Circular No. 49/2011/TT-BTC amends and supplements the regulation and procedure for receiving and handling petitions and complaints from citizens at units under the Ministry of Finance. This document adjusts the time limit for accepting and notifying the parties of the acceptance of petitions and complaints, as well as provisions on publicly announcing decisions to resolve complaints.
适用范围
Units under the Ministry of Finance
要点
- The head of the state administrative agency must accept and notify the party of the acceptance of the complaint petition within ten working days from the date of receipt of all necessary documents (Article 5).
- In cases where the petition does not fall within the jurisdiction or lacks the conditions for resolution, the head of the agency must notify the party in writing and specify the reasons within seven working days (Article 5).
- State administrative agencies must publicly post the decision to resolve complaints on their website or at the reception office within three working days from the date of signing the decision, with the posting period being twenty-five days (Article 14).
- Abolish the provision guiding citizens to write two separate complaint and accusation petitions if the petition contains both complaint and accusation contents.
- This circular is no longer effective for Point 8 of Chapter II of the Procedure for Receiving and Handling Petitions and Complaints.
🌐 本文件的社会影响
- Helps enhance transparency in resolving complaints and accusations.
- Specifies the time limit for accepting and notifying the party to ensure the rights of citizens.
- Publicly posting the decision to resolve complaints on the website or at the reception office enhances transparency in administrative activities.
- Removing the provision on splitting complaint and accusation petitions may facilitate citizens when submitting petitions.
❓ 常见问题
What is the time limit for accepting and notifying the party of the acceptance of a complaint petition?
Within ten working days from the date of receipt of all necessary documents according to the regulations.
If the petition does not fall within the jurisdiction for resolution, how long must the head of the agency notify the party?
Within seven working days from the date of receipt of all necessary documents.
How is the public posting of the decision to resolve complaints implemented?
Within three working days from the date of signing the decision, with the posting period being twenty-five days.
Does this circular abolish any provisions?
Abolishes the provision guiding citizens to write two separate complaint and accusation petitions if the petition contains both complaint and accusation contents.
全文
CIRCULAR
Amending and supplementing the Regulations and Procedures for Receiving and Handling Petitions and Complaints from Citizens at Units under the Ministry of Finance issued together with Decision No. 43/2007/QD-BTC dated June 4, 2007 and Decision No. 122/2008/QD-BTC dated December 25, 2008 of the Minister of Finance
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Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Pursuant to Resolution No. 68/NQ-CP dated December 27, 2010 of the Government on simplifying administrative procedures within the scope of management functions of the Ministry of Finance;
The Ministry of Finance guides the amendment of certain contents of the Regulations for Receiving and Handling Petitions and Complaints from Citizens at Units under the Ministry of Finance issued together with Decision No. 43/2007/QD-BTC dated June 4, 2007 of the Minister of Finance; Procedures for Receiving and Handling Petitions and Complaints from Citizens at Units under the Ministry of Finance issued together with Decision No. 122/2008/QD-BTC dated December 25, 2008 of the Minister of Finance as follows:
Article 1.
1. Amending and supplementing the Regulations for Receiving and Handling Petitions and Complaints from Citizens at Units under the Ministry of Finance issued together with Decision No. 43/2007/QD-BTC dated June 4, 2007 of the Minister of Finance:
1.1 Amending and supplementing Article 5
"Upon receipt of a petition or complaint, the head of the state management agency shall be responsible for accepting and handling it, and informing the parties concerned about the acceptance and handling, specifically as follows:
- For petitions within the jurisdiction to handle, the agency must accept and handle them within ten working days from the date of receiving all required documents, and notify the petitioner in writing of the acceptance (Form No. 3/TTr-KT); in cases where the petition does not fall within the jurisdiction, or lacks the necessary conditions for acceptance and handling, the agency must notify the party concerned in writing within seven working days from the date of receiving all required documents, stating the reasons.
- For complaints within the jurisdiction to handle, the authority responsible for handling must accept and handle them within ten working days from the date of receiving all required documents, without the need to inform the complainant of the acceptance and handling.
For complaints outside the jurisdiction to handle, the agency must transfer the complaint to the competent authority for handling within seven working days from the date of receiving all required documents, and notify the complainant upon their request."
1.2 Amending and supplementing Article 14:
"Publicizing decisions on resolving administrative complaints:
- Within three working days from the date the head of the state management agency under the Ministry of Finance signs the decision on resolving the complaint, the agency must publicly post the decision on its website; if the agency has not yet established a website, the decision must be publicly posted at the reception office of the agency.
- The period for publicly posting the decision on resolving the complaint is twenty-five days from the start of the posting."
2. Abolishing the provision in Point 8, Chapter II, Procedures for Receiving and Handling Petitions and Complaints from Citizens at Units under the Ministry of Finance issued together with Decision No. 122/2008/QD-BTC dated December 25, 2008 of the Minister of Finance:
"For petitions containing both complaints and accusations:
The civil servant receiving citizens shall guide the citizen to write two separate petitions (one for the complaint and one for the accusation); if the citizen refuses to rewrite, the civil servant shall explain each part of the complaint and accusation according to regulations and accept the petition."
Article 2. Implementation
1. This Circular shall take effect 45 days from the date of signature.
2. During implementation, if there are any difficulties, please report to the Ministry of Finance for research and appropriate amendments and supplements.
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To be received: |
DEPUTY MINISTER |
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