Instructions on the order of receipt, classification and handling of complaints in Vietnam at the Ministry of Justice in 2022?
What are the rules for receiving complaints in Vietnam?
According to Article 5 of the Regulation on handling complaints in Vietnam, denunciations and complaints and petitions with contents of complaints and denunciations at the Ministry of Justice, issued together with Decision 1428/QD-BTP in 2022, providing for complaints received from the following sources:
- The application form is sent directly by the agency, organization or individual to the leaders of the ministry, the heads of the units under the ministry; through the Ministry's Secretariat; by postal service; through the suggestion box of agencies and units; through the Citizens Reception location of the Ministry of Justice; via hotline and other methods as prescribed by law.
- Applications submitted by leaders of the Party and State and leaders of Party agencies, National Assembly deputies, National Assembly Delegation, agencies of the National Assembly and National Assembly Standing Committee, People's Council deputies, Committees of the People's Council, Central Committee of the Vietnam Fatherland Front and its member organizations, press agencies and other agencies, organizations and units transferred in accordance with law
Instructions on the order of receipt, classification and handling of complaints in Vietnam at the Ministry of Justice in 2022? (Picture from internet)
Regulations on classification of applications, how to enter the application monitoring book?
According to Article 6 of the Regulation on handling complaints, denunciations and complaints and petitions with contents of complaints and denunciations at the Ministry of Justice, issued together with Decision 1428/QD-BTP in 2022, providing for classification of applications. , in the single tracking book as follows:
- Complaints and denunciations received from sources as prescribed in Article 5 of this Regulation must be classified according to the provisions of law on the process of handling complaints in Vietnam, denunciations, recommendations, and reflections. and must be entered into a book or entered into the national database system on citizen reception, settlement of complaints, denunciations, recommendations, reflections according to regulations or application processing software for searching. , management, tracking.
- The storage and recording of data in the monitoring book or backup of data on the computer, and the lookup of information shall comply with the provisions of the law on archiving, the law on protection of state secrets and the List of State secrets. countries in the field of inspection, settlement of complaints and denunciations, and anti-corruption.
- Responsibility for classification and entry:
+ The Chief Inspector of the Ministry is the focal point in receiving, classifying and processing applications submitted to the Inspectorate of the Ministry and to the Ministry of Justice.
+ Heads of units under the Ministry that receive applications are responsible for classifying, recording and processing applications.
What is the complaint handling process according to the latest regulations?
According to Article 7 of the Regulation on handling complaints, denunciations and complaints and petitions with contents of complaints and denunciations at the Ministry of Justice issued together with Decision 1428/QD-BTP in 2022, it is stipulated that:
Within 05 working days from the date of receiving the complaint, the person responsible for handling the complaint specified in Article 3 of this Regulation must perform the following tasks:
- Sorting and entering the single tracking book.
- Processing applications.
+ For complaints under competence:
++ complaints in Vietnam falling under the Minister's handling competence and eligible for acceptance as prescribed by law must be reported to the Minister or Deputy Minister in charge for decision on acceptance and settlement.
++ All complaints and related documents will be transferred to the unit assigned to verify.
+ Complaints falling under the handling competence of heads of units under the Ministry shall be forwarded to such persons for consideration and settlement.
++ If the conditions are met, the head of that unit must consider and decide on the acceptance and settlement.
++ The order and procedures for acceptance shall comply with the provisions of the Law on Complaints. For the field of civil judgment enforcement, the order and procedures for acceptance shall apply in accordance with the law on Civil judgment enforcement.
++ For complaints about the grant and revocation of practice certificates, practice licenses, establishment licenses, appointment, re-appointment, dismissal, practice probation, examination of practice probation results Professionals and disciplinary decisions of socio-professional organizations under the jurisdiction of the Minister of Justice shall be consulted by the unit in the granting and revocation of certificates and permits, appointment, dismissal and inspection. the results of probationary practice, practice activities shall assume the prime responsibility for, and coordinate with the Ministry Inspectorate in, settling.
- If the complaint falls within their competence but does not meet the conditions for acceptance and settlement, the heads of the units shall reply in writing to the complainants clearly stating the reasons for not accepting them.
- If a complaint is under the authority of a subordinate but has not yet been settled beyond the time limit prescribed in the Law on Complaints, the person handling the complaint shall report it to the head of the unit for consideration and decision in accordance with the provisions of law. the law.
+ For complaints not falling under the jurisdiction
++ The handling of complaints that do not fall within its competence shall comply with current law provisions.
++ The heads of the units under the Ministry shall reply in writing and guide the complainant to send the complaint to the competent agency, organization or unit for settlement.
++ For units under the Ministry that do not have their own seals, the heads of such units shall assume the prime responsibility for, and coordinate with, reporting to the Ministry leaders to assign the Ministry Inspectors to answer and guide individuals and organizations.
++ The instruction is done only once.
+ Complaints filed by leaders of the Party, State, Ethnic Council, other Committees and agencies of the National Assembly, agencies of the National Assembly Standing Committee, National Assembly deputies, National Assembly delegations, Member of the Government, Chief Justice of the Supreme People's Court, Chief Procurator of the Supreme People's Procuracy, State Auditor General, Office of the President, Central Office, Central Inspection Committee and other committees If the Party Central Committee, the central agency of socio-political organizations, socio-political organizations and professions move in, the person who handles the application shall submit it to the Ministry's leadership and send a written response.
+ For a complaint with the full names and signatures of more than one person; complaint form enclosed with original papers and documents;
+ A written complaint against a complaint settlement decision that has taken legal effect but shows signs of law violation; Complaints against administrative decisions that are likely to cause irreparable consequences shall be handled in accordance with current law.
Lê Nguyễn Cẩm Nhung
