Thông tư 04/2021/TT-TTCP

CIRCULAR

PROCEDURES FOR RECEPTION OF CITIZENS

Pursuant to the Law on Complaint dated November 11, 2011;

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

Pursuant to the Law on Accusation dated June 12, 2018;

Pursuant to the Government's Decree No. 64/2014/ND-CP dated June 26, 2014, specifying the implementation of a number of articles of the Law on Reception of Citizens;

Pursuant to the Government’s Decree No. 31/2019/ND-CP dated April 10, 2019 elaborating on certain articles of the Law on Accusation;

Pursuant to the Government's Decree No. 124/2020/ND-CP dated October 19, 2020, elaborating on certain articles and measures for enforcement of the Law on Complaint;

Pursuant to the Government's Decree No. 150/2018/ND-CP dated April 9, 2018, defining the functions, tasks, powers and organizational structure of the Government Inspectorate;

Upon the request of the Head of the Central Committee on Reception of Citizens and the Director of the Department of Legal Affairs;

The Inspector General herein promulgates the Circular prescribing procedures for reception of citizens.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular deals with the procedures for reception of citizens filing their complaints, allegations, petitions or grievances at citizen reception venues of authorities, organizations and units responsible for reception of citizens under points a, b, c of clause 1 of Article 4 in the Law on Reception of Citizens and Governmental bodies or public service units referred to in the Government's Decree No. 64/2014/ND-CP dated June 26, 2014, elaborating on implementation of several Articles of the Law on Reception of Citizens.

Article 2. Subjects of application  

1. State administrative agencies, Governmental bodies, public service units (hereinafter referred to as regulatory institutions), heads of regulatory authorities and persons receiving citizens.

2. Persons filing their complaints, accusations, petitions or grievances who come to express their opinions in person at Citizen Reception Offices or venues.

3. Other agencies, organizations and individuals involved in citizen reception activities.

Article 3. Purposes of citizen reception activities

1. Guide citizens through the procedures for exercising rights to file their complaints, accusations, petitions or grievances in accordance with laws, contribute to disseminating and communicating legislation. 

2. Acknowledge the receipt of complaints, accusations, petitions or grievances falling within the range of authority delegated to heads of regulatory institutions to seek their decisions to handle them in accordance with laws.

Article 4. Refusal to receive citizens

Persons receiving citizens may refuse to receive citizens in the cases specified in clause 1 and 2 of Article 9 in the Law on Citizen Reception and must give citizens reasons for such refusal as well as report to persons in charge of receiving citizens.

In case of refusing to receive citizens under the provisions of clause 3 of Article 9 in the Law on Citizen Reception, heads of regulatory institutions in charge of receiving citizens should issue the Notice of refusal. The Notice is made by using the Sample No. 01 annexed to this Circular.

Chapter II

RECEPTION OF PERSONS FILING COMPLAINTS, ACCUSATIONS, PETITIONS OR GRIEVANCES

Section 1. IDENTIFICATION OF TRACK RECORD OF PERSONS FILING COMPLAINTS, ACCUSATIONS, PETITIONS OR GRIEVANCES AND LEGITIMACY OF LEGALLY AUTHORIZED REPRESENTATIVES

Article 5. Identification of track record of persons filing complaints, accusations, petitions or grievances

1. When meeting with persons filing complaints, persons receiving citizen shall request them to clearly give their full names and addresses and present their personal documents, letters of introduction and letters of authorization (if any).

2. When meeting with persons filing accusations, petitions or grievances, persons receiving citizens shall request them to clearly give their full names, addresses and present their personal documents.

During the process of consultation with persons filing accusations, persons receiving citizens must keep their full names, addresses and handwritings of persons filing accusations under legislation on accusation.

Article 6. Identification of legitimacy of representatives, authorized persons, lawyers or legal assistants

1. In case where entities or organizations carry out the complaint procedures with the help of representatives who are their heads, persons receiving citizens may request these representatives to present their letters of introduction and personal documents.   

In case where heads of these entities or organizations authorize representatives under law to carry out the complaint procedures, persons receiving citizens shall request authorized persons to present their personal documents or letters of authorization.

2. In case where persons coming to represent their complaints are representatives, persons authorized by persons filing complaints as provided in point a of clause 1 of Article 12 in the Law on Complaint, persons receiving citizens may request them to present legal proof of representation, authorization or other relevant documents.

In case where persons coming to represent their concerns are representatives or legally authorized persons, persons receiving citizens shall carry out the reception procedures like the procedures for reception of persons filing complaints.

3. In case where persons filing complaints authorize lawyers or legal assistants to carry out the complaint procedures, persons receiving citizens may request lawyers or legal assistants to present their license cards and letters of authorization.

4. In case where citizens do not have letters of authorization or authorization does not conform to regulations laid down in point a and b of clause 1 of Article 12 in the Law on Complaint, persons receiving citizens shall refuse to acknowledge the receipt of documents on subject matters and give clear reasons for such refusal and provide them instructions about necessary procedures for having their complaints accepted in accordance with regulations in force.

Section 2. RECEIPT, SORTING AND HANDLING OF COMPLAINTS, ACCUSATIONS, PETITIONS OR GRIEVANCES

Article 7. Acknowledgement of receipt of complaints, accusations, petitions or grievances

1. When citizens come to represent their concerns without any submission, persons receiving citizens shall instruct them to complete statements or representations of complaint, accusation, petition or grievance, or keep written full, true and accurate record of their oral submissions; concerning any unclear written submission, citizens shall be advised to give further submissions and then read them out again to citizens and request them to sign their names or append fingerprints on written records.  

2. In case where citizens come to make their submissions with clear and detailed concerns that can help clearly define the nature of issues in question and authorities having competence in dealing with these submissions, persons receiving citizens shall instruct citizens to make their submissions to these authorities to seek their decisions in accordance with law.    

3. In case where there are multiple persons come to file their complaints, accusations, petitions or grievances concerning the same issue, persons receiving citizens shall instruct them to appoint representatives to make their oral submissions on their behalf; shall keep written record of these submissions and request these representatives to sign their names or append their fingerprints on records.

4. In case where a citizen represents multiple concerns, including both complaint and accusation, petition or grievance issues, persons receiving citizens shall instruct him/her to carry out the complaint, accusation, petition or grievance procedures in accordance with law.

5. Acknowledging the receipt of and recording issues or concerns involved in a complaint, accusation, petition or grievance and providing citizens instructions on how to complete these forms should be recorded into the Register for reception of citizens or entered into citizen reception database software.  

Article 8. Sorting and handling of complaints, accusations, petitions or grievances

1. Sorting and handling of issues or concerns involved in complaints, accusations, petition or grievance should be based on written records of submissions or representations and conform to the Circular No. 05/2021/TT-TTCP dated October 1, 2021 of the Government Inspectorate, prescribing the procedures for handling of complaints, accusations, petitions or grievances.

2. If representations or concerns do not fall within the scope of authority of regulatory institutions receiving citizens, persons receiving citizens shall instruct citizens to file their forms to authorities or organizations having competence in handling them.

In case where they fall under the authority of their host regulatory institutions, persons receiving citizens shall receive information and documents for the purposes of reporting to competent persons to get them handled. If citizens provide information, documents and proof related to complaints, accusations, petitions or grievances, persons receiving citizens shall consider receiving them. The acknowledgement of receipt of information, documents or proof is prepared by using the Form No. 02 annexed hereto.

Chapter III

RECEPTION OF CITIZENS, MONITORING OF RECEPTION OF CITIZENS BY HEADS OF REGULATORY INSTITUTIONS

Article 9. Responsibilities of heads of regulatory institutions for reception of citizens

1. Heads of regulatory institutions must directly meet with citizens to listen to, consider, handle and direct the resolution of complaints, accusations, petitions or grievances under their jurisdiction or authority delegated to heads of senior regulatory institutions during the process of reception of citizens, handling of submissions and processing of complaints, accusations, petitions or grievances. 

Heads of regulatory institutions shall be responsible for meeting with citizens on a periodic or irregular basis in accordance with the Law on Reception of Citizens, check and push the handling and resolution after meeting with citizens by regulatory institutions.

2. Reception of citizens by heads of regulatory institutions must be fully recorded by clerical civil servants or public employees into the Register for reception of citizens or entered into the national database of reception of citizens, handling of complaints, accusations, petitions and grievances or software for management of reception of citizens, and these records must be filed or archived at citizen reception venues.  Directives from heads of regulatory institutions on handling complaints, accusations, petitions or grievances at Citizen Reception Offices must be in writing and sent to relevant entities, organizations or units for their compliance in accordance with requirements set out in these directives; must fix the time of handling thereof as per law and ensure that entities, organizations or units in change of handling these submissions are obliged to answer citizens.

3. When meeting with citizens, if subject matters are explicit, definite, grounded and fall under appropriate jurisdiction, heads of regulatory institutions should promptly answer these citizens; if subject matters are complicated, need further study or examination, deadlines and contact persons for receipt of answers or decisions should be clarified.  

4. After each meeting with citizens, heads of regulatory institutions should issue notices of conclusion regarding citizen reception.

Article 10. Responsibilities of Citizen Reception Boards, civil servants and public employees tasked with assisting heads of regulatory institutions in receiving citizens and responsibilities of relevant regulatory institutions

1. Citizen Reception Boards, civil servants and public employees tasked with assisting heads of regulatory institutions in receiving citizens and state inspectorate agencies or offices of same-level People’s Committees shall assume the following responsibilities:

a) Arrange the reception of citizens by heads of regulatory authorities and notify relevant ones of this arrangement; prefer handling complaints, accusations, petitions or grievances that involve crowds, are complicated and prolonged;

b) Assign persons to take the minutes of meetings with citizens;

c) Make other necessary conditions to enable heads of regulatory institutions to meet with citizens.

2. Regulatory authorities involved in subject matters represented in complaints, accusations, petitions or grievances shall assume the following responsibilities:

a) Assign members of their leadership to join meetings with citizens to fulfill tasks assigned by heads of regulatory institutions; 

b) Assign civil servants or public employees to keep the minutes of meetings with citizens, receive information and documents provided by citizens;

c) Fully prepare information and documents related to subject matters of complaints, accusations, petitions or grievances which heads of regulatory institutions are planned to discuss.

3. Upon completion of meetings with citizens, relevant regulatory institutions shall be responsible for helping heads of regulatory authorities prepare written responses to citizens.

In case where any relevant subject matter relates to inter-authority responsibilities, the same-level inspectorate shall be responsible for cooperating with competent entities, organizations and persons in studying and analyzing its seriousness, implications and causes to suggest actions to be taken, and preparing written documents that heads of regulatory authorities send to citizens as written responses.

Article 11. Monitoring and management of reception of citizens

Discussions or meetings with citizens coming to file their complaints, accusation, petitions or grievances must be fully recorded into the Register for reception of citizens or entered into the national database of reception of citizens, handling of complaints, accusations, petitions and grievances or software for management of reception of citizens.

The register for reception of citizens shall be made by using the Sample No. 03 annexed to this Circular.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 12. Entry into force

1. This Circular shall enter into force as from November 15, 2021.

2. Circular No. 06/2014/TT-TTCP dated October 31, 2014 of the Government Inspectorate, adopting the procedures for reception of citizens, shall be repealed as from the date of entry into force of this Circular.

3. In the course of implementation hereof, if there is any difficulty or issue that arises, relevant entities, organizations and persons may send their feedbacks promptly to the Government Inspectorate to seek their approval of any appropriate revision or modification./.