Procedure for Handling Complaints in Accordance with the Regulations of the Ministry of Transport

Complaint Handling Process as per the Regulations of the Ministry of Transport (Illustrative Image)

Article 10 of Circular 39/2014/TT-BGTVT prescribes the complaint handling process as follows:

- The agency or unit designated to handle complaints is the main body responsible for receiving petitions as prescribed at points a and b, Clause 1, Article 8 of this Circular.

- The resolved complaints are those not falling under the cases stipulated in Clause 3 of this Article. The designated handling agency must report to the competent authority for a decision on whether to handle the complaint within 10 days; in complex cases, this period may be extended but must not exceed 15 days from the date of receiving the complaint.

- The agency or unit handling the complaint must notify the complainant of the decision not to handle the complaint in the following cases:

- Complaints about a case already resolved by the competent authority, where the complainant does not provide new information or circumstances;- Complaints about a case where the content and information provided by the complainant do not have a basis to identify the violator or the illegal act;- Complaints about a case where the competent authority does not have the conditions to inspect or verify the illegal act or the violator.

- For complaints outside the jurisdiction of the receiving agency or not falling under the cases stipulated at point a, Clause 3 of this Article, the complaint and any related documents and evidence must be transferred to the competent authority within 05 days from the date of receipt, and the complainant must be notified.

- Complaints within the jurisdiction of a lower-level agency but not resolved within the timeframe specified by the Law on Complaints must be addressed by the head of the upper-level agency. A written request must be sent to the responsible person for resolving the complaint, explaining the delay, and taking measures to address the failure of the responsible person.

- Complaints about criminal acts must be referred to the Police and the Procuracy for handling according to the regulations.

- Anonymous complaints about corruption with clear content, specific evidence, and a basis for verification shall be researched and referenced by competent agencies, organizations, or individuals to aid anti-corruption efforts as stipulated by anti-corruption laws.

- The handling, transferring of complaints, and responses must follow the template provided by the Government Inspectorate. Transferring complaints and responding to them, as stipulated in this Article, shall be done only once for each case.

More details can be found in Circular 39/2014/TT-BGTVT, effective from November 1, 2014.

Thuy Tram

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