Circular No. 59/2016/TT-BQP on receiving citizens in the Ministry of National Defense

CIRCULAR

Regulations on Receiving Citizens in the Ministry of National Defense

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Pursuant to the Law on Receiving Citizens' Visits No. 42/2013/QH13 dated November 25, 2013;

Pursuant to the Complaint Law No. 02/2011/QH13 dated November 11, 2011;

Pursuant to the Denunciation Law No. 03/2011/QH13 dated November 11, 2011;

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. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 33/2014/NĐ-CP dated April 26, 2014 of the Government on the organization and operation of the Military Inspectorate;

Considering the proposal of the Chief Inspector of the Ministry of National Defense,

The Minister of National Defense issues this Circular on receiving citizens in the Ministry of National Defense.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the reception of citizens for complaints, reports, suggestions, and reflections at the citizen reception offices or citizen reception locations (referred to collectively as the citizen reception location) of agencies, units, and enterprises (referred to collectively as agencies or units) within the Ministry of National Defense; principles, responsibilities, and authorities of agency or unit heads and citizen reception officers in receiving citizens; relationships between the management agencies of citizen reception locations and agencies or units with authority to resolve citizens' complaints, reports, suggestions, and reflections; and conditions ensuring the operation of citizen reception offices within the Ministry of National Defense.

Article 2. Applicability

This Circular applies to agencies, units, and individuals related to the reception of citizens in the Ministry of National Defense; citizens who come to complain, report, suggest, or reflect matters within the jurisdiction of the Ministry of National Defense for resolution.

1. Citizen reception must comply with the provisions of the Law on Citizen Reception, guiding documents implementing the Law on Citizen Reception, this Circular, and other relevant legal regulations.

1. Citizen reception must be conducted at the citizen reception location of the agency or unit; in accordance with the authority, procedures, and formalities prescribed by law and this Circular.

2. Objectivity, transparency, democracy, promptness, convenience, and non-discrimination must be ensured during the reception of citizens.

3. Respect and create favorable conditions for citizens to exercise their rights to complain, report, suggest, and reflect; maintain confidentiality and ensure the safety of informants according to the provisions of the law.

Chapter II

REGULATIONS ON RECEIVING CITIZENS

Article 4. Citizen Reception Office

1. The citizen reception office must be located in a convenient place for receiving citizens and those who come to complain, report, suggest, or reflect; it must be equipped with facilities necessary for work; it must post internal regulations, procedures for receiving citizens, and other information publicly as required by law.

2. When selecting staff for citizen reception, competent personnel with strong political integrity, good moral character, professional expertise, effective methods of mobilizing and persuading the masses, practical knowledge, and a sense of responsibility for assigned tasks must be chosen.

3. Agencies and units must arrange security forces to ensure public order and safety at the citizen reception office under their management; they must have security plans approved by the competent authority. The citizen reception office operates during regular working hours (except Saturdays, Sundays, and holidays).

4. When performing duties outside the barracks, if stationed in a locality, agencies and units must organize a citizen reception location in that locality with appropriate forms.

Article 5. Citizen Reception Office of the Ministry of National Defense

1. The citizen reception office of the Ministry of National Defense in Hanoi is the location for receiving citizens of the Central Military Commission, the head of the Ministry of National Defense; the General Staff Department, the Political Commissariat, the Logistics Department, the Engineering Department, and the Defense Industry Department (collectively referred to as the departments); the Personnel Department, the Policy Department, the Propaganda Department, the Military Affairs Department, and the Social Insurance Department of the Ministry of National Defense (collectively referred to as the departments); the Ministry of National Defense's Inspectorate manages and ensures its operations, while the General Staff Department arranges security forces to ensure safety and public order.

2. The citizen reception office of the Ministry of National Defense assigns permanent officers, specialized officers, and service staff under the responsibility of the Head of the Citizen Reception Office/Inspectorate of the Ministry of National Defense, who are accountable to the Chief Inspector of the Ministry of National Defense for managing and maintaining the operations of the citizen reception office.

3. Departments must assign specialized officers for citizen reception; based on actual circumstances, tasks, and functions, departments must assign specialized officers or concurrently assigned officers for citizen reception and maintain a permanent presence at the citizen reception office of the Ministry of National Defense.

Article 6. Citizens' Reception Office of agencies and units

1. The citizens' reception office of military regions, military corps, Border Guard Command, General Department II, Hanoi Capital Military Command, Ho Chi Minh City Military Command, Coast Guard Command, armies, corps, academies, corporations, general companies, Provincial Military Command, and Provincial Border Guard Command under the central government shall be the place for the heads of agencies and units to receive citizens and agencies with the responsibility to receive citizens; assign dedicated officers and staff to serve citizen reception; entrust the same-level inspection agency to manage; the agency or unit head directly directs the operation.

2. The location for receiving citizens of divisions, regiments, and equivalent units; Border Guard Posts at border gates, independent Coast Guard Battalions, and District Military Commands under provincial cities shall be combined with duty rooms and entrusted to the same-level political agency to manage (assigning officers concurrently responsible for citizen reception from the political agency); placed under the direct leadership and guidance of the party committee and unit command. When citizens come to lodge complaints, denunciations, proposals, or reflections, the duty room is responsible for informing the political agency and the commander; the political agency collaborates with relevant functional agencies to assist the commander in receiving citizens according to the law.

3. The place for receiving citizens of military courts, military prosecution offices, criminal investigations, and execution agencies at various levels within the military shall be arranged by the heads of these agencies in accordance with the law and professional regulations.

Article 7. Responsibility for Receiving Citizens of Heads of Agencies and Units

1. Responsibilities of the Minister of National Defense

a) To stipulate citizen reception procedures appropriate to the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

b) To lead, direct, and organize the citizen reception work of the Ministry of National Defense; ensure necessary material conditions for citizen reception as prescribed;

c) To personally carry out citizen reception at least once a month at the Ministry of National Defense Citizen Reception Office; conduct citizen reception on an ad hoc basis upon request of the Inspectorate Chief of the Ministry of National Defense;

d) To instruct the Inspectorate Chief of the Ministry of National Defense; heads of subordinate agencies and units of the Ministry of National Defense (hereinafter referred to as heads of agencies and units) to closely coordinate with related agencies and organizations to strictly fulfill regular and ad hoc citizen reception tasks;

đ) To delegate authority to the Inspectorate Chief of the Ministry of National Defense to issue internal regulations on citizen reception; to implement the permanent citizen reception duties of the Ministry of National Defense and require heads of related agencies and units to dispatch personnel to participate in citizen reception when necessary.

2. Responsibilities of Heads of Agencies and Units at Various Levels

a) To be responsible to higher-level heads for citizen reception work within their jurisdiction. To implement the delegation of authority from higher-level heads regarding citizen reception;

b) To lead, direct, and organize the implementation of citizen reception work in their own agencies and units; ensure necessary material conditions for citizen reception as prescribed. To instruct functional agencies to receive, classify, guide, and respond to citizens' complaints, denunciations, proposals, and reflections; to inform related agencies and units about the receipt and resolution of citizens' complaints, denunciations, proposals, and reflections. To urge and inspect subordinate agencies and units to comply with legal requirements for citizen reception;

c) Heads of subordinate agencies and units under the Ministry of National Defense shall personally receive citizens at least once a month. Other heads of agencies and units shall personally receive citizens at least twice a month;

d) In addition to scheduled citizen reception, heads at all levels shall carry out citizen reception when there are urgent needs, such as sensitive and complex complaint and denunciation cases that, if not promptly addressed, may result in serious consequences leading to political instability, destruction of state and collective property, harm to the lives of the people, and public order and safety;

đ) Cases of citizen reception based on requests from superiors.

3. Responsibilities of the Head of the Inspectorate of the Ministry of National Defense

a) To assist the head of the Ministry of National Defense in uniformly managing citizen reception work within the Ministry of National Defense. To be responsible to the head of the Ministry of National Defense for managing and directing the Ministry of National Defense Citizen Reception Office. To issue internal regulations on citizen reception; to prepare schedules for citizen reception at the Ministry of National Defense Citizen Reception Office, and to prepare files and documents for the head of the Ministry of National Defense to receive citizens. To implement the delegation of authority from the head of the Ministry of National Defense regarding citizen reception;

b) To assign agencies to receive citizens at the Ministry of National Defense Citizen Reception Office, to register, classify, receive, and transfer citizens' complaints, denunciations, proposals, and reflections to competent agencies and units for resolution; to guide citizens to the citizen reception rooms of functional agencies at the office; to send notifications to citizens about the receipt and results of handling complaints, denunciations, proposals, and reflections;

c) To monitor and urge agencies and units participating in citizen reception at the Ministry of National Defense Citizen Reception Office to comply with citizen reception regulations;

d) To regularly chair monthly coordination meetings with representatives of agencies and units participating in regular citizen reception at the Ministry of National Defense Citizen Reception Office; when necessary, to invite representatives of agencies and units tasked with protecting the citizen reception office to attend. To implement a reporting system for summarizing citizen reception work throughout the military.

Article 8. Responsibilities and authorities of the citizen reception officer

1. The citizen reception officer must be well-versed in the Party's policies and viewpoints, state laws and regulations, and the Ministry of National Defense's systems and provisions; they can only receive citizens at the designated citizen reception location of their agency or unit; they shall perform their duties as a citizen reception officer in accordance with Article 8 of the Citizen Reception Law 2013.

2. Refusal to receive citizens shall be carried out in accordance with Article 9 of the Citizen Reception Law 2013.

Article 9. Relationship between the management agency of the citizen reception location and the agencies or units authorized to resolve citizen complaints

1. Agencies or units responsible for resolving complaints, reports, and reflections from citizens transferred by the citizen reception management agency (hereinafter referred to as the citizen reception agency) at all levels must respond in writing within ten working days from the date of receipt of the complaint, report, suggestion, or reflection, and inform the transferring agency, organization, or individual whether the case has been accepted or not.

2. The citizen reception agency is responsible for monitoring, urging, and requesting the agencies or units responsible for resolving complaints, reports, suggestions, and reflections to notify in writing the results of such resolutions so that the citizen reception agency can inform the citizens.

3. In cases where the citizen reception agency has requested multiple times but the agencies or units responsible for resolving the issues still fail to implement or deliberately refuse to comply, the head of the citizen reception agency has the right to propose recommendations to the immediate superior command of the responsible agencies or units; simultaneously reporting for instructions or measures from their own command.

Article 10. Reporting System

Monthly, quarterly, and annually, the agency assigned the task of receiving citizens must compile and report to their own heads and superiors on the citizen reception work. In urgent situations, timely reports must be made to the heads of the agencies or units and competent authorities for prompt handling.

Article 11. Policies and benefits for personnel working at the citizen reception locations

Personnel engaged in citizen reception work, those assigned tasks to work at citizen reception locations by competent authorities, are entitled to citizen reception allowances and other benefits as prescribed by the Government.

Chapter III

IMPLEMENTING PROVISIONS

Article 12. Responsibilities of Agencies

1. The Military Affairs Department of the General Staff Office shall take the lead and coordinate with the Cadre Department of the Political General Department, the Inspectorate of the Ministry of National Defense, and relevant functional agencies to unify the staffing of dedicated officers and support staff to ensure the operation of citizen reception activities in the Ministry of National Defense.

2. The Finance Department of the Ministry of National Defense shall cooperate with the Inspectorate of the Ministry of National Defense to establish, allocate budgets, and ensure funding for citizen reception activities.

3. The Inspectorate of the Ministry of National Defense

a) Shall take the lead in reviewing and reporting to the Minister of National Defense to issue specific documents implementing the resolutions, plans, and directives of the Politburo, the Government, and the Ministry of National Defense regarding citizen reception work within the Ministry of National Defense;

b) Shall proactively coordinate with the Finance Department of the Ministry of National Defense to establish, allocate budgets, and ensure funding for citizen reception activities;

c) Shall organize mid-term reviews, final summaries, training, and capacity building to enhance knowledge of laws, professional skills, and techniques related to citizen reception work, provide citizen reception record forms and books; research and propose to the State Inspectorate to develop software applications using information technology in the citizen reception system from grassroots to central level;

d) Shall inspect, monitor, urge, and compile the situation of citizen reception work within the Ministry of National Defense and report to the Minister of National Defense, the Chief State Inspector, and the Government as stipulated.

Article 13. Effective Date

This Circular takes effect from June 6, 2016, replacing Circular No. 769/1998/TT-QP dated March 18, 1998 of the Ministry of National Defense on Implementing the Regulations on Organizing Citizen Reception of the Government in the Military and Chapter III on Citizen Reception of Circular No. 218/2013/TT-BQP dated December 19, 2013 of the Ministry of National Defense guiding complaints and resolution of complaints in the Military.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. Heads of agencies and units are responsible for organizing the implementation of the contents of the Complaint Law 2011, the Accusation Law 2011, the Citizen Reception Law 2013, and Decree No. 64/2014/NĐ-CP dated June 26, 2014 of the Government detailing the implementation of certain articles of the Citizen Reception Law; at the same time, implementing citizen reception activities according to the provisions of this Circular.

2. Chiefs of Inspectors at all levels within their scope of responsibilities and authorities are responsible for advising their leadership on citizen reception work; developing specific plans for force deployment, establishing reception offices from construction funds of their agencies or units; organizing regular citizen reception activities in compliance with the law and achieving practical effectiveness.

Any difficulties encountered during implementation should be reported in writing to the Ministry of National Defense (through the Inspectorate of the Ministry of National Defense) for timely guidance and resolution./.