Contents, forms of and requirements on feedback and proposals in Vietnam

Contents, forms of and requirements on feedback and proposals in Vietnam (Internet image)

1. What are feedback and proposal?

According to Clauses 4 and 5, Article 3 of Decree 20/2008/ND-CP:

- Feedback means an opinion given by an individual or organization to a state administrative agency on matters related to administrative regulations, including:

Specific problems in the implementation, matters which are illegal, unreasonable or inconsistent with the Vietnamese legal system or treaties which Vietnam has signed or acceded to and other matters.

- Proposal means feedback given by an individual or organization to state administrative agencies above together with a proposed solution or initiative on a new administrative regulation related to business activity or peoples life.

2. Contents of feedback and proposals in Vietnam

According to Article 5 of Decree 20/2008/ND-CP (amended by Decree 92/2017/ND-CP), the contents of feedback and proposals include

- Specific problems in the implementation of administrative regulations caused by state administrative agencies, cadres or public employees delay or troubling of the implementation or improper implementation of administrative regulations or failure to implement these regulations.

- Impracticality of administrative regulations.

- Inconsistency of administrative regulations.

- Unlawfulness of administrative regulations.

- Non-conformity of administrative regulations with international treaties which Vietnam has signed or acceded to.

- Other matters related to administrative regulations.

- Plans to handle feedback on the contents specified in Clauses 1, 2, 3, 4, 5 and 6 of Article 5 of Decree 20/2008/ND-CP.

- Initiatives on new administrative regulations related to business activity or peoples life.

3. Forms of feedback and proposal in Vietnam

According to Article 6 of Decree 20/2008/ND-CP (amended by Decree 92/2017/ND-CP), individuals and organizations may give their feedback and proposals on administrative regulations in one of the following forms:

- In writing.

- By telephone.

- Through opinion poll.

- Data messages sent by email to the receiving agency, through web portals of ministries or local authorities or through the information system

4. Requirements on feedback and proposals in Vietnam

Pursuant to Article 7 of Decree 20/2008/ND-CP (amended by Decree 92/2017/ND-CP), the requirements on feedback and proposals are specified as follows:

4.1 Requirements on written feedback and proposals

- Individuals and organizations may send their written feedback and proposals by one of the following modes:

+ Personally bringing them to receiving agencies:

+ By post;

+ Sending data messages through the computer network (e-mails, through websites or electronic portals).

- Being in Vietnamese.

- Having clear contents.

- Showing the name, address and telephone number (or addresses for contact when necessary) of the individual or organization giving the feedback or proposal.

4.2. Requirements on feedback and proposals received by telephone

- Feedback and proposals must be reflected through specialized telephone numbers already publicized.

- Being in Vietnamese.

- Having clear contents.

- Showing the name, address and telephone number (or addresses for contact when necessary) of the individual or organization giving the opinion or proposal.

- Cadres or public employees receiving the feedback or proposal must honestly write it down.

4.3. Requirements on feedback and proposals collected through opinion poll

- Opinion poll is used only when administrative state agencies want to consult individuals and organizations on specific administrative regulations.

- Opinion sheets may be sent to individuals and organizations by one or more than one of the following modes:

Sending of official letters for opinions;

Collection of opinions through the mass media;

Sending of electronic messages through the computer network (e-mails, collection of public opinions through websites or electronic portals).

- Being in Vietnamese.

- Opinion sheets must clearly indicate matters on which opinions are sought.

4.4 Requirements on comments and feedback in the form of data messages

Requirements on comments and feedback in the form of data messages sent to email of the receiving agency, through web portals of ministries or local authorities or through the information system for receiving and handling comments and feedback:

- Comments and feedback must be sent to the right email addresses, website addresses of ministries or local authorities or email addresses of the information system published by the receiving agency.

- Vietnamese language; and Unicode font (under TCVN 6909:200) must be used.

- Contents of the comment or feedback must be clearly presented.

- Name, address, phone number, email or postal address of the individual or organization giving comment or feedback must be specified.

- Files in appropriate format must be attached as required by the information system.

5. Agencies receiving feedback and proposals in Vietnam

Agencies receiving feedback and proposals include:

- The Ministry of Justice shall assist the Government and the Prime Minister in receiving individuals and organizations feedback and proposals on administrative regulations falling under the management of the Government, the Prime Minister and agencies within the state administrative system.

- Minister- Chairperson of the Government Office shall assist ministers or heads of ministerial-level agencies in receiving individuals and organizations feedback and proposals on administrative regulations falling under the management of ministries or ministerial-level agencies.

- The Government Office, Ministerial-level agencies shall assist their Peoples Committees (below referred to as provincial-level Peoples Committees) and presidents in receiving individuals and organizations feedback and proposals on administrative regulations falling under the management of provincial-level Peoples Committees and their presidents.

- For feedback and proposals collected via opinion poll, they shall be sent to state administrative agencies that organize opinion polls.

(Article 8 of Decree 20/2008/ND-CP (amended by Decree 48/2013/ND-CP))

Van Trong

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