The Chairman of the Provincial People's Committee must receive and listen to opinions and direct agencies to resolve them.
According to the Government 's Submission, the draft Law amending and supplementing a number of articles of the Law on Citizen Reception, the Law on Complaints, and the Law on Denunciations has omitted regulations related to the district level in the work of receiving citizens and handling denunciations because the district-level authorities have ceased operations since July 1, 2025. The draft Law also completes the advisory mechanism at the provincial, ministerial, and branch levels, while enhancing the responsibility of heads of advisory agencies at the commune level.
At the same time, amend the regulation in the direction that the Chairman of the People's Committee at the commune level directly receives citizens periodically at the citizen reception location at least 2 days a month (Clause 2, Article 15 of the current Law stipulates receiving citizens at least 1 day a week). This regulation is amended to suit the current larger scale of the commune level than before, the scope of management is more decentralized and delegated.
Regarding decentralization and authorization in handling complaints, denunciations and receiving citizens, Vice Chairwoman of the National Assembly Nguyen Thi Thanh said that the Law on Organization of the Government and the Law on Organization of Local Governments have stipulated that the competent entities are decentralized and authorized, except in cases where the law stipulates that decentralization and authorization are not allowed. However, the Vice Chairwoman of the National Assembly also emphasized that handling complaints, denunciations and receiving citizens are areas where the law clearly defines the competent entities to handle. On the other hand, handling complaints and denunciations is directly related to human rights and citizens' rights.
“In reality, in recent times, the problem in handling complaints and denunciations has been largely due to the fact that the responsible person does not directly follow the regulations but often delegates the authority to the deputy, or even the authority of the delegate, leading to the petitions and cases being prolonged and the number of cases being resolved not being as expected.” Given this reality, the Vice Chairman of the National Assembly suggested that the draft Law should clearly stipulate whether or not it is permissible to delegate authority in receiving citizens in order to effectively handle complaints and denunciations, and to the right subjects according to regulations.
Emphasizing that "receiving citizens must first ensure proper implementation of processes and procedures, but regarding quality, it must be carried out directly by the person with the authority to resolve the issue", Chairman of the Delegation Work Committee Nguyen Thanh Hai said that the law stipulates that whoever receives citizens must receive them and must be the person with the authority to resolve the issue, because if someone else receives them, they will only report back.
"The Chairman of the Provincial People's Committee receives citizens one day a month, he must receive and listen to opinions, and direct the agencies to resolve them. If the Vice Chairman of the Provincial People's Committee is authorized to receive and resolve them, or even "delegate the authority of authorization" to the department director, it will be difficult to be effective, because these officials are only advisors. The responsibility of the leader is very high and the authority of the leader to resolve issues is very important. We need to be very determined," the Chairman of the Delegation Work Committee suggested.
On the other hand, according to the Chairman of the Delegation Work Committee, the reality of monitoring the reception of citizens and the settlement of complaints and denunciations in many provinces and cities has recorded that the situation of delegation of authority occurs frequently and affects the quality of the reception of citizens. People have to travel many times because they cannot meet the leader. Meanwhile, when they meet the leader, the matter is resolved in just 15-20 minutes. Therefore, it is necessary to legalize the reception of citizens and absolutely require that delegation of authority is not allowed.
Chairman of the Committee Nguyen Thanh Hai also suggested that it is necessary to consider reducing the number of days for the Chairman of the Commune People's Committee to receive citizens. The commune and ward levels are now larger and wider, but the commune level is not an intermediate level of government. Eliminating the intermediate level also allows people to have more access to the government. The commune level must be closer to the people, and the draft Law stipulates that the number of days for the Chairman of the Commune People's Committee to receive citizens is reduced by half compared to the current level. Is it reasonable? It needs to be carefully considered (?).
"The spirit of the draft Law is not to delegate authority in receiving citizens"
Speaking at the meeting, Vice Chairwoman of the Hanoi People's Council Pham Thi Thanh Mai also noticed that the person responsible for receiving citizens under the People's Committee is currently delegating a lot of authority. However, based on local reality, the Vice Chairwoman of the Hanoi People's Council said that if there is a "rigid" regulation on the time when the Chairman of the Provincial and Commune People's Committee receives citizens within a month, it will easily lead to the risk of violations.
The reason, according to the Vice Chairman of the Hanoi People's Council, is that the current Chairman of the Commune People's Committee takes on a very large responsibility, so it is necessary to regulate how many times the Chairman of the Commune People's Committee must directly meet with the people, and can also delegate or delegate authority based on specific cases. "Such a regulation both ensures the principle that the main subject is the Chairman of the Commune People's Committee who must meet with the people, but also has a certain degree of flexibility and openness," the Vice Chairman of the Hanoi People's Council suggested.
Citing the reality of the Supreme People's Procuracy, Deputy Chief Justice Nguyen Duy Giang said that although there are regulations, complaints at the provincial level must first be received by the department level. If they do not agree, they will be sent to the deputy chief justice and if they continue to disagree, they will be sent to the chief justice for resolution. "There must be a filter. If all cases are sent to the chief justice to receive citizens, there will not be enough time to do it." Noting this, Deputy Chief Justice Nguyen Duy Giang suggested that the provisions of the draft Law must ensure feasibility in practice.
Explaining this content, Deputy Inspector General of the Government Le Tien Dat affirmed, "The spirit of the draft Law is not to delegate authority in receiving citizens". The head must periodically receive citizens in accordance with regulations. The draft Law only adds provisions on cases where the Prime Minister delegates authority to the Inspector General of the Government in handling complaints. "The draft Law only has one content on this delegation, it does not stipulate other delegation content in receiving citizens", the Deputy Inspector General of the Government clearly stated.
Regarding the number of days for the Chairman of the People's Committee of the commune to receive citizens, the Deputy Inspector General of the Government said that with the current two-level local government model, the scale of management at the commune level is larger, the management field is wider, and there is more decentralization and delegation of authority. Therefore, to suit the actual situation, the draft Law proposes to reduce the number of days for the Chairman of the People's Committee of the commune to receive citizens. Otherwise, the current commune level has many tasks that will easily lead to the situation of delegating the authority to receive citizens, which is not in accordance with the provisions of the Law and does not ensure the spirit of the rule of law.
Regarding this content, Vice Chairman of the National Assembly Tran Quang Phuong stated that the draft Law stipulates that the Chairman of the People's Committee at the provincial and communal levels receives citizens 1 or 2 days per month, and is not allowed to delegate authority to do so. However, in dealing with specific cases, the head can delegate authority and the Government needs to provide detailed instructions for uniform implementation.
Source: https://daibieunhandan.vn/du-thao-luat-sua-doi-bo-sung-mot-so-dieu-cua-luat-tiep-cong-dan-luat-khieu-nai-luat-to-cao-chu-cich-ubnd-tinh-xa-khong-duoc-uy-quyen-tiep-cong-dan-10390206.html
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