THE NATIONAL
ASSEMBLY
-------- |
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness --------------- |
Law No: 42/2013/QH13
|
Hanoi, 25 November 2013
|
LAW
Pursuant to the Constitution of the Socialist Republic of
Vietnam;
The National Assembly promulgates the Law on Reception of
Citizens.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of
regulation
1. This Law prescribes the responsibility for receiving
citizens; rights and obligations of persons making complaints, denunciations,
petitions and reports; the organization of citizen reception activities at
citizen reception offices and citizen reception places of agencies,
organizations and units, and conditions to ensure citizen reception activities.
2. The reception of representatives of agencies or
organizations making complaints, petitions or reports and reception of
foreigners making complaints, denunciations, petitions or reports are the same
as citizen reception.
Article 2.
Interpretation of terms
In this Law, the terms below are construed as follows:
1. Citizen reception means the reception by an
agency or organization or a unit or person provided in Article 4 of this Law of
a citizen to listen to and receive his/her complaint, denunciation, petition or
report and gives him/her explanations and instructions on making complaints,
denunciations, petitions or reports in accordance with law.
Citizen reception includes regular, periodical and
irregular receptions of citizens.
2. Petition or report means a citizen’s provision of
information, presentation of opinions and expectations, or suggestion of
solutions to a competent agency, organization, unit or person regarding matters
related to the implementation of guidelines, policies and laws and management
work in all fields of social life under the responsibility of that agency,
organization, unit or person.
3. Citizen reception places include citizen
reception offices, citizen reception places or other places arranged by
agencies, organizations or units responsible for citizen reception, which must
be publicly notified or notified in advance to received persons.
Article 3. Principles
of citizen reception
1. Citizen reception must be conducted at citizen reception
places of agencies, organizations or units.
2. Citizen reception must ensure publicity, democracy and
timeliness; simple and convenient formalities; confidentiality and safety for
denunciators in accordance with law; objectivity, equality and
non-discrimination.
3. Respect and facilitation for citizens to make
complaints, denunciations, petitions and reports in accordance with law.
Article 4.
Responsibility for citizen reception
1. State agencies responsible for receiving citizens
include:
a/ The Government;
b/ Ministries, ministerial-level agencies; directorates and
equivalent organizations; state management departments;
c/ People’s Committees of all levels;
d/ Specialized agencies of provincial-level People’s
Committees; specialized agencies of district-level People’s Committees;
dd/ Agencies of the National Assembly;
e/ People’s Councils of all levels;
g/ People’s Courts, People’s Procuracies and State Audit
Offices.
2. National Assembly deputies and deputies of People’s
Councils of all levels shall receive citizens in accordance with this Law and
other relevant legal documents.
3. Within the ambit of their functions, tasks and powers,
political organizations, the Vietnam Fatherland Front Committee,
socio-political organizations, government-attached agencies and public
non-business units shall receive citizens in conformity with the requirements,
scope and characteristics of their operations.
Pursuant to this Law, central agencies of political
organizations, the Vietnam Fatherland Front Committee and socio-political
organizations shall prescribe citizen reception at agencies and organizations
within their systems. The Government shall prescribe citizen reception at
government-attached agencies and public non-business units.
Article 5. Management
of citizen reception work
1. The Government shall uniformly perform the state management
of citizen reception work; and directly manage citizen reception work of state
administrative agencies at central and local levels.
The Government Inspectorate shall take responsibility
before the Government for performing the state management of citizen reception
work.
Ministries, ministerial-level agencies and People’s
Committees of all levels shall manage citizen reception work within the ambit
of their tasks and powers.
2. The National Assembly Standing Committee shall direct,
regulate and coordinate the organization of citizen reception activities of
National Assembly agencies and deputies.
Within the ambit of their tasks and powers, the Supreme
People’s Court, the Supreme People’s Procuracy and the State Audit Office shall
organize and manage citizen reception work of People’s Courts, People’s
Procuracies of all levels, and units of the State Audit Office respectively.
The agencies specified in this Clause shall periodically
review and report on results of citizen reception under their management to the
Government for summarization and reporting to the National Assembly.
Article 6. Prohibited
acts
1. Harassing, troubling or obstructing persons making
complaints, denunciations, petitions or reports.
2. Showing irresponsibility in receiving citizens; losing
or distorting information or documents provided by persons making complaints,
denunciations, petitions or reports.
3. Showing discrimination when receiving citizens.
4. Taking advantage of the rights to complain, denounce,
petition and report in order to cause public disorder.
5. Distorting or slandering, causing damage to agencies,
organizations, units or individuals.
6. Intimidating or offending citizen reception agencies,
organizations, units or officers or other officials on duty.
7. Inciting, forcing, inducing, dragging or bribing others
to crowd at citizen reception places.
8. Violating other rules and regulations on citizen
reception.
Chapter II
RIGHTS AND OBLIGATIONS OF
PERSONS MAKING COMPLAINTS, DENUNCIATIONS, PETITIONS OR REPORTS; RESPONSIBLITIES
OF CITIZEN RECEPTION OFFICERS
Article 7. Rights and
obligations of persons making complaints, denunciations, petitions or reports
1. When entering a citizen reception place, a person making
a complaint, denunciation, petition or report has the following rights:
a/ To present his/her complaint, denunciation, petition or
report;
b/ To receive instructions and explanations about contents
related to his/her complaint, denunciation, petition or report;
c/ To complain about or denounce illegal acts of the
citizen reception officer;
d/ To receive a notice of the receipt and results of
settlement of his/her complaint, denunciation, petition or report;
dd/ To use an interpreter in case he/she is not proficient
in Vietnamese;
e/ Other rights in accordance with the law on complaints
and denunciations.
2. When entering a citizen reception place, a person making
a complaint, denunciation, petition or report has the following obligations:
a/ To state his/her full name and address or produce
his/her personal identity paper or letter of authorization (if any);
b/ To show proper attitude toward and respect for the
citizen reception officer;
c/ To truthfully present the matter and provide information
and documents related to his/her complaint, denunciation, petition or report;
to sign or press his/her fingerprint to certify the presented contents recorded
by the citizen reception officer;
d/ To strictly observe the rules on citizen reception and
instructions of the citizen reception officer;
dd/ In case many persons make complaints, denunciations,
petitions or reports on the same matter, they shall appoint a representative to
present their complaints, denunciations, petitions or reports;
e/ To take responsibility before law for his/her complaint
or denunciation.
Article 8.
Responsibilities of a citizen reception officer
1. When receiving citizens, to be properly dressed and wear
the civil servant or public employee card or badge under regulations.
2. To request persons making complaints, denunciations,
petitions or reports to state their full names and addresses or produce their
personal identity papers and letters of authorization (if any); clearly present
their complaints, denunciations, petitions or reports in writing or verbally;
and provide information and documents necessary for receiving and processing
the matter.
3. To show proper attitude toward and respect for citizens,
to listen to and receive written complaints, denunciations, petitions or
reports, or fully and precisely record the contents of the presented complaints,
denunciations, petitions or reports.
4. To give explanations and instructions for persons making
complaints, denunciations, petitions or reports to observe guidelines,
policies, laws, conclusions and legally effective settlement decisions of competent
agencies; to refer persons making complaints, denunciations, petitions or
reports to agencies or persons competent to settle their complaints,
denunciations, petitions or reports.
5. To directly process or classify, forward or submit to
competent persons for settlement complaints, denunciations, petitions or
reports; to notify results of settlement of complaints, denunciations,
petitions or reports to citizens.
6. To request violators of the rules of the citizen
reception place to terminate their violations; when necessary, to make records
of violations and request functional agencies to handle violations in
accordance with law.
Article 9. Cases of
refusal of citizen reception
A citizen reception officer may refuse to receive a person
at a citizen reception place when:
1. That person is drunk due to the use of stimulants or
suffers a mental illness or another disease which deprives him/her of the
capacity to perceive or control his/her acts.
2. That person intimidates or offends the citizen reception
agency, organization, unit or officer or other officials on duty, or violates
the rules of the citizen reception place.
3. That person makes a complaint or denunciation about a
case which has been settled properly in accordance with policies and law and
examined, reviewed and notified in writing by competent state agencies and
he/she has been received and provided with explanations and instructions but
deliberately makes the complaint or denunciation to prolong the case.
4. Other cases as prescribed by law.
Chapter III
CITIZEN RECEPTION AT
CENTRAL, PROVINCIAL- AND DISTRICT-LEVEL CITIZEN RECEPTION OFFICES; CITIZEN
RECEPTION AT COMMUNAL LEVEL
Article 10. Citizen
reception offices
1. A citizen reception office is a place where citizens may
directly come to make complaints, denunciations, petitions or reports to
leaders of the Party and the State at central or local level, where
representatives of a number of central or local agencies and organizations
regularly participate in citizen reception and where leaders of the Party and
the State at central or local level receive in person citizens in necessary
cases.
2. Citizen reception offices include:
a/ Central citizen reception offices;
b/ Citizen reception offices in provinces and centrally run
cities (below referred to as provincial-level citizen reception offices);
c/ Citizen reception offices in urban and rural districts
and provincial cities and towns (below referred to as district-level citizen
reception offices).
3. Citizen reception boards shall be formed to directly
manage citizen reception offices at each level and coordinate with
representatives of concerned agencies and organizations in regularly receiving
citizens at citizen reception offices, and shall perform the following tasks
and powers:
a/ To organize the reception of citizens making complaints,
denunciations, petitions or reports at citizen reception offices;
b/ To
give explanations and instructions for citizens to make complaints,
denunciations, petitions or reports in accordance with law;
c/ To classify and process complaints, denunciations,
petitions or reports received at citizen reception offices; to forward those
which fall outside the scope and responsibility of settlement of the agencies
or organizations that regularly participate in receiving citizens at citizen
reception offices;
d/ To monitor and urge competent agencies, organizations
and units to handle, and reply on the settlement of, complaints, denunciations,
petitions or reports forwarded by citizen reception boards;
dd/ To review the situation and results of citizen
reception work at citizen reception offices; to periodically and irregularly
report them to competent agencies and organizations.
4. Agencies and organizations that participate in receiving
citizens at citizen reception offices shall send their representatives to
regularly participate in receiving citizens at citizen reception offices to
receive complaints, denunciations, petitions and reports under their
responsibilities.
5. The Government shall detail the tasks, powers and organizational
structures of citizen reception boards; and the arrangement of physical
foundations of citizen reception offices; and issue the regulation on
coordination of citizen reception activities at citizen reception offices.
Article 11. Citizen
reception at central citizen reception offices
1. Central citizen reception offices shall be based in
Hanoi and Ho Chi Minh City for receiving citizens who make complaints,
denunciations, petitions or reports to the central agencies of the Party, the
President and agencies of the National Assembly and the Government.
2. The central citizen reception board is under the
Government Inspectorate and shall directly manage central citizen reception
offices.
3. The Party Central Committee Office, the Inspection
Commission and Internal Affairs Commission of the Party Central Committee, the
President Office, the Government Office, and the People’s Aspirations Board of
the National Assembly Standing Committee shall appoint their representatives to
coordinate with the central citizen reception board in regularly receiving
citizens at central citizen reception offices.
4. The scope of receiving and handling complaints,
denunciations, petitions and reports at central citizen reception offices is
prescribed as follows:
a/ Representatives of the Party Central Committee Office
shall receive and handle petitions and reports on the line and policies of the
Party; and complaints and denunciations about party building work and other
matters within the tasks and powers of the central party commissions, except
the matters specified at Points b and c of this Clause;
b/ Representatives of the Party Central Committee’s
Inspection Commission shall receive and handle petitions and reports related to
the functions, tasks and powers of the party inspection commissions of all
levels; and complaints and denunciations about matters related to party
discipline, qualities of officials and party members, and activities within
party organizations falling under the competence of the Party Central Committee’s
Inspection Commission;
c/ Representatives of the Party Central Committee’s
Internal Affairs Commission shall receive and handle petitions and reports
related to the functions, tasks and powers of the internal affairs commissions
of all levels; and complaints and denunciations about internal affairs and
corruption prevention and control;
d/ Representatives of the People’s Aspirations Board of the
National Assembly Standing Committee shall receive and handle complaints,
denunciations, petitions and reports addressed to the National Assembly
Chairperson and National Assembly agencies;
dd/ Representatives of the President Office shall receive
and handle complaints, denunciations, petitions and reports related to the
functions, tasks and powers of the President;
e/ Representatives of the Government Office shall receive
and handle complaints, denunciations, petitions and reports related to the
guidelines, policies and decisions of the Government and the Prime Minister,
and to the responsibilities of multiple ministries and sectors;
g/ The
central citizen reception board shall receive and handle complaints,
denunciations, petitions and reports other than those specified at Points a, b,
c, d, dd and e of this Clause.
5. The Government General Inspector and Chairperson of the
Government Office shall receive in person citizens at central citizen reception
offices at least 1 day a month and irregularly receive citizens in the cases
specified in Clause 3, Article 18 of this Law.
6. The Government General Inspector shall issue rules on
citizen reception at central citizen reception offices.
Article 12. Citizen
reception at provincial-level citizen reception offices
1. The provincial-level citizen reception office shall be
organized in every province or centrally run city for receiving citizens who
make complaints, denunciations, petitions or reports to the provincial or
municipal Party Committee (below referred to as provincial-level Party
Committee), National Assembly deputy delegation and provincial-level People’s Council
and People’s Committee.
2. The provincial-level citizen reception board shall be
established by the provincial-level People’s Committee, under the
provincial-level People’s Committee Office and led by a Deputy Chief of the
Office, and shall directly manage the provincial-level citizen reception
office.
3. The Office, the Inspection Board and the Internal
Affairs Board of the provincial-level Party Committee, the Office of the
National Assembly deputy delegation and the provincial-level People’s Council
shall send their representatives to coordinate with the provincial-level
citizen reception board in regularly receiving citizens at the provincial-level
citizen reception office.
4. The scope of receiving and handling complaints,
denunciations, petitions and reports at the provincial-level citizen reception
office is prescribed as follows:
a/ Representatives of the provincial-level Party Committee
Office shall receive and handle petitions and reports on the line and policies
of the Party; and complaints and denunciations about party building work and
other matters related to the tasks and powers of the provincial-level Party
Committee;
b/ Representatives of the Inspection Board of the
provincial-level Party Committee shall receive and handle petitions and reports
related to the functions, tasks and powers of the Inspection Boards of the
Party Committees of the provincial and lower levels; and complaints and
denunciations about matters related to party discipline, qualities of officials
and party members, and activities within Party organizations falling under the
competence of the Inspection Board of the provincial-level Party Committee;
c/ Representatives of the provincial-level Internal Affairs
Board shall receive and handle petitions and reports related to the functions,
tasks and powers of the provincial-level Internal Affairs Board; and complaints
and denunciations about internal affairs and corruption prevention and control
falling under the competence of the provincial-level Internal Affairs Board;
d/ Representatives of the Office of the National Assembly
deputy delegation and the People’s Council shall receive citizens making
complaints, denunciations, petitions or reports to National Assembly deputies
of the local National Assembly deputy delegation and the provincial-level
People’s Council related to the performance of the tasks and powers of the
National Assembly and the People’s Council;
dd/ The provincial-level citizen reception board shall
receive and handle complaints, denunciations, petitions and reports related to
responsibilities of the provincial-level People’s Committee and its
chairperson, matters to be reported to the provincial-level People’s Committee
chairperson for direction; matters on the guidelines and decisions of the
provincial-level People’s Committee; and complaints, denunciations, petitions
and reports other than those specified at Points a, b, c and d of this Clause.
5. The provincial-level People’s Committee chairperson
shall receive in person citizens at the provincial-level citizen reception
office at least 1 day a month and irregularly receive citizens in the cases
specified in Clause 3, Article 18 of this Law.
6. The provincial-level People’s Committee chairperson
shall issue rules on citizen reception at the provincial-level citizen
reception office.
Article 13. Citizen
reception at district-level citizen reception offices
1. The district-level citizen reception office shall be
established in every rural district, urban district, provincial town and
provincial city for receiving citizens making complaints, denunciations,
petitions or reports to the district-level Party Committee, People’s Council
and People’s Committee.
2. The district-level citizen reception board shall be
established by the district-level People’s Committee, under the Office of the
district-level People’s Council and People’s Committee, and led by a Deputy
Chief of the Office, and shall directly manage the district-level citizen
reception office.
3. The Office and Inspection Board of the district-level
Party Committee shall send representatives to coordinate with the
district-level citizen reception board in regularly receiving citizens at the
district-level citizen reception office.
4. The scope of receiving and handling complaints,
denunciations, petitions and reports at the district-level citizen reception
office is prescribed as follows:
a/ Representatives of the district-level Party Committee
Office shall receive and handle petitions and reports on the line and policies
of the Party; and complaints and denunciations about party building work
falling within the competence of the district-level Party Committee;
b/ Representatives of the Inspection Board of the
district-level Party Committee shall receive and handle petitions and reports
related to the functions, tasks and powers of the Inspection Boards of the
Party Committees of district and lower levels; and complaints and denunciations
about matters related to party discipline, qualities of officials and party
members, and activities within Party organizations falling under the competence
of the Inspection Board of the district-level Party Committee;
c/ The district-level citizen reception board shall receive
and handle complaints, denunciations, petitions and reports related to the
performance of the tasks and powers of the district-level People’s Council;
responsibilities of the district-level People’s Committee and its chairperson,
matters to be reported to the district-level People’s Committee chairperson for
direction; matters on guidelines and decisions of the district-level People’s
Committee, and complaints, denunciations, petitions and reports other than
those specified at Points a and b of this Clause.
5. The district-level People’s Committee chairperson shall
receive in person citizens at the district-level citizen reception office at
least 2 days a month and irregularly receive citizens in the cases specified in
Clause 3, Article 18 of this Law.
6. The provincial-level People’s Committee chairperson
shall issue rules on citizen reception at the district-level citizen reception
office.
Article 14. Tasks and
powers the head of a citizen reception board
1. To manage and administer activities at the citizen
reception office; to administer and assess the task performance of citizen
reception officers of agencies and organizations regularly participating in
receiving citizens at the citizen reception office.
2. To assign civil servants to regularly receive citizens
at the citizen reception office.
3. To assume the prime responsibility for, and coordinate with
representatives of agencies and organizations participating in regularly
receiving citizens at the citizen reception office, and other concerned
agencies and organizations in, preparing the citizen reception by leaders of
central, provincial- and district-level party and state agencies, National
Assembly deputies and People’s Council deputies.
4. To request or propose related agencies, organizations
and units to send responsible persons to the citizen reception office for
participation in receiving citizens in complicated or other necessary cases.
5. To request or propose competent agencies, organizations,
units or persons to handle violators of the law on citizen reception or rules
and regulations on citizen reception.
Article 15. Citizen
reception in communes, wards and townships
1. Citizen reception by the Party Committees, People’s
Councils and People’s Committees of communes, wards or townships shall be
conducted at the offices of the People’s Committees of communes, wards or
townships (below referred to as commune-level People’s Committees).
2. The commune-level People’s Committee chairperson shall
personally manage citizen reception work at the commune level and perform the
following tasks:
a/ To issue rules on citizen reception;
b/ To arrange a convenient place and other necessary
conditions for receiving citizens at the office of the commune-level People’s
Committee;
c/ To appoint citizen reception officers;
d/ To receive in person citizens at the office of the
commune-level People’s Committee office at least 1 day a week and irregularly
receive citizens in the cases specified in Clause 3, Article 18 of this Law;
dd/ To closely coordinate with related agencies,
organizations and units in receiving citizens and handling cases involving many
people making complaints, denunciations, petitions or reports on the same
matter; to ensure safety and order for citizen reception activities;
e/ To review the situation and results of citizen reception
work and periodically and irregularly report thereon to competent agencies and
organizations.
Chapter IV
CITIZEN RECEPTION AT STATE
ADMINISTRATIVE AGENCIES; PEOPLE’S COURTS; PEOPLE’S PROCURACIES AND THE STATE
AUDIT
Article 16.
Organization of citizen reception at state administrative agencies
1. Ministries and ministerial-level agencies shall
establish a citizen reception section or arrange civil servants of their
inspectorates to receive citizens.
Ministers and heads of ministerial-level agencies shall
prescribe the citizen reception by their attached organizations in conformity
with the requirements, organizational characteristics and operations of each
organization.
2. Specialized agencies of provincial-level People’s
Committees shall arrange civil servants of their inspectorates to receive
citizens.
Provincial-level People’s Committee chairpersons shall
prescribe the citizen reception by agencies under specialized agencies of
provincial-level People’s Committees and by specialized agencies of
district-level People’s Committees in conformity with the requirements, organizational
characteristics and operations of each agency.
3. The Government, the Government Inspectorate, the
Government Office, provincial-level People’s Committees, district-level
People’s Committees, provincial-level People’s Committee Offices and Offices of
district-level People’s Councils and People’s Committees having regularly
participated in receiving citizens at central, provincial-level and
district-level citizen reception offices shall not arrange places for regular
citizen reception in their agencies.
Article 17. Citizen
reception at People’s Courts, People’s Procuracies and State Audit Offices
1. The Supreme People’s Court, People’s Courts of all
levels, the Supreme People’s Procuracy, People’s Procuracies of all levels, the
State Audit Office and regional State Audit Offices shall organize citizen
reception and arrange citizen reception places of their agencies to receive
complaints, denunciations, petitions and reports of citizens.
2. Within the ambit of their tasks and powers, the Chief
Justice of the Supreme People’s Court, the Procurator General of the Supreme
People’s Procuracy and the State Auditor General shall prescribe the
organization of citizen reception by their agencies, People’s Courts, People’s
Procuracies of all levels, and regional State Audit Offices, respectively.
Article 18.
Responsibilities of heads of agencies for citizen reception
1. To lead, direct and organize citizen reception work of
their agencies:
a/ To issue rules and regulations on citizen reception;
b/ To arrange convenient places for citizen reception; to
ensure necessary physical foundations for citizen reception;
c/ To assign cadres and civil servants to regularly receive
citizens;
d/ To closely coordinate with related agencies,
organizations and units in receiving citizens and handling cases involving many
people making complaints, denunciations, petitions or reports on the same
matter;
dd/ To examine and urge responsible agencies,
organizations, units and persons under their management to abide by the law on citizen
reception;
e/ To ensure safety and order for citizen reception
activities;
g/ To report on the situation and results of citizen
reception work to competent agencies and organizations.
2. To receive in person citizens at least 1 day a month at
citizen reception places of their agencies.
3. To irregularly receive citizens in the following cases:
a/ Pressing and complicated cases involving many people and
related to responsibilities of many agencies, organizations and units, or about
which opinions of agencies, organizations and units remain divergent;
b/ Cases, without prompt direction and consideration, may
cause serious consequences, lead to destruction of state or collective
property, harm the life or property of people, or affect security, political
stability or social order and safety.
4. When receiving citizens, to reply on the settlement of
cases to citizens. If unable to reply immediately, to direct agencies,
organizations, units, civil servants or public employees under their management
in promptly considering and settling the cases and notifying the time of reply
to citizens.
Article 19. Citizen
reception places
1. Citizen reception places of agencies, organizations and
units must be located in convenient positions and have necessary physical foundations
for citizens to present their complaints, denunciations, petitions or reports
easily and conveniently.
At citizen reception places must be posted up rules on
citizen reception of agencies or units, guidelines on the process of receiving
citizens and settling complaints, denunciations, petitions and reports in
accordance with law, and the information specified in Clause 2, Article 24 of
this Law.
2. The Government shall prescribe in detail the arrangement
of physical foundations of citizen reception places.
Chapter V
CITIZEN RECEPTION BY
NATIONAL ASSEMBLY AGENCIES, NATIONAL ASSEMBLY DEPUTIES, PEOPLE’S COUNCILS AND
DEPUTIES OF PEOPLE’S COUNCILS OF ALL LEVELS
Article 20. Citizen
reception by National Assembly agencies
1. National Assembly agencies shall organize citizen
reception at citizen reception places of the National Assembly, or citizen
reception places selected by National Assembly agencies when necessary, in
order to receive complaints, denunciations, petitions and reports of voters.
2. The National Assembly Standing Committee shall direct,
regulate, coordinate and organize citizen reception by National Assembly
agencies and National Assembly deputies.
The People’s Aspirations Board of the National Assembly
Standing Committee shall assist the latter in organizing citizen reception by
National Assembly agencies and National Assembly deputies; and represent
National Assembly agencies to regularly receive citizens at central citizen
reception offices and citizen reception places of the National Assembly.
3. The Ethnic Council and Committees of the National
Assembly shall assign representatives of their standing bodies to receive
citizens making complaints, denunciations, petitions or reports; study and
handle complaints, denunciations, petitions and reports on the fields under
their responsibilities; and coordinate with the People’s Aspirations Board and
concerned agencies in receiving citizens when necessary.
Article 21. Citizen
reception by National Assembly deputies
1. National Assembly deputies shall receive citizens at
provincial-level citizen reception offices or citizen reception places arranged
by National Assembly deputy delegations as assigned by heads of National
Assembly deputy delegations or when necessary.
The agenda on citizen reception by National Assembly
deputies shall be notified to National Assembly deputies at least 10 working
days before the date planned for reception. When unable to receive in person
citizens according to the notified agenda, a National Assembly deputy shall report
such to the head of the National Assembly deputy delegation at least 5 working
days before the date planned for reception.
2. When citizens request to meet National Assembly deputies
to present their complaints, denunciations, petitions or reports, National
Assembly deputies shall arrange time to receive them. If unable to receive them
yet, National Assembly deputies shall assign persons to receive their written
complaints, denunciations, petitions or reports, or make appointment to receive
citizens at appropriate time.
3. National Assembly deputy delegations shall organize
citizen reception by National Assembly deputies; assist National Assembly
deputies in forwarding written complaints, denunciations, petitions or reports
and monitoring and urging the settlement of complaints, denunciations,
petitions and reports of citizens forwarded by National Assembly deputies or
National Assembly deputy delegations to competent agencies, organizations or
units.
Article 22. Citizen
reception by People’s Councils and deputies of People’s Councils of all levels
1. Provincial- or district-level People’s Council deputies
shall receive citizens at the citizen reception office of the respective level
or at citizen reception places of the localities which they represent as
arranged by the standing body of the People’s Council of the respective level.
Commune-level People’s Council deputies shall receive
citizens at the office of the commune-level People’s Committee.
2. The standing bodies of provincial- and district-level People’s
Councils and commune-level People’s Council chairpersons shall organize citizen
reception by People’s Council deputies of their levels; work out the agenda on
citizen reception by People’s Council deputies; assign civil servants to
regularly receive citizens at provincial- and district-level citizen reception
offices; and organize citizen reception by People’s Council deputies at citizen
reception places of the localities which the deputies represent.
3. People’s Council deputies shall receive citizens as
assigned according to the agenda. When receiving complaints, denunciations,
petitions or reports of citizens, People’s Council deputies shall study them
and guide citizens in sending their complaints, denunciations, petitions or
reports to relevant competent agencies, organizations or persons. When
necessary, People’s Council deputies shall directly or via the standing body of
the People’s Council of the respective level or via the commune-level People’s
Council chairperson forward citizens’ written complaints, denunciations,
petitions or reports to competent agencies, organizations or units and monitor
and urge their settlement.
Article 23. Detailed
provisions on citizen reception by agencies of the National Assembly, National
Assembly deputies, People’s Councils and People’s Council deputies of all
levels
The National Assembly Standing Committee shall prescribe in
detail citizen reception by agencies of the National Assembly, National
Assembly deputies, People’s Councils and People’s Council deputies of all
levels.
Chapter VI
CITIZEN RECEPTION BY
AGENCIES, ORGANIZATIONS, UNITS AND INDIVIDUALS
Article 24.
Announcement of citizen reception by agencies, organizations, units and
individuals
1. Central and provincial- and district-level citizen
reception boards shall post up at citizen reception offices the agenda on
citizen reception by leaders of central or local party and state agencies and
lists of agencies, organizations and units with representatives to participate
in citizen reception, and matters to be settled at each citizen reception.
2. Agencies, organizations or units shall post up
information on citizen reception by their agencies, organizations or units at
their offices and citizen reception places and on their websites (if any).
Information to be announced includes:
a/ The citizen reception place;
b/ Time of regular citizen reception;
c/ Agenda on citizen reception by the head of the agency,
organization or unit; participants and tentative contents of regular citizen
reception.
3. Agendas on citizen reception by representatives of the
Ethnic Council and Committees of the National Assembly, National Assembly
deputies and People’s Council deputies must be posted up at citizen reception
places of the National Assembly, National Assembly deputy delegations and
provincial-, district- and commune-level People’s Councils.
4. Citizen reception agendas provided in Clause 1, at Point
c, Clause 2, and in Clause 3 of this Article must be posted up at least 5
working days prior to the date of citizen reception. If unable to receive
citizens according to the announced agenda for plausible reasons, the citizen
reception date may be delayed but a tentative time for citizen reception must
be specifically notified at the citizen reception place.
Article 25. Receipt
and initial processing of complaints, denunciations, petitions and reports
1. A citizen reception officer shall receive citizens
making complaints, denunciations, petitions or reports and request them to
state their full names and addresses or produce their personal identity papers
and letters of authorization (if any); receive their complaints, denunciations,
petitions or reports, or guide them in presenting the matter.
2. Contents of the matter presented must be recorded in the
citizen reception book, including the serial number and date of reception, full
name, address, contents of the matter, the process of consideration and
settlement by competent agencies, organizations or units (if any); request and
proposal of the person making the complaint, denunciation, petition or report;
receipt and handling of the matter.
In case of unavailability of a written complaint,
denunciation, petition or report, the citizen reception officer shall guide the
making thereof, or shall fully and precisely write contents of the complaint,
denunciation, petition or report and request the citizen to sign or press
his/her fingerprint on this record for certification. If the contents presented
are unclear and incomplete, the citizen reception officer shall request
additional presentation on the matter or supplementation of documents and
evidence.
3. In case there are complaints as well denunciations,
petitions or reports in a single petition, the citizen reception officer shall
guide the citizen concerned to write separate petitions for complaints and
denunciations, petitions or reports to competent agencies, organizations and
units in accordance with law.
Article 26.
Classification and forwarding of contents of complaints, denunciations,
petitions and reports to competent agencies and persons for processing and
settlement
1. In the course of citizen reception, complaints and
denunciations shall be classified and forwarded to competent agencies,
organizations, units and persons for processing and settlement as follows:
a/ The citizen reception officer shall receive information
and enclosed documents and evidence and report them to a competent person for
processing, if his/her agency, organization or unit is competent to settle the
complaints or denunciations;
b/ The citizen reception officer shall refer the person
making complaints or denunciations to a competent agency, organization or unit
for making complaints or denunciations if his/her agency, organization or unit
is not competent to settle such complaints or denunciations. If an agency,
organization or unit of a lower level is competent to settle complaints or
denunciations but such complaints or denunciations have not been settled, the
citizen reception officer shall report such to a competent person for
requesting that agency, organization or unit to settle the complaints or
denunciations;
c/ If the complaints or denunciations have been settled
according to policies and law, the citizen reception officer shall give
explanations and instructions for the person making complaints or denunciations
to comply with the decision on settlement of such complaints or denunciations
and the decision on handling of denounced violations, and request that citizen
to stop his/her complaints or denunciations;
d/ In case of receiving complaints or denunciations not
submitted in person by the person making such complaints or denunciations, the
citizen reception officer shall classify and process such complaints or
denunciations in accordance with the law on complaints and denunciations.
2. In the course of citizen reception, petitions and
reports shall be classified and forwarded to competent agencies, organizations,
units and persons for processing and settlement as follows:
a/ The citizen reception officer shall report petitions or
reports to a competent person for study, consideration and settlement or
assignment of a section to study, consider and settle such petitions or
reports, if his/her agency, organization or unit is competent to settle them;
b/ The citizen reception officer shall forward the petition
or the record of the contents presented by the person making the petition or
report to a competent agency, organization or unit for study, processing,
consideration and settlement.
Article 27.
Responsibility for notification to citizen reception boards and citizen
reception officers of the settlement of forwarded complaints, denunciations,
petitions and reports
1. A competent person of an agency, organization or unit
shall consider, handle or assign a specialized section to consider, handle and
notify the handling results of complaints, denunciations, petitions and reports
forwarded by the citizen reception section of his/her agency, organization or
unit to the citizen reception officer for notification to persons making
complaints, denunciations, petitions or reports according to Clause 1, Article
28 of this Law.
2. Agencies, organizations or units receiving complaints
and denunciations forwarded by National Assembly agencies, National Assembly
deputies, People’s Council deputies or citizen reception boards shall consider
and settle those complaints and denunciations in accordance with law and notify
the results to the forwarding agencies or persons within 7 working days after
settling a matter. In case such matter has been settled, they shall immediately
notify such to the forwarding agencies or persons.
Article 28.
Notification of handling results of complaints, denunciations, petitions and
reports
1. Within 10 working days after receiving a complaint,
denunciation, petition or report, a citizen reception officer shall directly
reply or notify in writing to the person making that complaint, denunciation,
petition or report of one of the following information:
a/ The complaint, denunciation, petition or report has been
processed for settlement;
b/ More processing time is needed to consider the
complaint, denunciation, petition or report as additional verification is
required according to the Law on Complaints or the Law on Denunciations;
c/ The complaint or denunciation is rejected because it
does not fall under the settling competence of the agency, organization or unit
or the conditions for processing that complaint or denunciation are not fully
met;
d/ The complaint, denunciation, petition or report has been
forwarded to a competent agency, organization, unit or person for settlement.
2. Agencies, organizations and persons competent to settle
complaints and denunciations shall notify settlement results to persons making
complaints and denunciations in accordance with the law on complaints and denunciations.
Within 5 working days after receiving a notice provided in
Clause 2, Article 27 of this Law, National Assembly agencies, National Assembly
deputies, People’s Council deputies or citizen reception boards shall notify
persons making complaints or denunciations of settlement results, if these
persons have previously so requested.
Chapter VII
RESPONSIBILITY FOR
RECEIVING AND HANLDING COMPLAINTS, DENUNCIATIONS, PETITIONS OR REPORTS ON THE
SAME MATTER MADE BY MANY PEOPLE
Article 29.
Appointment of representatives for making complaints, denunciations, petitions
or reports on the same matter
When many people make complaints, denunciations, petitions
or reports on the same matter at a citizen reception place, the citizen
reception officer shall request them to appoint a representative to present
their complaints, denunciations, petitions or reports (below referred to as
representative). This representative must be one among those persons making
complaints, denunciations, petitions or reports. The appointment of a
representative must be made in writing and signed by all persons making
complaints, denunciations, petitions or reports.
In case the number of persons making complaints,
denunciations, petitions or reports is between 5 and 10, 1 or 2 representatives
may be appointed. If this number is more than 10, more representatives may be
appointed but must not exceed 5. Representatives shall take responsibility
before law for the lawfulness of their representation and the written
appointment of representatives.
Article 30. Receipt
and handling of complaints, denunciations, petitions or reports on the same
matter made by many people at citizen reception places
1. The head of an agency, organization, unit or citizen
reception board where many persons making complaints, denunciations, petitions
or reports gather, shall directly receive or assign a person to receive their
representative, listen to contents of their complaints, denunciations,
petitions or reports presented by this representative, and receive their complaints,
denunciations, petitions or reports together with information and documents
provided by the representative.
In case of unavailability of written complaints,
denunciations, petitions or reports, the citizen reception officer shall either
request the representative to make a written one, or shall fully and precisely
record the matter presented by the representative, read out this record and
request the representative to sign or press his/her fingerprint on this record
for certification.
If his/her agency, organization or unit is competent to
settle the complaints, denunciations, petitions or reports, the citizen
reception officer shall receive and consider processing the matter for
settlement and notify the representative of the persons making the complaints,
denunciations, petitions or reports of the handling results in accordance with
law. If not, he/she shall forward such complaints, denunciations, petitions or
reports or refer the persons making complaints, denunciations, petitions or
reports to an agency competent to settle the matter.
2. For complicated complaints, denunciations, petitions or
reports involving many matters to be settled by different levels and sectors
which have been considered and settled by many agencies, organizations and units,
or cases involving many people with complicated developments, the head of an
agency, organization, unit or citizen reception board shall:
a/ Assume the prime responsibility for, or coordinate with
related agencies, organizations and units or the representative of the People’s
Committee of the locality where arise the complaints, denunciations, petitions
or reports in, receiving the representative of the persons making complaints,
denunciations, petitions or reports;
b/ Request related agencies, organizations and units to
provide information and documents; assign responsible persons to receive the
representative of the persons making complaints, denunciations, petitions or
reports.
3. In case the persons making complaints, denunciations,
petitions or reports commit provocative acts or cause disorder or intimidate
citizen reception officers and officials on duty, the head of the agency,
organization, unit or citizen reception board or the person managing the
citizen reception place shall promptly send more citizen reception officers and
request the police office or functional agencies to promptly take handling
measures.
Article 31.
Responsibility of heads of agencies, organizations and units for coordination
in receiving and handling cases involving many persons making complaints,
denunciations, petitions or reports
1. When receiving a request from the head of an agency,
organization, unit, citizen reception board or the citizen reception place, the
head of a related agency, organization or unit shall:
a/ Assign a responsible person to receive or directly
receive the representative of persons making complaints, denunciations,
petitions or reports;
b/ Provide information and documents on the matter
involving the complaints, denunciations, petitions or reports at the request of
competent persons;
c/ Settle the matter under his/her competence or direct
agencies, organizations or units under his/her management to settle the matter
in accordance with law;
d/ Assume the prime responsibility for mobilizing,
persuading and taking measures for citizens to return to their localities.
2. Within the ambit of their tasks and powers, heads of
police offices shall take, or coordinate with citizen reception boards and
related agencies, organizations and units in taking, measures to ensure public
order at places where many people come to make complaints, denunciations,
petitions or reports on the same matter; and handle violators in accordance
with law.
Article 32.
Responsibilities of the Government General Inspector, the Minister of Public
Security and chairpersons of the People’s Committees of Hanoi and Ho Chi Minh
City
1. The Government General Inspector and the Minister of
Public Security shall, within the ambit of their tasks and powers, guide,
examine and urge chairpersons of People’s Committees, police offices and
inspection agencies of all levels and other state agencies in handling cases
involving many people making complaints, denunciations, petitions or reports on
the same matter.
2. The chairpersons of the People’s Committees of Hanoi and
Ho Chi Minh City shall assist and coordinate with the Government General
Inspector and the Ministry of Public Security in handling cases involving many
people making complaints, denunciations, petitions or reports on the same
matter at central citizen reception offices when so requested.
Chapter VIII
CONDITIONS FOR ENSURING
CITIZEN RECEPTION ACTIVITIES
Article 33. Conditions
for ensuring citizen reception activities
1. The State shall adopt policies and ensure funds for
citizen reception activities, apply information technology and other technical
means to develop a national database on citizen reception and handling of
written complaints, denunciations, petitions and reports of citizens to serve
citizen reception work.
2. The Government shall detail conditions for ensuring
citizen reception activities.
Article 34. Criteria,
regimes and policies for citizen reception officers
1. A citizen reception officer must possess moral qualities
and professional qualifications, be conversant with policies of the Party and
laws of the State, practical and enthusiastic, have the ability to mobilize and
persuade the public, and be physically fit and responsible for the assigned
tasks.
2. Citizen reception officers are entitled to allowance for
citizen reception and other benefits as prescribed by the Government.
Chapter IX
IMPLEMENTATION PROVISIONS
Article 35. Effect
This Law takes effect on July 1, 2014.
The provisions on citizen reception of Chapter V of Law No.
09/1998/QH10 on Complaints and Denunciations which was amended and supplemented
under Law No. 26/2004/QH11 and Law No. 58/2005/QH11, and Chapter V of Law No.
02/2011/QH13 on Complaints, cease to be effective on the effective date of this
Law.
Article 36. Detailing
The National Assembly Standing Committee, the Government
and other competent agencies and organizations shall detail the articles and
clauses as assigned in this Law.
This Law was passed on November 25, 2013, by the XIIIth
National Assembly of the Socialist Republic of Vietnam at its 6th session.-
CHAIRMAN OF THE NATIONAL ASSEMBLY
Nguyen Sinh Hung |