Decree No. 20/2008/ND-CP dated February 14, 2008 of the Government on receipt and handling individuals and organizations feedback and proposals on administrative regulations

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.

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