Laws of Vietnam

In execution of the Ordinance on Complaints and Denunciations by Citizens issued in 1991, the various levels and branches have directed the work and successfully settled many complaints and denunciations by citizens. However, in reality this work is still fraught with many problems and shortcomings: there remain many cases in which citizens sent their complaints or denunciations to echelons higher than the law-prescribed ones, the handling of each concrete case by the various branches and echelons is still too slow, and the effective decisions are not yet strictly observed; the organization of the reception of the people at many agencies is still too formalistic and brings low results in settlement; the Heads of many agencies and units in many places have not performed their duty of verifying and inspecting the settlement of complaints and denunciations at the agencies, and referred completely the issues to the specialized agencies.

In order to overcome these problems and shortcomings, and settle in time and effectively the complaints and denunciations by the people, the Prime Minister gives the following instructions:

1. The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People's Committees in the provinces and cities directly under the Central Government shall have to personally direct the timely examination and settlement of these complaints and denunciations, in order to answer the complainants and denunciators, or issue decisions on how to handle these complaints and denunciations under the jurisdiction of their branches or localities as prescribed by law; the Heads of the various levels of administration at the grassroots, agencies and enterprises attached to the ministries or branches and the specialized agencies shall have to examine each case, and issue decisions to settle the complaints and denunciations of citizens right from the outset, according to their jurisdiction. For no reason whatsoever shall they be allowed to abstain from answering, or pass the buck to others.

2. The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, with the specialized State managerial function in many ways related to the complaints and denunciations by citizens, such as the Ministries and branches of Construction, Land Administration, Finance, Labor, War Invalids and Social Affairs... Must take active measures, including the appointment of enough specialized staff to help the Heads examine and settle the complaints and denunciations under the management of their branches. At the same time they shall have to intensify the control and prompt the branches and localities in the implementation of the policies and laws related to the function of State management of each branch, and issue decisions to settle in time the complaints bearing on the domain of management of the branch already settled by the Minister or the President of the People's Committee in the province or city directly under the Central Government but still subject to continued complaint by the citizens, or in which there age signs of violations of law as stipulated in Article 16 of the Ordinance on Complaints and Denunciations by Citizens.

The General State Inspector shall, according to his jurisdiction defined in Article 17 of the Ordinance on Complaints and Denunciations by Citizens, issue the final decision, and take responsibility for a definitive settlement of the complaints bearing on the decision of settlement by the Ministers of specialized ministries. In special cases where the decisive opinion of the Prime Minister is necessary, the General State Inspector shall have to verify the cases carefully, and submit them to the Prime Minister for consideration and decision.

Once the authorized agency has issued the final decision for settlement, all individuals, organizations and State agencies shall have to carry it out. If an individual or agency or organization does not carry it out, the decision issuing agency must take concrete measures to see that the decision is implemented, or to issue a decision forcing its implementation.

3. With regard to the complaints or denunciations which are sent to many agencies, or to an echelon higher than the prescribed echelon, or forwarded from a higher level, the Ministers, the Heads of the ministerial-level agencies, the Heads of the People's Committees in the provinces and cities directly under the Central Government shall have, besides settling definitively the complaints and denunciations under their jurisdiction, to provide concrete guidance for the settlement of each case, or to assign its examination and settlement of each case, or to assign its examination and settlement to a responsible agency (under no circumstances shall they be allowed to bypass the case), and periodically check their settlement. Action must be taken immediately against those units or individuals that have violated the Ordinance on Complaints and Denunciations by Citizens, and the result of these measures must be reported in time to the higher level.

The General State Inspector shall direct the synthetization and classification of the letters and petitions of complaints and denunciations sent directly over the prescribed level to the leaders of the Party and State, forward them to the Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People's Committee in the provinces and cities directly under the Central Government, for settlement according to their jurisdiction. He shall also have to direct, inspect, control and assess the settlement of the complaints and denunciations at the various ministries, branches and localities; report in time to the Prime Minister to commend those units with good records, and suggest sanctions against those ministries, branches and localities having committed many violations in the management and guidance for the settlement of the complaints and denunciations by citizens.

4. The State agencies authorized to settle complaints and denunciations must reorganize the places for reception of the people at their agencies, increase the number of virtuous and capable cadres, have a firm grasp of the regulations of law on the settlement of complaints and denunciations by citizens, are eager to assume the task of receiving the people, and to devotedly guide citizens in presenting their problems and making their complaints or denunciations. They must ensure the necessary working means at the places for reception of the people. The reception of the people must be linked with the timely and effective settlement of the reports, complaints and denunciations by the citizens, and is the responsibility of the Heads of all branches and localities.

The General State Inspector shall have to study and clearly define the function and task of the Office for reception of citizens of the Central Committee of the Party and the State (installed in Hanoi capital and Ho Chi Minh City).

The Prime Minister asks the Head of the Supreme People's Procuracy and the President of the Supreme People's Court, within the scope of their responsibilities and competence, to organize the reception of people who come to make their complaints and denunciations.

5. The General State Inspector, the Minister-Chairman of the Government Commission for Organization and Personnel shall study and supply the necessary staff to assume the work of examining and settling the complaints and denunciations at various branches and levels, and suggest appropriate policies of remuneration toward this staff.

The Minister of Justice, the General State Inspector and the Minister of Culture and Information shall cooperate in intenfying the dissemination of law in general and the Ordinance on Complaints and Denunciations by Citizens in particular in the mass media, so that all citizens, organizations and State agencies can understand and act correctly, and supervise the implementation of the Ordinance at various branches and levels.

The Director of the National Administration Institute shall introduce into the curriculum the fundamental contents of the work of examining and settling the complaints and denunciations by citizens, according to current prescriptions of law.

The administration at all levels must direct the specialized agencies to work out concrete regulations, in order to create favorable conditions for citizens who come to make their complaints and denunciations at the place for reception of the people, with a view to preventing bad elements from inciting citizens to disturb public order and security at the places for reception of the people.

6. The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, and the President of the People's Committees in the provinces and cities directly under the Central Government shall periodically, once every three months, report to the Prime Minister (through the General State Inspector) about the situation of the settlement of the complaints and denunciations in their branches and localities. The General State Inspector shall direct the composition of the reports, synthesize the situation of the reception of the people and settlement of complaints and denunciations by citizens, and report it to the Prime Minister.

The General State Inspector shall have to guide, prompt and control the ministries, branches and localities and the Ministers of various Ministries, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, and the Presidents of the People's Committees in the provinces and cities directly under the Central Government to organize the serious implementation of this Instruction.

Prime Minister

VO VAN KIET