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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 89/CP
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Hanoi, August 7,
1997
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DECREE
PROMULGATING THE
REGULATION ON THE RECEPTION OF CITIZENS
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Ordinance on Complaints and Denunciations by Citizens of May 7,
1991;
At the proposal of the State Inspector General,
DECREES:
Article 1.- To promulgate together with
this Decree the Regulation on the Reception of Citizens.
Article 2.- This Decree takes effect 15
days after its signing. The earlier provisions which are contrary to this
Decree are now annulled.
The State Inspector General shall have to guide,
inspect and urge the implementation of this Decree.
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ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet
REGULATION
ON THE RECEPTION
OF CITIZENS
(issued together with Decree No.89-CP of August 7, 1997 of the Government)
Chapter I
GENERAL PROVISIONS
Article 1.- The heads of the State
administrative agencies at different levels, branches and armed forces units
(agencies and units for short) shall have to organize the reception of citizens
who come to represent their complaints, denunciations, opinions or proposals.
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1. Receiving information, proposals and opinions
on issues related to the Party’s lines and policies, the State legislation and
managerial work of agencies and units.
2. Receiving complaints and denunciations the
settlement of which comes under jurisdiction of the heads of the related
agencies or units for consideration and decision, conclusion, settlement or
replying the citizen within the time-limit prescribed by the legislation
regarding the settlement of citizens’ complaints and denunciations.
3. Guiding citizens in exercising their right to
lodge complaints or denunciations in accordance with policies and law and to
the right competent agencies for consideration and settlement.
Article 3.- The agencies and units shall
organize the reception of citizens at convenient and spacious places with
necessary material conditions so that citizens can easily come to represent
their complaints, denunciations, proposals or opinions.
At a citizen reception place the following must
be posted for people to recognize and follow: the date, time and regulations on
the reception of citizens; the processes and guidances for citizens to lodge
their complaints and denunciations in accordance with the procedures prescribed
by law or the Ordinance on the Procedures for the Settlement of Administrative
Cases.
Article 4.- The local Police Offices
shall have to coordinate with the heads of the agencies and units to ensure
security and order at the citizen reception places.
Article 5.- The heads of the agencies and
units shall assign their cadres to receive citizens on a full-time basis.
Cadres assigned the task of receiving citizens
must be those who are virtuous, incorrupt, honest, professionally capable,
knowledgeable about the practical situation, policies of the Party and
legislation of the State, enthusiastic and responsible for the assigned tasks.
Article 6.- Citizens must not abuse their
right to make complaints and denunciations, cause disorder at citizen reception
places, slander or infringe upon the State agencies or persons on duty, and
must bear responsibility before law for the contents of their complaints or
denunciations.
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ORGANIZATION OF THE RECEPTION OF CITIZENS
Article 7.- The presidents of the
People’s Committees of the provinces and cities directly under the Central
Government and the presidents of the People’s Committees of the districts,
towns and provincial cities shall arrange citizen reception places in their
respective localities on at least one day per month for receiving citizens,
excluding cases where the reception must be organized at urgent request. They
shall also arrange enough cadres ready for the regular reception of citizens.
The presidents of the People’s Committees of the
communes, wards and townships shall have to receive citizens at the offices of
the Committees at least twice a week, excluding cases where the reception must
be organized at urgent request.
Article 8.- The heads of the ministries
and branches at the central level and the heads of the provincial/municipal
services and local branches shall arrange places to receive citizens at the
offices of their respective agencies and shall appoint full-time cadres to
receive citizens.
The heads of the Ministry of the Interior, the
Ministry of Defense, the Ministry of Construction, the Ministry of Finance, the
Ministry of Labor, War Invalids and Social Affairs, the Ministry of
Communications and Transport, the Ministry of Health, the Ministry of Education
and Training, the Ministry of Agriculture and Rural Development and the General
Land Administration shall have to receive citizens at least one day per month,
excluding cases where the reception must be organized at urgent request. The
heads of the other ministries and branches shall, based upon realistic needs,
arrange time for the reception of citizens suited to the characteristics of
their respective agencies or units, but at least once per month.
Article 9.- The heads of the agencies and
units shall have to:
1. Organize the reception of citizens to hear,
handle and direct the settlement of citizens’ complaints, denunciations,
proposals and opinions related to the fields under their management.
2. Promptly direct the agencies functioning
under their management in examining, certifying, suggesting and proposing the
settlement of the complaints and denunciations within the time-limit prescribed
by the legislation on the settlement of citizens’ complaints and denunciations.
3. Organize and assign specific responsibilities
to cadres at citizen reception places in their agencies or units on the basis
of the provisions of this Regulation.
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The State Inspectorate shall coordinate with the
Office of the Government, the Office of the National Assembly, the Office of
the Party Central Committee and the Control Commission of the Party Central
Committee to arrange enough personnel as standing cadres for the reception of
citizens at such offices. The State Inspector General shall appoint a
department-level official to oversee the reception of citizens at the Party
Central Committee’s or the State’s citizen reception office. Such an official shall:
1. Assume primary responsibility for
coordinating cadres from the related agencies for the reception of citizens at
the office so as to receive, guide and reply citizens; to organize the
inspection, urge and request the heads of the ministries, branches and the
presidents of the People’s Committees of all levels to reply citizens on the
settlement of their complaints, denunciations or proposals, handed over by the
cadres receiving them at the office of the Party Central Committee or the
State.
2. Report to the Party or State leaders on cases
and results of citizen reception at the office when requested.
3. Prepare dossiers and documents and arrange
the reception of citizens by Party or State leaders if so requested.
4. Abide by the regime of reporting to the State
Inspector General so that the latter may summarize and submit a report on the
reception of citizens at the office to the Party Central Committee, the
National Assembly and the Government.
5. Manage the property at the citizen reception
office of the Party Central Committee and the State.
Chapter III
TASKS AND POWERS OF CADRES RECEIVING CITIZENS; RIGHTS
AND OBLIGATIONS OF CITIZENS AT CITIZEN RECEPTION PLACES
Article 11.- While on duty, cadres
receiving citizens shall wear uniforms and officials’ cards as prescribed and
make their titles known to the citizens who are received.
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Article 12.- When receiving citizens, a
cadre shall have the following tasks:
1. Listening and recording in the citizen
reception book the full contents of citizens’ representation.
2. If the complaints or denunciations have firm
grounds and fall under the jurisdiction of his/her agency, he/she shall receive
such complaints or denunciations and submit them to the head of his/her agency
for consideration and settlement. The contents of complaints or denunciations
must be signed for certification by the citizens. All documents and papers
which are related to the complaints or denunciations and supplied by the
citizens must be fully receipted.
3. If the complaints or denunciations do not
fall under the jurisdiction of his/her agency, he/she shall provide the citizen
with the name of the proper agency competent to receive and settle them.
4. If the complaints or denunciations have
already been settled under a document or decision of a competent agency in
accordance with the provisions of law, he/she shall clearly reply the citizens
and request them to abide by the decision or document.
Article 13.- When receiving citizens, a
cadre shall have the right:
1. To refuse the reception if the cases were
examined, considered, certified and settled by decisions or conclusions of a
competent agency in accordance with the provisions of law and the citizens
concerned have been fully informed.
2. To refuse the reception of those citizens who
are drunk or mentally diseased or who violate the regulations and rules of the
citizen reception places.
3. To request citizens to explain fully and
clearly the contents of their complaints or denunciations, the reasons and
requirements for the settlement thereof and to provide documents and evidence
related to such complaints or denunciations.
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Article 14.- At a citizen reception
place, a citizen shall have the right:
1. To receive guidance, explanation and a reply
as to the contents of his/her presentation.
2. To complain or denounce to the direct boss of
the cadre if the latter, while on duty, commits wrong doings or acts of
obstructing, disturbing or harassing citizens.
3. To request that the denouncer’s name and
address to be kept secret if it is a denunciation.
Article 15.- At a citizen reception
place, a citizen shall have the following obligations:
1. To produce personal papers such as an
identity card or an invitation card; if the citizen does not personally come,
he/she may authorize a relative such as a father, mother, spouse, child or
sibling, who must produce the written mandate and certification by the competent
agency.
2. To strictly abide by the rules of the citizen
reception place, as well as the guidance of the cadre who receives citizens.
3. To honestly represent the case and provide
documents related to the contents of his/her complaint or denunciation when
requested.
4. To sign for certification of the contents
represented.
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Chapter IV
RELATIONSHIP BETWEEN CITIZEN RECEPTION PLACES AND THE
COMPETENT AGENCIES
Article 16.- When receiving citizens’
complaints, denunciations, proposals or opinions which are handed over from
citizen reception places, the heads of the competent agencies and units shall
have to consider and settle them within the time-limit prescribed by law. If a
decision or conclusion on the settlement thereof is already available, they
shall reply to the citizens concerned in accordance with the legislation on
complaints and denunciations and at the same time inform the offices which have
sent such cases thereof.
Article 17.- For complaints,
denunciations, opinions or proposal sent by the citizen-receiving cadres at
citizen reception offices of the Party Central Committee and the State, if the
heads of the competent agencies have failed to settle them within the
prescribed time-limit, the heads of the Party Central Committee’s and the
State’s citizen reception offices shall have the right to request them to be
settled promptly; if such a request is not satisfied, they shall be entitled to
report to the competent authority for handling. As for complaints, they shall
be entitled to announce them publicly on mass media.
Article 18.- For complaints,
denunciations, proposals or opinions sent by cadres at the citizen-reception
places of different levels and branches to the competent agencies for
settlement, if the heads of such agencies fail to settle them within the
prescribed time-limit, the heads of the citizen reception places that have
transferred such cases shall be entitled to propose to the heads of the
same-level agencies for handling.
Chapter V
ORGANIZATION OF IMPLEMENTATION
Article 19.- The State Inspector General
who assists the Prime Minister in exercising unified management over the
reception of citizens shall guide, inspect and urge the heads of the
ministries, branches and the presidents of the People’s Committees of different
levels in organizing the reception of citizens according to law; propose
necessary measures concerning the reception of citizens; administratively
handling cases of intentionally violating the regulations on the reception of
citizens and settlement of complaints and denunciations as prescribed by law;
and follow the regime of periodical reporting on the reception of citizens to
the Standing Board of the Political Bureau (of the Party), the National
Assembly Standing Committee and the Prime Minister.
The State Chief Inspectors of different branches
and levels shall conduct the State inspection over the reception of citizens
according to their competence and assist the heads of the ministries and
branches, as well as the presidents of the People’s Committees of the same
level in the management of citizen reception in their respective branches or
localities; observe the regime of periodical reporting on citizen reception to
the heads of the ministries, branches or Party Committees, the People’s
Councils’ Standing Committees and presidents of the People’s Committees of the
same level.
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Every quarter, they shall sum up the situation
and results of the reception of citizens to make a report and submit it to the
Prime Minister and the State Inspector General before the 20th day of the
quarter’s last month.
Article 21.- The Vietnam Fatherland
Front, the mass and socio-political organizations, the Supreme People’s Court
and the Supreme People’s Procuracy are requested to promulgate the Regulations
on the reception of citizens in accordance with their functions, tasks and
fields of operation and management as prescribed by law.
Article 22.- The presidents of the
People’s Committees of different levels shall coordinate with the chairmen of
the People’s Procuracies and the presidents of the People’s Courts, the heads
of agencies and mass organizations, the Fatherland Fronts of the same level in properly
organizing citizens' reception in the fields and territory under their
management.
Article 23.- In the course of the
implementation of this Regulation, any agency, unit or individual that makes
meritorious deeds shall be commended and rewarded in time.
Any agency, unit or individual that violates the
provisions of this Regulation, shall, depending on the seriousness of
its/his/her violation, be handled strictly in accordance with the provisions of
law.