Decision No. 2957/2008/QD-TTCP issues regulations on receiving, handling, monitoring, summarizing, and reporting the work of processing complaints and petitions of the Government Inspectorate. These regulations apply to Departments, Bureaus, and units under the Government Inspectorate related to receiving and handling complaints and petitions. Notably, it provides detailed provisions on how to receive, classify, and handle complaints, petitions, and suggestions from citizens, as well as coordination among Bureaus and Departments during implementation.
适用范围
Departments, Bureaus, units, and officials under the Government Inspectorate related to receiving and handling complaints and petitions sent to the Government Inspectorate, Chief Inspector, and Deputy Chief Inspectors.
要点
- Departments, Bureaus, and units under the Government Inspectorate must receive and classify complaints and petitions from various sources (Party organizations, National Assembly, Government, media, citizens sending directly or through postal service).
- Complaints within the jurisdiction of the Chief Inspector will be classified and handled according to regulations by the Office; if not within jurisdiction, the Office will transfer them to the competent authority.
- For complaints against senior cadres under central management, the Office will handle them according to Decision No. 190-QD/TW of the Central Committee; for complaints not within the jurisdiction of the Chief Inspector, the Office will transfer them to the competent authority for resolution.
- Departments, Bureaus, and functional units must report the results of reviewing and researching proposals for complaints and petitions assigned monthly by the Prime Minister and Chief Inspector to the Office for summary and reporting.
- The Head of the Office is responsible for supervising the implementation of these regulations; if any contradictions, difficulties, or obstacles arise during implementation, they must promptly report and propose amendments and supplements to the Chief Inspector for consideration.
🌐 本文件的社会影响
- Positive impact: Enhances the effectiveness of handling complaints and petitions from citizens, contributing to protecting their legitimate rights and interests.
- Negative impact: May increase management burdens on Departments, Bureaus, and units under the Government Inspectorate.
❓ 常见问题
What sources can send complaints and petitions to the Government Inspectorate?
Sources that can send complaints and petitions include Party organizations, the National Assembly, the Government, the Vietnam Fatherland Front Central Committee and its member organizations, media outlets, citizens sending directly to leaders of the Government Inspectorate, or through postal service.
How are complaints not within the jurisdiction of the Chief Inspector handled?
For complaints not within the jurisdiction of the Chief Inspector, the Office will handle them according to Clause 5 - Article 6 of Decree No. 136/2006/NĐ-CP (returning the complaint and guiding citizens to submit it to the appropriate authority with jurisdiction and responsibility for examination and resolution).
How must Departments, Bureaus, and functional units report the situation and results?
Departments, Bureaus, and functional units when investigating, verifying, and examining proposals for complaints and petitions assigned monthly by the Prime Minister and Chief Inspector must promptly report the situation and results to the Office for summary and reporting.
What responsibilities do Departments, Bureaus, and functional units have in receiving and handling complaints and petitions?
Departments, Bureaus, and functional units only handle complaints when directly receiving citizens and those complaints and petitions related to cases already or currently being investigated and verified by these Departments, Bureaus, and units.
What responsibilities does the Head of the Office have in implementing these regulations?
The Head of the Office is responsible for supervising the implementation of these regulations. If any contradictions, difficulties, or obstacles arise during implementation, they must promptly report and propose amendments and supplements to the Chief Inspector for consideration to ensure compliance.
全文
Pursuant to …;
Issuing regulations on receiving, processing, monitoring, summarizing, and reporting work related to handling complaints and petitions at the Government Inspectorate
letter of the Government Inspectorate Agency
___________________________
GENERAL INSPECTOR
Pursuant to the Law on Complaints and Petitions No. 09/1998/QH10; the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Petitions No. 26/2004/QĐ11; the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Petitions No. 58/2005/QH11; Decree No. 136/2006/NĐ-CP dated November 14, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Complaints and Petitions and the Laws Amending and Supplementing Certain Provisions of the Law on Complaints and Petitions;
Pursuant to Decree No. 65/2008/NĐ-CP dated May 20, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;
At the proposal of the Director of the Office and the Head of the Legal Department,
DECISION:
Article 1. This Decision promulgates regulations on receiving, processing, monitoring, summarizing, and reporting work related to handling complaints and petitions at the Government Inspectorate.
Article 2. This Decision shall take effect from the date of signing.
Article 3. The Director of the Office, Heads of Departments, Directors of Bureaus, and Heads of units under the Government Inspectorate and relevant officials and civil servants shall be responsible for implementing this Decision.
| GENERAL INSPECTOR Tran Van Truyen |
REGULATIONS
ON RECEIVING, PROCESSING AND MONITORING, SUMMARIZING, REPORTING WORK RELATED TO HANDLING COMPLAINTS AND PETITIONS OF THE GOVERNMENT INSPECTORATE (Annexed to Decision No. 2957/2008/QĐ-TTCP dated December 31, 2008 of the Chief Inspector)
___________________________
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation, Applicability.
1. These regulations detail the procedures for receiving, processing, and monitoring, summarizing, and reporting work related to handling complaints and petitions at the Government Inspectorate.
2. The applicability of these regulations includes all Departments, Bureaus, units, and officials and civil servants under the Government Inspectorate involved in receiving and processing complaints and petitions sent to the Government Inspectorate, the Chief Inspector, and Deputy Chief Inspectors.
3. In these regulations, the term "complaints and petitions" refers to complaints, accusations, and reflections and suggestions from citizens, agencies, and organizations.
Article 2. Principles of Processing.
All complaints and petitions received from all sources must be studied and processed in accordance with the law.
Chapter II
RECEIVING, CLASSIFYING AND PROCESSING COMPLAINTS AND PETITIONS
Article 3. Receiving and Classifying Complaints and Petitions.
1. Complaints and petitions from various sources are centralized at the Office for research, classification, and processing in accordance with the law, including:
- Complaints and petitions transferred from Party bodies, the National Assembly, the Government, the Central Committee of the Vietnam Fatherland Front and its member organizations, and media outlets, etc.
- Complaints and petitions directly submitted by citizens to leaders of the Government Inspectorate.
- Complaints and petitions sent to the Government Inspectorate via postal service.
- Complaints and petitions received by Departments, Bureaus, and units under the Government Inspectorate (excluding those related to cases being handled by the Departments, Bureaus, and units).
- Complaints and petitions received by inspection teams (excluding those directly related to cases being investigated by the inspection teams).
2. Complaints and petitions addressed specifically to leaders of the Government Inspectorate are processed as follows:
The secretary opens the envelope. If it is a personal letter or an accusation within the Government Inspectorate, the secretary reports to the leader of the Government Inspectorate. After receiving instructions from the leader of the Government Inspectorate, the secretary forwards it to the Office for further processing.
3. Departments, Bureaus, and units under the Government Inspectorate only process complaints and petitions when they directly interact with citizens and those complaints and petitions are related to cases that the Departments, Bureaus, and units have already or are currently investigating.
Article 4. Handling complaints.
1. Complaints within the jurisdiction of the General Inspector, which are transferred from other agencies, shall be classified and processed by the Office as follows:
a). If the case falls within the jurisdiction of the General Inspector and involves matters under the management functions and tasks of the Departments, Bureaus, or units assigned, the Office shall study, classify, and report to the leadership of the Government Inspectorate for transfer to the relevant Departments, Bureaus, or units for consideration and handling according to the instructions of the leadership of the Government Inspectorate.
b). Cases that have been or are being considered and resolved by the Departments, Bureaus, or units shall be transferred to those Departments, Bureaus, or units for further study and handling.
c). For complaints transferred from other agencies: If they fall within the jurisdiction of the General Inspector, the Office shall handle them according to the provisions of points a and b of this Clause; if they do not fall within the jurisdiction of the General Inspector, the Office shall handle them according to the provisions of Clause 2 of this Article; simultaneously, the Office shall notify in writing the transferring agency, organization, or individual according to the provisions of the Law on Complaints and Petitions.
2. Complaints not within the jurisdiction of the General Inspector:
The Office shall process according to Clause 5 of Article 6 of Decree No. 136/2006/NĐ-CP (returning the complaint and guiding citizens to submit their complaints to the competent authority with jurisdiction and responsibility for examination and resolution).
4. Complaints, petitions, reflections, and suggestions from citizens transferred to the Government Inspectorate by other agencies or organizations shall be handled according to the provisions of Article 7 of Decree No. 136/2006/NĐ-CP.
Article 5. Handling complaints against decisions that have taken legal effect.
1. For complaints against second-level decisions (cases arising after June 1, 2006) as stipulated by the Law on Complaints and Petitions, the Office shall guide citizens to initiate legal proceedings before the Court according to Article 39 of the Law on Complaints and Petitions.
2. For complaints against final decisions (cases arising before June 1, 2006) as stipulated by the Law on Complaints and Petitions, such cases will not be examined or processed. In cases where research reveals signs of violation of laws, the Office shall report to the leadership of the Government Inspectorate to propose transferring the matter to the relevant Departments, Bureaus for management areas or fields to study and propose measures for handling.
3. Matters with directives from the Prime Minister; cases inspected and concluded by the Government Inspectorate; cases resolved by ministries, sectors, or localities in accordance with policies and laws but not implemented; cases within the jurisdiction of ministries, sectors, or localities but delayed in resolution, the Office shall report and propose handling directions to the leadership of the Government Inspectorate.
Article 6. Handling accusations, suggestions, and reflections.
1. For accusations against senior officials under central management, the Office shall handle according to Decision No. 190-QĐ/TW dated September 29, 2008 of the Central Committee; for accusations within the jurisdiction of the General Inspector, the Office shall summarize the content and present it to the General Inspector for comments on handling.
2. For accusations not within the jurisdiction of the General Inspector and suggestions, reflections, the Office shall transfer the accusations, suggestions, reflections, and related documents (if any) to the competent authority for resolution according to point b of Clause 1 of Article 38 of Decree No. 136/2006/NĐ-CP.
3. For anonymous accusations, accusations under false names, without clear addresses, without direct signatures, or repeated accusations without new evidence, they shall be handled according to the provisions of point c of Clause 1 of Article 38 of Decree No. 136/2006/NĐ-CP.
Article 7. Handling complaints within the judicial domain.
Complaints within the judicial domain shall be processed by the Office in accordance with the provisions of the law.
Article 8. Coordination among Departments, Bureaus, and units under the Government Inspectorate.
1. When examining, verifying, reviewing, and researching cases of complaints and denunciations assigned monthly by the Prime Minister and the Chief Inspector, the Departments, Bureaus, and functional units must promptly report the results to the Office for consolidation and reporting.
2. The Office of the Government Inspectorate has the responsibility:
a). Monthly and quarterly, send lists of complaints that have been processed by Ministries, sectors, and localities to the Departments, Bureaus, and units managing the respective areas and fields for monitoring, inspection, and urging implementation.
b). Consolidate and prepare reports on the receipt and processing of complaints sent to the Government Inspectorate, submit periodic reports (weekly, monthly, quarterly, annually), and special reports as required by the leadership of the Government Inspectorate.
Article 9. Authority to sign documents for complaint handling.
1. Urging letters, reply letters, and complaint transfer forms sent to Ministers, Chairpersons of Provincial People's Committees, and Central City People's Committees shall be drafted by the Office and signed by the Inspectorate leadership.
2. Documents sent to Ministries, sectors, Provincial People's Committees, Central City People's Committees, agencies, mass organizations, Delegations of National Assembly Members, National Assembly Members, citizens, etc., shall be signed by the Director of the Office acting on behalf of the Chief Inspector.
3. Citizen complaint guidance forms and notification letters to the complainant shall be signed by the Head of the Complaints and Letters Processing Department, stamped with the seal of the Government Inspectorate Office.
Chapter III
IMPLEMENTATION
Article 10. Responsibility for Implementation.
The Director of the Office is responsible for inspecting and urging the implementation of this Regulation. Any contradictions, difficulties, or obstacles encountered during implementation shall be reported promptly to the Chief Inspector for consideration and appropriate supplementation or amendment.
Article 11. Awards and Disciplinary Measures.
Units and individuals who achieve success in implementing this Regulation shall be timely commended and encouraged; if violations occur, they shall be dealt with according to the severity level as stipulated by the law./.
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