Circular No. 218/2013/TT-BQP guiding complaints and handling complaints in the Military

CIRCULAR

Guidelines for Complaints and Resolution of Complaints in the Military

Pursuant to the Law on Petition dated November 11, 2011;

Pursuant to Decree No. 75/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions of the Law on Complaints;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Considering the proposal of the Inspector General of the Ministry of National Defense;

The Minister of National Defense hereby issues guidelines for complaints and resolution of complaints in the Military as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides complaints and resolution of complaints against administrative decisions and administrative acts of agencies, units, and persons with authority in the Military including:

1. Complaints and jurisdiction to resolve complaints.

2. Receiving and processing complaint letters.

3. Procedures and processes for resolving complaints regarding administrative decisions and administrative acts;

4. Complaints and resolution of complaints regarding disciplinary decisions.

5. Receiving citizens.

6. Management of complaint resolution work and citizen reception.

7. Handling violations.

Article 2. Applicability

This Circular applies to agencies, units, military personnel, reservists during their training period for combat readiness, defense workers, contractual laborers, and other subjects managed by the Military; agencies, organizations, and individuals outside the Military related to complaints about administrative decisions and administrative acts of agencies, units, or persons with authority in the Military.

Article 3. Principles for Complaints and Resolution of Complaints

Complaints and resolution of complaints must be carried out in accordance with the law; ensuring accuracy, objectivity, honesty, transparency, democracy, and timeliness.

Article 4. Application of Laws on Complaints and Resolution of Complaints

2. Where regulations on complaints and resolution of complaints in the Military are not provided for in this Circular, they shall be implemented in accordance with the Law on Complaints and other relevant laws on complaints and resolution of complaints.

Chapter II

COMPLAINTS, JURISDICTION AND PROCEDURES FOR RESOLUTION OF COMPLAINTSPROCEDURE FOR SETTLEMENT OF COMPLAINTS

Section 1

COMPLAINTS, JURISDICTION TO RESOLVE COMPLAINTS

Article 5. Right to File Complaints

1. Subjects specified in Article 2 of this Circular have the right to file complaints against administrative decisions and administrative acts of agencies, units, and individuals with authority in the Military if there is evidence that such administrative decisions and acts are contrary to the law and have infringed upon their lawful rights and interests.

2. Complaints related to command and management activities stipulated in the Regulations on Military Unit Management; and related to the implementation of labor contracts and economic contracts do not fall under the scope of application of this Circular.

Article 6. Jurisdiction to Resolve Complaints

Resolving second-level complaints against administrative decisions and administrative acts of subordinate unit commanders under their management who have resolved initial complaints but still have complaints or initial complaints have exceeded the time limit without resolution.

3. Academy Directors (except for the Academy of Military Medicine), School Principals, Institute Directors, Hospital Directors, General Directors of companies, and equivalent positions have the authority to resolve initial complaints against their own administrative decisions and administrative acts and those of military personnel and defense workers under their management.

Resolving second-level complaints against administrative decisions and administrative acts of subordinate unit commanders under their management who have resolved initial complaints but still have complaints or initial complaints have exceeded the time limit without resolution.

5. Chief of the General Staff, Director of the Political Bureau, Directors of the General Departments; Regional Military Commanders, Military Branch Commanders, Border Force Commanders, and equivalent positions have the authority to resolve initial complaints against their own administrative decisions and administrative acts;

Resolving second-level complaints against administrative decisions and administrative acts of subordinate unit commanders under their management who have resolved initial complaints but still have complaints or initial complaints have exceeded the time limit without resolution.

6. Minister of National Defense has the authority to resolve initial complaints against his own administrative decisions and administrative acts;

a) Resolving second-level complaints against administrative decisions and administrative acts of subordinate unit commanders under his management who have resolved initial complaints but still have complaints or initial complaints have exceeded the time limit without resolution;

b) Resolving second-level complaints against administrative decisions and administrative acts of the Chairman of the People's Committee at the provincial level concerning matters within the Ministry of National Defense's management authority that have been resolved initially but still have complaints or initial complaints have exceeded the time limit without resolution;

c) Resolving disputes over jurisdiction to resolve complaints between agencies and units under the Ministry of National Defense.

Section 2

RECEIVING AND PROCESSING COMPLAINT LETTERS

Article 7. Receiving and Handling Complaints by Agencies and Units

1. Upon receiving a complaint, the head of the agency or unit shall assign it to the inspection body or the inspector concurrently performing inspection duties at the same level to register in the prescribed record books; handle it as follows:

a) For complaints within the jurisdiction to accept and resolve when all conditions for resolution are met, they must be accepted and resolved, and the complainant must be notified in writing.

b) For complaints within the jurisdiction to resolve but lacking the conditions for acceptance as stipulated in Article 11 of the Law on Complaints, a written response must be given to the complainant explaining the reasons for non-acceptance.

c) For complaints within the jurisdiction of subordinate units, they must be transferred to the head of that unit for resolution, while simultaneously informing and guiding the complainant.

2. In cases where the head of a subordinate agency or unit fails to resolve the matter within the prescribed time limit, the head of the superior agency or unit shall be responsible for:

a) Requiring the subordinate to resolve the matter in accordance with the law, while directing, supervising, and urging the subordinate's resolution process;

b) Applying measures within their authority to address those who are negligent or intentionally delaying the resolution of complaints;

c) If the measures exceed their authority, they must report and propose recommendations to the higher-level head for consideration and resolution.

3. For complaints not within the jurisdiction to resolve, or complaints regarding matters already decided upon in second-instance complaint resolutions, the head of the agency or unit receiving the complaint has no responsibility to accept them, but must provide guidance 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, the agency or unit receiving them must return these documents to the complainant.

4. For complaints containing both complaint and accusation content, the agency or unit receiving the complaint must guide the complainant or accuser to rewrite separate complaints and accusations.

Article 8. Receiving and Handling Complaints Within the Jurisdiction of the Minister of National Defense

1. The Inspectorate of the Ministry of National Defense is responsible for assisting the Minister in receiving, studying, and handling complaints within the Minister's jurisdiction. If the complaint lacks the conditions for acceptance as stipulated in Article 11 of the Law on Complaints, it must provide guidance or a written response explaining the reasons, and if the conditions for acceptance are met, it must report and propose recommendations to the Minister for consideration and resolution.

2. The heads of agencies and units receiving complaints within the Minister's jurisdiction must transfer such complaints to the Inspectorate of the Ministry of National Defense for study and handling according to Clause 1 of this Article (except for complaints about the Party and complaints related to decisions and administrative proceedings).

3. In complex cases involving multiple agencies and units, the Chief Inspector of the Ministry of National Defense shall lead and coordinate with relevant functional agencies to exchange views and propose recommendations for the Minister to consider and decide on the resolution.

4. The Legal Affairs Department of the Ministry of National Defense and relevant agencies and units shall cooperate with the Inspectorate of the Ministry of National Defense to study and propose legal assistance to the Minister in considering and resolving complaints within the Minister's jurisdiction.

Section 3

PROCEDURE AND PROCEDURAL REGULATIONS FOR RESOLVING COMPLAINTS AGAINST ADMINISTRATIVE DECISIONS AND ADMINISTRATIVE ACTIONSPROCEDURE AND PROCEDURAL REGULATIONS FOR RESOLVING COMPLAINTS AGAINST ADMINISTRATIVE DECISIONS AND ADMINISTRATIVE ACTIONS

Article 9. Investigation, Acceptance, and Preparation for Handling Complaints

1. Upon receiving a complaint within their jurisdiction that does not fall under any of the circumstances specified in Article 11 of the Law on Complaints, the person handling the complaint shall meet with the complainant within ten days to determine the legal validity of the complaint; identify the content of the complaint; issue a notice of acceptance of the complaint for resolution.

2. After issuing the notice of acceptance for resolution of the complaint, the authorized person shall study the complaint, administrative decision evidence, administrative act evidence, and related materials provided initially by the complainant; must determine the content of the complaint, the subject and scope requiring verification; collect and study relevant state and military legal documents concerning the content of the complaint, thereby proposing a plan, force, and component to participate in resolution with specialized expertise and experience closely aligned with the actual situation, achieving effectiveness.

3. Depending on the nature and content of the complaint, the commander may assign an independent subordinate agency at the same level to organize verification or assign the inspection agency at the same level to lead and coordinate with relevant functional agencies to conduct verification, conclude, and recommend measures for resolution in accordance with the law.

4. For agencies or units with authority to resolve complaints but without a dedicated inspection organization, the commander shall base on the content of the complaint to assign an agency or an inspector-in-charge to coordinate with relevant functional agencies to organize verification.

Article 10. Examination and Resolution of Complaints with Clear Content and Specific Evidence, Sufficient Basis for Immediate Resolution

1. After issuing the notice of acceptance of the complaint, the first-level authority handling the complaint shall review their own administrative decision or administrative act, or those of their directly managed subordinates.

2. In cases where the complaint has clear content and specific evidence, without complex circumstances, the handler shall directly review or delegate someone responsible to re-examine the administrative decision or administrative act being complained about, and examine the content of the complaint.

3. The content of the re-examination includes:

a) Legal basis for issuing the administrative decision or administrative act;

b) Authority to issue the administrative decision or perform the administrative act;

c) Content of the administrative decision; performance of the administrative act;

d) Procedure, process, format, and technical aspects of issuing the administrative decision.

4. After re-examination, if the complaint regarding the administrative decision or administrative act is correct, the head of the agency or unit with authority to resolve the complaint shall immediately issue a decision to resolve the complaint without needing to issue a verification decision.

Article 11. Decision to Verify the Content of the Complaint

The person handling the complaint or the agency assigned the task of resolution must issue a decision to proceed with verifying the content of the complaint. The content of the verification decision must clearly specify:

1. Legal basis for organizing the verification.

2. Content that needs to be verified.

3. Verification subjects.

4. Timeframe for conducting the verification.

5. List of verification team members and their tasks and authorities.

6. Delegation of dialogue authority (if applicable).

Article 12. Verification Plan for Complaints

1. Within three days from the date of signing the verification decision, the verifier shall be responsible for developing the verification plan and submitting it to the decision maker for approval.

2. The contents of the verification plan for complaints include:

a) Legal basis for conducting verification;

b) Purpose and requirements of the verification;

c) Specific matters that need to be verified;

d) Main documents and evidence that need to be collected and checked for verification;

đ) Agencies, units, and individuals (subjects) required to cooperate in collecting evidence;

e) Assignment of tasks and organization of the implementation of the verification plan;

g) Conditions and means serving the verification process.

Article 13. Conducting Verification

Before conducting verification, the decision, plan, and schedule for verification must be notified, along with guidance on the content of the report to be provided by the verification subject for preparation.

1. Verify information about the identity and request of the complainant, representative, authorized person, lawyer, legal aid provider who provide information and documents within seven days from the date of receiving the request from the verification team.

2. The contents of verification include:

a) The complainant presenting identification cards or other personal documents; providing residential address and contact phone number for communication and summoning when necessary;

b) For representatives and authorized persons: Providing authorization documents to prove their lawful representation;

c) For lawyers and legal aid providers: Presenting lawyer's card, legal aid provider's card, and legal aid assignment decision, service request letter, legal assistance request, or complaintant's authorization letter;

d) Content and grounds for the complaint and the complainant's request;

đ) Providing information and documents related to the complaint content (if any);

e) Requesting the respondent to provide relevant information and documents.

3. The verification team conducts direct work or requests the respondent to provide information and documents related to the complained content, and provides a written explanation regarding the legality and rationality of the administrative decision or act being complained of within seven days from the date of the request.

The content of the work with the respondent is recorded in a record, signed by all parties, clearly stating the composition and content of the work.

4. When the verification team requests, agencies, organizations, and individuals related have the responsibility to provide information, evidence, and documents related to the content needing verification within seven days from the date of receipt of the request.

a) The provision of information, documents, and evidence by agencies, organizations, and individuals related is recorded in a record, confirmed by both the recipient and the provider. The record is kept in the complaint resolution file;

b) Collected information, documents, and evidence must clearly indicate their source. Documents provided by agencies and organizations must be confirmed by those agencies and organizations. Documents provided by individuals must be signed at the bottom of each page. When receiving copies or photographs of documents, the recipient must compare them with the original. If there is no original for comparison, the condition of the document must be clearly stated in the record if it is blurred, missing pages, or missing text.

5. Requesting appraisal.

In cases where necessary, appraisal of doubtful documents and evidence is requested to have a basis for resolving according to the provisions of the law; the authority to request appraisal is carried out in accordance with the provisions of the law.

6. Implementing other verification measures.

It is necessary to base on the legal provisions at the time of occurrence of the event to clarify the correctness or incorrectness of each complaint content. Conduct actual verification at necessary locations through measurement and counting to check the accuracy and legality of the relevant documents, information, and evidence related to the complaint matter.

7. If the complainant requests legal assistance from a lawyer or legal aid provider, the lawyer or legal aid provider has the right to participate in the complaint resolution process; the rights of lawyers and legal aid providers are implemented in accordance with Article 16 of the Law on Complaints.

8. During the verification process, if deemed necessary, the decision maker for the complaint verification may decide to extend the verification period; the extension period shall not exceed one-third of the initial verification period specified in the decision.

Article 14. Termination and announcement of verification results

1. Prior to terminating the verification process, the Verification Team shall notify the preliminary verification results to the complainant, the respondent, and any relevant agencies, units, individuals with legitimate rights and interests for additional explanation (if necessary). The Verification Team is responsible for studying and considering the explanations provided by all parties.

2. Within ten days from the completion of the verification process, the Verification Team must submit a written report on the verification results, conclusions regarding the complaint content, and recommendations for resolution measures.

3. After the resolution decision is made, it must be announced (or sent); when announcing the results, a record must be established, clearly stating the opinions of all parties and signed by all.

Article 15. Organizing Dialogue

1. During the initial complaint resolution process, if the complainant's request and the verification results of the complaint content still differ, or if there are differing opinions on the verification results of the complaint content and a second complaint is filed, the complaint resolver must organize a dialogue with the complainant, the respondent, those with related rights and interests, and relevant organizations and individuals to clarify the complaint content, the complainant's request, and the direction for resolving the complaint; the dialogue must be conducted openly and democratically as stipulated in Articles 30 and 39 of the Complaint Law.

2. In cases where the authority responsible for resolving complaints cannot participate in the dialogue (due to performing duties), they shall authorize the head of their level's Inspectorate or the head of the verification team to conduct the dialogue when issuing the resolution decision.

3. The dialogue must be recorded in a protocol; the protocol must clearly state the opinions of the participants, the results of the dialogue, and have the signatures or fingerprints of the participants; if the dialogue participants do not sign or fingerprint to confirm, the reason must be clearly stated.

Article 16. Initial Complaint Resolution Decision

1. The head of the inspectorate or agency assigned to verify shall report the verification results and recommend resolution measures to the competent authority for complaint resolution for consideration and issuance of the complaint resolution decision.

2. The head of the agency or unit with the authority to resolve complaints must review the verification results, conclusions, and recommendations for complaint resolution before signing and issuing the complaint resolution decision; the verification report, conclusion, notification, meeting minutes, or other forms of documents shall not be used to replace the complaint resolution decision.

3. For decisions made by multiple people on the same content, a joint complaint resolution decision must be issued along with a list of the complainants.

4. For cases involving complex circumstances and multiple sectors or agencies, the head of the agency or unit may organize an advisory conference with the participation of relevant functional agencies to seek opinions before signing the decision.

Within ten days from the date the authority responsible for resolving complaints receives the verification result report, a complaint resolution decision must be issued. The complaint resolution decision must include the following contents:

a) Date of issuance of the decision;

b) Name and address of the complainant and the person complained against;

c) Content of the complaint;

d) Results of verifying the complaint content;

đ) Dialogue results (if any);

e) Legal basis for resolving the complaint;

g) Conclusion on the complaint content;

h) Maintaining, amending, supplementing, or revoking part or all of the administrative decision, ceasing the complained administrative act; resolving specific issues within the complaint content;

i) Compensation for damage to the aggrieved party (if applicable);

k) The right to file a second complaint, the right to initiate an administrative lawsuit at the court.

5. Sending and announcing the complaint resolution decision shall be carried out in accordance with the provisions of Article 32 of the Complaint Law.

Article 17. Handling Second-Level Complaints

Procedure and process for handling second-level complaints: The steps taken are similar to those for handling first-level complaints; however, additional procedures must be carried out as follows:

1. The authority responsible for handling second-level complaints must conduct dialogue with the complainant, the person complained against, persons with rights and obligations related to the matter, and relevant agencies, organizations, or individuals to clarify the content of the complaint, the demands of the complainant, and the direction for resolving the complaint.

2. For complex cases, if deemed necessary, the authority handling second-level complaints may establish an Advisory Board to seek opinions on resolving the complaint.

3. Within three working days from the date of issuing the decision to resolve the complaint, the authority responsible for handling second-level complaints must send the decision to resolve the complaint to the complainant, the person complained against, the immediate superior commander of the complaint handler; persons with rights and obligations related to the matter, and the state inspection agency at the same level.

Article 18. Publicizing the Decision to Resolve Complaints

Within seven days from the date of issuing the decision to resolve the complaint, the authority responsible for handling the complaint must publicize the decision to resolve the complaint through one of the following methods:

1. Announcing at a meeting held at the agency or unit where the person complained against works, or where the complainant works.

2. Posting at the office premises or place of receiving citizens of the agency or unit handling the complaint.

3. Notifying on the website or information portal (if available) for at least 15 days; notifying on mass media, radio, television broadcasts at least twice; and in newspapers at least twice.

Article 19. Organizing the Implementation of the Decision to Resolve Complaints

The authority responsible for handling the complaint must ensure the decision to resolve the complaint is implemented according to the law by checking, urging, and applying necessary measures.

Article 20. Archiving the Complaint Resolution File

1. The resolution of complaints must be recorded in a file and kept in accordance with Articles 34 and 43 of the Law on Complaints and regulations on managing files and documents of the Military. Strictly prohibited from copying documents in the file to provide to anyone without permission from the commanding officer of the agency keeping the file.

The complaint resolution file includes:

a) The complaint letter or record of the complaint;

b) Evidence materials provided by the parties;

c) Inspection, verification, conclusion, and appraisal results (if any);

d) Dialogue organization minutes (if any);

e) Decision to resolve the complaint;

e) Other related documents.

2. The complaint resolution file must be numbered according to the order of the documents and kept in accordance with the law. In case the complainant initiates an administrative lawsuit at the Court, the file will be sent to the Court upon request.

Section 4

COMPLAINTS AND RESOLUTION OF DISCIPLINARY DECISIONS

Article 21. Handling Complaints Against Disciplinary Decisions

1. Complaints by military personnel, defense workers, and other subjects managed by the Military against disciplinary decisions shall be handled as follows:

b) In cases where the content of the complaint has not been clearly determined, personally or assign someone responsible to verify and report the results;

d) Conduct dialogue if there are differing opinions between the complainant's demands and the verification report when resolving the first-level complaint; dialogue with the complainant is required when resolving the second-level complaint. Participants in the dialogue include the authority responsible for handling the complaint, the verification team, the complainant, the person complained against, and related persons;

e) The first-level complaint resolution decision becomes legally binding thirty days after issuance if the complainant does not appeal a second time; the second-level complaint resolution decision becomes legally binding thirty days after issuance.

2. If the complainant disagrees with the first-level complaint resolution decision and continues to appeal, the immediate superior commander of the agency or unit is the next authority responsible for handling the second-level complaint, who must review and issue a second-level complaint resolution decision in accordance with the Law on Complaints.

Article 22. Statute of Limitations for Handling Complaints

1. The statute of limitations for the first complaint against a disciplinary decision is 15 days from the date of receipt of the disciplinary decision; the statute of limitations for the second complaint is 10 days from the date of receipt of the decision on the first complaint; for a disciplinary decision to terminate employment, the statute of limitations for the second complaint is 30 days from the date of receipt of the decision on the first complaint.

2. In cases where illness, natural disasters, enemy activities, business trips, distant study, or other objective obstacles (with confirmation from healthcare facilities, local authorities, or competent agencies) prevent the complainant from exercising their right to file a complaint within the prescribed time limit, the period during which such obstacles exist shall not be counted towards the statute of limitations for filing a complaint.

Chapter III

3. The responsibilities of those receiving citizens shall be implemented in accordance with Article 8 of the Law on Receiving Citizens.

Article 23. Place for Receiving Citizens

1. The reception of citizens for complaints, denunciations, reflections, suggestions, inquiries shall be conducted at the citizen reception office or designated location.

2. The head of the agency or unit must organize and manage the citizen reception office of their agency or unit; issue regulations for citizen reception; arrange the citizen reception office at a convenient location; ensure necessary conditions regarding funding, materials, registers, forms, and equipment for citizens to present complaints, denunciations, suggestions, reflections, inquiries related to complaints, denunciations, inquiries, requests, and suggestions in accordance with the law.

3. At the citizen reception office, the schedule for receiving citizens and the regulations for citizen reception must be posted. The schedule for receiving citizens must specify the time and position of the person receiving citizens. The regulations for citizen reception must clearly state the responsibilities and powers of the person receiving citizens, as well as the rights and obligations of the citizen making complaints or denunciations.

Article 24. Responsibility for Receiving Citizens

2. The inspection agencies at all levels are responsible for organizing regular citizen receptions in accordance with the law; the location for receiving citizens should be arranged together with the citizen reception office of the head of the agency or unit at the same level; the head of the agency or unit at the same level manages and directs the operation.

3. For agencies and units without dedicated inspection staff, the head shall base the organization of staffing to arrange officers to concurrently handle citizen reception duties.

Chapter IV

MANAGEMENT OF COMPLAINT HANDLING AND CITIZEN RECEPTION WORK

Article 25. Content of Management of Complaint Handling and Citizen Reception Work

1. Issuing and guiding the implementation of legal normative documents on complaints and citizen reception.

2. Developing content, programs, and plans for complaint handling and citizen reception work that are appropriate to the situation and tasks of the agency or unit and the provisions of the law.

3. Propagating and educating the law on complaints.

4. Inspecting and supervising the implementation of legal provisions on complaints and citizen reception by the heads of military agencies and units.

5. Implementing complaint resolution within the scope of authority. Monitoring, urging, and guiding the implementation of decisions on complaint resolution by authorized heads.

6. Training and enhancing the skills of staff involved in complaint resolution and citizen reception, including both dedicated and concurrent staff.

7. Summarizing complaint situations, complaint resolution, and citizen reception 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 stipulated.

8. Summarizing experiences, conducting scientific research on complaint resolution work and citizen reception organization in the military.

Article 26. Responsibilities of Commanders of Agencies and Units

1. The Minister of National Defense shall implement state management over complaint resolution work as stipulated in Article 63 of the Law on Complaints.

2. Commanders at all levels within the Military shall manage complaint resolution work and citizen reception within their scope of management authority and shall be responsible to their immediate superiors.

3. Implement reporting systems regarding complaint situations, complaint resolution work, and citizen reception as prescribed.

Article 27. Responsibilities of Inspection Organizations at All Levels in the Military

1. The Ministry of National Defense Inspectorate shall have the responsibility to advise and assist the Minister of National Defense in managing complaint resolution work throughout the entire military.

2. Inspectors at all levels shall have the responsibility to advise and assist commanders at the same level in managing complaint resolution work within their authority; to compile complaint situations, complaint resolutions, and citizen receptions within their units. For agencies and units without inspection organizations, commanders shall assign the political department of their own unit to undertake this work.

3. Heads of Inspectors at all levels shall have the responsibility to:

a) Organize monitoring, receiving, classifying, and processing complaint letters; to recommend the acceptance and resolution of complaints within the jurisdiction of the commander at the same level;

b) Verify, conclude, and recommend the resolution of complaints within the jurisdiction of the commander at the same level when assigned;

c) For agencies and units without inspection organizations, commanders shall base on the content of the complaint letter to assign relevant functional departments to cooperate in organizing verification, conclusion, and decision-making for resolution;

d) Examine and resolve complaints that have been resolved by the direct subordinate agency or unit commander but are still subject to further complaints or complaints beyond the time limit but not yet resolved according to regulations;

đ) Inspect and supervise the responsibility of commanders of direct subordinate agencies or units in complying with laws on complaints.

Article 28. Reporting Regime

1. Commanders of agencies and units shall report the results of each complaint resolution case within their jurisdiction to the inspectorate agency and superior commanders as prescribed.

2. Regularly before the tenth day of the last month of each quarter, six months, nine months, and one year, commanders of subordinate agencies and units under the Ministry of National Defense shall report to the Minister of National Defense through the Ministry of National Defense Inspectorate on complaint resolution work and citizen reception within their management scope (report content unified according to the prescribed model).

Article 29. Handling Violations Regarding Complaints and Complaint Resolution

Handling violations of the law on complaints shall be carried out as stipulated in Articles 67 and 68 of the Law on Complaints. Within the scope of their functions, tasks, and authorities, commanders of agencies and units shall have the responsibility:

1. To decide to temporarily suspend the execution of the complaint resolution decision of the lower-level unit commander upon discovering a violation of the law in the resolution process.

2. To decide to temporarily suspend the work of individuals under their management who intentionally obstruct or fail to comply with the effective complaint resolution decision or fail to comply with the requirements of the inspectorate agency or higher-level agency in complaint resolution.

3. To decide on disciplinary action according to the Regulations on Troop Management and other provisions of the Ministry of National Defense, or apply measures as prescribed by law for individuals committing any of the acts stipulated in Articles 67 and 68 of the Law on Complaints, but not reaching the level of criminal prosecution.

Chapter V

IMPLEMENTING PROVISIONS

Article 30. Effective Date

This Circular takes effect from February 2, 2014, and replaces Circular No. 176/2005/TT-BQP dated November 2, 2005, issued by the Ministry of National Defense guiding complaint and denunciation resolution in the Military.

Article 31. Responsibility for Implementation

1. The Chief of General Staff, Chiefs of Departments, Head of the Ministry of National Defense Inspectorate, and commanders of agencies and units shall be responsible for organizing the implementation of this Circular.

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