Circular No. 50/2011/TT-BCA on receiving citizens for complaints, reports, suggestions, and reflections in the People's Public Security Force.

REGULATION LEGAL

REGULATION regarding citizens' visits to lodge complaints, reports, proposals, and reflections with the People's Public Security

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BASED ON the Law on Complaints and Reports dated December 2, 1998, and the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Reports in 2004 and 2005;

WHEREAS BASED ON Decree No. 136/2006/NĐ-CP dated November 14, 2006, of the Government detailing and guiding the implementation of certain provisions of the Law on Complaints and Reports and the Laws Amending and Supplementing Certain Provisions of the Law on Complaints and Reports;

WHEREAS BASED ON Decree No. 89/CP dated August 7, 1997, of the Government promulgating the Regulation on Organizing Citizens' Visits;

WHEREAS BASED ON Decree No. 63/2006/NĐ-CP dated June 23, 2006, of the Government on Organization and Activities of Inspection in the People's Public Security;

WHEREAS BASED ON Decree No. 77/2009/NĐ-CP dated September 15, 2009, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

WHEREAS BASED ON Decision No. 858/QĐ-TTg dated June 14, 2010, of the Prime Minister approving the Project for Reforming Citizens' Visit Work;

AND The Public Security organizes citizens' visits to lodge complaints, reports, proposals, and reflections within the People's Public Security (P.P.S.), as follows:

PART I

REGULATION GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the purpose, principles, responsibilities, procedures, and formalities for organizing citizens' visits to lodge complaints, reports, proposals, and reflections (hereinafter referred to collectively as "citizens' visits") within the jurisdiction of handling and resolving by the P.P.S. forces.

2. Representatives of agencies, organizations; foreign individuals residing in Vietnam who visit to lodge complaints, reports, proposals, and reflections within the jurisdiction of handling and resolving by the P.P.S. forces shall be governed by this Circular, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

3. This Circular applies to public security units at all levels and localities.

Article 2. Purpose of organizing citizens' visits

1. To promptly receive and handle complaints, reports, proposals, and reflections related to the responsibility of resolving by the heads of agencies and units under the P.P.S. forces as prescribed by law.

2. To guide citizens in exercising their rights to lodge complaints, reports, proposals, and reflections in accordance with the law and through competent agencies and units with jurisdiction to examine and resolve such matters.

Article 3. Principles for implementing citizens' visits

1. Transparency, simplicity, convenience, and facilitation for citizens to visit to lodge complaints, reports, proposals, and reflections.

2. Conducted directly at the place of citizens' visits or conducted unexpectedly and mobilely according to the directives of leaders at various levels of the Public Security.

3. Implemented strictly in accordance with the procedures, formalities, and jurisdiction as prescribed by law and this Circular, while also being linked to the resolution of complaints, reports, proposals, and reflections.

Chapter II

SPECIFIC PROVISIONS

Section 1

Article 4. Locations for Citizen Reception

Article 4. Places for citizens' visits at various levels of the Public Security

1. At the Ministry: The Ministry of Public Security's reception office in Hanoi and Ho Chi Minh City (under the Inspectorate), ensuring convenience for citizens' visits and arranging police forces for security duties. In case of necessity (mass complaints, causing public disorder...), the Public Security of Hanoi and Ho Chi Minh City shall have the responsibility to dispatch forces to cooperate to ensure security and order in the area of the Ministry of Public Security's reception office.

For complaints, reports, proposals, and reflections from citizens related to the functions and tasks of the General Departments, Military Commands, Bureaus, Institutes under the Ministry, and relevant functional units, when necessary, the staff receiving citizens at the Ministry's reception office shall notify the head of that unit to dispatch staff to participate in receiving citizens as prescribed.

2. Each General Department and Military Command shall organize citizens' visits at their respective workplaces.

3. Provincial-level Public Security, provincial-level Fire Prevention and Fighting Services (hereinafter referred to as provincial-level Public Security); district-level Public Security, county-level Public Security, town-level Public Security, and city-level Public Security under provinces (hereinafter referred to as district-level Public Security) shall arrange citizens' visits at convenient locations, ensuring conditions for citizens to easily and conveniently present their complaints, reports, proposals, and reflections.

4. In addition to the general regulations on citizens' visits, at places for citizens' visits, the names, ranks, positions, times, and schedules for receiving citizens by the heads and staff responsible for receiving citizens must be publicly displayed. A bookshelf of laws should be provided for citizens to refer to when making complaints and reports.

5. The places for citizens' visits of the General Departments, Military Commands, provincial-level Public Security, and district-level Public Security shall be the responsibility of the heads of these units to arrange forces to ensure order and safety at the places for citizens' visits.

Article 5. Civil Servants Receiving Citizens

1. The Inspectorate of the Ministry, General Departments, Military Commands, and Provincial Public Security Authorities shall arrange civil servants from the Inspectorate to receive citizens on a regular basis.

2. County-level Public Security Authorities shall arrange civil servants on duty to receive citizens. When citizens come to lodge complaints or reports, the civil servants on duty have the responsibility to coordinate with specialized or concurrently assigned inspectors to receive citizens.

3. Civil servants assigned the task of receiving citizens must possess good qualities, knowledge, and understanding of policies and laws, have a sense of responsibility; be trained in citizen reception, complaint, and report resolution procedures; have communication skills and experience in handling tasks; maintain a modest demeanor and attitude. When receiving citizens, they must strictly adhere to the Regulations of the People's Public Security Force.

Article 6. Organization of Citizen Reception

1. Heads of Public Security Authorities at all levels shall regularly receive citizens according to the following provisions:

a) The Minister shall regularly receive citizens at least once a month at the Ministry’s Citizen Reception Office (specific time determined by the Ministry Inspectorate in coordination with the Ministry Office).

b) Heads of General Departments and Military Commands shall regularly receive citizens at least once a month at their respective Citizen Reception Offices (specific time determined by the unit heads).

c) Provincial Public Security Directors shall regularly receive citizens at least once a month at the Provincial Public Security Citizen Reception Office (specific time determined by the Provincial Public Security Director).

d) County-level Public Security Chiefs shall regularly receive citizens at least once a month at the County-level Public Security Citizen Reception Office, with other days assigned to unit duty officers for citizen reception duties.

đ) Ward-level Public Security Chiefs shall regularly receive citizens at least once a month, with other days assigned to unit duty officers for citizen reception duties.

Units and individuals advised by Heads of Public Security Authorities at all levels in citizen reception work shall be responsible for preparing files and documents to support the Heads in receiving citizens.

2. Organization of sudden or mobile citizen reception.

In addition to regular citizen reception, Heads of Public Security Authorities at all levels must also conduct sudden or mobile citizen reception in the following cases:

a) Severe and complex complaints or reports.

b) Complaints or reports that, if not promptly directed and examined, may result in serious consequences such as damage to state or collective property, infringement on citizens' lives, and impact on political security and social order.

c) Receiving citizens based on requests from superiors.

3. The Ministry Inspectorate, General Department Inspectorates, Military Command Inspectorates, and Provincial Public Security Inspectorates shall organize citizen reception for complaints, reports, suggestions, and reflections during regular working hours on working days, handled by designated citizen reception officers. When necessary or when instructed by superiors, the Chief Inspectors of the Ministry and local units must directly receive citizens.

Article 7. Responsibilities of Heads of Public Security Authorities at All Levels When Receiving Citizens

1. Heads of Public Security Authorities at all levels must personally receive citizens according to the schedule. In case of valid reasons, they shall delegate a deputy to perform the task and publicly inform the citizens.

2. During citizen reception, Heads of Public Security Authorities at all levels must listen, record, process, and direct the resolution of complaints, reports, suggestions, and reflections within their jurisdiction in accordance with the law on complaints and reports.

3. When receiving citizens, Heads of Public Security Authorities at all levels must provide feedback on the resolution of complaints and reports to the citizens. If immediate response is not possible, they must clearly inform the citizens of the resolution timeframe and the response deadline as stipulated by law.

Article 8. Responsibilities of Inspection Agencies at all levels in assisting Heads in Receiving Citizens

1. The Chief Inspector of Inspection Agencies at all levels shall be responsible for:

a) Advising Heads on citizen reception work; preparing plans and necessary conditions for Heads to receive citizens, except in cases of sudden citizen receptions;

b) Preparing full information and documents related to the content of complaints and reports that the Head will receive from citizens;

c) Assigning specialized staff to record the content of citizen receptions, receive information and documents provided by citizens;

d) Requesting leaders of relevant police units concerning the content of citizens' complaints and reports to join Heads in receiving citizens to implement tasks assigned by Heads after citizen receptions.

2. At the end of Heads' citizen receptions, the Chief Inspector and relevant units shall be responsible for assisting Heads in preparing responses to citizens.

3. The Chief Inspector shall be responsible for supervising and urging units and individuals to implement the directives of Heads at the same level.

Article 9. Rights of Citizen Reception Officers when Receiving Citizens

1. Refuse to accept complaints and reports that have been resolved by competent authorities according to the provisions of the law and have taken effect; complaints that have exceeded the statute of limitations for complaints as prescribed by law.

2. Refuse to receive citizens coming to the citizen reception office in the following cases:

- In a state of intoxication due to alcohol, beer, or other stimulants;

- Suffering from mental illness;

- A person declared by the Court to be incapacitated for civil acts;

- An authorized representative or guardian but lacking lawful documents as prescribed by law;

- A person causing disruption and disorder at the citizen reception site;

- A person with aggressive behavior, insulting the dignity and reputation of citizen reception officers.

3. When there is a group complaint or report leading to complex situations affecting security and public order, they have the right to request local police units (where citizens come to complain or report) to send responsible officers to the citizen reception office to cooperate in returning citizens to their place of residence for resolution.

Section 2

PROCEDURES FOR RECEIVING CITIZENS

Article 10. Citizen Reception Officers must strictly follow the procedures below

1. Check the identity documents of those who come to complain or report, submit complaints or reports. If it is an authorized representative making a complaint, a guardian, or a representative of an organization, they must have lawful documents as prescribed by law. In cases where citizens reporting require confidentiality, citizen reception officers must clearly record their names, addresses, contents of the reports, and require them to sign confirmation and bear the responsibility of keeping the confidentiality of the reporter.

2. Explain the rights and obligations of citizens when exercising the right to complain or report; the responsibilities of citizens in providing information to the police agency according to the provisions of the law on complaints and reports.

3. Listen to citizens' reflections, presentations of wishes, complaints, and reports. Open a tracking number, fully record the content presented by citizens. In cases where citizens present oral suggestions, complaints, and reports, they may be asked to write them down in writing and sign confirmation, or citizen reception officers may record the content of complaints and reports and require them to sign confirmation.

4. Accept complaints and reports and related documents if the complaints and reports are based on facts and fall within the jurisdiction of their level to resolve.

Article 11. Receiving information, documents, evidence provided by the complainant or accuser

1. When the complainant or accuser provides relevant information, documents, and evidence related to the complaint or accusation such as administrative decisions being complained about, administrative acts, administrative decision resolving complaints of competent authorities (if any), other related documents and evidence concerning the content of the complaint or accusation ..., the civil reception officer must check the validity of the documents provided by the complainant or accuser.

2. After checking and comparing the documents and evidence, the civil reception officer must write a receipt (in two copies), recording the names of the documents, the condition of the documents, and the evidence (note to specify clearly whether the document is original or copy...). Request the complainant or accuser to sign on the receipt, hand over one copy to the complainant or accuser and transfer the other copy along with the received documents and evidence to the handling department.

Article 12. Handling, categorizing, and processing complaints, accusations, suggestions, and reflections shall be carried out in accordance with the laws on complaints and accusations and Circular No. 63/2010/TT-BCA-V24 dated December 29, 2010 of the Ministry of Public Security guiding management and resolution of complaints and accusations against public security forces.

Chapter III

HANDLING SITUATIONS INVOLVING LARGE GROUPS OF COMPLAINANTS AND ACCUSERS

Article 13. Handling situations where multiple people file different complaints and accusations

In cases where multiple people come together to the civil reception place to file different complaints and accusations, the civil reception officer shall receive each person individually according to the specific content of their complaints and accusations.

Article 14. Handling situations where multiple people file the same complaint or accusation

In cases where five or more people come together to the civil reception place to file the same complaint or accusation, they are required to elect representatives to present their case to the civil reception officer. If there are from five to ten people, one or two representatives should be elected; if there are more than ten people, more representatives may be elected, but not exceeding five in total.

The civil reception officer is responsible for receiving the documents, fully recording the statements about the content of the complaint or accusation made by the representative, reading them back to the representative, and requesting confirmation by signature.

After receiving the complaint letter and the information, documents provided by the representative of the complainants or accusers, the civil reception officer reports to the Head of the Unit to handle and resolve the matter according to the law (if within the jurisdiction) or transfers it to the competent authority for resolution (if outside the jurisdiction).

Article 15. Handling complex complaints and accusations involving many participants

In cases of complex complaints and accusations involving thirty or more people with a strong attitude of dissatisfaction, the civil reception officer must remain calm, quickly grasp the basic content of the case, related information and documents, and the demands of the complainants or accusers; report promptly and seek guidance from the Head of the Unit, and may mobilize additional officers to participate in civil reception when necessary, while simultaneously contacting the competent authority at the local level or the location where the incident occurred to rapidly gather information about the origin, development, and resolution process of the case at the grassroots level and other relevant information concerning the content of the complaint or accusation.

In cases where complex matters have been resolved multiple times and at various levels but the citizens still disagree, it is recommended that the locality appoints authorized and responsible officials to cooperate in civil reception.

Article 16. Representation of Petitioners and Accusers in Cases Involving Multiple Participants

Based on initial information and directives from the Head of the Unit, the reception of citizens shall be carried out in accordance with the following steps:

1. Request petitioners and accusers to elect representatives to work with citizen reception officers. In necessary cases, the Head of the agency responsible for receiving citizens shall take responsibility.

Group For individuals engaging in disruptive behavior, violating internal regulations, or rules for citizen reception, they must be refused and not allowed to serve as representatives, or incite crowds to disrupt public security, order, or commit illegal acts.

2. Invite the representative into the office to present the content of the case, while the remaining individuals are arranged in waiting rooms in other areas. Require the representative to present the contents of the case and their requests for resolution. It is necessary to clearly identify the reasons and motives behind the petitions and accusations, whether due to delayed resolution, unsatisfactory resolution, abuse of democratic rights, or other reasons... to propose timely measures for handling.

3. During the reception process, it is important to categorize opinions, those directly affected by the petitions and accusations, those exploiting or inciting others, and policy targets, to promptly implement appropriate measures.

Chapter IV

ORGANIZATION IMPLEMENTATION

Article 17. Effective Date

Athletes This Circular takes effect 45 days from the date of publication in the Official Gazette and replaces Decision No. 72/1998/QĐ-BNV dated February 20, 1998, issued by the Minister of Interior (now the Ministry of Public Security) regarding the Regulations on Citizen Reception in the People's Internal Affairs Forces.

Article 18. Responsibility for Implementation

1. Heads of public security units and localities within their scope of duties and authority are responsible for directing the organization of citizen reception in accordance with the Government's regulations, the General Inspectorate's regulations, and the provisions of this Circular.

2. The Chief Inspector of the Ministry is responsible for assisting the Minister in guiding, urging, and inspecting the implementation of this Circular by public security units and localities; regularly reporting to the Ministry leadership for guidance. The Chief Inspectors of public security units and localities are responsible for assisting the Heads of public security units and localities at the same level in guiding, urging, and inspecting the implementation of this Circular within the scope of the Heads' duties and authority at the same level.

In During the implementation of this Circular, if there are any difficulties, public security units and localities should report to the Ministry (through the Ministry Inspectorate) for guidance or timely amendments and supplements.