Resolution No. 228/1999/NQ-UBTVQH10 On National Assembly Deputies Receiving Citizens, Accepting and Transferring Petitions, Urging and Monitoring the Handling of Complaints, Accusations, and Citizen Proposals

RESOLUTION

ON THE ACTIVITIES OF NATIONAL ASSEMBLY DELEGATES IN RECEIVING CITIZENS, ACCEPTING PETITIONS, FORWARDING PETITIONS, URGING AND MONITORING THE SETTLEMENT OF CITIZEN COMPLAINTS, REPORTS, AND PETITIONS

NATIONAL ASSEMBLY STANDING COMMITTEE

To enhance the effectiveness of National Assembly delegates' activities in citizen reception work, petition acceptance, forwarding, urging, and monitoring the settlement of complaints, reports, and petitions from citizens; contributing to promoting the resolution of complaints, reports, and petitions from citizens by state agencies with competent authority;

Pursuant to Article 93 and Article 97 of the Constitution of the Socialist Republic of Vietnam in 1992;

Pursuant to Article 6 and Article 44 of the Law on the Organization of the National Assembly;

DECISION:

I. NATIONAL ASSEMBLY DELEGATES RECEIVING CITIZENS

1. National Assembly delegates receive citizens to collect their opinions, wishes, and reflections; at the same time, guide and assist citizens in making complaints and reports, and accept letters and petitions from citizens to forward to competent authorities for resolution according to the law.

2. National Assembly delegates receive citizens at locations designated by the National Assembly Delegation and assigned by the Head of the National Assembly Delegation.

The Head of the National Assembly Delegation organizes for National Assembly delegates in the delegation to receive citizens. The list and schedule of times for receiving citizens by National Assembly delegates are posted at the reception location and notified to the delegates seven days in advance. If there is a reason preventing reception, the delegate must report to the Head three days in advance to arrange another person to replace them.

3. When citizens request to meet National Assembly delegates to present complaints, reports, or petitions, the delegates create favorable conditions to receive them; if unable to receive them immediately, the delegates accept the petition or schedule a suitable time for reception.

During the National Assembly session, when necessary, upon the proposal of the National Assembly Office and with the consent of the National Assembly Chairman, the Head of the National Assembly Delegation is responsible for receiving or assigning National Assembly delegates in the delegation to receive citizens from their locality who have complaints, reports, or petitions.

4. When receiving citizens, National Assembly delegates listen to their opinions and wishes, explain and publicize policies, laws, and guide citizens to make complaints, reports, and petitions according to the law.

When necessary, National Assembly delegates may require citizens to provide relevant materials related to the contents presented.

In cases where multiple people complain, report, or petition about the same issue, National Assembly delegates may request representatives to present.

5. National Assembly delegates will not receive citizens who come to complain, report, or petition if they violate the rules of the reception location.

II. NATIONAL ASSEMBLY DELEGATES RECEIVING AND HANDLING CITIZEN OPINIONS AND PETITIONS

1. When receiving opinions and petitions from citizens, National Assembly delegates examine, reflect, or transfer them to competent authorities, specifically as follows:

a. Opinions and petitions of citizens within the jurisdiction of local authorities for examination and resolution are reflected or transferred to those local authorities;

b. Opinions and petitions of citizens within the jurisdiction of ministries, sectors, or organizations are reflected or transferred to those ministries, sectors, or organizations;

c. Opinions and petitions of citizens within the jurisdiction of the Government are reflected or transferred to the Government for examination;

d. Opinions and petitions of citizens related to amending, supplementing, or drafting laws and ordinances are reflected or transferred to the Standing Committee of the National Assembly for examination.

2. National Assembly delegates report the opinions and petitions of citizens mentioned in point 1 of this section to the Head of the National Assembly Delegation for consolidation and reporting to the Standing Committee of the National Assembly.

III. NATIONAL ASSEMBLY DELEGATES RECEIVING, FORWARDING COMPLAINTS AND REPORTS, URGING AND MONITORING THE SETTLEMENT OF CITIZEN COMPLAINTS AND REPORTS

1. Upon receiving complaints and reports from citizens, National Assembly delegates study and forward them to competent authorities for resolution and inform the complainants and reporters, specifically as follows:

a. Complaints and reports within the scope of state management are forwarded according to the provisions of the Law on Complaints and Reports;

b. Complaints and reports related to case resolution and enforcement are forwarded to judicial bodies according to the law;

c. Complaints and reports related to the activities of political organizations, political-social organizations, social organizations, occupational social organizations, and economic organizations are forwarded to those organizations.

2. In cases where citizens' complaint and report petitions are addressed to all National Assembly delegates, the Head of the National Assembly Delegation in the citizen's place of residence forwards the complaint and report to the competent authority for resolution.

In cases where citizens' complaint and report petitions are addressed to multiple National Assembly delegates working in National Assembly bodies, if the complaints and reports fall under the purview of the Ethnic Council, Committees, or Standing Committee members responsible for public opinion work, the National Assembly delegates who are permanent members of the Ethnic Council, Committees, or Standing Committee members responsible for public opinion work shall forward the complaints and reports to the competent authority for resolution.

3. National Assembly delegates will not forward complaints and reports in the following cases:

a. Complaints and reports that have been forwarded by other National Assembly delegates according to point 2 of Part III of this Resolution;

b. Complaints and reports with unclear content;

c. Complaints without the name or address of the sender;

d. Complaints that have received a final decision from the competent authority, which the National Assembly delegate considers to be in accordance with the law;

e. Complaints and reports with overlapping content that have already been forwarded by National Assembly delegates to competent authorities for resolution but have not yet exceeded the legal resolution period.

4. After forwarding citizens' complaints and reports to competent authorities for resolution, National Assembly delegates are responsible for monitoring and urging the resolution process as follows:

a. Where complaints and denunciations transferred by National Assembly deputies exceed the prescribed time limit without being resolved by competent agencies or organizations, the deputies shall request the heads of those agencies or organizations to resolve them and propose measures to deal with persons who are negligent or intentionally delay the resolution of such complaints and denunciations.

Upon receiving reports on the results of resolving complaints and denunciations from competent agencies or organizations, if they find that the resolutions are not satisfactory, National Assembly deputies have the right to request the heads of higher-level agencies or organizations to resolve them.

b. During the process of monitoring and urging the resolution of citizens' complaints and denunciations, if violations of laws that cause damage to state interests or the legitimate rights and interests of citizens or agencies and organizations are discovered, National Assembly deputies shall propose to those with authority to apply necessary measures to promptly stop the violations and consider responsibility and handle the violators.

In cases where agencies, organizations, or responsible individuals fail to implement the proposals of National Assembly deputies, the deputies shall request the heads of those agencies or organizations to resolve the issues.

c. When National Assembly deputies have implemented the above provisions but still find that the resolutions of competent agencies or organizations are not in accordance with the law, the deputies shall report to the Standing Committee of the National Assembly for consideration or questioning of those responsible according to Article 42 of the Law on the Organization of the National Assembly.

5. National Assembly deputies monitor and urge the resolution of complaints and denunciations by competent agencies or organizations through the following methods:

a. Sending letters requesting the heads of competent agencies or organizations to report on the results of resolving complaints and denunciations;

b. Visiting agencies or organizations to understand the situation and urge them to examine and resolve complaints and denunciations;

c. Assigning the Office to serve the Delegation of National Assembly Representatives or the Secretary of the Delegation to investigate the situation and report back to the National Assembly deputies;

d. Proposing People's Councils at the locations where agencies, organizations, or individuals are complained against or denounced to take supervisory measures regarding the resolution of citizens' complaints and denunciations;

e. Requesting the Head of the Delegation of National Assembly Representatives to organize inspection and supervision teams to oversee the resolution of citizens' complaints and denunciations.

IV. RESPONSIBILITIES OF COMPETENT AGENCIES AND ORGANIZATIONS

1. Agencies and organizations, upon receipt of complaints, denunciations, or proposals from citizens transferred by National Assembly deputies, shall be responsible for examining and resolving them in accordance with the law, informing National Assembly deputies of the results, and responding to citizens.

2. The Delegation of National Assembly Representatives shall organize meetings with citizens at least once a month.

Every three months, the Delegation of National Assembly Representatives shall coordinate with the Standing Committee of the People's Council to hear reports from the People's Committees, competent agencies, and organizations of localities on the resolution of citizens' complaints, denunciations, and proposals transferred by National Assembly deputies and the Delegation.

3. Provincial and centrally-administered city People's Committees shall provide local regulatory legal documents and related materials to National Assembly deputies when requested.

4. Agencies and organizations where National Assembly deputies work shall be responsible for arranging work and creating necessary conditions for deputies to perform their duties of meeting citizens, receiving and transferring petitions, urging, and monitoring the resolution of citizens' complaints, denunciations, and proposals.

5. The National Assembly Office shall be responsible for providing National Assembly deputies and Delegations with information, materials, and legal documents of the National Assembly and the Standing Committee of the National Assembly; serving deputies in meeting citizens during National Assembly sessions; serving the Chairman, Vice Chairmen, and members of the Standing Committee of the National Assembly, the Standing Committee of Ethnic Councils, and Standing Committees of various National Assembly Committees in meeting citizens; serving the Standing Committee of the National Assembly, Ethnic Councils, and National Assembly Committees in supervising the resolution of citizens' complaints, denunciations, and proposals.

6. The Office to Serve the Delegation of National Assembly Representatives and the Secretary of the Delegation shall be responsible for organizing and serving National Assembly deputies in meeting citizens, receiving and transferring petitions, urging, and monitoring the resolution of citizens' complaints, denunciations, and proposals; assisting the Head of the Delegation in meeting citizens, signing and transferring citizens' complaints, denunciations, and proposals to competent agencies or organizations for resolution; coordinating with the National Assembly Office to organize services for the Standing Committee of the National Assembly, Ethnic Councils, and National Assembly Committees in supervising the resolution of citizens' complaints, denunciations, and proposals by competent agencies or organizations at local levels.

Every six months, the Office to Serve the Delegation of National Assembly Representatives and the Secretary of the Delegation shall compile the situation of meeting citizens, receiving and transferring petitions, urging, and monitoring the resolution of citizens' complaints, denunciations, and proposals by National Assembly deputies and Delegations, and report to the Standing Committee of the National Assembly.

V. CONDITIONS TO ENSURE NATIONAL ASSEMBLY DEPUTIES' MEETINGS WITH CITIZENS, RECEIVING AND TRANSFERRING PETITIONS, URGING, AND MONITORING THE RESOLUTION OF CITIZENS' COMPLAINTS, DENUNCIATIONS, AND PROPOSALS:

1. Provincial and centrally-administered city People's Committees and the Delegation of National Assembly Representatives shall ensure conditions, technical equipment, and other necessary materials to facilitate and make effective the activities of National Assembly deputies in meeting citizens, receiving and transferring petitions, urging, and monitoring the resolution of citizens' complaints, denunciations, and proposals.

2. Funds for serving National Assembly deputies in meeting citizens, receiving and transferring petitions, urging, and monitoring the resolution of citizens' complaints, denunciations, and proposals shall be used within the operational budget of the Delegation of National Assembly Representatives as stipulated by the Standing Committee of the National Assembly.

This Resolution was adopted by the Standing Committee of the National Assembly at its 26th session on October 27, 1999.