Decree 55/2022/ND-CP the national database on settlement of complaints, denunciations, petitions and reports

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Decree No. 55/2022/ND-CP dated August 23, 2022 of the Government prescribing the national database on reception of citizens, settlement of complaints, denunciations, petitions and reports
Issuing body: GovernmentEffective date:
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Official number:55/2022/ND-CPSigner:Le Minh Khai
Type:DecreeExpiry date:Updating
Issuing date:23/08/2022Effect status:
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Fields:Administration

SUMMARY

4 prohibited acts on the national database on reception of citizens

On August 23, 2022, the Government issues the Decree No. 55/2022/ND-CP prescribing the national database on reception of citizens, settlement of complaints, denunciations, petitions and reports.

Accordingly, the national database on reception of citizens, settlement of complaints, denunciations, petitions and reports (the database) means a collection of information on complaints, denunciations, petitions and reports of agencies, organizations, individuals, and information and data on reception of citizens, settlement of complaints, denunciations, petitions and reports of competent agencies which is standardized, digitalized, stored and managed by information infrastructure in accordance with regulations.

Besides, the acts of intentionally failing to update or updating incomplete or inaccurate information or data; illegally copying, falsifying, altering, deleting or destroying data in the database; illegally accessing the database; exploiting, using or disclosing information in the database in contravention of law regulations or abusing the provision of information for personal gain; destroying, devastating or damaging the information infrastructure system or hindering the operation, stability and continuity of the database are prohibited.

Within 5 working days from the date on which the information in the database is found to be incomplete, inaccurate or there is a discrepancy in contents between electronic data and paper professional documents and materials, the data-updating agency must conduct the inspection, supplementation and adjustment.

This Decree takes effect on October 10, 2022.

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Effect status: Known

THE GOVERNMENT
________

No. 55/2022/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
________________

Hanoi, August 23, 2022

 

 

DECREE

Prescribing the national database on reception of citizens, settlement of complaints, denunciations, petitions and reports

_____________

 

Pursuant to the Law on Organization of the Government dated June 19, 2015; Law on Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Reception of Citizens dated November 25, 2013;

Pursuant to the Law on Complaints dated November 11, 2011;

Pursuant to the Law on Denunciations dated June 12, 2018;

Pursuant to the Law on E-Transactions dated November 29, 2005;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Law on Cyberinformation Security dated November 19, 2015;

Pursuant to the Law on Access to Information dated April 06, 2016;

At the proposal of the Inspector-General of the Government;

The Government promulgates the Decree on prescribing the national database on reception of citizens, settlement of complaints, denunciations, petitions and reports.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

This Decree provides for regulations on building, update, management, exploitation and use of the national database on reception of citizens, settlement of complaints, denunciations, petitions and reports; responsibilities of relevant agencies, organizations and individuals in building, update, management, exploitation and use of the national database on reception of citizens, settlement of complaints, denunciations, petitions and reports.

Article 2. Subjects of application

This Decree applies to ministries, ministerial-level agencies, government-attached agencies, People’s Committees at all levels, State inspection agencies, agencies, organizations and individuals that have competence in and responsibilities for reception of citizens, settlement of complaints, denunciations, petitions and reports, and other relevant agencies, organizations and individuals in building, update, management, exploitation and use of the national database on reception of citizens, settlement of complaints, denunciations, petitions and reports.

Article 3. National database on reception of citizens, settlement of complaints, denunciations, petitions and reports

1. The national database on reception of citizens, settlement of complaints, denunciations, petitions and reports (hereinafter referred to as the database) means a collection of information on complaints, denunciations, petitions and reports of agencies, organizations, individuals, and information and data on reception of citizens, settlement of complaints, denunciations, petitions and reports of competent agencies which is standardized, digitalized, stored and managed by information infrastructure in accordance with this Decree and other relevant law regulations.

2. The database is built and managed centrally at the Government Inspectorate, updated and exploited at ministries, ministerial-level agencies, government-attached agencies, and People’s Committees at all levels to serve the work of State management on reception of citizens, settlement of complaints, denunciations, petitions and reports.

Article 4. Principles of building, update, management, exploitation and use of the database

1. Comply with the law regulations on reception of citizens, settlement of complaints, denunciations, petitions and reports, State secrets protection, protection of personal information and other relevant law regulations.

2. Ensure compliance with the national information system, comfort to database standards, information technology and technical regulations and standards.

3. Be timely, complete, accurate and be implementedintra vireswith proper purposes in accordance with law regulations.

4. Ensure the strict, safe, stable and smooth management and operation.

Article 5. Prohibited acts

1. Intentionally failing to update or updating incomplete or inaccurate information or data; illegally copying, falsifying, altering, deleting or destroying data in the database.

2. Illegally accessing the database.

3. Exploiting, using or disclosing information in the database in contravention of law regulations or abusing the provision of information for personal gain.

4. Destroying, devastating or damaging the information infrastructure system or hindering the operation, stability and continuity of the database.

 

Chapter II

BUILDING, MANAGEMENT AND EXPLOITATION OF THE DATABASE

 

Section 1

INFORMATION IN THE DATABASE

 

Article 6. Updated information in the database

1. Information on reception of citizens:

a) Names and addresses of citizens;

b) Contents and results of reception of citizens.

2. Information on handling:

a) Types: Written complaints, denunciations, petitions or reports, or documents with various contents (hereinafter referred to as papers);

b) Papers satisfying conditions for settlement;

c) Papers  under the handling competence;

d) Papers subject to transfer to the competent agencies: The National Assembly, the National Assembly’s agencies, agencies of the National Assembly Standing Committee, People’s Councils at all levels; State administrative agencies; proceeding-conducting and judgment enforcement agencies; State audit; political organizations, socio-political organizations, socio-politico-professional organizations, social organizations, socio-professional organizations, religious organizations; public non-business units, state enterprises; other agencies, organizations and units;

dd) Returned papers and guidance on submission of papers;

e) Withdrawn papers;

g) Papers for archives.

3. Information on complaints:

a) Names and addresses of complainants;

b) Names and addresses of agencies, organizations, individuals subject to complaints;

c) Summary of complaint contents and situation of complaint settlement;

d) First-time complaint settlement decisions; second-time complaint settlement decisions;

dd) Results of execution of legally effective complaint settlement decisions.

4. Information on denunciations:

a) Names and addresses of denunciators;

b) Names and addresses of denounced agencies, organizations, individuals;

c) Summary of denunciation contents and situation of denunciation settlement;

d) Conclusions of denunciation contents; decisions on handling of the denounced violations;

dd) Results of implementation of conclusions on denunciation contents.

5. Information on petitions and reports:

a)  Names and addresses of petitioners and reporters;

b) Summary of petition and report contents;

c) Results of handling of petitions and reports.

6. Periodic reports, case-by-case reports, specialized reports, ad-hoc reports on reception of citizens, settlement of complaints, denunciations, petitions and reports that are updated at the Government Inspectorate’s request.

Article 7. Source of updated information in the Database

1. Reception of citizens, receipt and settlement of petitions and reports petitions and reports directly related to lawful rights and interests of petitioners and reporters; complaint cases with a notice on complaint acceptance, and denunciation cases with a decision on denunciation acceptance and settlement from the effective date of this Decree.

2. Cases with a legally effective decision on complaint settlement, cases with a conclusion on denunciation contents from March 15, 2018 to the day preceding the effective date of this Decree.

3. Complicated and prolonged petition and report cases other than cases specified in Clauses 1 and 2 of this Article that are updated under the Government Inspectorate’s written requests.

Article 8. Time to enter information in the database

1. For the cases specified in Clause 1, Article 7 of this Decree, the responsible agencies shall start updating the information immediately after receiving a notice on complaint acceptance, a decision on denunciation acceptance or receipt and handling of petitions, reports, and continue to update in the process of reception of citizens, settlement of complaints, denunciations, petitions and reports.

2. For the cases specified in Clause 2, Article 7 of this Decree, the updating agencies shall update the information within 12 months from the effective date of this Decree.

3. For the cases specified in Clause 6, Article 6 and Clause 3, Article 7 of this Decree, the updating agencies shall update the information within 15 days from the date of receipt of the Government Inspector’s written request.

Article 9. Supplement, adjust information in the database

Within 5 working days from the date on which the information in the database is found to be incomplete, inaccurate or there is a discrepancy in contents between electronic data and paper professional documents and materials, the data-updating agency must conduct the inspection, supplementation and adjustment.

 

Section 2

RESPONSIBILITIES OF BUILDING, MANAGEMENT AND EXPLOITATION OF THE DATABASE

 

Article 10. Responsibilities of the Government Inspectorate

1. Organize the construction, operation of technical infrastructure, administration of database system.

2. Assign the Central citizen reception board to fully and promptly update information and data on reception of citizens, settlement of complaints, denunciations, petitions and reports in the database. Other units of the Government Inspectorate shall be responsible for timely updating information and data on cases assigned to take charge of settlement in the database.

3. Provide information on reception of citizens, settlement of complaints, denunciations, petitions and reports from the database that is updated and managed by themselves at the request of competent agencies, organizations and individuals in accordance with law regulations.

4. Organize, direct and guide the update, exploitation and use of the database nationwide; standardize and guide the connection and synchronization with other relevant databases.

5. Examine and inspect the responsibilities of ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees in organization of update, management, exploitation and use of the database in accordance with regulations.

6. Standardize and electronicize the reporting regime; coordinate with the Government Office in connecting the database with the Government’s reporting system, the Center of information, direction and administration of the Government and the Prime Minister.

7. Perform other tasks as assigned by the Government, the Prime Minister.

Article 11. Responsibilities of ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels

1. Organize the timely update of information and data on reception of citizens, settlement of complaints, denunciations, petitions and reports under their competence in the database.

2. Organize and direct timely update and notification in cases where there is a change or error of information and data on reception of citizens, settlement of complaints, denunciations, petitions and reports.

3. Organize, direct and guide agencies, units and individuals under their management to provide information for updating it in the database.

4. Manage, exploit and use the information and data on reception of citizens, settlement of complaints, denunciations, petitions and reports that are updated by themselves in the database.

5. Provide information on reception of citizens, settlement of complaints, denunciations, petitions and reports in the database that is updated and managed by themselves at the request of competent agencies, organizations or individuals in accordance with this Decree and other relevant law regulations.

6. Ensure resources for activities of collecting, updating, exploiting, managing and using information and data under their management.

7. Examine and inspect the responsibility within the competence for the update, management, exploitation and use of the database by heads of agencies, units and individuals under their management.

Article 12. Responsibilities of State inspection agencies at all levels

1. Assist heads of State management agencies at the same level in organizing the update, management, exploitation and use of information and data on reception of citizens, settlement of complaints, denunciations, petitions and reports under management of the heads of State management agencies at the same level.

2. Assist heads of State management agencies at the same level in directing, guiding, urging, examining and inspecting the update, management, exploitation and use of information and data on reception of citizens, settlement of complaints, denunciations, petitions and reports under the management of their ministries, sectors and localities.

Article 13. Responsibilities of agencies, organizations and individuals with competence of reception of citizens, settlement of complaints, denunciations, petitions and reports

1. Provide information and data on reception of citizens, settlement of complaints, denunciations, petitions and reports to agencies responsible for update on request and update information and data at the request of competent agencies; take responsibility for the accuracy of such provided information.

2. Use their collected and provided information and data on reception of citizens, settlement of complaints, denunciations, petitions and reports for the management work.

Article 14. Competence and scope of exploitation of the database

1. Agencies that are responsible for updating information in the database shall be entitled to exploit information and data within their update scope.

2. Agencies, organizations and individuals that have the right to request information and data provision in the database include:

a) General Secretary, President of the country, Prime Minister, President of the National Assembly, standing body of the Secretariat, Vice President of the country, Deputy Prime Ministers and the Government’s members, Vice Presidents of the National Assembly and members of the National Assembly Standing Committee have the right to request the provision of information and data nationwide;

b) Central Inspection Committee, Office of the Party Central Committee and Central Committees of the Party, Office of the President, Office of the Government, Office of the National Assembly, Ethnic Council and Committees of the National Assembly, Petitions Committee, Deputy-related Work Committee under the National Assembly Standing Committee, the Central Committee of the Vietnam Fatherland Front and the National Assembly deputies have the right to request the information and data provision nationwide;

c) Committees of provincial-level People’s Councils, Office of the National Assembly deputies’ delegation and provincial-level People’s Councils, Office of provincial-level People’s Committees, Office and Committees of provincial-level Party Committees, provincial Fatherland Front Committees and provincial-level People’s Council deputies have the right to request the provision of information and data under the management of provincial-level People s Committees;

d) Offices and committees of district-level People’s Councils, Offices of district-level People’s Committees, Offices and committees under district-level party committees, town party committees, municipal party committees, district Fatherland Front Committees and district-level People’s Council deputies have the right to request the provision of information and data within the management scope of the district-level People s Committees;

dd) Competence of request for information and data provision of other agencies, organizations and individuals shall comply with law regulations.

3. The exploitation and use of State secrets in the database must comply with the law regulations on State secrets protection.

Article 15. Procedures for requesting and performing provision of information and data in the database

1. Agencies, organizations and individuals competent to request information and data provision shall make a written request, clearly stating contents of information and data to be provided, and purposes of information and data exploitation and use.

2. The agency responsible for provision of information and data shall consider and provide information and data upon request, ensuring the provision of proper contents and subjects within 05 working days from the date of receiving the request. If the requested information and data cannot be provided, for objective reasons, a written notice must be sent to the requesting agencies, organizations or individuals, clearly stating the reason.

3. The agency that is requested to provide information and data may refuse the request in the following cases:

a) Cases other than the cases specified in Clause 2, Article 14 of this Decree;

b) Cases in which there are grounds to believe that such request is in contravention of law regulations, violates regulations on protection of state secrets, personal secrets, infringes upon the lawful rights and interests of agencies, organizations and individuals.

Article 16. Responsibility of provision of information in the database

1. The Government Inspectorate shall be responsible for providing information as specified at Points a, b and dd, Clause 2, Article 14 of this Decree.

2. Inspectorates of ministries and ministerial-level agencies shall be responsible for providing information under their management at the request of ministers or heads of ministerial-level agencies.

Units assigned to update information in the database at the Government Office, government-attached agencies shall be responsible for providing information under their management at the request of Ministers, the head of the Government Office, heads of government-attached agencies.

3. Provincial inspectorates shall be responsible for providing information on request as specified at Points c and dd, Clause 2, Article 14 of this Decree.

4. District inspectorates shall be responsible for providing information on request as specified at Points d and dd, Clause 2, Article 14 of this Decree.

Article 17. Management and protection of the database

1. The database is managed and protected strictly and securely in accordance with law regulations.

2. The agency assigned to manage the database shall be responsible for developing technical solutions, professional processes, and regulations on database management, system operation, data storage, and system checking and ensuring of information and data security and safety.

Article 18. Connection and sharing of information and data

1. The connection and sharing of information and data between the national database on reception of citizens, settlement of complaints, denunciations, petitions and reports and other national databases, specialized databases in order to serve competent agencies’ management requirements shall comply with law regulations.

2. Ministries, sectors and localities shall standardize relevant data in their other databases to update them in the database in accordance with law regulations.

Article 19. Investment in building and maintenance of the database

1. Funding for the investment in building, upgrading and expanding the database shall be allocated by the state budget and other funding sources in accordance with law regulations.

2. Funding for the management, maintaining and update of information and data shall be allocated from current expenditure sources according to the current budget decentralization.

 

Chapter III

IMPLEMENTATION PROVISIONS

 

Article 20. Effect

This Decree takes effect on October 10, 2022.

Article 21. Implementation responsibility

1. The Inspector-General of the Government shall, within the ambit of his assigned functions, tasks and powers, organize, guide and inspect the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People’s Committees at all levels, heads of State inspection agencies, persons competent and responsible for reception of citizens, settlement of complaints, denunciations, petitions and reports, and other relevant agencies, organizations and individuals shall take responsibility for the implementation of this Decree.

 

 

ON BEHALF OF THE GOVERNMENT

FOR THE PRIME MINISTER

DEPUTY PRIME MINISTER

 

 

 

Le Minh Khai

 

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