Guidelines for Resolving Complaints at the Ministry of National Defense? Procedures for Resolving Complaints at the Ministry of National Defense?
Procedure for Resolving Complaints at the Ministry of National Defense
Based on the regulations in Section 1 of the administrative procedures issued with Decision 701/QD-BQP in 2021, the procedure for resolving complaints at the Ministry of National Defense is as follows:
Step 1: Acceptance of Complaint
Step 2: Verification of Complaint Content
Step 3: Conclusion of Complaint Content
According to Article 35 of the Law on Complaints 2018 and Article 17 of Decree 31/2019/ND-CP as follows:
- Based on the complaint content, explanation of the person being complained about, results of the verification of complaint content, related documents, and evidence, the person resolving the complaint issues a conclusion on the complaint content. This conclusion includes the following main points:
+ Results of the verification of the complaint content.
+ Legal basis for determining whether there was a legal violation.
+ Conclusion on whether the complaint content is correct, partially correct, or false; determining the responsibility of each agency, organization, or individual related to the complaint content.
+ Measures to be taken under authority; recommending other agencies, organizations, or individuals to take measures under authority against agencies, organizations, or individuals that violated the law.
+ Recommending authorities to consider amending, supplementing policies, laws, and taking necessary measures to protect the State's interests, and the lawful rights and interests of agencies, organizations, and individuals.
In case of re-solving the complaint, in addition to the above contents, the person resolving the complaint concludes the legal violations, mistakes, or unsuitable points of the previous complaint resolution (if any); handles under authority or directs, recommends agencies, organizations, units, individuals with authority to handle agencies, organizations, units, individuals that violated the law during the previous complaint resolution.
- Within 05 working days from the date of issuance of the conclusion on complaint content, the person resolving the complaint sends the conclusion to the person being complained about, the managing agency, organization of the person being complained about, and related agencies, organizations, individuals; notifies the complainant of the conclusion on complaint content.
Step 4: Handling Complaint Conclusion.
Guide for resolving complaints at the Ministry of National Defense? How is the procedure for resolving complaints at the Ministry of National Defense?
Procedure for Acceptance of Complaints at the Ministry of National Defense
Based on the regulations in Section 1 of the administrative procedures issued with Decision 701/QD-BQP in 2021, the procedure for acceptance of complaints at the Ministry of National Defense is as follows:
Before accepting the complaint, the person resolving the complaint either verifies the information on the complainant and the condition for accepting the complaint themselves or assigns the Ministry of National Defense Inspectorate to do it. If the complainant does not reside in the managed area or verification is difficult, the person resolving the complaint may assign the Ministry of National Defense's agencies, units to verify the necessary information to decide on the acceptance of the complaint. The person resolving the complaint issues a decision on the acceptance of the complaint when the following conditions are met:
- The complaint is made according to the regulations in Article 23 of the Law on Complaints 2018.
+ If the complaint is made in writing, it must state the date, month, year of the complaint; the name, address of the complainant, and contact information; the suspected legal violation action; the person being complained about, and other related information. If many people jointly file a complaint on the same issue, the complaint must also state the names, addresses, contact information of each complainant; the representative of the complainants. The complainant must sign or fingerprint the complaint.
+ If the complainant directly complains at the authorized agency, the receiver guides the complainant to write a complaint or records the complaint content in writing and requires the complainant to sign or fingerprint the document, clearly stating the content as prescribed in clause 1 of this Article.
If many people jointly file a complaint on the same issue, the receiver guides the complainants to designate a representative to write the complaint or records the complaint content in writing and requires the complainants to sign or fingerprint the document.
- The complainant has full civil capacity; if not, there must be a representative as prescribed by law.
- The case is within the authority of the agency, organization, or individual receiving the complaint.
- The complaint content provides a basis to determine the legal violator and violation act.
If the complaint stems from a resolved grievance following the legal authority, procedures, and the complainant is dissatisfied, the complaint is accepted only if the complainant provides information, documents, evidence to identify that the grievance resolver committed a legal violation.
Within 05 working days from the date of issuing the acceptance decision, the person resolving the complaint must inform the complainant and notify the content of the complaint to the person being complained about.
Procedure for Verifying the Content of Complaints at the Ministry of National Defense
Based on the regulations in Section 1 of the administrative procedures issued with Decision 701/QD-BQP in 2021, the procedure for verifying the content of complaints at the Ministry of National Defense is as follows:
- The person resolving the complaint personally verifies or establishes a Verification Team or a Verification Group (collectively referred to as the Verification Group). If a Verification Group is established, it must have at least two members, with one acting as the team leader.
- If the person resolving the complaint assigns the same-level inspection agency or other agencies, organizations, individuals to verify the complaint content, the assignment document follows the regulations in clause 2 Article 31 of the Law on Complaints 2018. The head of the inspection agency or other agencies, organizations, individuals assigned to verify the complaint content (collectively referred to as the complaint content verifier) is responsible for establishing the Verification Group according to clause 1 of this Article.
- The assignment document for verifying the complaint content includes the following main points: Date, month, year of assignment; the person assigned to verify the complaint content; the name, address of the person being complained about; the name, address of the agency, organization being complained about; the content to be verified; duration for verification; rights and responsibilities of the person assigned to verify the complaint content.
- The complaint content verifier must take necessary measures to collect information, documents, clarify the complaint content. Collected information, documents must be recorded in writing, and if necessary, documented in minutes, preserved in the complaint case file.
- During the verification process, the complaint content verifier must allow the person being complained about to explain, provide evidence to prove the correctness or falseness of the content to be verified.
- The complaint content verifier may exercise the rights and obligations stated in points a, b, c, d clause 1 and points a, b, c clause 2 Article 11 of the Law on Complaints 2018 as assigned by the person resolving the complaint.
- At the end of the verification, the complaint content verifier must report in writing to the person resolving the complaint the verification result and recommend handling measures.
Procedure for Handling Complaint Conclusion at the Ministry of National Defense
Based on the regulations in Section 1 of the administrative procedures issued with Decision 701/QD-BQP in 2021, the procedure for handling complaint conclusion at the Ministry of National Defense is as follows:
- Within 07 working days from the date of issuing the conclusion on the complaint content, the person resolving the complaint, based on the conclusion, handles as follows:
+ If the conclusion determines that the person being complained about did not violate the law in the performance of duties, restore the lawful rights and interests of the person being complained about, which were infringed due to the false complaint, meanwhile handle under authority or recommend the authority to handle the person who intentionally made the false complaint.
+ If the conclusion determines that the person being complained about violated the law in the performance of duties, apply measures to handle under authority or recommend the authority to handle according to legal regulations.
- If the violation of the person being complained about shows signs of a crime, immediately transfer the case file to the competent Criminal Investigation Agency or Military Procuracy for handling according to legal regulations.
- Within 05 working days from the date of the handling result, the competent agency, unit, or individual handling the recommendations in the complaint conclusion must inform the person resolving the complaint in writing about the handling result.
The person resolving the complaint monitors, urges, or assigns the competent agency, unit to monitor and urge the implementation of the complaint conclusion. If so assigned, the agency, unit, or individual must report monthly to the person resolving the complaint about the results of monitoring and urging the implementation of the complaint conclusion.
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