Circular No. 40/2013/TT-BGDĐT on complaints handling, appeals resolution, and citizen reception at the Ministry of Education and Training

CIRCULAR

Regulations on receiving citizens, handling complaints, and addressing accusationsof the Ministry of Education and Training

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

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

Pursuant to Decree No. 32/2008/NĐ-CP dated March 19, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training;

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

Pursuant to Decree No. 76/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions of the Law on Complaints;

Pursuant to Decree No. 42/2013/NĐ-CP dated May 9, 2013 of the Government on the organization and operation of educational inspection;

Considering the proposal of the Inspector General;

The Minister of Education and Training issues this Circular stipulating regulations on receiving citizens, handling complaints, and addressing accusations of the Ministry of Education and Training,

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the procedures for receiving citizens and processing petitions; the authority and responsibility for handling complaints and addressing accusations; the information and reporting system regarding the handling of complaints and accusations of the Ministry of Education and Training (Ministry of Education and Training).

Article 2. Procedures and formalities for handling complaints and accusations and receiving citizens

Clause 1. Procedures and formalities for handling complaints shall be implemented in accordance with Articles 27 to 43 of the Law on Complaints and relevant laws; handling disciplinary decisions against civil servants and public officials shall be carried out in accordance with Article 50 and Articles 52 to 56 of the Law on Complaints and relevant laws.

Article 3. Responsibilities of heads of functional units under the Ministry and affiliated units under the Ministry

Clause 1. To disseminate legal provisions on receiving citizens, handling complaints, and addressing accusations to subordinate organizations and individuals.

Clause 2. To implement the procedures for receiving citizens, handling complaints, and addressing accusations within their authority; to organize investigations, report investigation results, and propose measures to handle complaint and accusation cases when assigned.

Clause 3. To coordinate with the Ministry's Inspectorate and related organizations and individuals in receiving citizens, handling complaints, and addressing accusations; to handle issues related to decisions on handling complaints or conclusions on accusation contents.

Clause 5. To strictly implement decisions on handling complaints and decisions on dealing with accusations that have become legally binding and relate to their responsibilities.

Article 4. Responsibilities of the Ministry's Inspectorate

Clause 1. To take the lead or cooperate with related units in drafting documents in the field of receiving citizens, handling complaints, and addressing accusations for the Minister to issue according to their authority.

Clause 2. To take the lead in promoting, disseminating laws, and training on receiving citizens, handling complaints, and addressing accusations for functional units under the Ministry, affiliated units under the Ministry, and related entities.

Clause 3. To monitor and urge functional units under the Ministry and affiliated units under the Ministry in receiving citizens and processing letters; handling complaints and addressing accusations; implementing decisions on handling complaints and decisions on dealing with accusations in accordance with the law.

Clause 4. To inspect and audit the responsibility of heads of functional units under the Ministry and affiliated units under the Ministry in receiving citizens, handling complaints, and addressing accusations.

Clause 7. To compile the situation of receiving citizens and handling complaints and accusations within the Minister's responsibility, to implement reporting and archiving systems in accordance with Articles 14 and 15 of this Circular and related regulations.

Chapter II
RECEIVING CITIZENS AND PROCESSING PETITIONS

1. The location for receiving citizens of the Ministry of Education and Training is at the Ministry's headquarters (No. 49, Dai Co Viet Street, Hai Ba Trung District, Hanoi City) and at the Ministry’s representative office in Ho Chi Minh City (No. 3, International Square, District 3).

2. The Minister (or Deputy Minister authorized) receives citizens on the 25th of each month, if it coincides with a holiday, then the reception will be scheduled on the next working day.

3. The Inspectorate organizes citizen reception on working days of the week at the Ministry's reception location.

4. Responsibilities of functional units under the Ministry:

a) The Ministry Office and the Ministry’s representative office in Ho Chi Minh City are responsible for arranging the Citizen Reception Room and ensuring necessary material conditions for citizens to present complaints, reports, suggestions, and reflections; coordinating with the Inspectorate to guide citizens to file complaints and reports in accordance with the law; coordinating with the local police authority to take measures against those who violate the reception rules, causing public disorder, slandering, or defaming the reputation and honor of state agencies and officials performing their duties.

b) Heads of functional units under the Ministry are responsible for appointing representatives to coordinate with the Inspectorate in preparing relevant content related to their administrative management field during the Ministry Leader's citizen reception sessions and when requested by the Inspectorate.

Article 6. Receiving Citizens of Subordinate Units

1. Heads of subordinate units under the Ministry are responsible for receiving citizens at least once a month and must publicly announce the date and time of citizen reception; receiving citizens on an urgent basis when there are complex cases.

2. Subordinate units under the Ministry arrange a Citizen Reception Room at their main office. Unit heads are responsible for organizing citizen reception, ensuring necessary conditions for citizen reception, and assigning staff to handle complaints, reports, suggestions, and reflections.

Article 7. Handling Petitions

When receiving petitions from citizens, heads of functional units under the Ministry and heads of subordinate units under the Ministry shall examine and handle them as follows:

a) Petitions not clearly stating the date of writing; not clearly stating the name and address of the writer; lacking a signature or direct fingerprint of the writer;

b) Complaints not directly related to the legitimate rights and interests of the complainant; expired complaint deadlines; complaints already resolved twice; complaints already accepted by the court;

c) Reports not clearly stating the name and address of the reporter; reports already accepted and resolved by the competent authority without new content or unverifiable report content;

d) Petitions sent to multiple agencies or individuals, including those sent to the correct competent authority or person.

Chapter III
AUTHORITY AND RESPONSIBILITY FOR COMPLAINT RESOLUTION AND REPORT HANDLING

Section 1
AUTHORITY AND RESPONSIBILITY FOR COMPLAINT RESOLUTION

Article 8. Competence to settle complaints

1. Authority of the Minister

a) Resolving initial complaints regarding:

- Administrative decisions and administrative acts of himself/herself; of civil servants, officers, and employees under his/her direct management except for cases delegated or otherwise provided by law;

- Disciplinary decisions issued by him/herself.

b) Settle second-level complaints against:

- Administrative decisions and administrative acts that have been initially resolved by the Inspector General or the Director but still subject to complaints or initial complaints have exceeded the deadline without resolution;

- Administrative decisions and administrative acts of the Chairman of the Provincial People's Committee concerning education within the Ministry's jurisdiction, which have been initially resolved but still subject to complaints or initial complaints have exceeded the deadline without resolution;

- Disciplinary decisions of cadres and officers that have been initially resolved by subordinate units but still subject to complaints or initial complaints have exceeded the deadline without resolution;

- Administrative decisions and administrative acts of heads of subordinate units that have been initially resolved but still subject to complaints or initial complaints have exceeded the deadline without resolution.

a) Resolving initial complaints regarding administrative decisions made by himself/herself and administrative acts made by inspectors under the Ministry's Inspectorate in accordance with the Law on Handling Administrative Violations and the Inspection Law; resolving initial complaints regarding administrative decisions and administrative acts of the Head of the Inspection Team and members of the inspection team he/she has established;

b) Assisting the Minister in verifying, concluding, and recommending solutions for complaints within the Minister's jurisdiction when assigned.

3. Authority of the Director

a) Resolving initial complaints regarding his/her own administrative decisions and administrative acts;

b) Resolving initial complaints regarding administrative acts in the performance of duties and public service by civil servants and officers under his/her direct management.

4. Authority of heads of subordinate units to resolve complaints

a) Authority of University Presidents:

- Resolving initial complaints regarding his/her own administrative decisions and administrative acts; of civil servants, officers, and employees under his/her direct management and disciplinary decisions issued by him/herself;

- Resolving second-level complaints against administrative decisions; administrative acts; disciplinary decisions for civil servants, public officials, and employees made by heads of units with delegated personnel management authority but still subject to complaint or where initial complaints have exceeded their deadlines without resolution.

b) The authority of the Institute Director under the Ministry:

- Resolving first-level complaints against administrative decisions and acts of their own; of directly managed public officials and disciplinary decisions for public officials and employees issued by themselves;

- Resolving second-level complaints against administrative decisions and acts of heads of units with delegated personnel management authority that have been resolved at the first level but still subject to complaint or where initial complaints have exceeded their deadlines without resolution.

c) The authority of the legal representative of state-owned enterprises under the Ministry:

- Resolving first-level complaints against administrative decisions and acts of their own; of directly managed civil servants, public officials, and employees; Resolving first-level complaints against disciplinary decisions for civil servants, public officials, and employees issued by themselves;

- Resolving second-level complaints against administrative decisions and acts of heads of subordinate units and legal representatives of lower-level state-owned enterprises that have been resolved at the first level but still subject to complaint or where initial complaints have exceeded their deadlines without resolution.

d) Heads of other public service units and legal representatives of state-owned enterprises have the authority to resolve first-level complaints against administrative decisions and acts of their own; of directly managed civil servants, public officials, and employees.

1. Heads of functional units under the Ministry shall be responsible for resolving complaints in accordance with the law and assisting the Minister in resolving complaints within the Minister's jurisdiction, specifically as follows:

a) Complaints related to the management functions of which unit shall be the responsibility of that unit to take the lead in advising the Minister to handle and resolve complaints according to the prescribed procedures and send the results of complaint resolution to the Ministry Inspectorate as stipulated in Articles 14 and 15 of this Circular;

b) Complex complaints or those related to the management functions of multiple units shall be reported to the Ministry Leadership to transfer to the Ministry Inspectorate to take the lead in handling and resolving;

c) Complaints not related to the management functions of their own unit shall be transferred to the relevant functional unit for handling and advising on resolution;

d) Complaints not within the jurisdiction of the Minister shall guide the complainant to submit to the competent agency, organization, or individual for consideration and resolution as prescribed.

2. Responsibilities for resolving complaints of the Chief Inspector and Department Directors

a) Accepting and resolving complaints in accordance with this Circular and current management delegation regulations;

b) Transferring complaints related to the management functions of functional units under the Ministry or other units as stipulated in points c and d, Clause 1 of this Article for acceptance and resolution.

Article 10. Responsibilities for resolving complaints of heads of units under the Ministry

1. For Universities and affiliated units

a) The University President shall be responsible for accepting and resolving complaints in accordance with this Circular and relevant laws.

The University's inspection organization shall assist the University President in accepting and resolving complaints according to the prescribed procedures; act as the focal point for compiling and reporting the University and affiliated schools' complaint resolution work to the Ministry of Education and Training;

b) Heads of affiliated units under the University shall be responsible for resolving first-level complaints against administrative decisions and acts of their own, of directly managed civil servants, public officials, and employees. Internal inspection organizations and assigned inspection staff in affiliated units shall assist unit heads in accepting and resolving complaints; act as the focal point for compiling and reporting to the University President.

2. For the National Educational Publishing House, the Vietnam Institute of Educational Sciences, and the School Design Research Institute

Legal representatives of the National Educational Publishing House, the Director of the Vietnam Institute of Educational Sciences, and the Director of the School Design Research Institute shall be responsible for accepting and resolving complaints, implementing the reporting of complaint resolution results as stipulated in this Circular and relevant laws; conduct verification themselves or assign someone to report to decide on complaint resolution.

3. For universities, colleges, and other affiliated public service units

b) Internal inspection organizations and assigned inspection staff in universities and colleges shall assist the Presidents and unit heads in accepting and resolving complaints; act as the focal point for following up, compiling, and reporting in accordance with this Circular.

Section 2
AUTHORITY AND RESPONSIBILITIES FOR RESOLVING COMPLAINTS

Article 11. Authority to handle complaints

a) Resolving complaints about violations of the law by agencies, organizations, or individuals related to the Ministry of Education and Training's national education management authority, except where delegated or otherwise provided by law;

2. The authority of the Inspector General of the Ministry: to handle complaints regarding violations of laws by inspectors, inspection officials, and members of inspection teams established by himself/herself in the implementation of laws on inspections, appeals, complaints, and administrative violations.

3. The authority of the Director of the Department: to handle complaints concerning violations of education laws within the scope of assigned functions and tasks.

1. Inspectorate of the Ministry

a) Verify the content of complaints, conclude the content of complaints, handle according to their authority, and propose measures to address complaints as stipulated in Clause 2, Article 11 of this Circular;

b) Verify the content of complaints, report to the Minister, and propose measures to address cases within the Minister's jurisdiction when assigned;

c) Review and conclude the handling of complaints that have been resolved by the heads of functional units under the Ministry and affiliated units but show signs of violating laws; if there is evidence that the handling of complaints violates laws, propose the Minister to review and resolve again;

d) Lead coordination with units under the Ministry to advise and propose to the Minister to take charge of and resolve complaints within the Minister's jurisdiction related to the responsibility of managing state affairs of multiple functional units under the Ministry or complaints with complex content when assigned.

2. Departments, Bureaus, and Office

a) Lead advising the Minister to take charge of and resolve complaints where the person being complained against or the content of the complaint relates to the responsibility of managing state affairs of their own unit and send the resolution results to the Inspectorate of the Ministry for consolidation and tracking as prescribed;

b) For complaints about violations of laws where the content relates to the responsibility of managing state affairs of multiple units under the Ministry, transfer them to the Inspectorate of the Ministry to lead, propose solutions, and assign personnel to participate at the request of the Inspectorate of the Ministry to assist the Minister in verifying, concluding, and proposing measures to address complaints as prescribed;

c) For complex complaints, submit to the Ministry Leadership to assign the Inspectorate of the Ministry to lead assisting the Minister in verifying, concluding, and proposing measures to address complaints as prescribed.

Article 13. Responsibilities for resolving complaints of the heads of affiliated public service units under the Ministry

1. The heads of affiliated public service units under the Ministry are responsible for resolving complaints with content within the functions and tasks of their own unit and complaints regarding violations of laws by civil servants, employees, and workers directly managed by them in performing their duties.

The heads of component units are responsible for resolving complaints with content within the functions and tasks of their own unit; complaints regarding violations by employees and workers directly managed by them in performing their duties and public services.

Chapter IV
IMPLEMENTATION

Article 14. Reporting and storage regime

1. Reporting System

a) Types of reports: regular reports on complaint resolution work, accusation resolution work, and citizen reception every quarter, six months, nine months, and annually; thematic reports, ad hoc reports as required by the Ministry's leadership, central agencies;

2. Storage regime

b) The Ministry Inspectorate receives and stores files sent by units including: complaint letters, accusation letters; case acceptance documents; decisions on complaint resolution, conclusions on accusation content; decisions on handling complaints, decisions on handling accusations (if any).

Article 15. Database on complaint resolution, accusation resolution, and citizen reception

2. The database includes the following basic contents:

a) Legal provisions on complaints, accusations, and citizen reception;

b) Guidelines for complaint and accusation resolution procedures and citizen reception;

c) Addresses for receiving letters from the Ministry and its subordinate units;

d) Contents of decisions on complaint resolution, conclusions on accusation content as stipulated in the regulations on publicizing the results of complaint resolution and accusation resolution;

e) Other related information.

Article 16. Awards

Organizations, units, and individuals who comply well with the regulations on complaint resolution and accusation resolution or have achievements in complaint and accusation resolution shall be rewarded according to the law.

Article 17. Handling Violations

Those responsible for complaint resolution and accusation resolution who fail to resolve them, act irresponsibly in resolving them, or intentionally resolve them contrary to the law must be strictly dealt with, and if damage is caused, they must compensate according to the law.

Article 18. Effective Date

This Circular takes effect from February 10, 2014, and replaces Decision No. 47/2007/QĐ-BGDĐT dated August 24, 2007 of the Minister of Education and Training on complaint resolution, accusation resolution, and citizen reception.

Article 19. Responsibility for Implementation

The Director of the Ministry’s Office, the Chief Inspector of the Ministry, Heads of functional units under the Ministry; Heads of subordinate units of the Ministry, relevant organizations, and individuals are responsible for implementing this Circular./.