Duties and Powers of the Inspector of the Government of Vietnam in Citizen Reception, Complaints, and Denunciations as Stipulated?
Duties and Powers of Inspectors of the Government of Vietnam in Handling Citizen Complaints and Accusations
According to Clause 6, Article 2 Decree 81/2023/ND-CP, the duties and powers of Inspectors of the Government of Vietnam regarding the handling of citizen complaints and accusations from December 1, 2023, are as follows:
- Organize the reception of citizens; receive and process complaints, accusations, recommendations, and feedback; resolve complaints and accusations in accordance with the law.
- Lead and cooperate with relevant agencies to perform the task of receiving citizens at the Central Citizen Reception Office.
- Monitor, inspect, and urge ministries, agencies under the Government of Vietnam, and People's Committees at all levels in receiving citizens and resolving complaints, and implementing decisions to resolve complaints.
- If it is found that the resolution of a complaint violates the law causing damage to the interests of the State, and the rights and legitimate interests of citizens, agencies, and organizations, then it may propose to the Prime Minister of the Government of Vietnam or propose to the competent authority to apply necessary measures to stop the violation, consider responsibilities, and handle the violator.
- Receive, classify, and propose solutions to accusations falling under the authority of the Prime Minister of the Government of Vietnam.
- Verify the contents of accusations, report the verification results, and propose measures to handle accusations under the jurisdiction of the Prime Minister of the Government of Vietnam when assigned.
- Review the resolution of accusations by Ministers, Heads of agencies at the same level, Heads of agencies under the Government of Vietnam, and Chairmen of Provincial People's Committees, which have been resolved but show signs of legal violations; if there is a basis for concluding that the resolution violates the law, propose to the Prime Minister of the Government of Vietnam to reconsider and resolve them.
- Establish, manage, and exploit the National Database on citizen reception, handling of petitions, and resolution of complaints, accusations, recommendations, and feedback.
Duties and Powers of Inspectors of the Government of Vietnam in Handling Citizen Complaints and Accusations
Regulations on Receiving Complaints, Accusations, Recommendations, and Feedback
According to Article 7 Circular 04/2021/TT-TTCP, regulations on receiving complaints, accusations, recommendations, and feedback are as follows:
- When a citizen presents directly and does not have a written complaint, the citizen reception officer shall guide the citizen to write a complaint, accusation, recommendation, or feedback letter, or fully and accurately record the content presented by the citizen; any unclear content should be requested for further clarification by the citizen, then read back to the citizen and request their signature or fingerprint acknowledgement on the document.
- If the citizen presents with a clear, specific, and identifiable complaint, accusation, recommendation, or feedback letter, and the competent authority can be determined, the citizen reception officer will guide the citizen to send the letter to the competent authority for consideration and resolution according to the law.
- If multiple people come to complain, accuse, recommend, or provide feedback on the same content, the citizen reception officer will guide them to appoint a representative to present the information; record the presentation, and request the representative's signature or fingerprint acknowledgment on the document.
- If a citizen presents multiple contents, including complaints, accusations, recommendations, and feedback, the citizen reception officer will guide the citizen to follow the legal procedures for each type of complaint, accusation, recommendation, or feedback.
- The process of receiving and recording the content of complaints, accusations, recommendations, and feedback, and guiding citizens in writing the complaints must be recorded in the Citizen Reception Book or entered into the citizen reception database software.
Acts of Corruption and Misconduct in Inspection, Supervision, and Auditing according to Regulation 131-QD-TW in 2023
Based on Article 4 of Regulation 131-QD/TW in 2023, acts of corruption and misconduct in inspection, supervision, party discipline enforcement, and audit activities include:
(1) Bribery, accepting bribery, bribery mediation, and purchasing people with responsibility, positions, authority, or related persons to reduce, avoid responsibility for violators.
(2) Providing, disclosing information, documents, and files of the inspected object to unauthorized organizations and individuals, especially information, documents, and files during the inspection, supervision, party discipline enforcement, or audit process.
(3) Accepting money, assets, other material benefits, non-material benefits, and participating in recreational activities of the inspected object or related persons.
(4) Exploiting personal relationships or using one's work position and reputation, or that of others, to impact, take advantage, and pressure the inspected object or related organizations and individuals for personal gain or other personal motives.
(5) Using internal or adverse information to conditionally or pressure the inspected object, authority, and responsibility in the inspection, supervision, and enforcement of party discipline, audit, or inspection for personal gain or other personal motives.
(6) Allowing family members to exploit the influence of their positions and authority to manipulate and interfere with inspection, supervision, party discipline enforcement, and audit activities.
(7) Insinuating personal intentions, setting criteria, conditions, reviews, and assessments in an imposing manner, misrepresenting the truth to benefit or disadvantage the inspected object.
(8) Confirming, reviewing, evaluating, concluding, and proposing false conclusions or falsifying case files, documents, essence of the inspected object violations.
(9) Negotiating conditions with the inspected object or related persons; not correctly implementing, not fully following regulations resulting in alteration or distortion of inspection, supervision, audit results and conclusions.
(10) Not proposing or transferring cases to competent authorities for legal processing when detecting crime signs; not proposing or directing, retrieving material assets or disciplining offenders within jurisdiction when conducting inspection, supervision, and auditing.
(11) Directing or providing false information, unpublished documents, or failing to follow conclusions and recommendations on inspection, supervision, party discipline enforcement, and auditing.
(12) Unfittingly meeting, contacting, and discussing with the inspected object; using verification materials for improper purposes.
(13) Covering up or abetting, delaying or not concluding, not handling, or improperly determining the content, nature, severity of violations or not reporting to competent authorities for handling as prescribed against offending organizations and individuals.
(14) Performing inspection, supervision, party discipline enforcement, auditing beyond authority; not following procedural norms, scope, object, content, time according to regulations. Obstructing, illegally interfering in inspection, supervision, party discipline enforcement, auditing.
(15) Disclosing state and professional secrets, harassing, causing difficulties, exhibiting imposing attitudes, disrespectful, and illegal interference in the activities of the inspected object.
(16) Not handling or not reporting to competent authorities for processing as prescribed upon receiving inspection-related information, complaints, and reports with identified bases.
(17) Exploiting positions, authority, one’s reputation, and family influence to hint, impact, pressure decision-makers, or advisors about improper inspection, supervision, party discipline enforcement, and audit conclusions.
(18) Influencing authority bears to unfairly benefit the inspected object, affecting state interests, organizational, and personal benefits.
(19) Directly or indirectly supporting the inspected object in avoiding or reducing liability.
(20) Not promptly replacing inspection, supervision, party discipline enforcement, audit team members upon substantiated bias or lack of objectivity; not promptly directing and resolving team difficulties.
(21) Not promptly inspecting organizations, authorities, units, and individuals with violation signs, complaint, and denunciation records deemed reliable.
(22) Other acts of corruption and misconduct according to Communist Party and legal regulations.
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