This Circular applies to agencies, units, soldiers, reserve soldiers during combat readiness training, defense workers, contract workers and other subjects managed by the military; agencies, organizations and individuals outside the military related to complaints about administrative decisions and administrative acts of agencies, units or competent persons in the military.
General Phan Van Giang, Minister of National Defense
PHOTO: PHAM THANG
The Circular also clearly stipulates the authority to resolve complaints at all levels, from regimental commanders, brigade commanders and equivalent levels to resolve complaints for the first time, to division commanders, department directors, Directors of the Military Medical Academy and equivalent levels with the authority to resolve complaints for the first and second time.
Higher levels such as the Commander of an army corps, army corps, service branch, Commander of the Vietnam Coast Guard Command, Chief of the General Staff, Director of the General Department of Politics , and Directors of general departments are also authorized to resolve first and second complaints against subjects under their management.
In particular, the Minister of National Defense has the authority to resolve first-time complaints about his/her administrative decisions and administrative acts; to resolve second-time complaints about administrative decisions and administrative acts of the commanders of agencies and units directly under his/her management that have been resolved for the first time but are still being complained about, or the first-time complaints have expired but have not been resolved.
Resolving second-time complaints about administrative decisions and administrative acts of provincial-level People's Committee Chairmen with contents under the state management authority of the Ministry of National Defense that have been resolved for the first time but still have complaints or the first-time complaints have expired but have not been resolved; resolving disputes over the authority to resolve complaints between agencies and units under the Ministry of National Defense.
Regarding the process of 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, studying and handling complaints under the authority of the Minister of National Defense. If the complaint does not meet the conditions as prescribed in Article 11 of the Law on Complaints, it shall provide guidance or issue a written response to the complainant stating the reasons. If the complaint meets the conditions for acceptance and settlement, it shall be responsible for reporting and proposing for the Minister of National Defense to decide on consideration and settlement.
The commanders of agencies and units that receive complaints under the jurisdiction of the Minister of National Defense shall forward them to the Inspectorate of the Ministry of National Defense for study and handling. The Inspectorate of the Ministry of National Defense shall be responsible for assisting the Minister in receiving, studying and handling complaints under the jurisdiction of the Minister of National Defense (except for complaints about the Party and complaints related to decisions and procedural actions).
In case the case is complicated and involves many 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 proposals for the Minister of National Defense to consider and decide on the settlement.
The Department of Legal Affairs of the Ministry of National Defense and relevant agencies and units shall coordinate with the Inspectorate of the Ministry of National Defense to research and propose legal assistance to the Minister in considering and resolving complaints under the Minister's authority.
Source: https://thanhnien.vn/quy-dinh-moi-ve-tham-quyen-giai-quyet-khieu-nai-cua-bo-truong-bo-quoc-phong-185250715203401325.htm
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