New regulations on the authority of the Minister of National Defense to handle complaints.

This Circular applies to agencies, units, military personnel, reserve military personnel during combat readiness training, defense workers, contract workers, and other subjects managed by the military; and agencies, organizations, and individuals outside the military involved in complaints against administrative decisions and actions of agencies, units, or authorized persons within the military.

Quy định mới về thẩm quyền giải quyết khiếu nại của Bộ trưởng Bộ Quốc phòng- Ảnh 1. — General Phan Van Giang, Minister of National Defense

The circular also clearly stipulates the authority to handle complaints at various levels, from regimental commanders, brigade commanders and equivalent levels handling initial complaints, to division commanders, department heads, directors of the Military Medical Academy and equivalent levels having the authority to handle both initial and second-level complaints.

Higher-ranking officials such as the Commander of the Corps, Division, and Branch of Service, the Commander of the Vietnam Coast Guard Command, the Chief of the General Staff, the Head of the General Political Department, and the Heads of various General Departments are also authorized to handle first and second-level complaints from subjects under their management.

Specifically, the Minister of National Defense has the authority to resolve first-instance complaints against his/her own administrative decisions and actions; and to resolve second-instance complaints against administrative decisions and actions of subordinate commanders of agencies and units under his/her direct management that have been initially resolved but are still subject to further complaints, or where the initial complaint has expired but remains unresolved.

Resolving second-level complaints against administrative decisions and actions of provincial People's Committee chairmen that fall under the state management authority of the Ministry of National Defense, which were initially resolved but remain subject to further complaints, or where the initial complaint deadline has expired but the complaint has not yet been resolved; resolving disputes regarding the jurisdiction for handling complaints between agencies and units under the Ministry of National Defense.

Regarding the process for receiving and handling complaints under the authority of the Minister of National Defense, according to the circular, the Inspectorate of the Ministry of National Defense is responsible for assisting the Minister in receiving, researching, and handling complaints within the Minister's jurisdiction. If the complaint does not meet the conditions stipulated in Article 11 of the Law on Complaints, guidance or a written response will be provided to the complainant clearly stating the reasons. If the complaint meets the conditions for acceptance and resolution, the Inspectorate is responsible for reporting and proposing a solution for the Minister of National Defense to decide on its handling.

Commanders of agencies and units receiving complaints falling under the jurisdiction of the Minister of National Defense shall forward them to the Inspectorate of the Ministry of National Defense for review and processing. The Inspectorate of the Ministry of National Defense shall be responsible for assisting the Minister in receiving, reviewing, and processing complaints within the Minister's jurisdiction (except for complaints concerning the Party and complaints related to decisions and procedural actions).

In complex cases involving multiple agencies and units, the Chief Inspector of the Ministry of National Defense shall preside over and coordinate with relevant functional agencies to discuss and agree on a proposal for the Minister of National Defense to consider and decide on the resolution.

The Legal Department of the Ministry of National Defence and related agencies and units, in coordination with the Inspectorate of the Ministry of National Defence, will research and propose legal solutions to the Minister regarding the handling of complaints falling under the Minister's jurisdiction.

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