Process of reception of citizen of the Ministry of Culture, Sports, and Tourism in Vietnam

Process of reception of citizen of the Ministry of Culture, Sports, and Tourism in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

Process of reception of citizen of the Ministry of Culture, Sports, and Tourism in Vietnam

(1) Identifying the identity of the complainant, accuser, petitioner, or reporter

- When receiving the complainant, the person receiving the citizen requires them to clearly state their full name, address, and present identification papers, letters of introduction, and letters of authorization (if any).

- When receiving accusers, petitioners, or complainers, the person receiving citizens requires the accuser, petitioner, or complainer to clearly state their full name, address, and present identification documents.

During the process of receiving the accuser, the person receiving the citizen must keep the accuser's full name, address, and autograph confidential according to the provisions of the law on denunciation.

(2) Determining the legality of the representative, authorized person, lawyer, or legal assistant

- In the event that an agency or organization makes a complaint through a representative who is the head of the agency or organization, the citizen receptionist requires the representative to present a letter of introduction and identification documents.

In cases where the head of an agency or organization authorizes a representative according to the provisions of law to make a complaint, the citizen receptionist requests that the authorized person present the authorizing person's identification documents and power of attorney.

- In case the person presenting the complaint is the representative or authorized person of the complainant, as prescribed in Point a of Clause 1, Article 12 of the Law on Complaints, the person receiving the complaint is required to present documents proving legal representation, authorization, or other relevant documents.

In the event that the person presenting is a representative or legally authorized person, the person receiving the citizen will carry out the following procedures for the complainant:.

- In the event that the complainant authorizes a lawyer or legal assistant to make the complaint, the citizen receptionist requests that the lawyer or legal assistant present the lawyer's card, the legal assistant's card, and the complaint authorization letter.

- In cases where a citizen does not have a power of attorney or the authorization does not comply with the provisions of Points a and b, Clause 1, Article 12 of the Law on Complaints, the person receiving the citizen does not receive the case file and clearly explains the reason, instructing the citizen to follow the necessary procedures to make the complaint in accordance with regulations.

(3) Receiving and initially processing complaints, accusations, petitions, and reflections:

- When citizens come to present their case directly without a formal letter, the citizen reception officer guides them to write a complaint, accusation, petition, or reflection or takes complete, honest, and accurate notes of the citizen's presentation. Any unclear content is requested to be clarified by the citizen, then read back to the citizen, who is then requested to sign or mark confirmation on the document.

- In cases where citizens present a specific and clear letter with the identifiable nature of the case and the competent authority to resolve it, the citizen reception officer guides the citizen to send the letter to the competent authority for consideration and resolution according to the regulations of the law.

- In cases where multiple individuals present complaints, accusations, petitions, and reflections regarding the same content, the citizen reception officer guides them to appoint a representative to present the case. The officer records the content of the presentation and requests that the representative sign or mark confirmation on the document.

- In cases where citizens present multiple contents, including both complaints and accusations, petitions, and reflections, the citizen reception officer guides the citizen to follow the regulations of the law to file complaints, accusations, petitions, and reflections.

- The reception and recording of complaint, accusation, petition, and reflection content, as well as guiding citizens to write formal letters, must be recorded in the Citizen Reception Logbook or entered into the citizen reception database software.

(4) Classifying and processing complaints, accusations, petitions, and reflections:

- The classification and processing of complaint, accusation, petition, and reflection content are based on the recorded content or formal letters of citizens and carried out according to the regulations in Articles 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, and 27 of Circular 05/2021/TT-TTCP.

- If the content presented does not fall within the jurisdiction of the receiving agency or unit, the citizen reception officer guides the citizen to send the formal letter to the competent authority for resolution.

If the content falls within the jurisdiction of the receiving agency or unit, the citizen reception officer receives the information and documents to report to the competent authority. If the citizen provides relevant information, documents, and evidence related to the complaint, accusation, petition, and reflection, the officer considers accepting those information, documents, and evidence. The acceptance of information, documents, and evidence is carried out through a receipt in accordance with Form 02 issued together with the regulations in Decision 142/QD-BVHTTDL in 2024.

(Chapter II of the regulations issued together with Decision 142/QD-BVHTTDL in 2024)

Ho Quoc Tuan

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