Decision No. 858/QD-TTg Approves the Scheme for Reforming Citizen Reception Work

Pursuant to …;

"5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:Approving the Project on Reforming Citizen Reception Work

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PRIME MINISTER

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

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

Pursuant to the conclusion of the Politburo at Circular No. 307-TB/TW dated February 10, 2010;

Considering the proposal of the State Auditor,

DECISION:

Article 1. Approves the Project on Reforming Citizen Reception Work with the main contents as follows:

A. OBJECTIVES AND REQUIREMENTS FOR REFORMING CITIZEN RECEPTION WORK

I. OBJECTIVES

To improve the organizational structure, functions, tasks, and authorities of citizen reception agencies to enhance the effectiveness of citizen reception work of state agencies; raise awareness and strengthen the responsibility of Chairpersons of People's Committees at all levels and Heads of administrative state agencies in citizen reception work; build a cadre and civil servant workforce with qualities and capabilities that meet the requirements of their tasks; create favorable conditions for citizens to exercise their rights to complaints, accusations, proposals, and reflections, contributing to building a clean, strong, effective, and efficient state.

II. REQUIREMENTS

1. Fully grasp the Party and State's policies and viewpoints on citizen reception work, building a socialist rule-of-law state of the people, by the people, and for the people.

2. Simplify procedures to facilitate citizens in exercising their rights to complaints, accusations, proposals, and reflections, and address shortcomings and inadequacies in current citizen reception work.

3. Clarify the position, role, organizational structure, and functions and tasks of citizen reception agencies, contributing to enhancing the effectiveness of state management and promoting the democratic rights of the people.

4. Enhance the effectiveness of citizen reception work, linking citizen reception with the resolution of complaints, accusations, proposals, and reflections by state agencies.

B. CONTENTS OF REFORMING CITIZEN RECEPTION WORK

Reforming citizen reception work focuses on improving awareness and strengthening the responsibility of Chairpersons of People's Committees at all levels and Heads of administrative state agencies in citizen reception work; improving the organizational structure, clarifying the functions, tasks, and authorities of citizen reception agencies; enhancing and improving the quality of cadres engaged in citizen reception work; providing appropriate preferential policies for cadres engaged in citizen reception work; and strengthening material infrastructure and equipment for citizen reception agencies.

I. IMPROVING AWARENESS AND STRENGTHENING RESPONSIBILITY OF CHAIRPERSONS OF PEOPLE'S COMMITTEES AT ALL LEVELS AND HEADS OF ADMINISTRATIVE STATE AGENCIES IN CITIZEN RECEPTION WORK

1. Chairpersons of People's Committees at all levels and Heads of administrative state agencies must fully understand the purpose, requirements, and significance of citizen reception work, considering it a political task of the agency or organization. Citizen reception work must be one of the important tasks in the program and plan of work of the agency or organization. Evaluating the performance of the agency or organization must be linked to evaluating the performance of the head of the agency or organization in citizen reception work.

2. Chairpersons of People's Committees at all levels and Heads of administrative state agencies must be responsible for organizing, directing, and guiding all levels, sectors, agencies, and units in citizen reception work; promulgating internal regulations and rules for citizen reception; assigning cadres with qualities and capabilities to engage in citizen reception work; investing in material infrastructure, equipment, and necessary working conditions for the Citizen Reception Office; coordinating with mass organizations to enhance the quality and effectiveness of citizen reception work.

3. Chairpersons of People's Committees at all levels and Heads of administrative state agencies must directly receive citizens regularly as prescribed, including receiving citizens according to urgent tasks. In cases of justifiable reasons, they must delegate a deputy to receive citizens and publicly inform the citizens. They may not assign persons without authority to resolve matters to perform citizen reception duties. After receiving citizens, they must respond to the results of resolving complaints, accusations, proposals, and reflections of citizens.

Citizen reception must be linked to resolving complaints, accusations, proposals, and reflections. In cases of collective complaints and accusations, serious, complex, and prolonged issues, the Chairpersons of People's Committees at all levels and Heads of administrative state agencies must personally receive citizens, take measures to direct and resolve them promptly, and prevent them from becoming hotspots causing political and social instability and public order disturbances.

4. Chairpersons of People's Committees at all levels and Heads of administrative state agencies must thoroughly disseminate the Party's viewpoints and the State's laws on citizen reception work to all cadres and civil servants, particularly those directly involved in citizen reception work.

Strengthen training and capacity building to improve the professional knowledge, skills in citizen reception, and complaint and accusation resolution for cadres engaged in citizen reception work.

Strengthen inspection and audit of the responsibility of Chairpersons of People's Committees and Heads of subordinate units in citizen reception work, complaint and accusation resolution, and proposals and reflections. After inspections and audits, corrective measures must be taken to address existing weaknesses, and timely and strict actions must be taken against individuals and organizations that violate the law.

II. IMPROVING THE ORGANIZATION AND OPERATIONS OF CITIZEN RECEPTION AGENCIES

1. Regarding the organizational model

The organizational model and operations of citizen reception agencies at all levels shall be unified as follows:

a) At the central level: establish a common public reception office at the Central Party and State Public Reception Office in Hanoi and Ho Chi Minh City, responsible for receiving citizens for the Central Party, National Assembly, and Government. The agencies: Central Party Office, Central Inspection Committee, People's Petition Committee of the Standing Committee of the National Assembly, Government Office, Central Steering Committee on Anti-Corruption, and State Audit Office shall assign staff to perform regular citizen reception duties at the Central Party and State Public Reception Office. The State Audit Office shall take the lead, coordinate, and cooperate with other agencies participating in citizen reception at the Central Party and State Public Reception Office; manage and ensure material conditions for the operation of the Public Reception Office. The Central Party and State Public Reception Office has its own seal.

b) At Ministries, ministerial-level agencies, and government agencies: establish a public reception office at the Ministry's Office to assist the Minister or Head of the agency in receiving complaints, reports, proposals, and reflections within their jurisdiction.

c) At provincial level: establish a common public reception office at the provincial public reception office, responsible for receiving citizens for the Provincial Party Committee, People's Council, People's Committee, and Delegation of National Assembly Members. The Provincial People's Committee Office shall establish a Citizen Reception Department to take the lead, coordinate, and cooperate with other agencies participating in citizen reception at the provincial public reception office; manage and ensure material conditions for the operation of the Public Reception Office. The provincial public reception office has its own seal.

Specifically for Hanoi and Ho Chi Minh City, they shall organize a citizen reception model suitable to the characteristics and situation of the locality to ensure the effectiveness of citizen reception work.

For provincial inspection agencies and departments under the provincial People's Committee, they shall establish a public reception office at their agency premises to receive complaints, reports, proposals, and reflections within their jurisdiction.

d) At district level: establish a public reception office at the District People's Committee Office, responsible for receiving citizens for the District Party Committee, People's Council, and People's Committee. The District People's Committee shall appoint one to two full-time officers and some part-time officers to perform citizen reception duties, using the seal of the District People's Committee Office during citizen reception activities.

e) At commune level: establish a public reception office at the Commune People's Committee Office. The Commune People's Committee shall appoint specialized staff to concurrently handle citizen reception work.

2. On the operation of the public reception office

a) Citizen reception shall be institutionalized through regulations and procedures for transparent, open, simple, and convenient citizen reception, creating favorable conditions for citizens to file complaints, reports, proposals, and reflections.

b) Citizen reception must be linked to the resolution of complaints, reports, proposals, and reflections by competent state agencies. Agencies involved in citizen reception must regularly coordinate their work, enhance information exchange, and organize online citizen reception via the Internet when conditions permit.

c) Agencies regularly participating in citizen reception at the public reception office must raise their sense of responsibility and closely coordinate in citizen reception work. Enhance cooperation between the Central Party and State Public Reception Office and those of ministries, sectors, and localities, as well as between the public reception office and other agencies and organizations.

d) Establish a system of information data on citizen reception, connect to the Internet, to facilitate citizens' access to the progress of complaint and report resolution, thereby monitoring competent authorities in resolving complaints and reports; study the possibility of providing citizens with online responses to the results of citizen reception and complaint resolution.

3. Functions, tasks, and powers of the public reception office

a) Functions of the public reception office

The public reception office has the function of receiving citizens for complaints, reports, proposals, and reflections; advising the head of the agency on citizen reception work; preparing plans and necessary conditions for the head of the state agency to receive citizens.

b) Tasks of the public reception office

- Receiving information, proposals, reflections, and opinions from agencies, organizations, and individuals regarding issues related to the Party's policies, state laws, and state management activities, and transferring them to competent authorities for research, adoption, consideration, and resolution.

- Receiving complaints, reports, proposals, and reflections within the jurisdiction of the head of the agency or organization.

- Guiding citizens on how to exercise their rights to file complaints, reports, proposals, and reflections according to the law.

c) Powers of the public reception office

- When there is a large-scale, complex complaint or report case, the public reception office has the right to request relevant state agencies to send responsible staff to the public reception office to participate in citizen reception and discuss measures to resolve the issue so that citizens can return to resolve it locally.

- Supervising and urging the heads of state agencies to respond to the resolution of citizens' complaints, reports, proposals, and reflections transferred by the public reception office staff.

- Taking the lead and coordinating with relevant agencies to prepare plans, programs, and materials for the head of the state agency at the same level to receive citizens.

- Urging and supervising agencies, organizations, and individuals responsible for strictly implementing conclusions and directives of the heads of state agencies when receiving citizens.

- Summarizing the situation and results of citizen reception, complaint resolution, proposal, and reflection handling, reporting periodically and urgently to competent state authorities.

- Proposing competent authorities to amend, supplement, or replace legal normative documents that are inconsistent with reality.

- Proposing competent state authorities to consider and handle the responsibility of collectives and individuals who violate the citizen reception regulations.

- Requesting the police to promptly take appropriate measures according to the law against individuals who disrupt public order, insult the dignity and personality of citizen reception staff, or damage state and individual property.

d) Tasks of citizen reception staff

- Maintain proper conduct and cultural demeanor towards citizens who come to lodge complaints, denunciations, proposals, or reflections.

- Guide citizens to present their complaints, denunciations, and necessary requests for resolution clearly and comprehensively; provide relevant documents and evidence related to the case; guide citizens to submit complaints and denunciations to the competent authority; explain to citizens the Party's policies and State laws.

- Explain and refuse to accept individuals who have complaints or denunciations regarding cases that have already been resolved correctly according to policy and law by the competent authority.

- Cooperate closely and promptly with staff from other agencies participating in citizen reception at the Office to effectively perform citizen reception tasks and resolve collective and complex complaint and denunciation cases.

- Maintain a logbook to record fully the contents presented by citizens; receive, classify, and process complaints, denunciations, proposals, and reflections.

- Perform other tasks assigned by the person responsible for the Citizen Reception Office.

4. Relationship between the Citizen Reception Office and state agencies

a) State agencies are responsible for coordinating and assigning staff to participate in citizen reception, providing information to enable the Citizen Reception Office to effectively perform its citizen reception tasks and resolve collective and complex complaint and denunciation cases.

b) Lower-level Citizen Reception Offices are responsible for regularly reporting to higher-level Citizen Reception Offices.

c) The Central Party and State Citizen Reception Office is responsible for coordinating with Ministries, sectors, and localities to effectively perform citizen reception tasks.

d) The Government Inspectorate is responsible for assisting the Government in managing state affairs concerning citizen reception; guiding Ministries, sectors, and localities on citizen reception work, organization, and procedures; building and managing databases on citizen reception, handling letters and complaints, and resolving denunciations and reflections.

III. STRENGTHENING AND IMPROVING THE QUALITY OF CITIZEN RECEPTION STAFF AND INCENTIVE POLICIES FOR CITIZEN RECEPTION STAFF

1. Review the cadre of citizen reception staff at all levels and sectors to develop plans for training and upgrading to improve quality and ensure sufficient numbers of staff to meet the requirements of citizen reception work.

2. Supplement staff with the necessary capabilities, qualities, and skills for citizen reception in citizen reception agencies. Citizen reception staff must be individuals with good moral character, sense of responsibility, objectivity, fairness; close to the masses, understanding psychology; knowledgeable about state management and law; trained in citizen reception procedures and complaint and denunciation resolution.

3. Study and build special incentive mechanisms and policies for direct citizen reception staff, letter and complaint handlers, and complaint and denunciation resolvers; stipulate that dedicated citizen reception staff receive occupational allowances and seniority allowances like inspectors; non-dedicated citizen reception staff receive daily allowances when performing citizen reception duties to encourage, motivate, and attract capable and morally upright staff to work in citizen reception agencies.

IV. STRENGTHENING MATERIAL INFRASTRUCTURE AND EQUIPMENT FOR WORK

1. For central and provincial citizen reception agencies, there must be separate offices. Citizen reception offices must be built grandly, conveniently, and ensure necessary conditions to effectively perform assigned tasks.

2. For Ministries, Departments, and People's Committees at the district and commune levels receiving citizens at their offices, they must have separate citizen reception rooms, ensuring necessary conditions for citizen reception.

3. Build a database system for citizen reception, connecting nationwide, initially focusing on developing citizen reception software to implement at the Government Inspectorate, Central Party and State Citizen Reception Office, and Provincial Citizen Reception Office; integrate citizen reception databases into the system; prepare the groundwork for implementing a national-wide network system.

C. IMPLEMENTATION ORGANIZATION

I. ASSIGNMENT OF RESPONSIBILITIES

1. The Government Inspectorate has the responsibility:

a) Lead and coordinate with the Ministry of Home Affairs and relevant agencies to review and statistically analyze the cadre of citizen reception staff; organize specialized training and vocational training for citizen reception staff.

b) Lead and coordinate with the Government Office, the Ministry of Home Affairs, the Ministry of Justice, and other relevant agencies to draft the Law on Complaints, the Law on Denunciations, and guiding documents on citizen reception work, linking citizen reception with complaint and denunciation resolution.

c) Coordinate with the Ministry of Finance to study and propose to the Government regulations and policies for citizen reception staff, letter and complaint handlers, and complaint and denunciation resolvers; strengthen material infrastructure for Citizen Reception Offices as outlined in the Project.

d) Lead and coordinate with relevant agencies to draft the Regulation on Citizen Reception to replace the Regulation on Citizen Reception issued together with Decree No. 89/CP dated August 7, 1997 of the Government.

In the long term, to establish a complete and consistent legal basis for citizen reception activities, the Government Inspectorate proposes drafting the Law on Citizen Reception.

f) Lead and coordinate with the Central Party Office, the Central Inspection Commission, the Committee for Petitions of the Standing Committee of the National Assembly, the Government Office, and the Central Steering Committee for Anti-Corruption to draft and issue regulations on coordination for citizen reception at the Central Party and State Citizen Reception Office.

g) Build an information database system on citizen reception, complaint resolution, and denunciation resolution to serve the search and understanding needs of agencies, organizations, and citizens.

h) Monitor, inspect, and guide the implementation of the Project, report results to the Prime Minister.

2. Local People's Committees at all levels are responsible for:

a) Reviewing the organization and operation of citizen reception agencies within their jurisdiction, developing plans to consolidate and improve the organization and staffing of citizen reception work according to the content of the Project.

b) Providing material conditions for local Citizen Reception Offices, ensuring they are grand, well-equipped with offices and necessary material and technical conditions to serve citizen reception work.

c) Selecting cadres with integrity, competence, and responsibility to handle public reception work; implementing special incentive policies for the cadre team handling public reception.

d) Strengthening propaganda, dissemination, and legal education, particularly laws on public reception, complaints, and denunciations, to enhance awareness and responsibility of heads of state agencies in public reception work and citizens' legal compliance.

Directing all levels and sectors to strictly implement regulations on public reception, complaint resolution, and denunciation handling as stipulated by law and the content of the Project.

e) Reporting on the implementation of the Project to the Chairman of the Provincial People's Committee for consolidation and reporting to the Government Inspectorate.

3. Responsibilities of the Ministry of Finance

Allocating funds for the implementation of the Project; taking the lead and coordinating with the Government Inspectorate, the Government Office, the Ministry of Home Affairs, and relevant agencies to submit to the Prime Minister the system of policies for cadres handling public reception, document processing, complaint resolution, and denunciation handling; enhancing material infrastructure for the Public Reception Office according to the content of the Project.

4. Responsibilities of the Ministry of Home Affairs

Taking the lead and coordinating with the Government Inspectorate and relevant agencies to strengthen staffing to meet the requirements of public reception work; training and enhancing the cadre team handling public reception work.

5. The Office of the Central Steering Committee for Anti-Corruption, within its functions and tasks, coordinates with the Government Inspectorate and relevant agencies to develop a coordination regulation for public reception, effectively performing public reception work at the Public Reception Office of the Central Party and State.

6. Responsibilities of Ministries and Sectors

Ministries and sectors base on their functions, tasks, and the content of the Project to coordinate with the Government Inspectorate, the Ministry of Finance, the Ministry of Home Affairs, and relevant agencies to review and strengthen the cadre team handling public reception work; enhance material infrastructure for public reception agencies.

7. Requesting relevant agencies: the Central Inspection Committee, the Central Office, the People's Petitions Committee of the Standing Committee of the National Assembly, within their functions and tasks, to coordinate with the Government Inspectorate and relevant agencies to develop a coordination regulation for public reception, effectively performing public reception work at the Public Reception Office of the Central Party and State.

II. TIMEFRAME AND IMPLEMENTATION SCHEDULE OF THE PROJECT

1. Organizational restructuring and cadre allocation for public reception agencies

a) By December 30, 2011, complete vocational training for public reception, complaint resolution, and denunciation handling for 100% of cadres handling public reception work.

b) By June 30, 2012, ministries, sectors, and localities complete the arrangement and allocation of cadres for public reception work; restructure organizational structures and machinery of public reception agencies at ministries, sectors, and localities.

2. Ensuring material infrastructure and equipping working facilities for the Public Reception Office

By December 30, 2011, complete the provision of material infrastructure and equipment for working facilities for the Public Reception Office of the Central Party and State in Hanoi and Ho Chi Minh City, the Public Reception Office of provinces and centrally-administered cities, and the public reception venues of ministries, agencies equivalent to ministries, government agencies, and district-level people's committees.

III. FUNDS FOR IMPLEMENTING THE PROJECT

1. Principles for budget preparation and fund usage

a) Funds for implementing the Project will be sourced from the state budget and other support sources (if available).

b) Ministries, sectors, and localities base on their implementation tasks to prepare budgets and submit them for approval by competent authorities.

c) Budget preparation, management, and fund usage must comply with legal provisions.

2. Funds for implementing the Project

a) Funds for constructing and improving the Public Reception Office, workplaces, and equipment.

b) Funds for building a database for managing and monitoring public reception.

c) Funds for training and vocational enhancement for public reception cadres.

Article 2. This Decision takes effect from the date of issuance.

Article 3. THE MINISTERS, HEADS OF GOVERNMENT-LEVEL MINISTRIES, HEADS OF GOVERNMENT-LEVEL AGENCIES, AND CHAIRMEN OF PROVINCE AND CITY PEOPLE'S COMMITTEES DIRECTLY UNDER THE CENTRAL GOVERNMENT SHALL BE RESPONSIBLE FOR ENFORCING THIS DECISION./.