Cases of refusal of citizen reception in Vietnam

Hi Lawnet. Are there any cases of refusal of citizen reception in Vietnam? - Thu Minh (Kien Giang, Vietnam)


Cases of refusal of citizen reception in Vietnam (Source: Internet)

1. What is citizen reception?

According to Clause 1, Article 2 of the Law on Reception of Citizens 2013, citizen reception means the reception by an agency or organization or a unit or person provided in Article 4 of Law on Reception of Citizens 2013 of a citizen to listen to and receive his/her complaint, denunciation, petition or report and gives him/her explanations and instructions on making complaints, denunciations, petitions or reports in accordance with law.

2. Cases of refusal of citizen reception in Vietnam

Specifically, in Article 9 of the Law on Reception of Citizens 2013, a citizen reception officer may refuse to receive a person at a citizen reception place when:

- 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.

- 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.

- 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.

- Other cases as prescribed by law.

3. Responsibilities of a citizen reception officer in Vietnam

When carrying out citizen reception activities, the responsibilities of a citizen reception officer are as follows

- When receiving citizens, to be properly dressed and wear the civil servant or public employee card or badge under regulations.

- To request persons making complaints, denunciations, petitions or reports to state their full names and addresses or produce their personal identity papers and letters of authorization (if any); clearly present their complaints, denunciations, petitions or reports in writing or verbally; and provide information and documents necessary for receiving and processing the matter.

- To show proper attitude toward and respect for citizens, to listen to and receive written complaints, denunciations, petitions or reports, or fully and precisely record the contents of the presented complaints, denunciations, petitions or reports.

- To give explanations and instructions for persons making complaints, denunciations, petitions or reports to observe guidelines, policies, laws, conclusions and legally effective settlement decisions of competent agencies; to refer persons making complaints, denunciations, petitions or reports to agencies or persons competent to settle their complaints, denunciations, petitions or reports.

- To directly process or classify, forward or submit to competent persons for settlement complaints, denunciations, petitions or reports; to notify results of settlement of complaints, denunciations, petitions or reports to citizens.

- To request violators of the rules of the citizen reception place to terminate their violations; when necessary, to make records of violations and request functional agencies to handle violations in accordance with law.

(Article 8 of Law on Reception of Citizens 2013)

4. Prohibited acts regarding citizen reception in Vietnam

Prohibited acts in citizen reception activities are specified in Article 6 of the Law on Reception of Citizens 2013, specifically as follows:

- Harassing, troubling or obstructing persons making complaints, denunciations, petitions or reports.

- Showing irresponsibility in receiving citizens; losing or distorting information or documents provided by persons making complaints, denunciations, petitions or reports.

- Showing discrimination when receiving citizens.

- Taking advantage of the rights to complain, denounce, petition and report in order to cause public disorder.

- Distorting or slandering, causing damage to agencies, organizations, units or individuals.

- Intimidating or offending citizen reception agencies, organizations, units or officers or other officials on duty.

- Inciting, forcing, inducing, dragging or bribing others to crowd at citizen reception places.

- Violating other rules and regulations on citizen reception.

 Thanh Rin

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