Circular No. 98/2021/TT-BCA on the handling of citizens' complaints, reports, suggestions, and reflections in the People's Public Security Forces

CIRCULAR

Regulations on receiving citizens for complaints, reports, proposals, and reflections in the People's Public Security The Minister of Public Security issues this Circular to regulate the work of receiving citizens for complaints, reports, proposals, and reflections in the People's Public Security.

Pursuant to the Law on Receiving Citizens dated November 25, 2013;

BASED ON DECREE NO. 64/2014/ND-CP DATED JUNE 26, 2014 OF THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE CITIZEN GREETING LAW;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Inspector General of the Ministry of Public Security;

1. This Circular stipulates principles, locations, forms, personnel receiving citizens; responsibilities for receiving citizens, accepting petitions, information, documents, and evidence provided by complainants, reporters, proposers, and reflectors; management of citizen reception work in the People's Public Security.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. The reception of representatives of foreign organizations and individuals in Vietnam at the citizen reception location of public security agencies for complaints, reports, proposals, and reflections shall be implemented according to the provisions of this Circular, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

1. Agencies, units, and individuals with authority and responsibility for receiving citizens in the People's Public Security.

Article 2. Applicability

2. Individuals who come to the citizen reception location of public security agencies to make complaints, reports, proposals, and reflections.

3. Organizations and individuals related to the work of receiving citizens in the People's Public Security.

Article 3. Principles of Citizen Reception

1. Citizen reception must comply with the provisions of the Law on Citizen Reception, guiding documents implementing the Law on Citizen Reception, this Circular, and other relevant legal regulations.

2. Citizen reception must be conducted at the citizen reception location of authorized public security agencies at various levels.

3. Ensuring transparency, democracy, timeliness; simple procedures, convenience; maintaining confidentiality and ensuring safety for informants in accordance with the law; ensuring objectivity, equality, and non-discrimination during citizen reception.

4. Respecting and creating favorable conditions for citizens to exercise their rights to complaints, reports, proposals, and reflections in accordance with the law.

ORGANIZATION OF CITIZEN RECEPTION

Chapter II

Article 4. Locations for Citizen Reception

1. The Ministry of Public Security arranges a citizen reception location in Hanoi, ensuring material facilities and equipment including: audio and video recording devices, computers, printers, telephones, tables, chairs, notebooks, books, and other necessary conditions to serve citizen reception, with police forces assigned to ensure security and order. In cases of complex incidents causing disruption to security and order at the citizen reception location, the Hanoi Police and related units under the Ministry shall dispatch forces to cooperate in ensuring security and order at the Ministry's citizen reception location.

2. Units under the Ministry that have inspection organizations; provincial-level public security agencies (collectively referred to as provincial-level public security agencies) arrange citizen reception locations, ensuring necessary material facilities and equipment as stipulated in Clause 1 of this Article to serve citizen reception; they shall establish coordination mechanisms with functional units to ensure security and order at their own citizen reception locations.

3. Units under the Ministry without inspection organizations and units under provincial-level public security agencies sharing the same headquarters, based on their assigned functions and tasks and actual circumstances, report to their immediate superiors to arrange either shared or separate citizen reception locations, ensuring necessary material facilities and equipment to serve citizen reception.

4. County-level public security agencies (collectively referred to as county-level public security agencies), police stations, town police stations, village police stations, police posts (collectively referred to as village-level public security agencies) arrange locations, ensuring necessary material facilities and equipment to serve citizen reception.

6. Citizen reception locations of public security agencies at all levels must be arranged in convenient positions for citizens to easily and conveniently make complaints, reports, proposals, and reflections; they must display a rectangular sign "CITIZEN RECEPTION LOCATION" with a red background and yellow letters, clearly stating the name of the agency/unit, address, and contact phone number; they must publicly post internal regulations for citizen reception, names, ranks, positions, times, and schedules for citizen reception by heads and reception officers; there must be a bookshelf with legal books for citizens to refer to when making complaints, reports, proposals, and reflections.

6. The location for receiving citizens of public security agencies at all levels must be arranged in a convenient position to facilitate citizens' complaints, reports, suggestions, and reflections; there must be a rectangular sign reading "CITIZEN RECEPTION LOCATION" with a red background and yellow letters, clearly indicating the name of the agency or unit, address, and contact phone number; the internal regulations for citizen reception, the names, ranks, positions, and schedules of the heads and citizen reception officers must be publicly posted; there must also be a bookshelf containing legal books for citizens to refer to when making complaints, reports, suggestions, and reflections.

Article 5. Arrangement of officials to receive citizens

1. The Inspectorate of the Ministry, the Inspectorate of units under the Ministry's agency, and the Inspectorate of provincial public security departments shall assist their respective heads in arranging inspection officials to regularly receive citizens at the unit’s citizen reception location.

3. The Head of the Inspectorate of the Ministry, the heads of units under the Ministry's agency with an inspectorate organization; the Director of provincial public security departments shall base on the staffing and actual situation of their units and localities to arrange officials and leaders responsible for citizen reception work in accordance with requirements.

Article 6. Forms of receiving citizens

1. Regular citizen reception

a) Public security agencies at all levels shall organize regular reception of citizens who come to lodge complaints, file reports, make suggestions, or reflect issues at their own citizen reception locations during administrative hours on working days of the week;

b) The Inspectorate of the Ministry, the Inspectorate of units under the Ministry's agency, and the Inspectorate of provincial public security departments shall arrange leadership and inspection officials to regularly receive citizens at their unit’s citizen reception location. In necessary cases or when directly instructed by a higher-level head, the Head of the Inspectorate of the Ministry, the Head of the Inspectorate of units under the Ministry's agency, and the Head of the Inspectorate of provincial public security departments must personally receive citizens.

2. Periodic citizen reception

a) The Minister of Public Security shall periodically receive citizens at least once a month at the citizen reception location of the Ministry of Public Security (specific time is determined by the Inspectorate of the Ministry in coordination with the Ministry's Office and reported to the Minister for decision);

b) Heads of units under the Ministry's agency with independent headquarters; Directors of provincial public security departments shall periodically receive citizens at least once a month at their unit’s citizen reception location (specific time is determined by the respective head or director);

d) Chiefs of communal public security departments shall periodically receive citizens at least once a week at the communal public security department’s citizen reception location;

đ) Heads of units under the Ministry's agency and units under provincial public security departments sharing a common headquarters that do not organize periodic citizen reception must receive citizens when requested.

3. Sudden citizen reception

Heads of public security agencies at all levels, in addition to periodic citizen reception, must conduct sudden citizen reception in the following situations:

a) Complex cases involving many participants, related to the responsibility of multiple agencies, organizations, or units, or where opinions from these agencies, organizations, or units differ;

b) Complaints, reports, suggestions, or reflections that, if not promptly directed and reviewed, may result in serious consequences affecting national security, public order, or causing damage to state assets, agencies, organizations, or individuals; infringing upon the lives or health of citizens;

c) Receiving citizens based on requests from superiors.

Article 7. Public Citizen Reception Procedure

1. When citizens come to lodge complaints, file accusations, make suggestions, or provide feedback, public citizen reception officers shall receive them according to regulations, except for cases stipulated in Article 9 of the Law on Public Citizen Reception; request citizens to clearly state their names and addresses or present personal identification documents (if available); if they are authorized representatives, they must have lawful documents as prescribed.

2. Explain the rights and obligations of citizens when lodging complaints, filing accusations, making suggestions, or providing feedback, and request citizens to provide information, documents, and evidence to the police agency in accordance with the provisions of the law.

3. In cases where citizens come to lodge complaints, file accusations, make suggestions, or provide feedback without complaint or accusation letters, public citizen reception officers shall guide them in writing such letters. If citizens cannot write the letters themselves, public citizen reception officers shall record the contents of the complaints, accusations, suggestions, or feedback accurately in writing and require citizens to sign or affix fingerprints to confirm.

In cases where the presented content is unclear or incomplete, public citizen reception officers shall request citizens to provide additional explanations or supply relevant information, documents, and evidence to prove their claims.

4. In cases where the content of complaints, accusations, suggestions, or feedback falls within the jurisdiction and responsibility of multiple agencies, organizations, or units, public citizen reception officers shall guide citizens to write separate letters and submit them to the competent agencies, organizations, or units as prescribed by law.

5. In cases where complaints, accusations, suggestions, or feedback fall within the jurisdiction of the head of the same level, public citizen reception officers shall accept the letters and related information, documents, and evidence for processing in accordance with the law.

6. In cases where complaints, accusations, suggestions, or feedback do not fall within the jurisdiction of the head of the same level, public citizen reception officers shall guide citizens to submit their letters to the competent agencies or individuals as prescribed by law (except for reporting crimes, informing about criminal offenses, and suggesting prosecution).

7. In cases where complaints, accusations, suggestions, or feedback fall within the jurisdiction of the head of the directly subordinate level but have not been resolved beyond the prescribed time limit, public citizen reception officers shall accept the letters, report to the head of the same level for resolution, or propose that the head of the competent agency or unit resolve the matter.

8. Upon receiving letters and related information, documents, and evidence concerning complaints, accusations, suggestions, or feedback, public citizen reception officers must verify the validity of the information, documents, and evidence and issue a receipt for the acceptance, signed by the officer accepting it. The receipt shall be made in duplicate, one copy given to the citizen who lodged the complaint, filed the accusation, made the suggestion, or provided feedback.

9. After receiving letters and the information, documents, and evidence provided by citizens who lodged complaints, filed accusations, made suggestions, or provided feedback, public citizen reception officers must record them in the public citizen reception logbook or update them into the computer database system.

Article 8. Responsibilities of Public Citizen Reception Officers

1. Ensure uniform and comportment according to the regulations of the People's Public Security.

2. Maintain proper attitude, respect for citizens, listen attentively, accept letters of complaint, accusation, suggestion, or feedback, or record the content presented by citizens accurately and completely.

3. Explain and guide citizens who lodge complaints, file accusations, make suggestions, or provide feedback to comply with policies, laws, resolutions, and decisions already in effect as issued by competent authorities.

4. Guide citizens who lodge complaints, file accusations, make suggestions, or provide feedback to the correct agency or individual with jurisdiction as prescribed by law.

5. Inform citizens of the results of handling complaints, accusations, suggestions, or feedback as prescribed.

6. Carry out classification and processing of citizens' letters of complaint, accusation, suggestion, or feedback according to the regulations of the Ministry of Public Security and other relevant laws.

7. Perform other tasks assigned by the head of the unit or locality directly managing them.

Article 9. Responsibilities of Heads of Public Security Levels in Receiving Citizens

1. Enact internal regulations for receiving citizens; arrange convenient locations and ensure material conditions to serve the reception of citizens; assign staff to handle citizen reception on a regular basis; implement policies and benefits for citizen reception staff as prescribed; ensure security and order at the citizen reception location of their unit or locality.

2. Receive, process, and promptly direct the resolution of complaints, reports, suggestions, and reflections from citizens within their jurisdiction or within the jurisdiction of subordinate public security units, but which have not been resolved within the prescribed time limit according to the law.

3. Inspect, guide, and urge public security units and localities under their management to comply with legal provisions regarding citizen reception work.

Article 10. Responsibilities of Heads of Inspection Departments of Public Security Units and Localities in Receiving Citizens

1. Advise heads of the same level in citizen reception work; prepare plans and necessary conditions to serve the head of the unit in receiving citizens as prescribed.

2. Prepare contents and relevant information, documents related to complaints, reports, suggestions, and reflections that the head of the unit will receive from citizens.

3. Arrange specialized staff to record the content of citizen reception by the head; receive information, documents, and evidence provided by citizens.

4. Propose heads of public security units and localities involved to cooperate in receiving and resolving complaints, reports, suggestions, and reflections from citizens in accordance with the law.

5. After completing citizen reception, coordinate with relevant functional units to assist the head of the unit in preparing directives for resolution and informing citizens of the results of handling their petitions.

6. Monitor and urge agencies, units, and individuals to implement the directives of the head of the unit to respond to citizens as prescribed.

7. Perform other tasks assigned.

Chapter III

RESPONSIBILITIES FOR RECEIVING AND HANDLING COMPLEX CASES OF PETITIONS, REPORTS, SUGGESTIONS, AND REFLECTIONS INVOLVING MANY PARTICIPANTS

Article 11. Receiving and Handling Cases Involving Many People in Petitions, Reports, Suggestions, and Reflections

1. When many people simultaneously petition, report, suggest, or reflect on the same issue at the citizen reception location, the citizen reception staff shall request these people to elect representatives to present the content of their petitions, reports, suggestions, and reflections to the citizen reception staff (hereinafter referred to as the representative). The representative must be a petitioner, reporter, suggester, or reflector. The election of representatives must be evidenced by a written document signed by all petitioners, reporters, suggesters, and reflectors.

If there are from five to ten people, one or two representatives should be elected; if there are more than ten people, additional representatives may be elected, but not exceeding five. Representatives must bear legal responsibility for the legality of their representation and the document appointing them as representatives.

2. If many people come together to petition, report, suggest, or reflect on different issues, the citizen reception staff shall receive each person sequentially according to the content of their petitions, reports, suggestions, and reflections.

Article 12. Handling and Processing Complex Complaints, Reports, Suggestions, and Reflections Involving Multiple Participants

1. When there is a complex complaint, report, suggestion, or reflection involving multiple participants causing disruption to security and public order at the location for receiving citizens, the civil servant responsible for receiving citizens must quickly grasp the situation, the basic content of the case, related information, documents, evidence, and the demands of the complainants, reporters, suggesters, and reflectors; report and seek guidance from the head of the directly managing unit to request the police unit or local authority (where the citizen reception location is located) to cooperate in ensuring security and public order; handle individuals who violate the law; organize citizen reception according to regulations.

2. In cases where complex complaints, reports, suggestions, or reflections involving multiple participants have been resolved correctly in accordance with the law by competent authorities but citizens still file complaints, reports, suggestions, or reflections to higher levels, the civil servant responsible for receiving citizens has the responsibility to report to the head of the directly managing unit to request the police unit or local authority that previously had jurisdiction or where the citizens filed their complaints, reports, suggestions, or reflections to send officials to cooperate in receiving them or to persuade and encourage citizens to return to resolve the issue at the previous resolving unit.

3. Upon receiving a request from the head of the police unit or local authority with the authority to receive citizens, the head of the requested police unit or local authority shall be responsible for assigning officials to cooperate in implementing the provisions of Clause 1 and Clause 2 of this Article.

Chapter IV

MANAGEMENT OF CITIZEN RECEPTION WORK

Article 13. Management of Citizen Reception Work

1. The Minister of Public Security shall implement state management over citizen reception work within his scope of management as stipulated in Article 5 of the Law on Citizen Reception of the Ministry of Public Security. The Inspectorate of the Ministry of Public Security assists the Minister in uniformly managing citizen reception work throughout the People's Public Security force.

2. Heads of Public Security units at all levels are responsible to their immediate superiors for citizen reception work within their scope of management. Inspectors of Public Security units at all levels assist their respective heads in uniformly managing citizen reception work of their units and localities.

Article 14. Reporting in Citizen Reception Work

1. Reports on citizen reception work of Public Security units and localities are included in the monthly, quarterly, six-monthly, and annual reports on the results of inspection work in the People's Public Security force sent to the immediate superior head (through the Inspectorate at the same level as the immediate superior head). The reporting system and deadlines are implemented according to the reporting system in the People's Public Security force.

2. Special or urgent reports on citizen reception work must be submitted promptly as required by the competent authority and according to the reporting system in the People's Public Security force.

Chapter V

IMPLEMENTATION

Article 15. Effective Date

This Circular takes effect from December 3, 2021, and replaces Circular No. 30/2015/TT-BCA dated July 3, 2015, of the Minister of Public Security on receiving citizens for complaints, reports, suggestions, and reflections in the People's Public Security force.

Article 16. Responsibility for Implementation

1. The Inspectorate of the Ministry of Public Security is responsible for guiding, inspecting, and urging the implementation of this Circular throughout the People's Public Security force. Inspectors of Public Security units at all levels are responsible for inspecting, guiding, and urging the implementation of this Circular within their managed units and localities.

2. Heads of units under the Ministry of Public Security, Directors of Public Security of provinces and centrally-administered cities, and relevant organizations and individuals are responsible for implementing this Circular. During the implementation of this Circular, if there are difficulties, Public Security units and localities, relevant organizations, and individuals should report to the Ministry of Public Security (through the Inspectorate) for timely guidance.

During the implementation of this Circular, if there are difficulties, Public Security units and localities, relevant organizations, and individuals should report to the Ministry of Public Security (through the Inspectorate) for timely guidance./.