREMENTS

REGARDING COMPLAINTS AND SUGGESTIONS

Article 5. Content of reflections and proposals

1. Specific difficulties in implementing administrative regulations due to delays, causing inconvenience, or failure to implement, or incorrect implementation of administrative regulations by administrative state agencies or civil servants.

2. Inconsistency between administrative regulations and reality.

3. Lack of consistency among administrative regulations.

4. Illegal administrative regulations.

5. Administrative regulations contrary to international treaties to which Vietnam is a party.

6. Other issues related to administrative regulations.

7. Solutions to the complaints specified in Articles 1, 2, 3, 4, 5, and 6 of this Article.

8. Initiatives to issue new administrative regulations related to business activities and people's lives.

Article 6. Forms of reflections and proposals

Complaints and suggestions from individuals and organizations about administrative regulations shall be carried out through one of the following forms:

1. Written documents.

2. Telephone calls.

Article 7. Requirements for complaints and suggestions

1. Requirements for complaints and suggestions in writing:

a) Individuals and organizations submit the document to the receiving agency through one of the following methods:

- Directly delivering to the receiving agency;

- Through postal services;

- Sending data messages via electronic networks (email, website, or e-government portal).

b) Using the Vietnamese language;

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.

2. Requirements for complaints and suggestions by telephone:

a) Only making complaints and suggestions through publicly announced dedicated phone numbers;

b) Using the Vietnamese language;

c) Clearly present the content of reflections and suggestions;

d) Providing the name, address, and phone number (or mail address if contact is necessary) of the individual or organization making the complaint or suggestion;

đ) Civil servants receiving the complaints and suggestions must truthfully record the content in writing.

a) Only applicable when administrative state agencies wish to solicit opinions from individuals and organizations on specific administrative regulations;

b) The sending of Opinion Forms to individuals and organizations shall be carried out through one or more of the following methods:

- Sending letters soliciting opinions;

- Soliciting opinions through mass media;

- Sending data messages via electronic networks (email, public solicitation on websites or e-government portals);

c) Using the Vietnamese language;

d) The content of the Opinion Form must clearly indicate the issues for which opinions are sought.

Chapter III

ACCEPTANCE OF COMPLAINTS AND SUGGESTIONS

Article 8. Agencies Receiving Reflections and Suggestions

1. The Government Office assists the Government and the Prime Minister in receiving reflections and suggestions from individuals and organizations regarding administrative regulations within the scope of management of the Government, the Prime Minister, and agencies within the state administrative system.

2. The Ministry Office and equivalent ministry offices assist the Minister and the head of equivalent ministries in receiving reflections and suggestions from individuals and organizations regarding administrative regulations within the scope of management of the ministry or equivalent ministry.

3. The People's Committee Office at provincial level and centrally governed city assists the People's Committee at provincial level and centrally governed city (hereinafter referred to as Provincial People's Committee) and the Chairman of the Provincial People's Committee in receiving reflections and suggestions from individuals and organizations regarding administrative regulations within the scope of management of the People's Committee and the Chairman of the Provincial People's Committee.

4. For reflections and suggestions submitted through Opinion Solicitation Forms, the administrative agency sending the Opinion Solicitation Form shall be responsible for receiving them.

Article 9. Procedure for Receiving Reflections and Suggestions

1. For reflections and suggestions made through written form or telephone, the competent administrative agency must follow the procedure below:

a) Guide individuals and organizations to submit reflections and suggestions in accordance with Clauses 1 and 2 of Article 7 of this Decree;

b) Receive reflections and suggestions;

d) Study, evaluate, and classify reflections and suggestions:

- Non-received reflections and suggestions due to non-compliance with the requirements stipulated in Clauses 1 and 2 of Article 7 of this Decree;

- Specific difficulties encountered in implementing administrative regulations due to delays, causing inconvenience, or failure to implement, or incorrect implementation of administrative regulations by administrative agencies or civil servants;

In such cases, the receiving agency must transfer the reflections and suggestions to the competent administrative agency for handling in accordance with the law.

- Complaints and suggestions about administrative regulations within the jurisdiction of the receiving agency;

- Complaints and suggestions about administrative regulations outside the jurisdiction of the receiving agency.

In such cases, the receiving agency must transfer the reflections and suggestions to the competent authority for handling within five working days from the date of receipt.

e) Maintain records of received reflections and suggestions in accordance with the law on archives, and simultaneously store them in electronic databases.

a) Determine the content requiring opinions;

b) Identify individuals and organizations as the subjects required to provide opinions;

c) Prepare the Opinion Solicitation Form;

d) Determine the method of sending the Opinion Solicitation Form and receiving responses;

e) Send the Opinion Solicitation Form to the subjects through one or more methods specified in Point b Clause 3 of Article 7 of this Decree;

f) Monitor and urge individuals and organizations to respond within the deadline;

h) Collect, study, evaluate, and classify;

i) Decide on handling according to authority or transfer reflections and suggestions to higher authorities for handling;

j) Maintain records of received reflections and suggestions in accordance with the law on archives, and simultaneously store them in electronic databases.

Article 10. Responsibilities of the agency receiving complaints and suggestions

1. Assigning officials, civil servants, or a department to handle the reception of complaints and suggestions.

4. Organizing the reception of complaints and suggestions in accordance with the procedures stipulated in Article 9 of this Decree.

Article 11. Responsibilities of officials and civil servants handling the reception of complaints and suggestions

1. Guiding individuals and organizations to make complaints and suggestions in accordance with regulations.

2. Not delaying or causing difficulties, harassment when receiving complaints and suggestions.

3. Adhering strictly to the reception procedures and deadlines.

Article 12. Rights and responsibilities of individuals and organizations making complaints and suggestions

1. Having the right to complain and suggest to administrative state agencies regarding administrative regulations.

2. Having the right to request the administrative state agency that has received the complaint or suggestion to inform about the progress of handling the complaint or suggestion.

3. Complaints and suggestions must be presented to administrative state agencies clearly, truthfully, and based on evidence.

4. Making complaints and suggestions in accordance with the forms and requirements prescribed in this Decree.

Article 13. Transparency in the reception of complaints and suggestions

1. The Government Office shall be responsible for publicizing the agency's address, postal address, dedicated telephone number, web address, and email address for receiving complaints and suggestions from individuals and organizations regarding administrative regulations on the Government Portal (Government Website) or the website of the Government.

2. Ministries and ministerial-level agencies shall be responsible for publicizing their agency's address, postal address, dedicated telephone number, web address, and email address for receiving complaints and suggestions from individuals and organizations regarding administrative regulations on their Ministry or agency's portal or website and publicly posting at the offices of subordinate administrative agencies.

3. Provincial People's Committees shall be responsible for publicizing their agency's address, postal address, dedicated telephone number, web address, and email address for receiving complaints and suggestions from individuals and organizations regarding administrative regulations on their agency's portal or website and publicly posting at the offices of subordinate administrative agencies.

4. In addition to the above methods of publicity, the Government Office, ministries, ministerial-level agencies, and provincial people's committees may use other methods of publicity depending on each agency's conditions.

Chapter IV

HANDLING COMPLAINTS AND SUGGESTIONS

Article 14. Procedures for Handling Complaints and Suggestions by Administrative State Agencies

1. For complaints and suggestions regarding specific difficulties in implementing administrative regulations due to delays, causing inconvenience, or non-compliance with administrative regulations, the competent administrative state agency must handle them according to the procedures prescribed by law.

2. For complaints and suggestions regarding the content of administrative regulations, the competent administrative state agency must follow the following procedures:

a) Directly working with individuals and organizations making complaints and suggestions to clarify related contents (if necessary).

b) Studying, evaluating, and classifying complaints and suggestions:

- Complaints and suggestions lacking sufficient grounds for consideration and handling, requiring further collection for study;

- Complaints and suggestions having sufficient grounds for consideration and handling.

c) For complaints and suggestions with sufficient grounds for consideration and handling, the competent authority must examine the reflected administrative regulation according to the following criteria:

- Necessity;

- Legality and rationality;

- Simplicity and clarity;

- Feasibility;

- Consistency and synchronization with other administrative regulations;

- Compliance with international treaties to which Vietnam is a party.

d) Deciding on handling;

đ) Publicizing the results of handling complaints and suggestions;

Article 15. Forms of Handling Reflections and Suggestions

The competent administrative state agency handling reflections and suggestions shall choose one of the following forms to handle:

1. Amending, supplementing, abolishing, or revoking administrative regulations within its authority.

2. Recommending agencies or persons with authority to examine, amend, supplement, abolish, or revoke administrative regulations that do not meet the criteria specified in point c, Clause 2, Article 14 of this Decree.

3. Issuing new administrative regulations to serve economic and social development needs and state management, either within its authority or recommending agencies or persons with authority to issue such regulations.

Article 16. Responsibilities of Ministers and Heads of Ministries Equivalent to Ministries in Handling Reflections and Suggestions

1. Directing the examination and study of reflections and suggestions on administrative regulations within their scope of management.

2. For reflections and suggestions that do not meet the criteria specified in point c, Clause 2, Article 14 of this Decree, depending on their authority, Ministers and Heads of Ministries Equivalent to Ministries have the responsibility to:

a) Amend, supplement, or revoke administrative regulations within their decision-making authority;

b) Recommend the Ministries, Ministries Equivalent to Ministries, People's Councils, or Provincial People's Committees to examine, amend, supplement, revoke, or abolish administrative regulations within their decision-making authority;

c) Recommend the Prime Minister:

- To abolish or suspend the implementation of administrative regulations within the decision-making authority of Ministries, Ministries Equivalent to Ministries, People's Councils, and Provincial People's Committees;

- To amend, supplement, or revoke administrative regulations within his decision-making authority;

- To examine and recommend the National Assembly, Standing Committee of the National Assembly, and Government to amend, supplement, or revoke administrative regulations within their decision-making authority.

4. Publicizing the results of handling reflections and suggestions.

5. Urging, inspecting, and promptly taking necessary measures to correct administrative discipline and order in handling reflections and suggestions.

Article 17. Responsibilities of the Minister and Director of the Government Office in Handling Reflections and Suggestions

In addition to implementing the provisions of Article 16 of this Decree, the Minister and Director of the Government Office also have the responsibility to:

1. Assist the Prime Minister in urging the Ministries, Ministries Equivalent to Ministries, and Provincial People's Committees to thoroughly, timely, and appropriately handle reflections and suggestions from individuals and organizations regarding administrative regulations within their authority.

2. Assist the Prime Minister in identifying and requiring administrative state agencies with authority to handle administrative regulations that do not meet the criteria specified in point c, Clause 2, Article 14 of this Decree.

3. Organizing research and proposing to the Government and Prime Minister to handle reflections and suggestions on administrative regulations related to two or more different administrative state agencies and these agencies cannot reach an agreement on the handling plan; reflections and suggestions on administrative regulations that have been handled by the Ministries, Ministries Equivalent to Ministries, and Provincial People's Committees but individuals and organizations continue to reflect and suggest; reflections and suggestions on administrative regulations within the decision-making authority of the Government and Prime Minister.

Article 18. Responsibilities of the Chairman of the People's Committee at the provincial level in handling complaints and suggestions

1. Directing the examination and study of reflections and suggestions on administrative regulations within their scope of management.

2. For complaints and suggestions that do not meet the criteria specified in point c, Clause 2, Article 14 of this Decree, depending on their authority to decide, the Chairman of the People's Committee at the provincial level shall proceed as follows:

a) Amend, supplement, or revoke administrative regulations within their decision-making authority;

b) Propose the People's Council and the People's Committee at the same level to amend, supplement, or revoke administrative regulations within the authority of these agencies;

c) Suggest the Minister or Head of a ministerial-level agency to amend, supplement, or revoke administrative regulations within the authority of these agencies;

d) Propose the Prime Minister:

- To abolish or suspend the implementation of administrative regulations within the authority of the Ministries, ministerial-level agencies, and the People's Councils at the same level;

- To amend, supplement, or revoke administrative regulations within his decision-making authority;

- To examine and recommend the National Assembly, Standing Committee of the National Assembly, and Government to amend, supplement, or revoke administrative regulations within their decision-making authority.

3. Organize the storage of files and documents and establish an electronic database on complaints and suggestions regarding administrative regulations and the results of their handling.

4. Publicizing the results of handling reflections and suggestions.

5. Urging, inspecting, and promptly taking necessary measures to correct administrative discipline and order in handling reflections and suggestions.

Article 19. Publicizing the Results of Handling Reflections and Suggestions

The Heads of state administrative agencies have the responsibility to organize the public disclosure of the results of handling complaints and suggestions from individuals and organizations regarding administrative regulations. Public disclosure shall be carried out through one or more of the following forms:

2. Announcing in mass media.

3. Sending a letter to inform the individual or organization that made the complaint or suggestion.

4. Other forms.

Chapter V

CONDITIONS FOR GUARANTEE

1. The Office of the Government shall be responsible for:

a) Establish and manage a unified national electronic database system for complaints and suggestions regarding administrative regulations;

b) Publicly announce the electronic database system for complaints and suggestions regarding administrative regulations on the Government Portal (Government Website);

c) Guide the Ministries, ministerial-level agencies, and provincial People's Committees in establishing, managing, and utilizing the electronic database system for complaints and suggestions regarding administrative regulations.

2. The Ministries, ministerial-level agencies, and provincial People's Committees shall be responsible for:

a) Establishing and managing an electronic database system for complaints and suggestions regarding administrative regulations according to the guidance of the Government Office;

b) Cooperating with the Government Office in managing, publicly announcing, and utilizing the electronic database system.

Article 21. Funding for Implementation

The work of receiving and handling complaints and suggestions from individuals and organizations regarding administrative regulations of state administrative agencies shall be guaranteed by the state budget within the regular budget estimates of these agencies in accordance with the provisions of the State Budget Law.

Based on the functions and tasks of state administrative agencies under their management, the Ministers, Heads of ministerial-level agencies, and Chairmen of provincial People's Committees shall be responsible for allocating funds for the reception and handling of complaints and suggestions from individuals and organizations regarding administrative regulations for these agencies.

Article 22. Information Reporting System

1. The Ministers, Heads of ministerial-level agencies, and Chairmen of provincial People's Committees shall report to the Prime Minister every six months on the situation and results of receiving and handling complaints and suggestions regarding administrative regulations or report promptly upon request of the Prime Minister.

2. The Government Office shall report every six months to the Prime Minister on the situation and results of receiving and handling complaints and suggestions regarding administrative regulations of the Government Office, Ministries, ministerial-level agencies, and provincial People's Committees or report promptly upon request of the Prime Minister.

Chapter VI

REWARD AND VIOLATION HANDLING

Article 23. Awards

1. Individuals and organizations whose complaints and suggestions regarding administrative regulations bring about practical effects, helping state administrative agencies to amend, supplement, revoke, or abolish administrative regulations that do not comply with the criteria specified in point c, Clause 2, Article 14 of this Decree shall be rewarded in accordance with the law on commendation and reward.

The Heads of state administrative agencies responsible for receiving and handling complaints and suggestions shall propose forms of reward for individuals and organizations making complaints and suggestions.

2. Civil servants, heads of agencies and organizations assigned the task of receiving and handling complaints and suggestions from individuals and organizations regarding administrative regulations who complete their tasks in accordance with this Decree shall be rewarded in accordance with the law.

Article 24. Handling of violations

Civil servants, Heads of state administrative agencies assigned the task of receiving and handling complaints and suggestions from individuals and organizations regarding administrative regulations who violate or fail to fully fulfill their responsibilities as stipulated in this Decree shall bear disciplinary responsibility in accordance with the law on civil servants and public officials.

Chapter VII

IMPLEMENTING PROVISIONS

Article 25. Effective Date

This Decree shall take effect 15 days after its publication in the Official Gazette. Decision No. 22/2006/QĐ-TTg dated January 24, 2006, shall cease to be effective from the date this Decree takes effect.

Article 26. Responsibility for Implementation

The Prime Minister, Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairmen of provincial People's Committees are responsible for implementing this Decree.

The Government Office shall urge and inspect the implementation of this Decree./.