Thông tư 04/2010/TT-TTCP Quy trình xử lý đơn khiếu nại, tố cáo

CIRCULAR

PRESCRIBING THE PROCESS OF HANDLING WRITTEN COMPLAINTS AND DENUNCIATIONS AND COMPLAINT- OR DENUNCIATION-RELATED REPORTS AND PETITIONS

THE GOVERNMENT INSPECTORATE

Pursuant to the 1998 Law on Complaints and Denunciations; the 2004 Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations; and the 2005 Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations;

Pursuant to the Government s Decree No. 136/2006/ND-CP of November 14, 2006, detailing and guiding a number of articles of the Law on Complaints and Denunciations, and the laws amending and supplementing a number of articles of the Law on Complaints and Denunciations;

Pursuant to the Government s Decree No. 65/ 2008/ND-CP of May 20, 2008, defining the functions, tasks, powers and organizational structure of the Government Inspectorate;

The Government Inspectorate prescribes the process of handling written complaints and denunciations and complaint- or denunciation-related reports and petitions as follows:

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Circular provides for the receipt, classification, proposal on acceptance for handling of written complaints and denunciations and complaint- or denunciation-related reports and petitions (below collectively referred to as petitions) which fall within the settling competence of receiving agencies; guidance to complainants or transfer of written denunciations and complaint- or denunciation-related reports or petitions to agencies, units or persons with handling competence with regard to petitions which fall beyond the settling competence of receiving agencies.

Article 2.Subjects of application

This Circular applies to state administrative agencies and competent persons of state administrative agencies in the handling of petitions.

Article 3. Principles for handling of petitions

Within 10 days after receiving petitions from the sources defined in Clause 1, Article 4 of this Circular, heads of state administrative agencies shall handle them in accordance with law. ensuring scientificity, objectivity, honesty, accuracy and timeliness.

Chapter II

RECEIPT AND CLASSIFICATION OF PETITIONS

Article 4.Receipt of petitions

1. Petitions are received from the following sources:

a/ Petitions filed directly by agencies, organizations or individuals (via heads or deputy heads of agencies or units; via petition receipt sections of agencies or units; via feedback boxes of agencies or units; via citizen reception offices...):

b/ Petitions transferred by National Assembly deputies, People s Council deputies, Vietnam Fatherland Front and its member organizations, press agencies and other agencies;

c/ Petitions sent by post.

2. Petitions received from the sources defined in Clause 1 of this Article shall be recorded in a book or entered into a computer database for management and monitoring. The preservation of books and storage of computer data comply with the law on archives.

Article 5. Classification of petitions

In order to properly handle petitions according to law, remove unqualified petitions and serve the management, monitoring, reporting and review, petitions received from the sources defined in Clause 1, Article 4 of this Circular shall be classified as follows:

1. Classified by petition content.

a/ Complaints;

b/ Denunciations;

c/ Complaint- or denunciation-related reports and petitions;

d/ Multi-content petitions.

2. Classified by handling conditions

a/ Petitions qualified for handling

Petitions qualified for handling are those which satisfy the following requirements:

- Being written in Vietnamese and signed directly by complainants, denouncers, reporters or petitioners;

- Clearly indicating the day. month and year of complaint; full name and address of the complainant; name and address of the complained agency, organization or individual; content of and reason for complaint and requests of the complainant. Written denunciations must clearly indicate the full name and address of the denouncer; contents of denunciation; denounced agency, organization or individual. Complaint-or denunciation-related reports or petitions must clearly indicate the full name and address of the reporter or petitioner; contents of the report or petition.

- Having not yet been handled under law by receiving agencies or have already been handled under law but complainants, denouncers, reporters or petitioners can furnish new documents and evidence.

b/ Petitions unqualified for handling

Petitions unqualified for handling are those which fail to satisfy the requirements stated at Point a of this Clause; petitions already sent to different agencies and persons, including the proper agency or person with settling competence.

3. Classification by settling competence

a/ Petitions falling within settling competence of receiving agencies;

b/ Petitions falling beyond settling competence of receiving agencies.

4. Classification by number of complainants, denouncers, reporters or petitioners

a/ Petitions with the full name and signature of one person;

b/ Petitions with full names and signatures of many persons.

5. Classification by enclosed papers, documents

a/ Petitions enclosed with original papers and documents;

b/ Petitions not enclosed with original papers and documents.

6. Classification by competence of agencies or organizations

a/ Petitions falling within the settling competence of state administrative agencies;

b/ Petitions falling within the settling competence of state power bodies;

c/ Petitions falling within the settling competence of procedure-conducting or judgment enforcement agencies;

d/ Petitions falling within the settling competence of political organizations, socio­political organizations, socio-political and professional organizations, social organizations, socio-professional organizations or religious organizations.

Chapter III

HANDLING OF WRITTEN COMPLAINTS AND DENUNCIATIONS

Section 1. HANDLING OF WRITTEN COMPLAINTS

Article 6.Written complaints falling within settling competence of receiving agencies

1. For written complaints falling within their settling competence and qualified for acceptance under Article 2 of the Government’s Decree No. 136/2006/ND-CP of November 14.2006, detailing and guiding a number of articles of the Law on Complaints and Denunciations and the laws amending and supplementing a number of articles of the Law on Complaints and Denunciations, complaint-handling officers shall propose the heads of their agencies to accept them for settle­ment under law. The proposal on acceptance for settlement shall be made according to a set form.

2. For written complaints falling within their settling competence but not qualified for acceptance under Article 32 of the Law on Complaints and Denunciations, complaint-handling officers shall propose the heads of their agencies to reply the complainants, clearly stating the reasons for non-acceptance. The reply shall be made according to a set form.

Article 7. Written complaints falling beyond settling competence of receiving agencies

1. For written complaints falling beyond their settling competence, complaint-handling officers shall submit them to the heads of their agencies and guide the complainants to file their complaints with competent agencies, units or persons for settlement under law, except cases defined in Article 8 of the Government s Decree No. 136/2006/ND-CP of November 14, 2006. detailing and guiding a number of articles of the Law on Complaints and Denunciations and the laws amending and supplementing a number of articles of the Law on Complaints and Denunciations. The guidance will be provided only once according to a set form.

2. For written complaints falling within the settling competence of their subordinates which remain unsettled after the time limit prescribed by the Law on Complaints and Denunciations, complaint-handling officers shall propose the heads of their agencies to issue documents requesting the subordinates to settle such complaints.

3. For written complaints received and transferred by National Assembly deputies, People s Council deputies. Vietnam Fatherland Front and its member organizations, press agencies or other bodies, which, however, fall beyond their settling competence, complaint-handling officers shall propose the heads of their agencies to return the petitions and enclosed documents (if any) and notify in writing the reasons for non-acceptance to the agencies, organizations or individuals that have transferred the complaints. The notification of non-acceptance shall be made according to a set form.

Article 8.Written complaints with full names and signatures of many persons

For written complaints with full names and signatures of many persons, complaint-handling officers shall propose the heads of their agencies to return the complaints and enclosed documents (if any) to the complaint submitters and guide the complainants to write separate complaints of every person and send them to competent agencies, units or persons for settlement under law. The return of written complaints shall be recorded in writing according to a set form.

Article 9.Written complaints enclosed with original papers and documents

In case written complaints enclosed with original papers and documents are not accepted for settlement, the complaint-receiving agencies, after handling them, shall return such papers and documents to the complainants. If the written complaints are accepted for settlement, the return shall be made immediately after the issuance of a decision to settle the complaint.

Article 10.Written complaints about complaint-settling decisions which have taken legal effect but show signs of violation

In the course of studying written complaints about complaint-settling decisions which have taken legal effect, if having grounds to believe that the process of settling the complaints show signs of violation, affecting the legitimate rights and interests of complainants or complained persons or other related individuals, agencies or organizations or the interests of the State, complaint-handling officers shall report thereon to the heads of their agencies for consideration and decision.

Article 11.Written complaints about administrative decisions which may cause hard-to-remedy consequences

In the course of studying written complaints about administrative decisions or complaint-settling decisions, if seeing that the enforcement of the complained decisions will cause hard-to-remedy consequences, complaint-handling officers shall promptly report thereon to the heads of their agencies so that the latter consider and decide to suspend or propose competent authorities to suspend the enforcement of such decisions.

Section 2. HANDLING OF WRITTEN DENUNCIATIONS

Article 12.Written denunciations falling under settling competence of receiving agencies

For written denunciations falling within their settling competence, denunciation-handling officers shall propose the heads of their agencies to consider and decide on the acceptance thereof for settlement under law. The proposal on acceptance of written denunciations shall be made according to a set form.

Article 13.Written denunciations falling beyond the settling competence of receiving agencies

1. For written denunciations falling beyond their settling competence, denunciation-handling officers shall propose the heads of their agencies to transfer them together with evidence and enclosed documents (if any) to competent agencies, units or persons for settlement under law. The transfer of written denunciations shall be made according to a set form.

2. For written denunciations falling within the settling competence of their immediate subordinates which remain unsettled after the time limit prescribed by the Law on Complaints and Denunciations, denunciation-handling officers shall propose the heads of their agencies to request in writing the subordinates to settle them.

Article 14.Written denunciations against Party members under the management of the central level

Written denunciations against Party members under the management of the central level shall be handled under Decision No. 190-QD/TW of September 29, 2008. of the Political Bureau.

Article 15. Written denunciations against acts which have caused, are causing or threaten to cause serious damage to the interests of the State, agencies, organizations or the lives and property of individuals

For written denunciations against acts which have caused, are causing or threaten to cause serious damage to the interests of the State, agencies, organizations or the lives and property of individuals, denunciation-handling officers shall promptly report them to, advise and propose the heads of their agencies to apply measures to slop such acts under law or notify them to competent agencies or persons for promptly stopping these acts and mitigating and remedying their consequences.

Chapter IV

HANDLING OF OTHER KINDS OF PETITIONS

Article 16.Complaint- and denunciation-related reports and petitions

1. For complaint- or denunciation-related reports or petitions which fall under their settling competence, petition-handling officers shall propose the heads of their agencies to accept them for settlement under law. The proposal on acceptance of reports and petitions shall be made according to a set form.

2. For complaint- or denunciation-related reports and petitions which fall beyond their settling competence, petition-handling officers shall propose the heads of their agencies to consider and decide to transfer them together with enclosed documents (if any) to competent agencies, units or persons for settlement under law. The transfer of reports and petitions shall be made according to a set form.

Article 17.Multi-content petitions

For multi-content petitions, petition-handling officers shall separate such contents one by one for handling. The handling of complaint contents, denunciation contents, reporting contents and petition contents complies with provisions of this Circular,

Article 18.Petitions filed with citizen reception offices

The handling of petitions filed by agencies, organizations or individuals with citizen reception offices to exercise the rights to complaint, denunciation, report and petition complies with provisions of this Circular.

Article 19. Petitions falling within the settling competence of procedure-conducting or judgment enforcement agencies

For petitions falling within the settling competence of procedure-conducting or judgment enforcement agencies, petition- handling officer shall report them to the heads of their agencies and guide the petition submitters or transfer the petitions to competent agencies, units or persons for further handling according to the law on criminal procedures, the law on civil procedures, the law on procedures for settlement of administrative cases, the law on judgment enforcement and other regulations on procedures and judgment enforcement.

Article 20. Petitions falling within the settling jurisdiction of state power bodies

For petitions falling within the settling jurisdiction of state power bodies, petition-handling officers shall report them to the heads of their agencies and guide the petition submitters or transfer the petitions to competent agencies, units or persons for settlement under law.

Article 21. Petitions falling within the settling competence of political organizations, socio­political organizations, socio-political and professional organizations, social organizations, socio-professional organizations or religious organizations

For petitions with contents related to the organization and internal activities of political organizations, socio-political organizations, socio-political and professional organizations, social organizations, socio-professional organizations or religious organizations, petition-handling officers shall report them to the heads of their agencies and guide the petition submitters or transfer the petitions to competent agencies for handling and consideration under the charters or regulations of such organizations.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 22. Effect

1. This Circular takes effect on October 11, 2010.

2. Any problems arising in the course of implementation should be reported to the Government Inspectorate for consideration, amendment and supplementation.-