Guidelines for Resolving Accusations at the Academy, School, Research Institute, Hospital, and Equivalent Levels under the Ministry of National Defense
Procedures for Resolving Complaints at Academies, Schools, Research Institutes, Hospitals, and Equivalent Levels Under the Ministry of National Defense
Based on the provisions of Section 5 of the Administrative Procedures issued together with Decision 701/QD-BQP in 2021, the procedures for resolving complaints at academies, schools, research institutes, hospitals, and equivalent levels are as follows:
Step 1: Acceptance of the complaint
Step 2: Verification of the complaint content
Step 3: Conclusion of the complaint content
Step 4: Handling the conclusion of the complaint content
Dossier components:
+ Complaint form or document recording the complaint content.
+ Relevant documents.
Guidelines for Resolving Complaints at Academies, Schools, Research Institutes, Hospitals, and Equivalent Levels Under the Ministry of National Defense?
Sequence of Accepting Complaints at Academies, Schools, Research Institutes, Hospitals, and Equivalent Levels Under the Ministry of National Defense
Based on the provisions of Section 5 of the Administrative Procedures issued together with Decision 701/QD-BQP in 2021, the sequence of accepting complaints at academies, schools, research institutes, hospitals, and equivalent levels is as follows:
Prior to accepting a complaint, the complaint resolver himself or assigns the Inspection Agency or the officer in charge of concurrent inspection responsibilities at the same level to verify the information about the complainant and the conditions for accepting the complaint.
In cases where the complainant does not reside within the managed area or faces difficulties in verifying, the complaint resolver may assign agencies, units under the academy, school, research institute, hospital, and equivalent levels to verify the necessary information to serve the decision on accepting the complaint. The complaint resolver makes the decision to accept the complaint when the following conditions are met:
- The complaint is made in accordance with Article 23 of the Law on Complaints of 2018.
+ If the complaint is made in writing, the complaint form must state clearly the date, month, year of the complaint; full name, address of the complainant, contact method with the complainant; the behavior being complained about; the person being complained against and other relevant information.
In case multiple people lodge a complaint about the same content, the complaint form must also clearly state the full name, address, contact method of each complainant; the name of the representative of the complainants. The complainants must sign or put their fingerprints on the complaint form.
+ If the complainant directly files the complaint at the competent agency or organization, the recipient shall guide the complainant to write a complaint form or record the complaint content in writing and request the complainant to sign or put their fingerprints to confirm on the document, which clearly states the content as stipulated in clause 1, Article 23 of the Law on Complaints of 2018.
In case multiple people lodge a complaint about the same content, the recipient shall guide the complainants to appoint a representative to write the complaint form or record the complaint content in writing and request the complainants to sign or put their fingerprints to confirm on the document.
- The complainant has full civil act capacity; if not, there must be a legal representative as stipulated by law.
- The case falls under the jurisdiction of the complaint handling of the receiving agency, organization, or individual.
- There is a basis for determining the violating person and the law-breaking behavior.
In cases where the complaint arises from a grievance that has been resolved in accordance with the authorized, procedural, and legal enforcement regulations but the complainant disagrees and transitions to lodging a complaint against the grievance resolver, it will only accept the complaint when the complainant provides information, documents, evidence to determine the grievance resolver has committed a legal violation.
Within 5 working days from the date of issuing the complaint acceptance decision, the complaint resolver is responsible for notifying the complainant and informing the accused about the content of the complaint.
Sequence for Verifying Complaint Content at Academies, Schools, Research Institutes, Hospitals, and Equivalent Levels Under the Ministry of National Defense
Based on the provisions of Section 5 of the Administrative Procedures issued together with Decision 701/QD-BQP in 2021, the sequence for verifying complaint content at academies, schools, research institutes, hospitals, and equivalent levels is as follows:
- The complaint resolver directly undertakes the verification or establishes a Complaint Verification Team or a Verification Group (hereinafter referred to as the Verification Group). If a Verification Group is established, it must consist of two or more people, with one person assigned as the Group Leader.
- If the complaint resolver assigns the same level inspection agency or other agency, organization, or individual to verify the complaint content, the written assignment to verify the complaint content is implemented in accordance with clause 2, Article 31 of the Law on Complaints of 2018.
The head of the inspection agency or other agency, organization, or individual assigned to verify the complaint content (collectively referred to as the verifier) is responsible for forming the Verification Group according to clause 1 of this Article.
- The document assigning the verification of complaint content includes the following main elements: Date, month, year of assignment; person assigned to verify the complaint content; full name, address of the accused; name, headquarters of the accused agency, organization; content to be verified; verification period; rights and responsibilities of the person assigned to verify the complaint content.
- The verifier must take necessary measures to collect information, documents, and clarify the complaint content. The collected information and documents must be recorded in writing, if necessary, minutes must be made and kept in the complaint file.
- During the verification process, the verifier must allow the accused to provide explanations and present evidence to prove the accuracy or inaccuracy of the content to be verified.
- The verifier is entitled to exercise the rights and obligations stipulated in points a, b, c, d, clause 1, and points a, b, c, clause 2 of Article 11 of the Law on Complaints of 2018 as assigned by the complaint resolver.
- At the end of the verification process, the verifier must report in writing to the complaint resolver on the results of the verification and propose remedial measures.
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