Solving complex complaints and denunciations with many participants in Vietnam

The receipt and handling of complex complaints, denunciations, recommendations and reflections with many participants are detailed in Circular 98/2021/TT-BCA of Vietnam dated October 20, 2021.

Solving complex complaints and denunciations with many participants in Vietnam 

**In the case of many people making complaints, denunciations, recommendations, and reflections

(1) When there are many people making the same complaint, denunciation, petition or reflection on a content at the citizen reception place, the citizen reception officer shall request these persons to appoint a representative to present the complaint, denounce, recommend and report to the citizen reception officer (hereinafter referred to as the representative).

Note:

- In case there are from 05 to 10 people, 01 or 02 representatives shall be appointed;

- In case there are more than 10 people, they can appoint more representatives, but not more than 05 people.

- The representative must be the complainant, denouncer, petitioner, and reflector.

- The appointment of a representative must be shown in writing with the signatures of all complainants, denunciators, petitions and counter-criminals.

The representative must take responsibility before the law for the legitimacy of the representation and the document appointing the representative.

(2) In case many people come together to make complaints, denunciations, petitions or feedbacks on different contents, the citizen reception officer will receive each person in turn according to each complaint, denunciation, recommendation, citizen reflection.

** In the case of complex complaints, denunciations, petitions and reflections

(1) When there is a complicated complaint, denunciation, petition or complaint with many participants causing insecurity and disorder at the citizen reception place, the citizen receiving officer must:

- Quickly grasp the situation, basic contents of the case, relevant information, documents, evidences and requests of complainants, denunciations, recommendations and reflections;

- Report and seek the direction of the head of the unit directly managing to request the police of the unit and locality (where the citizen reception is located) to coordinate in ensuring security and order;

- Handling of violators;

- Organize reception of citizens according to regulations.

(2) In case of complicated complaints, denunciations, petitions and reflections involving many participants, which have been resolved by competent authorities in accordance with the law of Vietnam, but citizens still complain, denounce and petition. If the complaint is reported to a higher level, the citizen-receiving officer is responsible for reporting to the head of the unit directly managing it to request the police station of the unit or locality where it has previous jurisdiction or where citizens have complaints, denunciations, petitions and complaints shall be dispatched to coordinate with or mobilize and persuade citizens to return to settle at the previously settled units.

(3) When receiving a request from the head of the police department of the unit or locality competent to receive citizens, the head of the police department of the proposed unit or locality shall appoint officers to coordinate in implementation of the law.

Process of receiving citizens in Vietnam

1. When citizens come to make complaints, denunciations, petitions and complaints, the citizen reception officers are responsible for receiving citizens according to regulations, except for the schools specified in Article 9 of the Law on Reception of Citizen; ask citizens to state their full name, address or present identification documents (if any); if being an authorized person, the legal representative must have legal papers as prescribed.

2. Explain the rights and obligations of citizens when making complaints, denunciations, petitions and reflections and request citizens to provide information, documents and evidences to the police authorities in accordance with regulations under the law of Vietnam. 

3. In case citizens come to make complaints, denunciations, petitions and reports without having filed complaints, denunciations, recommendations or feedbacks, the citizen-receiving officers shall guide the writing of applications. In case citizens are unable to write their own applications, the citizen reception officers shall fully and accurately record the contents of complaints, denunciations, recommendations and reflections in writing and request the citizens to sign for certification or fingerprints.

If the content presented is not clear and complete, the citizen reception officer shall request the citizen to come to lodge a complaint, denunciation, petition, reflect, present additional information or provide additional information, documents and evidence to prove.

4. In case the contents of complaints, denunciations, recommendations and reflections fall under the handling competence and responsibility of many different agencies, organizations and units, the citizen reception officer shall guide the citizens to write a written application. separately sent to the correct agency, organization or unit for settlement according to the provisions of the law of Vietnam

5. In case of complaints, denunciations, petitions and reflections fall under the settlement competence of the heads of the same level, the citizen reception officers shall receive the petitions and relevant information, documents and evidences for handling according to regulations of the Law.

6. In case of complaints, denunciations, petitions and reflections are not within the settlement competence of the heads of the same level, the citizen reception officers shall guide citizens to send complaints, denunciations, recommendations and feedbacks to competent agencies and persons to deal with them according to the provisions of law (except for denunciations, information on crimes, and petitions for prosecution).

7. In case of complaints, denunciations, petitions and reflections fall under the settlement competence of the heads of immediate subordinates but have not yet been settled beyond the prescribed time limit, the citizen reception officers shall receive the petitions and report to the head of the same level for settlement or request the head of a competent agency or unit to settle.

8. When receiving applications and information, documents and evidences related to the contents of complaints, denunciations, recommendations and reflections, citizen reception officers must check the validity of such information and documents and evidence and must make a receipt on the receipt, signed by the receiving officer. The receipt is made in two copies, and one copy is given to the person who comes to complain, denounce, petition or reflect.

9. After receiving the application and the information, documents and evidence provided by the complainant, denunciation, petition or reflection, the citizen reception officer must record it in the citizen reception book or update it into database system.

Bao Ngoc

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