Decree No. 67/1999/ND-CP detailing and guiding the implementation of the Law on Petition and Complaint

 DECREE OF THE GOVERNMENT

Regulations detailing and guiding the implementation of the Law on Petition and Denunciation

___________________________ 

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

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

At the proposal of the State Audit Office,

 

DECREE:

PART I

PETITION, PETITION RESOLUTION OF ADMINISTRATIVE DECISIONS, ADMINISTRATIVE ACTIONS

PETITION AND ADMINISTRATIVE ACTIONS

Section 1

Petition and the handling of petition complaints

Article 1.A petition shall be accepted and resolved by state agencies when it meets all the following conditions:

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

2.The petitioner must be a person with full capacity to act under the Civil Code or a person without full capacity to act but has the right to file a petition according to the law; in cases where the petition is filed through a representative, the representative must comply with the provisions of Article 2 of this Decree;

3.The petitioner must submit a petition complaint to the competent agency within the prescribed time limit as stipulated in the Law on Petition and Denunciation;

4.There must not yet be a final resolution on the petition;

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

Article 2.

1.Citizens who are minors, persons suffering from mental illness or other diseases that prevent them from recognizing and controlling their own actions must file petitions through a legal representative; when filing a petition, the representative must provide proof to the competent state agency regarding their lawful representation;

Persons who are sick, elderly, physically weak, or unable to file a petition due to other objective reasons may entrust a representative such as their parent, spouse, child, sibling over eighteen years old to file the petition; the delegation of the petition must be documented in writing and confirmed by the People's Committee of the commune where the delegator resides or where the delegate resides;

2.Public agencies must file petitions through their head of agency;

3.Organizations must file petitions through their head as specified in the organization's establishment decision or in the organization's charter;

Article 3. In cases where the petitioner cannot file a petition within the prescribed time limit due to illness, natural disasters, wars, business trips, distant studies, or other objective obstacles, the period during which these obstacles exist will not be counted towards the petition time limit; the petitioner must prove the existence of these objective obstacles to the competent state agency;

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

Article 5. When state agencies receive a petition complaint, they shall handle it as follows:

1.For petition complaints within their jurisdiction and meeting the conditions set out in Article 1 of this Decree, the receiving agency must accept and resolve them; if the petition complaint bears signatures of multiple people, the agency must guide the petitioners to write separate complaints;

2.For petition complaints within their jurisdiction but not meeting the conditions for acceptance and resolution as stipulated in Article 1 of this Decree, the agency must respond in writing to inform the petitioner of the reasons;

3.For petition complaints containing both petition and denunciation content, the receiving agency must handle the petition content according to points 1, 2, and 5 of this Article, while the denunciation content must be handled according to Article 43 of this Decree;

4.For petition complaints within the jurisdiction of a lower level agency but not resolved within the prescribed time limit, the higher-level agency receiving the complaint must accept and resolve it;

5.For petition complaints outside their jurisdiction, or complaints about matters already resolved by a final decision, the receiving agency does not have the responsibility to accept them but must notify and guide the petitioner in writing. The notification will only be made once for each petition matter; if the petitioner submits related documents along with the complaint, the receiving agency must return those documents to the petitioner;

Article 6. State agencies receiving petition complaints transferred by National Assembly deputies, People's Council deputies, Vietnam Fatherland Front Committees, member organizations of the Front, or news media, if within their jurisdiction, must accept and resolve them and inform the transferring agency, organization, or individual; if the petition complaint is outside their jurisdiction, they must return it and inform the transferring agency, organization, or individual;

Article 7. State inspection agencies, upon receiving petition complaints within the jurisdiction of the head of the same-level administrative agency, must examine and report to the head of the same-level administrative agency to decide on accepting and resolving the petition complaint;

 

Section 2

Responsibilities of the Head of Administrative State Agencies in Resolving Petitions

in the process of resolving complaints

Article 8.

1.The Chairman of the People's Committee at the commune level is responsible for resolving petitions within their jurisdiction according to the procedures and formalities stipulated in the Law on Petition and Denunciation;

If the petition matter is clear and there is sufficient basis for resolution, the Chairman of the People's Committee at the commune level shall issue a resolution immediately; If the petition matter is unclear and lacks sufficient basis for resolution, the Chairman of the People's Committee at the commune level must conduct investigations, verifications, meetings with the petitioner, the respondent, and interested parties to clarify the petition content and the petitioner's demands before issuing a resolution. Based on the investigation results, verification findings, and legal provisions, the Chairman of the People's Committee at the commune level shall issue a resolution on the petition within the time limit stipulated in the Law on Petition and Denunciation;

Ifthe complaint case has unclear contents and insufficient grounds for resolution, the Chairman of the People's Committee at the commune level must conduct an investigation, verification, meet with the complainant, the person complained against, and those with related rights and interests to clarify the content of the complaint and the demands of the complainant before making a decision to resolve the complaint. Based on the results of the investigation and verification and the provisions of the law, the Chairman of the People's Committee at the commune level shall make a decision to resolve the complaint within the time limit stipulated in the Law on Complaints and Petitions.

2.The Chairman of the People's Committee at the commune level is responsible for sending the resolution on the petition to the petitioner, the respondent, interested parties, and the People's Committee at the district level; if necessary, the resolution on the petition shall be publicly announced.

3.The Chairman of the People's Committee at the commune level shall be responsiblefor implementing and organizing the implementation of decisions on complaints thathave legal effect within the scope of their responsibility.

Article 9. The Heads of agencies under the People's Committee at the district level, theHeads of departments under the provincial department, the Heads of ministries, theHeads of agencies equivalent to ministries, and the Heads of agencies under theGovernment shall be responsible for handling complaints within their jurisdiction.According to the procedures and formalities prescribed in the Law on Complaintsand Petitions, such handling shall proceed as stipulated in Article 8 of this Decree.

Article 10.

1.The Chairman of the People's Committee at the district level shall be responsiblefor handling complaints within their jurisdiction according to the procedures andformalities prescribed in the Law on Complaints and Petitions.

a)For complaints regarding their own administrative decisions or administrativeacts, the Chairman of the People's Committee at the district level shall entrustthe Head of the specialized agency under the People's Committee at the districtlevel or the Inspector General at the district level to examine, conclude, andadvise on the resolution;

b)For complaints against which the Chairman of the People's Committee at thecommune level or the Heads of specialized departments under the People's Committeeat the district level have already resolved but there are still complaints, theChairman of the People's Committee at the district level shall entrust theInspector General at the district level to conduct verification, conclude, andadvise on the resolution;

c)Based on the report of verification, conclusion, and advice on the resolutionof complaints, the Chairman of the People's Committee at the district level shallissue a decision on resolution or delegate the Inspector General at the same level to issue a decision onresolution in accordance with Clause 1, Article 20 of this Decree and within thetime limit prescribed in the Law on Complaints and Petitions.

2.The Chairman of the People's Committee at the district level or the InspectorGeneral at the district level, who has been delegated to issue a decision onresolution, shall bear responsibility for sending the decision on resolution ofcomplaints to the complainant, the person complained against, the person withinterests related, and the People's Committee at the province; if necessary, theyshall publicly announce the decision on resolution of complaints.

3.The Chairman of the People's Committee at the district level shall be responsiblefor implementing and organizing the implementation of decisions on resolution ofcomplaints that have legal effect within the scope of their responsibility; inspectand urge subordinate agencies and units in the implementation of decisions onresolution of complaints that have legal effect.

Article 11.

1.The Director of Departments and equivalents under the People's Committee at theprovince level (referred to collectively as the Department Director) shall be responsiblefor handling complaints within their jurisdiction according to the procedures andformalities prescribed in the Law on Complaints and Petitions.

a)For complaints regarding their own administrative decisions or administrativeacts, or those of directly managed civil servants, the Department Director shallentrust the Head of specialized departments under the Department or the InspectorGeneral of the Department to examine, concludeand advise on the resolution;

b)For complaints against which the Heads of departments have already resolvedbut there are still complaints, the Department Director shall entrust the InspectorGeneral of the Department to conduct verification, conclude, and advise on theresolution;

c)Based on the report of verification, conclusion, and advice on the resolutionof complaints, the Department Director shall issue a decision on resolution withinthe time limit prescribed in the Law on Complaints and Petitions.

2.The Department Director shall be responsible for sending the decision onresolution of complaints to the complainant, the person complained against, theperson with interests related, and the person with authority to resolve subsequentcases; if necessary, they shall publicly announce the decision on resolution ofcomplaints.

3.The Department Director shall be responsible for implementing and organizingthe implementation of decisions on resolution of complaints that have legal effectwithin the scope of their responsibility; inspect and urge subordinate agenciesand units in the implementation of decisions on resolution of complaints that havelegal effect.

Article 12.

1.The Chairman of the People's Committee at the provincial level shall be responsiblefor handling complaints within their jurisdiction according to the procedures andformalities prescribed in the Law on Complaints and Petitions;

a)For complaints regarding their own administrative decisions or administrativeacts, the Chairman of the People's Committee at the provincial level shall entrustthe Head of specialized agencies under the People's Committee at the provinciallevel or the Inspector General at the provincial level to examine, conclude, andadvise on the resolution;

b)For complaints against which the Chairman of the People's Committee at thedistrict level has already resolved but there are still complaints, or complaintsagainst which the Department Director has already resolved but there are stillcomplaints within the scope of their management, the Chairman of the People'sCommittee at the provincial level shall entrust the Inspector General at theprovincial level to conduct verification, conclude, and advise on the resolution;

c)Based on the report of verification, conclusion, and advice on the resolutionof complaints, the Chairman of the People's Committee at the provincial level shallissue a decision on resolution or delegate the Inspector General at the provinciallevel to issue a decision on resolution in accordance with Clause 2, Article 20 ofthis Decree and within the time limit prescribed in the Law on Complaints andPetitions. The decision on resolution for complaints mentioned in Point a, Clause1 of this Article is the first-level decision on resolution of complaints; thedecision on resolution for complaints mentioned in Point b, Clause 1 of this Articleis the final decision on resolution of complaints.

2.The Chairman of the People's Committee at the provincial level or the InspectorGeneral at the provincial level, who has been delegated to issue a decision onresolution, shall bear responsibility for sending the decision on resolution ofcomplaints to the complainant, the person complained against, the person withinterests related; if it is a final decision on resolution of complaints, it shallbe sent to the State Inspector General; if it is a first-level decision onresolution of complaints, it shall be sent to the Minister, the Head of an agencyequivalent to a ministry, or the Head of an agency under the Government withauthority to resolve subsequent cases for the complaint case; if necessary, theyshall publicly announce the decision on resolution of complaints.

3.The Chairman of the People's Committee at the provincial level shall be responsiblefor implementing and organizing the implementation of decisions on resolution ofcomplaints that have legal effect within the scope of their responsibility; inspectand urge subordinate agencies and units in the implementation of decisions onresolution of complaints that have legal effect.

Article 13.

1.The Minister, the Head of an agency equivalent to a ministry, or the Head of anagency under the Government shall be responsible for handling complaints withintheir jurisdiction according to the procedures and formalities prescribed in theLaw on Complaints and Petitions.

a) For administrative decisions or administrative acts of their own, or of cadresand civil servants under their direct management, the Minister, Head of an agencyequivalent to a Ministry, or Head of a government agency shall entrust the Headof the Department, Bureau, functional unit, or Inspector General at the same levelto examine, conclude, and recommend the resolution thereof;

b) For complaints that have been resolved by the Head of a provincial People'sCommittee, Director of a Department, or Head of an agency under a Ministry,agency equivalent to a Ministry, or government agency, but there are stillcomplaints within their jurisdiction to resolve, they shall entrust the InspectorGeneral at the same level to conduct verification, conclude, and recommendresolution thereof;

c) Based on the report of verification, conclusion, and recommendation for theresolution of complaints, the Minister, Head of an agency equivalent to aMinistry, or Head of a government agency shall issue a decision to resolve thecomplaint within the time limit prescribed in the Law on Complaints andPetitions. The decision to resolve the complaint referred to in point a, Clause 1of this Article is the first-time resolution decision; the decision to resolve thecomplaint referred to in point b, Clause 1 of this Article by the Minister, Head ofan agency equivalent to a Ministry is the final resolution decision.

2. The Minister, Head of an agency equivalent to a Ministry, or Head of agovernment agency shall be responsible for sending the decision to resolve thecomplaint to the complainant, the person complained against, persons withrights and interests related thereto, and the State Inspector General; whennecessary, publicly announce the decision to resolve the complaint.

3. The Minister, Head of an agency equivalent to a Ministry, or Head of agovernment agency shall be responsible for implementing and organizing theimplementation of the decision to resolve the complaint having legal effectwithin the scope of their responsibility; inspect and urge agencies and unitsunder their management authority in the implementation of the decision toresolve the complaint that has become legally effective.

Article 14.

1. The State Inspector General shall be responsible for resolving complaints withintheir jurisdiction according to the procedures and formalities stipulated in theLaw on Complaints and Petitions.

2. The State Inspector General is authorized to resolve complaints within thejurisdiction of the Prime Minister; in cases where there are differing opinionsbetween the State Inspector General and the Minister, Head of an agencyequivalent to a Ministry regarding the resolution, the State Inspector Generalshall report to the Prime Minister for guidance on the resolution or to propose thePrime Minister to issue a resolution decision.

Article 15.

1. The person who issued the final resolution decision on the complaint, upondiscovering that such decision violates the law causing damage to the interestsof the State, the lawful rights and interests of citizens, agencies, andorganizations, must review it themselves to ensure that the resolution of thecomplaint complies with the provisions of the law.

2. The Minister, Head of an agency equivalent to a Ministry, or Head of agovernment agency, during the process of performing state managementfunctions, if discovering that the final resolution decision of the Chairman of aprovincial People's Committee violates the law causing damage to the interestsof the State, the lawful rights and interests of citizens, agencies, andorganizations, shall request the person who issued the decision to review thedecision; within 15 days, if the request is not implemented, then apply measureswithin their authority to ensure the request is carried out or report to the PrimeMinister for consideration and decision.

3. The State Inspector General, during the inspection and supervision of theenforcement of laws on complaints and petitions, if discovering that the finalresolution decision violates the law causing damage to the interests of theState, the lawful rights and interests of citizens, agencies, and organizations,shall request the person who issued the decision to review the decision; within15 days, if the request is not implemented, then apply measures within theirauthority to ensure the request is carried out or propose the Prime Minister toconsider and decide.

4. The time limit for requesting a review of the final resolution decision on thecomplaint as prescribed in Clause 2 and Clause 3 of this Article is twelve months,starting from the date the decision becomes effective.

Article 16. The Prime Minister shall direct the resolution or issue a resolution decision onthe complaint when there is a proposal from the State Inspector General asprescribed in Clause 2, Article 14 of this Decree.

Upon discovering that the final resolution decision on the complaint violates thelaw causing damage to the interests of the State, the lawful rights and interestsof citizens, agencies, and organizations, the Prime Minister shall direct theperson who issued the decision to resolve it or entrust the State InspectorGeneral, Minister, Head of an agency equivalent to a Ministry, or Head of agovernment agency to review and report to the Prime Minister for decision.

Article 17.

1. The Head of a state agency shall be responsible for directing, inspecting, andurging subordinate agencies and units to promptly resolve complaints withintheir jurisdiction.

2. The Head of a state agency, upon receiving a complaint within the jurisdictionof their immediate subordinate but not resolved within the prescribed timeperiod, shall be responsible for accepting and resolving the complaint, whilealso applying measures within their authority or proposing the competentauthorities to handle those responsible for negligence or intentionally delayingthe resolution of the complaint.

Article 18. The person resolving the complaint must issue a decision to resolve thecomplaint as prescribed in Articles 38 and 45 of the Law on Complaints andPetitions; they may not use notifications, meeting minutes, or other forms ofdocuments to replace the decision to resolve the complaint. other to replace the decision to resolve the complaint.

Article 19.

1. During the process of resolving the complaint, if finding the case complex andthe enforcement of the decision to resolve the complaint may encounterdifficulties, the person resolving the complaint shall convene the complainant, theperson complained against, and when necessary, invite persons with lawfulrights and interests related thereto and representatives of relevant agencies topublicly announce the decision to resolve the complaint.

2. When publicly announcing the decision to settle complaints, the complaint resolver shall notify the content of the complaint, the results of examination and verification, the legal basis for settling the complaint, and the resolution of specific issues within the content of the complaint; clearly specify the responsibilities of the complainant, the respondent, and those with legitimate rights and interests related to the implementation of the decision to settle the complaint.

 

Section 3

Delegation to resolve complaints

Article 20.

1. The Chairman of the People's Committee at the district level shall issue a decision to settle the complaint or delegate the Director of the Inspectorate at the district level to issue a decision to settle the complaint for cases where the Chairman of the People's Committee at the commune level has already settled but there is still a complaint, except for complex and protracted cases.

2. The Chairman of the People's Committee at the provincial level shall issue a decision to settle the complaint or delegate the Director of the Inspectorate at the provincial level to issue a decision to settle the complaint for cases where the Chairman of the People's Committee at the district level has already settled but there is still a complaint, except for complex and protracted cases.

3. The delegation to issue a decision to settle the complaint as stipulated in Clause 1 and Clause 2 of this Article must be in writing. The delegation document shall be kept in the file of the complaint settlement.

Article 21. The Prime Minister delegates the State Auditor General to settle complaints within the Prime Minister's jurisdiction. In case of differing opinions between the State Auditor General and the Minister or Head of a ministry-equivalent agency regarding the settlement of complaints, the State Auditor General shall report to the Prime Minister for guidance on the settlement or issuance of a decision to settle the complaint.

Article 22.

1. The delegator is responsible for urging and inspecting the complaint settlement work of the delegatee and bears legal responsibility for the decision to settle the complaint issued by the delegatee.

2. The delegatee shall perform the duties and powers of the subsequent complaint resolver as prescribed in Articles 42 and 44 of the Law on Complaints and Petitions and bear legal responsibility before the delegator for their own complaint settlement.

3. The decision to settle the complaint issued by the delegatee shall bear the seal of the delegatee's agency and have the same legal effect as the decision to settle the complaint issued by the delegator; the decision to settle the complaint issued by the State Auditor General or the Director of the Inspectorate at the provincial level when delegated is the final decision.

 

Section 4

Implementation of the decision to settle complaints

Article 23. The decision to settle complaints that has legal force must be strictly complied with by individuals, agencies, and organizations; the person who issued the decision to settle the complaint is responsible for urging, inspecting, and applying necessary measures within their authority or requesting competent state agencies to apply necessary measures to ensure strict enforcement of the decision to settle the complaint. In necessary cases, the person who issued the decision to settle the complaint may request relevant functional agencies to cooperate in organizing the strict enforcement of the decision to settle the complaint that has legal force.

Article 24. Based on the content of the decision to settle the complaint made by the competent authority, the Head of the administrative agency having the administrative decision or administrative act complained about shall be responsible for:

1. Issuing an administrative decision to replace or amend the complained administrative decision and organize its implementation, terminate the complained administrative act if the complaint content is correct; compensate for losses, restore legitimate rights and interests for the aggrieved party according to the law;

2. Explain and require the complainant to strictly comply with the decision to settle the complaint if the complaint content is incorrect; in necessary cases, request relevant agencies to implement measures within their authority to ensure strict enforcement of the decision to settle the complaint that has legal force.

Article 25. The Head of the superior state administrative agency is responsible for inspecting and urging the Head of the subordinate state administrative agency that has issued the complained administrative decision or administrative act to fulfill the responsibilities prescribed in Article 24 of this Decree; if the responsible person does not strictly comply with the decision to settle the complaint, measures within their authority shall be applied to compel them to comply; handle or recommend the competent authority to handle the person who does not enforce the decision to settle the complaint that has legal force.

Article 26. The Heads of relevant state administrative agencies must implement the content of the decision to settle the complaint related to their responsibility; coordinate with the Heads of agencies mentioned in Articles 24 and 25 of this Decree to organize the enforcement of the decision to settle the complaint.

 

Chapter II

COMPLAINTS AND SETTLEMENT OF COMPLAINTS REGARDING DISCIPLINARY DECISIONS FOR CIVIL SERVANTS

IN STATE ADMINISTRATIVE AGENCIES

Section 1

Competence to settle complaints about disciplinary decisions

Article 27. Complaints about disciplinary decisions of The Head of which agency signs to promulgate shall be responsible for settling; in case of continued complaints, the Head of the directly superior agency shall be responsible for settling.

Article 28.

1. The Chairman of the People's Committee at the district level and the Director of the Department have the competence to settle complaints about disciplinary decisions signed by themselves.

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

a) To settle complaints about disciplinary decisions signed by themselves;

b) To settle complaints about disciplinary decisions that the Chairman of the People's Committee at the district level or the Director of the Department has initially settled but there are still complaints. This decision to settle the complaint is the final decision.

Article 29. The Minister, the Head of a ministry-equivalent agency, and the Head of an agency under the Government have the competence:

1. To settle complaints about disciplinary decisions signed by themselves;

2. To settle complaints about disciplinary decisions that the Head of an agency under the Ministry, under a ministry-equivalent agency, or under the Government has initially settled but there are still complaints. This decision to settle the complaint is the final decision.

Article 30. The Minister and the Head of the Civil Service Organization and Cadre Affairs Board of the Government have the competence:

1. To settle complaints about disciplinary decisions signed by themselves;

2. The decision to address complaints regarding disciplinary decisions made by the Chairman of the Provincial People's Committee, the Head of Government agencies, which have been resolved initially but still have complaints, except for complaints that have been decided upon by the Head of Government agencies who are Ministers. This complaint resolution decision is the final decision.

Article 31. The Prime Minister authorizes the Minister, the Director of the Government Organization and Cadre Management Board to resolve complaints about disciplinary decisions made by Ministers, Heads of agencies equivalent to Ministries, which have been resolved initially but still have complaints; in cases where there are differing opinions between the Minister, the Director of the Government Organization and Cadre Management Board and the Minister, Head of agency equivalent to a Ministry, the Minister, Director of the Government Organization and Cadre Management Board shall propose recommendations to the Prime Minister for guidance on resolving the matter or issue a decision to resolve the complaint; the complaint resolution decisions mentioned in this Article are final decisions.

Article 32. The Head of State administrative agencies has the responsibility to resolve complaints regarding disciplinary decisions within their authority; in necessary cases, they may entrust personnel management agencies or inspection agencies at the same level to conduct investigations, conclusions, and recommend resolutions.

 

Section 2

Procedure for resolving complaints about disciplinary decisions

Article 33. The person who issued the disciplinary decision for civil servants, upon receiving a complaint against that disciplinary decision, must review and issue a written decision to resolve the complaint according to the procedures stipulated in the Law on Complaints and Petitions.

Article 34. In cases where a civil servant disciplined does not agree with the initial complaint resolution decision and appeals further, the subsequent authority responsible for resolving the complaint must review and issue a written decision to resolve the complaint according to the provisions of Article 53 of the Law on Complaints and Petitions.

Article 35. A civil servant holding a position from deputy department head or equivalent, who is disciplined with dismissal, after appealing and the initial authority responsible for resolving the complaint maintains the original form of disciplinary action, within thirty days from the date of receipt of the complaint resolution decision, has the right to appeal to the next authority responsible for resolving the complaint or initiate an administrative lawsuit at the court according to the law.

Article 36. The Minister, the Director of the Government Organization and Cadre Management Board bases on the provisions of the Law on Complaints and Petitions, this Decree, and other laws concerning cadres and civil servants to provide detailed guidance on resolving complaints about disciplinary decisions for civil servants in state administrative agencies.

 

Chapter III

PETITION AND SETTLEMENT OF PETITIONS

Section 1

Authority to Resolve Complaints

Article 37. The agency managing the person being accused of violating the law has the responsibility to resolve the accusation.

The agency managing the person violating regulations on duties and public service responsibilities has the responsibility to resolve the accusation.

The agency directly above the agency managing the person standing at the head or deputy positions of the head has the responsibility to resolve the accusation of violating regulations on duties and public service responsibilities.

Article 38. The agency managing the functions of state administration related to the content of the violation of the law has the responsibility to resolve the accusation.

Criminal offenses resulting from violations of the law are resolved by the agencies conducting criminal proceedings according to the provisions of the Criminal Procedure Law.

Article 39.

1. The Chairman of the People's Committee at the commune level has the authority to resolve accusations of violations of the law by people under his direct management.

2. The Chairman of the People's Committee at the district level has the authority to resolve accusations of violations of the law by the Chairmen, Deputy Chairmen of the People's Committees at the commune level, Heads, Deputy Heads of Departments, Heads, Deputy Heads of Bureaus under the People's Committee at the district level, and others appointed and directly managed by him.

3. The Director of the Department has the authority to resolve accusations of violations of the law by Heads, Deputy Heads of Departments under the Department and others appointed and directly managed by him.

4. The Chairman of the People's Committee at the provincial level has the authority to resolve accusations of violations of the law by Chairmen, Deputy Chairmen of the People's Committees at the district level, Directors, Deputy Directors of Departments, and others appointed and directly managed by him.

5. The Minister, the Head of agencies equivalent to Ministries, the Head of Government agencies has the authority to resolve accusations of violations of the law by heads, deputies of heads of agencies, units under Ministries, agencies equivalent to Ministries, agencies under the Government, and others appointed and directly managed by him.

6. The Prime Minister has the authority to resolve accusations of violations of the law by Ministers, Deputy Ministers, Heads, Deputy Heads of agencies equivalent to Ministries, Heads, Deputy Heads of Government agencies, Chairmen, Deputy Chairmen of the People's Committees at the provincial level, and others appointed and directly managed by him.

Article 40.

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

a) To investigate, conclude the content of the accusation, and recommend measures to handle the accusation within the authority to resolve complaints of the Chairman of the People's Committee at the district level when assigned;

b) To review, conclude the content of the accusation that the Chairman of the People's Committee at the commune level has resolved but there are violations of the law; in cases where the conclusion of the resolution involves violations of the law, to recommend the person who resolved it to review and resolve again.

2. The Inspector General of the Department has the authority:

a) To investigate, conclude the content of the accusation, and recommend measures to handle the accusation within the authority to resolve complaints of the Director of the Department when assigned;

b) To review, conclude the content of the accusation that the Head of the agency under the Department has resolved but there are violations of the law; in cases where the conclusion of the resolution involves violations of the law, to recommend the person who resolved it to review and resolve again.

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

a) To investigate, conclude the content of the accusation, and recommend measures to handle the accusation within the authority to resolve complaints of the Chairman of the People's Committee at the provincial level when assigned;

b) To review, conclude the content of the accusation that the Chairman of the People's Committee at the district level, the Director of the Department has resolved but there are violations of the law; in cases where the conclusion of the resolution involves violations of the law, to recommend the person who resolved it to review and resolve again.

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

a) Examine and conclude on the content of complaints, propose measures to handlecomplaints within the authority to resolve of the Minister, Head of a ministryequivalent to a minister, Head of an agency under the Government when assigned;

b) Examine and conclude on the content of complaints that have been resolved by theHead of an agency under a ministry, under a ministry equivalent, under theGovernment but there has been a violation of laws; in case the conclusion isthat the resolution violated the law, propose that the person who resolved itreview and resolve again.

Article 41. The State Auditor has the authority:

1. Verify and conclude on the content of complaints, propose measures to handlecomplaints within the authority to resolve of the Prime Minister when assigned;

2. Examine and conclude on the content of complaints that have been resolved by theminister, Head of a ministry equivalent, Head of an agency under the Government,Chairman of the People's Committee at provincial level but there has been aviolation of laws; in case the conclusion is that the resolution violated thelaw, propose that the person who resolved it review and resolve again.

Article 42. Within thirty days from the date of receiving the proposal of the inspectionagency as prescribed in point b of clauses 1, 2, 3, 4 Article 40 and clause 2Article 41 of this Decree, the Head of the state agency which resolved thecomplaint shall be responsible for implementing and reporting the result to theinspection agency that made the proposal.

 

Section 2

Complaint Resolution Procedures

Article 43.

1. A state agency receiving a complaint letter shall be responsible for classifyingand handling as follows:

a) If the complaint falls within its authority to resolve, it must accept andresolve according to the prescribed procedures and formalities in the Law onPetitions and Complaints and this Decree;

b) If the complaint does not fall within its authority to resolve, it must transferthe complaint letter or the record of the complaint and related evidence (ifany) to the competent authority to resolve no later than ten days from thereceipt date;

c) If the complaint letter does not clearly state the name, address of thecomplainant but the content is clear, with specific evidence, and there is abasis for verification and investigation, the Head of the competent stateagency shall decide on examining and handling the complaint letter;

d) If the complaint involves criminal behavior, it shall be transferred to theinvestigation agency or the prosecution agency for handling according toArticle 71 of the Law on Petitions and Complaints.

2. In cases where the complained behavior causes serious damage or threatens tocause serious damage to the interests of the State, collective bodies, or thelives and property of citizens, the agency receiving the complaint mustimmediately report to the competent authority to take preventive measures.

3. In cases where the Head of state agencies at all levels receives informationthat the complainant is being threatened, persecuted, or retaliated against,they must take responsibility for directing or coordinating with relevantauthorities to clarify the situation, protect the complainant, prevent suchactions, and propose that the competent authority handle those who threaten,persecute, or retaliate against the complainant according to the law.

Article 44. In cases where the complainant presents their complaint directly, the recipientmust record the content of the complaint, the name, and address of thecomplainant; if necessary, they must record the voice of the complaint. The recordof the complaint content must be read back, listened to, and signed forconfirmation by the complainant. Handling direct complaints is carried out asprescribed in Article 43 of this Decree.

Article 45. When receiving information and materials provided by the complainant, theperson complained against, organizations, individuals, the person handling thecomplaint must issue a receipt, signed by both the recipient and the provider.

Article 46. The person authorized to resolve complaints or the Head of the agency taskedwith investigating must issue a decision regarding the conduct of aninvestigation into the content of the complaint; the decision must clearly statewho is tasked with the investigation, the content to be investigated, the timefor conducting the investigation, the powers and responsibilities of theperson tasked with the investigation.

Article 47. During the process of resolving complaints, the person tasked withinvestigating must create conditions for the person complained against toexplain, present evidence to prove the correctness or incorrectness of thecontent of the complaint.

Article 48. Collecting evidence during the investigation and resolution of complaints mustbe recorded in writing and kept in the complaint resolution file.

After completing the investigation, the person tasked with the investigationmust issue a conclusion on the content of the complaint and provide evidenceto support their conclusion.

Article 49. Based on the results of the investigation and conclusions on the content of thecomplaint, the person handling the complaint will proceed to handle asfollows:

1. In cases where the person complained against has not violated the law orregulations concerning duties and public service then a clear conclusion must be made and reported in writing to the personcomplained against and the management agency of the person complainedagainst, while also handling or proposing the competent state agency tohandle those who maliciously make false complaints;

2. In cases where the person complained against has violated the law, violated regulations concerning duties and public service disciplinary action or administrative penalties must be taken according toauthority or proposed to the competent state agency to handle, whileimplementing measures according to the law to ensure strict compliance withthe decision or proposal for handling;

3. In cases where the complained behavior indicates a crime, the case file mustbe transferred to the investigation agency or the prosecution agency forhandling according to the criminal procedure law.

Article 50. The person handling the complaint must send the conclusion on the complaintcase and the decision on handling the complaint to the inspection agency andthe superior state agency; notify the complainant of the resolution result ifrequested, except for contents classified as state secrets.

 

Chapter IV

ORGANIZING CITIZEN GREETINGS

Article 51. Receiving citizens coming to lodge petitions, complaints, submit petitionletters, and complaint letters is conducted at the citizen reception venue.

The Head of a state agency must organize and manage the citizen receptionvenue of their agency; promulgate citizen reception rules; arrange the citizenreception venue at a convenient location; ensure necessary material conditionsto allow citizens to present petitions, complaints, suggestions, and feedbackrelated to petitions and complaints.

At the place for receiving citizens, the schedule for receiving citizens and the regulations for receiving citizens must be posted. The schedule for receiving citizens must specify the time and the position of the person receiving citizens. The regulations for receiving citizens must clearly state the responsibilities of the person receiving citizens, as well as the rights and obligations of the citizen making complaints or reports.

Article 52.

1.The head of a state agency shall directly receive citizens on a regular basis in accordance with Article 76 of the Law on Complaints and Reports; the schedule for receiving citizens must be publicly announced to inform citizens.

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

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

4.The reception of citizens by the head of a state agency must be recorded in a logbook and kept at the place for receiving citizens.

Article 53. The person receiving citizens must have a logbook to record and monitor the reception of citizens; they must require citizens making complaints or reports to present identification documents, truthfully describe the matter, and provide relevant materials related to the complaint or report; in cases where multiple people come to complain or report about the same issue, they must ask them to elect a representative to directly present the content of the matter.

Article 54. The handling of complaints and reports at the place for receiving citizens shall be conducted as follows:

1.For complaint letters, they shall be handled according to Article 5 of this Decree; in cases where citizens come to make direct complaints and the complaint falls within the jurisdiction of the agency, the person receiving citizens shall guide them to write a formal letter or record the content of the complaint and require the citizen to sign or affix a fingerprint; if the complaint does not fall within the jurisdiction of the agency, they shall guide the citizen to file the complaint with the competent authority.

2.For reports, the person receiving citizens must accept, classify, and handle them according to Articles 43, 44, and 45 of this Decree.

Article 55. State Audit Offices at all levels, agencies such as Public Security, Defense, Customs, Commerce, Planning and Investment, Construction, Finance, Labor - Invalids and Social Affairs, Organization and Cadres, Transportation, Health, Education and Training, Agriculture and Rural Development, Land Administration at the central and provincial levels shall be responsible for organizing regular receptions of citizens.

Other state agencies shall arrange time for receiving citizens based on the provisions of Chapter V of the Law on Complaints and Reports, this Decree, and the situation of complaints and reports related to their managed sectors or fields.

Article 56.

1.The organization of receptions of citizens by the Central Party and State at the Citizen Reception Office in Hanoi and Ho Chi Minh City shall be implemented according to Decree No. 89/CP dated August 7, 1997 issued by the Government regarding the Regulations on Organizing Receptions of Citizens.

2.The Chairman of the People's Committee at the provincial level shall arrange a common location for the People's Council, People's Committee, Delegation of National Assembly Members, representatives of political organizations to receive citizens making complaints or reports; appoint a deputy director-level officer or equivalent to be responsible for the reception office to organize regular citizen reception systems.

Article 57. For those who come to make complaints or reports and engage in disruptive behavior that affects public security, social order, or the normal operation of state agencies or individuals responsible, or commit other violations of the law on complaints and reports, the head of the state agency or the person in charge of the reception office shall request the local public security agency to take measures to handle the situation in accordance with the law.

Article 58. The head of a state agency shall be responsible for closely coordinating with the head of the public security agency to ensure order and safety at the place for receiving citizens.

The People's Committees at the commune level and public security agencies in localities shall be responsible for ensuring the safety of citizen reception offices of agencies under their management; in necessary cases, they may apply measures within their authority to handle those who abuse complaints or reports and violate the law at the reception office.

The Minister of Public Security shall direct public security forces to cooperate with state agencies in protecting order and safety at citizen reception offices and dealing with violators at these locations.

 

Chapter V

STATE MANAGEMENT OF COMPLAINT AND REPORT RESOLUTION WORK

Article 59. The State Audit Office shall be responsible before the Government for implementing state management over complaint and report resolution work within the scope of the Government's authority. The content of state management over complaint and report resolution work includes:

1.Preparing draft laws on complaints and reports for the Government to submit to the National Assembly or the Standing Committee of the National Assembly for promulgation; submitting draft guiding documents for implementation of laws on complaints and reports to the Government for issuance;

2.Promoting and disseminating laws on complaints and reports;

3.Issuing guiding documents within its authority for ministries, ministerial-level agencies, government agencies, provincial-level People's Committees, central-level People's Committees, and state audit offices at various levels and sectors on complaint and report resolution work;

4.Supervising and inspecting at various levels and sectors in the implementation of laws on complaints and reports;

5.Resolving complaints and reports within its authority;

6.Training and enhancing officials and civil servants engaged in citizen reception, complaint, and report resolution work;

7.Summarizing the situation of complaints and reports and their resolution; reporting to the Government periodically or urgently;;

8.Summarizing experiences in complaint and report resolution work.

Article 60. Ministries, ministerial-level agencies, government agencies, and People's Committees at all levels shall implement state management over complaint and report resolution work within their respective jurisdictions; guiding, urging, and inspecting subordinate agencies and organizations in the implementation of laws on complaints and reports; implementing reporting systems on complaint and report resolution work as stipulated in Article 61 of this Decree.

Article 61. The Chairperson of People's Committees at all levels shall be responsible for coordinating with the People's Procuracy and local courts within their scope of functions, tasks, and authorities in handling complaints and denunciations; creating conditions for agencies of the National Assembly, People's Councils, National Assembly deputies, Delegations of National Assembly deputies, People's Council deputies, the Vietnam Fatherland Front Committee, member organizations of the Front, and people's supervisory organizations to monitor the enforcement of laws on complaints and denunciations at the local level; regularly reporting on complaint and denunciation resolution work to the same-level People's Council, administrative state agencies, and higher-level State Inspection agencies, while simultaneously informing the same-level Vietnam Fatherland Front Committee.

Article 62.

1. Every three months, no later than the 15th day of the last month of each quarter, the Minister, Head of a ministry-equivalent agency, Head of an agency under the Government, and Chairman of a provincial-level People's Committee directly under the central government shall report to the Prime Minister (through the State Inspector General) on the work of handling complaints and denunciations within their respective management scopes.

2. The State Inspector General shall compile the situation of handling complaints and denunciations within the management scope of the Government and report regularly at the regular meetings of the Government in the first month of each quarter, or report urgently when requested by the Prime Minister; regularly inform the Central Committee of the Vietnam Fatherland Front about the work of handling complaints and denunciations.

3. In cases deemed necessary, the State Inspector General may propose the Prime Minister to convene meetings of central and local agencies' leaders to discuss measures to address complex complaints and denunciations involving multiple sectors and localities, for the Prime Minister's consideration and direction.

Article 63. Responsibilities of the Ministry of Science and Technology State Inspectors at all levels and sectors shall be responsible for:

1. Guiding agencies, organizations, and units at the same level in receiving citizens, processing complaint and denunciation letters, resolving complaints and denunciations, and implementing decisions on complaint resolution and denunciation handling;

2. Inspecting and auditing the responsibility of Heads of agencies, organizations, and units subordinate to the same-level Head in receiving citizens and resolving complaints and denunciations; if necessary, proposing the same-level Head to convene meetings of subordinate agency, organization, and unit Heads to suggest organizational measures and directions to handle complex complaints and denunciations;

3. Taking action or recommending competent authorities to take action against violations of laws on complaints and denunciations upon discovery thereof;

4. Proposing measures to improve the work of handling complaints and denunciations within the management scope of the same-level Head;

5. Compiling the situation of complaints and denunciations and their resolution within the responsibility of the same-level Head; implementing monthly reporting according to regulations of the State Inspector General.

 

Chapter VI

VIOLATION OF LAWS ON COMPLAINTS AND DENUNCIATIONS

Article 64. Agencies, organizations, individuals who have outstanding achievements in handling complaints and denunciations, and complainants who prevent damage to the State, organizations, or individuals shall be rewarded according to State regulations.

Article 65. Heads of state agencies within their scope of functions, tasks, and authorities shall be responsible for:

1. Issuing decisions to temporarily suspend the implementation of decisions on complaint resolution and denunciation handling made by subordinate agency Heads when discovering violations in the resolution process;

2. Issuing decisions to temporarily suspend the duties of civil servants under their management who obstruct or fail to comply with decisions on complaint resolution and denunciation handling, or fail to comply with requests from State Inspection agencies and higher-level state agencies in complaint and denunciation resolution; applying other disciplinary measures to persons committing any of the acts stipulated in Articles 96, 97, and 100 of the Law on Complaints and Denunciations.

Article 66. Civil servants committing any of the acts stipulated in Articles 96, 97, 98, 99, and 100 of the Law on Complaints and Denunciations, causing serious consequences, shall be criminally prosecuted; if not reaching the level of criminal prosecution, they shall be disciplined according to the nature and degree of violation through one of the following disciplinary forms:

1. Reprimand;

2. Warning;

3. Reduction in pay grade;

4. Reduction in rank;

5. Dismissal from position;

6. Forced resignation.

Article 67. Civil servants causing damage due to violations of laws on complaints and denunciations must compensate; compensation shall be carried out according to Decree No. 47/CP dated May 3, 1997 of the Government on the settlement of compensation for damages caused by state civil servants and officials involved in litigation proceedings, Decree No. 97/1998/NĐ-CP dated November 17, 1998 of the Government on disciplinary actions and material responsibilities for civil servants, and other relevant legal provisions.

Article 68.

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

2. If a Head of a state agency is negligent and fails to apply necessary measures to implement decisions on complaint resolution and denunciation handling, they shall be subject to disciplinary action; if causing serious consequences, they shall be criminally prosecuted.

Article 69. Any person committing any of the acts stipulated in Article 100 of the Law on Complaints and Denunciations, if not reaching the level of criminal offense, shall be warned or fined, or otherwise dealt with according to Decree No. 49/CP dated August 15, 1996 of the Government on administrative penalties in the field of security and public order, and other relevant legal provisions on administrative violations.

Persons receiving citizens and resolving complaints and denunciations have the right to issue records, request competent authorities to impose administrative penalties on persons violating laws on complaints and denunciations. The Chairman of the People's Committee and local police agencies shall base on these records and requests to handle matters within their authority and notify the results of such handling to the requesting party within 15 days from receipt of the request.

 

Chapter VII

IMPLEMENTING PROVISIONS

Article 70. The complaints and handling of complaints from individuals, agencies, and organizations of foreign countries, as well as the denunciations and handling of denunciations from foreign individuals residing, studying, or working in Vietnam shall be governed by the provisions of the Law on Complaints and Denunciations and this Decree.

Article 71. Complaints, denunciations, and the handling of complaints and denunciations in state-owned enterprises shall be governed by the provisions of the Law on Complaints and Denunciations and this Decree, except for complaints related to the performance of labor contracts.

Administrative decision complaints arising from management and operation activities of superiors against subordinates according to administrative hierarchy shall not be resolved pursuant to the provisions of this Decree.

Article 72. Complaints and denunciations that have been accepted for handling, are being examined and resolved before January 1, 1999, and have not yet received a final resolution decision shall continue to be resolved in accordance with the provisions of the Law on Complaints and Denunciations and this Decree.

Article 73. The State Auditor General, the Minister, the Head of a ministry-level agency, the Head of an agency under the Government, and the Chairman of the People's Committee of a province or centrally administered city shall be responsible for organizing the implementation of this Decree.

The Minister of National Defense and the Minister of Public Security shall issue detailed guidance on the handling of complaints and denunciations in the military and police based on the provisions of this Decree after coordinating with the State Auditor General.

Article 74. This Decree takes effect fifteen days from the date of signature.

Decision No. 38/HĐBT dated January 28, 1992 of the Council of Ministers on the implementation of the Ordinance on Complaints and Denunciations of Citizens in 1991 ceases to be effective.

All previous regulations contrary to this Decree are hereby abolished./.