Vietnam: What is the schedule for receiving citizens of the Supreme People's Procuracy? In what 6 cases will the Supreme People's Procuracy refuse to receive citizens?
- What is the schedule for receiving citizens of the Supreme People's Procuracy in Vietnam?
- In what 6 cases will the Supreme People's Procuracy in Vietnam refuse to receive citizens?
- What are the rights and obligations of citizens making complaints, denunciations, petitions, and reflections at the Supreme People's Procuracy in Vietnam?
What is the schedule for receiving citizens of the Supreme People's Procuracy in Vietnam?
The time for receiving citizens of the Supreme People's Procuracy in Vietnam is specified in Section 1 of the Rules for receiving citizens issued together with Decision 242/QĐ-VKSTC in 2021 as follows:
- The reception of citizens making complaints, denunciations, petitions, and reflections; the submission of complaint forms, denunciation forms, petition forms, and reflection forms is conducted at the headquarter of the Supreme People's Procuracy, No. 09 Pham Van Bach, Yen Hoa Ward, Cau Giay District, Hanoi.
- The Supreme People's Procuracy receives citizens regularly on working days of each week (except for holidays, Tet, or other specific cases of temporary suspension of receiving citizens). The specific time is as follows:
+ Morning: From 08:00 to 11:30.
+ Afternoon: From 13:30 to 16:00.
- The time of the unexpected reception of citizens for complex and urgent cases shall be decided by the Director of the Supreme People's Procuracy.
- The reception of citizens shall be conducted according to the schedule of receiving citizens of the Supreme People's Procuracy, in case of failure to comply with the schedule of receiving citizens, the Supreme People's Procuracy shall post a written notice of reason at the place of receiving citizens.
In what 6 cases will the Supreme People's Procuracy in Vietnam refuse to receive citizens?
Pursuant to Section 4 of the Rules for receiving citizens of the Supreme People's Procuracy issued together with Decision 242/QĐ-VKSTC in 2021 on cases of refusal to receive citizens as follows:
(1) A citizen who is in a state of inability to control his/her behavior due to substance use, who suffers from a mental illness or another illness that results in the loss or limitation of his/her ability to control his/her behavior in accordance with civil law.
(2) A citizen who commits acts of threatening or insulting agencies, organizations, persons receiving citizens, or duty executors.
(3) A citizen who makes complaints or denunciations against cases that have properly settled policies and laws, have been examined, reviewed, and notified in writing by competent state agencies, and have been received, explained, and instructed but still deliberately make complaints or denunciations prolonged.
(4) A citizen who makes complaints, petitions, and reflections in one of the following cases:
- The complained judgment, procedural decision, or procedural act is not directly related to the legitimate rights and interests of the complainant (except for the cases specified in Clause 2, Article 327 of the Code of Civil Procedure and Clause 2, Article 256 of the Law on Administrative Procedure);
- Unlawful representative or authorization;
- The statute of limitations for complaints, the time limit for further complaints has expired without a good reason;
(5) A citizen abuses the rights to freedom of democracy and belief to entice or incite others in order to cause trouble, distort and defame to the State's guidelines, policies, laws, and legitimate rights and interests of organizations and individuals.
(6) Other cases as prescribed by law.
What are the rights and obligations of citizens making complaints, denunciations, petitions, and reflections at the Supreme People's Procuracy in Vietnam?
Pursuant to Section 2 of the Regulation on citizen reception of the Supreme People's Procuracy promulgated together with Decision 242/QD-VKSTC in 2021, the rights and obligations of citizens making complaints, denunciations, petitions, and reflections at the Supreme People's Procuracy in Vietnam are:
- Present identification documents; introduction letter, and power of attorney (if any);
- Have a proper attitude, respect and follow the instructions of the person receiving citizens and security guards.
- Citizens shall be received in the order; briefly and honestly present the facts and clearly state the requirements; provide information and documents related to the contents of complaints, denunciations, petitions, and reflections to citizen receptions; take responsibility before law for the contents of their complaints, denunciations, petitions, and reflections.
- Be guided and explained on the exercise of rights and procedures related to complaints, denunciations, petitions, and reflections.
- Maintain order and general hygiene; must not take advantage of the right to make complaints, denunciations, petitions and reflections to distort, slander, incite, disrupt order, obstruct or offend the reputation and honor of State agencies or persons receiving citizens; duty executors.
- Do not arbitrarily use audio or video recording devices without the permission of the person in charge of receiving citizens.
- In case citizens protests according to cassation procedures or reopening procedures, they must make an application form according to the prescribed form. The application form for first cassation procedures must be enclosed with a judgment or decision that is valid for a period of one year (except for cases where the time limit is over one year with a legitimate reason) and other relevant documents and evidence (if any). In case citizens submit the application form on behalf of others, the power of attorney must be attached (except for the case specified in Clause 2, Article 327 of the Civil Procedure Code and Clause 2, Article 256 of the Law on Administrative Procedures).
- Do not interfere, attend or listen to others' complaints, denunciations, petitions, and reflections. In case many citizens make the same complaint, denunciation, petition, and reflection on a content (two or more), a representative must be appointed to present; The number of representatives will be decided by the person in charge of receiving citizens.
- At the end of working hours, citizens who come to make complaints, denunciations, petitions, and reflections are not allowed to stay in the place for receiving citizens of the Supreme People's Procuracy.
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