Accordingly, Circular No. 04/2021/TT-TTCP includes some of the following notable contents:
1. The purposes of receiving citizens include: (i) Guiding citizens to exercise their right to complain, denounce, petition, reflect the law, contribute to propagating and disseminating laws. (ii) Receiving complaints, denunciations, petitions and reflections falling under the jurisdiction of the heads of agencies and units for consideration and settlement in accordance with law.
2. The refusal to receive citizens shall comply with the following provisions:
(i) The person receiving the citizen may refuse to receive the citizen in the cases specified in Clause 1 and Clause 2, Article 9 of the Law on Reception of Citizens (in 02 cases: Persons in a state of intoxication due to drug use, persons with mental illness or another disease impair their cognitive ability or ability to control their acts; Persons who commit acts of threatening or insulting agencies, organizations, units, persons receiving citizens, persons on duty or committing other acts of violating the rules of the place of receiving citizens) and must explain to citizens the reasons for refusal, and report to the person in charge of receiving citizens.
(ii) In case of refusal to receive citizens as prescribed in Clause 3, Article 9 of the Law on Reception of Citizens (which is the case: The complainant or denunciation of the case has properly settled the policies and laws, is examined, reviewed and notified in writing by competent state agencies and has been received, explaining and guiding but still deliberately complaining and denouncing prolonged), the head of the agency or unit in charge of receiving citizens issued a notice refusing to receiving citizens.
3. The process of receiving complainants, suitors and petitioners includes:
(i) Identifying the identity of the complainants, suitors and petitioners and legality as prescribed by the representative in accordance with law.
(ii) Receiving complaints, denunciations, petitions:
- In case the citizen comes to present directly and does not have an application, the receptionist shall instruct the citizen to write a complaint, denunciation, petition, or record the full, honest and accurate contents of the citizen's presentation; any contents that are unclear, the citizen shall be asked to present more, then re-read it to the citizen and ask them to sign or point only confirmation into the text.
- In case the citizen comes to present and has an application with a specific and clear content, can clearly determine the nature of the case and the competent authority shall settle it, the receptionist shall instruct the citizen to send the application to the competent authority for consideration, resolved in accordance with the law.
+ In case many people come to complain, denounce, petition the same content, the receptionist instructs them to send a representative to present; record the presentation content and ask the representative to sign or point only confirmation into the document.
+ In case citizens present many contents, both with complaints and denunciations, petitions, the receptionists shall guide citizens to make complaints, denunciations, petitions in accordance with law.
(iii) Classification and handling of complaints, denunciations, and petitions
- The classification and handling of complaints, denunciations and petitions shall be based on the written contents of presentations or applications of citizens and comply with Circular No. 05/2021/TT-TTCP.
- In case the contents of complaints, denunciations, petitions are not in the jurisdiction of the citizen reception agencies or units, the receptionists shall instruct citizens to write applications to competent agencies and organizations for settlement.
- In case the contents are in the jurisdiction of their agencies or units, the persons receiving citizens shall receive information and documents to report to competent persons for settlement. If the citizen provides information, documents and evidence related to complaints, denunciations, petitions, the person receiving the citizen shall consider receiving such information, documents, and evidence. The receipt of information, documents and evidence shall be carried out by receipt according to Form No. 02 issued together with Circular No. 04/2021/TT-TTCP...
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Circular No. 04/2021/TT-TTCP takes effect from November 15, 2021 and replaces Circular No. 06/2014/TT-TTCP.
For more information, please see:
