According to the law in Vietnam, can the unit responsible for receiving citizens refuse when citizens come to complain while drunk?

According to the law in Vietnam, can the unit responsible for receiving citizens refuse when citizens come to complain while drunk? What are the fines for the act of drinking alcohol and causing a disturbance at the reception office in Vietnam? Does the People's Committee at the commune level in Vietnam have a reception unit?

The other day, I went to the agency to submit a complaint and saw a drunk person. That person had a grudge, so he came to the agency to submit a complaint after drinking. The staffs saw that the person was drunk, so they refused to meet the person. Can you tell me if the behavior of the staff is correct? Thank you!

Thank you!

According to the law in Vietnam, can the unit responsible for receiving citizens refuse when citizens come to complain while drunk?

Pursuant to Article 9 of the Law on Reception of Citizens in 2013 stipulating cases of refusal of citizen reception as follows:

A citizen reception officer may refuse to receive a person at a citizen reception place when:

1. That person is drunk due to the use of stimulants or suffers a mental illness or another disease which deprives him/her of the capacity to perceive or control his/her acts.

2. That person intimidates or offends the citizen reception agency, organization, unit or officer or other officials on duty, or violates the rules of the citizen reception place.

3. That person makes a complaint or denunciation about a case which has been settled properly in accordance with policies and law and examined, reviewed and notified in writing by competent state agencies and he/she has been received and provided with explanations and instructions but deliberately makes the complaint or denunciation to prolong the case.

4. Other cases as prescribed by law.

According to Article 4 of Circular 04/2021/TT-TTCP stipulating as follows:

In the cases specified in Clause 1 and Clause 2 of Article 9 of the Law on Receiving Citizens.

In the cases specified in Clause 3 of Article 9 of the Law on Receiving Citizens, the head of the agency or unit responsible for receiving citizens shall issue a Notice of Refusal to Receive Citizens. The notice shall be in accordance with Form 01 attached to this Circular.

In the case of a citizen who is in a state of intoxication or under the influence of drugs that affect their ability to communicate and express their views, the staff responsible for receiving citizens may refuse to receive the citizen. The staff must explain the reason for the refusal to the citizen and report to the head of the agency or unit responsible for receiving citizens.

According to the law in Vietnam, can the unit responsible for receiving citizens refuse when citizens come to complain while drunk? - Source: Internet

What are the fines for the act of drinking alcohol and causing a disturbance at the reception office in Vietnam?

Pursuant to Clause 4.d Article 7 of the Decree 144/2021/NĐ-CP stipulating violations against regulations on public order as follows:

4. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for any of the following violations:

d) Disrupting or obstructing normal operation of an organization;

Pursuant to Article 4 of the Decree 144/2021/NĐ-CP stipulating as follows:

2. The fines specified in Chapter II of this Decree are imposed upon administrative violations committed by individuals. The fine imposed upon an organization for the same violation shall be twice the fine imposed upon an individual.

Therefore, when a citizen commits an act of disturbing order at the reception office, they will be subject to an administrative fine of from VND 3,000,000 to VND 5,000,000 for individuals, and from VND 6,000,000 to VND 10,000,000 for organizations for this violation.

Does the People's Committee at the commune level in Vietnam have a reception unit?

Pursuant to Article 15 of the Law on Reception of Citizens in 2013 stipulating citizen reception in communes, wards and townships as follows:

1. Citizen reception by the Party Committees, People’s Councils and People’s Committees of communes, wards or townships shall be conducted at the offices of the People’s Committees of communes, wards or townships (below referred to as commune-level People’s Committees).

2. The commune-level People’s Committee chairperson shall personally manage citizen reception work at the commune level and perform the following tasks:

a/ To issue rules on citizen reception;

b/ To arrange a convenient place and other necessary conditions for receiving citizens at the office of the commune-level People’s Committee;

c/ To appoint citizen reception officers;

d/ To receive in person citizens at the office of the commune-level People’s Committee office at least 1 day a week and irregularly receive citizens in the cases specified in Clause 3, Article 18 of this Law;

dd/ To closely coordinate with related agencies, organizations and units in receiving citizens and handling cases involving many people making complaints, denunciations, petitions or reports on the same matter; to ensure safety and order for citizen reception activities;

e/ To review the situation and results of citizen reception work and periodically and irregularly report thereon to competent agencies and organizations.

According to the above regulations, the People's Committee at the commune level receives people at the headquarters, so people can complain, denounce, petition, and reflect here.

Best regards!

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