Decision 51/QD-VKSTC-V12 2016 receiving citizens, resolving complaints and denunciations

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Decision No. 51/QD-VKSTC-V12 dated February 02, 2016 of the Supreme People’s Procuracy on the promulgation of Regulations on receiving citizens, resolving complaints and denunciations and controlling the resolution of complaints and denunciations in judicial sector
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Official number:51/QD-VKSTC-V12Signer:Nguyen Thi Thuy Khiem
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Issuing date:02/02/2016Effect status:
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THE SUPREME PEOPLE’S PROCURACY
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No. 51/QD-VKSTC-V12

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Hanoi, February 02, 2016

DECISION
ON THE PROMULGATION OF REGULATIONS ON RECEIVING CITIZENS, RESOLVING COMPLAINTS AND DENUNCIATIONS AND CONTROLLING THE RESOLUTION OF COMPLAINTS AND DENUNCIATIONS IN JUDICIAL SECTOR

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THE PROSECUTOR GENERAL
OF THE SUPREME PEOPLE’S PROCURACY

 

Pursuant to the Law on Organization of People's Procuracies No. 63/2014/QH13;

At the proposal of the Director of the Department of Supervision and Handling of Complaints and Crime Reports in Judicial Sector,

 

HEREBY DECIDES:

 

Article 1. To promulgate hereunder the Regulations on receiving citizens, resolving complaints and denunciations and supervising the resolution of complaints and denunciations in judicial sector.

Article 2. This Decision takes effect after 15 days from the date of signing. Previous regulations of the Supreme People's Procuracy that are contrary to this Decision are hereby annulled.

This Decision replaces the following documents:

- Decision No. 59/2006-QD-VKSTC-V7 dated February 6, 2006 of the Prosecutor General of the Supreme People’s Procuracy on the promulgation of Regulations on reception of citizens, resolution of complaints and denunciations and supervision over the resolution of complaints and denunciations falling under the authority of the Procuracies;

- Decision No. 487/QD-VKSTC-V7 dated September 4, 2008 of the Prosecutor General of the Supreme People’s Procuracy assigning the task of supervising the resolution of complaints and denunciations in judicial sector of judicial agencies.

Article 3. The Director of the Department of Supervision and Handling of Complaints and Crime Reports in Judicial Sector, the Chief of the Supreme People's Procuracy Office, the Director of the Personnel Department, Heads of units under the Supreme People's Procuracy, the Chief Procurator of the High-level People’s Procuracy, Chief Procurators of People's Procuracies of provinces and municipalities, Chief Procurators of People's Procuracies of districts, towns, and provincial cities, Military Procuracies at all levels shall be responsible for implementing this Decision./.

 

 

FOR THE PROSECUTOR GENERAL
DEPUTY PROSECUTOR GENERAL




Nguyen Thi Thuy Khiem

 

 

REGULATIONS

ON RECEIVING CITIZENS, RESOLVING COMPLAINTS AND DENUNCIATIONS AND CONTROLLING THE RESOLUTION OF COMPLAINTS AND DENUNCIATIONS IN JUDICIAL SECTOR
(Promulgated under Decision No. 51/QD-VKSTC-V12 dated February 2, 2016 of the Prosecutor General of the Supreme People’s Procuracy)

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation and subjects of application

1. The regulations herein provide for the reception of citizens; reception, processing and management of forms; resolution of complaints and denunciations in judicial sector under the authority of the Procuracies; supervision over the resolution of complaints and denunciations in judicial sector by competent agencies.

The reception, processing, management, and resolution of crime reports and prosecution proposals; resolution of complaints and denunciations regarding administrative decisions and administrative acts of the Procuracies; resolution of petitions, recommendations, feedback and requests are not within the scope of the Regulations.

2. The Regulations herein apply to Procuracies at all levels.

Article 2. Interpretation of terms

For the purposes of the Regulations herein, the terms below are construed as follows:

1. Forms include complaints, denunciations, petitions, recommendations, feedback, requests.

2. Forms falling under the authority of Procuracies include forms to be resolved by Procuracies and forms of which the resolution is supervised by Procuracies.

3. Forms to be resolved by Procuracies mean complaints, denunciations and petitions, feedback, recommendations and requests that, under the laws, shall be resolved by the Procuracies.

4. Forms of which the resolution is supervised by Procuracies mean complaints and denunciations in judicial sector that shall be resolved by other authorities but, under the laws, such resolution shall be supervised by the Procuracies.

5. Acceptance conditions mean the conditions required by the laws that the person who submits a form must fully satisfy for the form to be accepted.

6. Processing of forms means the specific work of the units in charge of supervising the resolution of complaints and denunciations in judicial sector under the Procuracies at all levels with respect to forms that have been received, including the following: classifying the forms; forwarding the forms to responsible units at the same level in cases where the forms fall under the authority of the Procuracies of such level; forwarding the form to the competent authorities (and at the same time notifying the persons who submit the forms) or guiding the persons who submit the forms in cases where the forms do not fall under the authority of the Procuracies of such level; providing instructions or notifying the persons who submit the forms in cases where the forms are unsatisfactory to acceptance conditions or ineligible to be accepted.

7. Complaints and denunciations in judicial sector include complaints and denunciations with respect to criminal proceedings, civil proceedings, administrative proceedings, enforcement of criminal judgments, enforcement of civil judgments, enforcement of administrative judgments, temporary detention and custody, and complaints with respect to the process and procedures for review and decision to apply administrative penalties by the People's Courts.

8. Written resolution of a complaint/denunciation means a document issued by the Procuracy upon completion of resolving the complaint/denunciation in judicial sector, including: the decision to resolve the complaint; the findings with respect to the denunciation; the announcement of the results of denunciation resolution; and other documents as specified by the law regulations.

 

Chapter II

ORGANIZATION OF CITIZEN RECEPTIONS

 

Article 3. General regulations on reception of citizens

1. The reception of citizens by the Procuracies at all levels must comply with the Law on Reception of Citizens, other relevant law regulations and the regulations herein.

2. Places to receive citizens of the Procuracies include places to receive citizens at the headquarters of the Procuracies and other workplaces specified by the Procuracies responsible for receiving citizens and must be publicly announced or notified in advance to the persons who are received.

3. The Chief Procurators of the Procuracies at all levels shall:

a. Arrange convenient places to receive citizens, ensure the necessary facilities for citizens to present complaints, denunciations, petitions, and feedback. Places to receive citizens must have signs and the rules and schedules of citizen receptions shall be posted there.

b. Assign people to receive citizens in accordance with Clause 1, Article 8 of this Regulation.

4. Citizen reception must ensure publicity and timeliness; simple and convenient formalities in the citizen reception places; confidentiality and safety for whistleblowers in accordance with the laws; objectivity, equality and non-discrimination during the citizen receptions; respect and facilitation for citizens to make complaints, denunciations, petitions and reports in accordance with the laws. Do not receive citizens outside the designated places.

5. Citizen reception officers must wear uniforms as specified; do not make any promise or notification to citizens regarding issues or resolution results that have not been official in writing. The receipt of complaints, denunciations and related documents and evidence must be made in writing.

6. Refuse to receive citizens in the cases specified in Article 9 of the Law on Reception of Citizens.

Article 4. Receipt and processing of complaints, denunciations, petitions and feedback from citizen receptions

1. When citizens come to complain, denounce, petition, or give feedback, the citizen reception officers shall welcome and ask them to clearly state their full name, address, or present personal identity documents or powers of attorney (if any); then receive their complaints, denunciations, petitions, and feedback or guide those who come to complain, denounce, petition, or give feedback to declare their cases.

2. Such declarations must be recorded in a citizen reception book with information including serial number, reception date, full name, address of the persons who are received, description of the incident, review and resolution process of the competent authority, organization or unit (if any); requests and suggestions of persons who make the complaints, denunciations, petitions, and feedback; the receipt and processing of the cases.

In cases where the persons coming to complain, denounce, petition, or give feedback do not prepare any complaint, denunciation, petition, or feedback form, the citizen reception officers shall guide them to make such forms or fully and accurately record the complaint, denunciation, petition, feedback in writing and ask them to sign or confirm therein. In cases where the declarations are not clear and complete, the citizen reception officers shall request the persons coming to complain, denounce, petition, or give feedback to present additional documents or evidence.

3. In cases where a form encompasses both complaint and denunciation/petition/feedback, the citizen reception officer shall guide the person submitting the form to make a separate complaint form and another to denounce, petition, or give feedback to competent authorities, organizations and units in accordance with the law regulations.

4. Complaints, denunciations, petitions, and feedback received from citizen receptions shall be processed in accordance with Article 26 and Article 28 of the Law on Reception of Citizens and Article 10 hereof.

Article 5. Responsibilities of units for receiving citizens

1. The units in charge of supervision and resolution of complaints and denunciations in judicial sector shall be responsible for regularly receiving citizens.

2. Responsibilities of relevant units:

a. When notified by the units in charge of supervision and resolution of complaints and denunciations in judicial sector to receive citizens, the relevant units must immediately appoint persons responsible for receiving citizens in accordance with regulations. If, due to objective reasons, they cannot receive the citizens, they must make other appointments and notify the units in charge of supervision and resolution of complaints and denunciations in judicial sector.

b. In the process of performing tasks, if it is deemed necessary to receive citizens, the units shall be responsible for making citizen invitations and notifying the units in charge of supervision and resolution of complaints and denunciations in judicial sector.

3. Coordination of units in receiving and processing cases where many persons complain, denounce, petition, or give feedback on the same issue at the citizen reception place.

When receiving requests from leaders of the  units in charge of supervision and resolution of complaints and denunciations in judicial sector, leaders of relevant units have the following duties:

a. Assign responsible persons to, or on their own receive citizens.

b. Provide information and documents about the cases at the request of the competent persons.

c. Resolve or direct the resolution of cases under their ambit in accordance with the law regulations.

Article 6. Reception of citizens by Chief Procurators of Procuracies

1. The Chief Procurators of the Procuracies at all levels shall on their own receive citizens in accordance with the following regulations:

a. On a monthly basis, they shall, on their own, receive citizens in at least 01 day in the following cases:

- The cases have been resolved in legally effective documents, but the citizens appeal for re-examination;

- The cases where the citizens have submitted their forms several times, which show signs of injustice or wrongdoings and have attracted public attention but have not been reviewed or resolved.

b. Unscheduled reception of citizens in the following cases:

- The cases that are intense, complex, have many participants, involve the responsibilities of numerous agencies, organizations, and units, or encompass the opinions of various agencies, organizations, and units are distinct;

- The cases that, if not promptly addressed and reviewed, can have serious consequences, leading to the destruction of state-owned and collective property, harm to citizens’ lives and property, and adverse effects on security, politics, social order, and safety;

- When the Chief Procurator is absent, a Deputy Chief Procurator shall be authorized by the Chief Procurator to handle the task of receiving citizens in accordance with this Point.

2. Duties of the units in charge of supervision and resolution of complaints and denunciations in judicial sector and relevant units in receiving citizens of Chief Procurators of Procuracies

a. The units in charge of supervision and resolution of complaints and denunciations in judicial sector shall assume the prime responsibility for, and coordinate with relevant units, in performing the following tasks:

- Periodically compiling a list of eligible citizens for submission to the Chief Procurators for guidance and sharing with relevant units to prepare the content;

- Implementing the Chief Procurators’ requests related to receiving citizens, either by directly executing or coordinating with relevant units;

- Issuing written notifications of examination results to citizens for cases that have been resolved in legally effective documents but require re-examination;

- Participating in the Chief Procurators’ reception of citizens, recording minutes of citizen receptions;

- Communicating the Chief Procurators’ conclusions or other instructions obtained during the reception of citizens.

b. Relevant units shall have the following tasks:

- Researching and preparing full records and documents related to the cases for which the Chief Procurators receive citizens according to the list sent by the units in charge of supervision and resolution of complaints and denunciations in the judicial sector;

- Appointing unit leaders and Procurators to participate in the Chief Procurators’ reception of citizens;

- Implementing the requests of the Chief Procurators of the Procuracies or the request of the units in charge of supervision and resolution of complaints and denunciations in judicial sector in relation to receiving citizens.

c. Offices of the Procuracies at all levels have the following tasks:

- Ensuring security, order, and hygiene in the locations where citizens are received, and preparing adequate facilities to support the Chief Procurators’ reception of citizens;

- Managing information and press engagement related to the Chief Procurators’ reception of citizens (if any).

3. Cases after the Chief Procurator receives citizens shall be processed as follows:

a. If the case is under review by the units that has accepted it, and a written resolution is sent to the citizen, 01 copy must be sent to the unit in charge of supervision and resolution of complaints and denunciations in the judicial sector for monitoring and general management.

b. If the case has been resolved in a legally effective document but needs re-examination, after completing the examination, the units will report the examination results in writing to the Chief Procurator and send it to the unit in charge of supervision and resolution of complaints and denunciations in the judicial sector to inform the citizen.

c. The unit in charge of supervision and resolution of complaints and denunciations in the judicial sector shall organize the implementation of conclusions or other instructions from the Chief Procurator of the Procuracy on the cases.

Article 7. Ensuring order and safety in organizing citizen receptions

Offices of the Procuracies at all levels shall coordinate with the police agencies responsible for the localities where citizens are received to ensure order and safety in those locations. They should implement fire and explosion prevention measures in accordance with general regulations and promptly and decisively address cases of individuals abusing democratic freedoms and rights to complain and denounce to commit law violations at places where citizens are received.

Article 8. Standards, regimes and policies for regular citizen reception officers

1. Citizen reception officers must possess good moral qualities, professional capacity, a firm grasp of Party policies and State laws, an understanding of reality, and the ability to mobilize and persuade the masses as well as ensure health requirements and take accountability for the assigned tasks.

2. Citizen reception officers shall be entitled to citizen reception training and other benefits in accordance with regulations of the Government.

 

Chapter III

RECEIPT, PROCESSING, AND MANAGEMENT OF FORMS

 

Article 9. Receipt of forms

Forms sent to the Procuracies from all sources (including forms sent to the leaders of Procuracies) must be uniformly received through one contact point which shall be the unit in charge of supervision and resolution of complaints and denunciations in judicial sector for processing and management. Forms shall not be received outside the designated places.

Article 10. Processing of forms

1. Forms are classified as follows:

a. Forms to be resolved by Procuracies.

b. Forms of which the resolution is supervised by Procuracies.

c. Forms that shall not be resolved and of which the resolution shall not be supervised by Procuracies.

d. Forms that are unsatisfactory to acceptance conditions or ineligible to be accepted.

2. Processing of complaints

a. Complaints that shall be resolved, or of which the resolution shall be supervised by the Procuracies at the same level shall be accepted and processed in accordance with the law regulations and the Regulations herein.

b. If a complaint that shall not be resolved, or of which the resolution shall not be supervised by the Procuracy at the same level, such complaint and documents attached thereto (if any) shall be returned to the person who submits the form or the forwarder. Simultaneously, instructions will be given to forward the form to the competent authority for resolution. In cases where another Procuracy has the authority to do so, the form and documents attached thereto (if any) shall be forwarded to such competent Procuracy, and the person who submits the form shall be notified accordingly.

3. Processing of denunciations

a. For denunciations that shall be resolved by the Procuracies at the same level, Point a, Clause 1, Article 20 of the Law on Denunciations shall prevail. For denunciations of which the resolution shall be supervised by the Procuracies at the same level, they shall accept the forms and exercise the authority to supervise the resolution thereof in accordance with the law regulations and the Regulations herein.

b. If a denunciation that shall not be resolved, or of which the resolution shall not be supervised by the Procuracy at the same level, such denunciation and documents attached thereto (if any) shall be forwarded to the competent authority for resolution and the person who submits the form shall be notified accordingly if so required. In cases where the form is a denunciation in judicial sector, in addition to being forwarded to the competent authority for resolution, it shall be notified to the Procuracy that has the authority to supervise such resolution.

4. Processing of complaints and denunciations that encompass several issues or fall under the authority of several agencies

a. For forms encompassing several issues of which some shall be resolved by the Procuracy at the same level and some by another authorities, the Procuracy shall accept the issues falling within its authority while sending written instructions to the person who submits the form to made other forms regarding the remaining issues and send them to the competent authorities for resolution.

b. In cases where a form encompasses several issues but all of them shall be resolved by the Procuracy at the same level, and each of these issues is reviewed by a different unit, the unit in charge of supervision and resolution of complaints and denunciations in judicial sector shall send a written proposal to the Chief Procurator of the Procuracy to assign a unit that assumes the prime responsibility for and coordinates with other relevant units in resolving the form and responding to the person who submits the form.

5. Processing of recommendations, petitions, feedback, and requests

a. Forms for review in accordance with cassation or retrial procedures of judgments or decisions of the People's Courts that have taken legal effect shall be processed in accordance with the Chapters on cassation and retrial procedures of the Criminal Procedure Code, Civil Procedure Code, Law on Administrative Procedures, and relevant guiding documents.

b. Requests to re-examine legally effective decisions on resolution of complaints will be processed in accordance with Article 14 of the Regulations herein.

c. Recommendations, petitions, feedback, and requests that shall be resolved by the Procuracy at the same level shall be forwarded by the unit in charge of supervision and resolution of complaints and denunciations in judicial sector to other units in charge or the competent person for review. In cases where the forms shall be resolved by other authorities, they shall be forwarded to the respective competent authorities, and the person who submits the form shall be notified accordingly.

d. Forms related to unjust or wrongful compensation claims under the Law on State Compensation Liability that shall be resolved by the Procuracy at the same level shall be forwarded by the unit in charge of supervision and resolution of complaints and denunciations in judicial sector to the unit in charge of public prosecutions and supervision over the criminal adjudication for review.

6. Processing of forms that are unsatisfactory to acceptance conditions or ineligible to be accepted

a. For forms that are unsatisfactory to acceptance conditions, written instructions shall be sent to the persons who submit the forms for them to add necessary information and documents in accordance with regulations.

b. Forms that are ineligible to be accepted will be returned to the persons who submit the forms, enclosed with a notification explicitly stating the reasons. Such notification will only be made once for one case.

c. Anonymous, impersonated denunciations, or those with unknown addresses or wet signatures, or those that have been reviewed and concluded by competent authorities but are resubmitted without additional documents and new evidence will not be reviewed.

Article 11. Management of forms

The units in charge of supervision and resolution of complaints and denunciations in judicial sector shall be responsible for:

a. Fully updating the book or software to manage forms that are received and classified.

b. Timely forwarding forms to competent authorities and units for review and resolution. The forwarding of forms between the unit in charge of supervision and resolution of complaints and denunciations in the judicial sector and other units at the same level must be documented into a list signed off by the deliverer and the recipient.

c. Comparing data on forms accepted and resolved weekly and monthly with units and departments under the Procuracy at the same level for comprehensive and consistent management.

d. Managing separately forms forwarded by Party agencies, State-level agencies, National Assembly’s agencies, National Assembly deputies, National Assembly delegations, People's Councils, Vietnam Fatherland Front Committees, and press agencies while pushing the notification of resolution results or progress to the forwarders by relevant units and departments.

 

Chapter IV

RESOLUTION OF COMPLAINTS AND DENUNCIATIONS IN JUDICIAL SECTOR

 

Section 1. RESOLUTION OF COMPLAINTS IN JUDICIAL SECTOR

Article 12. Authority and time limits for resolving complaints in judicial sector

1. The authority to resolve complaints in criminal proceedings complies with the Chapter on complaints and denunciations of the Criminal Procedure Code, including complaints about procedural decisions and acts of competent persons of the Procuracies in public prosecutions and supervision over the  criminal adjudication; complaints about procedural decisions and acts in the holding of persons in case of emergency, arrest, custody or temporary detention at the stage of investigation or prosecution; complaints about the procedural acts and decisions by heads of investigation bodies or heads of the bodies assigned to carry out a number of investigation activities and the procedural decisions by the investigation bodies that have been approved by the Procuracies; complaints about the resolution results by heads of investigation bodies regarding complaints about procedural decisions and acts of investigation officers, investigators, and deputy heads of investigation bodies; complaints about the resolution results by heads of the bodies assigned to carry out a number of investigation activities regarding complaints about procedural decisions and acts of deputy heads and investigation officers.

2. The authority to resolve complaints in civil proceedings complies with the Chapter on complaints and denunciations of the Civil Procedure Code, including complaints about procedural acts and decisions of competent persons of the Procuracies in supervision over judicial activities with respect to civil proceedings.

3. The authority to resolve complaints in administrative proceedings complies with the Chapter on complaints and denunciations of the Law on Administrative Procedures, including complaints about procedural acts and decisions of competent persons of the Procuracies in supervision over judicial activities with respect to administrative proceedings.

4. The authority to resolve complaints in  enforcement of criminal judgments complies with the Law on Organization of the People's Procuracies and the Chapter on complaints and denunciations of the Law on enforcement of Criminal Judgments, including complaints about acts and decisions with respect to management and correction of prisoners by the persons assigned to manage and correct prisoners; complaints about the acts and decisions by competent persons of the Procuracies in supervision over the enforcement of criminal judgments.

5. The authority to resolve complaints in the management and enforcement of custody and temporary detention complies with the Law on Organization of the People's Procuracies and the Chapter on complaints and denunciations of the Law on Enforcement of Custody and Temporary Detention, including complaints about acts and decisions of competent persons with respect to the management and enforcement of custody and temporary detention; complaints about the acts and decisions by competent persons of the Procuracies in supervision over the management and enforcement of custody and temporary detention.

6. The authority to resolve complaints in the supervision over enforcement of civil judgments, the supervision over enforcement of administrative judgments, and the supervision over procedures for reviewing and deciding to apply administrative penalties by the People's Courts complies with the law regulations.

7. The authority to resolve complaints of the Chief Procurators of the Procuracies at all levels in public prosecutions and supervision over the criminal adjudication is specified as follows:

a. Complaints about the acts and decisions of Inspectors, Procurators, or Deputy Chief Procurators of the Procuracies at any level shall be resolved by the Chief Procurator of the Procuracies at such level. If the person who submits a complaint does not agree with the resolution results and continues to submit another complaint, the superior Procuracy has the authority to resolve the case. The resolution decision of the superior Procuracy is a legally effective resolution decision.

b. Complaints about the acts and decisions of heads of the lower-level Procuracies shall be resolved by the competent superior Procuracies. The resolution decisions of the superior Procuracies are legally effective decisions.

c. In all cases, the decisions on resolution of complaints by the Procurator General of the Supreme People's Procuracy is a legally effective decision.

8. The time limit for resolving complaints in judicial sector complies with the law regulations on the respective fields.

Article 13. Duties and procedures for resolving complaints in judicial sector

1. Duties of the units in charge of resolving complaints

a. The unit in charge of supervision and resolution of complaints and denunciations in judicial sector shall assume the prime responsibility for and coordinate with other professional units in advising and assisting the Chief Procurator to resolve complaints under the authority of the Procuracy at their level, including:

- Complaints about the procedural acts and decisions of the Chief Procurators of the lower-level Procuracies under their ambit; complaint resolution results by lower-level Procuracies under their ambit in criminal proceedings, civil proceedings, and administrative proceedings;

- Complaints as specified at Points b, c and d of this Clause or other complaints as specified by the law regulations when assigned by the Chief Procurator.

b. The unit in charge of supervision over custody, temporary detention and enforcement of criminal judgments shall assume the prime responsibility for and coordinate with the unit in charge of supervision and resolution of complaints and denunciations in judicial sector in advising and assisting the Chief Procurator in resolving complaints falling under the authority of the Procuracy at their level, including:

- Complaints with respect to the management and enforcement of custody and temporary detention;

- Complaints about the acts and decisions on management and correction of prisoners of the persons assigned to manage and correct prisoners;

- Complaints about the acts and decisions of Inspectors, Procurators, and Deputy Chief Procurators of the Procuracy at their level; acts and decisions of the Chief Procurators of the lower-level Procuracies under their ambit; complaint resolution results by lower-level Procuracies under their ambit in supervision over custody, temporary detention and enforcement of criminal judgments.

c. The unit in charge of supervision over enforcement of civil judgments shall assume the prime responsibility for and coordinate with the unit in charge of supervision and resolution of complaints and denunciations in judicial sector in advising and assisting the Chief Procurator to resolve complaints about acts and decisions of Inspectors, Procurators, and Deputy Chief Procurators of the Procuracy at their level; acts and decisions of the Chief Procurators of the lower-level Procuracies under their ambit; complaint resolution results of lower-level Procuracies under their ambit with respect to civil judgment enforcement and enforcement of administrative judgments.

d. Other professional units shall assume the prime responsibility for and coordinate with the unit in charge of supervision and resolution of complaints and denunciations in judicial sector in advising and assisting the Chief Procurator to resolve complaints within the authority of the Procuracy at their level, including:

- Complaints about the procedural acts and decisions of Inspectors, Procurators, and Deputy Chief Procurators of the Procuracy at their level in public prosecutions and supervision over the criminal adjudication.

- Complaints about the procedural acts and decisions of the investigation bodies at the same level or the bodies assigned to carry out a number of investigation activities with respect to the holding of persons in case of emergency, arrest, custody or temporary detention.

- Complaints about the procedural acts and decisions by heads of investigation bodies at the same level or heads of the bodies assigned to carry out a number of investigation activities and the procedural decisions by the investigation bodies at the same level that have been approved by the Procuracies; complaints about the resolution results by heads of investigation bodies at the same level regarding complaints about procedural decisions and acts of investigation officers, investigators, and deputy heads of investigation bodies; complaints about the resolution results by heads of the bodies assigned to carry out a number of investigation activities regarding complaints about procedural decisions and acts of deputy heads and investigation officers.

2. Responsibilities for coordination in resolving complaints

a. At the request of the unit in charge of resolving complaints, other professional units and lower-level Procuracies have the following tasks:

- Providing records and documents related to the complaint;

- Explaining in writing to the person competent to resolve the case about the complained act or decision. In cases where the lower-level Procuracy or other competent authority gives the explanations, other professional units will give written opinions on such explanations;

- Participating in verifying the complaint;

- Appraising the complaint as well as evidence and documents related to the complaint;

- Coordinating in carrying out other procedures for resolving the complaint.

b. The units in charge of resolving complaints in accordance with Points b, c, and d, Clause 1 of this Article shall be responsible for notifying the acceptance and results of complaint resolution to the units in charge of supervision and resolution of complaints and denunciations in judicial sector at the same level for monitoring and generalization.

3. Procedures for resolving complaints

a. Issue a decision to assign a person to verify the complaint. Such verification must be subject to an approved verification plan. At the end of the verification, a report on the verified results of the complaint and proposals of approaches to resolve the complaint.

b. Issue a document requesting relevant agencies, units and individuals to explain in writing the complained act or decision.

c. Issue a document requesting the competent person to apply necessary measures to prevent possible damage.

d. In cases where the verified results of the complaint and the request of the person who submits the complaint are different, a dialogue must be held with the person who submits such complaint, the complained persons, relevant agencies, organizations and individuals to clarify the complaint. Such dialogue must be conducted openly and democratically and must be recorded. Results of the dialogue serve as one of the bases for complaint resolution.

dd. Issue a decision to resolve the complaint. The decision to resolve the complaint must be sent to the person who submits the complaint, the complained person, and the competent superior Procuracy.

e. In cases where the person who submits the complaint withdraws such complaint, a decision to suspend the resolution of the complaint shall be issued and a written notice to the person who submits the complaint of the suspension of complaint resolution will be issued.

g. Forms of documents specified by the Supreme People's Procuracy shall be used in the process of resolving the complaint.

h. The resolution of the complaint must be documented. The complaint resolution documentation must include the complaint form or written complaint (if any); the decision to assign the verifier; the verification plan; documents and evidence provided by the parties; the report on verified results of the complaint; the minutes of the dialogue (if any); the decision to resolve the complaint or the decision to suspend the resolution of the complaint (if any); other relevant documents. Complaint resolution documentation must be page numbered in the order mentioned above and archived in accordance with the law regulations.

Article 14. Processing of requests to re-examine the legally effective decisions on resolution of complaints

1. Determine the types of forms, conditions for the forms to be examined and processed

a. In cases where a complaint in judicial sector has been resolved under a legally effective decision by a Procuracy but the person who submits such complaint continues to submit another complaint regarding the resolved case, it shall be identified as “written request for re-examination of the legally effective decision on resolution of the complaint.”

b. The written request for re-examination of the Procuracy’s legally effective decision on resolution of the complaint shall only be reviewed when one of the following conditions exists: the case mentioned in the form is urgent and prolonged; the case mentioned in the form shows signs of injustice or wrongdoings; the form is addressed and reviewed by the Party or State leaders; the form attracts attention from press agencies and the public; the form related to the performance of political tasks at the central or local level.

c. After determining that the form satisfies the conditions and falls under the examination authority of the Procuracy at the same level, the unit in charge of supervision and resolution of complaints and denunciations in judicial sector shall report to the Chief Procurator of the Procuracy at the same level for him/her to decide on examination. If the form falls under examination authority but is unsatisfactory to the conditions, it shall be archived for monitoring and management. If the form falls under the examination authority of another Procuracy, it shall be forwarded to such competent Procuracy in accordance with Clause 2 of this Article, and the person who sends such form shall be notified accordingly.

2. Sequence of examination

a. The written request for re-examination of the legally effective decisions on resolution of complaints by the lower-level Procuracies shall be directly examined by their superior Procuracy, unless otherwise specified at Point b of this Clause.

b. The written requests for re-examination of the legally effective decisions on resolution of complaints of the provincial-level Procuracy in public prosecutions and supervision over the  criminal adjudication; public prosecutions and supervision over judicial activities at the prosecution stage; supervision over custody, temporary detention, and enforcement of criminal judgments; supervision over enforcement of civil judgments and enforcement of administrative judgments shall be examined by the Supreme People's Procuracy.

c. The written requests for re-examination of the legally effective decisions on resolution of complaints by the Supreme People's Procuracy shall be examined by the Supreme People's Procuracy itself.

3. Procedures for examination

a. The unit in charge of supervision and resolution of complaints and denunciations in judicial sector shall assume the prime responsibility for and coordinate with relevant units in advising the Chief Procurator of the Procuracy at the same level to conduct the examination.

b. The examination can apply the following measures: re-examining the resolution documentation at the same level; requesting the lower-level Procuracy to report on the resolution and send the resolution documentation to it for examination; organizing a dialogue with the person who submits the complaint, the complained person, the person resolving the complaint and relevant agencies, organizations and individuals to obtain information which serves a basis for examination; requesting agencies, organizations and individuals to provide information, documents and evidence related to the resolution of the complaint; conducting verification, obtaining testimonies, soliciting expertise or other measures when deemed necessary.

c. At the end of the examination, the Procuracy shall carry out the following:

- If the legally effective decision on resolution of the complaint is well-grounded and lawful, the examination results shall be notified in writing to the person who submitted the complaint. If necessary, relevant agencies, organizations and individuals shall be notified accordingly.

- If the legally effective decision on resolution of the complaint is seriously contrary to the law or any new circumstance arises and fundamentally affects the previous resolution, the case shall be processed as follows:

+ In cases where the effective decision on resolution of the complaint is made by the lower-level Procuracy, the superior Procuracy hall revoke it and request the lower-level Procuracy to re-resolve the complaint;

+ In cases where the legally effective decision to resolve the complaint is made by the Supreme People's Procuracy, the Supreme People's Procuracy itself shall revoke the decision and re-solve the complaint;

+ The examination results shall be notified in writing to the person who submitted the form. If necessary, relevant agencies, organizations and individuals shall be notified accordingly.

d. Examination and notification of examination results by Procuracies at each level shall be only carried out once.

Section 2. RESOLUTION OF DENUNCIATIONS IN JUDICIAL SECTOR

Article 15. Authority and time limit for resolving denunciations in judicial sector

1. The authority to resolve denunciations in criminal proceedings complies with the Chapter on complaints and denunciations of the Criminal Procedure Code, including denunciations of law violations committed by competent persons of the Procuracies in public prosecutions and supervision over the  criminal adjudication; denunciations about law violations committed by persons competent to carry out a number of investigative activities; denunciations about law violations committed by competent persons in the holding of persons in case of emergency, arrest, custody or temporary detention at the stage of investigation or prosecution.

2. The authority to resolve denunciations in civil proceedings complies with the Chapter on complaints and denunciations of the Civil Procedure Code, including denunciations about law violations committed by competent persons of the Procuracies in supervision over judicial activities with respect to civil proceedings.

3. The authority to resolve denunciations in administrative proceedings complies with the Chapter on complaints and denunciations of the Law on Administrative Procedures, including denunciations about law violations committed by competent persons of the Procuracies in supervision over judicial activities with respect to administrative proceedings.

4. The authority to resolve denunciations in  enforcement of criminal judgments complies with the Law on Organization of the People's Procuracies and the Chapter on complaints and denunciations of the Law on enforcement of Criminal Judgments, including denunciations about law violations committed by the persons assigned to manage and correct prisoners; denunciations about the law violations committed by competent persons of the Procuracies in supervision over the enforcement of criminal judgments.

5. The authority to resolve denunciations in the management and enforcement of custody and temporary detention complies with the Law on Organization of the People's Procuracies and the Chapter on complaints and denunciations of the Law on Enforcement of Custody and Temporary Detention, including denunciations about the law violations committed by competent persons with respect to the management and enforcement of custody and temporary detention; denunciations about the law violations committed by competent persons of the Procuracies in supervision over the management and enforcement of custody and temporary detention.

6. The authority to resolve denunciations in the supervision over enforcement of civil judgments, the supervision over enforcement of administrative judgments, and the supervision over procedures for reviewing and deciding to apply administrative penalties by the People's Courts complies with the law regulations.

7. The authority to resolve denunciations of the Chief Procurators of the Procuracies at all levels in public prosecutions and supervision over the criminal adjudication is specified as follows:

a. Denunciations about law violations committed by Inspectors, Procurators, and Deputy Chief Procurators in public prosecutions and supervision over the criminal adjudication of Procuracies at any level shall be resolved by the Chief Procurators at such level, unless otherwise specified at Point b of this Clause.

b. Denunciations of law violations committed by Deputy Procurators of lower-level Procuracies in civil and administrative proceedings shall be resolved by the Chief Procurator of the competent superior Procuracy.

c. Denunciations of law violations committed by the Chief Procurators of the lower-level Procuracies in public prosecutions and supervision over judicial activities shall be resolved by the Chief Procurator of the superior Procuracy.

8. The time limit for resolving denunciations in judicial sector complies with the law regulations on the respective fields.

Article 16. Duties and procedures for resolving denunciations in judicial sector

1. Duties of the units in charge of resolving denunciations

a. The unit in charge of supervision and resolution of complaints and denunciations in judicial sector shall assume the prime responsibility for and coordinate with other professional units in advising and assisting the Chief Procurator to resolve denunciations under the authority of the Procuracy at their level, including:

- Denunciations about law violations committed by the Chief Procurators of the lower-level Procuracies under their ambit in criminal proceedings, civil proceedings, and administrative proceedings;

- Denunciations about law violations committed by the Deputy Chief Procurators of the lower-level Procuracies under their ambit in civil proceedings and administrative proceedings;

- Denunciations as specified at Points b, c and d of this Clause or other denunciations as specified by the law regulations when assigned by the Chief Procurator.

b. The unit in charge of supervision over custody, temporary detention and enforcement of criminal judgments shall assume the prime responsibility for and coordinate with the unit in charge of supervision and resolution of complaints and denunciations in judicial sector in advising and assisting the Chief Procurator in resolving denunciations falling under the authority of the Procuracy at their level, including:

- Denunciations about law violations committed by competent persons in the management and enforcement of custody and temporary detention;

- Denunciations about law violations committed by the persons assigned to manage and correct prisoners;

- Denunciations about law violations committed by Inspectors, Procurators Part Deputy Chief Procurators of the Procuracy at their level; law violations committed by the Chief Procurators of the lower-level Procuracies under their ambit in supervision over custody, temporary detention and enforcement of criminal judgments.

c. The unit in charge of supervision of civil judgment enforcement shall assume the prime responsibility for and coordinate with the unit in charge of supervision and resolution of complaints and denunciations in judicial sector in advising and assisting the Chief Procurator to resolve denunciations about law violations committed by Inspectors, Procurators, and Deputy Chief Procurators of the Procuracy at their level; law violations committed by the Chief Procurators of the lower-level Procuracies under their ambit in supervision over enforcement of civil judgments and administrative judgments.

d. Other professional units shall assume the prime responsibility for and coordinate with the unit in charge of supervision and resolution of complaints and denunciations in judicial sector in advising and assisting the Chief Procurator to resolve denunciations within the authority of the Procuracy at their level, including:

- Denunciations about law violations committed by Inspectors and Procurators at their level in criminal proceedings, civil proceedings, and administrative proceedings; Denunciations about law violations committed by the Deputy Chief Procurators of the Procuracy at their level in criminal proceedings;

- Denunciations about law violations committed by persons competent to carry out a number of investigation activities;

- Denunciations about law violations committed by competent persons in the holding of persons in case of emergency, arrest, custody or temporary detention.

2. Responsibilities for coordination in resolving denunciations

a. At the request of the unit in charge of resolving denunciations, other professional units and lower-level Procuracies have the following tasks:

- Providing records and documents related to the denunciation;

- Explaining in writing to the person competent to resolve the case about the denounced act. In cases where the lower-level Procuracy or other competent authority gives the explanations, other professional units will give written opinions on such explanations;

- Participating in verifying the denunciation;

- Appraising the denunciation as well as evidence and documents related to the denunciation;

- Coordinating in carrying out other procedures for resolving the denunciation.

b. The units in charge of resolving denunciations in accordance with Points b, c, and d, Clause 1 of this Article shall be responsible for notifying the acceptance and results of denunciation resolution to the units in charge of supervision and resolution of complaints and denunciations in judicial sector at the same level for monitoring and generalization.

3. Procedures for resolving denunciations

a. Issue a decision to assign a person to verify the denunciation. Such verification must be subject to an approved verification plan. At the end of the verification, a report on the verified results of the complaint and proposals of approaches to resolve the denunciation. Take necessary measures to prevent possible damage.

b. Issue conclusions on the denunciation; apply handling measures for the case falling under their authority or propose handling measures to competent authorities and persons. Conclusions on the denunciation must be sent to the competent superior Procuracy and the denounced person. In cases where the whistleblower requests notification of the results of the denunciation resolution, a written notification of the resolution results shall be sent to the whistleblower.

c. During the process of verifying and resolving the denunciation, if there are signs of a crime, the denunciation and related documents and evidence must be forwarded to the competent investigation body.

d. Forms of documents specified by the Supreme People's Procuracy shall be used in the process of resolving the denunciation.

dd. The resolution of the denunciation must be documented. The denunciation resolution documentation must include a denunciation form or written denunciation; the decision to assign a person to verify the denunciation; the verification plan; the report on verified results of the denunciation; conclusions of the denunciation; the document stating the application of handling measures or written proposal of the handling measures (if any); the notification of the denunciation resolution results (if any); other relevant documents. Denunciation resolution documentation must be page numbered in the order mentioned above and archived in accordance with the law regulations.

 

Chapter V

SUPERVISION OVER THE RESOLUTION OF COMPLAINTS AND DENUNCIATIONS IN JUDICIAL SECTOR

 

Article 17. Authority and duties to supervise

1. Procuracies at all levels shall supervise the resolution of complaints and denunciations in judicial sector by competent authorities at the same and lower levels in accordance with the law regulations.

2. The units in charge of supervision and resolution of complaints and denunciations in judicial sector shall assume the prime responsibility for and coordinate with other professional units in advising and assisting the Chief Procurator of the Procuracy at their level in supervision over the resolution of complaints and denunciations in criminal proceedings, civil proceedings, administrative proceedings; supervision over the resolution of complaints about the acts of competent persons of the People's Courts in applying administrative penalties.

3. The unit in charge of supervision over custody, temporary detention and enforcement of criminal judgments shall assume the prime responsibility for and coordinate with the unit in charge of supervision and resolution of complaints and denunciations in judicial sector in advising and assisting the Chief Procurator at their level to supervise the resolution of complaints and denunciations in the enforcement of criminal judgments.

4. The unit in charge of supervision over enforcement of civil judgments shall assume the prime responsibility for and coordinate with the unit in charge of supervision and resolution of complaints and denunciations in judicial sector in advising and assisting the Chief Procurator at their level to supervise the resolution of complaints and denunciations in the enforcement of civil judgments and administrative judgments.

5. Prime responsibilities for and coordination in supervision

a. Responsibilities of the unit assuming the prime responsibility for supervision:

When conducting supervision, the unit in charge of supervision shall request professional units at the same level and lower-level Procuracies to:

- Provide records and documents related to the supervision;

- Exchange opinions in person or in writing to identify signs of violations or find out violations committed by the supervised agencies;

- Choose to apply respective supervision measures and issue documents with respect to supervision activities;

- Appoint Procurators to directly supervise the resolution of complaints and denunciations in judicial sector.

b. Responsibilities of the units coordinating in supervision:

- Fulfilling promptly all requests of the unit assuming the prime responsibility for supervision.

- In case of detecting violations committed by agencies competent to resolve complaints and denunciations in judicial sector through performing professional tasks, taking the initiative to notify and promptly coordinate with the unit assuming the prime responsibility for supervision to carry out the supervision tasks in accordance with regulations.

Article 18. Supervision measures, grounds and application thereof; issuance of documents in supervision activities; examination of recommendations and protests.

1. Measures applied to supervision over the resolution of complaints and denunciations in judicial sector include:

a. Requesting competent authorities to issue documents to resolve complaints and denunciations.

b. Requesting competent authorities to examine the resolution of complaints and denunciations by themselves or their lower levels and notify the results thereof to the Procuracies.

c. Requesting competent authorities to provide records and documents related to the resolution of complaints and denunciations to the Procuracies.

d. Directly supervising the resolution of complaints and denunciations by competent authorities.

2. The supervision measures specified at Points a, b, and c, Clause 1 of this Article are applied on the following grounds:

a. There are grounds to identify signs of violation or to find out violations in resolution of complaints and denunciations in judicial sector.

b. At the request of the competent authorities.

3. The application of supervision measures is specified as follows:

a. When supervising the resolution of complaints and denunciations in criminal proceedings and executing criminal judgments, all supervision measures can be applied. In civil and administrative proceedings, the measures specified at Points a and b, Clause 1 of this Article shall be applied. In enforcement of civil judgments, the measures specified at Points a, b and c, Clause 1 of this Article shall be applied.

b. When conducting supervision over the resolution of complaints about the acts of competent persons of the People's Courts in applying administrative penalties, the Procuracies shall apply the measures specified at Points a, b and c Clause 1 of this Article.

c. A supervision measure can be applied simultaneously to specific cases and to law violations in the resolution of complaints and denunciations in judicial sector.

4. The issuance of documents in supervision activities is specified as follows:

a. After completing the supervision measures specified at Points a, b and c, Clause 1 of this Article and there are grounds for concluding that there are violations in the resolution of complaints and denunciations in judicial sector, a recommendation shall be issued.

In cases where, through studying the forms, written requests of the competent authorities or other sources of information and related records and documents, if there are sufficient grounds to conclude that there are violations in the resolution of complaints and denunciations in judicial sector, recommendations can be issued immediately without applying supervision measures.

b. The application of the direct supervision requires a decision to be issued. At the end of the direct supervision, conclusions about the results of supervision must be issued. If there are grounds to conclude that there are violations in the resolution of complaints and denunciations in judicial sector, depending on the severity of violations, further recommendations or protests shall be issued.

c. In cases where the Procuracy issues a request, recommendation, or protest but the supervised agency fails not implement it or insufficiently implement such request, recommendation, or protest, unless there is an objective reason and it is notified in writing by the supervised agency, the Procuracy shall issue a recommendation to immediate superior agency of the supervised agency to take measures to manage and push the implementation thereof, if deemed necessary.

d. When issuing documents in supervision activities, it is necessary to base on the law regulations corresponding to each field to set a specific time limit within which the supervised agencies must respond or implement them. In cases where the corresponding law regulations in each field do not specify such time limit, then proceed as follows:

- When issuing a document on application of supervision measures as specified at Point a, Clause 1 of this Article, the time limit is set at 07 working days from the date of receiving the document. In cases where there is an objective reason to extend the time limit and the supervised agency clearly notifies the reason in writing, the time limit may be 15 days from the date of receiving the document.

- When issuing a document on application of supervision measures as specified at Points b and c, Clause 1 of this Article, the time limit is set at 15 days from the date of receiving the document. In cases where there is an objective reason to extend the time limit and the supervised agency clearly notifies the reason in writing, the time limit may be 30 days from the date of receiving the document.

- When issuing a written conclusion, recommendation, or protest as specified at Points a, b and c, Clause 4 and Point b, Clause 5 of this Article, the time limit is set at 15 days from the date of receiving the document. In cases where there is an objective reason to extend the time limit and the supervised agency clearly notifies the reason in writing, the time limit may be 30 days from the date of receiving the document.

dd. Documents in the supervision over the resolution of complaints and denunciations in judicial sector and the examination of the implementation of recommendations and protests must be issued using the forms specified by the Supreme People's Procuracy.

5. Examination of the implementation of recommendations and protests is specified as follows:

a. The implementation of recommendations and protests that have been issued must all be examined, unless the recommendations are issued in accordance with Point d, Clause 4 of this Article.

b. Such examination must be subject to plans and decisions. At the end of the examination, there must be conclusions.

Article 19. Specific steps of supervision

1. Research forms or written requests from competent authorities or other sources of information and records and documents related to the resolution of complaints and denunciations in judicial sector. If necessary, work in person with the person who submits the complaint, the complained person, the whistleblower, the denounced person, and related persons to verify issues that need clarification or collect information, documents, and other necessary evidence.

2. Compare with respective law regulations to identify signs of violations or find out violations in the resolution of complaints and denunciations in judicial sector (in terms of authority, procedures, time limit and resolutions details).

3. Apply appropriate supervision measures and issue conclusions, recommendations or protests in accordance with Article 18 of this Regulation. In the process of applying supervision measures, if necessary, continue to carry out the steps specified in Clauses 1 and 2 of this Article.

4. The supervision and examination of the implementation of recommendations and protests must all be documented. Such documentation must contain all documents related to the examination or supervision issued in accordance with regulations, and other relevant documents. Such documentation must be page numbered in the order mentioned above and archived in accordance with the law regulations.

 

Chapter VI

STATE-LEVEL GOVERNANCE OVER RECEPTION OF CITIZENS, RECEIPT AND PROCESSING OF FORMS, RESOLUTION OF COMPLAINTS AND DENUNCIATIONS IN JUDICIAL SECTOR AND SUPERVISION THEREOF

 

Article 20. Aspects of state-level governance

1. Promulgate regulations, directives and guiding documents on reception of citizens, receipt and processing of forms, resolution of complaints and denunciations in judicial sector and supervision thereof.

2. Organize, guide, and inspect the implementation of directives and resolutions of the Party, laws of the State, and documents of the Procuracies on reception of citizens, receipt and processing of forms, resolution of complaints and denunciations in judicial sector and supervision thereof.

3. Provide professional training and refresher, fulfill requests from subordinates on reception of citizens, receipt and processing of forms, resolution of complaints and denunciations in judicial sector and supervision thereof.

4. Summarize practices and prepare reports on reception of citizens, receipt and processing of forms, resolution of complaints and denunciations in judicial sector and supervision thereof.

Article 21. Tasks of State-level governance

1. Within the scope of their duties, the Procuracies at all levels shall be responsible for strictly implementing the aspects of state-level governance specified in Article 20 hereof.

2. The units in charge of supervision and resolution of complaints and denunciations in judicial sector under the Procuracies at all levels shall advise and assist the Chief Procurator at their level in fully implementing the aspects of state-level governance over reception of citizens, receipt and processing of forms, resolution of complaints and denunciations in judicial sector and supervision thereof.

3. Other units under the Procuracies at all levels shall be responsible for periodically notifying the resolution results of forms on a weekly or monthly basis, and supervising the resolution of complaints and denunciations in judicial sector under their ambit to the unit in charge of supervision and resolution of complaints and denunciations in judicial sector for further report to the Chief Procurator of the Procuracy at their level.

Article 22. Reporting and notification

1. The Procurator General of the Supreme People's Procuracy shall responsible for reporting to the Party's leading agencies, the National Assembly Standing Committee, and the President; notifying the Government and the Central Committee of the Vietnam Fatherland Front about the reception of citizens, supervision and resolution of complaints and denunciations in judicial sector under the authority of the Procuracy sector in accordance with the law regulations; reporting to the National Assembly on the resolution of complaints and denunciations in judicial sector in accordance with  Article 31 of the Law on Organization of the People's Procuracies.

2. The Chief Procurator of the High-level People's Procuracy and the Chief Procurators of the provincial-level People's Procuracies shall be responsible for reporting to the Procurator General of the Supreme People's Procuracy. The Chief Procurators of the district-level People's Procuracies shall be responsible for reporting to the Chief Procurators of the provincial-level People's Procuracies on the reception of citizens, supervision and resolution of complaints and denunciations in judicial sector under their authority.

3. The Chief Procurators of the provincial-level People's Procuracies and district-level People's Procuracy shall be responsible for reporting to the People's Councils at the same level and notifying the People's Committees and the Fatherland Front Committees at the same level about the reception of citizens, supervision and resolution of complaints and denunciations in judicial sector under their authority.

4. When receiving forms forwarded by Party agencies, State-level agencies, National Assembly’s agencies, National Assembly deputies, National Assembly delegations, People's Councils, Vietnam Fatherland Front Committees, and press agencies, the Chief Procurators at all levels shall be responsible for reporting or notifying the resolution thereof to the forwarders in accordance with the law regulations.

5. Heads of units under the People's Procuracies at all levels, when preparing periodic reports, must include details about the reception of citizens, receipt and resolution of forms under their ambit.

6. The People's Procuracies at all levels must mention the reception of citizens, the resolution of complaints and denunciations in judicial sector and the supervision thereof in their briefing meetings.

 

Chapter VII

ORGANIZATION OF IMPLEMENTATION

 

Article 23. Responsibilities for implementation

1. Heads of units under the Supreme People's Procuracy, the Chief Procurator of the High-level People's Procuracy, the Chief Procurators of the provincial-level People's Procuracies, under the ambit of their duties and powers, shall be responsible for implementing, guiding and inspecting the implementation of the Regulations herein.

2. The Department of Supervision and Handling of Complaints and Crime Reports in Judicial Sector shall be responsible for advising and assisting the Procurator General of the Supreme People's Procuracy in guiding and inspecting the implementation of the Regulations herein throughout the sector.

3. The Chief Procurator of the Central-level Military Procuracy, pursuant to the Regulations herein, shall guide the implementation of the reception of citizens, receipt and processing of forms, resolution of complaints and denunciations in judicial sector, and supervision thereof in the Military Procuracy system where necessary.

Article 24. Ensuring regimes, policies, facilities and equipment for implementation

1. The Chief Procurators of the People's Procuracies at all levels shall be responsible for ensuring the necessary conditions for the effective implementation of the Regulations herein, including:

a. Arranging places to receive citizens in accordance with the law regulations.

b. Printing and issuing complete books and forms to serve the supervision and resolution of complaints and denunciations in judicial sector; fully equipping other necessary facilities to serve the supervision and resolution of complaints and denunciations in judicial sector.

2. The Department of Planning and Finance under the Supreme People's Procuracy shall be responsible for researching and proposing the arrangement of professional funds based on the development of detailed regulations on specific training regimes for officials and civil servants responsible for receiving citizens and processing forms in accordance with general regulations as well as ensuring conditions and facilities to serve the supervision and resolution of complaints and denunciations in judicial sector.

Article 25. Effect of the Regulations herein and amendments and supplements to the Regulations herein

1. The Regulations herein replace the Regulations on reception of citizens, resolution of complaints and denunciations and supervision over the resolution of complaints and denunciations falling under the authority of the Procuracies (promulgated under Decision No. 59/2006-QD-VKSTC-V7 dated February 6, 2006, of the Procurator General of the Supreme People's Procuracy) and Decision No. 487/QD/VKSTC-V7 dated September 4, 2008, of the Procurator General of the Supreme People's Procuracy assigning the task of supervising the resolution of complaints and denunciations in judicial sector to judicial agencies.

2. Amendments and supplements to the Regulations herein shall be decided by the Procurator General of the Supreme People's Procuracy.

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