Nghị định 53/2005/ND-CP

Decree no. 53/2005/ND-CP of April 19, 2005 detailing and guiding the implementation of the law on complaints and denunciations and the law amending and supplementing a number of articles of the law on complaints and denunciations

Decree no. 53/2005/ND-CP of April 19, 2005 detailing and guiding the implementation of the law on complaints and denunciations and the law amending and supplementing a number of articles of the law on complaints and denunciations đã được thay thế bởi 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 và được áp dụng kể từ ngày 09/12/2006.

Nội dung toàn văn Decree no. 53/2005/ND-CP of April 19, 2005 detailing and guiding the implementation of the law on complaints and denunciations and the law 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. 53/2005/ND-CP

Hanoi, April 19, 2005

 

DECREE

DETAILING AND GUIDING THE IMPLEMENTATION OF THE LAW ON COMPLAINTS AND DENUNCIATIONS AND THE LAW 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 to 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
At the proposal of the General Inspector,

DECREES:

Chapter I

COMPLAINTS ABOUT ADMINISTRATIVE DECISIONS, ADMINISTRATIVE ACTS AND THE SETTLEMENT THEREOF

Section 1. COMPLAINTS AND HANDLING OF WRITTEN COMPLAINTS

Article 1.- State agencies shall accept complaints for settlement when the following conditions are fully met:

1. Complainants must be persons having their legitimate rights and interests directly affected by the administrative decisions or administrative acts they complain about.

2. Complainants must be persons having full act capacity to law provisions; in cases where complaints are lodged via their representatives, the latter must comply with the provisions of Article 2 of this Decree.

3. Complainants must make and send their written complaints to the right competent agencies within the statute of limitations and time limits prescribed by the Law on Complaints and Denunciations.

4. Complaints have not yet been given final decisions.

5. Complaints have not yet been enrolled for settlement by courts.

Article 2.-

1. Citizens exercise their right to complain by themselves or through their representatives according to provisions of law; when making complaints, representatives must have papers to prove to competent state agencies their lawful representation.

2. Agencies exercise their right to complain through representatives being their heads. Heads of agencies may authorize their representatives according to provisions of law to exercise the right to complain.

3. Organizations exercise their right to complain through representatives being their heads, defined in their establishment decisions or charters. Heads of organizations may authorize their represen-tatives according to provisions of law to exercise the right to complain.

Article 3.- Where complainants cannot make their complaints within the prescribed statute of limitations due to illness, natural disasters, enemy sabotage, their far-away working trips or study or other objective obstacles, the duration of existence of such obstacles shall not be counted into the statute of limitations for complaints; complainants must produce written certifications of commune-level People’s Committees, medical establishments, agencies or organizations where they work of the objective obstacles to the agencies competent to settle their complaints.

Article 4.- In the course of complaining, complainants must still abide by the administrative decisions which they complain about, except where such decisions are suspended from execution under the provisions of Articles 35 and 42 of the Law on Complaints and Denunciations.

Article 5.- Upon receiving written complaints, state agencies shall handle them as follows:

1. For written complaints falling under their respective settling jurisdiction and fully meeting the conditions stated in Article 1 of this Decree, they must accept them for settlement; where a written complaint is signed by many persons, they shall have to guide complainants to make separate written complaints.

2. For written complaints falling under their respective settling jurisdiction but failing to fully meet the conditions for acceptance for settlement as provided for in Article 1 of this Decree, they shall send written replies to complainants clearly stating the reasons for non-acceptance thereof.

3. For petitions containing both complaints and denunciations, the agencies receiving them shall have to handle the complaining contents according to the provisions in Clauses 1, 2 and 5 of this Article and the denouncing contents according to the provisions of Article 42 of this Decree.

4. For written complaints falling under the settling jurisdiction of their subordinates but having not yet been settled even the prescribed time limit has already expired, the heads of the superior state agencies shall request their subordinates to settle them while directing, inspecting, urging the settlement by their subordinates and to apply measures according to their competence to handle persons who show irresponsibility for or deliberately delay the settlement of such complaints. In case of necessity to apply measures beyond their jurisdiction, they shall request competent state agencies or persons to handle them.

5. For written complaints which do not fall under their settling jurisdiction or written complaints about cases or matters already settled under final decisions, the receiving agencies shall not have to accept them but issue documents guiding and replying the complainants. The guidance and reply shall be given only once for a case of complaint; where complainants send together with their written complaints papers and documents being originals related to the case of complaint, the receiving agencies shall return such papers and documents to the complainants.

Article 6.- State agencies receiving written complaints transferred by National Assembly deputies, People’s Council deputies, Vietnam Fatherland Front Committees and the Front’s member organizations or press agencies, which fall under their respective settling jurisdiction, shall accept them for settlement and notify such in writing to the agencies, organizations or individuals that have transferred the written complaints; if the written complaints do not fall under their settling jurisdiction, they shall return the complaints and notify such in writing to the agencies, organizations or individuals that have transferred the written complaints.

Article 7.- State inspectorates, when receiving the written complaints which fall under the jurisdiction of the heads of state administrative agencies of the same levels, shall have to examine them and report thereon to the heads of state administrative agencies of the same levels for decision to accept such complaints for settlement.

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

Article 8.-

1. In the course of settling complaints, first-time complaint settlers must hold face-to-face meeting and dialogues with complainants, complained persons and/or persons with relevant rights and interests in order to clarify the complaining contents, the demands of complainants and complaint-settling directions; such meetings and dialogues must be carried out in a public and democratic manner; if deeming it necessary, they may invite representatives of socio-political organizations to participate.

For subsequent settlements of complaints, face-to-face meetings and dialogues shall be carried out when they are deemed necessary. Where complaints involve complicated matters or cases, many people, severity and/or prolongation, subsequent settlers of such complaints must have face-to-face meetings and dialogues with complainants, complained persons and persons with relevant rights and interests. The meetings and dialogues shall be the same as the first-time ones.

Complainants may authorize their representatives to participate in such meetings and dialogues.

2. Complaint settlers shall have to notify in writing complainants, complained persons, persons with relevant rights and interests, representatives of socio-political organizations of the time, venues and contents of meetings and dialogues; the notified persons shall have to come to the places on time as notified.

3. At meetings or dialogues, complaint settlers must clearly state the contents of dialogue, the results of verification of the complaining contents; participants may state their opinions, present proofs related to the complaining cases or matters and their demands.

4. Meetings and dialogues must be recorded in writing; the written records must be clearly written with the opinions of participants, summarized results on the dialogued contents and signed by participants; where participants decline to sign for certification, the reasons therefor must be clearly written in the records which must be kept in the dossiers of the complaining cases or matters.

5. The results of meetings and dialogues shall serve a basis for settlement of complaints.

Article 9.-

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

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

3. Commune-level People’s Committee presidents shall have to send complaint-settling decisions to complainants, complained persons, persons with relevant rights and interests and district-level People’s Committees; and, when necessary, to publicize such decisions.

4. Commune-level People’s Committee presidents shall have to execute, and organize the execution of, legally effective decisions on settlement of complaints within the scope of their respective responsibility.

Article 10.- Heads of agencies under district-level People’s Committees, heads of agencies under provincial/municipal Services, agencies under ministerial-level agencies or Government-attached agencies shall have to settle complaints falling under their respective competence. The settlement shall comply with the order and procedures prescribed in the Law on Complaints and Denunciations, the Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations and Article 9 of this Decree.

Article 11.-

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

District-level chief inspectors shall have to verify, make conclusions and propose the settlement of complaints falling under the competence of district-level People’s Committee presidents.

2. Basing themselves on provisions of law, results of meetings and dialogues, results of verification, conclusions and proposals on settlement of complaints of the district-level chief inspectors, district-level People’s Committee presidents shall issue decisions to settle complaints within the time limits prescribed in the Law on Complaints and Denunciations.

3. District-level People’s Committee presidents shall have to send complaint-settling decisions to complainants, complained persons, persons with relevant rights and interests and provincial-level People’s Committees; and, when necessary, to publicize such decisions.

4. District-level People’s Committee presidents shall have to execute, organize the execution of, legally effectives decisions on settlement of complaints within the scope of their responsibility; to inspect and urge subordinate agencies and units in the execution of legally effective decisions on settlement of complaints.

Article 12.-

1 Provincial/municipal Services’ directors and the equivalent under provincial-level People’s Committees (referred collectively to as Services’ directors) shall have to settle complaints falling under their competence according to the order and procedures prescribed in the Law on Complaints and Denunciations and the Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations.

Provincial/municipal Services’ chief inspectors shall have to make verifications, conclusions and proposals on settlement of complaints falling under the competence of Services’ directors.

2. Basing themselves on provisions of law, results of meetings and dialogues, results of verifications, conclusions and proposals on settlement of complaints of Services’ chief inspectors, provincial/municipal Services’ directors shall issue settling decisions within the time limits prescribed in the Law on Complaints and Denunciations.

3. Services’ directors shall have to send complaint-settling decisions to complainants, complained persons, persons with relevant rights and interests and the persons with competence to further settle them; and, when necessary, to publicize such decisions.

4. Services’ directors shall have to execute, organize the execution of, legally effective decisions on settlement of complaints within the scope of their responsibility; to inspect and urge their subordinate agencies and units in execution of legally effective decisions on settlement of complaints.

Article 13.-

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

Provincial-level chief inspectors shall have to make verifications, conclusions and proposals on settlement of complaints falling under the competence of provincial-level People’s Committee presidents.

2. Basing themselves on provisions of law, results of meetings and dialogues, results of verifications, conclusions and proposals on settlement of complaints of the provincial-level chief inspectors, provincial-level People’s Committee presidents shall issue decisions on settlement of complaints according to provisions of the Law on Complaints and Denunciations.

For complicated cases and matters, before issuing final decisions on settlement of complaints, provincial-level People’s Committee presidents must consult with the concerned ministries, ministerial-level agencies and/or Government-attached agencies on contents related to their respective state management functions; upon consultation, they must clearly state the contents of the cases or matters and contents which need to be consulted on; upon receiving the consultation requests, the consulted ministries, ministerial-level agencies and/or Government-attached agencies shall have to reply within 15 days as from the date of receiving the requests.

3. Provincial-level People’s Committee presidents shall have to send complaint-settling decisions to complainants, complained persons, persons with relevant rights and interests; ministers, heads of ministerial-level agencies who have competence to further settle such complaints. If they are final decisions on settlement of complaints, such decisions shall be sent to the Prime Minister, the Inspector General and ministers, heads of ministerial-level agencies performing the state management over branches, domains related to the complaining contents; and, when necessary, to publicize such decisions

4. Provincial-level People’s Committee presidents shall have to execute, organize the execution of, legally effective decisions on settlement of complaints within the scope of their responsibility; to inspect and urge their subordinate agencies and units in execution of legally effective decisions on settlement of complaints.

Article 14.-

1. The ministers, the heads of ministerial-level agencies and the heads of the Government-attached agencies shall have to settle complaints falling under their respective competence according to the order and procedures prescribed in the Law on Complaints and Denunciations and the Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations.

Chief inspectors of the ministries shall have to make verifications, conclusions, proposals on settlement of complaints falling under the ministers’ competence.

2. Basing themselves on provisions of law, results of meetings and dialogues, results of verifications, conclusions and proposals on settlement of complaints, the ministers, the heads of ministerial-level agencies and the heads of Government-attached agencies shall issue decisions on settlement of complaints within the time limits prescribed in the Law on Complaints and Denunciations.

For complicated cases or matters, before issuing final decisions on settlement of complaints, the ministers or the heads of ministerial-level agencies must consult with the concerned ministries, branches and/or provincial-level People’s Committees on contents related to the state management functions of such ministries, branches or localities.

Upon consultation, the contents of cases or matters and the contents, which need to be consulted on must be clearly stated. The agencies receiving the consultation requests shall have to reply within 15 days as from the date of receiving the requests.

3. The ministers, the heads of ministerial-level agencies and the heads of Government-attached agencies shall have to send complaint-settling decisions to complainants, and complained persons, the persons with relevant rights and interests. If they are final decisions on settlement of complaints, they shall be addressed to the Prime Minister and the General Inspector. When necessary, complaint-settling decisions shall be publicized.

4. The ministers, the heads of ministerial-level agencies and the heads of Government-attached agencies shall have to execute, organize the execution of, legally effective decisions on settlement of complaints within the scope of their respective responsibility; to inspect, urge agencies and units under their management in execution of legally effective decisions on settlement of complaints.

Article 15.- The General Inspector shall have the power:

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

2. To assist the Prime Minister in monitoring, urging the ministries and ministerial-level agencies in the settlement of complaints related to many localities and many domains of state management.

3. To assist the Prime Minister in re-considering final complaint-settling decisions of ministers, heads of ministerial-level agencies or provincial-level People’s Committee presidents; in cases of detecting law violations which cause damage to the interests of the State, the legitimate rights and interests of citizens, agencies and/or organizations, to propose or request the decision issuers to make reconsideration. If after 30 days the proposals or requests are not implemented, to report thereon to the Prime Minister for consideration and decision.

Article 16.- Complaint settlers must issue complaint-settling decisions with the contents prescribed in Article 38 and Article 45 of the Law on Complaints and Denunciations; must not use notices, minutes of meetings or other forms of document to replace complaint-settling decisions.

Section 3. EXECUTION OF COMPLAINT-SETTLING DECISIONS

Article 17.- Legally effective decisions on settlement of complaints must be strictly observed by individuals, agencies or organizations; complaint-settling decision issuers shall have to urge, inspect, apply necessary measures according to competence or request competent state agencies to apply necessary measures for serious execution of complaint-settling decisions. In case of necessity, complaint-settling decision issuers shall request functional agencies to coordinate in organizing the execution of legally effective decisions on settlement of complaints.

Article 18.- Basing themselves on the contents of complaint-settling decisions of competent persons, heads of state agencies having their administrative decisions or administrative acts complained about shall have to:

1. Issue administrative decisions to replace or amend the complained administrative decisions and organize the execution of such decisions, stop the complained administrative acts in cases the complaining contents are correct; pay damages, restore legitimate rights and interests for the victims according to provisions of law.

2. Explain to, request complainants to strictly abide by the complaint-settling decisions, if the complaining contents are incorrect; in case of necessity, request functional agencies to apply measures according to competence to ensure the strict execution of legally effective complaint-settling decisions.

Article 19.- Heads of superior state agencies shall have to inspect, urge the heads of their subordinate state agencies with their administrative decisions or administrative acts complained about to fulfill their responsibilities defined in Article 18 of this Decree; in cases where responsible persons refuse to strictly abide by the complaint-settling decisions, they shall apply measures according to competence to force such persons to abide by the decisions; to handle or propose competent agencies to handle the persons who decline to abide by the legally effective decisions on settlement of complaints.

Article 20.- Heads of concerned state agencies shall strictly comply with the contents of the complaint-settling decisions relating to their responsibilities; coordinate with heads of state agencies defined in Articles 18 and 19 of this Decree in organizing the execution of complaint-settling decisions.

Section 4. RECONSIDERATION OF FINAL COMPLAINT-SETTLING DECISIONS IN VIOLATION OF LAW

Article 21.-

1. Final decisions on settlement of complaints must be strictly observed by complainants, complained persons, concerned citizens, agencies and organizations. Final complaint-settling decisions shall be reviewed only when there is one of the following grounds:

a) New circumstances are detected, thus substantially changing the contents of the final decisions on settlement of complaints;

b) The final complaint-settling decisions fail to match the objective circumstances of the contents of the complaints;

c) Serious violations of the order and procedures are committed when making verifications, conclusions and issuing the final complaint-settling decisions, which cause harms to the interests of the State, the legitimate rights and interests of citizens, agencies and/or organizations;

d) Serious mistakes are made in the application of policies and law in the course of settling complaints, thus causing harms to the interests of the State, the legitimate rights and interests of citizens, agencies and/or organizations;

e) The final complaint-settling decisions are issued ultra vires.

2. Persons who have issued final complaint-settling decisions shall have to fully supply information, documents and files on complaining cases or matters when so requested by competent authorities and must bear responsibility for the accuracy, truthfulness of the supplied information, documents and/or files.

3. The statute of limitations for requesting or proposing the review of final complaint-settling decisions which violate law shall be 24 hours as from the effective dates of such decisions, except for cases where the Prime Minister requests the review of final complaint-settling decisions.

Article 22.- Upon detecting one of the grounds defined in Clause 1, Article 21 of this Decree, persons who have issued final complaint-settling decisions shall have to review such decisions.

Article 23.-

1. When detecting that final complaint-settling decisions of ministers, heads of ministerial-level agencies or presidents of provincial-level People’s Committees show signs of law violation, the General Inspector shall request the persons who have issued such decisions to report in writing on the contents of the cases or matters and forward the copies of the case files. If necessary, the General Inspector shall organize the inspection of settlement of the complaints.

In cases where there is one of the grounds defined in Clause 1, Article 21 of this Decree, the General Inspector shall propose in writing ministers or heads of ministerial-level agencies or request presidents of provincial-level People’s Committees to reconsider the settlement of complaints.

The General Inspector’s written proposals or requests for review of final complaint-settling decisions shall be addressed to the Prime Minister, the ministers or the heads of ministerial-level agencies with the function of state management over the branches or domains related to the complaining contents, the complainants and the complained persons.

2. The ministers, the heads of ministerial-level agencies and the presidents of provincial-level People’s Committees, when receiving the written proposals or requests of the General Inspector, shall have to review the complaining cases or matters.

Within 30 days after receiving the written proposals or requests, the ministers, the heads of ministerial-level agencies or the presidents of provincial-level People’s Committees must report to the General Inspector on the realization of such proposals or requests. In cases where the proposals or requests are not materialized, the General Inspector shall report such to the Prime Minister for consideration and decision.

Article 24.-

1. Upon detecting that final complaint-settling decisions of provincial-level People’s Committee presidents, which fall under the state management domains of ministries or branches, show signs of law violation, ministers or heads of ministerial-level agencies shall request the persons who have issued the complaint-settling decisions to report in writing on the contents of the cases or matters and forward the files of such complaint cases or matters. If necessary, the ministers or the heads of ministerial-level agencies shall organize the inspection of the settlement of complaints.

In cases where there is one of the grounds defined in Clause 1, Article 21 of this Decree, the ministers or the heads of ministerial-level agencies shall request in writing provincial-level People’s Committee presidents to reconsider the settlement of complaints.

Written requests for reconsideration of the complaint settlement of ministers or heads of ministerial-level agencies shall be addressed to the Prime Minister, the General Inspector, the complainants and the complained persons.

2. Provincial-level People’s Committee presidents, when receiving the written requests of ministers or heads of ministerial-level agencies shall have to reconsider the complaint cases or matters.

Within 30 days after receiving the written requests, provincial-level People’s Committee presidents must report to the ministers or the heads of ministerial-level agencies on the realization of such requests. In cases where the requests are not materialized, the ministers or the heads of ministerial-level agencies shall report such to the Prime Minister for consideration and decision.

Article 25.- Ministers, heads of ministerial-level agencies and provincial-level People’s Committee presidents, after reconsidering their final complaint-settling decisions, if detecting one of the grounds defined at Clause 1, Article 21 of this Decree, shall have to issue decisions amending, supplementing or replacing the law-breaking final decisions on settlement of complaints.

In case of retaining the final complaint-settling decisions, ministers, heads of ministerial-level agencies or provincial-level People’s Committee presidents must report in writing to the persons who have requested or propose on the legal grounds for retaining their final complaint-settling decisions and send written replies to the complainants.

Article 26.- In the course of reconsidering the final complaint-settling decisions, if deeming that the execution of such decisions would result in hardly addressable consequences, the General Inspector, ministers or heads of ministerial-level agencies may request the suspension of execution of such decisions.

Chapter II

COMPLAINTS ABOUT DECISIONS TO DISCIPLINE PUBLIC EMPLOYEES IN STATE ADMINISTRATIVE AGENCIES, THE SETTLEMENT THEREOF

Section 1. COMPETENCE TO SETTLE COMPLAINTS ABOUT DISCIPLINARY DECISIONS

Article 27.- For complaints about disciplinary decisions of heads of any agencies, such agencies’ heads shall have to settle them; in case of further complaint, heads of immediate superior agencies shall have to settle them.

Article 28.-

1. District-level People’s Committee presidents and directors of provincial/municipal Services are competent to settle complaints about disciplinary decisions they have issued respectively.

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

a) To settle complaints about disciplinary decisions they have issued;

b) To settle complaints about disciplinary decisions which have been settled for the first time by district-level People’s Committee presidents or provincial/municipal Services’ directors but are further lodged. Their complaint-settling decisions shall be final.

Article 29.- The ministers, the heads of ministerial-level agencies, the 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 their ministries, ministerial-level agencies or Government-attached agencies but are further lodged. Their complaint-settling decisions shall be final.

Article 30.- The Minister of Home Affairs 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. His/her complaint-settling decisions shall be final.

Article 31.- Heads of state agencies shall have to settle complaints about disciplinary decisions, which fall under their respective jurisdiction; in case of necessity, the personnel management agencies or sections or the inspectorates of the same level shall make verifications, conclusions and proposals on the settlement.

Section 2. PROCEDURES FOR SETTLING COMPLAINTS ABOUT DISCIPLINARY DECISIONS

Article 32.- Persons who have issued decisions to discipline public employees, when receiving complaints about such decisions, shall have to consider them and issue written settling decisions according to the procedures prescribed in the Law on Complaints and Denunciations and the Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations.

Article 33.- In cases where the disciplined public employees disagree with the first-time complaint-settling decisions and further lodge their complaints, persons with competence to further settle complaints must consider and issue written decisions on settlement of complaints according to the provisions of Article 53 of the Law on Complaints and Denunciations.

Article 34.- Public employees holding the position of department head or equivalent or lower, who are disciplined by sacking and have lodged their complaints but the persons competent to settle the complaints for the first time still retain such disciplinary form, shall, within 30 days after receiving the complaint-settling decisions, be entitled to complain to the persons competent to further settle the complaints or initiate administrative lawsuits at courts according to law provisions.

Article 35.- The Minister of Home Affairs shall base himself/herself on the provisions of the Law on Complaints and Denunciations, the Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations and this Decree as well as the provisions of legislaiton on public employees to guide in detail the settlement of complaints about decisions on disciplining public employees in state administrative agencies.

Chapter III

DENUNCIATIONS AND SETTLEMENT THEREOF

Section 1. COMPETENCE TO SETTLE DENUNCIATIONS

Article 36.- Denunciations about law-breaking acts of persons managed by any agencies shall be settled by such agencies.

Denunciations about acts of violating the regulations on tasks, public duties of persons managed by any agencies shall be settled by the heads of such agencies.

Denunciations about acts of violating the regulations on tasks, public duties of heads or deputy-heads of any agencies shall be settled by heads of immediate superior agencies of such agencies.

Article 37.- Denunciations about law-breaking acts related to the state management functions of any agencies shall be settled by such agencies. Denunciations about criminal acts shall be settled by procedure-conducting agencies according to the provisions of criminal procedure legislation.

Article 38.-

1. Commune-level People’s Committee presidents are competent to settle denunciations about law-breaking acts of persons under their direct management.

2. District-level People’s Committee presidents are competent to settle denunciations about law-breaking acts of presidents and vice-presidents of commune-level People’s Committees, section heads or deputy heads, department heads or deputy-heads under district-level People’s Committees and other persons they have appointed and directly managed.

3. Provincial/municipal Services’ directors are competent to settle denunciations about law-breaking acts of section heads or deputy-heads under provincial/municipal Services and other persons they have appointed and directly managed.

4. Provincial-level People’s Committee presidents are competent to settle denunciations about law-breaking acts of presidents, vice-presidents of district-level People’s Committees, directors or deputy-directors of provincial/municipal Services and other persons they have appointed and directly managed.

5. The ministers, the heads of ministerial-level agencies, the heads of Government-attached agencies are competent to settle denunciations about law-breaking acts of heads or deputy-heads of agencies or units under the ministries, the ministerial-level agencies or under the Government-attached agencies and other persons they have appointed and directly managed.

6. The Prime Minister is competent to settle denunciations about law-breaking acts of 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 and other persons he/she has appointed and directly managed.

Article 39.-

1. District-level chief inspectors are competent:

a) To verify, conclude on denunciations, propose measures for handling denunciations which fall under the settling competence of the district-level People’s Committee presidents, when assigned to do so;

b) To examine, conclude on denunciations, which have been already settled by commune-level People’s Committee presidents but in violation of law; in case of concluding that the settlement has breached the law, to propose the persons who have settled them to consider and re-settle them.

2. Provincial/municipal Services’ chief inspectors are competent:

a) To verify, conclude on denunciations, propose measures for handling of denunciations, which fall under the settling competence of provincial/municipal Services’ directors, when assigned to do so;

b) To examine, conclude on denunciations which have been already settled by heads of agencies under provincial/municipal Services but in violation of law; in case of concluding that the settlement has breached the law, to the persons who have settled them to consider and re-settle them.

3. Provincial-level chief inspectors are competent:

a) To verify, conclude on denunciations, propose measures for handling of denunciations which fall under the settling competence of provincial-level People’s Committee presidents when assigned to do so;

b) To examine, conclude on denunciations which have been already settled by district-level People’s Committee presidents or provincial/municipal Services’ directors, but in violation of law; in case of concluding that the settlement has breached the law, to propose the persons who have settled them to consider and re-settle them.

4. Chief inspectors of ministries, ministerial-level agencies and Government-attached agencies are competent:

a) To examine, conclude on denunciations, propose measures for handling of denunciations which fall under the settling competence of ministers, heads of ministerial-level agencies, or heads of Government-attached agencies, when assigned to do so;

b) To examine, conclude on denunciations which have been already settled by heads of agencies under ministries, ministerial-level agencies or Government-attached agencies but in violation of law; in case of concluding that the settlement has breached the law, to propose the persons who have settled them to consider and resettle them.

Article 40.- The General Inspector is competent:

1. To verify, conclude on denunciations, propose measures for handling of denunciations which fall under the settling competence of the Prime Minister, when assigned to do so.

2. To consider, conclude on denunciations which have been already 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; in case of concluding that the settlement has breached the law, to propose the persons who have settled them to consider and re-settle them.

Article 41.- Within 30 days as from the date of receiving proposals of inspectorates according to the provisions of Point b of Clauses 1, 2, 3 and 4 of Article 39 and Clause 2, Article 40 of this Decree, the heads of the agencies who have already settled the denunciations, shall have to realize them and notify the results to the inspectorates which have sent such proposals.

Section 2. DENUNCIATION-SETTLING PROCEDURES

Article 42.-

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

a) If denunciations fall under their settling competence, they must accept them for settlement according to 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, within 10 days as from the date of receiving them, they must transfer the written denunciations or the minutes recording the verbal denunciations and relevant documents, material evidences (if any) to competent persons for settlement;

c) Not to consider, settle denunciations which are anonymous, made under others’ names, or without clear addresses or genuine signatures, or denunciations already settled by competent authorities but now re-made without new evidences;

d) If denunciations are about criminal acts, to transfer them to investigating agencies or procuracies for handling according to provisions in Article 71 of the Law on Complaints and Denunciations.

2. In cases where the denounced acts cause or threaten to cause serious damage to interests of the State, collectives, the lives and/or properties of citizens, the denunciation-receiving agencies shall have to immediately report thereon to the functional bodies for taking preventive measures.

3. In cases where heads of state agencies of various levels or branches receive information that the denouncers have been intimidated, retaliated or revenged, they must direct or coordinate with relevant functional bodies in clarifying such information, taking measures to protect the denouncers, prevent and propose competent authorities to handle according to provisions of law the persons who have committed acts of intimidating, retaliating, revenging the denouncers.

Article 43.- In cases where denouncers personally present the denunciations, the denunciation receivers must clearly note down the contents of denunciation, full names and addresses of the denouncers; when necessary, tape-record the verbal denunciations. The contents of denunciations must be read or listened to again, and signed for certification by the denouncers. The handling of verbal denunciations made in person shall be the same as the handling of written denunciations provided for in Article 42 of this Decree.

Article 44.- Upon receiving information, documents supplied by denouncers, denounced persons, agencies, organizations and/or individuals, the denunciation settlers must compile the receipts signed by the receivers and the suppliers.

Article 45.- Persons competent to settle denunciations or heads of the agencies tasked to make verifications must issue decisions to examine, verify the denouncing contents, which must clearly state the persons tasked to verify, the contents to be verified, the time for conducting the verification, the powers and responsibility of such persons.

Article 46.- In the course of settling denunciations, the persons tasked to make verifications must create conditions for the denounced persons to explain and put forward evidences to prove the rightness and the wrongness of the denunciations.

Article 47.- The gathering of documents and evidences in the course of verification and settlement of denunciations must be recorded in documents which shall be kept in dossiers on denunciation settlement.

Upon the completion of verifications, the persons tasked to conduct verifications must make written conclusions on the denouncing contents and their conclusions must be proved with evidences.

Article 48.- Based on the verification results, conclusions on denouncing contents, the denunciation settlers shall handle the cases as follows:

1. In cases where the denounced persons do not breach the law or regulations on tasks, public duties, they must make clear conclusions thereon and notify such in writing to the denounced persons and their managing agencies, and at the same time handle or propose the competent state bodies to handle the persons who have deliberately made untruthful denunciations.

2. In cases where the denounced persons have violated laws, violated regulations on tasks or public duties and must be disciplined or administratively sanctioned, they shall handle according to competence or propose competent state bodies to handle them, and at the same time apply law-prescribed measures to decide or propose that the handling be strictly observed.

3. In cases where denounced acts show signs of crime, they shall transfer the dossiers of cases or matters to investigating agencies or procuracies for settlement according to the provisions of criminal procedure legislation.

Article 49.- The denunication settlers must send written conclusions on denouncing cases or matters, decisions on handling of denunciations to the inspection bodies and the immediate superior state bodies; notify the denouncers of the settling results if they so request, except for contents on the lists of State secrets.

Chapter IV

CITIZEN RECEPTION

Article 50.- The reception of citizens who come to make verbal complaints, denunciations or file written complaints or denunciations shall be carried out at citizen reception places.

Heads of state agencies must organize and manage the citizen reception in their agencies; promulgate rules on citizen reception; arrange the citizen reception at convenient places; ensure necessary material conditions for citizens to come and present their complaints, denunciations, proposals or reports.

The citizen reception places must be posted with citizen reception time- tables and rules. Citizen reception time-tables must show the time, the positions of the citizen receivers, the rights and obligations of persons who come to make complaints or denunciations.

Article 51.-

1. Heads of state agencies shall have to periodically receive citizens as provided for in Article 76 of the Law on Complaints and Denunciations; citizen reception time- tables must be publicly notified to citizens.

2. Apart from periodical receptions of citizens, heads of state agencies must receive citizens at urgent requests.

3. For complaints falling under their competence with clear and specific contents and with bases for settlement, heads of state agencies, when receiving citizens, must immediately reply the citizens; if they are complicated cases or matters requiring investigation and consideration, the time limit for settlement and the person to contact for the settlement result must be notified.

4. The citizen reception by heads of state agencies must be recorded in citizen reception books to be kept at citizen reception places.

Article 52.- Citizen receivers must have books to note down and monitor the citizen receptions; request citizens who come to make complaints or denunciations to produce their identification papers, to truthfully present their cases and matters, to supply documents related to the complaining or denouncing contents; in cases where many people come to make complaints or denunciations about the same contents, they shall request them to appoint their representatives to directly present their cases or matters.

Article 53.- The handling of complaints and denunciations at citizen reception places shall be conducted as follows:

1. Written complaints shall be handled according to the provisions in Article 5 of this Decree; in cases where citizens come to directly make complaints which fall under the settling competence of their agencies, citizen receivers shall guide them to write down or record the complaining contents and request such citizens to sign or give finger prints; if the complaints do not fall under the settling competence of their agencies, they shall guide the complainants to go to the agencies competent to settle them.

2. For denunciations, the citizen receivers must receive, classify and handle them according to the provisions in Articles 42, 43 and 44 of this Decree.

Article 54.- State inspectorates, the agencies of Public Security; National Defense; Trade; Planning and Investment; Construction; Finance; Labor-War Invalids and Social Affairs; Home Affairs; Transport; Health; Education and Training; Agriculture and Rural Development; Natural Resources and Environment at the central and provincial levels shall have to organize regular citizen receptions.

Other state agencies shall base themselves on the provisions of the Law on Complaints and Denunciations, the Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations, this Decree and the situation of complaints and denunciations related to their branches, domains to arrange time for reception of citizens.

Article 55.-

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

2. Provincial-level People’s Committee presidents shall arrange common places for the People’s Councils, the People’s Committees, the National Assembly deputies’ delegations and representatives of political organizations to receive citizens who come to make complaints or denunciations; to nominate an official of the rank of deputy-director of the Office or equivalent to take charge of the citizen reception places in order to organize the implementation of the regime of regular receptions of citizens.

Article 56.- For persons who come to make complaints or denunciations but cause disturbances, thus affecting security, public order and normal activities of state agencies, responsible individuals or commit other acts in violation of legislation on complaints and denunciations, heads of state agencies or persons in charge of citizen reception offices shall request local police offices to take measures to handle them according to law provisions.

Article 57.- Heads of state agencies shall have to closely coordinate with heads of police offices in ensuring order and security at citizen reception places

Commune-level People’s Committees, local police offices shall have to ensure safety for citizen reception offices of agencies in the localities under their management; in case of necessity, apply measures according to competence to handle persons who abuse complaints or denunciations to commit law-breaking acts at citizen reception places.

The Minister of Public Security shall direct the public security forces to coordinate with state agencies in ensuring order and safety for citizen reception offices and handling those who commit law-breaking acts at citizen reception places.

Chapter V

STATE MANAGEMENT OVER THE SETTLEMENT OF COMPLAINTS, DENUNCIATIONS

Article 58.- The Government Inspectorate is answerable to the Government for performing the state management over the work of complaint and denunciation settlement within the scope of the Government’s jurisdiction. The contents of state management over the work of complaint and denunciation settlement shall include:

1. To draft 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 legislation on complaints and denunciations.

2. To propagate and disseminate legislation on complaints, denunciations.

3. To promulgate according to competence guiding documents compiled by ministries, ministerial-level agencies, Government-attached agencies, provincial/municipal People’s Committees, state inspectorates at all levels, branches on the work of complaint and denunciation settlement.

4. To inspect, examine all levels and branches in the observance of law provisions on complaints and denunciations.

5. To settle complaints and denunciations according to competence.

6. To train and foster public employees performing the work of citizen reception, complaint and denunciation settlement.

7. To sum up the situation on complaints and denunciations, the settlement of complaints and denunciations and periodically or extraordinarily report thereon to the Government.

8. To draw experience on complaint and denunciation settlement.

Article 59.- The ministries, the ministerial-level agencies, the Government-attached agencies and the People’s Committees at all levels shall perform the state management over the work of complaint and denunciation settlement within their respective management scopes; guide, urge, examine agencies and organizations under their respective management in the observance of legislation on complaints and denunciations; periodically report on the work of complaint and denunciation settlement according to the provisions in Article 60 of this Decree.

Article 60.- The presidents of the People’s Committees at all levels shall, within the scope of their functions, tasks and powers, have to coordinate with the people’s procuracies and local people’s courts in settling complaints and denunciations; create conditions for agencies of the National Assembly, People’s Councils, National Assembly deputies, delegations of National Assembly deputies, People’s Council deputies, Vietnam Fatherland Front Committees and member organizations of the Front, people’s inspection organizations to supervise the enforcement of legislation on complaints and denunciations in their localities; periodically report on the work of complaint and denunciation settlement to the People’s Councils of the same levels, state administrative agencies and state inspectorates at all levels, and at the same time notify it to the Fatherland Front Committees of the same levels.

Article 61.-

1. Once every three months, on the 15th of the last month of a quarter at the latest, the ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies and the presidents of the provincial/municipal People’s Committees shall report to the Prime Minister through the General Inspector on the work of settling the complaints and denunciations falling within their respective management scopes.

2. The General Inspector shall sum up the settlement of complaints and denunciations falling within the management scope of the Government and report thereon periodically at regular meetings of the Government in the first month of every quarter or extraordinarily at the Prime Minister’s request; periodically notify the Vietnam Fatherland Front Central Committee on the work of complaint and denunciation settlement.

3. In case of necessity, the General Inspector shall propose the Prime Minister to summon leaders of central agencies and localities to meetings to discuss and propose measures for the Prime Minister to consider and direct the handling of complicated cases of complaint or denunciation related to many branches, many localities.

Article 62.- State inspectorates at all levels and of all branches have the responsibility:

1. To guide agencies, organizations and units of the same levels in reception of citizens, handling of written complaints and denunciations, settlement of complaints and denunciations, 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 or units under the heads of the same levels in the reception of citizens, the settlement of complaints and denunciations; in case of necessity, propose the heads of the same levels to summon heads of subordinate agencies, organizations or units to meetings on measures to direct the settlement of, and handle complicated cases of complaints and denunciations.

3. Upon detection of violations of legislation on complaints and denunciations, to handle them according to competence or propose Competent Agencies to handle them.

4. To propose measures to rectify the work of settlement of complaints and denunciations falling within the management scope of the heads of the same levels.

5. To sum up the situation on complaints and denunciations and the settlement of complaints and denunciations falling within the responsibilities of the heads of the same levels; to observe the regime of monthly report as provided for by the General Inspector.

Chapter VI

HANDLING OF VIOLATIONS OF LEGISLATION ON COMPLAINTS, DENUNCIATIONS

Article 63.- Agencies, organizations and individuals that record achievements in the settlement of complaints and denunciations, denouncers who have merits in preventing damage for the State, organizations and/or individuals shall be commended/rewarded according the regulations of the State.

Article 64.- Heads of state agencies shall, within the scope of their respective functions, tasks and powers, have the responsibility:

1. To issue decisions to suspend the execution of complaint-settling decisions or denunciation-handling decisions of heads of subordinate agencies upon detecting that the settlement breaches the law.

2. To issue decisions to suspend the work of public employees under their respective management who deliberately obstruct or decline to abide by the complaint-settling decisions or denunciation-handling decisions or refuse to obey to the requests of State inspectorate or superior state agencies in the settlement of complaints or denunciations; to apply other handling measures to persons who commit one of the acts defined in Articles 96, 97 and 100 of the Law on Complaints and Denunciations.

Article 65.- Public employees who commit one of the acts prescribed in Articles 96, 97, 98, 99 and 100 of the Law on Complaints and Denunciations and cause serious consequences shall be examined for penal liability; if their acts are not serious enough for penal liability examination, depending on the nature and seriousness of their violations, they shall be handled with one of the following disciplinary forms:

1. Reprimand.

2. Caution.

3. Salary degrading.

4. Demotion.

5. Removal from office.

6. Sacking.

Article 66.- Public employees who have caused damage due to their acts of violating legislation on complaints and denunciations shall have to pay compensations therefor; the compensation shall comply with the provisions of law on compensation for damage.

Article 67.-

1. If heads of state agencies show irresponsibility, letting violations of legislation on complaints and denunciations occur time and again in their agencies, they shall be disciplined; if serious consequences are caused, they shall be examined for penal liability.

2. If heads of state agencies show irresponsibility, failing to apply necessary measures for enforcement of complaint-settling decisions or denunciation-handling decisions, they shall be disciplined; if serious consequences are caused, they shall be examined for penal liability.

Article 68.- Those who commit one of the acts defined in Article 100 of the Law on Complaints and Denunciations, which are not serious enough to be crimes, shall be cautioned or fined or handled in other forms according to law provisions on handling of administrative violations.

Persons who receive citizens, persons who settle complaints or denunciations may make records on, and request competent agencies to administratively sanction persons who commit acts of violating legislation on complaints and denunciations. Local People’s Committee presidents and police offices shall base themselves on the records and requests of citizen receivers or complaint or denunciation settlers to handle them according to competence and notify the handling results to requesters within 15 days as from the date of receiving such requests.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 69.- Ccomplaints and settlement of complaints of foreign individuals, agencies or organizations, denunciations and settlement of denunciations of foreign individuals who are living, studying or working in Vietnam shall comply with the provisions of the Law on Complaints and Denunciations; the Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations and this Decree.

Article 70.- Complaints about administrative decisions in the direction and administration by the superiors over their subordinates according to administrative echelons shall not comply with the provisions of this Decree.

Article 71.- Complaints, which had been considered or settled before October 1, 2004, but on which final decisions have not yet been made, shall continue to be handled according to the provisions of the Law on Complaints and Denunciations and this Decree.

Article 72.- This Decree takes effect 15 days after its publication in the Official Gazette and replace Decree No. 67/1999/ND-CP of August 7, 1999 of the Government detailing and guiding the implementation of the Law on Complaints and Denunciations, Decree No. 62/2002/ND-CP of June 14, 2002 of the Government amending and supplementing a number of articles of Decree No. 67/1999/ND-CP of August 7, 1999 detailing and guiding the implementation of the Law on Complaints and Denunciations.

All previous regulations contrary to this Decree are hereby annulled.

Article 73.- The General Inspector shall have to guide the implementation of this Decree. The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies and the presidents of the provincial/municipal People’s Committees shall have to organize the implementation of this Decree.

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

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Phan Van Khai

 

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Thuộc tính Văn bản pháp luật 53/2005/ND-CP

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Số hiệu53/2005/ND-CP
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Ngày ban hành19/04/2005
Ngày hiệu lực09/05/2005
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Lĩnh vựcBộ máy hành chính, Quyền dân sự, Thủ tục Tố tụng
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Lược đồ Decree no. 53/2005/ND-CP of April 19, 2005 detailing and guiding the implementation of the law on complaints and denunciations and the law amending and supplementing a number of articles of the law on complaints and denunciations


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      Decree no. 53/2005/ND-CP of April 19, 2005 detailing and guiding the implementation of the law on complaints and denunciations and the law amending and supplementing a number of articles of the law on complaints and denunciations
      Loại văn bảnNghị định
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      Ngày hiệu lực09/05/2005
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      Lĩnh vựcBộ máy hành chính, Quyền dân sự, Thủ tục Tố tụng
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        Văn bản gốc Decree no. 53/2005/ND-CP of April 19, 2005 detailing and guiding the implementation of the law on complaints and denunciations and the law amending and supplementing a number of articles of the law on complaints and denunciations

        Lịch sử hiệu lực Decree no. 53/2005/ND-CP of April 19, 2005 detailing and guiding the implementation of the law on complaints and denunciations and the law amending and supplementing a number of articles of the law on complaints and denunciations