Circular No. 57/2023/TT-BCA on Receiving and Handling Complaints and Suggestions from Individuals and Organizations Regarding Administrative Regulations within the Scope of the Ministry of Public Security's State Management Functions

CIRCULAR

Receiving and Handling Reflections and Suggestions from Individuals and Organizations Regarding Administrative Regulations within the State Management Functions of the Ministry of Public Security

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

Pursuant to the Law on Organization of the Government dated June 29, 2015;

Pursuant to Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government regarding receiving and handling reflections and suggestions from individuals and organizations concerning administrative regulations;

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

Pursuant to Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain articles of related decrees concerning administrative procedure control (hereinafter referred to as Decree No. 48/2013/NĐ-CP);

BASED ON DECREE NO. 64/2014/ND-CP DATED JUNE 26, 2014 OF THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE CITIZEN GREETING LAW;

Pursuant to Decree No. 92/2017/NĐ-CP dated August 7, 2017 of the Government amending and supplementing certain articles of related decrees concerning administrative procedure control (hereinafter referred to as Decree No. 92/2017/NĐ-CP);

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Based on the proposal of the Director of the Department of Legal Affairs and Administrative Reform and Judicial Affairs of the Ministry of Public Security at Report No. 52/TTr-V03-P6 dated October 25, 2023;

The Minister of Public Security promulgates this Circular on receiving and handling reflections and suggestions from individuals and organizations regarding administrative regulations within the state management functions of the Ministry of Public Security,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the procedures for receiving and handling reflections and suggestions from individuals and organizations regarding administrative regulations within the state management functions of the People's Public Security Force.

2. This Circular does not regulate:

a) Reflections and suggestions from individuals and organizations regarding administrative regulations within the state management functions of the Ministry of Public Security but determined to contain state secrets.

b) Complaints and petitions and their resolution.

c) Reports and notifications of criminal offenses.

Article 2. Applicability

This Circular applies to:

1. Units under the Ministry; Public Security forces of provinces and centrally governed cities (hereinafter collectively referred to as Public Security units and localities);

2. Officers, non-commissioned officers, and soldiers of the People's Public Security Force with authority to receive, classify, and handle reflections and suggestions regarding administrative regulations within the state management functions of the Ministry of Public Security (hereinafter collectively referred to as Public Security officers and soldiers).

3. Individuals and organizations that have reflections and suggestions regarding administrative regulations within the state management functions of the Ministry of Public Security and relevant agencies, organizations, and individuals.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. "Administrative regulations within the state management functions of the Ministry of Public Security" refers to regulations on mechanisms, policies, administrative procedures, within the scope and functions of state management of the Ministry of Public Security, issued by state agencies or persons authorized by law (hereinafter referred to as administrative regulations).

2. "Individual" means Vietnamese citizens; Vietnamese citizens residing abroad as defined in Clause 2, Article 3 of Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on receiving and handling reflections and suggestions from individuals and organizations regarding administrative regulations (amended and supplemented by Decree No. 48/2013/NĐ-CP and Decree No. 92/2017/NĐ-CP) and foreigners as defined in Clause 1, Article 3 of the Law on Entry, Exit, Transit, and Residence of Foreigners 2014 (amended and supplemented in 2019) who have reflections and suggestions regarding administrative regulations within the state management functions of the Ministry of Public Security.

3. "Organization" means enterprises, associations, business associations, administrative agencies, public service units, and other legally established organizations that have reflections and suggestions regarding administrative regulations within the state management functions of the Ministry of Public Security.

4. "Reflection" means when individuals or organizations express opinions on issues related to administrative regulations within the state management functions of the Ministry of Public Security, including: specific difficulties in implementation; illegality, lack of rationality, inconsistency, or lack of uniformity with the Vietnamese legal system or international treaties to which Vietnam is a party, and other related issues.

5. "Suggestion" means when individuals or organizations provide information, present opinions, wishes, propose solutions or initiatives for new administrative regulations within the state management functions of the Ministry of Public Security.

6. "Data message" means information created, sent, received, stored electronically as provided for in Clause 4, Clause 5, and Clause 12, Article 4 of the Law on Electronic Transactions 2005.

7. "The Ministry of Public Security's system for receiving and handling reflections and suggestions" includes: the system for receiving and handling reflections and suggestions of Public Security units and localities and the system for receiving and handling reflections and suggestions of the Ministry of Public Security, with the function of supporting the reception, handling, and publicizing the results of handling reflections and suggestions from individuals and organizations regarding administrative regulations.

Article 4. Principles for receiving and handling

The receiving and handling of reflections and proposals from individuals and organizations regarding administrative regulations within the State management functions of the Ministry of Public Security must comply with the following principles:

1. In accordance with the legal provisions on receiving and handling reflections and proposals.

2. The procedures and formalities for receiving and handling reflections and proposals must be specific, clear, simple, and convenient.

3. Ensuring authority, transparency, and coordinated cooperation among competent agencies as prescribed by the law on handling reflections and proposals.

Chapter II

CONTENT, FORM AND REQUIREMENTS FOR REFLECTIONS AND PROPOSALS

Section 1

CONTENT, FORM AND REQUIREMENTS FOR REFLECTIONS AND PROPOSALS

Article 5. Content of reflections and proposals

1. The contents of reflections on administrative regulations within the State management functions of the Ministry of Public Security include the following:

a) Specific difficulties and obstacles encountered in implementing administrative regulations that cause delays, inconvenience, or non-compliance with administrative regulations within the scope of State management of the Ministry of Public Security as stipulated in Clause 1, Article 3 of this Circular by units, public security officers.

b) The inconsistency of administrative regulations with reality;

c) The lack of synchronization and consistency among administrative regulations;

d) Illegal administrative regulations;

đ) Administrative regulations contrary to international treaties to which Vietnam is a party or has acceded.

e) Other issues related to administrative regulations.

2. The contents of proposals on administrative regulations within the State management functions of the Ministry of Public Security include:

a) Providing information, presenting opinions, wishes, and proposing solutions and plans for handling the issues mentioned in points a, b, c, d, đ, and e of Clause 1 of this Article.

b) Initiatives to issue new administrative regulations related to business activities and people's lives within the State management functions of the Ministry of Public Security.

Article 6. Forms of reflections and proposals

Reflections and proposals from individuals and organizations on administrative regulations shall be carried out in one of the following forms:

1. Written documents.

2. Telephone calls.

3. Opinion solicitation forms.

4. Data messages sent through the National Public Service Portal, the Ministry of Public Security Public Service Portal, the Ministry of Public Security Electronic Information Portal, and the Electronic Information Portal of Public Security Units and Localities as stipulated in Clause 2, Article 10 of this Circular.

Article 7. Requirements for written reflections and proposals

Written reflections and proposals from individuals and organizations must meet the following requirements:

1. Written reflections and proposals must be submitted by individuals and organizations in the following ways:

a) Directly delivered to the receiving agency;

b) Through postal services;

2. Written reflections and proposals must be expressed and used in the Vietnamese language.

3. The content of reflections and proposals must be clearly, specifically, and coherently presented;

4. Written reflections and proposals must clearly state the name, address, postal address for contact; telephone number of the individual or organization making the reflection or proposal as stipulated in Clause 4, Article 8 of this Circular.

Article 8. Requirements for telephone reflections and proposals

Telephone reflections and proposals from individuals and organizations (through the hotlines of the Ministry of Public Security, located at the Department of Legal Affairs and Administrative Reform, or the hotlines of Public Security Units and Localities) must meet the following requirements:

1. Using the Vietnamese language.

2. Clearly stating the content of reflections and proposals.

3. Announcing the name, address, postal address; telephone number of the individual or organization making the reflection or proposal as stipulated in Clause 4 of this Article.

4. Individuals and organizations making reflections and proposals through frequently used telephone numbers registered under their own names with telecommunications enterprises in accordance with Clause 23, Article 3 of the Telecommunications Law 2009, which have been publicly announced.

5. Officers and soldiers are responsible for truthfully and fully recording the contents and information of reflections and proposals made by individuals and organizations and reporting them in writing to the competent authority for resolution.

Article 9. Requirements for reflections and suggestions through Opinion Forms:

Reflections and suggestions through Opinion Forms must meet the following requirements:

1. Opinion Forms for individuals and organizations regarding administrative regulations within the State management functions of the Ministry of Public Security shall be implemented through the following methods:

a) Sending official letters to solicit opinions;

b) Soliciting opinions through mass media;

2. The Opinion Form shall only be implemented when the subjects specified in Clause 1 of Article 2 of this Circular wish to solicit opinions from individuals and organizations on administrative regulations within the State management functions of the Ministry of Public Security.

3. The content of the Opinion Form must clearly, specifically, and accurately reflect the issues that need to be solicited according to Point b, Clause 3 of Article 22 of this Circular.

Article 10. Requirements for reflections and suggestions through data messages:

Reflections and suggestions through data messages must meet the following requirements:

1. Comply with the requirements stipulated in Clause 7, Article 3 of this Circular;

2. Reflections and suggestions must be sent to the correct address as follows:

a) The Ministry of Public Security's Service Portal: access address: https://dichvucong.bocongan.gov.vn; Section Reflection - Suggestions; Email address: [email protected].

b) The Ministry of Public Security's Electronic Information Portal: access address: www.mps.gov.vn; or www.bocongan.gov.vn.

c) The National Service Portal: access address: https://dichvucong.gov.vn, Section Reflection, Suggestions. Email: [email protected].

d) The Electronic Information Portal of local police units.

3. Use Vietnamese language; font of Vietnamese character set (Unicode) according to Vietnam Standard TCVN 6909:2001;

4. The content of reflections and suggestions must be presented clearly, coherently, and specifically.

5. Reflections and suggestions must clearly state the name, address, email address, and telephone number.

6. Attach files with appropriate formats as required by the information system.

Section 2

RECEIVING AND CLASSIFYING REFLECTIONS AND SUGGESTIONS

Article 11. Agencies Receiving Reflections and Suggestions:

1. The Legal System and Administrative Reform Department assists the Minister:

a) To receive, evaluate, classify, and compile a list of reflections and suggestions from individuals and organizations regarding administrative regulations within the scope of State management of the Ministry of Public Security on the Ministry of Public Security's Information System for receiving and processing reflections and suggestions; to take the lead and coordinate with local police units to respond to reflections and suggestions.

b) To implement delegated authority for receiving and processing reflections and suggestions from individuals and organizations regarding administrative regulations within the scope of State management of the Ministry of Public Security for local police units.

2. The General Staff Departments of units under the Ministry; the General Staff Departments and departments responsible for administrative procedures of local police units are the direct agencies assisting the Heads and Directors of local police units in receiving and processing reflections and suggestions from individuals and organizations regarding administrative regulations within the State management functions of the Ministry of Public Security according to their assigned functions, tasks, and areas.

3. For reflections and suggestions made through Opinion Forms, the local police unit sending the Opinion Form shall be responsible for receiving it and must follow the correct procedure as follows:

a) Identify the contents requiring opinions in the Opinion Form;

b) Identify the individuals and organizations whose opinions are needed;

c) Prepare the Opinion Form in accordance with Point b, Clause 2 of Article 22 of this Circular;

d) Determine the method of sending and receiving the Opinion Form to organizations and individuals as stipulated in Clause 1 of Article 9 of this Circular.

Article 12. Procedure for receiving reflections and suggestions

Public Security units and localities shall be responsible for receiving reflections and suggestions in accordance with Article 11 of this Circular and shall implement the following procedure for receiving reflections and suggestions:

1. For reflections and suggestions made through written form or telephone:

a) Guide individuals and organizations to make reflections and suggestions in compliance with the requirements stipulated in Articles 7 and 8 of this Circular;

b) Receive reflections and suggestions;

c) Study, evaluate, and classify reflections and suggestions as prescribed in Article 13 of this Circular.

2. For reflections and suggestions regarding administrative regulations made through the Opinion Solicitation Form:

a) Monitor and urge individuals and organizations to respond within the specified time limit;

b) Collect, study, evaluate, and classify reflections and suggestions as prescribed in Clause 3, Article 13 of this Circular.

3. For reflections and suggestions made through electronic data message form:

a) Guide individuals and organizations to make reflections and suggestions in compliance with Article 10 of this Circular;

b) Log in to the Public Security Portal and the System for Receiving and Processing Reflections and Suggestions on Administrative Regulations of the Ministry of Public Security to receive reflections and suggestions.

Article 13. Classification of reflections and suggestions

1. Basis for classification of reflections and suggestions

Public Security units and localities, in accordance with Clause 1, Article 2 and Article 11 of this Circular, must conduct classification after receiving reflections and suggestions on administrative regulations based on the following criteria:

a) The content of reflections and suggestions as prescribed in Article 5 of this Circular;

b) The purpose and requirements of individuals and organizations sending reflections and suggestions;

c) Requirements for reflections and suggestions as prescribed in Articles 6, 7, 8, 9, and 10 of this Circular.

2. Classification of reflections and suggestions:

a) Based on the authority to resolve, the officer receiving reflections and suggestions is responsible for classifying them according to the provisions of Clause 1 of this Article;

b) In cases where the reflections and suggestions fall within the authority to resolve of their own agency or unit, the receiving officer reports to the head of their own Public Security agency to consider and resolve promptly in accordance with the procedure for handling reflections and suggestions prescribed in Clause 1, Article 18 of this Circular;

c) In cases where the reflections and suggestions do not fall within the authority to resolve of their own unit, the receiving officer transfers the reflections and suggestions according to the procedure prescribed in Clause 2, Article 18 of this Circular.

3. Public Security units and localities are responsible for archiving the files of reflections and suggestions and electronic data messages about the received reflections and suggestions into the electronic database of the Public Security Portal of units and localities or the System for Receiving and Processing Reflections and Suggestions of the Ministry of Public Security in accordance with the laws on archiving.

Article 14. Responsibilities of units receiving reflections and suggestions

Public Security units and localities receiving reflections and suggestions shall be responsible for:

1. Receiving reflections and suggestions in accordance with Articles 11, 12, and 13 of this Circular;

2. Assigning officers or departments to handle the reception of reflections and suggestions;

3. Announcing publicly the address of the unit, postal address, installing dedicated phone numbers, connecting computer networks, and setting up websites and emails at their own units and localities;

4. Reporting the results of receiving reflections and suggestions to the Ministry as prescribed in Article 22 of this Circular.

Article 15. Responsibilities of officers and soldiers in receiving complaints and suggestions

1. Officers and soldiers directly responsible for receiving complaints and suggestions shall have the responsibility to:

a) Maintain proper attitude, respect, listen, and accept complaints and suggestions; record all contents of complaints and suggestions from individuals and organizations regarding administrative regulations fully and accurately;

b) Explain and guide individuals and organizations making complaints and suggestions to follow the procedures set out in Articles 5, 6, 7, 8, 9, and 10 of this Circular;

c) Adhere to the procedures and deadlines for receiving complaints and suggestions as stipulated in Articles 12, 13, and 14 of this Circular;

d) Not intentionally delay or create difficulties or harassment when receiving complaints and suggestions.

2. Officers and soldiers directly responsible for receiving complaints and suggestions shall have the right to:

a) Require individuals and organizations making complaints and suggestions about administrative regulations under the management functions of the Ministry of Public Security to clearly state their names, addresses, or present identification documents (in cases of direct reception if necessary); clearly present the content of complaints and suggestions and provide necessary materials and bases related to complaints and suggestions to facilitate the reception and handling of the case;

b) Directly classify, handle, reject, transfer for handling, or report to competent authorities for handling complaints and suggestions according to the procedures specified in Articles 12 and 13 of this Circular;

c) Announce and publicly disclose the results of receiving complaints and suggestions to individuals and organizations as stipulated in Article 17 of this Circular.

Article 16. Rights and responsibilities of individuals and organizations making complaints and suggestions

1. Individuals and organizations making complaints and suggestions have the right to:

a) Present and send complaints and suggestions about administrative regulations under the management functions of the Ministry of Public Security to competent agencies and units as prescribed in Article 11 of this Circular;

b) Receive guidance and explanations on matters related to their complaints and suggestions;

c) Be informed about the situation of receiving and handling complaints and suggestions as prescribed in Clause 1, Article 17 of this Circular.

2. Individuals and organizations making complaints and suggestions have the responsibility to:

a) Clearly state their names, addresses, and the content of complaints and suggestions;

b) Clearly and truthfully present the matter, provide relevant information, materials, and bases related to complaints and suggestions; sign or affix fingerprints to confirm that the recorded contents have been accurately documented by officers and soldiers in cases of direct complaints and suggestions as prescribed in Point c, Clause 2, Article 7 of the Law on Receiving Citizens' Complaints and Suggestions 2013;

c) Make complaints and suggestions in accordance with the prescribed forms, methods, requirements, and procedures under the laws on complaints and suggestions regarding administrative regulations;

d) Comply with the provisions stipulated in Clause 4, Clause 5, Clause 6, Clause 8, Article 6, and Points d and e, Clause 2, Article 7 of the Law on Receiving Citizens' Complaints and Suggestions 2013.

Article 17. Transparency in receiving complaints and suggestions

1. Within five working days from the date of receiving complaints and suggestions, the local public security agency as prescribed in Clauses 1 and 2, Article 2 of this Circular shall be responsible for directly replying or notifying in writing to individuals and organizations making complaints and suggestions about one of the following contents:

a) The complaint or suggestion has been received;

b) The handling of the complaint or suggestion requires an extension of time due to the need for additional verification as prescribed by law;

c) The content of the complaint or suggestion has been transferred to the competent agency or unit for resolution.

2. The Department of Legal Affairs and Administrative Reform, Ministry of Public Security; the Office of the Ministry of Public Security shall be responsible for publicly disclosing the address of the agency, postal address, dedicated telephone number, website address, and email address for receiving complaints and suggestions from individuals and organizations regarding administrative regulations on the Ministry of Public Security's electronic portal.

3. Local public security agencies shall be responsible for publicly disclosing and posting at their office premises the address of the agency, postal address, dedicated telephone number, website address, email address, and other communication channels for receiving complaints and suggestions from individuals and organizations regarding administrative regulations on the Ministry of Public Security's electronic portal or the electronic portal of the local public security agency.

Section 3

HANDLING COMPLAINTS AND SUGGESTIONS

Article 18. Procedure for handling reflections and suggestions

After receiving and classifying reflections and suggestions on administrative regulations according to Clause 1, Article 13 of this Circular, public security units and localities must implement the following handling procedures:

1. Handling decision within authority:

a) Public security units and localities shall make a handling decision within their authority for reflections and suggestions that meet the requirements stipulated in Articles 5, 6, 7, 8, 9, and 10 of this Circular;

b) Compare and examine the necessity, legality, rationality, simplicity, clarity, feasibility, consistency, synchronization, and compliance with laws on administrative regulations within the scope of state management of the Ministry of Public Security; compliance with international treaties to which Vietnam is a party or has joined, concerning administrative regulations, to develop appropriate handling solutions in accordance with the provisions;

c) Directly contact individuals or organizations making reflections and suggestions to clarify relevant contents (if necessary);

d) Make a decision to handle reflections and suggestions;

đ) Publicize the results of handling reflections and suggestions in accordance with Article 17 of this Circular;

e) Organize the retention of files on handled reflections and suggestions in accordance with the law on archives and records, while storing them in electronic databases;

2. Transfer for handling reflections and suggestions:

Within five working days from the date of receipt and classification, the unit or locality receiving and classifying reflections and suggestions must transfer them to units or localities with the authority to handle in the following cases:

a) Reflections and suggestions as prescribed in Clause 5, Article 3 and point a, Clause 1, Article 5 of this Circular;

b) Reflections and suggestions not within the authority of the public security unit or locality receiving and classifying to handle;

c) Other cases not within the authority to handle;

3. Supplement reflection and suggestion files in the following cases:

a) When reflections and suggestions lack sufficient information about documents, files, certificates needed for verification, clarification, and response;

b) When reflections and suggestions lack sufficient information about the individual or organization making the reflections and suggestions;

c) When reflections and suggestions have unclear content;

4. Refuse to handle reflections and suggestions on administrative regulations in the following cases:

a) Not meeting the requirements stipulated in Articles 7, 8, 9, and 10 of this Circular;

b) Not within the scope or functions of state management of the Ministry of Public Security;

c) Reflections and suggestions containing content as prescribed in Clause 2, Article 1 of this Circular;

d) Cases where reflections and suggestions are simultaneously sent to multiple agencies, organizations, units, or individuals, including those with the authority to resolve, or where the reflections and suggestions duplicate content already transferred for handling or have been guided according to the regulations;

e) Cases where reflections and suggestions contain multiple contents, each belonging to the jurisdiction of different agencies or units, then guide the person making the reflections and suggestions to separate each content and transfer it to the competent unit for acceptance and handling;

g) Cases where reflections and suggestions contain content opposing the policies and guidelines of the Party, state laws and policies, dividing national solidarity, religion, or using vulgar language, defaming, or insulting the reputation and prestige of individuals, organizations, agencies, or units;

5. Monitor, urge, inspect, and report to the competent authority on the results of handling reflections and suggestions;

6. Publicize the results of handling reflections and suggestions in accordance with Article 19 of this Circular.

Article 19. Publicizing the Results of Handling Reflections and Suggestions

1. Within ten working days from the date of receiving reflections and suggestions in accordance with Clause 1 of Article 28 of the Law on Receiving Citizens' Petitions, the police units and localities shall be responsible for publicizing the results of handling reflections and suggestions made by individuals and organizations regarding administrative regulations within the scope of management functions of the Ministry of Public Security.

2. The publicity shall be carried out through one or more of the following forms:

a) Posting on the Ministry of Public Security's website and the websites of the police units and localities.

b) Announcing on mass media in accordance with the provisions.

c) Notifying the individuals and organizations that have made reflections and suggestions.

d) Other forms as prescribed by law.

Article 20. Responsibilities of Police Units and Localities in Handling Reflections and Suggestions

1. The heads of police units and localities shall direct the receipt, classification, and handling of reflections and suggestions about administrative regulations within their jurisdiction to ensure compliance with procedures and deadlines as stipulated in Articles 12, 13, 14, 17, and 19 of this Circular.

2. Directing and organizing the storage of files and documents and building electronic databases of reflections and suggestions about administrative regulations and their handling results.

3. Publicizing the results of handling reflections and suggestions in accordance with Article 19 of this Circular.

4. Urging, inspecting, and promptly taking necessary measures to correct discipline and administrative conduct in handling reflections and suggestions about administrative regulations within the scope of management functions of the Ministry of Public Security.

Article 21. Responsibilities of Police Officers in Handling Reflections and Suggestions

Police officers, in accordance with Clause 2 of Article 2 of this Circular, shall be responsible for:

1. Advising competent authorities to handle thoroughly, promptly, and within their authority the reflections and suggestions of individuals and organizations regarding administrative regulations within the scope of management functions of the Ministry of Public Security, and those reflections and suggestions not meeting the requirements stipulated in Articles 7, 8, 9, and 10 of this Circular.

2. Advising and proposing to competent authorities to handle reflections and suggestions about administrative regulations within the scope of state management of the Ministry of Public Security in the following cases:

a) Reflections and suggestions related to two or more administrative state agencies and these agencies cannot agree on a solution;

b) Reflections and suggestions about administrative regulations that have been handled, but individuals and organizations continue to reflect and suggest;

c) Reflections and suggestions about administrative regulations within the decision-making authority of a higher-level competent authority.

d) Complex reflections and suggestions about administrative regulations within the scope of management functions of the Ministry of Public Security.

Chapter III

IMPLEMENTING PROVISIONS

Article 22. Responsibilities for Inspection, Guidance, and Reporting System

1. Heads of units under the Ministry, Provincial Police Directors, and Municipal Police Directors directly under the Central Government shall report to the Minister (through the Department of Legal Affairs and Administrative Reform and Justice) every six months on the situation and results of receiving and handling reflections and suggestions from individuals and organizations regarding administrative regulations within the scope of management functions of the Ministry of Public Security; or report urgently as required by the leadership of the Ministry of Public Security.

2. The Department of Legal Affairs and Administrative Reform and Justice shall report to the Minister every six months on the situation and results of receiving and handling reflections and suggestions from individuals and organizations regarding administrative regulations within the scope of management functions of the Ministry of Public Security; or report urgently as required by the Minister.

3. Annually, the Department of Legal Affairs and Administrative Reform and Justice shall be responsible for:

a) Developing a plan to inspect and guide police units and localities on the work of receiving and handling reflections and suggestions from individuals and organizations regarding administrative regulations within the scope of management functions of the Ministry of Public Security;

b) Developing the content of the Questionnaire to collect opinions of police units and localities in accordance with Clause 1 of Article 2 of this Circular to collect opinions of individuals and organizations regarding administrative regulations within the scope of management functions of the Ministry of Public Security;

c) Developing an annual scoring plan on receiving and handling reflections and suggestions about administrative regulations within the scope of management functions of the Ministry of Public Security according to the content determined as part of the annual administrative reform index in the People's Public Security Force.

Article 23. Funding to ensure the implementation of receiving and handling complaints and suggestions

1. The work of receiving and handling complaints and suggestions from individuals and organizations regarding administrative regulations within the State management functions of the Ministry of Public Security shall be guaranteed by the state budget in the annual regular budget expenditure plan of public security units and localities in accordance with the Law on State Budget, detailed regulations and guiding documents for the Law in the field of national security and social order and safety, and in accordance with Clause 1 of Article 21 of Decree No. 20/2008/NĐ-CP dated February 14, 2008 on receiving and handling complaints and suggestions from individuals and organizations regarding administrative regulations.

2. The funding to ensure the work of receiving and handling complaints and suggestions from individuals and organizations regarding administrative regulations within the State management functions of the Ministry of Public Security includes:

a) Funding for the work of receiving and handling complaints and suggestions as stipulated in Clause 1 of this Article;

b) Funding for compiling comprehensive reports and analyzing the work of receiving and handling complaints and suggestions about administrative regulations; funding for inspecting and urging units and localities; organizing training and capacity building sessions for officers and soldiers serving the administrative reform and related to administrative reform in accordance with Clause 3 and Clause 5 of Article 3 of Circular No. 167/2012/TT-BTC dated October 10, 2012 of the Ministry of Finance on the preparation, management, and use of funds for implementing administrative procedure control activities;

3. Annually, based on their functions, tasks, and authority to receive and handle complaints and suggestions from individuals and organizations regarding administrative regulations within the State management functions of the Ministry of Public Security, public security units and localities shall prepare budgets according to the contents specified in Clause 2 of this Article and report them to the direct superior management agencies.

4. Based on the budget reports of public security units and localities, the direct superior management units shall aggregate and prepare a general budget to ensure the implementation of receiving and handling complaints and suggestions from individuals and organizations regarding administrative regulations within the State management functions of the Ministry of Public Security, and submit it for consideration and decision by leaders at all levels with appropriate authority.

Article 24. Rewards and disciplinary actions

1. Rewards

a) Individuals and organizations as stipulated in Clause 3 of Article 2 of this Circular who make complaints and suggestions about administrative regulations within the State management functions of the Ministry of Public Security, bringing practical effects, helping the Ministry of Public Security to amend, supplement, replace, or abolish unsuitable administrative regulations in accordance with the criteria set out in Article 5 of this Circular shall be rewarded in accordance with the laws on commendation and reward.

b) Public security units and localities, officers, and soldiers of the People's Public Security with the function and task of receiving and handling complaints and suggestions about administrative regulations within the State management functions of the Ministry of Public Security who complete their tasks well in accordance with this Circular shall be rewarded in accordance with the laws on commendation and reward.

c) The Director of the Department of Legal Affairs and Administrative Reform and Judicial Affairs has the responsibility to propose forms of rewards for the subjects specified in points a and b of Clause 1 of this Article.

2. Disciplinary Actions

a) Individuals and organizations making complaints and suggestions about administrative regulations within the State management functions of the Ministry of Public Security that violate the provisions of Clause 2 of Article 16 of this Circular shall be subject to disciplinary action depending on the nature and severity of the violation in accordance with the law.

b) Public security units and localities; officers and soldiers of the People's Public Security with the function and task of receiving and handling complaints and suggestions about administrative regulations within the State management functions of the Ministry of Public Security who violate or fail to fully fulfill their responsibilities as prescribed in this Circular shall bear disciplinary responsibility in accordance with Circular No. 38/2022/TT-BCA dated October 14, 2022 of the Minister of Public Security on disciplinary measures in the People's Public Security.

Article 25. Effective Date

1. This Circular takes effect from December 15, 2023, and replaces Decision No. 4067/QĐ-BCA-V19 dated July 23, 2014 of the Minister of Public Security promulgating the Regulation on coordination between the Department of Legal Affairs and Administrative Reform and Judicial Affairs under the Ministry of Public Security and public security units and localities in receiving and handling complaints and suggestions from individuals and organizations regarding administrative regulations within the scope of the State management functions of the Ministry of Public Security.

2. During the implementation, if the regulatory legal documents referred to and applied in this Circular are amended, supplemented, or replaced, the referenced contents shall be adjusted and implemented in accordance with the new regulatory legal documents that have been amended, supplemented, or replaced.

Article 26. Responsibility for Implementation

1. The Department of Legal Affairs and Administrative Reform and Judicial Affairs shall be responsible for:

a) Taking the lead and coordinating with the Office of the Ministry of Public Security and public security units and localities to manage and publicly announce hotlines, email addresses, and websites of the Ministry of Public Security and public security units and localities for receiving complaints and suggestions and utilizing the Information System for Receiving Complaints and Suggestions about administrative regulations within the State management functions of the Ministry of Public Security;

b) Guiding, inspecting, and urging the implementation of this Circular throughout the People's Public Security force.

c) Proposing forms of rewards for individuals and organizations making complaints and suggestions as stipulated in Clause 1 of Article 24 of this Circular.

2. Heads of units under the Ministry, Provincial Police Chiefs, and relevant individuals and organizations shall be responsible for implementing this Circular.

During the implementation of this Circular, if there are difficulties, obstacles, or feedback, they should be reported to the Ministry (through the Department of Legal Affairs and Administrative Reform and Judicial Affairs) for timely guidance./.