Circular No. 769/1998/TT-QP guiding the implementation of the regulation on organizing citizen reception in the Military according to the Government's charter.

CIRCULAR

HGuidelines for implementing the citizen reception regulations of the Government in the military

Implementing Decree No. 89/CP dated August 7, 1997 of the Government on the issuance of the citizen reception regulations and Circular No. 1178/TTNN of the State Inspectorate, Ministry of National Defense guiding the uniform implementation of citizen reception in the military as follows:

I. GENERAL PROVISIONS:

1. Citizen reception in the military includes receiving citizens who are currently serving and other citizens coming to lodge complaints, file accusations, reflect issues, and make suggestions related to the interests of the State, collective bodies, and the lawful rights and interests of citizens. At the same time, guide citizens to exercise their right to complain and accuse in accordance with the law.

2. Heads of agencies and units at all levels in the military have the responsibility to organize citizen reception according to the citizen reception regulations of the Government and the guidance on organizing citizen reception of the Ministry of National Defense as stipulated in this Circular.

3. In the permanent reception room, it is necessary to publicly post key contents of laws on complaints and accusations, the citizen reception regulations, and the internal rules of the reception place so that everyone can be aware and comply with them.

The citizen reception places of units must be dignified, clean, convenient for welcoming visitors, and ensure necessary material conditions such as lighting, tables and chairs, drinking water, document cabinets, clocks, and record books according to prescribed models.

4. The arrangement of personnel for citizen reception must select comrades with good political qualities, integrity, honesty, professional expertise, understanding of military and national defense realities, mastery of state policies and laws, and military regulations, and a sense of responsibility for the assigned tasks.

5. Heads of functional agencies in the military (inspection, finance, manpower, cadres, policy, land management, Office...) at all levels within their scope of duties and powers have the responsibility to advise leadership and command on citizen reception work, plan specifically for arranging forces, building reception facilities or places, ensuring funds... to implement the organization of citizen reception uniformly in accordance with the law, forming a regular pattern with practical effectiveness.

6. Security forces are responsible for ensuring order and safety at the citizen reception places of their agencies and units.

7. Agencies and units when performing tasks outside the camp must organize citizen reception places in the localities where they are stationed with appropriate forms.

II. SPECIFIC PROVISIONS ON THE ORGANIZATION OF CITIZEN RECEPTION IN THE MILITARY

Based on the organizational structure and activities of military agencies and units, the Ministry of National Defense stipulates the organization of citizen reception as follows:

1. Arranging reception facilities, staffing officers specializing in and service personnel for daily permanent citizen reception tasks in the following agencies and units:

1.1. Arranging the reception facility of the Ministry of National Defense, which is also the reception facility of the Central Military Commission Party Committee, the General Staff Department of the Ministry of National Defense, the General Departments, and the Departments under its jurisdiction located within the working area of the Ministry of National Defense (hereinafter referred to as the reception facility of the Ministry of National Defense). The facility is located in Hanoi, managed and ensured operational by the Inspectorate of the Ministry of National Defense, with the 144th Regiment of the General Staff Department responsible for arranging security forces to ensure order and safety in the reception facility area. The facility operates during administrative hours (except Sundays, holidays, and Tet).

The reception facility of the Ministry of National Defense arranges reception rooms for the General Departments and some functional departments of the Ministry, equipped with a permanent officer in charge, a specialist assistant officer, and service personnel, directly managed and commanded by the Chief Inspector of the Ministry of National Defense.

The General Staff Department, General Departments, and Departments under its jurisdiction arrange specialist officers for citizen reception and rotate shifts to handle tasks at the Ministry of National Defense's reception facility according to the arrangement of the permanent officer in charge. (Specific organization, staffing, and layout details are attached as an appendix).

1.2. Arranging the reception facility of Military Regions, Military Services, Border Guard Command, Provincial and Municipal People's Militia and Border Guard Commands directly under the central government. Depending on specific conditions, the facility may be located outside or within the unit's camp area but must ensure convenience for citizen reception, not affecting the living, studying, and working of soldiers; ensuring requirements for confidentiality and other conditions for citizen reception as stipulated in Point 3, Part I of this Circular. The facility operates during administrative hours (except Sundays, holidays, and Tet).

The reception facilities of the aforementioned agencies and units are arranged with specialist officers in charge and service personnel, depending on the specific conditions of each agency and unit, may be managed and directed by the Inspectorate or the Office, directly commanded by the agency or unit commander. (Specific organization, staffing, and layout details are attached as an appendix).

2. Arranging reception facilities or setting up reception areas in separate guest reception rooms or duty rooms (hereinafter collectively referred to as reception areas) in the following agencies and units:

2.1. Corps, Arms, Academies, Schools, General Companies;

2.2. Units at the Brigade and Division level and equivalent units directly under the Ministry of National Defense, General Staff Department, General Departments, Military Regions, Military Services, Corps, Arms, Border Guard, Provincial and Municipal People's Militia and Border Guard Commands directly under the central government;

2.3. Border Guard Posts and District, County, City, and Town People's Militia Commands under provinces;

The aforementioned units shall implement the arrangement of reception facilities or reception areas as stipulated in Clause 1, Points 1-2, Part II of this Circular and assign an officer to concurrently manage citizen reception work.

(Specific organization, staffing, and layout details are attached as an appendix).

At these agencies and units, the duty roster or permanent staff are responsible for initially receiving citizens. Based on the specific content of the citizen's request, the permanent staff (duty roster) shall report to the officer in charge of receiving citizens or relevant authorities and the person in command to receive and resolve the citizen's affairs.

The citizen responsibility officer shall coordinate with political agencies, personnel agencies, or mass mobilization agencies to assist the head of the agency or unit in organizing the reception of citizens, resolving requests related to the unit; compiling the situation of receiving citizens, handling complaints and reports within the unit, reporting to the head at the same level and reporting periodically monthly, quarterly, every six months, annually, or reporting urgently. In cases of urgent matters, they must promptly report to the head of the agency or unit with authority for handling.

3. Military courts, military prosecution offices, criminal investigation agencies, and enforcement agencies at all levels in the military shall arrange their headquarters and organize the reception of citizens according to the law and the regulations of their respective fields.

4. Responsibilities and authorities of the heads of agencies and units at all levels in the military regarding the reception of citizens:

4. 1. The heads of agencies and units mentioned above must allocate appropriate time, directly receive citizens at their headquarters or designated reception locations to listen to and resolve complaints, reports, suggestions, and reflections from citizens within their jurisdiction.

4. 2. When receiving citizens, the head of the agency or unit has the responsibility to respond to citizens' complaints, reports, etc. If unable to respond immediately, they must set a time for resolution. The set time must not exceed the time规定的期限。同时，指示下属职能机构审查、核实、提出并建议解决投诉和举报的方案，按照法律规定执行。

如果在预定的接待日，负责人因突发工作无法接待，则应指派副职代为接待，并在接待地点公开通知，使大家知晓。

负责人接待公民时，相关机构和同级监察部门必须准备好内容资料和案件文件，以便负责人回答公民的问题并在每次接待后完成必要的工作。

4. 3. The schedule for the heads of various levels to receive citizens is unified as follows:

The Minister of National Defense will receive citizens for one day, on the third day of the fourth week of each month.

The heads of the General Staff Department, the Ministry of National Defense agencies, the General Departments, Military Regions, Military Services, Border Guard Force, Corps, Academies, Schools, and affiliated State-owned Enterprises under the Ministry will receive citizens for one day, on the third day of the third week of each month.

The heads of divisions, regiments, and equivalent units under the Ministry of National Defense, the General Staff Department, General Departments, Military Regions, Military Services, Border Guard Force, Corps, Academies, Schools, border guard posts, and district, county, city, and provincial-level military command departments will receive citizens for two sessions, on the morning of the third day of the first week and the morning of the third day of the third week of each month.

In addition to the regular times mentioned above, leaders at all levels must also receive citizens when there are urgent requirements. These requirements include:

Matters involving complaints and reports that, if not handled promptly, may result in serious consequences such as damage to state property, collective property, harm to the lives of citizens, and disruption of political security, public order, and safety in public places.

Situations where they must receive citizens based on the requirements of superiors.

5. The permanent staff of the citizen reception headquarters have the following responsibilities:

5. 1. To oversee and manage the citizen reception headquarters of the agency or unit.

5. 2. To coordinate with the citizen reception officers of the Party's Inspection Commission, relevant agencies, guide, and answer citizens who come to complain, report, reflect, or suggest at the headquarters. Urge, inspect, and require the heads of units related to the citizen's case transferred by the reception headquarters to handle it promptly.

5. 3. Report to the leadership and heads of agencies or units about the situation and results of receiving and resolving complaints, reports, etc., from citizens. 5.4. Coordinate with related agencies to prepare files and materials for the leaders of agencies or units to receive citizens according to the schedule or upon request.

5. 5. Implement the reporting system on citizen reception work to superiors as stipulated.

5. 6. Manage equipment and facilities (assets) of the citizen reception headquarters.

Citizen reception officers must strictly adhere to the provisions recorded in Article 11, 12, and 13 of the regulation on organizing citizen reception of the Government, Point 5 of Circular No. 1178/TTNN of the State Inspectorate, paying attention to the following provisions:

6. 1. They must examine the valid identification documents of citizens before listening to their complaints, reports, reflections, or suggestions. If they are representatives of the complainant, they must present a power of attorney or a certificate confirmed by the People's Committee of the residential area or the head of the unit where the complainant works. At the same time, guide citizens to comply with the laws on their rights and obligations, and respect the rules of the reception location.

6. 2. When citizens present their cases, the citizen reception officers must listen attentively, record the full content in the citizen reception logbook. Read it back for the citizen to hear and sign to confirm. If the citizen submits a petition, the citizen reception officer shall only accept it in the following cases:

Petitions and complaints within the jurisdiction of the head of the agency or unit at their own level.

Complaints that, although not within the jurisdiction of the head of the agency or unit at their own level, are urgent and complex and require timely reporting to the head at the same level to request the competent authority to handle promptly.

The acceptance of citizens' letters and petitions must be recorded in a receipt, registered in the tracking logbook, and procedures for transferring the petition to the responsible agency or unit for examination and resolution must be completed. Within ten days, the agency or unit responsible for resolution must inform the citizen who submitted the petition.

6. 3. In cases of complaints or reports that fall outside the jurisdiction of their own agency or unit according to the laws on complaints and reports, they shall record such cases in the citizen reception logbook and guide citizens to the competent authority for resolution.

6. 4. For complaints against military administrative decisions that have been resolved initially but the complainant disagrees, they shall guide the complainant to the next level of authority with jurisdiction for further resolution.

7. The relationship between citizen reception offices and agencies or units with jurisdiction or responsibility for resolving citizen cases:

7. 1. Citizen complaints and reports transferred from citizen reception offices at all levels to agencies or units within their jurisdiction or responsibility must be resolved promptly in accordance with the law and a written response must be provided to the complainants or reporters. At the same time, the citizen reception office that transferred the case must be informed.

7. 2. Staff responsible for citizen reception offices at all levels have the duty to monitor, urge, and request agencies or units with responsibility or jurisdiction to resolve citizen complaints and reports transferred from citizen reception offices.

7. 3. Upon receiving the results of case resolutions from transferred levels, staff responsible for citizen reception must inform the complainants or reporters about the status of their complaints or reports so that citizens are aware and avoid unnecessary multiple visits or sending petitions beyond their level, which may cause difficulties in handling.

7. 4. In cases where the citizen reception office has repeatedly requested and reminded but the unit or agency with jurisdiction or responsibility still fails to implement or deliberately refuses to comply, the person in charge of citizen reception has the right to propose to the immediate superior commander to require the subordinate commander to resolve the issue. At the same time, they should report or notify the commander and inspectorate (at their level) for guidance or measures.

III. IMPLEMENTATION

1. Heads of agencies and units under the Ministry of National Defense shall organize the implementation of the laws on complaints and reports; the regulations on organizing citizen reception issued pursuant to Decree No. 89/CP dated August 7, 1997 of the Government, Circular No. 1178/TTNN dated September 25, 1997 of the State Inspector General, to ensure that all levels of cadres under their command understand these regulations, and simultaneously implement plans for citizen reception activities in accordance with the guidelines set out in this Circular.

2. The Defense Inspectorate and the Inspectorates at all levels have the responsibility to assist the Party Committee and the Head of their level in citizen reception work. They provide guidance on procedures, inspect the implementation of the government's regulations on organizing citizen reception and the circular guiding the organization of citizen reception in the military; compile and report on the situation of citizen reception to the Head of their level and higher authorities as prescribed. They exercise state inspection powers over citizen reception work according to the jurisdiction defined by law.

The Chief Inspector of the Ministry of National Defense assists the leadership and the Head of the Ministry of National Defense in uniformly managing citizen reception work throughout the military; provides guidance on procedures, unifies and supplies forms and records for citizen reception; compiles and reports on the overall situation of citizen reception work throughout the military to the Minister, the State Inspector General, and the Government as prescribed in Article 20 of the Regulations on Organizing Citizen Reception of the Government.

3. The General Staff Office leads and coordinates with the Cadre Department of the Political Bureau, the Inspectorate of the Ministry of National Defense, and related agencies to unify the staffing of dedicated officers and support personnel to ensure the operation of citizen reception in the military.

4. The Finance Department of the Ministry of National Defense leads and coordinates with the Inspectorate of the Ministry of National Defense and the Construction and Property Management Department to plan the construction of reception facilities, budget estimates, and ensure annual financial resources for citizen reception activities, and according to their management functions, guide units to implement uniformly throughout the military.

5. Offices at all levels lead and coordinate with related agencies and inspectors at the same level to maintain schedules for citizen reception, prepare files and materials for the Head of their level to meet citizens regularly..

6. This Circular takes effect fifteen days from the date of signature. Previous regulations of the Ministry of National Defense concerning citizen reception that conflict with this Circular are hereby abolished. Any issues encountered during implementation should be reported in writing to the Ministry of National Defense (through the Inspectorate of the Ministry of National Defense) for timely guidance and resolution.

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

                                     Phạm Văn Trà

                                     (Signed)

ANNEX

STAFFING OF DEDICATED OFFICERS AND SUPPORT PERSONNEL
AT CITIZEN RECEPTION OFFICES AT ALL LEVELS

(Attached to Circular No. 769 dated March 18, 1998
on organizing citizen reception of the Ministry of National Defense)