Circular No. 53/2015/TT-BLDTBXH guiding the procedures for receiving citizens and handling complaints and reports within the scope of state management of the Labor - Invalids and Social Affairs sector.

CIRCULAR

Guidelines on the procedure for receiving citizens and handling complaints within the management domain
State of the sector Llabor - Twar invalids and Xsocial affairsi

_____________________ 

Pursuant to the Law on Receiving Citizens dated November 25, 2013;

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

Căn cứ Luật TNo. dated November 11, 2011;

Based on Decree No. 76/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions of the Law on Receiving Citizens;No. Article of the Law on Complaints;

Based on Decree No. 76/2012/NĐ-CP dated October 3, 2012 of the Government detailing some provisions;No. Pursuant to Decree No. 48/2022/NĐ-CP dated July 26, 2022 on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;No. complaint;

Pursuant to the Decree No. 64/2014/NĐ-CP dated June 26, 2014 of the Government detailing some provisions for implementation;No. Pursuant to Decree No. 31/2019/NĐ-CP dated April 10, 2019 of the Government detailing certain provisions of the Law on Complaints;

Pursuant to the Decree No. 119/2014/NĐ-CP dated December 17, 2014 of the Government detailing some provisions;No. Article of the Labor Code, the Vocational Training Law, the Law on Vietnamese Workers Going Abroad under Contracts regarding complaints,No. complaint;

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, War Invalids and Social AffairsiPursuant to the request of the Director General of the Department of Vocational Education;

At the proposal of the Office of the Ministry of Public Security;June 2024;a) The Ministry of Information and Communications;

The Minister of Labor, Invalids and Social Affairs issues this Circular stipulating the adjustment rate for monthly salary and income already paid for social insurance;iThe Minister of Labor, War Invalids and Social Affairs issues this Circular guiding the procedure for receiving citizens and handling complaints, denunciations, suggestions, reflections, inquiries about policies within the domains: persons with meritorious service; labor; wages; employment; occupational safety; social insurance; overseas labor management; vocational education; social assistance; child protection and care; gender equality; prevention and control of social evils at agencies and units under the Ministry of Labor, War Invalids and Social Affairs.intention This Circular applies to agencies and units, heads of agencies and units, officials, civil servants, and employees under the Ministry of Labor, War Invalids and Social Affairs, and related agencies, organizations, and individuals.intention Agencies and units under the Ministry of Labor, War Invalids and Social Affairs include: the Ministry of Labor, War Invalids and Social Affairs; Departments and General Departments under the Ministry of Labor, War Invalids and Social Affairs; Provincial Departments of Labor, War Invalids and Social Affairs under centrally governed cities and provinces.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. Conditions for Ensuring Citizen Reception Activities and Responsibilities of Citizen Reception

Article 2. Applicability

AND RESPONSIBILITIES OF CITIZEN RECEPTION

Article 3. Conditions for Ensuring Citizen Reception Activities

Chapter II

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

Section 1

1. Location for Receiving Citizens
a) The Ministry of Labor, War Invalids and Social Affairs has a Citizen Reception Room at its headquarters located at No. 02 Dinh Le Street, Trang Tien Ward, Hoan Kiem District, Hanoi City.

b) Departments and General Departments with separate headquarters have a Citizen Reception Room at their respective headquarters.

c) Public Service Units under the Ministry that are involved in resolving benefits and policies for citizens and organizations must have a dedicated Citizen Reception Room at their headquarters.

d) Provincial Departments of Labor, War Invalids and Social Affairs under centrally governed cities and provinces have a Citizen Reception Room at their headquarters.

2. Conditions and Material Facilities for Citizen Reception Work

a) The location for receiving citizens must be arranged in a convenient position, ensuring accessibility for people with disabilities and necessary material conditions to facilitate citizens when presenting complaints, denunciations, suggestions, reflections, and inquiries about policies.

The location for receiving citizens must be clean, well-maintained, marked with a sign "Citizen Reception Room," and display schedules and regulations for citizen reception.

b) Material facilities at the location for receiving citizens under the Ministry of Labor, War Invalids and Social Affairs are managed by the Ministry's Inspectorate. Funding for procurement and repair is guaranteed from the state budget allocated annually to the Ministry's Inspectorate.

c) Material facilities at the location for receiving citizens under Departments, General Departments, and public service units under the Ministry are ensured by the heads of these units.

d) Material facilities at the location for receiving citizens under Provincial Departments of Labor, War Invalids and Social Affairs are decided by the Department Directors.

3. Arrangement of Citizen Reception Staff

a) The Citizen Reception Rooms of the Ministry and Provincial Departments must have regular staff for citizen reception and organize for the heads of agencies to receive citizens regularly as prescribed by law.

b) The locations for receiving citizens under Departments, General Departments, and public service units must arrange staff for citizen reception based on actual needs.

c) Policies and benefits for citizen reception staff are implemented according to Article 34 of the Law on Citizen Reception and Articles 19, 20, 21, and 22 of the Decree No. 64/2014/NĐ-CP dated June 26, 2014 of the Government detailing some provisions of the Law on Citizen Reception.

a) The public reception offices of the Ministry and Departments must have permanent civil servants for public reception and organize for the heads of agencies to regularly receive citizens as prescribed by law.

b) The locations for public reception of Bureaus, General Departments, and public service units shall be arranged with civil servants for public reception according to actual needs.

c) Policies and regulations for public reception officers shall be implemented in accordance with Article 34 of the Public Reception Law and Articles 19, 20, 21, and 22 of Decree No. 64/2014/NĐ-CP dated June 26, 2014 of the Government detailing the implementation of certain provisions of the Public Reception Law.

Article 4. Responsibilities of Heads of Agencies in Receiving Citizens

1. Ministers, Department Directors, Leaders of Bureaus, General Departments, and Public Service Units shall directly receive citizens at least once a month at their agency's reception venue and handle unexpected citizen receptions as prescribed by the Law on Citizen Reception.

The Minister shall receive citizens on the 20th of each month. If the 20th falls on a holiday, the reception shall be conducted on the first working day thereafter.

Department Directors, Bureau Leaders, General Department Leaders, and Public Service Unit Leaders shall conduct citizen receptions according to schedules.

2. Responsibilities of the State Inspectorate at the same level and related agencies and units in assisting Heads of Agencies in receiving citizens:

a) Assigning competent staff with professional expertise and moral integrity to be on duty for citizen reception at the Citizen Reception Room;

b) Preparing full information and documents related to the complaint or accusation content for the Head of the Agency to receive citizens;

c) Dispatching staff to record the content of citizen reception and receive information and documents provided by citizens;

d) Dispatching leaders of relevant specialized agencies and units to accompany the Head of the Agency in citizen reception to fulfill tasks assigned by the Head;

đ) Ensuring safety and order during the Head of the Agency's citizen reception;

e) After concluding the citizen reception, the relevant specialized agency and unit shall assist the Head in preparing responses to citizens;

In cases where the matter involves multiple levels and sectors, the State Inspectorate at the same level shall coordinate with relevant agencies, units, and individuals with authority to assist the Head in preparing responses to citizens.

Section 2

PROCEDURE FOR CITIZEN RECEPTION

Article 5. Determination of Identity of Citizens

1. When receiving citizens, the person receiving citizens shall request them to introduce their name, address, and present identity cards, letters of introduction, power of attorney, lawyer's card, or other relevant documents (if available) to confirm that they are the ones personally making complaints, accusations, suggestions, reflections, inquiries about policies, or representatives or authorized persons under the law.

2. If the citizen or authorized person, legal representative for an individual or organization does not violate Article 9 of the Law on Citizen Reception, the person receiving citizens shall proceed with the citizen reception.

If the citizen or authorized person, legal representative for an individual or organization violates Article 9 of the Law on Citizen Reception, the person receiving citizens shall refuse to receive the citizen but must clearly explain the reason for refusal to the citizen.

3. If the citizen does not have a valid power of attorney or the authorization does not comply with points a and b, Clause 1, Article 12 of the Law on Complaints, the person receiving citizens shall not accept the case file and must clearly explain the reason and guide the citizen to complete necessary procedures to make a complaint in accordance with regulations.

4. During the process of receiving citizens to report accusations, the person receiving citizens must keep confidential the name, address, signature of the accuser; not disclose harmful information to the accuser; apply necessary measures to ensure that the accuser is not threatened, persecuted, or retaliated against.

If a citizen comes to report an accusation without presenting an identity card, the person receiving citizens shall refuse to receive them, except in urgent cases.

Article 6. Listening and Recording the Content Presented by Citizens

1. When citizens present their statements with a clear and complete petition as prescribed, the person receiving the citizen shall accept the information, documents, and evidence attached, and must clearly determine the content of the case and the citizen's request for handling.

If the content of the petition is unclear or incomplete, the person receiving the citizen shall ask the citizen to rewrite the petition or supplement the missing or unclear contents in the petition.

2. In cases where citizens present one of the contents of complaints, reports, proposals, reflections without a petition, the person receiving the citizen shall guide the citizen to write a petition.

If the citizen cannot write the petition themselves, the person receiving the citizen shall record fully, truthfully, and accurately the content presented by the citizen; for any unclear content, they shall ask the citizen to provide additional details, then read it back to the citizen and ask them to sign or affix their fingerprint.

3. In cases where citizens present both complaint and report or proposal and reflection contents, the person receiving the citizen shall guide the citizen to write separate petitions for complaints, reports, proposals, or reflections to be handled by the competent authority according to the law.

Article 7. Determining the Content of the Case and the Citizen's Request

After listening to the citizen's presentation and preliminarily studying the content, related information, and documents provided by the citizen, the person receiving the citizen must determine the following contents:

1. The location and time when the incident occurred;

2. The content of the complaint, report, proposal, reflection, or inquiry about policies regarding which issue, field, and under the jurisdiction of which agency;

3. The individual, agency, or organization being complained against, reported, proposed, or reflected upon;

4. The process of examination and resolution: at which level the case has been resolved; the resolution result; the form of the resolution document issued by the competent authority;

5. The citizen's request; agreement or disagreement with the resolution of the competent authority that has resolved the matter; reasons for further complaints or reports (if any) and new evidence provided by the complainant;

6. In cases where the citizen asks about policies within a specific field, the person receiving the citizen shall identify the agency responsible for answering and guiding the citizen accordingly.

Article 8. Determining the Competent Authority for Resolution and Handling the Content of the Citizen's Petition

1. Based on the content presented by the citizen as complaints, reports, proposals, reflections, or inquiries about policies, the person receiving the citizen shall determine the jurisdiction of individuals, agencies, or units to resolve the matter.

The determination of the jurisdiction for resolving complaints and reports in the fields of labor, persons with meritorious service, and society shall be carried out according to the provisions of Articles 12, 17, and 18 of this Circular.

2. Handling matters within the jurisdiction

a) In cases where citizens come to lodge complaints, the content falls within the jurisdiction of the Head of the Agency and does not fall under any of the circumstances stipulated in Article 11 of the Law on Complaints, the person receiving the citizen must carry out procedures to accept the complaint petition and the accompanying information and documents provided by the complainant, transfer them to the department handling the petition to report to the Head of the Agency within the time limit prescribed by law.

If the complaint falls within the jurisdiction but lacks the necessary conditions to initiate resolution as prescribed, the person receiving the citizen shall base on each specific case to respond or guide the complainant to supplement the necessary procedures to proceed with the complaint.

b) In cases where citizens come to report, the content falls within the jurisdiction of the agency or the authority with jurisdiction within their own unit and does not fall under any of the circumstances stipulated in Clause 2, Article 20 of the Law on Reports, the person receiving the citizen shall accept the report petition, transfer it to the department handling the petition to report to the Head of the Agency or transfer it to the authority with jurisdiction for examination and resolution according to the Law on Reports.

c) In cases where citizens come to propose or reflect on matters falling within the jurisdiction of their own agency or unit, the person receiving the citizen shall accept the petition, transfer it to the department handling the petition to report to the authority with jurisdiction for research, examination, and resolution.

d) In cases where citizens come to inquire about policies within the management scope of the Ministry of Labor, Invalids, and Social Affairs, the person receiving the citizen shall answer. If the person receiving the citizen cannot answer, they shall refer the citizen to a staff member from the relevant functional unit to receive and answer the citizen. If the staff member from the functional unit cannot answer immediately, they shall schedule a time to answer the citizen according to regulations.

3. Handling matters outside the jurisdiction

a) In cases where complaints do not fall within the jurisdiction of the Head of the Agency or Unit, the person receiving the citizen shall guide the complainant to submit the petition to the competent authority as prescribed by law.

b) In cases where reports do not fall within the jurisdiction of the Agency or Unit, the person receiving the citizen shall guide the citizen to submit the petition to the competent authority. If the citizen requests to have the petition accepted, the person receiving the citizen shall accept it, transfer it to the department handling the petition to carry out procedures to transfer the petition and related documents to the competent authority for resolution.

In cases where the report has already been resolved by a competent authority but the reporter does not provide new information or evidence, the person receiving the citizen shall not accept it and explain to the reporter.

c) In cases where proposals, reflections, or inquiries about policies do not fall within the jurisdiction of the Agency, the person receiving the citizen shall guide the citizen to the competent authority for handling.

Article 9. Registering in the logbook

1. After receiving citizens, the citizen reception staff must register in the citizen reception logbook or the citizen reception management software according to the following criteria: serial number; date of reception; name and address of the citizen; number of people; summary of content; classification by nature (complaint, denunciation, suggestion, reflection, inquiry about policy); classification by field (veterans; labor; wages; employment; occupational safety; social insurance; overseas labor management; vocational education; social assistance; child protection and care; gender equality; prevention and control of social evils; other contents); process of examination and resolution at various levels (if any); result of reception (direct response to the citizen, guidance to which agency or acceptance of the petition).

2. Summarize and report monthly, quarterly, annual or ad hoc statistical data and situation of citizen reception as required by the head of the agency.

Chapter III

PROCEDURE FOR HANDLING PETITIONS

Section 1

RECEIVING AND CLASSIFYING PETITIONS

Article 10. Receiving Petitions

1. When receiving petitions from citizens from sources as prescribed in Article 5 of Circular No. 07/2014/TT-TTCP dated October 31, 2014 of the Government Inspectorate on the procedure for handling complaints, denunciations, reflections, and suggestions (hereinafter referred to as Circular No. 07/2014/TT-TTCP dated 31/10/2014), they must be transferred entirely to the petition handling department of the agency for registration, monitoring, and processing in accordance with regulations.

2. Received petitions must be registered in the logbook or entered into the computer database system for management and monitoring.

Article 11. Classifying Petitions

1. Classify petitions according to each criterion specified in Article 6 of Circular No. 07/2014/TT-TTCP dated 31/10/2014, additionally including inquiries about policies.

2. Classify petitions according to the fields of state administration of the Ministry of Labor, Invalids and Social Affairs:

a) Veterans;

b) Labor, wages;

c) Employment and unemployment insurance;

d) Occupational safety;

e) Overseas labor management;

g) Vocational education;

h) Social insurance;

i) Social assistance;

k) Child protection and care;

l) Prevention and control of social evils;

m) Gender equality;

n) Other contents.

Section 2

HANDLING APPEAL PETITIONS

Article 12. Determining the Authority to Resolve Complaints

Based on the provisions of laws regarding each field of labor, veterans, and society to determine the authority to resolve:

1. The authority to resolve complaints in the fields of labor, vocational education, and sending Vietnamese workers abroad under contracts shall apply the Law on Complaints and Decree No. 119/2014/NĐ-CP dated December 17, 2014 of the Government detailing certain provisions of the Labor Code, the Vocational Education Law, and the Law on Vietnamese Workers Going to Work Abroad Under Contracts concerning complaints and denunciations (hereinafter referred to as Decree No. 119/2014/NĐ-CP dated 17/12/2014);

2. The authority to resolve complaints in the field of veterans shall apply the Law on Complaints and the Ordinance on Preferential Treatment for Veterans;

3. The authority to resolve complaints in the field of social insurance shall apply the Law on Complaints and the Law on Social Insurance;

4. The authority to resolve complaints in the fields of social assistance, child protection and care, gender equality, and prevention and control of social evils shall apply the Law on Complaints and related provisions;

For complaints not within the scope of state administration of the Ministry of Labor, Invalids and Social Affairs, the relevant legal provisions must be relied upon to determine the authority to resolve.

Article 13. Handling Complaints within the Competence to Resolve

1. For complaints within the competence to resolve and not falling under any of the cases not accepted for resolution as prescribed in Article 11 of the Law on Complaints, the person handling the complaint proposes to the Head of the receiving agency to resolve it in accordance with Circular No. 07/2013/TT-TTCP dated October 31, 2013 of the Government Inspectorate stipulating the procedures for resolving administrative complaints.

2. For complaints within the competence to resolve but lacking the conditions for acceptance, the person handling the complaint proposes to the Head of the agency to inform the complainant clearly of the reasons for non-acceptance according to Form No. 02-KN issued together with Circular No. 07/2013/TT-TTCP dated October 31, 2013 of the Government Inspectorate stipulating the procedures for resolving administrative complaints.

Article 14. Handling Complaints Not Within the Competence to Resolve

1. For complaints not within the competence to resolve, the person handling the complaint drafts a document to propose to the Head of the agency to return the complaint and guide the complainant to submit the complaint to the competent authority for resolution in accordance with the Law on Complaints. The guidance shall only be implemented once according to Form No. 03-XLĐ issued together with Circular No. 07/2014/TT-TTCP dated October 31, 2014.

2. For complaints within the competence to resolve of a lower level but exceeding the time limit prescribed by the Law on Complaints without being resolved, the person handling the complaint proposes to the Head of the agency to consider resolving the case or issue a document requesting the lower level to resolve the complaint matter.

3. In the case of complaints received and transferred by National Assembly deputies, People's Council deputies, Vietnam Fatherland Front Committees and its members, press agencies, or other agencies but not within the competence to resolve, the person handling the complaint proposes to the Head of the agency to return the complaint along with any attached documents (if any) and notify in writing the reasons for non-acceptance to the transferring agency, organization, or individual. The return of the complaint shall be carried out according to Form No. 04-XLĐ issued together with Circular No. 07/2014/TT-TTCP dated October 31, 2014.

Article 15. Handling Complaints Accompanied by Original Documents and Materials

1. In the case where the complainant provides original materials at the place of citizen reception, the citizen reception officer returns them to the complainant after comparing with copies or photographs.

2. In the case where complaints sent through postal service are accompanied by original materials and are not accepted for resolution, the agency receiving the complaint must return the original materials to the complainant (requesting the citizen to ensure security to prevent loss) after completing the handling of the complaint.

3. In the case where complaints sent through postal service are accompanied by original materials and are accepted for resolution, the return of the original documents and materials shall be carried out immediately after issuing the decision on resolving the complaint.

Section 3

HANDLING COMPLAINTS OF REPORTING

Article 16. Classification of Reporting Complaints

Reporting complaints are classified into two types:

1. Reporting complaints against violations of laws by civil servants in the Labor - Invalids and Social Affairs sector in performing their duties and public services;

2. Reporting complaints against violations of laws in the fields managed by the Labor - Invalids and Social Affairs sector.

Article 17. Determination of Competence to Handle Complaints about Violations of Law by Cadres, Civil Servants, and Public Officials in the Labor - War Invalids and Social Affairs Sector in Performing Their Duties and Official Tasks

1. The Minister of Labor - War Invalids and Social Affairs has the competence to handle complaints about violations of law in performing duties and official tasks by cadres, civil servants, and public officials appointed and directly managed by himself/herself. Depending on the content of the complaint, the Minister may assign the Ministry Inspectorate or units under the Ministry to advise on handling and resolving the complaint.

2. The head of units under the Ministry has the competence to handle complaints about violations of law in performing duties and official tasks by cadres, civil servants, and public officials appointed and directly managed by themselves according to the classification of the Ministry.

3. The Director of the Department has the competence to handle complaints about violations of law in performing duties and official tasks by cadres, civil servants, and public officials appointed and directly managed by himself/herself.

4. The head of units under the Department has the competence to handle complaints about violations of law in performing duties and official tasks by cadres, civil servants, and public officials appointed and directly managed by themselves according to the classification.

Article 18. Determination of Competence to Handle Complaints about Violations of Law in Various Areas of State Management in the Labor - War Invalids and Social Affairs Sector

1. For complaints about violations of law in the areas of labor, vocational education, and sending Vietnamese workers to work abroad under contracts, the competence to handle such complaints is regulated by Decree No. 119/2014/NĐ-CP dated December 17, 2014.

2. For complaints about violations of law in other areas under the state management functions of the Labor - War Invalids and Social Affairs sector that do not fall within the provisions of Clause 1 of this Article, the competence to handle such complaints is determined according to the provisions of Article 31 of the Law on Complaints.

Article 19. Handling Complaint Forms

1. For complaint forms within the competence and not falling under any of the cases not accepted for handling, the person handling the form shall prepare a proposal for acceptance and submit it to the responsible leader for assigning the competent unit to resolve the matter. The unit receiving the complaint form shall advise the competent authority to handle the complaint to comply with the regulations stipulated in Circular 06/2013/TT-TTCP dated September 30, 2013 of the Government Inspectorate on the procedures for handling complaints.

2. For complaint forms within the competence but falling under the cases not accepted for handling according to the provisions of Clause 2 of Article 20 of the Law on Complaints, the receiving agency shall notify the complainant in writing about the non-acceptance of the complaint resolution according to Model No. 02-TC issued together with Circular 06/2013/TT-TTCP dated September 30, 2013 of the Government Inspectorate on the procedures for handling complaints.

3. For complaint forms not within the competence, the unit receiving the form shall prepare a transfer form according to Model No. 05-XLĐ issued together with Circular No. 07/2014/TT-TTCP dated October 31, 2014 to the competent agency for consideration and handling according to the provisions of the Law on Complaints.

Article 20. Further Handling of Complaint Forms

The Director of the Department resolves complaints that have been handled by the Chief Inspector of the Department or the head of units under the Department but not in accordance with the law, or requests the Chief Inspector of the Department or the head of units under the Department to handle complaints that have exceeded the prescribed time limit without being resolved.

The Minister resolves complaints that have been handled by the Chief Inspector of the Ministry or the head of units under the Ministry but not in accordance with the law, or requests the Chief Inspector of the Ministry or the head of units under the Ministry to handle complaints that have exceeded the prescribed time limit without being resolved.

The reception and handling of further complaints are carried out according to the provisions of Article 8 of Circular 06/2013/TT-TTCP dated September 30, 2013 of the Government Inspectorate on the procedures for handling complaints.

Section 4

HANDLING COMPLAINTS AND SUGGESTIONS

Article 21. Handling of complaints and suggestions

1. If a complaint or suggestion falls within the jurisdiction to resolve, the person handling the complaint or suggestion shall propose that the head of the agency consider and resolve it in accordance with the provisions of the law.

2. If a complaint or suggestion does not fall within the jurisdiction to resolve, the person handling the complaint or suggestion shall propose that the head of the agency consider and decide on transferring the complaint or suggestion and accompanying documents (if any) to the competent agency, unit, or person for resolution in accordance with the provisions of the law. The transfer of complaints and suggestions shall be carried out using Form No. 06-XLĐ issued together with Circular No. 07/2014/TT-TTCP dated October 31, 2014.

Article 22. Handling of inquiries about policies

1. If a request for information about policies pertains to the field of state management under the Ministry of Labor, Invalids, and Social Affairs, the complaint or suggestion shall be transferred to the relevant functional unit for response at the Ministry, and at the Department, it shall be transferred to the relevant Bureaus and Departments, and at the Provincial Department, it shall be transferred to the relevant specialized departments for response.

2. If a request for information about policies pertains to fields outside the scope of state management under the Ministry of Labor, Invalids, and Social Affairs, citizens shall be advised to submit their requests to the competent agencies managing those fields for response.

Section 5

MANAGEMENT AND STORAGE OF RECORDS

Article 23. Management of records

The department handling complaints has the responsibility to manage, monitor, and compile the handling of complaints received by the agency. After resolving the complaints, the competent agencies shall send the results to the department handling complaints for compilation and response when requested.

Article 24. Storage of records

1. After the completion of the handling of complaints, the results must be recorded in a logbook or entered into a computer database for management and monitoring. The storage of logbooks and data backups on computers shall be carried out in accordance with the laws on recordkeeping.

2. For complaints within the jurisdiction, after the completion of the handling, the entire case file must be stored in accordance with the regulations.

3. For complaints outside the jurisdiction, after issuing guidance and returning the complaint to the citizen or transferring it to the competent authority for resolution, one (01) copy must be retained and managed according to the regulations. Specifically, for complaints transferred to the competent authority for resolution, a copy of the citizen's complaint must be made and stored for monitoring.

4. For complaints that do not meet the conditions for handling, the complaints shall be stored in order for management purposes to serve the work of searching. The retention period is one (01) year, and the destruction of complaints shall be decided by the head of the agency or unit.

Chapter IV

IMPLEMENTING PROVISIONS

Article 25. Implementation organization

1. Director of the Inspectorate of the Ministry, Director of the Inspectorate of the Provincial Department

a) The Director of the Inspectorate of the Ministry assists the Minister in managing the work of receiving citizens, handling complaints; coordinates with the heads of units under the Ministry to organize the reception of citizens; monitors, checks, urges, and requires the heads of units under the Ministry to strictly implement this Circular.

b) The Director of the Inspectorate of the Provincial Department assists the Director of the Provincial Department in managing the work of receiving citizens, handling complaints; coordinates with units and specialized departments under the Provincial Department to organize the reception of citizens; monitors, checks, urges, and requires units and specialized departments under the Provincial Department to strictly implement this Circular.

2. Director of the Office of the Ministry, Director of the Office of the Provincial Department

a) The Director of the Office of the Ministry collaborates with the Inspectorate of the Ministry to develop a regular plan for receiving citizens by the leadership of the Ministry. Transmits, checks, and urges units under the Ministry to implement decisions, directives, and instructions from the central authorities concerning the leadership of the Ministry and the leadership of the Ministry regarding receiving citizens and handling complaints.

b) The Director of the Office of the Provincial Department collaborates with the Inspectorate of the Provincial Department to develop a regular plan for receiving citizens by the leadership of the Provincial Department. Transmits, checks, and urges units and specialized departments under the Provincial Department to implement decisions, directives, and instructions from higher-level authorities concerning the leadership of the Provincial Department and the leadership of the Provincial Department regarding receiving citizens and handling complaints.

3. Heads of units under the Ministry and Provincial Department within the scope of their responsibilities shall report in writing monthly to the Inspectorate of the Ministry and the Inspectorate of the Provincial Department on the results of receiving citizens and handling complaints transferred by the department handling complaints and complaints directly received by their units for monitoring, compilation, and periodic reporting to the leadership of the Ministry, Provincial Department, and higher-level authorities.

Article 26. Effective date

1. This Circular takes effect from January 26, 2016.

2. During the implementation of this Circular, if the referenced legal documents are amended, supplemented, or replaced, the content of this Circular will also be correspondingly changed; if there are difficulties or new issues arising, it is recommended that related agencies, organizations, and individuals promptly reflect them to the Ministry of Labor, Invalids, and Social Affairs for consolidation, research, and appropriate amendment and supplementation.