Circular No. 36/2018/TT-BGTVT amending and supplementing certain articles of Circular No. 50/2011/TT-BGTVT dated September 30, 2011, issued by the Minister of Transport guiding the receipt and handling of reflections and proposals regarding administrative regulations within the scope of management of the Ministry of Transport.

CIRCULAR

Amending and supplementing some articles of Circular No. 50/2011/TT-BGTVT dated September 30, 2011 of the Minister of the Ministry of Transport guiding the receipt and handling of complaints and suggestions regarding administrative regulations within the scope of management of the Ministry of Transportdated September 30, 2011 of the Minister of the Ministry of Transport guiding the receipt and handling of complaints and suggestions regarding administrative regulations within the scope of management of the Ministry of Transport

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Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport

Pursuant to Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt and handling of complaints and suggestions from individuals and organizations regarding administrative regulations;

Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control;

Pursuant to Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain articles of related decrees concerning administrative procedure control;

On the basis of Decree No. 92/2017/NĐ-CP dated August 7, 2017 of the Government amending and supplementing some articles of related Decrees concerning administrative procedure control;

Pursuant to Circular No. 02/2017/TT-VPCP dated October 31, 2017 of the Chairman of the Government Office guiding on administrative procedure control business;

The Minister of Industry and Trade promulgates the Circular amending and supplementing certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade."

1. Amending and supplementing Clause 2, Article 3 of Circular No. 12/2022/TT-BGTVT as follows: some articles of Circular No. 50/2011/TT-BGTVT dated September 30, 2011 of the Minister of the Ministry of Transport guiding the receipt and handling of complaints and suggestions regarding administrative regulations within the scope of management of the Ministry of Transport.

Article 1. Amending and supplementing some articles of Circular No. 50/2011/TT-BGTVT dated September 30, 2011 of the Minister of the Ministry of Transport guiding the receipt and handling of complaints and suggestions regarding administrative regulations within the scope of management of the Ministry of Transport

1. Supplement Clause 4 of Article 3 as follows:

"4. The system for receiving and handling complaints and suggestions is an electronic information system with the function of supporting the receipt, handling, and publicizing the results of handling complaints and suggestions about administrative regulations from individuals and organizations."

2. Supplement Point d of Clause 1 of Article 5 as follows:

"d) Data messages sent via email from the receiving agency (email address: [email protected]), the Ministry of Transport's Electronic Information Portal (access address: http://www.mt.gov.vn) or the System for Receiving and Handling Complaints and Suggestions (access address: http://www.nguoidan.chinhphu.vn and http://www.doanhnghiep.chinhphu.vn)."

3. Amend Point a of Clause 3 of Article 5 as follows:

"a) Individuals and organizations reflect and suggest through telephone calls to the hotline number 024.39411797 (for reflections and suggestions from abroad, call 0084.2439411797) of the Administrative Procedure Control Department under the Ministry of Transport's Office."

4. Supplement Clause 5 of Article 5 as follows:

"5. Requirements for complaints and suggestions submitted via data message emails from the receiving agency, the Ministry of Transport's Electronic Information Portal, or the System for Receiving and Handling Complaints and Suggestions:
a) Complaints and suggestions must be sent to the correct email address, access address of the Ministry of Transport's Electronic Information Portal, or the access address of the System for Receiving and Handling Complaints and Suggestions that have been publicly announced by the receiving agency;
b) Use Vietnamese language; Vietnamese character font according to Vietnam Standard TCVN 6909:2001;
c) Clearly state the content of reflections and suggestions;
d) Clearly state the name, address, phone number, email address, or postal address for contact of the individual or organization making the complaint or suggestion;
đ) Attach files with appropriate formats as required by the system."

5. Amend Clause 2 of Article 6 as follows:

"2. For complaints and suggestions made through electronic data message forms, the Administrative Procedure Control Department must follow the following procedures:
a) Guide individuals and organizations to make complaints and suggestions in accordance with the provisions of Clause 5 of Article 5 of this Circular;
b) Log in to the Ministry of Transport's Electronic Information Portal or the System for Receiving and Handling Complaints and Suggestions to receive complaints and suggestions;
c) Study, evaluate, and classify complaints and suggestions: For complaints and suggestions not in compliance with the content and requirements stipulated in Article 4 and Clause 5 of Article 5 of this Circular, the Administrative Procedure Control Department shall notify the people and businesses on the System within two working days from the date of receipt of the complaints and suggestions that they will not be accepted and specify the reasons; For complaints and suggestions unclearly stated in Article 4 of this Circular, the Administrative Procedure Control Department shall notify the people and businesses on the System to provide additional details or clarify the content of the complaints and suggestions within five working days from the date of receipt; For complaints and suggestions complying with the content and requirements stipulated in Article 4 and Clause 5 of Article 5 of this Circular but outside the jurisdiction and management scope of the Ministry of Transport, the Administrative Procedure Control Department shall transfer the complaints and suggestions to relevant administrative agencies or authorities for handling within five working days from the date of receipt; For complaints and suggestions complying with the content and requirements stipulated in Article 4 and Clause 5 of Article 5 of this Circular within the jurisdiction and management scope of the Ministry of Transport, the Administrative Procedure Control Department shall handle them in accordance with the law.
d) Store data messages about received complaints and suggestions in the database of the Ministry of Transport's Electronic Information Portal or the System for Receiving and Handling Complaints and Suggestions."

6. Supplement Article 9a after Article 9 as follows:

"Article 9a. Responsibilities of agencies, units, and individuals in receiving and handling complaints and suggestions
1. Responsibilities of the agency receiving complaints and suggestions
a) Assign civil servants to carry out the receipt and response to complaints and suggestions; classify and transfer complaints and suggestions to subordinate units or to relevant administrative agencies or authorities for handling and responding;
b) Organize the receipt of complaints and suggestions in accordance with the prescribed procedures.
2. Responsibilities of the Ministry's Office
a) Manage and operate the unified System for Receiving and Handling Complaints and Suggestions about administrative regulations within the Ministry.
b) Publicize complaints and suggestions about administrative regulations that have been processed by authorized bodies on the System for Receiving and Handling Complaints and Suggestions about administrative regulations and the Government's Electronic Information Portal;
c) Guide the agencies and units under the Ministry to manage, operate, and utilize the Information System for Receiving, Processing Complaints and Suggestions on Administrative Regulations.
3. Responsibilities of Departments, the Inspectorate of the Ministry, General Departments, and Bureaus under the Ministry
a) Coordinate with the Ministry's Office to update the situation and results of processing complaints and suggestions into the Information System for Receiving, Processing Complaints and Suggestions according to the guidance of the Ministry's Office;
b) Report statistical data on complaints and suggestions as required by the Ministry (through the Ministry's Office).
4. Responsibilities of civil servants implementing the reception of complaints and suggestions
a) Guide citizens and businesses to access the Information System to submit, search for the status and results of responses to complaints and suggestions;
b) Contact and guide citizens and businesses to update and supplement all relevant contents related to complaints and suggestions in cases where the complaints and suggestions from citizens and businesses are unclear or lack necessary information, or when verification and clarification of related information is needed;
c) Adhere strictly to the procedures and deadlines for receiving, classifying, processing, updating, and posting the results of handling complaints and suggestions."

7. Replace the phrase "Website of the Ministry of Transport" with the phrase "Electronic Portal of the Ministry of Transport" at point a clause 2 and point c clause 4 Article 5.

Article 2. Implementation

1. This Circular takes effect from July 16, 2018.

2. The Head of the Ministry's Office, the Head of the Inspectorate of the Ministry, Department Heads, General Department Directors, Bureau Chiefs, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular.