Circular No. 45/2025/TT-BQP amending and supplementing certain articles of Circular No. 218/2013/TT-BQP dated December 19, 2013, issued by the Minister of National Defense guiding complaints and handling complaints in the Military.

CIRCULAR

Amending and supplementing some articles of Circular No. 218/2013/TT-BQP dated December 19, 2013, issued by the Minister of National Defense guiding complaints and handling complaints in the Military.

Pursuant to Decree No. 124/2020/NĐ-CP dated October 19, 2020, promulgated by the Government detailing certain provisions and measures for implementing the Law on Complaints;

Pursuant to Decree No. 01/2022/NĐ-CP dated November 30, 2022, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense; and Decree No. 03/2025/NĐ-CP dated February 28, 2025, promulgated by the Government amending and supplementing some articles of Decree No. 01/2022/NĐ-CP dated November 30, 2022, promulgated by the Government;

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

At the proposal of the Inspector General of the Ministry of National Defense;

The Minister of National Defense hereby issues this Circular amending and supplementing some articles of Circular No. 218/2013/TT-BQP dated December 19, 2013, issued by the Minister of National Defense guiding complaints and handling complaints in the Military.

Article 1. Amending and supplementing some articles of Circular No. 218/2013/TT-BQP dated December 19, 2013, issued by the Minister of National Defense guiding complaints and handling complaints in the Military (hereinafter referred to as Circular No. 218/2013/TT-BQP) as follows:

1. Amending Clause 1 of Article 4 as follows:

"1. Complaints and handling complaints of agencies, organizations, individuals who are foreigners residing, studying, or working in Vietnam within the jurisdiction of the Military shall be applied according to the provisions of the Law on Complaints, Decree No. 124/2020/NĐ-CP dated October 19, 2020, promulgated by the Government detailing certain provisions and measures for implementing the Law on Complaints (hereinafter referred to as Decree No. 124/2020/NĐ-CP), and this Circular, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise."

2. Amending and supplementing Clause 1, Clause 2, and Clause 4 of Article 6 as follows:

"1. Battalion Commander, Brigade Commander, Border Guard Post Commander, and equivalent positions have the authority to handle initial complaints against administrative decisions and administrative acts of themselves and military personnel, defense industry workers under their management.

2. Division Commander, Department Director, Director of the Military Medical Academy, Commander of the Provincial Military Command, Commander of the Ho Chi Minh City Military Command, and equivalent positions have the authority to handle initial complaints against administrative decisions and administrative acts of themselves and subordinate unit commanders when such commanders do not have the authority to handle complaints;

Handling second-level complaints against administrative decisions and administrative acts of subordinate unit commanders under their management who have handled initial complaints but still have complaints or initial complaints that have exceeded the time limit without resolution.

4. Corps Commander, Military Group Commander, Military Branch Commander, Commander of the Vietnam Coast Guard Command, Commander of the Hanoi Capital Military Command, Commander of the Ho Chi Minh Mausoleum Military Command, General Director of the Military Telecommunications Industry Corporation, and equivalent positions have the authority to handle initial complaints against administrative decisions and administrative acts of themselves;

Handling second-level complaints against administrative decisions and administrative acts of subordinate unit commanders under their management who have handled initial complaints but still have complaints or initial complaints that have exceeded the time limit without resolution."

3. Amending and supplementing Point a and Point c of Clause 1 of Article 21 as follows:

"a) Upon receiving a complaint letter, the person with the authority to handle complaints has the responsibility or assigns someone responsible to re-examine the disciplinary decision against military personnel, defense industry workers, and other subjects managed by the Military who are being complained about, and to examine the content of the complaint. If it is found that the content of the complaint is clear, they should request relevant agencies to examine and propose the person with the authority to handle the complaint.

c) After verifying the content of the complaint, they should request relevant agencies to examine and propose the person with the authority to issue a decision to resolve the complaint."

4. Amending and supplementing Clause 1 of Article 24 as follows:

"1. Commanders of agencies and units are responsible for directly meeting citizens periodically as prescribed in Article 61 of the Law on Complaints; Article 8 of Circular No. 166/2021/TT-BQP dated December 16, 2021, issued by the Minister of National Defense stipulating citizen reception in the Ministry of National Defense and related implementing regulations; the schedule for citizen meetings of unit commanders must be publicly announced at the citizen reception office for citizens to know."

2. In cases where the cited documents in this Circular are amended, supplemented, or replaced by new documents, they shall be implemented according to those amended, supplemented, or replacing documents.

The Chief of the General Staff, the Director of the Political General Department, the Inspector General of the Ministry of National Defense, and the heads of related agencies and units are responsible for implementing this Circular./.

Article 2. Effective Date

1. This Circular takes effect from the date of signature.

2. In case the cited documents in this Circular are amended, supplemented, or replaced by new documents, they shall be implemented according to those amended, supplemented, or replacing documents.

This Circular takes effect from December 25, 2025/.

The Chief of General Staff, the Director of the Political General Department, the Inspector General of the Ministry of National Defense, and the Heads of relevant agencies and units are responsible for implementing this Circular./.