Circular No. 50/2011/TT-BGTVT guides the receipt, handling of complaints and suggestions regarding administrative regulations within the jurisdiction of the Ministry of Transport.

CIRCULAR

Guidelines for receiving and processing complaints and suggestions regarding administrative regulations within the jurisdiction of the Ministry of Transport

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Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

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

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;

The Minister of Transport provides guidelines on the reception and processing of complaints and suggestions from individuals and organizations regarding administrative regulations within the jurisdiction of the Ministry of Transport as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular guides the reception and processing of complaints and suggestions from individuals and organizations regarding administrative regulations within the jurisdiction of the Ministry of Transport.

2. This Circular does not regulate complaints and denunciations and the resolution of complaints and denunciations.

Article 2. Applicability

This Circular applies to:

1. Agencies, organizations, and individuals under the Ministry of Transport have the authority to receive and handle complaints and suggestions from individuals and organizations regarding administrative regulations within the scope of management of the Ministry of Transport.

2. Individuals and organizations that have complaints and suggestions regarding administrative regulations within the scope of management of the Ministry of Transport.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Administrative regulations on transport are those regulations concerning mechanisms, policies, and administrative procedures related to business activities and people's lives, within the jurisdiction of the Ministry of Transport, issued by state agencies or persons with authority according to the provisions of the law.

2. Complaint is when individuals or organizations express opinions to the Ministry of Transport about issues related to administrative regulations on transport, including specific difficulties encountered in implementation; illegality, lack of reasonableness, inconsistency, or non-uniformity with the Vietnamese legal system or international treaties to which Vietnam is a party, and other issues.

3. Suggestion is when individuals or organizations make complaints to the Ministry of Transport as stipulated in Clause 2 of this Article and propose solutions or have initiatives to issue new administrative regulations on transport related to business activities and people's lives.

Chapter II

CONTENT, FORM AND REQUIREMENTS

FOR COMPLAINTS AND SUGGESTIONS

Article 4. Content of complaints and suggestions

Organizations and individuals may reflect and suggest on the following contents:

1. Specific difficulties encountered in implementing administrative regulations due to delays, causing inconvenience, or failure to implement, or incorrect implementation of administrative regulations by agencies and units under the Ministry; by officials and civil servants of agencies and units under the Ministry.

2. The inconsistency of administrative regulations on transport with reality.

3. The lack of synchronization and consistency among administrative regulations on transport.

4. Administrative regulations on transport that are illegal.

5. Administrative regulations on transport that contravene international treaties to which Vietnam has acceded or joined.

6. Other issues related to administrative regulations on transport.

7. Solutions for handling complaints and suggestions specified in Clauses 1, 2, 3, 4, 5, and 6 of this Article.

8. Initiatives for issuing new administrative regulations on transport related to business activities and people's lives.

Article 5. Forms of complaints and suggestions and requirements for complaints and suggestions

1. Forms of reflections and suggestions

a) By written form;

b) By telephone;

c) Through Opinion Survey Forms;

d) Direct complaints and suggestions.

2. Requirements for written reflections and suggestions

a) Individuals and organizations reflecting and suggesting by written form shall send to the following addresses:

- Submit directly at the Administrative Affairs Office of the Ministry of Transport's Office (hereinafter referred to as the Administrative Affairs Office), No. 80 Tran Hung Dao Street, Hanoi; or

- Send through the postal service to the Ministry of Transport, No. 80 Tran Hung Dao Street, Hanoi; or

- Send via the internet to the "Feedback" section on the Ministry of Transport's website (http://www.mt.gov.vn) to the Agency Receiving Complaints and Suggestions, which is the Administrative Procedure Control Office of the Ministry of Transport's Office (hereinafter referred to as the Administrative Procedure Control Office); or send an email to the address: [email protected]

b) Use the Vietnamese language, Unicode Vietnamese character set TCVN 6909: 2001.

c) Clearly express the content of complaints and suggestions.

d) Clearly record the name, address, phone number (or mail address when contact is required) of the individual or organization making the reflection or suggestion.

3. Requirements for reflections and suggestions by telephone

a) Individuals and organizations can make complaints and suggestions by phone through the hot line number 04.39411797 of the Administrative Procedure Control Office.

b) Use the Vietnamese language.

c) Clearly present the content of complaints and suggestions.

d) Announce the name, address, phone number (or mail address when contact is required) of the individual or organization making the reflection or suggestion.

4. Requirements for reflections and suggestions through Opinion Survey Forms

This form is only applicable when agencies and units under the Ministry of Transport wish to seek opinions from individuals and organizations on specific administrative regulations. Sending Opinion Forms may be conducted through one or more methods such as:

a) Sending official letters to solicit opinions;

b) Soliciting opinions through mass media;

c) Sending data messages over the information network (email, the "Feedback" section on the Ministry of Transport's website).

Chapter III

RECEIVING AND CLASSIFYING REFLECTIONS AND SUGGESTIONS

Article 6. Procedure for receiving complaints and suggestions

1. For complaints and suggestions sent directly or through the postal system, the Administrative Affairs Department shall receive them in accordance with current regulations on receiving incoming documents and transfer them to the Administrative Procedures Supervision Department for classification in accordance with this Circular.

2. For complaints and suggestions submitted via the Ministry of Transport's electronic information website or email, the Administrative Procedures Supervision Department shall receive them, record them in the tracking logbook, and classify them in accordance with this Circular.

3. For complaints and suggestions made by telephone, administrative procedures supervision department staff responsible for answering the calls shall record all relevant information about the complaints and suggestions according to the model specified in Appendix I of this Circular, and record them in the tracking logbook for classification in accordance with this Circular.

4. In cases where civil servants of the Ministry are assigned to receive complaints and suggestions directly from individuals or organizations, they shall guide such individuals or organizations to express their complaints and suggestions in writing.

Article 7. Classification and Assignment of Tasks to Handle Complaints and Suggestions

1. The Administrative Procedures Supervision Department shall be responsible for recording complaints and suggestions in the tracking logbook. If the complaints and suggestions are unclear or do not meet the requirements stipulated in Article 5 of this Circular, the Administrative Procedures Supervision Department shall contact the individuals or organizations to guide them on how to properly submit their complaints and suggestions in accordance with the regulations.

2. After verifying and clarifying the information (if necessary), the Administrative Procedures Supervision Department shall review and classify the complaints and suggestions and implement the following provisions:

a) For complaints and suggestions regarding administrative regulations within the jurisdiction of the Ministry of Transport, the Administrative Procedures Supervision Department shall draft a document for the Director of the Ministry's Office to submit to the Deputy Minister in charge for signing and assigning tasks to relevant departments and units under the Ministry to study and handle in accordance with the regulations.

b) For complaints and suggestions related to delays, harassment, or failure to comply with administrative regulations by state administrative agencies or civil servants of departments and units under the Ministry, the Director of the Ministry's Office, acting on behalf of the Minister, shall forward them to the relevant agencies or units for handling.

c) For complaints and suggestions outside the jurisdiction of the Ministry of Transport, within five working days from the date of receipt, the Administrative Procedures Supervision Department shall draft a document for the Director of the Ministry's Office, acting on behalf of the Minister, to forward the complaints and suggestions to the competent state agency for handling in accordance with the law; at the same time, send the document to the individual or organization that made the complaints and suggestions.

3. For complaints and suggestions received in person, the head of the department or unit receiving the complaints and suggestions shall be responsible for reviewing, handling, submitting to the Deputy Minister for decision-making, or requesting the Deputy Minister to assign tasks to relevant departments or units for handling. The document submitted to the Deputy Minister and the results of the handling shall be simultaneously sent to the Ministry's Office for consolidation and reporting to the Government in accordance with the regulations.

Chapter IV

HANDLING COMPLAINTS AND SUGGESTIONS

Article 8. Procedure for handling complaints and suggestions

1. For complaints and suggestions regarding delays, causing inconvenience, or failure to perform administrative acts as prescribed by civil servants, public officials, agencies, units under the Ministry, the heads of these agencies and units shall be responsible for organizing examination and handling according to their authority and in accordance with the procedures stipulated by law; and submitting reports on the results of handling complaints and suggestions to the Ministry's Office.

2. For complaints and suggestions concerning the content of administrative regulations, the head of the agency or unit assigned to handle such matters pursuant to point a, Clause 2, Article 7 of this Circular shall be responsible for leading and coordinating with relevant agencies and units to examine, advise the Ministry's leadership on handling, and submit reports on the results of handling complaints and suggestions to the Ministry's Office.

The procedure for handling complaints and suggestions concerning the content of administrative regulations shall be carried out in accordance with the provisions of Clause 2, Article 14 of Decree No. 20/2008/NĐ-CP.

Article 9. Publicizing the Results of Handling Complaints and Suggestions

1. The heads of agencies and units under the Ministry shall be responsible for publicizing the results of handling complaints and suggestions within their jurisdiction as stipulated in Clause 1, Article 8 of this Circular.

2. The Office of the Ministry shall be responsible for disclosing the results of handling reflections and suggestions regarding administrative regulations within the scope of management of the Ministry of Transport.

3. The form of publicizing the results of handling complaints and suggestions shall be implemented in accordance with the provisions of Article 19 of Decree No. 20/2008/NĐ-CP.

Chapter V

IMPLEMENTING PROVISIONS

Article 10. Effectiveness and Responsibility for Implementation

1. This Circular takes effect 45 days from the date of signature.

2. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Highway Administration, the Directors of Bureaus under the Ministry, the heads of agencies, organizations, and individuals related to this Circular shall be responsible for its implementation./.