Authority and responsibility of leaders of the Ministry of Home Affairs in handling complaints and denunciations in Vietnam

Authority and responsibility of leaders of the Ministry of Home Affairs in handling complaints and denunciations in Vietnam (Internet image) 

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Authority and responsibility of leaders of the Ministry of Home Affairs in handling complaints and denunciations in Vietnam

1. Authority of the Minister of Home Affairs to settle complaints and denunciations in Vietnam

According to Article 5 of the Regulation on citizen reception, settlement of complaints, denunciations, recommendations and feedbacks issued by the Ministry of Home Affairs together with Decision 456/QD-BNV in 2023, stipulating the competence of the Minister of Home Affairs:

Regarding complaint handling

- Settlement of first-time complaints for:

+ Administrative decisions and administrative acts of themselves and of civil servants under their direct management.

+ Disciplinary decisions issued by themselves.

- Settlement of second-time complaints about decisions that have been settled for the first time but still have complaints or first-time complaints that have expired but have not yet been resolved, including:

+ Administrative decisions, administrative acts, and disciplinary decisions of the heads of units under the Ministry of Home Affairs.

+ Administrative decisions and administrative acts of ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairmen of provincial-level People's Committees with contents falling under the state management competence of the Ministry of Home Affairs

+ Complaints about administrative decisions and administrative acts of public non-business units established by the Prime Minister's decision, with contents falling under the State management competence of the Ministry of Home Affairs.

- Settling disputes about the competence to settle complaints between units under and under the Ministry of Home Affairs.

- Proposing the competent person to re-settle the complaint case or report it to the Prime Minister when detecting that the complaint settlement violates the law, causing damage to the interests of the State, the rights and interests of the government, and the legitimate interests of agencies, organizations, or citizens, or there are new circumstances that change the contents of the complaint case.

- Assuming the prime responsibility for and participating in the settlement of, or considering, concluding, and proposing the settlement of complaints under the direction of the Prime Minister.

- Settling complaints in other cases when assigned by competent authorities and in accordance with law.

Regarding handling denunciations

- Settlement of denunciations of violations of the law in the performance of duties and public duties

+ Settling denunciations of violations of law in the performance of tasks and official duties by heads and deputy heads of units under or under the Ministry of Home Affairs; of civil servants, public employees, and employees appointed and directly managed by the Minister of Home Affairs.

+ For civil servants, public employees, and employees under the management competence of many agencies and organizations, including the Ministry of Home Affairs, the Minister has the authority to:

* Assuming the prime responsibility for settling denunciations of violations against the law in the performance of tasks and official duties by civil servants, public employees, and employees under their direct management.

* Coordinating the settlement of denunciations of violations against the law in the performance of tasks and official duties by civil servants, public employees, and employees under the direct management of other agencies or organizations.

- Settlement of denunciations of violations of the law in the performance of tasks and official duties by units under and under the Ministry of Home Affairs.

- Settlement of denunciations about violations of the law in the fields under the state management function of the Ministry of Home Affairs.

+ Settling denunciations of illegal acts of agencies, organizations, and individuals whose contents are related to the state management function of the Ministry of Home Affairs.

+ Coordinating with functional agencies to settle or report to the Prime Minister for decision on denunciations related to the state management functions of many agencies.

- Settlement of denunciations if the Ministry of Home Affairs is the first denunciation-accepting agency for denunciations with contents falling under the handling competence of many agencies and organizations, including the Ministry of Home Affairs.
(in cases of denunciation of violations of the law on state management in many fields).

- Considering, handling, and settling further denunciation cases specified in Clause 2, Article 37 of the Law on Denunciations, for denunciations falling under the handling competence of heads of units under and under the Ministry of Home Affairs (in case of denunciation of violations committed by civil servants, public employees, or employees in the performance of their duties or public duties).

- Settlement of denunciations of violations of the law in the performance of duties and public duties by civil servants, public employees, and employees during the previous working period at the Ministry of Home Affairs who have changed jobs or are no longer civil servants, public employees, or employees, the handling shall be as follows:

+ Assuming the prime responsibility for, and coordinating with heads of agencies or organizations directly superior to, of agencies or organizations currently managing the denounced person in handling denunciations in cases where the denounced person is the head or deputy of the head of an affiliated unit or affiliated unit who has moved to another agency or organization but still holds an equivalent position.

+ Assuming the prime responsibility for, and coordinating with heads of relevant agencies and organizations in,
  for cases where there are no more civil servants, public employees, or employees of units under or under the Ministry but commit acts or violate the law at the time of their working.

+ Coordinate with the head of the agency or organization directly superior to the agency or organization currently managing the denounced person to settle the denunciation in case the denounced person is a civil servant or employee of a unit under or under the Ministry who has transferred to another agency or organization and holds a higher position, or the denounced person has transferred to another agency or organization and is the head or deputy head of that agency or organization.

- To settle denunciations in other cases when assigned by competent authorities and in accordance with the law.

2. Responsibilities of the Minister of Home Affairs in settlement of complaints and denunciations in Vietnam

The responsibilities of the Minister of Home Affairs are specified in Article 6 of the Regulation on citizen reception, settlement of complaints, denunciations, recommendations, and feedbacks issued by the Ministry of Home Affairs issued together with Decision 456/QD-BNV in 2023 as follows:

Regarding citizen reception

- Receiving citizens periodically according to the provisions of Clause 2, Article 18 of the Law on Citizen Reception and Clause 2, Article 4 of Decree 64/2014/ND-CP;

Unscheduled reception of citizens as prescribed in Clause 3, Article 18 of the Law on Citizen Reception, Clause 3, Article 4 of Decree 64/2014/ND-CP.

The minister's periodic citizen reception is on the second Wednesday of every month. If the Minister's regular citizen reception day falls on a holiday or public holiday, it shall be done on the next working day. In case the Minister cannot directly meet the citizen according to the announced schedule for objective reasons, he can postpone the meeting date to another time.

- When receiving citizens, the Minister or assigned person shall comply with the provisions of Article 8, Clause 4, Article 18 of the Law on Citizen Reception, Clause 4, Article 4 of Decree 64/2014/ND-CP, and Article 9 of Circular 04 2021/TT-TTCP.

Regarding handling complaints, denunciations, recommendations, and feedbacks

- Transfering complaints, denunciations, petitions, and feedbacks to individuals or units under and under the Ministry according to their functions and tasks in case the Minister receives complaints, denunciations, petitions, and feedbacks.

- Assigning Deputy Ministers and direct units under and under the Ministry of Home Affairs to handle complaints, denunciations, petitions, and feedbacks in accordance with law.

Regarding complaint handling

- Accepting the settlement and notifying the complainant according to the provisions of Articles 27, 36, and 50 of the Law on Complaints, Article 16 of Decree 124/2020/ND-CP.

- Re-examining administrative decisions, administrative acts, and decisions on disciplinary measures against their own public servants and public employees, those of responsible persons under their direct management, according to the provisions of Point a, Clause 1, Article 29, Clause 1, Article 52 of the Law on Complaints, and Article 17 of Decree 124/2020/ND-CP.

- Carrying out verification or assigning the Ministry Inspector or the individual, unit under the Ministry to be responsible for verifying the content of the complaint or petition for settlement of the complaint according to the provisions of Point b, Clause 1, Clause 2, Article 29, Article 38, Clause 2, Article 52 of the Law on Complaints, and Article 17 of Decree 124/2020/ND-CP.

- Organizing dialogues according to the provisions of Articles 30, 39, and 53 of the Law on Complaints, Article 28 of Decree 124/2020/ND-CP.

- Issuing the decision to settle the first-time complaint as prescribed in Articles 31 and 54 of the Law on Complaints; deciding on the second-time complaint settlement according to the provisions of Articles 40 and 56 of the Law on Complaints.

- Sending the complaint settlement decision as prescribed in Article 32, Clause 1, Article 41, Clause 2, Article 54, Clause 2, Article 56 of the Law on Complaints, Clause 2 of Article 29 of Decree 124/2020/ND-CP.

- Publicizing the complaint settlement decision as prescribed in Clauses 2 and 3, Article 41 of the Law on Complaints, Clause 3 of Article 29 of Decree 124/2020/ND-CP.

- Other contents as prescribed by law.

Regarding handling denunciations

- Receiving and handling denunciations and denunciation information according to the provisions of Articles 23, 24, 25, 26 of the Law on Denunciations, Article 20 of Decree 31/2019/ND-CP, Clause 2 of Article 6 of the Regulation on citizen reception, settlement of complaints, denunciations, recommendations, and feedbacks issued by the Ministry of Home Affairs together with Decision 456/QD-BNV.

- Conducting verification or assigning the Inspector of the Ministry or units and individuals under the Ministry of Home Affairs to be responsible for verifying the denunciation contents according to the provisions of Article 31 of the Law on Denunciations, Article 10 of Decree 31/2019/ND-CP.

- Conclusion of denunciation contents as prescribed in Article 35 of the Law on Denunciations, Article 17 of Decree 31/2019/ND-CP.

- Handling denunciation conclusions according to the provisions of Article 36 of the Law on Denunciations, Article 18 of Decree 31/2019/ND-CP.

- Submitting a conclusion on the denunciation content as prescribed in Clause 3, Article 35 of the Law on Denunciations

- Publicly concluding the denunciation contents and deciding to handle the denounced violation according to the provisions of Article 40 of the Law on Denunciations, Article 6 of Decree 31/2019/ND-CP.

- Other contents as prescribed by law.

3. Responsibilities of the Deputy Minister of Home Affairs in settlement of complaints and denunciations in Vietnam 

When assigned by the Minister to be in charge of citizen reception and settlement of complaints, denunciations, recommendations, and feedbacks, the Deputy Minister of Home Affairs shall:

- Taking responsibility before the Minister and before the law for the tasks assigned by the Minister.

- Directing, monitoring, inspecting, and urging units under and under the Ministry in the implementation of legal regulations on citizen reception, settlement of complaints, denunciations, recommendations, and feedbacks and Regulations on citizen reception, settlement of complaints, denunciations, recommendations, and feedbacks issued by the Ministry of Home Affairs together with Decision 456/QD-BNV in 2023.

- Complying with other provisions in Article 5 of the Working Regulations of the Ministry of Home Affairs issued under Decision 609/QD-BNV.

- Reporting to the Minister the results of the performance of tasks.

(Article 7 of the Regulations on citizen reception, settlement of complaints, denunciations, recommendations and feedbacks issued by the Ministry of Home Affairs together with Decision 456/QD-BNV in 2023)

Nguyen Ngoc Que Anh

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