Nghị định 136/2006/ND-CP

Decree of Government No. 136/2006/ND-CP of November 14, 2006 detailing and guiding the implementation of 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

Nội dung toàn văn Decree of Government No. 136/2006/ND-CP of November 14, 2006 detailing and guiding the implementation of 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 GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 136/2006/ND-CP

Hanoi, November 14, 2006

 

DECREE

DETAILING AND GUIDING THE IMPLEMENTATION OF 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 GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant o the December 2, 1998 Law on Complaints and Denunciations;
Pursuant to the June 15, 2004 Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations;
Pursuant to the November 29, 2005 Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations;
At the proposal of the Inspector General,

DECREES:

Chapter I

COMPLAINTS AND SETTLEMENT OF COMPLAINTS ABOUT ADMINISTRATIVE DECISIONS, ADMINISTRATIVE ACTS

Section 1. COMPLAINTS AND HANDLING OF WRITTEN COMPLAINTS

Article 1.-

1. Citizens shall exercise their right to complain in the following forms:

a/ Self-exercise of the right to complain;

b/ If complainants are minors, persons suffering mental or other diseases which render them unable to be aware of or control their acts, their fathers, mothers, spouses, offspring or siblings who have full civil act capacity or their guardians shall act as their representatives to lodge complaints; in case of the absence of such representatives, the Vietnam Fatherland Front Committees of communes, wards or district towns where those people reside shall appoint representatives to make complaints;

When lodging complaints, representatives must possess papers or certifications of People's Committees of communes, wards or district towns where the complainants resides to prove to competent state bodies their lawful representation;

If the Vietnam Fatherland Front Committees of communes, wards or district towns appoint representatives to lodge complaints, documents clearly stating the reasons and responsibilities of the representatives are required;

Representatives have the rights and obligations of complainants specified in the Law on Complaints and Denunciations and the 2005 Law Amending and Supplementing a Number of Article of the Law on Complaints and Denunciations.

c/ If complainants are sick, old and weak or physically handicapped or for other objective reasons, thus being unable to lodge complaints by themselves, they may authorize their fathers, mothers, spouses, adult offspring, siblings or others who have full civil act capacity to lodge their complaints. The authorized persons must make complaints in strict accordance with the contents of authorization.

The authorization must be made in writing and certified by People's Committees of communes, wards or district towns where the authorizers reside.

2. Agencies shall exercise the right to complain through representatives being their heads. The agency heads may authorize their representatives according to law to exercise the right to complain.

3. Organizations shall exercise the right to complain through representatives being their heads specified in decisions on establishment of the organizations or in their charters. The organization heads may authorize representatives according to law to exercise the right to complain.

Article 2.- State agencies shall accept complaints for settlement when the following conditions are fully met:

1. The complainants must be those who have their lawful rights or interests directly affected by the administrative decisions or administrative acts they complain about.

2. The complainants must have full civil act capacity under the provisions of law; if complaints are made through representatives, the representatives must be those specified in Article 1 of this Decree.

3. The complainants must file their written complaints with proper agencies competent to settle them within the statute of limitations or time limit prescribed by the Law on Complaints and Denunciations.

4. The complaints have not yet been given decisions on second-time settlement.

5. The complaints have not yet been accepted by a court for settlement.

Article 3.-

1. When providing legal assistance to complainants, lawyers have the following rights:

a/ To assist complainants in writing complaints; to join complainants in contacting agencies, organizations or individuals involved in the complaints in order to gather documents and evidence; to produce evidence to protect the legitimate rights and interests of complainants;

b/ To join complainants in meeting with and talking to the complaint settlers, the complained persons and other relevant people;

c/ To participate in other stages of the complaint-settling process;

d/ To assist complainants in exercising their rights in accordance with law in order to protect their legitimate rights and interests.

2. When providing legal assistance to complainants, lawyers are obliged to strictly realize the contents of assistance requested by the complainants in accordance with law; not to incite, coerce, buy off, induce complainants to make untruthful complaints nor abuse the right to complain to distort, slander, break public order or harm the interests of agencies, organizations or individuals.

3. When participating in the process of settling complaints to provide legal assistance to complainants, lawyers must produce the following papers:

a/ The lawyer's card;

b/ The complainant's written request for legal assistance;

c/ The introduction paper of the law-practicing organization, for lawyers practicing their profession in law-practicing organizations, or the introduction paper of the bar association of which the lawyers are members, for lawyers practicing their profession independently.

4. Relevant agencies, organizations and individuals shall create favorable conditions for lawyers to provide legal assistance to complainants in the course of settling complaints.

Article 4.- When complainants cannot lodge their complaints within the prescribed statute of limitations due to their ailments, natural calamities, enemy sabotage, their far-away missions or study or other objective obstacles, the duration when such obstacles exist are not counted in the statute of limitations for complaints; the complainants must produce the written certifications of such objective obstacles by commune-level People's Committees, medical establishments or agencies, organizations where the complainants work to agencies competent to settle the complaints.

Article 5.- In the course of lodging their complaints, complainants must still abide by the administrative decisions or administrative acts they complain about, unless those decisions or acts are suspended under Article 35 of the Law on Complaints and Denunciations and Clause 15, Article 1 of the 2005 Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations.

Article 6.- When receiving written complaints, state agencies shall handle them as follows:

1. For written complaints which fall under their respective settling competence and fully meet the conditions specified in Article 2 of this Decree, they must accept them for settlement; if a written complaint is signed by many persons, they shall guide the complainants to write their separate applications to lodge the complaint.

2. For written complaints which fall under their respective settling competence but fail to meet all the conditions specified in Article 2 of this Decree, they shall reply the complainants in writing, clearly stating the reasons for not accepting them.

3. For a written application containing both the complaint and denunciation, the receiving agency shall handle the complaint in accordance with Clauses 1, 2 and 5 of this Article while handling the denunciation under the provisions of Article 38 of this Decree.

4. For written complaints which fall under the settling competence of subordinate authorities but have not yet been settled within the prescribed time limit, the heads of the superior state agencies shall request the subordinate authorities to settle them and at the same time shall direct, inspect and urge the settlement by the subordinate authorities and apply measures according to their competence to handle persons who show irresponsibility in settling, or deliberately delay the settlement of, those complaints. When it is necessary to apply measures beyond their jurisdiction, they shall propose competent state bodies or authorities to handle them.

5. For written complaints which do not fall under their settling competence or written complaints about matters already settled under second time-settlement decisions, the agencies receiving the written complaints shall not handle them but provide the complainants with written guidance and reply. The guidance and reply shall be made only once for a complained matter; if complainants send original papers and documents relating to the complained matters, the receiving agencies may return such papers and documents to the complainants.

Article 7.- State agencies which receive written complaints transferred by National Assembly deputies, People's Council deputies, Vietnam Fatherland Front Committees or the Front's member organizations or press agencies shall accept them for settlement if they fall under their respective competence and notify such to the agencies, organizations or individuals that have transferred them; or return the written complaints if they do not fall under their competence and notify such to the agencies, organizations or individuals that have transferred them.

Article 8.- When receiving written complaints which fall under the competence of the heads of the administrative agencies of the same level, the state inspectorates shall consider and report them to the heads of the administrative agencies of the same level for decision on the acceptance of such complaints for settlement.

Section 2. RESPONSIBILITIES OF HEADS OF STATE ADMINISTRATIVE AGENCIES IN THE SETTLEMENT OF COMPLAINTS

Article 9.-

1. In the course of first-time settlement of complaints, the complaint settlers shall personally meet with, and talk to, the complainants, the complained persons, the persons with related rights and interests in order to clarify the complaint contents and requests of the complainants and the orientations for settling the complaints; such meetings and talks must be conducted in a public and democratic manner; when necessary, they may invite representatives of socio-political organizations to attend.

For the second time-settlement of complaints, the direct meetings and talks are only conducted when necessary. If complaints are complicated cases or matters, the second time- complaint settlers shall meet with and directly talk to the complainants, the complained persons and the persons with related rights and interests. The meetings and talks are conducted as in the first time.

2. The complaint settlers shall notify in writing the complainants, the complained persons, the persons with related rights and interests and representatives of socio-political organizations of the time, venues and contents of such meetings or talks; the notified persons shall come on time to the right places.

3. In such meetings or talks, the complaint settlers must clearly state the contents to be talked about, the results of verification of the complaint contents; persons participating in the talks may present their opinions and show evidence relating to the complained matters and their requests.

4. The meetings and talks must be recorded in writing; the records must contain the opinions of the participants, the summarized results of the contents talked about, and be signed by the participants; if a participant refuses to sign the records, the reasons therefor must be indicated. These records shall be kept in the dossiers of complaint cases.

5. The results of meetings and talks shall serve as a basis for the settlement of complaints.

Article 10.-

1. Commune-level People's Committee presidents shall settle complaints falling under their respective competence according to the order and procedures prescribed in the Law on Complaints and Denunciations and the 2005 Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations.

2. Pursuant to the provisions of law, the results of meetings and talks, the verification results, conclusions and proposals on settlement of complaints, commune-level People's Committee presidents shall issue decisions on settlement of complaints within the time limits prescribed by the Law on Complaints and Denunciations.

3. Commune-level People's Committee presidents shall send the complaint settlement decisions to the complainants, the complained persons, persons with related rights and interests and district-level People's Committees.

4. Commune-level People's Committee presidents shall execute, or organize the execution of, legally effective complaint settlement decisions within the scope of their responsibility.

Article 11.- Heads of the agencies attached to district-level People's Committees, heads of the agencies attached to provincial/municipal Services and heads of agencies attached to ministries, ministerial-level agencies or government-attached agencies shall settle complaints falling under their respective competence. The complaint settlement shall comply with the order and procedures prescribed by the Law on Complaints and Denunciations, the 2005 Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations and Article 10 of this Decree.

Article 12.-

1. District-level People's Committee presidents shall settle complaints falling under their respective competence according to the order and procedures prescribed by the Law on Complaints and Denunciations and the 2005 Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations.

District-level People's Committee presidents shall base themselves on the contents and nature of the complaints to assign district chief inspectors or heads of their specialized agencies to conduct verification, make conclusions and propose solutions or to assign the chief inspectors to assume the prime responsibility for, and coordinate with the heads of the specialized agencies in, conducting the verification, making conclusions and proposing solutions.

2. Pursuant to the provisions of law, the results of meetings and talks, the results of verification, conclusions and the proposal on solution of complaints, district-level People's Committee presidents shall issue decisions to settle the complaints within the time limit prescribed by the Law on Complaints and Denunciations.

3. District-level People's Committee presidents shall send the complaint settlement decisions to the complainants, the complained persons and the persons with related rights and interests; if they are the first-time settlement decisions, they must also be sent to provincial-level People's Committees.

4. District-level People's Committee presidents shall implement, or organize the implementation of, legally effective decisions on settlement of complaints within the scope of their responsibilities; examine and urge their subordinate agencies and units in the implementation of legally effective decisions on settlement of complaints.

Article 13.-

1. Directors of provincial/municipal Services and people holding equivalent positions under the provincial-level People's Committees (collectively referred to as Service Directors) shall settle complaints falling under their respective competence according to the order and procedures prescribed by the Law on Complaints and Denunciations and the 2005 Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations.

The Service Directors shall base on the contents and nature of complaints to assign the Services' chief inspectors or heads of their specialized sections or boards to conduct verification, make conclusions and propose the solution thereof or to assign the Services' chief inspectors to assume the prime responsibility for, and coordinate with heads of their specialized sections or boards in, conducting verification, making conclusions and proposing solutions.

2. Pursuant to the provisions of law, the results of meetings and talks, the verification results, conclusions and proposed solutions of complaints, the Service Directors shall issue the settling decisions within the time limits prescribed in the Law on Complaints and Denunciations.

3. The Service Directors shall send complaint settlement decisions to the complainants, the complained persons, the persons with related rights and interests and the persons with the second-time settlement competence.

4. The Service Directors shall implement, or organize the implementation of, legally effective decisions on settlement of complaints within the scope of their respective responsibilities; examine and urge their subordinate agencies and units in the implementation of legally effective decisions on settlement of complaints.

Article 14.-

1. Provincial-level People's Committee presidents shall settle complaints falling under their respective competence according to the order and procedures prescribed in the Law on Complaints and Denunciations and the 2005 Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations.

Provincial-level People's Committee presidents shall base on the contents and nature of the complaints to assign the provincial-level chief inspectors or heads of their specialized agencies to conduct the verification, make conclusions and propose solutions or to assign the chief inspectors to assume the prime responsibility for, and coordinate with the heads of specialized agencies in, conducting the verification, making conclusions and proposing solutions.

2. Pursuant to provisions of law, the results of meetings and talks, the verification results, conclusions and proposed solutions of complaints, provincial-level People's Committee presidents shall issue complaint settlement decisions within the time limit prescribed in the Law on Complaints and Denunciations.

3. Provincial-level People's Committee presidents shall send the complaint settlement decisions to the complainants, the complained persons, the persons with related rights and interests; ministers, heads of ministerial-level agencies are competent for the second-time settlement of such complaints.

4. Provincial-level People's Committee presidents shall implement, or organize the implementation of, legally effective decisions on settlement of complaints within the scope of their respective competence; examine and urge their subordinate agencies and units in the implementation of legally effective decisions on settlement of complaints.

Article 15.-

1. Ministers, heads of ministerial-level agencies or heads of government-attached agencies shall settle complaints falling under their respective competence according to the order and procedures prescribed by the Law on Complaints and Denunciations and the 2005 Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations.

Ministers, heads of ministerial-level agencies or heads of government-attached agencies shall base on the contents and nature of complaints to assign the ministerial chief inspectors or heads of their attached departments or units to conduct verification, make conclusions and propose settlement solutions or to assign the ministerial chief inspectors to assume the prime responsibility for, and coordinate with heads of their attached departments or units in, conducting verification, making conclusions and proposing settlement solutions.

2. Pursuant to the provisions of law, the results of meetings and talks, the verification results, conclusions and proposed settlement solutions of complaints, ministers, heads of ministerial-level agencies or heads of government-attached agencies issue settling decisions within the time limits prescribed by the Law on Complaints and Denunciations.

3. Ministers, heads of ministerial-level agencies or heads of government-attached agencies shall send complaint settlement decisions to the complainants, the complained persons and the persons with related rights and interests.

4. Ministers, heads of ministerial-level agencies or heads of government-attached agencies shall implement, or organize the implementation of, legally effective decisions on settlement of complaints within the scope of their respective competence; examine and urge their agencies and units in the implementation of legally effective decisions on settlement of complaints.

Article 16.- Inspector General has the competence:

1. To settle complaints falling under his/her competence according to the order and procedures prescribed by the Law on Complaints and Denunciations and the 2005 Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations.

2. To assist the Prime Minister in monitoring, inspecting and urging the ministries, ministerial-level agencies, government-attached agencies and the People's Committees of all levels in the reception of citizens, settlement of complaints and implementation of legally effective decisions on settlement of complaints.

Upon detection of law violations causing damage to the interests of the State or the legitimate rights and interests of citizens, agencies or organizations, to propose the Prime Minister or competent persons to apply necessary measures to stop the violations, to examine the liabilities of, and handle the violators.

If, 30 days after the receipt of proposals, the competent persons fail to realize such proposals, to report such to the Prime Minister for consideration and decision.

Article 17.- Complaint settlers must issue decisions on settlement of complaints according to the contents specified in Clauses 11 and 18 of Article 1 of the 2005 Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations; may not use notices, minutes of meetings or other documents in replacement of complaint settlement decisions.

Article 18.-

1. Within 5 days after signing the complaint settlement decisions, the complaint settlers must publicize those decisions.

2. Based on the purposes and requirements of the publicity of complaint settlement decisions, the complaint settlers shall select one or a number of the following forms to realize the publicity:

a/ Posting up at the working offices or citizen reception places of the agencies which have issued the complaint settlement decisions;

b/ Announcement on the mass media;

c/ Loading on websites;

d/ Organization of the publicity of complaint settlement decisions;

e/ Distribution of publications.

Section 3. EXECUTION OF COMPLAINT SETTLEMENT DECISIONS

Article 19.- Legally effective decisions on settlement of complaints must be strictly implemented by individuals, agencies or organizations; the complaint-settlement decision issuers shall urge, examine, apply necessary measures according to their competence or request competent state bodies to apply necessary measures to ensure the strict implementation of the complaint settlement decisions. If necessary, the complaint-settlement decision issuers request functional bodies to coordinate in organizing the execution of legally effective decisions on settlement of complaints.

Article 20.- Based on the contents of the complaint settlement decisions of competent persons, heads of the state agencies having their administrative decisions or administrative acts complained about have the responsibility:

1. To issue substitute administrative decisions or to amend the complained administrative decision and organize the execution of those decisions, stop their complained administrative acts if the complaints are correct; to pay damages, restore the legitimate rights and interests for the victims in accordance with law.

2. To explain and request the complainants to strictly abide by the complaint settlement decisions, if the complaints are incorrect; if it is necessary to request functional bodies to apply measures according to their competence to ensure strict implementation of legally effective decisions on settlement of complaints.

Article 21.- Heads of superior state agencies shall examine and urge heads of subordinate state bodies whose administrative decisions or administrative acts are complained about to fulfill their responsibilities specified in Article 20 of this Decree; if responsible persons fail to strictly implement the complaint settlement decisions, they may apply measures according to their competence to compel them to implement; handle or propose competent bodies to handle persons who fail to implement legally effective decisions on settlement of complaints.

Article 22.- Heads of concerned state bodies shall strictly implement the contents of complaint settlement decisions concerning their responsibilities; and coordinate with the heads of the state agencies specified in Articles 20 and 21 of this Decree in organizing the implementation of complaint settlement decisions.

Chapter II

COMPLAINTS, SETTLEMENT OF COMPLAINTS ABOUT DECISIONS ON DISCIPLINING OF CADRES, CIVIL SERVANTS IN STATE ADMINISTRATIVE AGENCIES

Section 1. COMPETENCE TO SETTLE COMPLAINTS ABOUT DISCIPLINARY DECISIONS

Article 23.- Complaints about disciplinary decisions of heads of any agencies shall be settled by the heads of those agencies; if the complaints are further lodged, heads of the immediate superior agencies shall settle them.

Article 24.-

1. District-level People's Committee presidents and Service Directors are competent to settle complaints about the disciplinary decisions they have issued.

2. Provincial-level People's Committee presidents are competent:

a/ To settle complaints about their own disciplinary decisions;

b/ To settle complaints about disciplinary decisions which have been settled by district-level People's Committee presidents or Service Directors but are further lodged. These decisions are effective decisions on settlement of complaints.

Article 25.- Ministers, heads of ministerial-level agencies, heads of government-attached agencies are competent:

1. To settle complaints about disciplinary decisions they have issued.

2. To settle complaints about disciplinary decisions which have been settled for the first time by heads of agencies under ministries, ministerial-level agencies or government-attached agencies but are further lodged. Those decisions are effective decisions on settlement of complaints.

Article 26.- The Home Affairs Minister is competent:

1. To settle complaints about disciplinary decisions he/she has issued.

2. To settle complaints about disciplinary decisions which have been settled for the first time by ministers, heads of ministerial-level agencies, heads of government-attached agencies or provincial-level People's Committee presidents but are further lodged.

3. To settle complaints about disciplinary decisions which have been settled by persons who hold leading positions in non-business units, state enterprises and have been appointed by the Prime Minister but are further lodged.

4. The complaint settlement decisions defined in Clauses 2 and 3 of this Article are effective decisions on settlement of complaints.

Article 27.- Heads of state agencies shall settle complaints about disciplinary decisions falling under their respective competence; if necessary, they shall assign the personnel management agencies or sections or the inspectorates of the same level to conduct the verification, make conclusions and propose settlement solutions.

Section 2. PROCEDURES FOR SETTLEMENT OF COMPLAINTS ABOUT DISCIPLINARY DECISIONS

Article 28.- Upon receipt of complaints about decisions to discipline cadres or civil servants, the persons who have issued those decisions shall examine and issue written decisions on settlement thereof according to the procedures prescribed in the Law on Complaints and Denunciations and the 2005 Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations.

Article 29.- If the disciplined cadres or civil servants disagree with decisions on the first-time complaint settlement and further lodge their complaints, the persons competent to further settle them shall consider and issue written decisions on settlement of the complaints according to the provisions of Article 53 of the Law on Complaints and Denunciations.

Article 30.- Civil servants who hold the position of department head or equivalent or lower positions and are disciplined in the form of sacking, after lodging their complaints but the competent persons who have settled the first-time complaints still retain that disciplinary form, may, within 30 days after the receipt of the complaint settlement decisions, further complain with the persons competent to further settle the complaints or institute the administrative cases at courts in accordance with law.

Article 31.- The Home Affairs Minister shall base on the provisions of the Law on Complaints and Denunciations, the Laws Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations, this Decree and the provisions of law on cadres and civil servants to guide in detail the settlement of complaints about decisions on discipline of civil servants in state administrative agencies.

Chapter III

DENUNCIATIONS AND SETTLEMENT OF DENUNCIATIONS

Section 1. COMPETENCE TO SETTLE DENUNCIATIONS

Article 32.- Denunciations of law violations shall be settled by heads of the agencies employing the denounced persons.

Denunciations of violations of the regulations on tasks and official duties by people of any agencies shall be settled by the heads of those agencies.

Denunciations of violations of the regulations on tasks and official duties by heads or deputy-heads of agencies shall be settled by the heads of their immediate superior agencies.

Article 33.- Denunciations of law violations with contents relating to the state management functions of any agencies shall be settled by those agencies. Denunciations of crimes shall be settled by procedural agencies according to the provisions of law on criminal procedures.

Article 34.-

1. Commune-level People's Committee presidents are competent to settle denunciations of law violations committed by persons under their respective direct management.

2. District-level People's Committee presidents are competent to settle denunciations of law violations committed by commune-level People's Committee presidents or vice-presidents, by heads or deputy-heads of sections or boards of district-level People's Committees or other persons they have appointed and directly managed.

3. Service Directors are competent to settle denunciations of law violations by heads or deputy-heads of sections under their respective Services and other persons they have appointed and directly managed.

4. Provincial-level People's Committee presidents are competent to settle denunciations of law violations committed by district-level People's Committee presidents or vice-presidents, Service Directors or deputy directors and other persons they have appointed and directly managed.

5. Ministers, heads of ministerial-level agencies and heads of government-attached agencies are competent to settle denunciations of law violations committed by heads or deputy-heads of their respective agencies or units and other persons they have appointed and directly managed.

6. The Prime Minister is competent to settle denunciations of law violations committed by ministers, vice-ministers, heads or deputy-heads of ministerial-level agencies, heads or deputy-heads of government-attached agencies, presidents or vice-presidents of provincial-level People's Committees or other persons he/she has appointed and directly managed.

Article 35.-

1. District-level chief inspectors are competent:

a/ To verify, make conclusions on denunciations, to propose measures to handle denunciations falling under the settling competence of district-level People's Committee presidents when assigned to do so;

b/ To examine and make conclusions on denunciations which have been settled by commune-level People's Committee presidents but in violation of law; if concluding that the settlement has violated the law, to request the persons who have settled them to examine and re-settle them.

2. Chief inspectors of provincial/municipal Services are competent:

a/ To verify, make conclusions on denunciations, propose measures to handle denunciations which fall under the settling competence of Service Directors, when so assigned;

b/ To examine and make conclusions on denunciations which have been settled by heads of agencies under the Services but in violation of law; if concluding that the settlement has violated the law, to request the persons who have settled them to examine and re-settle them.

3. Provincial-level chief inspectors are competent:

a/ To verify and make conclusions on denunciations and propose measures to handle denunciations falling under the settling competence of provincial-level People's Committee presidents when so assigned.

b/ To examine, make conclusions on denunciations which have been settled by district-level People's Committee presidents or Service Directors but in violation of law; if concluding that the settlement has violated the law, to request the persons who have settled them to examine and re-settle them.

4. Chief inspectors of ministries, ministerial-level agencies or government-attached agencies are competent:

a/ To examine, make conclusions on denunciations, propose measures to handle denunciations falling under the settling competence of ministers, heads of ministerial-level agencies or heads of government-attached agencies, when so assigned;

b/ To examine, make conclusions on denunciations which have been settled by heads of ministries, heads of ministerial-level agencies or heads of government-attached agencies but in violation of law; if concluding that the settlement has violated the law, to request the persons who have settled them to examine and re-settle them.

Article 36.- The Inspector General is competent:

1. To verify, make conclusions on denunciations and propose measures to handle denunciations falling under the settling competence of the Prime Minister, when so assigned.

2. To examine, make conclusions on denunciations which have been settled by ministers, heads of ministerial-level agencies, heads of government-attached agencies or provincial-level People's Committee presidents but in violation of law; if concluding that the settlement has violated the law, to request the persons who have settled them to examine and re-settle them.

Article 37.- Within 30 days after the receipt of requests of inspectorates as provided for at Point b of Clauses 1, 2, 3 and 4 of Article 35 and Clause 2 of Article 36 of this Decree, the heads of the agencies who have settled the denunciations shall realize the requests and notify the results to the inspectorates which have made those requests.

Section 2. PROCEDURES FOR SETTLEMENT OF DENUNCIATIONS

Article 38.-

1. State agencies which receive written denunciations shall classify and handle them as follows:

a/ If denunciations fall under their respective settling competence, they shall accept them for settlement in strict accordance with the order and procedures prescribed by the Law on Complaints and Denunciations and this Decree;

b/ If denunciations do not fall under their settling competence, they shall, within 10 days after the receipt of the denunciations, transfer those written denunciations or the written records of the denunciations and relevant documents and vouchers (if any) to competent persons for settlement;

c/ They shall not settle denunciations without names of denouncers, with pseudo-names or unclear addresses, without direct signatures but only copies thereof or denunciations which have been settled by competent authorities and are now repeated but without new evidence;

d/ If denunciations are about crimes, they shall transfer them to investigating bodies or procuracies for handling according to the provisions of Article 71 of the Law on Complaints and Denunciations.

2. If the denounced acts cause serious damage or threaten to cause serious damage to the interests of the State or collectives, the lives or properties of citizens, the denunciation-receiving agencies shall immediately notify the functional bodies thereof for application of preventive measures.

3. If heads of state agencies at all levels or branches receive information that denouncers are intimidated, repressed or retaliated, they must direct or coordinate with the concerned functional bodies in verifying the information and take measures to protect the denouncers, prevent such acts and request competent authorities to handle according to the provisions of law the persons who have committed acts of intimidating, repressing or retaliating the denouncers.

Article 39.- If denouncers make oral presentation, the recipients shall record clearly the contents of denunciations, the full names and addresses of the denouncers; and record the oral denunciations when necessary. The recorded contents of denunciations shall be read to the denouncers who listen to them and sign for certification. The oral denunciations are handled like written denunciations as provided for in Article 38 of this Decree.

Article 40.- Upon receipt of information, documents supplied by denouncers, denounced persons, agencies, organizations or individuals, the denunciation settlers shall issue receipts containing the signatures of the recipients and the issuers.

Article 41.- Persons competent to settle denunciations or heads of agencies assigned to make verifications must issue decisions on examination and verification of the denunciations; such decisions must clearly state the persons tasked to make verifications, the contents to be verified, the verification duration, the powers and responsibilities of the persons tasked to make verifications.

Article 42.- In the course of settling denunciations, the persons tasked to make verifications must create conditions for denounced persons to explain and produce evidence to prove the right and the wrong of the denunciations.

Article 43.- The collection of materials and evidences in the course of verification and settlement of denunciations must be recorded in documents which are kept in the dossiers of denunciation settlement.

After the verification is concluded, the persons tasked to make verification must make written conclusions on the denunciation contents and have evidence to prove their conclusions.

Article 44.- Based on the verification results, the conclusions on denunciation contents, the denunciation settlers shall handle them as follows:

1. If the denounced persons do not violate the law and the regulations on tasks and official duties, they must make clear conclusions thereon and notify such in writing to the denounced persons, the agencies managing the denounced persons and at the same time handle or request competent state agencies to handle the persons who deliberately make untruthful denunciations.

2. If the denounced persons violate the law or the regulations on tasks and official duties and must be disciplined or administratively sanctioned, they shall handle them according to their competence or request competent state agencies to handle and at the same time apply measures according to the provisions of law so that the handling decisions or proposals are strictly implemented.

3. When the denounced acts show signs of crime, they shall transfer the case files to investigating bodies or procuracies for settlement according to provisions of law on criminal procedures.

Article 45.- Denunciation settlers must send written conclusions on denounced cases or matters, the denunciation handling decisions to investigating bodies, the immediate superior state agencies; and notify the denouncers of the settlement results if they so request, except the contents on the list of state secrets.

Chapter IV

RECEPTION OF CITIZENS

Article 46.- The reception of citizens who come to make complaints or denunciations or to hand written complaints or denunciations is conducted at citizen-receiving places.

Heads of state agencies must organize and manage citizen reception places of their agencies; issue internal regulations on citizen reception; arrange citizen reception places at convenient locations; ensure necessary material conditions for citizens to come to present their complaints, denunciations, petitions or reports.

At a citizen reception place, the citizen reception timetable and internal regulations must be posted up. The citizen reception timetable must show the specific time and positions of the citizen recipients. The citizen reception regulations must clearly state the responsibility of citizen recipients and the rights and obligations of persons who come to make complaints or denunciations.

Article 47.-

1. Heads of state agencies shall periodically receive citizens according to the provisions of Article 76 of the Law on Complaints and Denunciations; citizen reception timetables must be made public to citizens.

2. Apart from the periodical reception of citizens, heads of state agencies must receive citizens in case of urgent requirements.

3. For complaints falling under their competence, which cover clear and specific cases or matters and have grounds for settlement, heads of state agencies, when receiving citizens, must immediately reply the citizens; if the cases or matters are complicated and require further study and examination, they must clearly state the time limits for settlement and the persons to reply on the settlement results.

4. The reception of citizens by heads of state agencies must be recorded in citizen reception books, which are kept at the citizen reception places.

Article 48.- Citizen recipients shall open books to record and monitor the citizen reception; request citizens who come to lodge complaints or denunciations to produce personal identification papers, honestly present the matters and supply documents related to contents of complaints or denunciations. When many persons come to lodge complaints or denunciations about the same matter, they shall request them to nominate a representative to directly present the matters.

Article 49.- Complaints and denunciations at citizen reception places shall be handled as follows:

1. Written complaints shall be handled according to the provisions of Article 6 of this Decree; if citizens come to complain orally in person and the complaining contents fall under the settling competence of their agencies, citizen recipients shall guide them to present their complaints in writing or record the complaining contents and request them to sign or press their fingerprints; if the complaints do not fall under the settling competence of their agencies, the citizen recipients shall guide them to complain with the proper agencies competent to settle their complaints.

2. For denunciations, citizen recipients shall accept, classify and handle them according to the provisions of Articles 38, 39 and 40 of this Decree.

Article 50.- State inspectorates, police, defense, trade, planning and investment, construction, finance, labor-war invalids and social affairs, home affairs, communication and transport, health, education and training, agriculture and rural development, natural resources and environment agencies at the central and provincial levels shall regularly receive citizens.

Other state agencies shall base on the provisions of the Law on Complaints and Denunciations, the Laws Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations, this Decree and the situation of complaints and denunciations relating to branches or domains under their respective management to arrange time for citizen reception.

Article 51.-

1. The organization of citizen reception by the Party Central Committee and the State at their respective citizen reception offices in Hanoi and Ho Chi Minh City shall comply with the Citizen Reception Regulation promulgated together with the Government's Decree No. 89/CP of August 7, 1997.

2. A provincial-level People's Committee president shall arrange a common place for the People's Council, the People's Committee, the National Assembly deputies' delegation and representatives of political organizations to receive citizens who come to lodge their complaints or denunciations; appoints a civil servant holding the position of deputy-director of the office or equivalent to take charge of the citizen reception place in order to organize regular reception of citizens.

Article 52.- For those who come to lodge their complaints or denunciations but cause disturbances, thus affecting security and public order, affecting normal activities of state bodies and responsible persons or commit other acts in violation of the law on complaints and denunciations, the heads of the state agencies or the persons in charge of the citizen reception places shall request local police offices to take measures to handle them according to the provisions of law.

Article 53.- Heads of state agencies shall closely coordinate with heads of police offices in maintaining order and safety at citizen reception places.

Commune-level People's Committees and local police offices shall ensure safety for citizen reception offices of agencies located in geographical areas under their management, and, if necessary, apply measures according to their competence to handle persons who abuse complaint and denunciation to commit law violations at citizen reception places.

The Minister of Public Security shall direct the police forces to coordinate with state agencies in maintaining order and safety for citizen reception offices and handle persons who commit law violations at citizen reception places.

Chapter V

MANAGEMENT OF THE SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS

Article 54.- The Government Inspectorate is answerable to the Government for performing the management of complaint and denunciation settlement within the Government's jurisdiction. The contents of management of complaint and denunciation settlement include:

1. Drafting legal documents on complaints and denunciations for the Government to submit them to the National Assembly or the National Assembly Standing Committee for promulgation; submit to the Government for promulgation documents guiding the implementation of the law on complaints and denunciations.

2. Propagating and disseminating the law on complaints and denunciations.

3. Promulgating according to its competence documents guiding ministries, ministerial-level agencies and state inspectorates at all levels and branches on the settlement of complaints and denunciations.

4. Inspecting, examining authorities at all levels and branches in the implementation of the legal provisions on complaints and denunciations.

5. Settling complaints and denunciations according to its competence.

6. Training and retraining cadres and civil servants who perform the work of citizen reception and complaint and denunciation settlement.

7. Reviewing the situation on complaints and denunciations and the settlement of complaints and denunciations and report it to the Government periodically or extraordinarily.

8. Reviewing experience in complaint and denunciation settlement.

Article 55.- Ministries, ministerial-level agencies, government-attached agencies and People's Committees at all levels shall perform the management of complaint and denunciation settlement within the scope of their respective management; guide, urge and inspect agencies and organizations under their respective management in the implementation of the law on complaints and denunciations; and periodically report on the settlement of complaints and denunciations as provided for in Article 54 of this Decree.

Article 56.- Presidents of People's Committees at all levels shall, within the ambit of their respective functions, tasks and powers, coordinate with local People's Procuracies and People's Courts in the settlement of complaints and denunciations; create conditions for National Assembly agencies, People's Councils, National Assembly deputies, delegations of National Assembly deputies, People's Council deputies, Vietnam Fatherland Front Committees, the Front's member organizations and people's inspection organizations to supervise the implementation of the law on complaints and denunciations in their respective localities; periodically report on the settlement of complaints and denunciations to the People's Councils of the same level, state administrative agencies and the superior state inspectorates and, at the same time, shall notify the Fatherland Front Committees of the same level thereof.

Article 57.-

1. Once on the 15th of the last month of every quarter, ministers, heads of ministerial-level agencies, heads of government-attached agencies and provincial/municipal People's Committee presidents shall report to the Prime Minister via the Inspector General on the settlement of complaints and denunciations within the scope of management of their respective ministries, branches and localities.

2. The Inspector General shall review the situation on settlement of complaints and denunciations within the management scope of the Government and periodically report thereon at regular meetings of the Government in the first month of every quarter or extraordinarily report thereon when so requested by the Prime Minister; and periodically notify the Vietnam Fatherland Front Central Committee of the settlement of complaints and denunciations.

3. When necessary, the Inspector General shall propose the Prime Minister to convene meetings of leaders of central and local agencies to propose measures for the Prime Minister to consider and direct the handling of complicated cases of complaint or denunciation.

Article 58.- State inspectorates of all levels, all branches have the responsibilities:

1. To guide agencies, organizations and units of the same level in the reception of citizens, the handling of written complaints and denunciations, the settlement of complaints and denunciations, and the execution of decisions on settlement of complaints, decisions on handling of denunciations.

2. To examine and inspect the responsibilities of heads of subordinate agencies, organizations and units of the heads of the same level in the reception of citizens and the settlement of complaints and denunciations; and, if necessary, request the heads of the same level to summon the heads of subordinate agencies, organizations or units to a meeting to suggest measures for organizing the direction and handling of complicated cases of complaint or denunciation.

3. Upon detection of violations of the law on complaints and denunciations, to handle according to their competence or propose competent agencies to handle them.

4. To propose measures aiming to reorganize the settlement of complaints and denunciations falling under the scope of management by heads of the same level.

5. To review the situation of complaints and denunciations and the settlement of complaints and denunciations falling under the responsibility of the heads of the same level; to observe the regime of monthly reporting under the Inspector General's regulations.

Chapter VI

HANDLING OF VIOLATIONS OF THE LAW ON COMPLAINTS AND DENUNCIATIONS

Article 59.- Agencies, organizations and individuals that record achievements in the settlement of complaints and denunciations and denouncers who record achievements in warding off damage to the State, organizations or individuals shall be commended and rewarded according to the provisions of law.

Article 60.- Heads of state agencies, within the scope of their functions, tasks and powers, have the responsibilities:

1. To issue decisions on suspension of the implementation of complaint settlement decisions or denunciation handling decisions of heads of their subordinate agencies upon the detection of law violations in the settlement.

2. To issue decisions on suspension from work of civil servants under their respective management who deliberately obstruct or refuse to execute the complaint settlement decisions or denunciation handling decisions or fail to abide by the requests of state inspectorates or superior state agencies in the settlement of complaints and denunciations; to apply other handling measures against persons who commit one of the acts specified in Articles 96, 97 and 100 of the Law on Complaints and Denunciations.

Article 61.-

1. Cadres and civil servants who commit one of the acts specified in Articles 96, 97, 98, 99 and 100 of the Law on Complaints and Denunciations, thus causing serious consequences, shall be examined for penal liability; if their violations are not serious enough for penal liability examination, depending on the nature and severity of their violations, they shall be handled in one of the following disciplinary form:

a/ Reprimand;

b/ Caution;

c/ Salary grade demotion;

d/ Salary rank demotion;

e/ Removal from position;

f/ Dismissal from work.

2. Within the time limit prescribed at Point 2, Clause 9, Clause 16, Article 1 of the 2005 Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations, if the complaint settlers fail to settle the complaints, the immediate superiors of those persons shall inspect and determine clearly the liability of the complaint settlers. If the complaint settlers show irresponsibility or deliberately delay the settlement or cause troubles, harass for bribes, hinder the exercise of the right to complain, heads of their superior agencies shall apply disciplinary forms according to the provisions of law on cadres and civil servants to handle them.

Article 62.- Cadres and civil servants who have caused damage due to their violations of the law on complaints and denunciations shall pay compensations therefor; the compensation payment shall comply with the provisions of law on compensation payment.

Article 63.-

1. Heads of state agencies who, due to their irresponsibility, let the repeated violations of the law on complaints and denunciations occur in their agencies shall be disciplined; if causing serious damage, they shall be examined for penal liability.

2. Heads of state agencies who, due to their irresponsibility, fail to apply necessary measures to execute complaint settlement decisions or denunciation handling decisions shall be disciplined; if causing serious damage, they shall be examined for penal liability.

Article 64.- Those who commit one of the acts specified in Article 100 of the Law on Complaints and Denunciations, if not to the extent of a crime, shall be cautioned or fined or handled in other forms according to the law on handling of administrative violations.

Citizen recipients and complaint and denunciation settlers are entitled to make records and request competent agencies to administratively sanction violators of the law on complaints and denunciations. People's Committee presidents and local police offices shall base on the records and requests of the citizen recipients or complaint and denunciation settlers to handle their requests according to competence and notify the handling results to the requesters within 15 days after the receipt of requests.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 65.- The complaints and settlement of complaints of foreign individuals, agencies or organizations, the denunciations and settlement of denunciations of foreign individuals living, studying or working in Vietnam shall comply with the provisions of the Law on Complaints and Denunciations; the 2004 Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations, the 2005 Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations, and this Decree.

Article 66.- Complaints about administrative decisions and administrative acts in the direction and administration of subordinate authorities by superior authorities according to the administrative hierarchy are not settled under the provisions of this Decree.

Article 67.- This Decree takes effect 15 days after its publication in "CONG BAO" and replaces the Government's Decree No. 53/2005/ND-CP of April 19, 2005, detailing and guiding the implementation of the Law on Complaints and Denunciations and the Laws Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations.

All previous provisions contrary to this Decree are hereby annulled.

Article 68.- The Inspector General shall guide the implementation of this Decree. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People's Committees shall organize the implementation of this Decree.

The Defense Minister and the Public Security Minister shall base on the provisions of this Decree, after reaching agreement with the Inspector General, to guide in detail the settlement of complaints and denunciations in the army and the police.

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Thuộc tính Văn bản pháp luật 136/2006/ND-CP

Loại văn bảnNghị định
Số hiệu136/2006/ND-CP
Cơ quan ban hành
Người ký
Ngày ban hành14/11/2006
Ngày hiệu lực09/12/2006
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Số công báo
Lĩnh vựcBộ máy hành chính, Quyền dân sự, Thủ tục Tố tụng
Tình trạng hiệu lựcKhông còn phù hợp
Cập nhật13 năm trước
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Download Văn bản pháp luật 136/2006/ND-CP

Lược đồ Decree of Government No. 136/2006/ND-CP of November 14, 2006 detailing and guiding the implementation of 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


Văn bản hiện thời

Decree of Government No. 136/2006/ND-CP of November 14, 2006 detailing and guiding the implementation of 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
Loại văn bảnNghị định
Số hiệu136/2006/ND-CP
Cơ quan ban hànhChính phủ
Người kýNguyễn Tấn Dũng
Ngày ban hành14/11/2006
Ngày hiệu lực09/12/2006
Ngày công báo...
Số công báo
Lĩnh vựcBộ máy hành chính, Quyền dân sự, Thủ tục Tố tụng
Tình trạng hiệu lựcKhông còn phù hợp
Cập nhật13 năm trước

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      Văn bản gốc Decree of Government No. 136/2006/ND-CP of November 14, 2006 detailing and guiding the implementation of 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

      Lịch sử hiệu lực Decree of Government No. 136/2006/ND-CP of November 14, 2006 detailing and guiding the implementation of 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