Nghị định 89/CP

DECREE

PROMULGATING THE REGULATION ON THE RECEPTION OF CITIZENS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on Complaints and Denunciations by Citizens of May 7, 1991;
At the proposal of the State Inspector General,

DECREES:

Article 1.- To promulgate together with this Decree the Regulation on the Reception of Citizens.

Article 2.- This Decree takes effect 15 days after its signing. The earlier provisions which are contrary to this Decree are now annulled.

The State Inspector General shall have to guide, inspect and urge the implementation of this Decree.

Article 3.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

REGULATION

ON THE RECEPTION OF CITIZENS
(issued together with Decree No.89-CP of August 7, 1997 of the Government)

Chapter I

GENERAL PROVISIONS

Article 1.- The heads of the State administrative agencies at different levels, branches and armed forces units (agencies and units for short) shall have to organize the reception of citizens who come to represent their complaints, denunciations, opinions or proposals.

Article 2.- The citizen reception is aimed at:

1. Receiving information, proposals and opinions on issues related to the Party’s lines and policies, the State legislation and managerial work of agencies and units.

2. Receiving complaints and denunciations the settlement of which comes under jurisdiction of the heads of the related agencies or units for consideration and decision, conclusion, settlement or replying the citizen within the time-limit prescribed by the legislation regarding the settlement of citizens’ complaints and denunciations.

3. Guiding citizens in exercising their right to lodge complaints or denunciations in accordance with policies and law and to the right competent agencies for consideration and settlement.

Article 3.- The agencies and units shall organize the reception of citizens at convenient and spacious places with necessary material conditions so that citizens can easily come to represent their complaints, denunciations, proposals or opinions.

At a citizen reception place the following must be posted for people to recognize and follow: the date, time and regulations on the reception of citizens; the processes and guidances for citizens to lodge their complaints and denunciations in accordance with the procedures prescribed by law or the Ordinance on the Procedures for the Settlement of Administrative Cases.

Article 4.- The local Police Offices shall have to coordinate with the heads of the agencies and units to ensure security and order at the citizen reception places.

Article 5.- The heads of the agencies and units shall assign their cadres to receive citizens on a full-time basis.

Cadres assigned the task of receiving citizens must be those who are virtuous, incorrupt, honest, professionally capable, knowledgeable about the practical situation, policies of the Party and legislation of the State, enthusiastic and responsible for the assigned tasks.

Article 6.- Citizens must not abuse their right to make complaints and denunciations, cause disorder at citizen reception places, slander or infringe upon the State agencies or persons on duty, and must bear responsibility before law for the contents of their complaints or denunciations.

Chapter II

ORGANIZATION OF THE RECEPTION OF CITIZENS

Article 7.- The presidents of the People’s Committees of the provinces and cities directly under the Central Government and the presidents of the People’s Committees of the districts, towns and provincial cities shall arrange citizen reception places in their respective localities on at least one day per month for receiving citizens, excluding cases where the reception must be organized at urgent request. They shall also arrange enough cadres ready for the regular reception of citizens.

The presidents of the People’s Committees of the communes, wards and townships shall have to receive citizens at the offices of the Committees at least twice a week, excluding cases where the reception must be organized at urgent request.

Article 8.- The heads of the ministries and branches at the central level and the heads of the provincial/municipal services and local branches shall arrange places to receive citizens at the offices of their respective agencies and shall appoint full-time cadres to receive citizens.

The heads of the Ministry of the Interior, the Ministry of Defense, the Ministry of Construction, the Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Communications and Transport, the Ministry of Health, the Ministry of Education and Training, the Ministry of Agriculture and Rural Development and the General Land Administration shall have to receive citizens at least one day per month, excluding cases where the reception must be organized at urgent request. The heads of the other ministries and branches shall, based upon realistic needs, arrange time for the reception of citizens suited to the characteristics of their respective agencies or units, but at least once per month.

Article 9.- The heads of the agencies and units shall have to:

1. Organize the reception of citizens to hear, handle and direct the settlement of citizens’ complaints, denunciations, proposals and opinions related to the fields under their management.

2. Promptly direct the agencies functioning under their management in examining, certifying, suggesting and proposing the settlement of the complaints and denunciations within the time-limit prescribed by the legislation on the settlement of citizens’ complaints and denunciations.

3. Organize and assign specific responsibilities to cadres at citizen reception places in their agencies or units on the basis of the provisions of this Regulation.

Article 10.- The citizen reception offices of the Party Central Committee and the State are located in Hanoi and Ho Chi Minh City.

The State Inspectorate shall coordinate with the Office of the Government, the Office of the National Assembly, the Office of the Party Central Committee and the Control Commission of the Party Central Committee to arrange enough personnel as standing cadres for the reception of citizens at such offices. The State Inspector General shall appoint a department-level official to oversee the reception of citizens at the Party Central Committee’s or the State’s citizen reception office. Such an official shall:

1. Assume primary responsibility for coordinating cadres from the related agencies for the reception of citizens at the office so as to receive, guide and reply citizens; to organize the inspection, urge and request the heads of the ministries, branches and the presidents of the People’s Committees of all levels to reply citizens on the settlement of their complaints, denunciations or proposals, handed over by the cadres receiving them at the office of the Party Central Committee or the State.

2. Report to the Party or State leaders on cases and results of citizen reception at the office when requested.

3. Prepare dossiers and documents and arrange the reception of citizens by Party or State leaders if so requested.

4. Abide by the regime of reporting to the State Inspector General so that the latter may summarize and submit a report on the reception of citizens at the office to the Party Central Committee, the National Assembly and the Government.

5. Manage the property at the citizen reception office of the Party Central Committee and the State.

Chapter III

TASKS AND POWERS OF CADRES RECEIVING CITIZENS; RIGHTS AND OBLIGATIONS OF CITIZENS AT CITIZEN RECEPTION PLACES

Article 11.- While on duty, cadres receiving citizens shall wear uniforms and officials’ cards as prescribed and make their titles known to the citizens who are received.

Cadres in charge of citizen reception shall be entitled to receive complaining citizens only at their offices, not at their homes.

Article 12.- When receiving citizens, a cadre shall have the following tasks:

1. Listening and recording in the citizen reception book the full contents of citizens’ representation.

2. If the complaints or denunciations have firm grounds and fall under the jurisdiction of his/her agency, he/she shall receive such complaints or denunciations and submit them to the head of his/her agency for consideration and settlement. The contents of complaints or denunciations must be signed for certification by the citizens. All documents and papers which are related to the complaints or denunciations and supplied by the citizens must be fully receipted.

3. If the complaints or denunciations do not fall under the jurisdiction of his/her agency, he/she shall provide the citizen with the name of the proper agency competent to receive and settle them.

4. If the complaints or denunciations have already been settled under a document or decision of a competent agency in accordance with the provisions of law, he/she shall clearly reply the citizens and request them to abide by the decision or document.

Article 13.- When receiving citizens, a cadre shall have the right:

1. To refuse the reception if the cases were examined, considered, certified and settled by decisions or conclusions of a competent agency in accordance with the provisions of law and the citizens concerned have been fully informed.

2. To refuse the reception of those citizens who are drunk or mentally diseased or who violate the regulations and rules of the citizen reception places.

3. To request citizens to explain fully and clearly the contents of their complaints or denunciations, the reasons and requirements for the settlement thereof and to provide documents and evidence related to such complaints or denunciations.

In cases where the complaints, denunciations or proposals are orally presented by citizens, they shall be requested, if necessary, to make them in writing and affix their signatures thereto for certification.

Article 14.- At a citizen reception place, a citizen shall have the right:

1. To receive guidance, explanation and a reply as to the contents of his/her presentation.

2. To complain or denounce to the direct boss of the cadre if the latter, while on duty, commits wrong doings or acts of obstructing, disturbing or harassing citizens.

3. To request that the denouncer’s name and address to be kept secret if it is a denunciation.

Article 15.- At a citizen reception place, a citizen shall have the following obligations:

1. To produce personal papers such as an identity card or an invitation card; if the citizen does not personally come, he/she may authorize a relative such as a father, mother, spouse, child or sibling, who must produce the written mandate and certification by the competent agency.

2. To strictly abide by the rules of the citizen reception place, as well as the guidance of the cadre who receives citizens.

3. To honestly represent the case and provide documents related to the contents of his/her complaint or denunciation when requested.

4. To sign for certification of the contents represented.

5. In cases where many citizens come to the citizen reception place to make their complaints or denunciations with the same content, they must appoint a representative to explain the case to the cadre who receives citizens.

Chapter IV

RELATIONSHIP BETWEEN CITIZEN RECEPTION PLACES AND THE COMPETENT AGENCIES

Article 16.- When receiving citizens’ complaints, denunciations, proposals or opinions which are handed over from citizen reception places, the heads of the competent agencies and units shall have to consider and settle them within the time-limit prescribed by law. If a decision or conclusion on the settlement thereof is already available, they shall reply to the citizens concerned in accordance with the legislation on complaints and denunciations and at the same time inform the offices which have sent such cases thereof.

Article 17.- For complaints, denunciations, opinions or proposal sent by the citizen-receiving cadres at citizen reception offices of the Party Central Committee and the State, if the heads of the competent agencies have failed to settle them within the prescribed time-limit, the heads of the Party Central Committee’s and the State’s citizen reception offices shall have the right to request them to be settled promptly; if such a request is not satisfied, they shall be entitled to report to the competent authority for handling. As for complaints, they shall be entitled to announce them publicly on mass media.

Article 18.- For complaints, denunciations, proposals or opinions sent by cadres at the citizen-reception places of different levels and branches to the competent agencies for settlement, if the heads of such agencies fail to settle them within the prescribed time-limit, the heads of the citizen reception places that have transferred such cases shall be entitled to propose to the heads of the same-level agencies for handling.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 19.- The State Inspector General who assists the Prime Minister in exercising unified management over the reception of citizens shall guide, inspect and urge the heads of the ministries, branches and the presidents of the People’s Committees of different levels in organizing the reception of citizens according to law; propose necessary measures concerning the reception of citizens; administratively handling cases of intentionally violating the regulations on the reception of citizens and settlement of complaints and denunciations as prescribed by law; and follow the regime of periodical reporting on the reception of citizens to the Standing Board of the Political Bureau (of the Party), the National Assembly Standing Committee and the Prime Minister.

The State Chief Inspectors of different branches and levels shall conduct the State inspection over the reception of citizens according to their competence and assist the heads of the ministries and branches, as well as the presidents of the People’s Committees of the same level in the management of citizen reception in their respective branches or localities; observe the regime of periodical reporting on citizen reception to the heads of the ministries, branches or Party Committees, the People’s Councils’ Standing Committees and presidents of the People’s Committees of the same level.

Article 20.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and cities directly under the Central Government shall guide, inspect and urge all levels and branches under their management to organize the reception of citizens in their respective branches and localities.

Every quarter, they shall sum up the situation and results of the reception of citizens to make a report and submit it to the Prime Minister and the State Inspector General before the 20th day of the quarter’s last month.

Article 21.- The Vietnam Fatherland Front, the mass and socio-political organizations, the Supreme People’s Court and the Supreme People’s Procuracy are requested to promulgate the Regulations on the reception of citizens in accordance with their functions, tasks and fields of operation and management as prescribed by law.

Article 22.- The presidents of the People’s Committees of different levels shall coordinate with the chairmen of the People’s Procuracies and the presidents of the People’s Courts, the heads of agencies and mass organizations, the Fatherland Fronts of the same level in properly organizing citizens' reception in the fields and territory under their management.

Article 23.- In the course of the implementation of this Regulation, any agency, unit or individual that makes meritorious deeds shall be commended and rewarded in time.

Any agency, unit or individual that violates the provisions of this Regulation, shall, depending on the seriousness of its/his/her violation, be handled strictly in accordance with the provisions of law.