Directive No. 35/1998/CT-TTg on Strengthening the Effectiveness of Handling Complaints and Petitions of Citizens at Central Agencies and the Private Residences of Party and State Leaders

DIRECTIVE

On Strengthening the Effectiveness of Handling Citizen Complaints and Petitions at Central Agencies

and at the Residences of Party and State Leaders

__________________________

Recently, many citizens have directly lodged complaints and petitions at central agencies and residences of Party and State leaders. In addition to complaints and petitions that exceed jurisdictional levels and do not comply with the prescribed procedures and formalities under the law, there are also some appeals for redress (both administrative and judicial) that do not accept the content of the resolution by certain state agencies, requesting Party and State leaders to reconsider.

The above situation has adversely affected the reputation of the Party and State, causing some difficulties and complications regarding public order in the capital city, hindering the normal activities and work of Party and State leaders; on the other hand, it reflects a decline in public trust in certain state agencies responsible for handling citizen complaints and petitions; therefore, the Prime Minister issues the following directive:

1. Based on the authority stipulated by law, the Chairpersons of People's Committees at all levels, especially provincial and centrally-run city levels, Ministers, Heads of ministerial-level agencies, and agencies under the Government must pay utmost attention and fully fulfill their responsibilities in handling citizen complaints and petitions, including cases where they directly examine and resolve as well as those where they direct and supervise subordinate agencies to resolve. Matters subject to the jurisdiction and responsibility of a particular level shall be initially examined and listened to by that level to resolve according to the law, fairly, satisfactorily, and effectively explain and persuade the complainants and petitioners. If the complainants and petitioners disagree with the resolution and request a review, the immediate superior agency must take charge of resolving the matter, without allowing citizens to lodge complaints and petitions beyond their jurisdictional levels, prolonging them at central agencies and residences of Party and State leaders.

When citizens gather in large numbers to lodge complaints and petitions at central agencies and residences of Party and State leaders, the Chairpersons of People's Committees of provinces and centrally-run cities where the complaints and petitions originate must proactively coordinate with the State Inspectorate and related agencies to discuss measures to resolve the issue and bring the citizens back to their localities for resolution.

The General Inspectorate of the State and the Minister, Head of the Civil Service Department of the Government shall cooperate to inspect and strictly discipline civil servants who are the cause of complaints and petitions due to misconduct and those who shirk their responsibilities in handling citizen complaints and petitions by passing them on to other agencies or up to higher levels.

2. Establish a Working Group of the Prime Minister headed by a leader of the State Inspectorate, with the participation of relevant ministries and sectors: the State Inspectorate, Construction, Land Administration, Justice, the Civil Service Department of the Government, Public Security, and the Government Office, authorized by the Prime Minister, to focus on resolving complaints and petitions that have been prolonged at central agencies and residences of Party and State leaders (hereinafter referred to as the Working Group of the Prime Minister). Depending on the nature and content of each case, the Chairman of the Working Group of the Prime Minister may convene experts from any ministry or sector to join the Working Group for a specific period under special assignment, directly guided by the Chairman of the Working Group during the resolution process. If the complaint or petition involves the responsibility of a locality or ministry, that locality or ministry must participate in the resolution until completion. By the end of the second quarter of 1999, the basic resolution of the aforementioned pending complaints and petitions must be completed.

The Working Group will operate at the Central Party and State Citizens' Reception Office. During its operation, the Working Group of the Prime Minister may use the seal of the State Inspectorate. The Government Office is responsible for providing funding and ensuring necessary working tools for the Working Group based on the requirements of the Chairman of the Working Group. The Working Group represents the Prime Minister to receive citizens, work with related agencies, organizations, and individuals to resolve complex and prolonged complaints and petitions at central agencies and residences of Party and State leaders; directing the Central Party and State Citizens' Reception Offices in Hanoi and Ho Chi Minh City to compile lists of the aforementioned complaints and petitions and classify them for processing as follows:

a. For cases that have been examined and resolved according to the procedures and formalities prescribed by law but the complainants and petitioners still disagree and continue to appeal to the Prime Minister, the Chairman of the Working Group has the right to review and make a decision to re-examine. After thoroughly examining all legal and factual aspects of the matter, the Working Group will handle it as follows:

- If the content of the complaint or petition has a basis, the Chairman of the Working Group, authorized by the Prime Minister, shall require related agencies, organizations, and individuals to correct and rectify any errors within the time limit set by the Chairman of the Working Group or report and propose to the Prime Minister for consideration and decision on changing or revoking previous resolutions; conclude on the responsibility and form of handling for civil servants and state agencies that have committed violations; decide on the publication of typical cases on mass media for educational and preventive purposes.

- If the resolution of the competent authorities is deemed correct according to policy and law, the Direct Dialogue Working Group shall explain and persuade the complainant or accuser to accept and terminate their complaint or accusation. In cases where the complainant or accuser does not accept, the Head of the Direct Dialogue Working Group, authorized by the Prime Minister, shall issue a conclusion on the contents that have been examined and resolved, or consider requesting the opinions of one or more social organizations representing the interests of the complainant or accuser, such as the Bar Association, Women's Union, Veterans' Association, etc., before issuing a conclusion. After the Head of the Direct Dialogue Working Group issues a conclusion, if the complainant or accuser still shows a lack of goodwill, with signs of abusing the right to complain or accuse to distort, slander, insult state officials, disrupt public order, lead complainants or accusers to the residences of leaders, or reside illegally, the Head of the Direct Dialogue Working Group shall request the police to apply administrative coercive measures or criminal proceedings as prescribed by law, while publicly announcing the content of the case through mass media.

b. For cases that have not been examined and resolved according to the procedures and formalities prescribed by law, the Direct Dialogue Working Group shall explain and guide the complainant or accuser to the responsible agency for resolution according to its authority. The responsible agency must handle and issue a decision on resolution according to the provisions of law and report the results to the Direct Dialogue Working Group within the time limit set by the Head of the Direct Dialogue Working Group.

c. For complaints and accusations related to litigation activities, the Direct Dialogue Working Group shall prepare a list of specific cases; based on this, the Head of the Direct Dialogue Working Group shall guide and explain to the complainant or accuser to approach the competent authority for resolution and issue a document requesting the President of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy to examine and conclude, and inform the results of resolution so that the Head of the Direct Dialogue Working Group can compile and report to the Prime Minister.

Through this matter, it is proposed that the President of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy take effective measures to resolve citizens' complaints and accusations in the field of litigation, and address the situation of complaints and accusations made at inappropriate places.

3. The Ministers, Heads of ministerial-level agencies and agencies under the Government, Chairmen of Provincial People's Committees directly under the Central Government have the obligation to support the Prime Minister's Direct Dialogue Working Group in resolving citizens' complaints and accusations; strictly resolve the contents and cases requested by the Head of the Prime Minister's Direct Dialogue Working Group; and depending on the actual conditions of the sector or locality, they may apply similar provisions and principles of operation as the Prime Minister's Direct Dialogue Working Group to handle complex and pending complaints and accusations in their sectors or localities.

4. The Ministry of Public Security shall establish a Special Task Force to ensure security and order regularly at the Central Party and State Citizen Reception Office, at some central agencies, and at the residences of senior Party and State leaders where citizens often gather in large numbers to complain or accuse. This Special Task Force shall be led by a leader of the Ministry, responsible for guiding citizens to complain or accuse according to the provisions of law; taking measures to prevent citizens from complaining or accusing at inappropriate places, especially at the residences of Party and State leaders; coordinating with the Prime Minister's Direct Dialogue Working Group to track the lists and progress of resolution for each specific case to take appropriate measures; applying administrative coercive measures or initiating criminal proceedings when necessary according to the requirements of the Head of the Prime Minister's Direct Dialogue Working Group. The Minister of Public Security shall stipulate the coordination relationship between subordinate units to effectively perform these tasks.

5. For complainants or accusers, after being guided by the Direct Dialogue Working Groups, they must comply with the guidance, return to their place of residence to await the resolution result, and upon receiving the conclusion issued by the Head of the Prime Minister's Direct Dialogue Working Group, they must comply and terminate their complaint or accusation.

6. Within seven days of receiving this directive, the National Inspector General and the Minister of Public Security shall report to the Prime Minister on the implementation and organization of the Direct Dialogue Working Groups mentioned in points 2 and 4 of this Directive. In addition to seeking decisions and instructions from the Prime Minister for specific cases, the Direct Dialogue Working Groups shall report monthly to the National Inspector General, the Minister of Public Security, and the Prime Minister on the development of the situation, progress, and results of resolution, as well as difficulties encountered in their work.

7. The National Inspector General shall promptly organize a training conference on handling complaints and accusations for the heads of provincial inspection offices directly under the Central Government, chairmen of district and town people's committees, and heads of inspection offices of districts, counties, towns, and cities under provinces.

8. It is proposed that the President of the Supreme People's Court direct the Administrative Courts to summarize the resolution of administrative cases since their establishment to strengthen cooperation with the National Inspector General in resolving administrative disputes in the short term. At the same time, based on the summary, request the Ministry of Justice to cooperate in researching and proposing policies and measures to expand the jurisdiction of administrative courts and improve their organizational structure and personnel, along with supplementing laws and regulations to serve judicial proceedings, gradually shifting citizens' complaints against administrative agencies and officials to trial proceedings in court.

9. It is proposed that the central agencies of mass organizations and political-social organizations guide and instruct member organizations to strengthen mobilization, education of the masses, mediation of disputes, and participate with state agencies in properly resolving citizens' complaints and accusations.