Decree No. 53/2005/ND-CP detailing and guiding the implementation of the Law on Petitioning and the Law Amending and Supplementing Certain Provisions of the Law on Petitioning and Complaints.

DECREE

Regulations detailing and guiding the implementation of the Law on Petitioning and the Law Amending and Supplementing Certain Provisions of the Law on Petitioning and Complaints.

Amending and supplementing certain provisions of the Law on Petitioning and Complaints.

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Complaints and Reports dated December 2, 1998;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Reports dated June 15, 2004;

At the proposal of the State Auditor General.

DECREE:

Chapter I

PETITIONING AND RESOLVING PETITIONS AGAINST ADMINISTRATIVE DECISIONS AND ADMINISTRATIVE ACTIONS

PART 1

PETITIONING AND THE HANDLING OF PETITION LETTERS

Article 1. A state agency shall accept and resolve petitions when the following conditions are met:

1. The petitioner must be a person whose legitimate rights and interests have been directly affected by the administrative decision or administrative action being petitioned against.

2. The petitioner must be a person with full capacity for acts under the law; in cases where the petition is made through a representative, the representative must comply with the provisions of Article 2 of this Decree.

3. The petitioner must submit a petition letter and send it to the competent authority within the prescribed time limit as stipulated in the Law on Petitioning and Complaints.

4. There must not yet be a final decision resolving the petition.

5. The petition has not yet been accepted by a court for resolution.

Article 2.

Citizens may exercise their right to petition either personally or through a representative authorized by law; when exercising the right to petition, the representative must present documents to prove their lawful representation to the competent state authority.

2. The head of the agency is responsible for exercising the right to petition through a representative. The head of the agency may delegate authority to a representative in accordance with the law to exercise the right to petition.

Organizations may exercise their right to petition through a representative who is the head of the organization as specified in the establishment decision or in the Charter of the organization. The head of the organization may delegate authority to a representative in accordance with the law to exercise the right to petition.

Article 3. In cases where the petitioner cannot file a petition within the prescribed time limit due to illness, natural disasters, enemy activities, official duties, distant study, or other objective obstacles, the period of such obstacles will not be counted towards the petition time limit; the petitioner must present a certificate from the People's Committee at the commune level, healthcare facility, or the agency or organization where the petitioner works regarding the objective obstacle to the competent authority handling the petition.

Article 4. During the process of filing a petition, the petitioner must still comply with the administrative decision being petitioned against, except in cases where the decision is temporarily suspended from enforcement according to Articles 35 and 42 of the Law on Petitioning and Complaints.

Article 5. When a state agency receives a petition letter, it shall handle it as follows:

1. For petition letters within its jurisdiction and meeting all conditions stipulated in Article 1 of this Decree, it must accept and resolve them; if the petition letter is signed by multiple people, it has the responsibility to guide the petitioners to write separate letters to exercise their right to petition.

2. For petition letters within its jurisdiction but lacking the necessary conditions to accept and resolve them as stipulated in Article 1 of this Decree, it must issue a written response informing the petitioner of the reasons for non-acceptance.

3. For petition letters containing both petition and complaint contents, the receiving agency shall handle the petition content according to Articles 1, 2, and 5 of this Decree, while the complaint content shall be handled according to Article 42 of this Decree.

4. For petition letters within the jurisdiction of a lower-level agency but unresolved beyond the prescribed time limit, the head of the higher-level state agency shall require the lower-level agency to resolve it, and simultaneously bear the responsibility to direct, inspect, and urge the resolution of the petition by the lower-level agency, and apply measures within its authority to deal with those who are negligent or intentionally delay the resolution of the petition. If measures exceeding its authority are required, it shall propose to the relevant state agency or person with authority for resolution.

5. For petition letters outside its jurisdiction or concerning matters already resolved by a final decision, the receiving agency does not have the responsibility to accept them but must provide guidance and respond in writing to the petitioner. Such guidance and response shall only be provided once for each petition matter; if the petitioner submits original documents related to the petition matter, the receiving agency shall return these documents to the petitioner.

Article 6. When a state agency receives a petition letter transferred by a National Assembly deputy, People's Council deputy, Vietnam Fatherland Front Committee, member organizations of the Fatherland Front, or news agencies, if it falls within its jurisdiction, it shall accept and resolve it and notify in writing the agency, organization, or individual that transferred the letter; if the petition letter is outside its jurisdiction, it shall return it and notify in writing the agency, organization, or individual that transferred the letter.

Article 7. State Audit Agencies, upon receipt of a petition letter within the jurisdiction of the head of the administrative state agency at the same level, shall examine and report to the head of the administrative state agency at the same level to decide whether to accept and resolve the petition.

PART 2

RESPONSIBILITIES OF THE HEAD OF THE ADMINISTRATIVE STATE AGENCY IN PETITION RESOLUTION

SETTLEMENT OF COMPLAINTS

Article 8.

1. During the petition resolution process, the first-time petitioner resolver must meet and dialogue directly with the petitioner, the respondent, and those with related rights and interests to clarify the petition content, the petitioner's demands, and the resolution direction; meetings and dialogues must be conducted openly and democratically; if deemed necessary, representatives of political-social organizations may be invited to participate.

For subsequent petition resolutions, direct meetings and dialogues shall only be conducted when deemed necessary. In cases involving complex, large-scale, intense, or prolonged petitions, subsequent petition resolvers must meet and dialogue directly with the petitioner, the respondent, and those with related rights and interests. Meetings and dialogues shall be conducted as in the initial stage.

The complainant may authorize their representative to participate in meetings and dialogues.

2. The authority handling the complaint shall have the responsibility to notify in writing the complainant, the respondent, the interested parties, and representatives of political-social organizations about the time, place, and content of the meeting and dialogue; those notified shall have the responsibility to attend at the specified time and place as stated in the notification.

3. During the meeting and dialogue, the authority handling the complaint must clearly state the issues for discussion, the results of verifying the content of the complaint; participants in the dialogue have the right to express opinions, present evidence related to the complaint and their own requests.

4. The meeting and dialogue must be recorded in a minutes document; the minutes must detail the opinions of the participants, summarize the outcomes of the discussed contents, and bear the signatures of the participants; if a participant does not sign to confirm, the reason must be clearly noted; this minutes document shall be kept in the complaint case file.

5. The outcome of the meeting and dialogue serves as one of the bases for resolving the complaint.

Article 9.

1. The Chairman of the People's Committee at the commune level shall be responsible for resolving complaints within their jurisdiction according to the procedures and formalities stipulated in the Law on Complaints and Petitions and the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Petitions.

2. Based on legal provisions, the results of meetings and dialogues, verification results, conclusions, and recommendations for resolving complaints, the Chairman of the People's Committee at the commune level shall issue a decision to resolve the complaint within the time limit prescribed in the Law on Complaints and Petitions.

3. The Chairman of the People's Committee at the commune level shall be responsible for sending the decision to resolve the complaint to the complainant, the respondent, the interested parties, and the People's Committee at the district level; when necessary, publicly announce the decision to resolve the complaint.

4. The Chairman of the People's Committee at the commune level shall be responsible for implementing and organizing the implementation of the effective legal decision to resolve the complaint within their scope of responsibility.

Article 10. The heads of agencies under the People's Committee at the district level, the heads of departments under the provincial People's Committee, the heads of ministries, the heads of agencies equivalent to ministries, and the heads of agencies under the Government shall be responsible for resolving complaints within their jurisdiction. Resolution shall be carried out according to the procedures and formalities stipulated in the Law on Complaints and Petitions, the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Petitions, and Article 9 of this Decree.

Article 11.

1. The Chairman of the People's Committee at the district level shall be responsible for resolving complaints within their jurisdiction according to the procedures and formalities stipulated in the Law on Complaints and Petitions and the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Petitions.

The Inspector General at the district level shall be responsible for verifying, concluding, and recommending the resolution of complaints within the jurisdiction of the Chairman of the People's Committee at the district level.

2. Based on legal provisions, the results of meetings and dialogues, verification results, conclusions, and recommendations for resolving complaints from the Inspector General at the district level, the Chairman of the People's Committee at the district level shall issue a decision to resolve the complaint within the time limit prescribed in the Law on Complaints and Petitions.

3. The Chairman of the People's Committee at the district level shall be responsible for sending the decision to resolve the complaint to the complainant, the respondent, the interested parties, and the People's Committee at the provincial level; when necessary, publicly announce the decision to resolve the complaint.

4. The Chairman of the People's Committee at the district level shall be responsible for implementing and organizing the implementation of the effective legal decision to resolve the complaint within their scope of responsibility; inspect and urge subordinate agencies and units to implement the effective legal decision to resolve the complaint.

Article 12.

1. The Director of Departments and equivalent positions under the People's Committee at the provincial level (referred to collectively as the Director of Departments) shall be responsible for resolving complaints within their jurisdiction according to the procedures and formalities stipulated in the Law on Complaints and Petitions and the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Petitions.

The Inspector General of the Department shall be responsible for verifying, concluding, and recommending the resolution of complaints within the jurisdiction of the Director of the Department.

2. Based on legal provisions, the results of meetings and dialogues, verification results, conclusions, and recommendations for resolving complaints from the Inspector General of the Department, the Director of the Department shall issue a decision to resolve the complaint within the time limit prescribed in the Law on Complaints and Petitions.

3. The Director of the Department shall be responsible for sending the decision to resolve the complaint to the complainant, the respondent, the interested parties, and the next authority with jurisdiction; when necessary, publicly announce the decision to resolve the complaint.

4. The Director of the Department shall be responsible for implementing and organizing the implementation of the effective legal decision to resolve the complaint within their scope of responsibility; inspect and urge subordinate agencies and units to implement the effective legal decision to resolve the complaint.

Article 13.

1. The Chairman of the People's Committee at the provincial level shall be responsible for resolving complaints within their jurisdiction according to the procedures and formalities stipulated in the Law on Complaints and Petitions and the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Petitions.

The Inspector General at the provincial level shall be responsible for verifying, concluding, and recommending the resolution of complaints within the jurisdiction of the Chairman of the People's Committee at the provincial level.

2. Based on legal provisions, the results of meetings and dialogues, verification results, conclusions, and recommendations for resolving complaints from the Inspector General at the provincial level, the Chairman of the People's Committee at the provincial level shall issue a decision to resolve the complaint within the time limit prescribed in the Law on Complaints and Petitions.

For complex cases, before issuing the final decision to resolve the complaint, the Chairman of the People's Committee at the provincial level must seek the opinion of the Ministry, agency equivalent to a ministry, or agency under the Government regarding matters related to the management functions of that ministry or sector; when seeking opinions, the specific content of the case and the matters requiring consultation must be clearly stated; the Ministry, agency equivalent to a ministry, or agency under the Government receiving the request for consultation shall have the responsibility to respond within 15 days from the date of receipt.

3. The Chairman of the provincial People's Committee shall be responsible for sending the decision on handling complaints to the complainant, the person complained against, and those with rights and interests related to the complaint; the Minister or Head of a ministerial-level agency with authority to handle subsequent complaints cases. If it is the final decision on handling complaints, send the decision on handling complaints to the Prime Minister, the General Inspector, and the Minister or Head of a ministerial-level agency managing state administration in the relevant sector or field. When necessary, publicly announce the decision on handling complaints.

4. The Chairman of the provincial People's Committee shall be responsible for implementing and organizing the implementation of decisions on handling complaints that have legal effect within their scope of responsibility; inspecting and urging subordinate agencies and units to implement decisions on handling complaints that have become legally effective.

Article 14.

1. The Minister or Head of a ministerial-level agency, the Head of an agency under the Government shall be responsible for handling complaints within their jurisdiction according to the procedures and formalities prescribed in the Law on Complaints and Petitions and the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Petitions.

The Chief Inspector of the Ministry shall be responsible for verifying, concluding, and recommending the handling of complaints within the jurisdiction of the Minister.

2. Based on the provisions of the law, the results of meetings and dialogues, the results of verification and investigation, conclusions, and recommendations on handling complaints, the Minister or Head of a ministerial-level agency, the Head of an agency under the Government shall issue a decision on handling complaints within the time limit prescribed in the Law on Complaints and Petitions.

For complex cases, before issuing the final decision on handling complaints, the Minister or Head of a ministerial-level agency must seek opinions from ministries, sectors, and provincial People's Committees regarding contents related to their functions of state management.

When seeking opinions, clearly specify the case content and the matters requiring opinions. The agency receiving the request for opinions shall be responsible for replying within fifteen days from the date of receipt of the request.

3. The Minister or Head of a ministerial-level agency, the Head of an agency under the Government shall be responsible for sending the decision on handling complaints to the complainant, the person complained against, and those with rights and interests related to the complaint. If it is the final decision on handling complaints, send the decision on handling complaints to the Prime Minister and the General Inspector. When necessary, publicly announce the decision on handling complaints.

4. The Minister or Head of a ministerial-level agency, the Head of an agency under the Government shall be responsible for implementing and organizing the implementation of decisions on handling complaints that have legal effect within their scope of responsibility; inspecting and urging agencies and units under their administrative management to implement decisions on handling complaints that have become legally effective.

Article 15. The General Inspector has the authority:

1. Handling complaints within jurisdiction according to the procedures and formalities prescribed in the Law on Complaints and Petitions and the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Petitions.

2. Assisting the Prime Minister in monitoring and urging ministries and ministerial-level agencies to handle complaints related to multiple localities and fields of state management.

3. Assisting the Prime Minister in reviewing the final decision on handling complaints issued by the Minister or Head of a ministerial-level agency, the Chairman of the provincial People's Committee; if violations of the law causing damage to the interests of the State, the lawful rights and interests of citizens, agencies, and organizations are discovered, recommend or require the person who issued the decision to review it again. If the recommendation or requirement is not implemented within thirty days, report to the Prime Minister for consideration and decision.

Article 16. The person handling complaints must issue a decision on handling complaints in accordance with the contents stipulated in Article 38 and Article 45 of the Law on Complaints and Petitions; do not use notifications, meeting minutes, or other forms of documents to replace the decision on handling complaints.

PART 3

IMPLEMENTATION OF DECISIONS ON HANDLING COMPLAINTS

Article 17. Decisions on handling complaints that have legal effect must be strictly complied with by individuals, agencies, and organizations; the person who issued the decision on handling complaints has the responsibility to urge, inspect, and apply necessary measures within their authority or request competent state agencies to apply necessary measures to ensure strict enforcement of the decision on handling complaints. In necessary cases, the person who issued the decision on handling complaints may request functional agencies to cooperate in organizing the enforcement of decisions on handling complaints that have legal effect.

Article 18. Based on the content of the decision on handling complaints by the competent authority, the Head of the state agency with administrative decisions or administrative acts subject to complaints shall be responsible for:

1. Issuing an administrative decision to replace or amend the administrative decision subject to complaints and organizing its implementation, terminating the administrative act subject to complaints if the complaint content is correct; compensating for losses, restoring lawful rights and interests for the person suffering losses in accordance with the law.

2. Explaining and requesting the complainant to strictly comply with the decision on handling complaints if the complaint content is incorrect; in necessary cases, requesting functional agencies to implement measures within their authority to ensure strict enforcement of decisions on handling complaints that have legal effect.

Article 19. The Head of the higher-level state agency shall be responsible for inspecting and urging the Head of the lower-level state agency with administrative decisions or administrative acts subject to complaints to fulfill the responsibilities stipulated in Article 18 of this Decree; if the person responsible does not strictly comply with the decision on handling complaints, apply measures within their authority to compel them to comply; handle or recommend the competent authority to handle the person who does not enforce decisions on handling complaints that have legal effect.

Article 20. The heads of relevant state agencies must implement the contents of the decision on handling complaints related to their responsibilities; cooperate with the head of the state agency specified in Article 18 and Article 19 of this Decree to organize the enforcement of the complaint resolution decision.

PART 4

REVIEW OF THE FINAL COMPLAINT RESOLUTION DECISION THAT VIOLATES THE LAW

Article 21.

1. The final complaint resolution decision must be strictly complied with by the complainant, the person complained against, citizens, agencies, and organizations that are related. The final complaint resolution decision can only be reviewed when one of the following grounds is discovered:

a) Discovering new circumstances that fundamentally change the content of the final complaint resolution decision;

b) The final complaint resolution decision does not align with the objective circumstances of the complaint case;

c) There is a serious violation of procedures and formalities in verifying, concluding, and issuing the final complaint resolution decision, causing damage to the interests of the State, rights, and legitimate interests of citizens and organizations;

d) There is a serious mistake in applying policies and laws during the complaint resolution process, causing damage to the interests of the State, rights, and legitimate interests of citizens and organizations;

đ) The final complaint resolution decision was issued beyond authority.

2. The person who issued the final complaint resolution decision has the responsibility to provide all information, documents, and case files when requested by the competent authority and must bear responsibility for the accuracy and truthfulness of the provided information, documents, and case files.

3. The time limit for requesting or proposing a review of the final complaint resolution decision that violates the law is 24 months from the date the decision becomes effective, except in cases where the Prime Minister requests a review of the final complaint resolution decision.

Article 22. When discovering any of the grounds stipulated in Clause 1 of Article 21 of this Decree, the person who issued the final complaint resolution decision has the responsibility to review the final complaint resolution decision.

Article 23.

1. When discovering signs of law violations in the final complaint resolution decision of the Minister, the head of an equivalent ministry, or the Chairman of the provincial People's Committee, the General Inspector shall request the person who issued the complaint resolution decision to report in writing the content of the case and send a copy of the complaint case file. If necessary, the General Inspector may organize an inspection of the complaint resolution process.

In cases where any of the grounds stipulated in Clause 1 of Article 21 of this Decree are present, the General Inspector shall issue a proposal to the Minister, the head of an equivalent ministry, or request the Chairman of the provincial People's Committee to review the complaint resolution process.

The proposal or request from the General Inspector to review the final complaint resolution decision is sent to the Prime Minister, the Minister, the head of an equivalent ministry responsible for managing the national administration in the relevant field of the complaint, the complainant, and the person complained against.

2. Upon receiving the proposal or request from the General Inspector, the Minister, the head of an equivalent ministry, or the Chairman of the provincial People's Committee must review the complaint case.

Within thirty days from the date of receipt of the proposal or request, the Minister, the head of an equivalent ministry, or the Chairman of the provincial People's Committee must report to the General Inspector on the implementation of the proposal or request. If the proposal or request is not implemented, the General Inspector will report to the Prime Minister for consideration and decision.

Article 24.

1. When discovering signs of law violations in the final complaint resolution decision of the Chairman of the provincial People's Committee within the management domain of a Ministry or sector, the Minister, or the head of an equivalent ministry shall request the person who issued the complaint resolution decision to report in writing the content of the case and send a copy of the complaint case file. If necessary, the Minister, or the head of an equivalent ministry may organize an inspection of the complaint resolution process.

In cases where any of the grounds stipulated in Clause 1 of Article 21 of this Decree are present, the Minister, or the head of an equivalent ministry shall issue a request to the Chairman of the provincial People's Committee to review the complaint resolution process.

The request to review the complaint resolution process from the Minister, or the head of an equivalent ministry is sent to the Prime Minister, the General Inspector, the complainant, and the person complained against.

2. Upon receiving the request from the Minister, or the head of an equivalent ministry, the Chairman of the provincial People's Committee must review the complaint case.

Within thirty days from the date of receipt of the request, the Chairman of the provincial People's Committee must report to the Minister, or the head of an equivalent ministry on the implementation of the request. If the request is not implemented, the Minister, or the head of an equivalent ministry will report to the Prime Minister for consideration and decision.

Article 25. After reviewing the final complaint resolution decision, the Minister, the head of an equivalent ministry, or the Chairman of the provincial People's Committee, if they find any of the grounds stipulated in Clause 1 of Article 21 of this Decree, must issue a decision to amend, supplement, or replace the final complaint resolution decision that violates the law.

If the final complaint resolution decision is maintained, the Minister, the head of an equivalent ministry, or the Chairman of the provincial People's Committee must report in writing to the person who made the request or proposal about the legal basis for maintaining the final complaint resolution decision and provide a written response to the complainant.

Article 26. During the review of the final complaint resolution decision, if it is determined that the enforcement of the final complaint resolution decision will cause irreparable consequences, the General Inspector, the Minister, or the head of an equivalent ministry has the right to request a temporary suspension of its enforcement.

Chapter II

COMPLAINTS AND HANDLING OF COMPLAINTS REGARDING DISCIPLINARY DECISIONS FOR CIVIL SERVANTS IN STATE ADMINISTRATIVE ORGANIZATIONS

PART 1

AUTHORITY TO SETTLE COMPLAINTS AGAINST DISCIPLINARY DECISIONS

Article 27. Complaints against disciplinary decisions made by the head of which agency shall be settled by that head; if there are further complaints, the head of the immediately superior agency shall be responsible for settling them.

Article 28.

1. The Chairman of the People's Committee at the district level and the Director of Departments have the authority to settle complaints against disciplinary decisions issued by themselves.

2. The Chairman of the People's Committee at the provincial level has the authority:

a) To resolve complaints against disciplinary decisions issued by himself;

b) To settle complaints against disciplinary decisions that the Chairman of the People's Committee at the district level or the Director of Departments have initially settled but still have complaints. This decision on complaint settlement is final.

Article 29. The Minister, the head of an agency equivalent to a Ministry, and the head of an agency under the Government have the authority:

1. To settle complaints against disciplinary decisions issued by themselves.

2. To settle complaints against disciplinary decisions that the heads of agencies under Ministries, agencies equivalent to Ministries, and agencies under the Government have initially settled but still have complaints. This decision on complaint settlement is final.

Article 30. The Minister of Home Affairs has the authority:

1. To settle complaints against disciplinary decisions issued by themselves.

2. To settle complaints against disciplinary decisions that the Minister, the head of an agency equivalent to a Ministry, the head of an agency under the Government, and the Chairman of the People's Committee at the provincial level have initially settled but still have complaints. This decision on complaint settlement is final.

Article 31. The head of a state agency is responsible for settling complaints against disciplinary decisions within their jurisdiction; when necessary, they may assign the personnel management department or the inspection agency at the same level to verify, conclude, and recommend the resolution.

PART 2

PROCEDURES FOR SETTLING COMPLAINTS AGAINST DISCIPLINARY DECISIONS

Article 32. The person who issued the disciplinary decision upon receiving a complaint against that decision must examine and issue a written decision on complaint settlement according to the procedures stipulated in the Law on Complaints and Petitions and the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Petitions.

Article 33. In cases where a civil servant disagrees with the initial decision on complaint settlement and continues to complain, the next authority responsible for settling the complaint must examine and issue a written decision on complaint settlement according to Article 53 of the Law on Complaints and Petitions.

Article 34. A civil servant holding a position from Deputy Department Head or lower who is disciplined with dismissal, after complaining and the initial authority responsible for complaint settlement maintains the original form of discipline, within thirty days from the date of receipt of the decision on complaint settlement, has the right to file a complaint with the next authority responsible for settling the complaint or initiate an administrative lawsuit at the Court according to the provisions of the law.

Article 35. The Minister of Home Affairs, based on the provisions of the Law on Complaints and Petitions, the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Petitions, and this Decree, and the regulations on cadres and civil servants, shall provide detailed guidance on settling complaints against disciplinary decisions of civil servants in administrative state agencies.

Chapter III

PETITION AND SETTLEMENT OF PETITIONS

PART 1

AUTHORITY TO SETTLE PETITIONS

Article 36. An agency is responsible for settling petitions regarding violations of the law by persons under its management.

An agency is responsible for settling petitions regarding violations of duties and public service regulations by persons under its management.

The head of an agency is responsible for settling petitions regarding violations of duties and public service regulations by the head, deputy head, or other persons directly managed by the head of the agency.

Article 37. An agency is responsible for settling petitions regarding violations of the law related to its state management functions. Criminal offenses are resolved by judicial agencies according to criminal procedure laws.

Article 38.

1. The Chairman of the People's Committee at the commune level has the authority to settle petitions regarding violations of the law by persons directly managed by him/her.

2. The Chairman of the People's Committee at the district level has the authority to settle petitions regarding violations of the law by the Chairman, Vice-Chairman of the People's Committee at the commune level, Heads, Deputy Heads of Departments, and other persons directly appointed and managed by him/her.

3. The Director of Departments has the authority to settle petitions regarding violations of the law by Heads, Deputy Heads of Departments, and other persons directly appointed and managed by him/her.

4. The Chairman of the People's Committee at the provincial level has the authority to settle petitions regarding violations of the law by the Chairman, Vice-Chairman of the People's Committee at the district level, Directors, Deputy Directors of Departments, and other persons directly appointed and managed by him/her.

5. The Minister, the head of an agency equivalent to a Ministry, and the head of an agency under the Government have the authority to settle petitions regarding violations of the law by the head, deputy head, or other persons directly appointed and managed by the head of agencies, units under Ministries, agencies equivalent to Ministries, and agencies under the Government.

6. The Prime Minister has the authority to settle petitions regarding violations of the law by Ministers, Deputy Ministers, heads, deputy heads of agencies equivalent to Ministries, heads, deputy heads of agencies under the Government, Chairmen, Vice-Chairmen of the People's Committees at the provincial level, and other persons directly appointed and managed by him/her.

Article 39.

1. The Inspector General at the district level has the authority:

a) To verify, conclude the content of the petition, and propose measures to handle the petition within the jurisdiction of the Chairman of the People's Committee at the district level when assigned;

b) To review, conclude the content of the petition that the Chairman of the People's Committee at the commune level has settled but there are violations of the law; in case the conclusion of the settlement has violated the law, to recommend the person who settled it to reconsider and resolve again.

2. The Inspector General of Departments has the authority:

a) To verify, conclude the content of the petition, and propose measures to handle the petition within the jurisdiction of the Director of Departments when assigned;

b) Review and conclude on the content of the complaint that the head of the agency under the Department has resolved but there is a violation of the law; in case the conclusion is that the resolution involves a violation of the law, recommend the person who resolved it to review and resolve again.

3. The Inspector General of the provincial level has the authority:

a) To verify and conclude on the content of the complaint, propose measures to handle the complaint within the jurisdiction of the Chairman of the People's Committee at the provincial level when assigned;

b) To review and conclude on the content of the complaint that the Chairman of the People's Committee at the district level, the Director of the Department have resolved but there is a violation of the law; in case the conclusion is that the resolution involves a violation of the law, recommend the person who resolved it to review and resolve again.

4. The Inspector General of the Ministry, agency equivalent to a ministry, government agency has the authority:

a) To review and conclude on the content of the complaint, propose measures to handle the complaint within the jurisdiction of the Minister, Head of the agency equivalent to a ministry, Head of the government agency when assigned;

b) To review and conclude on the content of the complaint that the Head of the agency under the Ministry, under the agency equivalent to a ministry, under the government agency have resolved but there is a violation of the law; in case the conclusion is that the resolution involves a violation of the law, recommend the person who resolved it to review and resolve again.

Article 40. The General Inspector has the authority:

1. Verify and conclude on the content of the complaint, propose measures to handle the complaint within the jurisdiction of the Prime Minister when assigned.

2. Review and conclude on the content of the complaint that the Minister, Head of the agency equivalent to a ministry, Head of the government agency, Chairman of the People's Committee at the provincial level have resolved but there is a violation of the law; in case the conclusion is that the resolution involves a violation of the law, recommend the person who resolved it to review and resolve again.

Article 41. Within thirty days from the date of receipt of the recommendation of the inspection agency as stipulated in point b of clauses 1, 2, 3, 4 Article 39 and clause 2 Article 40 of this Decree, the Head of the state administrative agency which resolved the complaint shall be responsible for implementing and notifying the result to the inspection agency that made the recommendation.

PART 2

PROCEDURE FOR HANDLING COMPLAINTS

Article 42.

1. The state administrative agency receiving the complaint has the responsibility to classify and process as follows:

a) If the complaint falls within its jurisdiction, it must accept and resolve according to the prescribed procedures and regulations of the Law on Petitions and Complaints and this Decree;

b) If the complaint does not fall within its jurisdiction, it must transfer the complaint letter or record of the complaint and related evidence (if any) to the competent authority to resolve within ten days from the date of receipt;

c) Not consider or resolve anonymous complaints, false-name complaints, complaints without a clear address or direct signature but with a copied signature, or complaints that have been resolved by a competent authority and are now being complained about again without new evidence;

d) If the complaint concerns a criminal act, it must be transferred to the investigation agency or the Prosecution Office for handling according to Article 71 of the Law on Petitions and Complaints.

2. In cases where the complained act causes serious damage or threatens to cause serious damage to the interests of the State, collective bodies, or the lives and property of citizens, the agency receiving the complaint must immediately report to the relevant agencies to take preventive measures.

3. In cases where the Heads of state administrative agencies at all levels and sectors receive information that the complainant is threatened, persecuted, or retaliated against, they must take responsibility to direct or coordinate with relevant agencies to clarify the situation, protect the complainant, prevent retaliation, and refer the matter to the competent authority for legal action against those threatening, persecuting, or retaliating against the complainant.

Article 43. In cases where the complainant makes a direct presentation, the recipient must clearly record the content of the complaint, the name and address of the complainant; if necessary, record the voice of the complaint. The recorded content of the complaint must be read back to the complainant, heard by the complainant, and signed for confirmation. Handling direct complaints is carried out as specified in Article 42 of this Decree for handling complaint letters.

Article 44. When receiving information or materials provided by the complainant, the accused, organizations, or individuals, the person handling the complaint must issue a receipt, signed by both the recipient and the provider.

Article 45. The person authorized to handle the complaint or the Head of the agency tasked with verification must issue a decision regarding the conduct of inspections and verifications of the complaint content; the decision must specify the person tasked with verification, the content to be verified, the time frame for verification, and the rights and responsibilities of the person tasked with verification.

Article 46. During the handling of complaints, the person tasked with verification must create conditions for the accused to explain, present evidence to prove the correctness or incorrectness of the complaint content.

Article 47. Collecting evidence during the verification and handling of complaints must be documented in writing and kept in the complaint resolution file.

After completing the verification, the person tasked with verification must issue a written conclusion on the complaint content and provide evidence to support their conclusion.

Article 48. Based on the results of the verification and conclusions on the complaint content, the person handling the complaint proceeds to handle as follows:

1. In cases where the accused has not violated the law or the rules governing duties and public service, a clear conclusion must be issued and notified in writing to the accused and the management agency of the accused, while also handling or recommending the competent state agency to handle the person who maliciously filed a false complaint.

2. In cases where the accused has violated the law or the rules governing duties and public service, disciplinary action or administrative penalties must be taken according to their authority or recommended to the competent state agency for handling, while also applying legal measures to ensure strict compliance with the decision or recommendation.

3. In cases where the complained act indicates a criminal offense, the case file must be transferred to the investigation agency or the Prosecution Office for handling according to the Criminal Procedure Law.

Article 49. The person handling the complaint must send the conclusion document on the complaint case and the decision on handling the complaint to the Inspection Agency and the higher state agency directly supervising them; notify the complainant of the resolution results if they request it, except for contents listed in the State secrets directory.

Chapter IV

3. The responsibilities of those receiving citizens shall be implemented in accordance with Article 8 of the Law on Receiving Citizens.

Article 50. Receiving citizens' complaints, denunciations, and submission of complaints and denunciations shall be conducted at the reception venue.

The head of a state agency must organize and manage the reception venue of their agency; issue internal regulations for citizen reception; arrange the reception venue at a convenient location; ensure necessary material conditions for citizens to present complaints, denunciations, suggestions, and reflections.

At the reception venue, the schedule for receiving citizens and the internal regulations for citizen reception must be posted. The schedule for receiving citizens must specify the time and position of the person receiving citizens. The internal regulations for citizen reception must clearly state the responsibilities of the person receiving citizens, the rights and obligations of those presenting complaints and denunciations.

Article 51.

1. The head of a state agency has the responsibility to regularly receive citizens according to the provisions of Article 76 of the Law on Complaints and Denunciations; the schedule for receiving citizens must be publicly announced so that citizens are aware of it.

2. In addition to regular receptions, the head of a state agency must receive citizens when there is an urgent request.

3. For complaints within their jurisdiction where the case is clear, specific, and has a basis for resolution, the head of a state agency must immediately inform the citizen of the result during the reception; if the case is complex and requires further study and consideration, they must specify the timeframe for resolution and the person to contact for the resolution outcome.

The reception of citizens by the head of a state agency must be recorded in the citizen reception logbook and kept at the reception venue.

Article 52. The person receiving citizens must have a logbook to record and monitor the reception of citizens; they must require citizens presenting complaints and denunciations to produce identification documents, truthfully describe the matter, and provide relevant materials related to the content of the complaints and denunciations; in cases where multiple people come to present complaints and denunciations about the same content, they must ask them to elect a representative to directly present the content of the matter.

Article 53. Handling complaints and denunciations at the reception venue shall be carried out as follows:

1. For complaint letters, they shall be handled according to the provisions of Clause 5 of this Decree; in cases where citizens directly present complaints within the jurisdiction of their own agency, the person receiving citizens shall guide them to write a formal letter or record the content of the complaint and require them to sign or affix their fingerprint; if the complaint does not fall within the jurisdiction of their own agency, they shall guide the citizen to submit the complaint to the competent authority.

2. For denunciations, the person receiving citizens must accept, classify, and handle them according to the provisions of Articles 42, 43, and 44 of this Decree.

Article 54. National Inspection Agencies, agencies such as Public Security, Defense, Commerce, Planning and Investment, Construction, Finance, Labor - War Invalids and Social Affairs, Home Affairs, Transportation, Health, Education and Training, Agriculture and Rural Development, Natural Resources and Environment at central and provincial levels have the responsibility to organize regular citizen receptions.

Other state agencies shall arrange time for citizen receptions based on the provisions of the Law on Complaints and Denunciations, the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Denunciations, this Decree, and the situation of complaints and denunciations related to their managed sectors and fields.

Article 55.

1. The organization of citizen receptions by the Central Party and State at the reception venues in Hanoi and Ho Chi Minh City shall implement the Citizen Reception Regulation issued together with Decision No. 89/CP dated August 7, 1997 of the Government.

2. The Chairman of the People's Committee at the provincial level shall arrange a common location for the People's Council, People's Committee, Delegation of National Assembly Members, representatives of political organizations to receive citizens who present complaints and denunciations; appoint a civil servant holding the position of Deputy Director of the Office or equivalent to be responsible for the reception venue to organize regular citizen reception activities.

Article 56. For those who present complaints and denunciations with acts causing disorder, affecting public security and order, impacting the normal operation of state agencies or individuals responsible, or other acts violating laws on complaints and denunciations, the head of the state agency or the person in charge of the reception venue shall request the local police force to take measures to handle them according to the law.

Article 57. The head of a state agency has the responsibility to closely coordinate with the head of the Public Security agency in ensuring order and safety at the reception venue.

The People's Committee at the commune level and Public Security agencies in localities have the responsibility to ensure the safety of the reception venues of agencies under their management; in necessary cases, they may apply measures within their authority to handle those who abuse complaints and denunciations and commit violations at the reception venue.

The Minister of Public Security shall direct the police forces to cooperate with state agencies in protecting order and safety at reception venues and handling violators at these venues.

Chapter V

STATE MANAGEMENT OF COMPLAINT AND DENUNCIATION RESOLUTION WORK

Article 58. The Government Inspectorate is responsible before the Government for implementing state management over complaint and denunciation resolution work within the scope of the Government's authority. The content of state management over complaint and denunciation resolution work includes:

1. Drafting for the Government to submit to the National Assembly and the Standing Committee of the National Assembly for promulgation of legal documents on complaints and denunciations; submitting to the Government for issuance of guiding documents for implementation of laws on complaints and denunciations.

2. Propagating and disseminating laws on complaints and denunciations.

3. Issuing guiding documents within their authority for ministries, ministerial-level agencies, government agencies, provincial-level People's Committees, central and local state inspection agencies, and relevant sectors on complaint and denunciation resolution work.

4. Inspecting and supervising all levels and sectors in the implementation of laws on complaints and denunciations.

5. Implementing complaint and denunciation resolution work within their authority.

6. Training and enhancing officials and civil servants involved in citizen reception work, complaint resolution, and denunciation handling.

7. Summarizing the situation of complaints and denunciations, the handling of such complaints and denunciations, and reporting to the Government periodically or urgently.

8. Summarizing experiences related to complaint and denunciation handling work.

Article 59. Ministries, ministerial-level agencies, government-affiliated agencies, and all levels of People's Committees shall manage state administrative affairs concerning complaint and denunciation handling within their jurisdiction; guide, urge, and inspect subordinate agencies and organizations in implementing laws on complaints and denunciations; report periodically on complaint and denunciation handling work as stipulated in Article 60 of this Decree.

Article 60. The Chairpersons of all levels of People's Committees, within their functions, tasks, and authorities, are responsible for coordinating with the People's Procuracy and local courts in complaint and denunciation handling work; creating conditions for National Assembly agencies, People's Councils, National Assembly deputies, Delegations of National Assembly deputies, People's Council deputies, the Vietnam Fatherland Front Committee at the same level, member organizations of the Fatherland Front, and people's inspection organizations to supervise the implementation of laws on complaints and denunciations at the local level; reporting periodically on complaint and denunciation handling work to the same level People's Council, administrative state agencies, and higher-level state inspection agencies, while simultaneously informing the Vietnam Fatherland Front Committee at the same level.

Article 61.

1. Every three months, no later than the 15th day of the last month of each quarter, the Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees shall report to the Prime Minister through the State Auditor General on complaint and denunciation handling work within their ministries, sectors, and localities.

2. The State Auditor General shall compile the situation of complaint and denunciation handling within the Government's jurisdiction and report periodically at regular meetings of the Government in the first month of each quarter or report urgently when requested by the Prime Minister; report periodically to the Central Committee of the Vietnam Fatherland Front on complaint and denunciation handling work.

3. In cases deemed necessary, the State Auditor General may propose the Prime Minister convene leaders from central and local agencies to meet and propose measures for the Prime Minister to consider and direct the handling of complex complaint and denunciation cases involving multiple sectors and localities.

Article 62. State Inspectors at all levels and sectors have the responsibility to:

1. Guide agencies, organizations, and units at the same level in citizen reception, processing complaint letters, handling complaints and denunciations, implementing decisions on complaint resolution, and decisions on denunciation handling.

2. Inspect and audit the responsibility of lower-level agency, organization, and unit heads under the same-level head in citizen reception and complaint and denunciation handling; if necessary, propose the same-level head to convene a meeting of lower-level agency, organization, and unit heads to propose measures to organize and direct the handling of complex complaint and denunciation cases.

3. When discovering violations of laws on complaints and denunciations, handle them according to their authority or recommend the competent authority to handle them.

4. Propose measures to improve complaint and denunciation handling work within the jurisdiction of the same-level head.

5. Compile the situation of complaints and denunciations and the handling of complaints and denunciations within the responsibility of the same-level head; implement monthly reporting systems as prescribed by the State Auditor General.

Chapter VI

VIOLATION OF LAWS ON COMPLAINTS AND DENUNCIATIONS

Article 63. Responsibilities of the Ministry of Science and Technology Agencies, organizations, and individuals who achieve notable results in complaint and denunciation handling, or informers who prevent damage to the State, organizations, or individuals, shall be rewarded according to State regulations.

Article 64. The head of a state agency, within their functions, tasks, and authorities, has the responsibility to:

1. Issue a decision temporarily suspending the execution of a decision resolving a complaint or a decision handling a denunciation made by a lower-level agency head upon discovering a violation of the law in the handling process.

2. Issue a decision temporarily suspending the work of a civil servant under their management who intentionally obstructs or fails to comply with a decision resolving a complaint or a decision handling a denunciation, or fails to comply with the requirements of state inspection agencies or higher-level state agencies in complaint and denunciation handling; apply other measures to deal with individuals who commit any of the acts stipulated in Articles 96, 97, and 100 of the Law on Complaints and Denunciations.

Article 65. Officials and civil servants who commit any of the acts stipulated in Articles 96, 97, 98, 99, and 100 of the Law on Complaints and Denunciations, causing serious consequences, shall be criminally prosecuted; if not reaching the level of criminal prosecution, they shall be disciplined according to one of the following forms based on the nature and degree of the violation:

1. Reprimand.

2. Warning.

3. Reduction in pay grade.

4. Demotion in rank.

5. Dismissal from position.

6. Compulsory resignation.

Article 66. Officials and civil servants who cause losses due to violations of laws on complaints and denunciations must compensate; compensation shall be carried out according to the provisions of the law on compensation for damages.

Article 67.

1. If a state agency head is negligent and repeatedly allows violations of laws on complaints and denunciations to occur in the agencies under their management, they shall be disciplined; if causing serious consequences, they shall be criminally prosecuted.

2. If a state agency head is negligent and fails to take necessary measures to implement decisions resolving complaints or decisions handling denunciations, they shall be disciplined; if causing serious consequences, they shall be criminally prosecuted.

Article 68. Any individual who commits any of the acts stipulated in Article 100 of the Law on Complaints and Denunciations, but not reaching the level of criminal offense, shall be warned or fined or dealt with by another form according to the provisions of the law on administrative violation handling.

The citizen reception officer and the complaint and denunciation resolution officer have the right to prepare minutes and request the competent authority to impose administrative penalties on individuals who violate laws related to complaints and denunciations. The Chairman of the People's Committee and the local police agency shall handle according to their authority and notify the results to the requesting party within fifteen days from the date of receipt of the request based on the minutes and requests of the citizen reception officer and the complaint and denunciation resolution officer.

Chapter VII

IMPLEMENTING PROVISIONS

Article 69. Complaints and their resolution by individuals, agencies, and organizations from foreign countries, and denunciations and their resolution by foreign individuals residing, studying, or working in Vietnam shall be governed by the provisions of the Law on Complaints and Denunciations; the Law Amending and Supplementing Certain Provisions of the Law on Complaints and Denunciations, and this Decree.

Article 70. Administrative decisions in directive and management activities of superiors towards subordinates according to the administrative hierarchy shall not be resolved in accordance with the provisions of this Decree.

Article 71. Complaints being examined and resolved before October 1, 2004, which have not yet received a final decision, shall continue to be processed in accordance with the provisions of the Law on Complaints and Denunciations and this Decree.

Article 72. This Decree shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Decree No. 67/1999/NĐ-CP dated August 7, 1999 of the Government detailing and guiding the implementation of the Law on Complaints and Denunciations, and Decree No. 62/2002/NĐ-CP dated June 14, 2002 of the Government amending and supplementing certain articles of Decree No. 67/1999/NĐ-CP dated August 7, 1999 detailing and guiding the implementation of the Law on Complaints and Denunciations.

All previous regulations contrary to this Decree are hereby abolished.

Article 73. The General Inspector shall be responsible for guiding the implementation of this Decree. The Minister, the head of a ministerial-level agency, the head of an agency under the Government, and the Chairman of the People's Committee of a provincial-level city directly under the Central Government shall be responsible for organizing the implementation of this Decree.

The Minister of National Defense and the Minister of Public Security shall, after reaching consensus with the General Inspector, provide detailed guidance on the resolution of complaints and denunciations in the military and public security forces in accordance with the provisions of this Decree./.