Decree No. 75/2012/ND-CP detailing certain provisions of the Law on Petitions

 DECREE

Detailed provisions on certain articles of the Law on Petitions

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

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

At the proposal of the Government Inspector General;

The Government promulgates this Decree to provide detailed provisions on certain articles of the Law on Petitions,

PART I

GENERAL PROVISIONS

Article 1.

Scope of application

This Decree provides detailed provisions on the following articles of the Law on Petitions:

1. Clause 2, Article 3 regarding petitions and resolution of petitions in public service units and state-owned enterprises;

2. Clause 4, Article 8 regarding multiple persons petitioning about the same content;

3. Articles 23, 24, and 26 concerning reconsideration of petition resolutions that violate the law;

4. Clause 3, Article 41 regarding the publication of decisions resolving petitions;

5. Clause 4, Article 46 regarding enforcement of decisions resolving petitions that have legal force; Clause 2, Article 58 regarding enforcement of decisions resolving petitions against disciplinary decisions for civil servants with legal force;

Chapter V on receiving citizens.

Article 2.

Applicability

This Decree applies to agencies, organizations, Vietnamese citizens; agencies, organizations, and individuals from foreign countries in Vietnam in petitioning administrative decisions, administrative acts, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Chapter II

PETITIONS AND RESOLUTION OF PETITIONS IN PUBLIC SERVICE UNITS AND STATE-OWNED ENTERPRISES

Article 3. Petitions and resolution of petitions of administrative decisions, administrative acts in public service units and state-owned enterprises

1. Petitioning administrative decisions, administrative acts in public service units and state-owned enterprises is the act of citizens, agencies, organizations, civil servants, officials, employees in public service units and state-owned enterprises (hereinafter referred to collectively as the petitioner) requesting the public service unit, state-owned enterprise, person with authority within the unit, enterprise to review administrative decisions, administrative acts when there is evidence indicating that such decisions or acts are contrary to the law, infringing upon their lawful rights and interests, in accordance with the procedures stipulated in the Law on Petitions and this Decree.

2. The head of the public service unit, the legal representative of the state-owned enterprise has the authority to resolve the first-level petition against administrative decisions, administrative acts made by themselves, civil servants, officials, employees under their direct management.

3. The head of the higher-level public service unit directly above has the authority to resolve the second-level petition against administrative decisions, administrative acts resolved by the head of the public service unit according to the provisions of Clause 2 of this Article but still subject to petition; for public service units without a higher-level public service unit directly above, the head of the state agency managing the public service unit has the authority to resolve the second-level petition.

For petitions against administrative decisions, administrative acts of public service units established by the Prime Minister, the Minister, the Head of an equivalent ministry managing the national sector, field is the person with the authority to resolve the second-level petition.

4. The legal representative of the higher-level state-owned enterprise directly above has the authority to resolve the second-level petition against administrative decisions, administrative acts resolved at the first level by the legal representative of the lower-level state-owned enterprise but still subject to petition.

For state-owned enterprises established by the Minister, the Chairman of the People's Committee of a province/city, the Minister, the Chairman of the People's Committee of a province/city has the authority to resolve the second-level petition.

For state-owned enterprises established by the Prime Minister, the Minister, the Head of an equivalent ministry managing the main business sector of the enterprise has the authority to resolve the second-level petition.

5. The rights and obligations of the petitioner, the respondent, the resolver of the petition, the statute of limitations for petitions, the time limit for resolving petitions, the procedure, and the process for resolving petitions of administrative decisions, administrative acts in public service units and state-owned enterprises shall be implemented in accordance with the provisions of the Law on Petitions and this Decree.

Article 4. Complaints and resolution of disciplinary decision complaints for civil servants, officials in public service units, and workers in state-owned enterprises

1. The complaint process for disciplinary decisions against cadres, civil servants, officials; the statute of limitations for complaints; the time limit for resolving complaints; the authority to resolve complaints; the procedures and formalities for resolving complaints regarding disciplinary decisions of civil servants, officials in public service units, and workers in state-owned enterprises shall be implemented according to the provisions on complaints and resolution of disciplinary decision complaints for cadres and civil servants in Chapter IV of the Law on Complaints and this Decree.

2. For complaints about disciplinary decisions against the heads of public service units and the legal representatives of state-owned enterprises appointed by the Prime Minister, the Minister of Home Affairs shall have the authority to resolve such complaints.

Chapter III

MULTIPLE PERSONS COMPLAINING ABOUT THE SAME MATTER

PART 1. APPOINTING A REPRESENTATIVE TO PRESENT THE COMPLAINT

Article 5. Number of representatives

1. When multiple persons complain about the same matter, they must appoint a representative to present the complaint. The representative must be one of the complainants.

2. The appointment of representatives is carried out as follows:

a) In cases where there are from 5 to 10 complainants, one or two representatives may be appointed;

b) In cases where there are 10 or more complainants, additional representatives may be appointed, but not exceeding five representatives.

Article 6. Appointment document for representatives

1. The appointment of a representative to present the complaint, as stipulated in Point a and Point b Clause 4 Article 8 of the Law on Complaints, shall be evidenced in writing.

2. The document appointing a representative to file a complaint must include the following contents:

a) Date, month, year;

b) The name, address of the representative presenting the complaint, and the complainants;

c) Content and scope of representation;

d) Signature or thumbprint of the complainants;

đ) Other related contents (if any).

3. The representative must bear responsibility under the law for the legality of the representation and the appointment document.

PART 2. RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS IN COOPERATING TO HANDLE SITUATIONS WHERE MULTIPLE PERSONS COMPLAIN ABOUT THE SAME MATTER

Article 7. Responsibilities of authorities, organizations, and individuals in cooperating to handle situations where multiple persons complain about the same matter at commune, ward, town level

1. When multiple persons complain about the same matter at commune, ward, town level, the Chairman of the People's Committee of the commune, ward, town (collectively referred to as the Chairman of the People's Committee at the commune level) shall have the responsibility:

a) To assign staff to meet with the representatives of the complainants to hear their presentation of the complaint content. In complex complaint cases, the Chairman of the People's Committee at the commune level shall chair and coordinate with the Vietnam Fatherland Front and related political-social organizations to meet and hear the representatives of the complainants present their complaint content;

b) To direct the police force at the commune level to maintain public order at places where complainants gather;

c) Persuading and guiding complainants to file complaints in accordance with the provisions of the law on complaints.

2. The Head of the police force at the commune level shall have the responsibility to chair and coordinate with security forces and neighborhood watch groups to maintain public order at places where complainants gather; to handle violations according to the law.

3. The Chairman of the People's Committee at the commune level shall handle and resolve the complaint according to the provisions of the Law on Complaints within his jurisdiction; if the complaint does not fall within his jurisdiction, he shall guide citizens to the competent state agency for resolution.

Article 8. Responsibilities of authorities, organizations, and individuals in cooperating to handle situations where multiple persons complain about the same matter at district, town, city under province level

1. The head of the agency where the complainants gather shall have the responsibility to appoint staff or directly meet with the representatives of the complainants to hear their presentation of the complaint content. If the complaint case falls within his jurisdiction, the head of the agency shall handle and resolve it according to the law; if the complaint case does not fall within his jurisdiction, he shall guide the complainants to the competent agency for resolution.

2. The person responsible for citizen reception work at the district level where the complainants gather shall have the responsibility:

a) To chair or advise the Chairman of the People's Committee of the district, town, city under province (collectively referred to as the Chairman of the People's Committee at the district level) to meet with the representatives of the complainants;

b) When necessary, to request the Chairman of the People's Committee at the commune level where the complaint incident occurred and relevant agencies and organizations to provide information and documents about the complaint incident or to appoint responsible persons to participate in meeting with the representatives of the complainants;

c) To monitor and urge the Chairman of the People's Committee at the commune level in handling the complaint transferred by him.

3. The Chairman of the People's Committee at the district level shall directly or appoint responsible persons to meet with the representatives of the complainants to hear their presentation of the complaint content; to implement the resolution of the complaint according to the law.

4. The Head of the police force at the district level shall have the responsibility to ensure security and public order; to handle violations according to the law.

5. The heads of state agencies related to the complaint incident shall have the responsibility to provide information and documents about the complaint incident; to participate in meeting with the representatives of the complainants upon the request of the competent authority for complaint resolution.

Article 9. Responsibilities of agencies, organizations, and individuals in coordinating to handle cases where multiple people collectively appeal about the same content at a provincial or centrally governed city level.

1. The head of the agency where the complainants gather shall have the responsibility to appoint staff or directly meet with the representatives of the complainants to hear their presentation of the complaint content. If the complaint case falls within his jurisdiction, the head of the agency shall handle and resolve it according to the law; if the complaint case does not fall within his jurisdiction, he shall guide the complainants to the competent agency for resolution.

2. The person in charge of the Citizen Reception Office at the provincial level shall be responsible for:

a) Chairing or advising the Chairman of the People's Committee of the province or centrally governed city (referred to collectively as the Chairman of the Provincial People's Committee) to meet with representatives of the appellants;

b) When necessary, requesting the Chairman of the People's Committee of the district where the appeal case occurred to participate or dispatch responsible persons to participate in receiving representatives of the appellants;

c) Requesting related agencies and organizations to provide information and documents about the appeal case; participating in receiving representatives of the appellants;

d) Supervising and urging the Chairman of the People's Committee at the district level to resolve appeals transferred by the Citizen Reception Office.

3. The head of the public security agency managing the area and the Director of the provincial public security agency shall be responsible for ensuring public security and order; handling violations according to the provisions of the law.

4. The Chairman of the Provincial People's Committee shall directly or delegate a responsible person to meet with representatives of the appellants to hear their appeals; resolving appeals in accordance with the provisions of the law.

5. The heads of state agencies related to the complaint incident shall have the responsibility to provide information and documents about the complaint incident; to participate in meeting with the representatives of the complainants upon the request of the competent authority for complaint resolution.

Article 10. Responsibilities of agencies, organizations, and individuals in coordinating to handle cases where multiple people collectively appeal about the same content to central agencies.

1. The head of the agency where the complainants gather shall have the responsibility to appoint staff or directly meet with the representatives of the complainants to hear their presentation of the complaint content. If the complaint case falls within his jurisdiction, the head of the agency shall handle and resolve it according to the law; if the complaint case does not fall within his jurisdiction, he shall guide the complainants to the competent agency for resolution.

2. The person in charge of the Citizen Reception Office of the Central Party and State shall be responsible for:

a) Chairing and coordinating with representatives of central agencies related to the case and the authorized person of the local People's Committee where the appeal occurred to receive the appellants;

b) When necessary, proposing that the Chairman of the People's Committee of the province where the appeal occurred directly or delegate a responsible person to participate in receiving representatives of the appellants;

c) Requesting related agencies and organizations to provide information and documents about the appeal case; participating in receiving representatives of the appellants;

d) Supervising and urging the Chairman of the People's Committee of the province to resolve appeals transferred by the Citizen Reception Office;

đ) Coordinating with the Chairman of the People's Committee of the province to mobilize and persuade citizens to return to their locality.

3. The Chairman of the People's Committee of the province where the appeal case occurred shall be responsible for:

a) Directly or delegating a responsible person to coordinate with the Citizen Reception Office of the Central Party and State and relevant central agencies to receive representatives of the appellants;

b) Providing information and documents about the appeal case upon request of the authorized person;

c) Resolving the appeal within his/her jurisdiction or directing subordinate agencies under his/her management to resolve the appeal according to the law;

d) Mobilizing and persuading citizens to return to their locality through appropriate measures.

4. The public security agencies at the commune, district, and provincial levels managing the area where the appellants gather shall be responsible for implementing measures to ensure public order; handling violations according to the provisions of the law.

5. The heads of state agencies related to the matter shall be responsible for providing information and documents related to the appeal case upon request from the authorized person resolving the appeal; participating in receiving citizens and resolving appeals related to their managed sector or field when requested.

Article 11. Responsibilities of the Government Inspector General, Minister of Public Security, Chairman of the People's Committee of Hanoi City, and Chairman of the People's Committee of Ho Chi Minh City.

1. Within their functions, tasks, powers, the Government Inspector General, Minister of Public Security shall be responsible for implementing, guiding, inspecting, and urging the Chairman of the People's Committee, public security agencies, inspection agencies at all levels, and other state agencies in handling cases where multiple people collectively appeal about the same content.

2. The Chairman of the People's Committee of Hanoi City, Chairman of the People's Committee of Ho Chi Minh City shall be responsible for supporting and coordinating with the Government Inspector General, Minister of Public Security, Citizen Reception Office of the Central Party and State in Hanoi City and Ho Chi Minh City, and relevant ministries and sectors in handling cases where multiple people collectively appeal about the same content when requested.

Chapter IV

PUBLIC ANNOUNCEMENT OF DECISIONS RESOLVING APPEALS; ENFORCEMENT OF LEGALLY BINDING DECISIONS RESOLVING APPEALS

Article 12. Publicizing the decision on handling complaints

1. Within fifteen days from the date of issuance of the decision on handling complaints, the authority responsible for handling second-level complaints shall be responsible for publicizing the decision on handling complaints in accordance with one of the forms prescribed in Clause 2 of Article 41 of the Law on Complaints.

2. In cases where the announcement is made at a meeting, the participants in the meeting must include: The person issuing the decision on handling complaints, the complainant or their representative, the person against whom the complaint was lodged, and any related agencies, organizations, or individuals.

Prior to convening a public meeting, the authority responsible for handling complaints must issue a written notice to inform related agencies, organizations, or individuals. The notification period must be at least three working days prior.

3. Announcing the decision on handling complaints through mass media shall be carried out via radio broadcasts, television broadcasts, print publications, and online news. The authority responsible for handling complaints has the responsibility to select one of the mass media channels to implement the announcement. If the authority responsible for handling complaints has an electronic portal or website, it must also publish the announcement on such portals or websites.

The number of announcements on radio broadcasts must be at least two airings; on television broadcasts, at least two airings; in print publications, at least two issues; and on online news, on electronic portals, or on websites, the posting period must be at least fifteen days from the date of publication.

4. In cases where the decision on handling complaints is posted at the workplace or at the reception area of the agency or organization that resolved the complaint, the posting period must be at least fifteen days from the date of posting.

Article 13. Responsibilities of the authority handling complaints in enforcing decisions on handling complaints that have legal effect

1. Within the scope of their duties and powers, the authority handling complaints shall be responsible for directing relevant agencies, organizations, or individuals to implement decisions on handling complaints that have legal effect issued by themselves.

Based on the content of the complaint and state management functions, the authority handling complaints assigns specialized agencies or lower-level administrative agencies to enforce decisions on handling complaints that have legal effect. Such assignments are made in writing.

The authority responsible for handling complaints shall be responsible for monitoring, urging, and inspecting the enforcement of decisions on handling complaints that have legal effect; promptly addressing any difficulties arising during enforcement or recommending relevant agencies, organizations, or individuals to handle them.

Article 14. Responsibilities of the person against whom the complaint was lodged in enforcing decisions on handling complaints that have legal effect

1. Issuing documents to implement the decision on handling complaints when the decision on handling complaints amends, supplements, revokes partially or entirely an administrative decision.

2. When the decision on handling complaints concludes that the administrative decision is lawful, requiring the complainant to comply with that decision. In cases where the decision on handling complaints concludes that the administrative decision is unlawful, it must amend, supplement, or replace the administrative decision, and simultaneously restore the rights and legitimate interests of the complainant.

3. When the decision on handling complaints concludes that the administrative act is lawful, requiring the complainant to comply with it. In cases where the decision on handling complaints concludes that the administrative act is unlawful, it must terminate that act.

4. Organizing the enforcement of administrative decisions by compulsion in accordance with the provisions of the law.

5. Taking the lead and coordinating with relevant agencies to organize measures to restore the rights and legitimate interests of the complainant and related parties that have been violated.

6. Recommending other competent authorities to resolve issues related to the implementation of decisions on handling complaints (if any).

Article 15. Responsibilities of the complainant in the implementation of decisions on complaints that have legal effect

1. Cooperate with competent authorities, organizations, and individuals to restore their lawful rights and interests that were violated by administrative decisions or administrative acts contrary to the law (if applicable).

2. Comply with administrative decisions or administrative acts under complaint if such administrative decisions or administrative acts are concluded by the competent authority to be in accordance with the law.

3. Comply with decisions of competent authorities to implement decisions on complaints that have legal effect.

Article 16. Responsibilities of subjects with legitimate rights and interests related to the implementation of decisions on complaints that have legal effect

1. Cooperate with competent authorities, organizations, and individuals in restoring the legitimate rights and interests of the complainant; restore their own legitimate rights and interests that were violated by administrative acts contrary to the law.

2. Comply with administrative decisions of competent authorities to implement decisions on complaints that have legal effect and relate to their lawful rights and interests.

Article 17. Responsibilities of agencies and organizations managing civil servants in the implementation of decisions on complaints that have legal effect

Agencies and organizations managing civil servants with administrative decisions or administrative acts subject to complaint within their functions, tasks, and powers shall be responsible for implementing decisions on complaints that have legal effect; guide, inspect, and urge civil servants in the implementation of decisions on complaints that have legal effect.

Article 18. Responsibilities of agencies assigned to organize the implementation of decisions on complaints that have legal effect

Agencies assigned to organize the implementation of decisions on complaints that have legal effect must take necessary measures to ensure that such decisions are strictly enforced; monitor, inspect, and urge civil servants assigned to implement the decision; report to the competent authority in a timely manner about issues arising during the implementation of decisions on complaints that have legal effect.

Article 19. Responsibilities of other agencies, organizations, and individuals in the implementation of decisions on complaints that have legal effect

Within their functions, tasks, and powers, relevant agencies, organizations, and individuals shall be responsible for enforcing administrative decisions of competent authorities to implement decisions on complaints that have legal effect; cooperate with competent authorities, organizations, and individuals in organizing the implementation of decisions on complaints that have legal effect when requested.

Article 20. Reconsideration of the handling of complaints that violate the law

1. When discovering that the handling of complaints violates the law, causing damage to the interests of the State, the rights and legitimate interests of citizens, agencies, or organizations, or new circumstances that change the content of the complaint case, the Prime Minister requests the competent authority to handle the complaint case again or assigns the Government Inspector General, Ministers, or Heads of Ministries equivalent to Ministries to inspect and reconsider the case, and report to the Prime Minister for instructions to resolve it.

2. When discovering that the handling of complaints violates the law, causing damage to the interests of the State, the rights and legitimate interests of citizens, agencies, or organizations, or new circumstances that change the content of the complaint case, the Government Inspector General, Ministers, or Heads of Ministries equivalent to Ministries recommend the competent authority to handle the complaint case again or report to the Prime Minister.

3. The results of re-inspection and reconsideration of the complaint case shall be handled as follows:

a) In cases where the Prime Minister concludes that the handling of the complaint is in accordance with the law, the person making the decision on the complaint shall organize the enforcement of the decision on the complaint and publicly announce the termination of the reconsideration and resolution of the complaint case.

b) In cases where the Prime Minister concludes that the handling of the complaint is partially or entirely incorrect, the person making the decision on the complaint shall handle the case again, correct mistakes, restore the legitimate rights and interests of the complainant, and publicly announce the handling of the complaint case again.

The person handling the complaint, the complainant, the person being complained against, the subject with legitimate rights and obligations related to the case, and relevant agencies, organizations, and individuals shall be responsible for implementing the directives and conclusions of the Prime Minister; recommendations of the Government Inspector General, Ministers, or Heads of Ministries equivalent to Ministries regarding the handling of complaints.

Chapter V

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

MỤC 1. HEADQUARTERS AND PUBLIC SERVICE LOCATIONS

Article 21. Headquarters for Receiving Citizens of the Central Party and State

1. The headquarters for receiving citizens of the Central Party and State located in Hanoi City and Ho Chi Minh City shall have the task of assisting the Central Party, National Assembly, and Government in receiving citizens who come to lodge complaints, file accusations, make proposals, and reflect situations until resolved.

The headquarters for receiving citizens of the Central Party and State shall have its own seal and separate account.

The headquarters for receiving citizens of the Central Party and State shall have the following tasks:

a) Receiving citizens, guiding, explaining, mobilizing, and persuading citizens to comply with the policies and laws of the Party and State;

b) Receiving complaints, accusations, proposals, and reflections;

c) Classifying and processing complaints, accusations, proposals, and reflections;

d) Monitoring and urging competent authorities to resolve complaints, accusations, proposals, and reflections.

2. The Government Inspectorate shall take the lead and coordinate with the Government Office, National Assembly Office, Central Party Office, Central Inspection Committee, and the People's Petitions Committee of the Standing Committee of the National Assembly to arrange staff to work on a regular basis at the headquarters for receiving citizens.

The headquarters for receiving citizens of the Central Party and State shall be organized into specialized rooms.

3. The person responsible for the headquarters for receiving citizens of the Central Party and State shall be a department-level cadre assigned by the Chief Inspector General.

4. The person responsible for the headquarters for receiving citizens of the Central Party and State shall have the responsibility:

a) To take the lead in coordinating the work among cadres from participating agencies at the headquarters;

b) To request relevant state agencies to send responsible officials to the headquarters for receiving citizens to cooperate in receiving citizens and discuss measures to handle cases where many people come to lodge complaints, file accusations, make proposals, and reflect situations;

c) To take the lead and coordinate with related agencies to prepare plans, programs, files, and materials for authorized persons from the Party and State agencies to receive citizens;

d) To inspect, urge, and require ministries, sectors, and provincial people's committees to respond to the resolution of complaints, accusations, proposals, and reflections of citizens transferred by headquarters staff;

e) To compile the situation and results of citizen reception work; report periodically and urgently to the Chief Inspector General to report to the Central Party, National Assembly, and Government on the citizen reception work of the headquarters;

f) To manage assets at the headquarters for receiving citizens of the Central Party and State.

Article 22. Organization of Citizen Reception at Ministries, Agencies Equivalent to Ministries, and Government Agencies

Ministries, agencies equivalent to ministries, and government agencies shall organize citizen reception at their headquarters. The Minister, Head of an agency equivalent to a ministry, and Head of a government agency shall establish a Citizen Reception Room under the Ministry's Inspectorate, agency equivalent to a ministry, or government agency to assist the agency head in receiving citizens who come to lodge complaints, file accusations, make proposals, and reflect situations.

Article 23. Headquarters for Receiving Citizens of Provinces and Municipalities Directly Under the Central Government

1. The headquarters for receiving citizens of provinces and municipalities directly under the central government (collectively referred to as provincial level) shall have the task of assisting the Provincial Party Committee, People's Council, People's Committee, and Delegation of National Assembly representatives in organizing citizen reception. The headquarters for receiving citizens shall be managed by the Provincial People's Committee Office, having its own seal and separate account.

The headquarters for receiving citizens at the provincial level shall have the following tasks:

a) Receiving citizens; guiding, explaining, mobilizing, and persuading citizens to comply with the policies and laws of the Party and State;

b) Receiving complaints, accusations, proposals, and reflections;

c) Classifying and processing complaints, accusations, proposals, and reflections;

d) Monitoring and urging competent authorities to resolve complaints, accusations, proposals, and reflections.

2. The Provincial People's Committee Office shall coordinate with the National Assembly Delegation Office, People's Council Office, Provincial Party Committee Office, and Provincial Inspection Committee to arrange staff to work on a regular basis at the headquarters for receiving citizens.

The headquarters for receiving citizens at the provincial level shall be organized into specialized rooms. The Chairman of the Provincial People's Committee shall appoint a Deputy Director of the Provincial People's Committee Office to be in charge of the headquarters for receiving citizens.

3. The person responsible for the headquarters for receiving citizens at the provincial level shall have the responsibility:

a) To take the lead in coordinating the work among cadres from participating agencies at the headquarters;

b) To request competent state agencies to send responsible officials to the headquarters for receiving citizens to participate in receiving citizens and discuss measures to handle cases where many people come to lodge complaints, file accusations, make proposals, and reflect situations;

c) To take the lead and coordinate with related agencies to prepare plans, programs, files, and materials for authorized persons from the Provincial Party Committee, People's Council, People's Committee, and Delegation of National Assembly representatives to receive citizens;

d) To inspect, urge, and require heads of departments, branches, and sectors, and Chairmen of district people's committees to respond to the resolution of complaints, accusations, proposals, and reflections of citizens transferred by headquarters staff;

e) To coordinate with the Provincial Inspector to compile the situation and results of citizen reception work; report to the Government Inspectorate, Provincial Party Committee, People's Council, and provincial-level People's Committee on the citizen reception work of the headquarters and within the jurisdiction;

f) To manage assets at the headquarters for receiving citizens.

4. The Chairman of the Hanoi City People's Committee and the Chairman of the Ho Chi Minh City People's Committee shall organize a model of citizen reception suitable to the characteristics and situation of their respective localities to ensure the effectiveness of citizen reception work.

Article 24. Receiving Citizens at District, Urban District, Town, and Provincial City Levels

1. The receiving of citizens at district, urban district, town, and provincial city levels (collectively referred to as the district level) shall be conducted at the Office of the People's Committee at the district level. The dedicated staff responsible for receiving citizens shall assist the District Party Committee, People's Council, and People's Committee at the district level in organizing the reception of citizens who come to lodge complaints, denunciations, proposals, and reflections; monitor and urge the progress of resolution by competent authorities.

The person in charge of citizen reception work at the district level may use the seal of the Office of the People's Committee at the district level in citizen reception activities.

2. The Office of the People's Committee at the district level shall coordinate with the Office of the People's Council, the Office of the District Party Committee, the Inspectorate at the district level, and the District Party Committee Inspection Board to arrange staff to perform the permanent duty of receiving citizens. The Chairman of the People's Committee at the district level shall appoint a Deputy Director of the Office of the People's Committee to be in charge of citizen reception work at the citizen reception site at the district level.

3. The person in charge of citizen reception work at the citizen reception site at the district level shall have the responsibility to:

a) Chair the coordination of work among staff from participating agencies at the citizen reception site;

b) Request relevant state agencies to send responsible staff to the citizen reception site to participate in receiving and discussing measures to handle situations where many people come to lodge complaints, denunciations, proposals, and reflections;

c) Chair and coordinate with related agencies to prepare plans, programs, files, and materials for authorized persons of the District Party Committee, People's Council, and People's Committee to receive citizens;

d) Inspect, urge, and request Heads of departments and offices under the People's Committee at the district level, and Chairmen of People's Committees at the commune level to respond to the resolution of complaints, denunciations, proposals, and reflections of citizens transferred by citizen reception staff;

đ) Coordinate with the Chief Inspector at the district level to compile the situation and results of citizen reception work; report to the Chief Inspector at the provincial level and the District Party Committee, People's Council, and People's Committee on citizen reception work;

e) Manage assets at the citizen reception site at the district level.

Article 25. Receiving Citizens at Commune, Ward, and Town Levels

1. The receiving of citizens at commune, ward, and town levels (hereinafter collectively referred to as the commune level) shall be conducted at the Office of the People's Committee. The Chairman of the People's Committee at the commune level shall directly be responsible for citizen reception work; assign judicial officers or land management officers to concurrently undertake citizen reception work.

2. Citizen reception staff shall have the responsibility to:

a) Receiving citizens; guiding, explaining, mobilizing, and persuading citizens to comply with the policies and laws of the Party and State;

b) Receiving complaints, accusations, proposals, and reflections;

c) Classify and process complaints, denunciations, proposals, and reflections.

Article 26. Guidelines on the Organizational Structure of Citizen Reception Sites

The General Inspector of the Government shall coordinate with the Minister of Home Affairs to provide guidelines on the organizational structure of citizen reception sites, staffing, and citizen reception personnel.

Section 2. Handling Complaints, Denunciations, Proposals, and Reflections During Citizen Reception; Standards for Citizen Reception Staff

Article 27. Handling Complaints, Denunciations, Proposals, and Reflections During Citizen Reception

1. The handling of complaints during citizen reception shall be carried out as follows:

a) In cases where citizens directly present complaints that fall within the jurisdiction of the Head of the agency, the citizen reception staff shall guide the citizens to write a complaint letter or record the content of the complaint presented by the citizen in writing and require the complainant to sign or affix their fingerprint on the document; enter it into the complaint tracking logbook; report to the Head of the agency for resolution according to the law; if the complaint does not fall within the jurisdiction of the Head of the agency, guide the citizen to lodge the complaint with the competent authority;

b) In cases where citizens submit complaint letters, the citizen reception staff shall receive and process them according to the provisions of Point a Clause 1 of this Article.

2. The handling of denunciations, proposals, and reflections during citizen reception shall be carried out as follows:

a) In cases where citizens directly present denunciations, proposals, or reflections, the citizen reception staff shall record the content of the denunciation, proposal, or reflection; enter it into the citizen reception logbook; for denunciations, request the denouncer to sign or affix their fingerprint on the record of the denunciation; for proposals and reflections, if deemed necessary or requested by the citizen, ask them to sign. If the denunciation, proposal, or reflection falls within the jurisdiction of the Head of the agency, report to the Head of the agency for resolution according to the law; if the denunciation, proposal, or reflection does not fall within the jurisdiction of the Head of the agency, guide the citizen to the competent authority, organization, or individual for resolution;

b) In cases where citizens submit denunciation, proposal, or reflection letters, the citizen reception staff shall receive and process them according to the provisions of Point a Clause 2 of this Article.

3. When receiving citizens who lodge complaints, denunciations, proposals, or reflections, the citizen reception staff shall have the right to:

a) Require citizens to present identification documents, truthfully describe the matter, and provide related materials; record it in the tracking logbook;

b) In cases where multiple people come together to lodge complaints, denunciations, proposals, or reflections, request them to elect representatives to present their case.

Article 28. Standards and Special Allowance for Civil Servants Receiving Citizens

1. Civil servants receiving citizens are state civil servants with good moral character and ethics; possessing knowledge and understanding of the Party's guidelines and policies, and the State's laws and regulations; for civil servants receiving citizens at the district level and above, they must have a bachelor’s degree.

2. Civil servants receiving citizens shall be entitled to special allowances as prescribed by the Minister of Finance and the Government Inspector General.

3. The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairpersons of provincial People's Committees shall be responsible for organizing professional training for civil servants receiving citizens.

Section 3. Responsibilities of Agencies and Organizations in Receiving Citizens

Article 29. Responsibilities of the Heads of Agencies and Organizations in Receiving Citizens

1. The heads of agencies and organizations shall be responsible for receiving citizens as stipulated in Article 61 of the Petition Law.

2. The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairpersons of provincial People's Committees shall be responsible for guiding, inspecting, and urging subordinate levels and sectors under their management to implement citizen reception activities within their respective fields and localities.

Every quarter, before the twentieth day of the last month of each quarter, they shall compile the situation and results of citizen reception work and report to the Government Inspectorate for consolidation and reporting to the Government.

3. The Chairpersons of provincial People's Committees and county People's Committees shall arrange common locations for the People's Councils, People's Committees, Delegations of National Assembly Members, and political-social organizations at the same level to receive citizens for complaints, denunciations, proposals, and reflections.

4. Within the scope of their functions and powers, the Chairpersons of provincial People's Committees shall be responsible for leading and organizing citizen reception work. They shall directly receive citizens at least once a month; when necessary, they may assign Deputy Chairpersons of provincial People's Committees to receive citizens.

5. Central and provincial state inspection agencies, natural resources and environment agencies, construction agencies, labor, invalids, and social affairs agencies, public security agencies, health agencies, education and training agencies shall organize regular citizen reception. Other agencies and organizations shall organize weekly citizen reception.

Article 30. Responsibilities of Relevant Agencies and Units in Receiving Citizens

1. The heads of agencies and units with authority shall examine and resolve complaints, denunciations, proposals, and reflections from citizens transferred by the Citizen Reception Office within the time limit prescribed by law. When there is a resolution result, they shall respond to the complainant, denouncer, proposer, and reflector according to the law and inform the Citizen Reception Office.

2. For complaints, denunciations, proposals, and reflections transferred to agencies and units, if they are not resolved within the prescribed time limit, the person in charge of the Citizen Reception Office shall request the head of the agency or unit to resolve them. If the request is not implemented, they shall propose that the competent authority handle responsibility according to the law.

Article 31. Responsibilities of Public Security Agencies in Receiving Citizens

1. The Minister of Public Security shall be responsible for directing public security forces to cooperate with relevant state agencies in ensuring security and order at citizen reception sites; handling violations of the law at these sites.

2. The heads of public security agencies at all levels shall be responsible for closely cooperating with the heads of competent state agencies in ensuring security and order at citizen reception sites.

3. Public security agencies in localities shall be responsible for protecting the safety of citizen reception offices of state agencies in their areas; handling individuals who exploit complaints, denunciations, proposals, and reflections to commit violations of the law at these sites.

Article 32. Responsibilities of state inspection agencies in receiving citizens

1. The Government Inspectorate shall be responsible for assisting the Government in managing state administration regarding citizen reception work; guiding ministries, sectors, localities on citizen reception work, organization, and business procedures; building and managing databases on citizen reception work; handling complaints, denunciations, suggestions, and reflections. Implementing regular reporting systems to the Government and National Assembly on citizen reception.

2. Heads of inspection agencies at all levels and sectors shall be responsible for assisting ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and chairpersons of provincial People's Committees in managing citizen reception work within their ministries, sectors, and localities; implementing regular reporting systems on citizen reception to the head of the ministry, sector, Party committee, Standing Committee of the People's Council, and chairperson of the same-level People's Committee.

Article 33. Coordination responsibilities of agencies and organizations in receiving citizens

1. State agencies shall be responsible for coordinating, assigning staff to participate in citizen reception, providing information to central and local citizen reception offices to effectively carry out citizen reception work.

2. Central Party and State citizen reception offices shall be responsible for coordinating with ministries, sectors, and localities to effectively carry out citizen reception work.

Chapter VI

IMPLEMENTING PROVISIONS

Article 34. Effective Date

This Decree takes effect from November 20, 2012, and replaces the provisions on complaints, complaint resolution, and citizen reception in Decree No. 136/2006/NĐ-CP dated November 14, 2006, of the Government detailing and guiding the implementation of certain articles of the Law on Complaints and Denunciations and Laws amending and supplementing certain articles of the Law on Complaints and Denunciations.

All previous regulations contrary to this Decree are hereby abolished.

Article 35. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and chairpersons of provincial People's Committees directly under the Central Government shall be responsible for organizing the implementation of this Decree./.