Circular No. 30/2015/TT-BCA on the work of receiving citizens for complaints, reports, suggestions, and reflections in the People's Public Security Force

CIRCULAR
Provisions on receiving citizens who come to lodge complaints, file accusations, make suggestions, or reflect situations in the People's Public Security Force
complaints, reports, recommendations, reflections in the People's Public Security

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

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

Pursuant to the Law on Receiving Citizens dated November 25, 2013;

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

Pursuant to Decree No. 76/2012/ND-CP dated October 3, 2012 detailing the implementation of certain provisions of the Law on Accusations;

Pursuant to Decree No. 91/2013/ND-CP dated August 12, 2013 on accusation and handling of accusations in the People's Public Security Force;

Pursuant to Decree No. 41/2014/ND-CP dated May 13, 2014 on organization and operation of inspection in the People's Public Security Force;

Pursuant to Decree No. 64/2014/ND-CP dated June 26, 2014 detailing the implementation of certain provisions of the Law on Receiving Citizens;

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the request of the Inspector General of the Ministry of Public Security,

1. This Circular stipulates principles, locations, forms, personnel receiving citizens; responsibilities for receiving citizens, accepting petitions, information, documents, and evidence provided by complainants, reporters, proposers, and reflectors; management of citizen reception work in the People's Public Security.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the purpose, principles, responsibilities, forms, locations, personnel for receiving citizens; receiving petitions, information, documents, evidence provided by complainants, accusers, suggesters, and reflectors; receiving, handling complex complaints, accusations, suggestions, reflections involving many participants, and reporting in citizen reception work.

2. The reception of representatives of foreign agencies, organizations, and individuals in Vietnam at the citizen reception location of the public security agency for complaints, accusations, suggestions, and reflections shall be regulated by other normative legal documents.

Article 2. Applicability

This Circular applies to:

1. Local public security units.

2. Public security officers assigned the task of receiving citizens.

3. Individuals coming to the citizen reception location of the public security agency to lodge complaints, file accusations, make suggestions, or reflect situations.

4. Agencies, organizations, and individuals related.

Article 3. Purpose of Receiving Citizens

1. To receive and handle complaints, accusations, suggestions, and reflections related to the jurisdiction and responsibility of public security units and localities as prescribed by law.

2. To guide citizens in exercising their rights to lodge complaints, file accusations, make suggestions, or reflect situations in accordance with the law, and to the competent agencies and units with jurisdiction.

Article 4. Principles of Receiving Citizens

1. Compliance with the provisions of the Law on Complaints, the Law on Accusations, the Law on Receiving Citizens, guiding documents, this Circular, and other relevant normative legal documents.

2. Citizen reception must be conducted at the citizen reception location of the public security unit or locality with jurisdiction.

3. Ensuring transparency, democracy, timeliness; simple procedures, convenience; maintaining confidentiality and ensuring safety for accusers in accordance with the law; ensuring objectivity, equality, and non-discrimination in citizen reception.

ORGANIZATION OF CITIZEN RECEPTION

Chapter II
Article 4. Locations for Citizen Reception

Article 5. Location for Receiving Citizens

1. The Ministry of Public Security arranges a location for receiving citizens in Hanoi and Ho Chi Minh City, with police forces responsible for maintaining security and order; ensuring material facilities and equipment such as cameras, computers, printers, telephones, tables, chairs, notebooks, books, and other necessary conditions to serve citizen reception. In cases where it is necessary (complex complaints, accusations causing disruption of security and order at the citizen reception location), the Hanoi Police and Ho Chi Minh City Police have the responsibility to dispatch forces to ensure security and order at the Ministry of Public Security's citizen reception location.

2. The General Directorates, Military Commands, provincial-level public security agencies, provincial-level fire prevention and firefighting agencies (hereinafter collectively referred to as provincial-level public security agencies and provincial-level fire prevention and firefighting agencies) arrange locations for receiving citizens, ensuring necessary material facilities and equipment according to Clause 1 of this Article to serve citizen reception; establish regulations for coordination with functional units to ensure security and order at their own citizen reception locations.

3. Units under the Ministry, units under the General Directorates, Military Commands, units under provincial-level public security agencies, and provincial-level fire prevention and firefighting agencies without inspection organizations based on their functions and tasks assigned and actual circumstances report to their immediate superior leaders to arrange locations for receiving citizens, ensuring necessary material facilities and equipment to serve citizen reception of their own units.

4. Public security agencies at the district level, townships, cities directly under provinces (hereinafter collectively referred to as district-level public security agencies), public security agencies at communes, towns where regular public security forces are stationed, public security agencies at wards, police stations, and police posts arrange locations, ensuring necessary material facilities and equipment to serve citizen reception.

5. Heads of public security units and localities are responsible for ensuring security and order at their own citizen reception locations.

6. The citizen reception locations of public security units and localities must be arranged in convenient positions for citizens to present complaints, accusations, suggestions, and reflections easily; must publicly post internal regulations for citizen reception, names, ranks, positions, times, schedules for citizen reception of heads and citizen reception officers; have a bookshelf for citizens to refer to when exercising their rights to lodge complaints, file accusations, make suggestions, or reflect situations.

Article 6. Arrangement of officials to receive citizens

1. The Inspectorate of the Ministry; Inspectorates of General Departments, Commands, Inspectorates of Provincial Public Security, Fire Prevention and Fighting at the provincial level assist heads of units in arranging inspection officials to regularly receive citizens at the unit's or local reception points.

2. Units under the Ministry, units under General Departments, Commands, units under Provincial Public Security, Fire Prevention and Fighting at the provincial level where there is no inspection organization; County-level Public Security; Commune-level Public Security, Town-level Public Security where regular police forces are deployed, Police Ward, Post, Station when citizens come to complain, report, propose, reflect, the duty officer must report to the head of the directly managing unit to arrange specialized inspection officials or concurrently assigned officials to perform inspection tasks according to regulations.

3. Officials receiving citizens must have good moral qualities; be well-versed in the Party's guidelines and policies, state laws; possess relevant knowledge, professional skills, mobilization, persuasion abilities; have appropriate attitudes, styles, sense of responsibility for assigned tasks, and strictly comply with the People's Public Security Regulations.

4. Heads of the Inspectorate of the Ministry, heads of public security units and localities shall arrange officials and leaders responsible for citizen reception work based on the staffing and actual situation of their units and localities to meet requirements.

Article 7. Forms of Receiving Citizens

1. Regular Citizen Reception

a) The Minister of Public Security shall regularly receive citizens at least once a month at the Ministry of Public Security's citizen reception point (specific time is determined by the Inspectorate of the Ministry in coordination with the Ministry's Office and reported to the Minister for decision); other days shall be organized by the Head of the Inspectorate of the Ministry;

b) Heads of General Departments, Commands, Directors of Provincial Public Security, Fire Prevention and Fighting shall regularly receive citizens at least once a month at their unit's or locality's citizen reception point (specific time is decided by the Head or Director); other days shall be organized by the Heads of the Inspectorates of General Departments, Commands, Provincial Public Security, Fire Prevention and Fighting;

c) County-level Public Security Chiefs shall regularly receive citizens at least twice a month at the County-level Public Security's citizen reception point;

d) Commune-level Public Security Chiefs, Town-level Public Security Chiefs where regular police forces are deployed, Ward-level Public Security Chiefs, Post, Station-level Public Security Chiefs shall regularly receive citizens at least once a week at their unit's citizen reception point.

2. Sudden Citizen Reception

Heads of public security units and localities, in addition to regular citizen reception, must also conduct sudden citizen reception in the following cases:

a) Urgent, complex cases involving many participants, related to the responsibilities of multiple agencies, organizations, units, or differing opinions from these agencies, organizations, units;

b) Complaints, reports, proposals, reflections that, if not promptly directed and examined, may result in serious consequences such as damage to property of agencies, organizations, individuals, infringement on citizens' lives, health, affecting national security, social order;

c) Receiving citizens based on requests from superiors.

3. The Inspectorate of the Ministry, Inspectorates of General Departments, Commands, Inspectorates of Provincial Public Security, Fire Prevention and Fighting shall organize citizen reception for complaints, reports, proposals, reflections during working hours on weekdays. In necessary cases or when instructed by immediate superiors, the Heads of the Inspectorate of the Ministry, Inspectorates of public security units and localities specified in this clause must personally receive citizens.

Article 8. Responsibilities of Public Citizen Reception Officers

1. When citizens come to complain, report, propose, reflect, the citizen reception official has the responsibility to welcome them, except in cases stipulated in Article 9 of the Law on Citizen Reception; request citizens to clearly state their names, addresses or present identity documents (if available); if they are authorized persons or legal representatives, they must have valid documents as prescribed.

2. Explain the rights and obligations of citizens when making complaints, reports, proposals, reflections and request citizens to provide information, documents, evidence to the public security agency in accordance with the provisions of the law.

3. If citizens come to complain, report, propose, reflect without complaint, report, proposal, reflection letters, the citizen reception official shall guide them to write letters or record the full and accurate content of complaints, reports, proposals, reflections in writing and require citizens to sign confirmation or fingerprint; if the content presented is unclear or incomplete, the citizen reception official shall request citizens to supplement the presentation or provide additional information, documents, evidence to prove.

4. If the letter contains both complaint and report, proposal, reflection contents, the citizen reception official shall guide citizens to write separate letters for complaints, reports, proposals, reflections to competent agencies, organizations, units in accordance with the provisions of the law.

5. Accept letters and related information, documents, evidence concerning complaints, reports, proposals, reflections within the jurisdiction and responsibility of the People's Public Security to handle according to the law; if it does not fall within the jurisdiction of the People's Public Security, guide citizens to submit letters of complaints, reports, proposals, reflections to competent agencies or persons in accordance with the law.

6. Classify and process citizens' complaints, reports, proposals, reflections according to Circular No. 68/2013/TT-BCA dated December 26, 2013 of the Minister of Public Security guiding the handling of complaints, proposals, reflections, complaint resolution, and management of complaint resolution in the People's Public Security; Circular No. 10/2014/TT-BCA dated March 4, 2014 of the Minister of Public Security stipulating the handling, resolution of reports and management of report resolution in the People's Public Security; Circular No. 06/2014/TT-TTCP dated October 31, 2014 of the Chief Inspector General stipulating the procedures for receiving citizens and relevant legal provisions.

7. Notify citizens of the results of handling complaints, reports, proposals, reflections.

8. Perform other tasks assigned by the head of the unit or locality directly managing them.

Article 9. Responsibilities of the Inspector General of Public Security Units and Localities in Receiving Citizens

1. Advise the head of the unit on citizen reception work; prepare plans and necessary conditions for receiving citizens.

2. Prepare the content and relevant information, documents related to complaints, reports, suggestions, and reflections that the head of the unit will receive from citizens.

3. Assign specialized staff to record the content of citizen reception, receive information, documents, and evidence provided by citizens.

4. Propose the heads of public security units and localities involved to cooperate in receiving and resolving complaints, reports, suggestions, and reflections of citizens.

5. At the end of citizen reception, coordinate with relevant functional units to assist the head of the unit in preparing directives for resolution and informing citizens of the results of their petitions.

6. Monitor and urge agencies, units, and individuals to implement the directives of the head of the unit to respond to citizens according to regulations.

7. Perform other tasks assigned.

Article 10. Responsibilities of the Heads of Public Security Units and Localities in Receiving Citizens

1. Receive, process, and direct the timely resolution of complaints, reports, suggestions, and reflections within their jurisdiction or within the jurisdiction of subordinate public security units and localities as prescribed by law.

2. Respond to citizens regarding the resolution of complaints, reports, suggestions, and reflections. In cases where immediate response is not possible, they must inform citizens clearly of the reasons and time for response.

Article 11. Receiving Petitions and Information, Documents, Evidence Related Provided by Complainants, Reporters, Suggesters, and Reflectors

1. When receiving petitions and information, documents, and evidence related to the content of complaints, reports, suggestions, and reflections, the citizen reception officer must verify the validity of the information, documents, and evidence and must issue a receipt for the receipt, signed by the reception officer and the complainant, reporter, suggester, or reflector. The receipt is made in two copies, each party retains one copy.

2. After receiving the petition and the information, documents, and evidence provided by the complainant, reporter, suggester, or reflector, the citizen reception officer must record it in the citizen reception logbook or update it into the computer database system.

Chapter III
RESPONSIBILITIES FOR RECEIVING AND HANDLING COMPLEX COMPLAINTS, REPORTS, SUGGESTIONS, REFLECTIONS INVOLVING MANY PARTICIPANTS AND REPORTING IN CITIZEN RECEPTION WORK
COMPLEX RECOMMENDATIONS, REFLECTIONS INVOLVING MANY PARTICIPANTS AND CITIZEN SERVICE REPORTS

Article 12. Receiving and Handling Cases of Multiple People Complaining, Reporting, Suggesting, and Reflecting

1. When multiple people simultaneously complain, report, suggest, or reflect on the same content at the citizen reception location, the citizen reception officer requests these people to elect representatives to present the content of their complaints, reports, suggestions, or reflections to the citizen reception officer (hereinafter referred to as the representative). The representative must be a complainant, reporter, suggester, or reflector. The election of representatives must be documented in writing and signed by all complainants, reporters, suggesters, or reflectors.

If there are from five to ten people, one or two representatives should be elected; if there are more than ten people, additional representatives may be elected, but not exceeding five people. The representatives must bear legal responsibility for the legality of their representation and the document appointing them.

2. When multiple people come together to complain, report, suggest, or reflect on different contents, the citizen reception officer receives each person separately according to the specific complaints, reports, suggestions, or reflections of the citizens.

3. If the content of complaints, reports, suggestions, or reflections falls under the jurisdiction and responsibility of resolution by multiple agencies and units, the citizen reception officer guides citizens to write separate petitions to comply with the legal provisions for complaints, reports, suggestions, or reflections.

Article 13. Handling and Processing Complex Complaints, Reports, Suggestions, and Reflections

1. When there is a complex complaint, report, suggestion, or reflection that causes disruption to security and public order at the location where citizens are received, the civil servant receiving citizens must quickly grasp the situation, the basic content of the case, related information, documents, evidence, and the demands of the complainant, reporter, suggester, or reflector; report and seek guidance from the head of the directly managing unit to request the Public Security unit or local authority (where the citizen reception location is situated) to cooperate in ensuring security and public order.

2. In cases where complex complaints, reports, suggestions, or reflections have been resolved multiple times and at multiple levels but the citizen still disagrees, the civil servant receiving citizens shall report to the head of the directly managing unit to request the Public Security unit or local authority (where the previous competent authority resolved the issue or where the citizen lodged the complaint, report, suggestion, or reflection) to send officers to cooperate in receiving the citizen or to persuade the citizen to return to the unit or locality for resolution according to the law.

Article 14. Responsibilities of the Heads of Public Security Units and Localities in Coordinating the Handling of Complaints, Reports, Suggestions, and Reflections

Upon receiving a request from the head of the Public Security unit or locality with the authority to receive citizens, the head of the Public Security unit or locality requested has the responsibility to coordinate in implementing according to Article 13 of this Circular.

Article 15. Reporting on Citizen Reception Work

1. Monthly, every six months, and annually, the heads of Public Security units and localities shall report the results of their citizen reception work to the directly superior management head (through the inspection agency at the same level).

2. The reporting every six months and annually on citizen reception work of Public Security units and localities shall be included in the report on the results of various inspection activities according to Circular No. 02/2012/TT-BCA dated January 3, 2012, issued by the Minister of Public Security on the reporting system for the People's Public Security Force, and Circular No. 10/2012/TT-BCA dated February 16, 2012, issued by the Minister of Public Security on statistical work in the People's Public Security Force.

3. Special or urgent reports on citizen reception work must be submitted promptly as required by the competent authority.

Chapter IV
IMPLEMENTATION

Article 16. Effective Date

This Circular takes effect from August 19, 2015, and replaces Circular No. 50/2011/TT-BCA dated July 11, 2011, issued by the Minister of Public Security on receiving citizens who lodge complaints, reports, suggestions, or reflections in the People's Public Security Force.

Article 17. Responsibility for Implementation

1. The Inspectorate of the Ministry has the responsibility to assist the Minister in uniformly managing citizen reception work in the People's Public Security Force; guiding, inspecting, and urging the implementation of this Circular.

2. The Inspectorates of Public Security units and localities have the responsibility to assist the heads of units in managing citizen reception work within their units and localities; guiding, inspecting, and urging the implementation of this Circular within their jurisdiction.

3. The Directors of the General Directorates, the Heads of units subordinate to the Ministry; the Directors of Public Security and Fire Prevention and Fighting Services at provincial level, and related organizations and individuals are responsible for implementing this Circular.

During the implementation of this Circular, if there are difficulties or obstacles, Public Security units and localities, and related organizations and individuals shall report to the Ministry of Public Security (through the Inspectorate of the Ministry) for timely guidance.