Nghị định 55/2022/NĐ-CP

Nội dung toàn văn Nghị định 55/2022/NĐ-CP cơ sở dữ liệu quốc gia về công tác tiếp công dân giải quyết khiếu nại


THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 55/2022/ND-CP

Hanoi, August 23, 2022

 

DECREE

PRESCRIBING NATIONAL DATABASE OF RECEPTION OF CITIZENS, PROCESSING OF SUBMISSIONS AND HANDLING OF COMPLAINTS, DENUNICATIONS, PETITIONS AND FEEDBACK

Pursuant to the Law on Government Organization dated June 19, 2015; Law dated November 22, 2019 on Amendments to some Articles of the Law on Government Organization and Law on Local Government Organization;

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

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

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

Pursuant to the Law on E-Transactions dated November 29, 2005;

Pursuant to the Law on Information Technology dated June 29, 2006;

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Pursuant to the Law on Access to Information Security dated April 06, 2016;

At the request of the Inspector-General;

The Government hereby promulgates a Decree prescribing National database of reception of citizens, processing of submissions and handling of complaints, denunciations, petitions and feedback.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for establishment, updating, management, exploitation and use of National database of reception of citizens, processing of submissions and handling of complaints, denunciations, petitions and feedback; responsibilities of authorities, organizations and individuals concerned for establishment, updating, management, exploitation and use of National database of reception of citizens, processing of submissions and handling of complaints, denunciations, petitions and feedback.

Article 2. Regulated entities

This Decree applies to Ministries, ministerial agencies, Governmental agencies, People’s Committees at all levels, state inspecting authorities, authorities, organizations and individuals that have power to and responsibility to receive citizens, process submissions and handle complaints, denunciations, petitions and feedback and other authorities, organizations and individuals involved in establishment, updating, management, exploitation and use of National database of reception of citizens, processing of submissions and handling of complaints, denunciations, petitions and feedback.

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1. The National database of reception of citizens, processing of submissions and handling of complaints, denunciations, petitions and feedback (hereinafter referred to as “database”) refers to a collection of information on complaints, denunciation forms, petitions and feedback sent by authorities, organizations and individuals and information and data on citizen reception, processing of submissions and handling of complaints, denunciations, petitions and feedback by competent authorities, which is standardized, digitized, archived and managed with the help of information infrastructure in accordance with regulations of this Decree and other relevant laws.

2. The database shall be exclusively established and managed by the Government Inspectorate, and updated and operated at Ministries, ministerial agencies, Governmental agencies and People’s Committees at all levels so as to serve the state management of citizen reception, and handling of complaints, denunciations, petitions and feedback.

Article 4. Principles of establishment, updating, management, exploitation and use of database

1. Comply with regulations of law on reception of citizens, processing of submissions and handling of complaints, denunciations, petitions and feedback, protection of state secrets and protection of personal information and other relevant regulations of law.

2. Ensure conformity with the information system architecture framework, meet database standard and standard, standards and technical regulations on information technology.

3. Establish, update, manage, operate and use the database in a prompt, sufficient and accurate manner, intra vires and for its intended purposes in accordance with regulations of law.

4. Ensure the close, safe, stable and smooth management and operation of the database.

Article 5. Prohibited acts

1. Intentionally failing to update or updating insufficient or inaccurate information or data; falsifying information, illegally changing, deleting or destroying data in the database.

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3. Operating, using and revealing information in the database or using information for personal gain.

4. Destroying, vandalizing, damaging or sabotaging information infrastructure systems or obstructing the stable and continuous operation and maintenance of the database.

Chapter II

ESTABLISHMENT, MANAGEMENT AND EXPLOITATION OF DATABASE

Section 1. INFORMATION IN DATABASE

Article 6. Information updated to database

1. Information about citizen reception:

a) Full names and addresses of citizens;

b) Contents and results of citizen reception.

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a) Type of submission: complaints, denunciation forms, complaints, feedback forms and submissions containing different contents;

b) Submissions eligible for processing;

c) Submissions within the power to handle;

d) Submissions to be transferred to: National Assembly, agencies of the National Assembly, agencies affiliated to National Assembly’s Standing Committee, People's Councils at all levels; state administrative agencies; proceeding agencies, enforcement agencies; State Audit Office of Vietnam; political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, religious organizations; public service providers, state-owned enterprises; other agencies, organizations and units;

dd) Rejected submissions and submission guidelines;

e) Withdrawn submissions;

g) Archived submissions.

3. Information about complaints:

a) Full names and addresses of complainants;

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c) Summary of complaints and progress of complaints;

d) First decisions on complaint handling; second decisions on complaint handling;

dd) Results of implementation of legally effective complaint handling decisions.

4. Information about denunciations:

a) Full names and addresses of denouncers;

b) Full names and addresses of denounced parties;

c) Summary of denunciations and progress of denunciations;

d) Conclusion on denunciations; decisions to handle denounced violations;

dd) Results of implementation of conclusion on denunciations.

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a) Full names and addresses of persons sending petitions and feedback;

b) Summary of petitions and feedback;

c) Results of handling of petitions and feedback.

6. Periodic reports, case reports, thematic reports and ad hoc reports on reception of citizens, processing of submissions and handling of complaints, denunciations, petitions and feedback shall be updated as requested by the Government Inspectorate.

Article 7. Sources of information updated to database

1. Citizen reception, submission processing; receipt and handling of petitions and feedback directly related to legitimate rights and interests of persons sending petitions and feedback; complaint cases with notices of complaint acceptance, denunciation cases with decisions on denunciation acceptance from the effective date of this Decree.

2. Cases with legally effective decisions on complaint handling, cases with denunciation conclusions from March 15, 2018 before the effective date of this Decree.

3. Complicated and protracted complaint and denunciation cases other than those specified in clauses 1 and 2 of this Article updated according to the written request of the Government Inspectorate.

Article 8. Time of entry of information into database

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2. For the cases specified in clause 2 Article 7 of this Decree, the responsible agency shall carry out updating within 12 months from the effective date of this Decree.

3. For the cases specified in clause 6 Article 6 and clause 3 Article 7 of this Decree, the responsible agency shall carry out updating within 15 days from the receipt of the Government Inspectorate’s written request.

Article 9. Updating of additions and adjustments to database

Within 05 working days from the date on which it is found that information in the database is insufficient or inaccurate or there is any discrepancy between electronic data and physical documents, the agency responsible for data updating shall conduct a check and update the additions or adjustments.

Section 2. RESPONSIBILITY FOR ESTABLISHMENT, MANAGEMENT AND EXPLOITATION OF DATABASE

Article 10. Responsibilities of Government Inspectorate

1. Organize the construction and operation of technical infrastructure and management of database system.

2. Assign the Central Committee on Reception of Citizens to sufficiently and promptly update information and data on reception of citizens, processing of submissions and handling of complaints, denunciations, petitions and feedback to the database. Other units affiliated to the Government Inspectorate shall promptly update information and data on cases which they are assigned to preside over the handling to the database.

3. Provide information about reception of citizens, processing of submissions and handling of complaints, denunciations, petitions and feedback from the database it updates and manages at the request of competent authorities, organizations and individuals as prescribed by law.

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5. Inspect the fulfillment of responsibility of Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of provincial People's Committees for organizing updating, management, exploitation and use of the database as prescribed.

6. Standardize and digitalize reporting regimes; cooperate with the Office of the Government in connecting the database with reporting systems of the Government and information and operation centers of the Government and Prime Minister.

7. Perform other tasks assigned by the Government and Prime Minister.

Article 11. Responsibilities of Ministries, ministerial agencies, Governmental agencies and People's Committees at all levels

1. Organize timely updating of information and data on reception of citizens, processing of submissions and handling of complaints, denunciations, petitions and feedback within their power to the database.

2. Organize and direct timely updating and notification of changes or errors in information and data on reception of citizens, processing of submissions and handling of complaints, denunciations, petitions and feedback.

3. Organize, direct and instruct authorities, units and individuals under their management to provide information for updating to the database.

4. Manage, exploit and use information and data on reception of citizens, processing of submissions and handling of complaints, denunciations, petitions and feedback they update to the database.

5. Provide information about reception of citizens, processing of submissions and handling of complaints, denunciations, petitions and feedback from the database they update and manage at the request of competent authorities, organizations and individuals in accordance with regulations of this Decree and other relevant laws.

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7. Inspect, within their power, the fulfillment of responsibility of heads of authorities and units, and individuals under their management for updating, management, exploitation and use of the database.

Article 12. Responsibilities of state inspecting authorities at all levels

1. Assist heads of regulatory bodies at the same level to organize the updating, management, exploitation and use of information and data on reception of citizens, processing of submissions and handling of complaints, denunciations, petitions and feedback under the management of heads of regulatory bodies at the same level.

2. Assist heads of regulatory bodies at the same level to direct, providing guidance on, expediting and inspecting the updating, management, exploitation and use of information and data on reception of citizens, processing of submissions and handling of complaints, denunciations, petitions and feedback under the management of Ministries and local authorities.

Article 13. Responsibilities of authorities, organizations and individuals having power to receive citizens, handle complaints and denunciations and process petitions and feedback

1. Provide information and data on reception of citizens, processing of submissions and handling of complaints and denunciations, and processing of petitions and feedback to authorities responsible for updating as requested and carry out updating at the request of competent authorities; take responsibility for the accuracy of information provided.

2. Use information and data on reception of citizens, processing of submissions and handling of complaints, denunciations, petitions and feedback they collect and provide to serve the management.

Article 14. Power and range of exploitation of database

1. Agencies responsible for updating information to database are entitled to exploit information and data they are authorized to update.

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a) The General Secretary, the President, the Prime Minister, the Chairman/Chairwoman of the National Assembly, the Executive Secretary of the CPV Central Committee, the Vice State President, Deputy Prime Ministers and Cabinet members, the Vice Chairmen/Chairwomen of the National Assembly and members of the National Assembly’s Standing Committee who are entitled to request information and data nationwide;

b) Central Inspection Commission, Office of the CPV Central Committee and CPV Central Committees, Office of the President, Office of the Government, Office of the National Assembly, Ethnic Minorities Council, National Assembly’s Committees, Board for the People's Petitions and Board for Deputy Affairs affiliated to the National Assembly’s Standing Committee and National Assembly deputies that are entitled to request information and data nationwide;

c) Committees of provincial People's Councils, Offices of the National Assembly deputies' delegation and provincial People’s Councils, Offices of provincial People’s Committees, Offices of Provincial Party Committees and City Party Committees and Committees affiliated to Provincial Party Committees and City Party Committees, provincial Committees of Vietnam Fatherland Front and deputies to provincial People’s Councils that are entitled to request information and data under management of provincial People’s Committees;

d) Offices and Committees of district-level People’s Councils, Offices of district-level People’s Committees, Offices of and Committees affiliated to Party Committees of urban districts, rural districts, county-level towns and cities, district-level Committees of Vietnam Fatherland Front and deputies to district-level People’s Councils that are entitled to request information and data under management of district-level People’s Committees;

dd) Other authorities, organizations and individuals having power to request information as prescribed by law.

3. The exploitation and use of state secrets in the database shall comply with regulations of law on protection of state secrets.

Article 15. Procedures for requesting and processing requests for information and data from database

1. Authorities, organizations and individuals entitled to request information and data shall make a written request, clearly specifying information and data to be provided and purposes of exploiting and using information and data.

2. The authority responsible for providing information and data shall consider and provide information and data as requested within 05 working days from the receipt of the written request. If, for objective reasons, the requested information and data fail to be provided, a written notification clearly stating reasons therefor must be sent to the applicant.

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a) In cases other than those specified in clause 2 Article 14 of this Decree.

b) When there are grounds for presuming that the request is unlawful, violates regulations on protection of state secrets and personal secrets or infringes upon the legitimate rights and interests of authorities, organizations and individuals.

Article 16. Responsibility for providing information from database

1. The Government Inspectorate shall provide information as requested in points a, b and dd clause 2 Article 14 of this Decree.

2.  Ministry Inspectorates and ministerial agencies shall provide information under their management as requested by Ministers and heads of ministerial agencies.

Any unit assigned to update information to the database at the Office of the Government and Governmental agencies shall provide information under its management as request by the Minister, Chairman/Chairwoman of the Office of the Government and heads of Governmental agencies.

3. Provincial Inspectorates shall provide information as requested in points c and dd clause 2 Article 14 of this Decree.

4. District-level Inspectorates shall provide information as requested in points d and dd clause 2 Article 14 of this Decree.

Article 17. Management and protection of database

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2. The authorities assigned to manage database shall develop technical solutions, business processes and regulations on management of the database, system operation of system, data storage, system inspection and assurance of information and data security and safety.

Article 18. Data connection and sharing

1. The connection and sharing of information and data between the National database of reception of citizens, processing of submissions and handling of complaints, denunciations, petitions and feedback with other national databases and specialized databases in support of the management by competent authorities shall comply with regulations of law.

2. Ministries and local authorities shall standardize related data from their databases so as to update it to the database as prescribed by law.

Article 19. Funding for establishment and maintenance of database

1. Funding for investment in establishment, upgrading and maintenance of database shall be derived from the state budget and other funding sources under regulations of law.

2. Funding for management, maintenance and updating of information and data shall be derived from current state budget’s regular expenditures.

Chapter III

IMPLEMENTATION CLAUSE

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This Decree comes into force from October 10, 2022.

Article 21. Responsibility for implementation

1. The Inspector-General shall, within his/her jurisdiction, organize, provide guidance on and inspect the implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees at all levels, heads of state inspecting authorities, persons that have power to and responsibility to receive citizens, process submissions and handle complaints, denunciations, petitions and feedback and other authorities, organizations and individuals concerned are responsible for the implementation of this Decree.

 

 

ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER




Le Minh Khai

 

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