Decree No. 89-CP Issuing the Regulation on Organizing Citizen Reception

DECREE

Issuing the Regulation on Organizing Citizen Reception

THE GOVERNMENT

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

Pursuant to the Ordinance on Citizens' Complaints and Accusations dated May 7, 1991;

At the proposal of the State Auditor General,

DECREE:

Article 1.- The accompanying Decree promulgates the Regulation on Organizing Citizen Reception.

Article 2.- This Decree takes effect 15 days from the date of signature. All previous regulations conflicting with this Decree are hereby abolished.

The State Auditor General shall be responsible for guiding, inspecting, and urging the implementation of this Decree.

Article 3.- Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decree.

REGULATIONS

Article 4. Locations for Citizen Reception

(Issued together with Decree No. 89/CP dated August 7, 1997 of the Government)

Chapter I:

GENERAL PROVISIONS

Article 1.- Heads of administrative state agencies at all levels and sectors, units of armed forces (referred to as agencies or units hereinafter) shall be responsible for organizing citizen reception to present complaints, accusations, reflections, and suggestions.

Article 2.- The purpose of citizen reception is:

1. To receive information, suggestions, reflections, and comments related to the policies, guidelines, and laws of the Party and the State, and management work of agencies and units.

2. To receive complaints and accusations within the jurisdiction of the Head of the agency or unit to examine and issue decisions, conclusions, or responses to citizens in accordance with the time limits prescribed by law on handling citizens' complaints and accusations.

3. To guide citizens to exercise their right to complain and accuse in accordance with policy and law, and to the competent authority to consider and resolve.

Article 3.- Agencies and units must organize a place for citizen reception at a convenient, spacious, and courteous location, ensuring necessary material conditions so that citizens can easily and conveniently present complaints, accusations, suggestions, and reflections.

At the reception site, the schedule and rules for citizen reception must be posted, along with procedures and guidance for citizens to file complaints and accusations according to legal procedures or the Ordinance on Procedures for Handling Administrative Cases to inform everyone and ensure compliance.

Article 4.- The local Public Security agency in charge and the Head of the agency or unit shall be responsible for coordinating and organizing security to ensure safety and order at the reception site.

Article 5.- The Head of the agency or unit shall be responsible for arranging dedicated staff for citizen reception.

Staff assigned the task of receiving citizens must be people of good character, clean, honest, professionally capable, knowledgeable about reality, familiar with the policies of the Party and the laws of the State, truly enthusiastic and responsible for the assigned task.

Article 6.- Citizens shall not abuse their right to complain and accuse to disrupt order at the reception site, slander, or insult state agencies or public officials and must bear legal responsibility for the contents of their complaints and accusations.

Chapter II:

Article 4. Locations for Citizen Reception

Article 7.- Chairpersons of Provincial People's Committees, centrally governed city People's Committees, District People's Committees, urban district People's Committees, and provincial city People's Committees must arrange a reception site for their level and dedicate at least one day per month for citizen reception, excluding urgent cases requiring immediate attention. Adequate staff must be arranged to continuously receive citizens.

Chairpersons of Commune People's Committees, Ward People's Committees, and Town People's Committees are responsible for receiving citizens at their office at least two sessions per week, excluding urgent cases requiring immediate attention.

Article 8.- Heads of central ministries and departments and local Departments must organize a reception site at their workplace and assign dedicated staff to receive citizens regularly.

Heads of the Ministries of Home Affairs, National Defense, Construction, Finance, Labor - Invalids and Social Affairs, Transport, Health, Education and Training, Agriculture and Rural Development, and the Land Administration Bureau shall regularly receive citizens at least one day per month, excluding urgent cases requiring immediate attention. Heads of other ministries and departments shall arrange time for citizen reception based on specific circumstances, but at least one session per month.

Article 9.- Heads of agencies and units shall be responsible for:

1. Receiving citizens to listen, process, and direct the resolution of complaints, accusations, suggestions, and reflections of citizens within their management domain.

2. Promptly directing relevant functional agencies under their management to investigate, verify, propose, and suggest solutions to complaints and accusations in accordance with the time limits prescribed by law on handling citizens' complaints and accusations.

3. Based on the provisions of this Regulation, organizing and specifying the responsibilities of the citizen reception site of their agency or unit.

Article 10.- The Central Party and State reception sites are located in Hanoi and Ho Chi Minh City.

The State Audit Office shall coordinate with the Government Office, the National Assembly Office, the Party Central Committee Office, and the Central Inspection Commission to arrange sufficient staff for continuous citizen reception at the reception site. The State Auditor General shall appoint a Department-level officer to be in charge of citizen reception work at the Central Party and State reception site. This officer shall be responsible for:

1. Leading the coordination of officers from related agencies participating in citizen reception at the reception site to receive, guide, and respond to citizens; organizing inspections, urging, and requesting Heads of ministries and departments, and Chairpersons of People's Committees at all levels to respond to the resolution of complaints, accusations, and suggestions of citizens transferred by Central Party and State reception site officers.

2. Reporting to Party and State leaders on the situation and results of citizen reception at the reception site when requested.

3. Preparing files and documents, organizing for Party and State leaders to meet citizens when requested.

4. Implementing reporting procedures to the State Auditor General to compile reports to the Party Central Committee, National Assembly, and Government on citizen reception work at the reception site.

5. Managing assets at the Central Party and State reception site.

Chapter III:

TASKS, POWERS OF CITIZEN RECEPTION STAFF, RIGHTS AND

OBLIGATIONS OF CITIZENS WHEN AT THE CITIZEN RECEPTION SITE

Article 11.- When performing duties, citizen reception staff must wear neat uniforms, wear identification badges as prescribed, introduce their positions to those being received.

Officials receiving citizens shall only receive citizens to lodge complaints at their office and shall not receive them at their private residences.

Article 12.- When receiving citizens, officials receiving citizens have the duty to:

1. Listen and record in the citizen reception logbook all contents presented by the citizens.

2. If the complaint or accusation falls within the jurisdiction of their own agency and has sufficient grounds, they must accept the complaint form, report to the head of their agency for consideration and resolution. Necessary contents of complaints or accusations must be requested to be confirmed by the citizens. Related documents and papers provided by the citizens must be accepted and a receipt must be issued fully.

3. If the complaint or accusation does not fall within the jurisdiction of their own agency, they must guide the citizens to the competent agency for resolution.

4. If the complaint or accusation has already been considered and resolved by the competent authority with a decision or resolution in accordance with laws and policies, they must provide a clear response and require the citizens to comply.

Article 13.- When receiving citizens, officials receiving citizens have the right to:

1. Refuse to receive cases that have already been examined, verified, and resolved by the competent authority according to the law, and have been fully answered to the parties involved.

2. Refuse to receive people who are under the influence of alcohol, mentally unstable, or those violating the regulations and internal rules of the citizen reception venue.

3. Require citizens to present fully and clearly the contents of their complaints or accusations, reasons, and requests for resolution, and to provide related evidence and documents.

In cases where citizens present complaints or accusations orally, if deemed necessary, they may be required to write them down in a document and sign to confirm.

Article 14.- When arriving at the citizen reception venue, citizens have the right to:

1. Be guided, explained, and answered about the contents they present.

2. Have the right to complain or accuse the direct superior of the official receiving citizens if they engage in wrongful acts, causing obstruction, harassment, or annoyance while performing their duties.

3. For cases of accusation, they can request to keep the name and address of the accuser confidential.

Article 15.- When arriving at the citizen reception venue, citizens have the obligation to:

1. Present personal identification documents such as national identity cards; invitation letters, if the citizen is not present directly, they may authorize one of their close relatives including parents, spouse, children, or siblings, these individuals must have an authorization letter certified by the competent authority.

2. Strictly adhere to the internal rules of the citizen reception venue and follow the guidance of the officials receiving citizens.

3. Truthfully present the matter and provide related documents when requested concerning their complaints or accusations.

4. Confirm the contents they have presented by signing.

5. In cases where multiple citizens come to the citizen reception venue to lodge the same complaint or accusation, they must appoint a representative to present to the official receiving citizens.

Chapter IV:

RELATIONSHIP BETWEEN CITIZEN RECEPTION VENUE AND COMPETENT AUTHORITY FOR RESOLUTION

Article 16.- Upon receiving complaints, accusations, suggestions, and reflections from citizens transferred by citizen reception venues, the heads of agencies and units with the authority to resolve must promptly examine and resolve within the time limit prescribed by law. If there is a decision or conclusion on resolution, they must respond to the parties concerned according to the law on complaints and accusations, and simultaneously inform the citizen reception venue that transferred the case.

Article 17.- Complaints, accusations, suggestions, and reflections transferred by officials of the Central Party and State Citizen Reception Office to competent authorities, if the heads of these agencies exceed the prescribed time limit without resolving, then the person responsible for work at the Central Party and State Citizen Reception Office has the right to request the head of that agency to resolve promptly. If this request is not complied with, they have the right to report to the competent authority to take measures. Specifically, in cases of complaints, they have the right to publicly announce on mass media.

Article 18.- For complaints, accusations, suggestions, and reflections transferred by officials of citizen reception venues at various levels and sectors to competent authorities for resolution, if the heads of these agencies exceed the prescribed time limit without resolving, then the person responsible for work at the citizen reception venue that transferred the case has the right to propose measures to the head of their level to handle the situation.

Chapter V:

IMPLEMENTATION

Article 19.- The National Inspector General assists the Prime Minister in managing the unified citizen reception work, responsible for guiding, inspecting, and urging the heads of ministries, sectors, and provincial-level People's Committees to organize citizen reception activities in accordance with the law; proposing necessary measures in citizen reception work, administrative handling of cases of intentional violation of citizen reception work and complaint resolution according to the law. Implementing regular reporting on citizen reception to the Standing Committee of the Politburo, the Standing Committee of the National Assembly, and the Prime Minister.

Heads of Inspectors General of various ministries and levels implement state inspection rights regarding citizen reception work within their jurisdiction, assisting the heads of ministries, sectors, and provincial-level People's Committees in managing citizen reception work in their respective sectors and localities; implementing regular reporting on citizen reception to the heads of ministries, sectors, or party committees, standing committees of people's councils, and chairmen of provincial-level People's Committees.

Article 20.- Ministers, heads of ministerial-level agencies, and provincial-level People's Committee chairpersons have the responsibility to guide, inspect, and urge levels and sectors under their management to implement citizen reception work in their respective sectors and localities.

Quarterly, they must compile the situation and results of citizen reception work and report to the Prime Minister, also sending it to the National Inspector General before the end of the quarter on the 20th day.

Article 21.- It is proposed that the Vietnam Fatherland Front, political-social organizations, the Supreme People's Court, and the Supreme People's Procuracy issue regulations on citizen reception appropriate to their functions, tasks, fields of activity, and management according to the law.

Article 22.- The Chairperson of People's Committees at all levels shall be responsible for coordinating with the Procurator of People's Procuracy, President of People's Court, Heads of mass organizations, and the Vietnam Fatherland Front at the same level to effectively organize the reception of citizens within their respective areas of management and jurisdiction.

Article 23.- During the implementation of this Regulation, agencies, units, and individuals who achieve outstanding results shall be promptly commended and rewarded.

Any agency, unit, or individual violating the provisions of this Regulation shall be dealt with strictly according to the current laws depending on the severity of the violation.