Nghị định 20/2008/NĐ-CP về việc tiếp nhận, xử lý phản ánh, kiến nghị của cá nhân, tổ chức về quy định hành chính

DECREE

ON RECEIPT AND HANDLING INDIVIDUALS AND ORGANIZATIONS FEEDBACK AND PROPOSALS ON ADMINISTRATIVE REGULATIONS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Law on Organization of Peoples Councils and Peoples Committees;
At the proposal of the Minister-Director of the Government Office,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for the receipt and handling of individuals and organizations feedback and proposals on administrative regulations concerning business activity and peoples life.

This Decree does not provide for complaints and denunciations and the settlement thereof.

Article 2. Subjects of application

This Decree applies to the following entities:

1. State administrative agencies and persons competent to receive and handle feedback and proposals on administrative regulations;

2. Individuals and organizations giving feedback and proposals on administrative regulations.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Administrative regulations means regulations on mechanisms, policies and administrative procedures related to business activity and peoples life, falling within the management scope of state administrative agencies and issued by competent state agencies and persons in accordance with law.

2. Individual means a Vietnamese citizen, an overseas Vietnamese or a foreigner who gives feedback or a proposal.

3. Organization means an enterprise, a business society or association, an administrative agency, a non-business unit or another lawfully established organization that gives feedback or a proposal.

4. 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.

5. Proposal means feedback given by an individual or organization to state administrative agencies under Clause 4 of this Article together with a proposed solution or initiative on a new administrative regulation related to business activity or peoples life.

Article 4. Principles for receipt and handling

1. Compliance with law.

2. Publicity and transparency

3. Specific, clear and uniform processes.

4. Simple and convenient receipt procedures.

5. Receipt and handling according to proper competence.

6. Coordinated handling of feedback and proposals.

Chapter II

CONTENTS AND FORMS OF AND REQUIREMENTS ON FEEDBACK AND PROPOSALS

Article 5. Contents of feedback and proposals

1. 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.

2. Impracticality of administrative regulations.

3. Inconsistency of administrative regulations.

4. Unlawfulness of administrative regulations.

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

6. Other matters related to administrative regulations.

7. Plans to handle feedback on the contents specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article.

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

Article 6. Forms of feedback and proposal

Individuals and organizations may give their feedback and proposals on administrative regulations in one of the following forms:

1. In writing.

2. By telephone.

3. Through opinion poll.

Article 7. Requirements on feedback and proposals

1. Requirements on written feedback and proposals:

a/ 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).

b/ Being in Vietnamese.

c/ Having clear contents.

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

2. Requirements on feedback and proposals received by telephone:

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

b/ Being in Vietnamese.

c/ Having clear contents.

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

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

3. Requirements on feedback and proposals collected through opinion poll:

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

b/ 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).

c/ Being in Vietnamese.

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

Chapter III

RECEIPT OF FEEDBACK AND PROPOSALS

Article 8. Agencies receiving feedback and proposals

1. The Government Office 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.

2. The offices of ministries or ministerial-level agencies 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.

3. The offices of Peoples Committees of provinces and centrally run cities 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.

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

Article 9. Process of receipt of feedback and proposals

1. For feedback and proposals made in writing or by telephone, competent state administrative agencies shall follow the following steps:

a/ Guiding individuals and organizations to give feedback and proposals according to Clauses 1 and 2, Article 7 of this Decree.

b/ Receiving feedback and proposals.

c/ Recording in the feedback and proposal receipt book.

d/ Studying, assessing and classifying feedback and proposals:

Feedback and proposals which fail to meet requirements specified in Clause 1 or 2, Article 7 of this Decree and are rejected;

Feedback and proposals on specific problems in the implementation of administrative regulations caused by state administrative agencies, cadres or public employees acts of delaying or troubling the implementation of, failing to implement or improperly implementing, administrative regulations.

In this case, receiving agencies shall forward feedback and proposals to competent state administrative agencies for handling in accordance with law.

Feedback and proposals on administrative regulations falling under the handling competence of receiving agencies;

Feedback and proposals on administrative regulations not falling under the handling competence of receiving agencies.

In this case, within 05 working days after receiving such feedback and proposals, receiving agencies shall forward them to competent agencies for handling.

e/ Preserving the received feedback and proposals in accordance with the law on archive and, at the same time, storing them on a computer database.

2. For feedback and proposals given through opinion poll, state administrative agencies that wish to consult individuals and organizations shall follow the following steps:

a/ Identifying matters on which opinions should be sought.

b/ Identifying individuals and organizations to be consulted.

c/ Preparing opinion sheets.

d/ Determining the mode of sending opinion sheets and receiving answers.

e/ Sending opinion sheets to the target individuals and organizations through one or several modes specified at Point b, Clause 3, Article 7 of this Decree.

f/ Monitoring and urging individuals and organizations to give answers within the prescribed time limit.

g/ Recording answers in the receipt book.

h/ Collecting, studying, assessing and classifying answers.

i/ Deciding on the handling according to their competence or forwarding feedback and proposals to competent authorities for handling.

j/ Preserving received feedback and proposals in accordance with the law on archives and, at the same time, storing them on a computer database.

Article 10. Responsibilities of agencies receiving feedback and proposals

1. To designate cadres and public employees or sections responsible for receiving feedback and proposals.

2. To establish specialized telephone numbers, connect computer networks and create website and email addresses.

3. To publicize addresses of agencies, post addresses, specialized telephone numbers, website and email addresses specified in Article 13 of this Decree.

4. To organize the receipt of feedback and proposals strictly according to the process specified in Article 9 of this Decree.

Article 11. Responsibilities of cadres and public employees responsible for receiving feedback and proposals

1. To guide individuals and organizations to give feedback and proposals according to regulations.

2. Not to delay, trouble or harass the receipt of feedback and proposals.

3. To comply with the receipt process and time limit.

Article 12. Rights and responsibilities of individuals and organizations giving feedback and proposals

1. To give feedback and proposals on administrative regulations to state administrative agencies.

2. To request state administrative agencies which have received their feedback and proposals to inform them of the process of handling of their feedback and proposals.

3. To present clear, truthful and grounded feedback and proposals to state administrative agencies.

4. To give their feedback and proposals in the form and up to the requirements specified in this Decree.

Article 13. Publicity in receipt of feedback and proposals

1. The Government Office shall publicize on the Governments electronic portal (Government website) or a website designated by the Prime Minister its office address, mail address, specialized telephone number, website address and email address for receiving individuals and organizations feedback and proposals on administrative regulations.

2. Ministries and ministerial-level agencies shall publicize on their electronic portals or websites and publicly post at their attached administrative agencies head offices their office address, mail address, specialized telephone number, website address and email address for receiving individuals and organizations feedback and proposals on administrative regulations.

3. Provincial-level Peoples Committees shall publicize on their electronic portals or websites and publicly post at their attached administrative agencies head offices their office address, mail address, special telephone number, website address and email address for receiving individuals and organizations feedback and proposals on administrative regulations..

4. Apart from the above-said modes of publicization, the Government Office, ministries, ministerial-level agencies and provincial-level Peoples Committees may use other modes of publicization depending on their own conditions.

Chapter IV

HANDLING OF FEEDBACK AND PROPOSALS

Article 14. Process of handling feedback and proposals at state administrative agencies

1. For feedback and proposals on specific problems in the implementation of administrative regulations caused by acts of delaying or troubling the implementation of, failing to implement or improperly implementing administrative regulations, state administrative agencies with the handling competence shall handle them according to the process prescribed by law.

2. For feedback and proposals on contents of administrative regulations, state agencies with the handling competence shall observe the following process:

a/ Directly working with individuals and organizations giving feedback and proposals to clarify related contents (if finding it necessary):

h/ Studying, assessing and classifying feedback and proposals as follows:

Feedback and proposals that lack grounds for consideration and handling and need to be further collected and studied.

Feedback and proposals with sufficient grounds for consideration and handling.

c/ For feedback and proposals with sufficient grounds for consideration and handling, agencies with the handling competence shall scrutinize administrative regulations on which feedback and proposals are given against the following criteria:

- Their necessity:

- Their reasonableness and lawfulness;

- Their simplicity and comprehensiveness;

- Their feasibility;

Their consistency with other administrative regulations;

Their compliance with treaties which Vietnam has signed or acceded to.

d/ Deciding on the handling.

e/ Publicizing the result of handling feedback opinions and proposals.

f/ Organizing the preservation of records of handled feedback and proposals according to the law on archive, and at the same time, storing them on computer databases.

Article 15. Forms of handling feedback and proposals

State administrative agencies competent to handle feedback and proposals may select one of the following handling forms:

1. Amending, supplementing, canceling and abolishing administrative regulations according to their competence.

2. Proposing competent agencies or persons to consider, amend, supplement, cancel or abolish administrative regulations which fail to meet the criteria specified at Point c, Clause 2, Article 14 of this Decree.

3. Issuing according to their competence or proposing competent agencies or persons to issue new administrative regulations serving the socio-economic development and state management.

Article 16. Responsibilities of ministers and heads of ministerial-level agencies in handling feedback and proposals

1. To direct the consideration and study of feedback and proposals on administrative regulations under their management.

2. For feedback and proposals failing to meet the criteria specified at Point c, Clause 2, Article 14 of this Decree, depending on their deciding competence, ministers and heads of ministerial-level agencies may:

a/ Amend, supplement or cancel administrative regulations under their deciding competence.

b/ Propose ministries, ministerial-level agencies, provincial-level Peoples Councils or Peoples Committees to consider, amend, supplement, annul or abolish administrative regulations falling under the deciding competence of these agencies.

c/ Propose the Prime Minister to:

- Abolish, or terminate the implementation of, administrative regulations falling under the deciding competence of ministries, ministerial-level agencies, provincial Peoples Councils or Peoples Committees;

- Amend, supplement or cancel administrative regulations falling under the deciding competence of the Prime Minister;

- Consider and propose the National Assembly, the National Assembly Standing Committee or the Government to amend, supplement and annul administrative regulations under the deciding competence of these agencies.

3. To organize the preservation of records and documents and build computer databases on feedback and proposals on administrative regulations and handling results.

4. To publicize results of handling feedback and proposals.

5. To urge, examine and promptly take necessary measures to enhance administrative discipline and order in the handling of feedback and proposals.

Article 17. Responsibilities of the Minister-Director of the Government Office in handling feedback and proposals

Apart from complying with the provisions of Article 16 of this Decree, the Minister-Director of the Government Office shall:

1. Assist the Prime Minister in urging ministries, ministerial-level agencies and provincial-level Peoples Committees to handle thoroughly, promptly and duly individuals and organizations feedback and proposals on administrative regulations.

2. Assist the Prime Minister in detecting and requesting competent state administrative agencies in handling administrative regulations which fail to meet criteria specified at Point c, Clause 2, Article 14 of this Decree.

3. Organize study and propose to the Government and the Prime Minister to handle feedback and proposals on administrative regulations involving two or more different state administrative agencies which cannot reach agreement on handling plans: feedback and proposals on administrative regulations which have been handled by ministries, ministerial-level agencies and provincial-level Peoples Committees but are still further filed by individuals and organization; and feedback and
proposals on administrative regulations falling under the deciding competence of the Government or the Prime Minister.

Article 18. Responsibilities of presidents of provincial-level Peoples Committees in handling feedback and proposals

1. To direct the consideration and study of feedback and proposals on administrative regulations falling under their management.

2. For feedback and proposals failing to meet the criteria specified at Point c, Clause 2, Article 14 of this Decree, depending on their deciding competence, presidents of provincial-level Peoples Committees may:

a/ Amend, supplement and cancel administrative regulations failing under their deciding competence.

b/ Propose the Peoples Councils or Peoples Committees of the same level to amend, supplement or annul administrative regulations falling within the deciding competence of these agencies.

c/ Propose ministers or heads of ministerial-level agencies to amend, supplement or annul administrative regulations falling with the deciding competence of these agencies.

d/ Propose the Prime Minister to:

- Annul or terminate the implementation of administrative regulations failing within the deciding competence of ministries, ministerial-level agencies or Peoples Councils of the same level;

Amend, supplement or annul administrative regulations falling within the deciding competence of the Prime Minister;

Consider and propose the National Assembly, the National Assembly Standing Committee or the Government to amend, supplement or annul administrative regulations falling within the deciding competence of these agencies.

3. To organize the preservation of dossiers and records and build a computer database on feedback and proposals on administrative regulations and handling results.

4. To publicize results of handling feedback and proposals.

5. To urge, examine and promptly take necessary measures for enhancing administrative discipline in the handling of feedback and proposals

Article 19. Publicization of results of handling feedback-and proposals

Heads of state administrative agencies shall organize the publicization of results of handling individuals and organizations feedback and proposals on administrative regulations. The publicization may be effected in one or several of the following forms:

1. Publicizing on the electronic portal or website of the agency.

2. Publicizing on the mass media.

3. Sending an official notice to individuals or organizations giving feedback or proposals.

4. Other forms.

Chapter V

ASSURANCE CONDITIONS

Article 20. Creation of databases

1. The Government Office shall:

a/ Build and manage a national system of databases on feedback and proposals on administrative regulations.

b/ Publicize the database on feedback and proposals on administrative regulations on the Governments portal (Government Website).

c/ Guide ministries, ministerial-level agencies and provincial-level Peoples Committees in building, managing and exploiting the system of databases on feedback and proposals on administrative regulations.

2. Ministries, ministerial-level agencies and provincial-level Peoples Committees shall:

a/ Build and manage databases on feedback and proposals on administrative regulations under the guidance of the Government Office.

b/ Coordinate with the Government Office in managing, publicizing and exploiting the system of these databases.

Article 21. Funds for implementation

The receipt and handling of individuals and organizations feedback and proposals on administrative regulations by state administrative agencies shall be assured by the state budget in regular budget expenditure estimates of these agencies in accordance with the State Budget Law.

On the basis of the functions and tasks of state administrative agencies under their management, ministers, heads of ministerial-level agencies and presidents of provincial-level Peoples Committees shall allocate funds for the receipt and handling of individuals and organizations feedback and proposals on administrative regulations by these agencies.

Article 22. Information and reporting regime

1. Ministers, heads of ministerial-level agencies and presidents of provincial-level Peoples Committees shall report to the Prime Minister on the situation and results of receipt and handling of feedback on administrative regulations on a biannual basis or at the request of the Prime Minister.

2. The Government Office shall review and report to the Prime Minister on the situation and results of receipt and handling of feedback and proposals on administrative regulations by the Government Office, ministries, ministerial-level agencies and provincial-level Peoples Committees on a biannual basis or at the request of the Prime Minister.

Chapter VI

COMMENDATION, AND HANDLING OF VIOLATIONS

Article 23. Commendation

1. Individuals and organization making feedback and proposals on administrative regulations which bring about practical results, help state administrative agencies amend, supplement, annul or abolish administrative regulations failing to meet the criteria specified at Point c, Clause 2, Article 14 of this Decree, may be commended and/or rewarded in accordance with the law on emulation and commendation.

Heads of state administrative agencies in charge of receiving and handling feedback and proposals shall propose forms of commendation to be granted to individuals and organizations with feedback and proposals.

2. Cadres, public employees and heads of agencies and organizations assigned to receive and
handle individuals and organizations feedback and proposals on administrative regulations who properly perform their tasks specified in this Decree may be commended and/or rewarded in
accordance with law.

Article 24. Handling of violations

Cadres, public employees, heads of state administrative agencies assigned to receive and handle feedback and proposals of individuals and organizations on administrative regulations who violate or fail to fulfill their responsibilities under the provisions of this Decree shall bear disciplinary liability in accordance with the law on cadres and public employees.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 25. Implementation effect

This Decree takes effect 15 days after its publication in CONG BAO.

Decision No. 22/2006/QD-TTg of January 24, 2006, ceases to be effective on the effective date of this Decree.

Article 26. Implementation responsibilities

The Prime Minister, ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial-level Peopled Committees shall implement this Decree.

The Government Office shall urge and examine the implementation of this Decree.

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