The Government Inspectorate improves the quality and effectiveness of state management in citizen reception, complaint and denunciation settlement in the new situation.

Situation of complaints and denunciations in recent times

Complaints and denunciations are one of the ways to demonstrate the people's democratic rights. Therefore, paying attention to doing a good job of receiving citizens and resolving complaints and denunciations is a demonstration of democratic nature and a measure to strengthen the relationship between the people and the Party and the State.

With the attention of the Party, the State and the political system, up to now, Vietnam has had a fairly complete legal system to serve the work of receiving citizens, handling complaints and denunciations, such as: Law on Complaints 2011, Law on Citizen Reception 2013, Law on Government Organization 2015, Law on Organization of Local Government 2015 (amended and supplemented in 2019), Law on Denunciation 2018 and documents guiding the implementation... Thereby, the viewpoints and policies of the Party and State on the work of receiving citizens, handling petitions and letters, handling complaints and denunciations have been institutionalized. Party committees and authorities at all levels have seriously implemented Directive No. 35-CT/TW, dated May 26, 2014, of the Politburo, on strengthening the leadership of the Party in the work of receiving citizens and handling complaints and denunciations; Regulation No. 11-QDi/TW, dated February 18, 2019, of the Politburo, “On the responsibility of the head of the Party Committee in receiving citizens, having direct dialogue with citizens and handling their reflections and recommendations”. Therefore, the work of receiving citizens, handling petitions and letters, resolving complaints and denunciations is increasingly effective, contributing to maintaining security, order and socio-economic development in each locality and the whole country.

In addition to the achieved results, the situation of complaints and denunciations in some localities in recent times has remained complicated, especially at the time of important political events, such as party congresses at all levels, elections of National Assembly deputies and People's Council deputies at all levels. Some cases and incidents of mass complaints with indignant and harsh attitudes have focused on the Central Government. Notably, some mass citizen groups have been closely linked, organized and supported with food and money from a number of organizations and individuals. In some cases and incidents, conflicts have arisen between the people and the government, between the people and investors; many projects, due to the impact of the situation of complaints and denunciations, have been behind schedule, lasting for many years. The situation of complaints and denunciations has negatively impacted the psychology and actions of some officials, the social life and trust of a significant number of people. Worryingly, complaints and denunciations are being exploited by hostile forces to incite, distort, and defame, affecting security and order and potentially destabilizing politics and society in some localities.

The above situation occurs due to many reasons, some of the main reasons are:

- Recently, local authorities have implemented many projects, reclaimed land from people to hand over to investors to carry out projects to build urban areas, trade, tourism , services, industrial parks, industrial clusters, roads, irrigation works, etc., but policies related to the interests of land users still have some shortcomings, not close to reality.

- Policies and laws in all fields, especially on land, are still limited, inadequate, and have loopholes, which are being exploited by some officials for corruption, negativity, profiteering, and illegal enrichment. The direction, administration, and management of the state in some localities, ministries, and branches are still weak, especially in land management.

- In the process of implementing projects, many localities have not done a good job of propaganda, mobilization, persuasion, explanation, and reconciliation right from the grassroots level, and have not focused on resolving complaints right from the beginning. Party committees and authorities in some places have not attached importance to leadership and direction, and have not fully promoted the combined strength of the entire political system in preventing and resolving complaints and denunciations.

- The work of receiving citizens, handling complaints and denunciations still has some weaknesses. Violations of the law, corruption and negativity occur in many places, sometimes very seriously, but are not detected in time, not handled strictly, there are even situations of cover-up and tolerance...

In that situation, as a state management agency for citizen reception, complaint and denunciation settlement, the Government Inspectorate has advised and proposed to the Party and State many solutions to meet the requirements of the new situation, while proactively implementing its assigned functions and tasks. Thereby, gradually improving the quality and effectiveness of state management for citizen reception, complaint and denunciation settlement.

Deputy Inspector General of the Government Duong Quoc Huy chaired a regular citizen reception_Photo: thanhtra.gov.vn

The role of the Government Inspectorate in receiving citizens, handling complaints and denunciations

The Government Inspectorate directly performs the function of state management of citizen reception, handling of petitions and letters, and settlement of complaints and denunciations in the administrative field. After advising the Government to submit to the National Assembly the Law on Citizen Reception, the Law on Complaints and the Law on Denunciations, the Government Inspectorate has implemented many measures to make law enforcement increasingly effective, while also performing well in the role of state management in the field of citizen reception, settlement of complaints and denunciations in accordance with the provisions of law. Every year, the Government Inspectorate, based on the Government's work program, the situation of petitions and letters of complaints and denunciations from citizens nationwide and pressing issues of public concern, develops an inspection program orientation for submission to the Prime Minister for approval, including the content of citizen reception, settlement of complaints and denunciations. On that basis, the Government Inspectorate develops work programs and plans, and at the same time guides ministries, branches and localities to develop work programs and plans for inspection and settlement of complaints and denunciations in line with the direction of the Party Central Committee, the Government and the Prime Minister, focusing on directing the resolution of outstanding issues arising in state management and socio-economic management. Every quarter, every 6 months and every year, the Government Inspectorate synthesizes the situation and results of citizen reception, settlement of complaints and denunciations nationwide, recommends measures to improve the effectiveness of this work to the Government and the National Assembly for consideration and proposes solutions in leadership, direction and administration.

When the situation of complaints and denunciations became complicated and could affect security and order, the Government Inspectorate advised the Politburo, the Secretariat, and the Government to issue resolutions and directives to adjust and establish inter-sectoral working groups of the Central Government to conduct inspections, urge, propose measures to rectify and strengthen the handling of complaints and denunciations of citizens. The leaders of the Government Inspectorate also directly received citizens in localities where there were complicated cases; inspected the responsibility for handling complaints and denunciations in provinces, centrally-run cities, ministries and branches, especially in places where the situation of complaints and denunciations was complicated and many cases arose, thereby actively contributing to helping all levels and branches resolve many outstanding, complicated and prolonged complaints and denunciations.

The Government Inspectorate has issued plans to review, urge, and inspect mass, complicated, and prolonged complaints and denunciations and conduct reviews of each case. During the inspection and review of cases and matters, it has considered them objectively, in compliance with the law, and assessed the impact and effectiveness of the settlement process by competent authorities from the order, legal procedures, historical conditions, local practices, and applied policies and laws.

Listening to people's opinions, promoting the responsibility of Party committees and authorities at all levels in receiving citizens, resolving complaints and denunciations to create social consensus (in photo: People of Me Linh district (Hanoi city) happily receive support for site clearance for the Ring Road 4 project)_Photo: kinhtedothi.vn

Forecasting the situation of complaints and denunciations and some solutions to improve the effectiveness of citizen reception and complaint and denunciation settlement in the coming time

In the coming time, the situation of complaints and denunciations will continue to develop complicatedly and mainly focus on the land sector, in localities and areas where a lot of land is recovered from people to implement socio-economic development projects. Mass and complicated complaints will arise in places where land recovery, compensation and site clearance are not done well, and where due attention is not paid to the work of mobilizing, persuading and resolving citizens' complaints and denunciations. The habit and mentality of complainants still want to be resolved according to administrative procedures, not wanting to be resolved in court, therefore, the work of resolving complaints mainly focuses on the responsibility of state administrative agencies at all levels.

Complaints, denunciations, and disputes related to corporate bonds, insurance, and real estate business for tourism real estate projects and commercial housing will continue to be extremely complicated because the legal regulations related to these fields are not really consistent, posing many potential risks, leading to disputes. Complaints and denunciations related to the environmental field continue to increase, especially for production and business establishments using raw materials, emissions, and wastes that pollute the environment near residential areas. In the judicial field, the consideration of petitions for review and retrial tends to increase, requiring the improvement of institutions, organizations, and apparatus of judicial agencies, contributing to improving the effectiveness and efficiency of judicial activities.

The number of mass, intense, and complicated complaints and denunciations tends to increase. The situation of abusing the right to complain, denounce, freedom, and democracy to incite and entice complainants to oppose and sabotage the regime, and call for intervention from hostile forces from outside continues to increase.

To improve the effectiveness of citizen reception, complaint and denunciation settlement, it is necessary to focus on implementing the following solutions:

Firstly , strengthen and promote the responsibility of Party committees at all levels in the work of receiving citizens, handling complaints and denunciations. Party committee secretaries must directly lead, direct and assign responsibilities to comrades in the Party committee's standing committee to monitor and direct the work of handling complaints and denunciations. People's Councils need to have specialized supervision on improving the effectiveness of citizen reception, handling petitions and letters, handling complaints and denunciations, and handling administrative cases at the local level; linking the handling of complaints and denunciations with administrative reform, the fight against corruption and negativity, practicing thrift, and combating waste, considering the effectiveness of handling complaints and denunciations as an important criterion to evaluate the capacity and effectiveness of the work of Party committees, heads of agencies, units, and cadres and civil servants.

Second , state administrative agencies need to overcome weaknesses, improve management effectiveness and efficiency to limit the occurrence of complaints and denunciations, especially in the management and use of land, mineral resources, bidding, public investment, construction investment, financial management, budget, public assets, implementation of social policies... Implement well the compensation, support, resettlement, and job creation for people whose land is recovered, ensuring compliance with regulations on authority, order, procedures, publicity, transparency, democracy, and fairness; harmoniously resolve the relationship of interests between land users, the State, and investors. Strengthen inspection of compliance with land laws, resolutely recover land that has been allocated or leased to the wrong subjects, not used within the prescribed time or used ineffectively, or used for the wrong purposes; promptly and strictly handle violations of land laws, corruption, and negativity.

Third , the chairmen of the People's Committees at all levels, where there are many citizens who petition to cross the level, must proactively coordinate with the central authorities to mobilize citizens to return to their localities for consideration and resolution. At the same time, they must directly organize dialogues with the complainants and denouncers to ensure publicity and democracy to clarify the content of the case, fully consider the legal and practical factors of the case, to propose a definitive solution; promptly report and ask for instructions from the superior authorities on the problems, not to avoid or shirk responsibility. For complaints and denunciations related to religion, ethnicity or politically sensitive issues, it is necessary to consider carefully, fully, and cautiously to propose solutions based on regulations, not to let hostile forces and political opportunists take advantage. Fight to prevent, differentiate and strictly handle according to the law cases of taking advantage of the right to complain and denounce to cause disturbances, insult, resist people on duty or assist hostile forces and political opportunists to sabotage the Party and State.

Fourth , the Government Inspectorate continues to guide and direct the inspection of ministries, branches, provinces and centrally-run cities to preside over and focus on reviewing complicated and prolonged cases. After reviewing, it is necessary to classify the nature of each case and issue, and propose a handling direction in the spirit that: if the settlement is incorrect or unreasonable, it must be adjusted and corrected according to the principle of ensuring compliance with policies and laws, protecting the rights and legitimate interests of citizens, and in accordance with the common interests of society and the community; if the settlement is in accordance with the law, measures must be taken to ensure the implementation of the settlement decision and widely notify relevant agencies and organizations, seek the consensus of public opinion and the masses where the complainant resides to explain and encourage the complainant to comply.

Fifth , the Government Inspectorate, ministries, branches and People's Committees of provinces and centrally run cities shall strengthen inspection, supervision and guidance on the implementation of the law on complaints and denunciations; focus on supervising and inspecting the implementation of conclusions and decisions on handling complaints and denunciations, especially decisions on handling complaints that have come into legal effect. Step up propaganda and dissemination of the law on complaints and denunciations. Promote the role of the Fatherland Front and its member organizations in mediation work; improve the quality of mediation at the grassroots level; have policies to support and facilitate mediation activities, actively contributing to resolving disputes right at the grassroots level. Continue to strengthen the inspection organization at all levels and branches, perfect the organization and apparatus for public reception work. Build a team of inspectors to ensure sufficient quantity and quality, effectively advise the Party Committee and government to properly resolve citizens' complaints and denunciations in accordance with the law on complaints and denunciations.

Sixth , localities must strengthen land management, focusing on planning, land use planning; land recovery, land allocation, land lease, and land use conversion. Strengthen inspection and examination of the implementation of land use planning and plans; resolutely recover land that has been allocated or leased but not to the right subjects, not used, used ineffectively, or used for the wrong purposes. Promptly and strictly handle violations of land laws, negative cases, and land corruption by officials and civil servants.

Carry out compensation, support and resettlement well when the State acquires land, focusing on transparency, democracy, fairness, ensuring the rights and interests of people whose land is acquired. Pay attention to well implementing resettlement, creating jobs for people whose land is acquired; harmoniously handle the relationship of interests between land users, the State and investors.

Seventh , promote the combined strength of the entire political system in handling complaints and denunciations. Promote the leadership role of Party committees at all levels; the management, direction, operation, reception of citizens, and decision-making role of authorities at all levels; the advisory role in receiving citizens, handling petitions and letters, and handling complaints and denunciations of sectors; the supervisory role of People's Councils at all levels, the Fatherland Front, and socio-political organizations in each locality. Focus on doing well the work of mediation at the grassroots level in conjunction with mass mobilization work, actively mobilizing people to comply with the Party's guidelines and policies, the State's policies and laws, thereby limiting the number of complaints and denunciations that are not in accordance with regulations.

Effectively exploit and use the National Database system on handling complaints and denunciations, ensure data connection nationwide and interconnectivity throughout the system of agencies of the Party, National Assembly, Government, judicial agencies and the Vietnam Fatherland Front; pilot the model of online citizen reception.

Heads of state administrative agencies must regularly review and grasp the situation of complaints and denunciations within the scope of management of the sector, locality, agency, and unit to promptly and thoroughly resolve them right from the place where the case or matter arises. The head (deputy head) of a state administrative agency must receive citizens according to regulations; concentrate forces to resolve large-scale, complicated complaints and denunciations right from the moment they arise. During the resolution process, it is necessary to clarify the causes of complaints and denunciations to rectify state management work, determine responsibilities, and strictly handle irresponsible officials and civil servants.

For cases and matters that have been resolved beyond the legal authority, it is necessary to study, apply or propose support measures to encourage and persuade citizens to stop filing complaints. The People's Committees of provinces and cities continue to establish working groups, proactively coordinate with the Government Inspectorate and relevant ministries and branches at the central level to review, inspect, and propose solutions to completely resolve outstanding cases and matters. Focus on directing the implementation of decisions on handling complaints and decisions on handling denunciations that have come into legal effect. During the implementation process, if any errors or unreasonableness are discovered, it is necessary to resolutely adjust, correct, and have other solutions to ensure the rights of citizens and end complaints.

Strengthen public service inspection and inspection of responsibility for handling complaints and denunciations against heads of state administrative agencies and responsible officials and civil servants, focusing on sectors, localities, agencies and units where many complaints and denunciations occur, or the quality and effectiveness of handling complaints and denunciations are still low, and do not comply with instructions from superiors.

Eighth , ensuring security and order in handling complaints and denunciations. Accordingly, ministries, sectors, and local authorities at all levels need to focus on grasping the situation of complaints and denunciations, proactively detecting complaints and denunciations that show signs of negatively affecting security and order in order to resolve them immediately at the grassroots level, not allowing them to become "hot spots". In particular, the Ministry of Public Security needs to strengthen the direction of local police forces to grasp the situation and differentiate the leaders, instigators, and inciters of petitioners to cause disturbances and riots in order to have effective handling measures./.

Source: https://tapchicongsan.org.vn/web/guest/chinh-tri-xay-dung-dang/-/2018/1081602/thanh-tra-chinh-phu-nang-cao-chat-luong%2C-hieu-qua-quan-ly-nha-naoc-ve-cong-tac-tiep-cong-dan%2C-giai-quyet-khieu-nai%2C-to-cao-trong-tinh-hinh-moi.aspx