Luật Khiếu nại văn bản tiếng Anh - the Law on Complaints of Vietnam
THE NATIONAL ASSEMBLY
------- |
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness |
Law No.
02/2011/QH13
|
LAW
ON COMPLAINTS
Pursuant
to the 1992 Constitution of the Socialist Republic of Vietnam, which was
amended and supplemented under the Resolution No. 51/2001/QH10;
The
National Assembly promulgates the Law on Complaints.
Chapter 1
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law
regulates on complaints and settlement of complaints against administrative
decisions or acts of state administrative agencies or competent persons in
these agencies; complaints and settlement of complaints related to disciplinary
decisions against cadres or civil servants; reception of citizens; management
and supervision of complaint settlement work.
Article 2. Interpretation of terms
In this Law,
the terms below are construed as follows:
1. Complain
means that a citizen, agency, organization, cadre or civil servant, according
to the procedures prescribed in this law, requests a competent agency,
organization or person to review an administrative decision or act of a state
administrative agency or competent person in such agency, or a disciplinary
decision against a cadre or civil servant when having grounds to believe that
such decision or act is unlawful and infringes upon his/her/its rights and
lawful interests.
2. Complainant
means a citizen, agency, organization, cadre or civil servant who exercises the
right to complaint.
3. Withdrawal
of a complaint means that a complainant requests a competent agency,
organization or person to terminate his/her/its complaint.
4. Agencies
or organizations entitled to complaint mean state agencies, political
organizations, socio-political organizations, social organizations,
socio-professional organizations, economic organizations and people's armed
forces units.
5. The
complained subject means a state administrative agency or a competent person in
this agency that has issued an administrative decision or committed an
administrative act which is complained; a competent agency, organization or
individual that has issued a decision disciplining a cadre or civil servant
which is complained.
6. Complaint
settler means an agency, organization or person that is competent to settle
a complaint.
7. Persons
with related rights and obligations mean individuals, agencies or
organizations that are neither a complainant nor the complained subject but the
complaint settlement is related to their rights and obligations.
8. Administrative
decision means a document which is issued by a state administrative agency
or a competent person in such agency to decide on a specific issue in state
administration management activities and is applied once to one or several
specific subjects.
9. Administrative
act means an act of a state administrative agency or a competent person in
such agency of performing or failing to perform a task or official duty as
prescribed by law.
10. Disciplinary
decision means a written decision issued by the head of an agency or
organization in order to apply one of forms of disciplining against a cadre or
civil servant under his/her management under the law on cadres and civil
servants.
11. Complaint
settlement means the acceptance, verification, conclusion and issuance of a
decision on complaint settlement.
Article 3. Application of the law on complaints and settlement
of complaints
1. Complaints
of foreign agencies, organizations and individuals in Vietnam and settlement of
these complaints comply with this Law, unless otherwise provided for by treaties
to which the Socialist Republic of Vietnam is a contracting party.
2. Complaints
and settlement of complaints against administrative decisions or administrative
acts in public non-business units and state enterprises comply with this Law.
The
Government shall specify this Clause.
3. Based on
this Law, competent bodies of political organizations, socio-political
organizations, social organizations and socio-professional organizations guides
complaints and settlement of complaints within their bodies or organizations.
4. Based on
this Law, the Supreme People's Court, Supreme People's Procuracy, State Audit,
National Assembly Office, President Office and other state agencies regulate
complaints and settlement of complaints within their agencies.
5. In case another
law otherwise provides for complaints and settlement of complaints, such law
will prevail.
Article 4. Principle of making complaints and settlement of
complaints
The making
complaints and settlement of complaints must comply with law; ensure objectiveness,
publicity, democracy and timeliness.
Article 5. Responsibilities for settlement of complaints and
coordinate in settling complaints
1. Agencies,
organizations and individuals shall, within the scope of their functions, tasks
and powers, promptly and lawfully receive and settle complaints and strictly
handle offenders; apply necessary measures to prevent potential damage; assure
for complaint settlement decisions to be strictly executed and take
responsibility before law for their decisions.
2. Concerned
agencies and organizations shall coordinate with competent agencies,
organizations and individuals in settling complaints; supplying information and
documents relating to complaints at the request of these competent agencies,
organizations and individuals.
3. Agencies,
organization and individuals shall check and review their administrative
decisions or acts or disciplinary decisions, and promptly modify or remedy
these decisions or acts that are illegal, to avoid arising complaints.
The State
encourages reconciliation of disputes among agencies, organizations and
individuals before competent agencies, organizations or persons settle such
disputes.
Article 6. Prohibited acts
1.
Obstructing or causing troubles to persons exercising the right to complain;
threatening, revenging or retaliating complainants.
2. Showing
irresponsibility in settling complaints; refusing to settle complaints;
falsifying information, documents and dossiers of complaint case; intentionally
settling complaints at variance with law.
3. Have
decision on complaint settlement which is not in the form of written decision.
4. Covering
up the complained subjects or illegally intervening in the complaint
settlement.
5.
Intentionally making untruthful complaints.
6. Provoking,
instigating, forcing, inducing, buying off or dragging other people to gather
in masses for making complaints, disturbing security and order at public
places.
7. Taking
advantage of complaints to propagate against the State or infringe upon the
State's interests; distorting, slandering, threatening or offending the
prestige or honor of agencies, organizations or persons responsible for
settling complaints, or other persons executing their tasks or official duties.
8. Violating
regulations on citizen reception.
9. Violating
other provisions of the law on complaints and settlement of complaints.
Chapter 2
COMPLAINTS ABOUT ADMINISTRATIVE DECISIONS,
ADMINISTRATIVE ACTS
Section 1. COMPLAINTS
Article 7. Order of making a complaint
1. When
having grounds to believe that an administrative decision or administrative act
is unlawful or directly infringes upon his/her rights and lawful interests, a
person may make a first-time complaint with the person who has issued such
administrative decision or the agency that manages the person who has committed
such administrative act, or institute an administrative lawsuit at court in
accordance with the Law on Administrative Procedures.
In case the
complainant disagrees with the first-time complaint settlement decision or the
complaint remains unsettled although past the prescribed time limit, he/she may
make a second-time complaint with the direct superior of the person competent
to settle the first-time complaint or institute an administrative lawsuit at
court in accordance with the Law on Administrative Procedures.
In case the
complainant disagrees with the second-time complaint settlement decision or the
complaint remains unsettled though past the prescribed time limit, he/she has
right to institute an administrative lawsuit at court in accordance with the
Law on Administrative Procedures.
2. For an
administrative decision or administrative act of a Minister, head of a
Ministerial-level agency or Government- attached agency (hereinafter referred
to as Minister), the complainant may make a complaint with the Minister or
institute an administrative lawsuit at court in accordance with the Law on
Administrative Procedures.
In case the
complainant disagrees with the complaint settlement decision of the Minister or
the complaint remains unsettled though past the prescribed time limit, he/she
may institute an administrative lawsuit at court in accordance with the Law on
Administrative Procedures.
3. For an
administrative decision or administrative act of the chairperson of the
People's Committee of a province or centrally-run city (hereinafter referred to
as provincial People's Committee), the complainant may make a first-time
complaint with the chairperson of the provincial-level People's Committee or
institute an administrative lawsuit at court in accordance with the Law on
Administrative Procedures.
In case the
complainant disagrees with the first-time complaint settlement decision of the
chairperson of the provincial-level People's Committee or the complaint remains
unsettled though past the prescribed time limit, he/she may make a second-time
complaint with the Minister managing the related sector or field or institute
an administrative lawsuit at court in accordance with the Law on Administrative
Procedures.
In case the
complainant disagrees with the second-time complaint settlement decision of the
Minister or the complaint remains unsettled though past the prescribed time
limit, he/she may institute an administrative lawsuit at court in accordance
with the Law on Administrative Procedures.
Article 8. Forms of complaint
1. Complaints
may be made in written or verbal form.
2. In case
complaints are made in written form, the written complaint must clearly
indicate the date of complaint; the full name and address of the complainant;
the name and address of the complained agencies, organizations or individuals;
contents of and reason for the complaint; documents related to complaint
contents and the request of the complainant for settlement. The written
complaint must be signed or fingerprinted by the complainant.
3. In case
the complainant makes a verbal complaint, the complaint recipient shall guide
the complainant in making a written complaint or record in writing the
complaint and request the complainant to sign or fingerprint in such record for
confirmation, which clearly writes the contents specified in clause 2 of this
Article.
4. In case
many persons jointly make a complaint about the same content, procedures shall
be implemented as follows:
a/ For a
verbal complaint of many persons at the same time, the competent agency shall
receive and guide these complainants in appointing a representative to present
the complaint contents; the complaint recipient shall record in writing the
complaint, clearly writing the contents specified in clause 2 of this Article.
The reception of a complainant of many persons complies with Chapter V of this
Law;
b/ For a
written complaint made by many persons, such complaint must clearly write the
contents specified in clause 2 of this Article, include the signatures of complainants,
and appointment of a representative to present their opinions at the requests
of complaint settler.
c/ The
Government shall detail this clause.
5. In case a
complaint is made by a representative, such representative must be one of the
complainants, have a paper proving legality of representation, and implement
the complaint as prescribed by this Law.
Article 9. Statute of limitation for making a complaint
The statute
of limitation for making a complaint is 90 days, after receiving an
administrative decision or knowing or being informed of an administrative
decision or act.
In case a
complainant fails to exercise the right to complain in accordance with the
statute of limitation due to illness, natural disaster, enemy sabotage, working
mission or study in a distant place or another objective obstacle, the period
during which such obstacle exists is not counted into the statute of limitation
for making a complaint.
Article 10. Withdrawal of complaints
A complainant
may withdraw his/her complaint at any time in the course of complaint and its
settlement; a written request for withdrawal must be made, signed or
fingerprinted by the complainant and sent to the person competent to complaint
settlement.
When
receiving a written request for complaint withdrawal, the person competent to
complaint settlement shall suspend the complaint settlement and notify such
suspension in writing to the complainant.
Article 11. Complaints not eligible to be accepted for
settlement
A complaint
falling into one of the following cases is not accepted for settlement:
1. It is
about an administrative decision or act within a state agency for directing and
organizing the performance of tasks and official duties; an administrative
decision or act related to direction and administration by an administrative
agency toward its subordinate administrative agency; an administrative decision
containing legal rules issued by competent agencies, organizations or persons
according to the order and procedures prescribed in law on promulgation of
legal documents; an administrative decision or act involving a state secret in
the field of defense, security or foreign affairs as listed by the Government;
2. It is
about an administrative decision or act not directly related to the rights and
lawful interests of the complainant;
3. The
complainant has no full civil act capacity and no a lawful representative;
4. The
complaint is implemented by an unlawful representative;
5. There is
no signature or fingerprint of complainant in the written complaint;
6. The
statute of limitations or time limit for making a complaint has expired but the
complainant has no legitimate reason;
7. A
second-time complaint settlement decision has been issued;
8. There is a
written notice of suspension of the complaint settlement and the complainant
does not continue making complaint during 30 days after the issuance of such
notice;
9. It has
been accepted by a court for settlement or has been settled under a court
judgment or decision other than a court’s decision on suspension of the
settlement of an administrative case.
Section 2: RIGHTS AND OBLIGATIONS OF COMPLAINANTS, THE
COMPLAINED SUBJECTS, COMPLAINT SETTLERS, LAWYERS AND LEGAL AID OFFICERS
Article 12. Rights and obligations of complainants
1. A
complainant has the following rights:
a/ To make a
complaint by him/herself.
In case the
complainant is a minor or has lost, his/her civil act capacity, his/her
representative at law may implement a complaint.
In case the
complainant is ill or old and weak or has a physical defect or encounters an
objective circumstance which causes him/her unable to implement a complaint,
he/she may authorize his/her parent, spouse, blood sibling or adult child or
another person with full civil act capacity to implement a complaint;
b/ To ask a legal
counsel or authorize a lawyer to make a complaint to protect his/her rights and
lawful interests.
In case the
complainant is eligible for legal aid as specified by law, he/she is entitled
to ask a legal aid officer to provide legal consultancy or authorize a legal
aid officer to make a complaint to protect his/her rights and lawful interests;
c/ To
participate in dialogs or authorize a lawful representative to do so;
d/ To be
entitled to know, read, photocopy or copy documents and evidences collected by
the complaint settler for settling his/her complaint, except information and
documents involving state secrets;
dd/ To
request relevant persons, agencies and organizations that are preserving or
managing information and documents related to his/her complaint contents to
provide such information and documents within 07 days after being requested for
submission to the complaint settler, except information and documents falling
in state secrets;
e/ To request
the complaint settler to apply urgent measures to prevent possible consequences
of the execution of the complained administrative decision;
g/ To show
evidences of the complaint and make explanation on his/her opinions for these
evidences;
h/ To receive
a written reply on the acceptance of the complaint for settlement, to receive
the complaint settlement decision;
i/ To have
his/her infringed rights and lawful interests restored; to receive damage
compensations in accordance with law;
k/ To make a
second-time complaint or institute an administrative case at court in
accordance with the Law on Administrative Procedures;
l/ To
withdraw his/her complaint.
2. A
complainant has the following obligations:
a/ To make a
complaint with the right person who is competent to settlement;
b/ To
honestly present the matter and show evidences of the correctness and
reasonability of the complaint; to provide relevant information and documents
to the complaint settler; to take responsibility before law for the presented
contents and provided information and documents:
c/ To abide
by the administrative decision or act about which he/she makes a complaint
pending the complaint settlement, unless such decision or act is suspended from
execution as prescribed in Article 35 of this Law;
d/ To
strictly abide by the legally effective complaint settlement decision.
3.
Complainants shall also implement other rights and obligations as prescribed by
law.
Article 13. Rights and obligations of the complained subject
1. A
complained subject has the following rights:
a/ To show
evidences of the legality of the complained administrative decision or act;
b/ To be
entitled to know, read, photocopy or copy documents and evidences collected by
the complaint settler for settling the complaint, except information and
documents falling in state secrets;
c/ To request
relevant persons, agencies and organizations that are preserving or managing
information and documents relating to the complaint contents to provide such
information and documents within 07 days after being requested for submission
to the complaint settler, except information and documents falling in state
secrets;
d/ To receive
the second-time complaint settlement decision.
2. A
complained subject has the following obligations:
a/ To
participate in dialogs or authorize a lawful representative to do so;
b/ To abide
by the decision on verification of complaint contents issued by the agency or
unit competent to settle the complaint;
c/ To provide
information and documents relating to the complaint contents and make
explanations about the legality and correctness of the complained
administrative decision or act at the request of the complaint settler or the
examining or verifying agency or unit within 07 days after being requested;
d/ To
strictly abide by the legally effective complaint settlement decision:
dd/ To modify
or cancel the complained administrative decision or to terminate the complained
administrative act;
e/ To pay
compensations for damages caused by his/her/its illegal administrative decision
or act in accordance with the Law on the State's compensation liability.
3. The
complained subject shall implement other rights and obligations as prescribed
by law.
Article 14. Rights and obligations of first-time complaint
settlers
1. A
first-time complaint settler has the following rights:
a/ To request
the complainant and relevant agencies, organizations and persons to provide
information, documents and evidences within 07 days after request, for use as a
basis for settling the complaint;
b/ To decide
application or cancellation of urgent measures as prescribed in Article 35 of
this Law.
2. A
first-time complaint settler has the following obligations:
a/ To receive
the complaint and notify in writing the complainant, the agency, organization
or person competent to forward the complaint and the state inspectorate at the
same level of the acceptance of the complaint for settlement with respect to
complained administrative decision or act;
b/ To settle
the complaint about an administrative decision or act when the complainant
requests;
c/ To organize
dialogs with the complainant, the complained subject and relevant agencies,
organizations and persons;
d/ To send
the complaint settlement decision to the complainant and take responsibility
before law for the complaint settlement; for a complaint forwarded by a
competent agency, organization or person, to have to notify settlement results
to such agency, organization or person in accordance with law;
e/ To provide
information, documents and evidences relating to the complaint contents at the
request of the complainant; to provide the complaint settlement dossier at the
request of the second-time complaint settler or court.
3. First-time
complaint settlers shall settle the payment of compensations for damage caused
by administrative decisions or acts in accordance with the Law on the State's
compensation liability.
4. First-time
complaint settlers shall implement other rights and obligations as prescribed
by law.
Article 15. Rights and obligations of second-time complaint
settlers
1. A
second-time complaint settler has the following rights:
a/ To request
the complainant, complained subject and relevant agencies, organizations and
persons to provide information, documents and evidences within 07 days after
request, for use as a basis for settling the complaint;
b/ To decide
on application or cancellation of urgent measures specified in Article 35 of
this Law;
c/ To summon
relevant agencies, organizations and persons to participate in dialogs;
d/ To request
an expertise;
e/ To consult
the advisory council when necessary.
2. A
second-time complaint settler has the following obligations:
a/ To receive
and accept the complaint for settlement and make a dossier of the complaint
case falling under his/her/its settling competence;
b/ To examine
and verify the content of complaint;
c/ To
organize dialogs with the complainant, the complained subject and relevant
agencies, organizations and persons
d/ To issue
and publicize the complaint settlement decision;
e/ To provide
information and documents relating to the complaint contents at the request of
the complainant, complained subject or court.
3.
Second-time complaint settlers shall implement other rights and obligations as
prescribed by law.
Article 16. Rights and obligations of lawyers and legal aid
officers
1. A lawyer
or legal aid officer has the following rights:
a/ To
participate in the course of complaint settlement as requested by the
complainant;
b/ To
implement the rights and obligations of the complainant when being authorized
to do so;
c/ To verify
and collect evidences relating to the complaint contents as requested by the
complainant and provide evidences to the complaint settler;
d/ To study
the case file, photocopy and copy documents and evidences relating to the
complaint contents for protecting the rights and lawful interests of the
complainant, except information and documents falling in state secrets.
2. A lawyer
or legal aid officer participating in the complaint settlement has the
following obligations:
a/ To produce
his/her lawyer or legal aid officer card and a decision on assignment to
provide legal aid, written request for legal aid or power of attorney of the
complainant;
b/ To
strictly comply with contents and scope under the complainant's authorization.
3. Lawyers
and legal aid officers shall implement other rights and obligations as
prescribed by law.
Chapter 3
SETTLEMENT OF COMPLAINTS
Section 1. COMPLAINT-SETTLING COMPETENCE
Article 17. Competence of chairpersons of People's Committees
of communes, wards or townships and heads of agencies of People's Committees of
rural districts, urban districts, towns or provincial cities
Chairpersons
of People's Committees of communes, wards or townships (hereinafter referred to
as commune-level People's Committees), heads of agencies of People's Committees
of rural districts, urban districts, towns or provincial cities (hereinafter
referred to as district-level People's Committees) are competent to settle
first-time complaints about their administrative decisions or acts or
administrative decisions or acts of responsible persons who are directly
managed by them.
Article 18. Competence of chairpersons of district-level
People's Committees
1. To settle
first-time complaints about their administrative decisions or acts.
2. To settle
second-time complaints about administrative decisions or acts of chairpersons
of commune-level People's Committees, heads of agencies of district-level
People's Committees which have been settled for the first time but still be
complained or in case first-time complaints remain unsettled in spite the
settlement time limit expires.
Article 19. Competence of heads of agencies of provincial
departments and equivalent levels
Heads of
agencies of provincial departments and equivalent levels are competent to
settle first-time complaints about their administrative decisions or acts or
administrative decisions or acts of cadres or civil servants who are directly
managed by them.
Article 20. Competence of directors of provincial departments
and equivalent levels
1. To settle
first-time complaints about their administrative decisions or acts or
administrative decisions or acts of cadres or civil servants who are directly
managed by them.
2. To settle
second-time complaints about administrative decisions or acts of heads of
agencies of provincial departments and equivalent levels which have been
settled for the first time but still be complained or in case first-time
complaints remain unsettled in spite the settlement time limit expires.
Article 21. Competence of chairpersons of provincial People's
Committees
1. To settle
first-time complaints about their administrative decisions or acts.
2. To settle
second-time complaints about administrative decisions or acts of chairpersons
of district-level People's Committees, directors of provincial departments and
equivalent levels which have been settled for the first time but still be
complained or in case first-time complaints remain unsettled in spite the
settlement time limit expires.
3. To settle
disputes over the complaint-settling competence among agencies and units under
their management.
Article 22. Competence of heads of agencies of Ministries,
Ministerial-level agencies or Government-attached agencies
Heads of
agencies of Ministries, Ministerial-level agencies or Government-attached
agencies (hereinafter referred to as heads of agencies of Ministries) are
competent to settle complaints about their administrative decisions or acts or
administrative decisions or acts of cadres or civil servants who are directly
managed by them.
Article 23. Competence of Ministers
1. To settle
first-time complaints about their administrative decisions or acts or
administrative decisions or acts of cadres or civil servants who are directly
managed by them.
2. To settle
second-time complaints about administrative decisions or acts of heads of
agencies of ministries which have been settled for the first time but still be
complained or in case first-time complaints remain unsettled in spite the
settlement time limit expires.
3. To settle
second-time complaints about administrative decisions or acts of chairpersons
of provincial-level People's Committees with contents falling under the state
management competence of ministries or sectors which have been settled for the
first time but still be complained or in case first-time complaints remain
unsettled in spite the settlement time limit expires.
4. To settle
disputes over the complaint-settling competence among agencies and units under
their management scope.
Article 24. Competence of the Government Inspector General
1. To assist
the Prime Minister in monitoring, inspecting and urging Ministries,
Ministerial-level agencies, Government-attached agencies and People's
Committees at all levels in the reception of citizens, settlement of complaints
and execution of legally effective complaint settlement decisions.
2. In case of
detecting violations of the law on complaints which harm the interests of the
State, rights and lawful interests of citizens, agencies or organizations, to
propose the Prime Minister or competent persons to apply necessary measures to
terminate these violations, consider liability and handle offenders.
Article 25. Competence of chief inspectors at all levels
1. To assist
heads of state management agencies of the same level in examining, verifying,
making conclusions on, or proposing the settlement of complaints falling under
the competence of these persons when assigned.
2. To assist
heads of state management agencies of the same level in monitoring, inspecting
and urging agencies directly managed by these persons in the reception of
citizens, settlement of complaints and execution of legally effective complaint
settlement decisions.
In case of
detecting violations of the law on complaints which harm the interests of the
State, rights and lawful interests of citizens, agencies or organizations, to
propose heads of state management agencies at the same level or competent
persons to apply necessary measures to terminate these violations, consider
liability and handle offenders.
Article 26. Competence of the Prime Minister
1. To lead
the complaint settlement of Ministries, Ministerial-level agencies,
Government-attached agencies and People's Committees at all levels.
2. To settle
proposals of the Government Inspector General specified in clause 2, Article 24
of this Law.
3. To direct
the handling of disputes over complaint-settling competence among Ministries,
Ministerial-level agencies, Government-attached agencies and provincial
People's Committees.
Section 2: ORDER AND PROCEDURES FOR SETTLING FIRST-TIME
COMPLAINTS
Article 27. Acceptance of complaints for settlement
Within 10
days after receiving a complaint under his/her competence but not falling into
any of the cases specified in Article 11 of this Law, a person competent to
settle first-time complaints must accept such complaint for settlement; notify
such in writing to the complainant, competent agency, organization or person
that has forwarded such complaint, and the state inspectorate of the same
level. In case of refusal to accept the complaint, he/she must clearly state
the reason thereof.
Article 28. Time limit for settling first-time complaints
The time
limit for settling a first-time complaint does not exceed 30 days after the
complaint is accepted. For a complicated case, this time limit may be prolonged
but must not exceed 45 days after the complaint is accepted.
In deep-lying
or remote areas with difficult travel conditions, the time limit for settling a
complaint is 45 days after the complaint is accepted. For a complicated case,
this time limit may be prolonged but must not exceed 60 days after the
complaint is accepted.
Article 29. Verification of complaint contents
1. Within the
time limit specified in Article 28 of this Law, a person competent to settle a
first-time complaint has following duties:
a/ Review
his/her administrative decision or act or the administrative decision or act of
the responsible person who is directly managed by him/her, and if the complaint
is correct, he/she will promptly issue a complaint settlement decision;
b/ If having
no ground to make conclusions on the complaint contents, he/she will conduct
verification by himself/herself before making conclusions on complaint
contents, or assign a slate inspectorate of the same level or a responsible
agency, organization or person (hereinafter referred to as person responsible
for verification) to verify the complaint contents and propose the complaint
settlement.
2. The
verification must be conducted in an objective, accurate and timely manner
through the following forms:
a/ Direct
examination and verification at the place arising complaint;
b/
Examination and verification based on documents and evidences provided by the
complainant, the complained subject and related agencies, organizations and
persons;
c/ Other
forms as prescribed by law.
3. A person
responsible for verification has the following rights and obligations:
a/ To request
the complainant, the complained subject and related agencies, organizations and
persons to provide information and documents on and evidences of the complaint
contents;
b/ To request
the complainant, the complained and related agencies, organizations and persons
to explain in writing about contents relating to complaint;
c/ To summon
the complainant, the complained subject and related agencies, organizations and
persons;
d/ To request
an expertise;
dd/ To carry
out other examination and verification measures as prescribed by law;
e/ To report
on verification results and take responsibility before law for these results.
4. A report
on verification results includes the following contents:
a/
Verification subject(s);
b/
Verification time;
c/ Verifier;
d/ Verified
contents;
dd/
Verification results;
e/
Conclusions and proposals on complaint settlement contents.
Article 30. Organization of dialogs
1. In the
course of settlement of a first-time complaint, if the request of the complaint
and results of verification of its contents are different, the complaint
settler shall organize dialogs with the complainant, the complained subject,
persons with related rights and obligations and relevant agencies,
organizations and persons to clarify the contents of complaint, the
complainant's request and the direction of complaint settlement. Dialogs must
be carried out in a public and democratic manner.
2. The
complaint settler shall notify in writing the complainant, the complained
subject, persons with related rights and obligations and relevant agencies and
organizations of the dialog time, place and contents.
3. During a
dialog, the complaint settler must clearly state contents subject to the dialog
and results of verification of the complaint contents; dialog participants have
right to present their opinions and show evidences relating to the complaint
and their requests.
4. A dialog
must be made in a minutes. Such minutes must clearly record opinions of dialog
participants and results, with the signatures or fingerprints of dialog
participants. In case a dialog participant refuses to sign or fingerprint in
the minutes, the reason therefore must be clearly recorded. This minutes shall
be kept in the complaint case file.
5. Dialog
results serve as a basis for complaint settlement.
Article 31. First-time complaint settlement decisions
1. First-time
complaint settlers must issue complaint settlement decisions.
2. A
first-time complaint settlement decision must include the following contents:
a/ Date of
issuing decision;
b/ Names and
addresses of the complainant and the complained subject;
c/ Complaint
contents;
d/ Results of
verification of complaint contents;
dd/ Dialog
results (if any);
e/ Legal
grounds for complaint settlement;
g/
Conclusions on complaint contents;
h/ Upholding,
modification, supplementation or cancellation of part or the whole of the
complained administrative decision, terminating the complained administrative
act; settlement of specific matters in the complaint;
i/ Payment of
compensations for persons suffered damage (if any);
j/ The right
to file a second-time complaint and the right to institute an administrative
lawsuit at court.
3. In case
many persons complain about the same content, a person competent to complaint
settlement shall consider, make conclusions on complaint contents and based on
such conclusions to issue a complaint settlement decision to each complainant
or issue a complaint settlement decision enclosed with a list of complainants.
Article 32. Sending of first-time complaint settlement
decisions
Within 03
working days after issuing a complaint settlement decision, the first-time
complaint settler shall send such complaint settlement decision to the
complainant, the his/her direct superior or competent person, persons with
related rights and obligations, the agency, organization or person that has
forwarded the complaint and the state inspectorate at the same level.
Article 33. Filing of second-time complaints or institution
of administrative cases
1. Within 30
days after the expiration of the complaint settlement time limit specified in
Article 28 of this Law, if a first-time complaint remains unsettled, or after
receiving a first-time complaint settlement decision, if the complainant
disagrees with this decision, he/ she may make another complaint with a person
competent to settle second-time complaints; for deep-lying or remote areas with
difficult travel conditions, this time limit may be prolonged but must not
exceed 45 days.
For making
second-lime complaints, the complainant must send a second-time complaint
enclosed with the first-time complaint settlement decision and relevant
documents to a person competent to settle second-lime complaints.
2. Upon the
expiration of the complaint settlement time limit specified in Article 28 of
this Law, if a first-time complaint remains unsettled or the complainant
disagrees with the first-time complaint settlement decision, he/she has right
to institute an administrative lawsuit at court in accordance with the Law on
Administrative Procedures.
Article 34. Complaint settlement dossiers
1. The
settlement of complaints must be made into a dossier. A complaint settlement
dossier includes:
a/ A written
complaint or a record of complaining statements:
b/ Documents
and evidences provided by parties;
c/ Written
records of examination, verification, conclusions and results of expertise (if
any);
d/ Minutes of
dialogs (if any);
dd/ A
complaint settlement decision;
e/ Other
relevant documents.
2. A
complaint settlement dossier must be numbered on pages according to the order
of its documents and preserved in accordance with law. In case a complainant
institutes an administrative case at court, such dossier must be transferred to
the court with jurisdiction to settle the complaint at its request.
Article 35. Application of urgent measures
In the course
of complaint settlement, if finding the execution of the complained
administrative decision will cause irremediable consequences, the complaint
settler must issue a decision to suspend the execution of such decision. The
suspension duration must not exceed the remaining duration of the settlement
time limit. The suspension decision must be sent to the complainant, the complained
subject, persons with related rights and obligations and other persons
responsible for the execution. When finding the reason for suspension no longer
exists, the complaint settler must promptly cancel such suspension decision.
Section 3: ORDER AND PROCEDURES FOR SETTLING SECOND-TIME
COMPLAINTS
Article 36. Acceptance of second-time complaints for
settlement
1. Within 10
days after receiving a complaint under his/her competence but not falling into
any of the cases specified in Article 11 of this Law, a person competent to
settle second- time complaints must accept such complaint for settlement; and
notify such in writing to the competent complainant, agency, organization or
person that has forwarded such complaint, and the state inspectorate of the same
level. In case of refusal to accept the complaint, he/she must clearly state
the reason thereof
2. For a
complicated case, when finding it is neccessary, a second-time complaint
settler may set up an advisory council to give advice on the complaint settlement.
Article 37. Time limit for settling second-time complaints
The time
limit for settling a second-time complaint does not exceed 45 days after the
complaint is accepted. For a complicated case, this time limit may be prolonged
but must not exceed 60 days after the complaint is accepted.
In deep-lying
or remote areas with difficult travel conditions, the time limit for settling a
complaint is 60 days after the complaint is accepted. For a complicated case,
this time limit may be prolonged but must not exceed 70 days after the
complaint is accepted.
Article 38. Verification of second-time complaint contents
Persons
competent to settle second-time complaints shall base on the contents and
nature of these complaints to conduct verification, make conclusions on
complaint contents or assign persons responsible for verifying complaint
contents and proposing the complaint settlement. The verification complies with
clauses 2, 3 and 4, Article 29 of this Law.
Article 39. Organization of second-time dialogs
In the course
of settlement of a second-time complaint, the complaint settler shall carry out
dialogs with the complainant, the complained subject, persons with related
rights and obligations and relevant agencies, organizations and persons to
clarify complaint contents, the complainant's request and the direction of
complaint settlement. Second-time dialogs shall comply with Article 30 of this
Law.
Article 40. Second-time complaint settlement decisions
1.
Second-time complaint settlers must issue complaint settlement decisions.
2. A
second-time complaint settlement decision must have the following contents:
a/ Date of
issuing decision;
b/ Names and
addresses of the complainant and the complained subject;
c/ Complaint
contents;
d/ Results of
the first-time complaint settlement;
dd/ Results
of verification of complaint contents;
e/ Dialog
results (if any);
g/ Legal
grounds for complaint settlement;
h/ Conclusion
that complaint contents are wholly or partially correct or wholly wrong. In
case complaint contents are wholly or partially correct, the complaint settler
shall request the person whose administrative decision is complained to modify
or cancel part or the whole of such decision or terminate the complained
administrative act. In case complaint contents are concluded to be wholly
wrong, the complaint settler shall request the complainant and persons with
related rights and obligation to strictly execute the administrative decision
or the administrative act;
i/ Payment of
compensations for persons who suffered damages (if any);
k/ The right
to institute an administrative case at court.
Article 41. Sending and publicizing complaint settlement
decisions
1. Within 07
days after issuing a complaint settlement decision, the second-time complaint
settler must send it to the complainant, the complained subject, the first-time
complaint settler, persons with related rights and obligations, and the
competent agency, organization or person that has forwarded the complaint.
2. The
second-time complaint settler shall choose one or several forms of public
notification as follows:
a/
Announcement at a meeting of the agency or organization where the complained
subject works;
b/ Listing at
the office or citizen reception place of the agency or organization that has
settled the complaint;
c/
Notification in the mass media.
3. The
Government shall detail the public notification of complaint settlement
decisions.
Article 42. Institution of administrative cases
Upon the
expiration of the complaint settlement time limit specified in Article 37 of
this Law, if a complaint remains unsettled or a complainant disagrees with a
second-time complaint settlement decision, he/she has right to institute an
administrative case at court in accordance with the Law on Administrative
Procedures.
Article 43.
Second-time complaint settlement dossiers
The
settlement of a second-time complaint must be made into a dossier as prescribed
in Article 34 of this Law and enclosed with written opinions of the advisory
council (if any).
Section 4: EXECUTION OF LEGALLY EFFECTIVE COMPLAINT SETTLEMENT
DECISIONS
Article 44. Legally effective complaint settlement decisions
1. A
first-time complaint settlement decision takes effect after 30 days from the
date of issuance, provided the complainant does not make a second-time complaint;
for deep-lying or remote areas with difficult travel conditions, this time
limit may be prolonged but not exceed 45 days.
2. A
second-time complaint settlement decision takes effect after 30 days from the
date of issuance; for deep-lying or remote areas with difficult travel
conditions, this time limit may be prolonged but not exceed 45 days.
3. In case a
complainant disagrees with a complaint settlement decision, he/she may
institute an administrative case at court in accordance with the Law on Administrative
Procedures.
4. A legally
effective complaint settlement decision is effective for immediate execution.
Article 45. Persons responsible for executing legally
effective complaint settlement decisions
1. Complaint
settlers;
2.
Complainants;
3. The
complained subject;
4. Persons
with related rights and obligations.
5. Relevant
agencies, organizations and persons.
Article 46. Execution of legally effective complaint
settlement decisions
1. Complaint
settlers shall, within the ambit of their tasks and powers, direct agencies,
organizations and individuals under their management in organizing the
execution of legally effective complaint settlement decisions. In case of
necessity, they may request functional agencies to take measures to ensure the
execution of legally effective complaint settlement decisions; organize the
execution or assume the prime responsibility for, and coordinate with concerned
organizations and agencies in, taking measures to restore the rights and lawful
interests of complainants; propose other agencies or organizations to settle
matters relating to the execution of complaint settlement decisions (if any).
2. When a
complaint settlement decisions takes legal effect, the complainant and persons
with related rights and obligations have the following duties:
a/
Collaborate with competent agencies, organizations and persons in restoring
their rights and lawful interests infringed upon by an illegal administrative
decision or act;
b/ Abide by
the complained administrative decision or act which is recognized as lawful by
an agency competent to complaint settlement;
c/ Abide by
the handling decision of a competent agency for executing the legally effective
complaint settlement decision.
3. Within the
ambit of their tasks and powers, relevant agencies, organizations and persons
shall abide by administrative decisions of competent agencies for executing
legally effective complaint settlement decisions; and coordinate with competent
agencies, organizations and persons in organizing the execution of legally
effective complaint settlement decisions when requested.
4. The
Government shall detail this Article.
Chapter 4
COMPLAINTS AND THEIR SETTLEMENT ABOUT DISCIPLINARY
DECISIONS AGAINST CADRES OR CIVIL SERVANTS
Article 47. Complaints about disciplinary decisions
Complaint
about a disciplinary decision means that a cadre or civil servant requests,
according to the procedures specified in this Law, a competent agency,
organization or person to review a disciplinary decision against him/her when
having a ground to believe that such decision is unlawful or directly infringes
upon his/her rights and lawful interests.
Article 48. Statute of limitations for complaints
The statute
of limitations for a first-time complaint is 15 days after a cadre or civil servant
receives a disciplinary decision against him/her.
The statute
of limitations for a second-time complaint is 10 days after a cadre or civil
servant receives a first-time complaint settlement decision; for a disciplinary
decision of dismissal, the statute of limitations for a second-time complaint
is 30 days after a cadre or civil servant receives a first-time complaint
settlement decision.
In case a
complainant fails to exercise the right to complain within the statute of
limitations due to illness, natural disaster, enemy sabotage, working mission
or study in a distant place or another objective obstacle, the period during
which such obstacle exists is not counted into the statute of limitations for
complaint.
Article 49. Form of complaint
Complaints
must be made in writing. A written complaint must clearly state the date of
complaint; full name and address of the complainant; complaint contents and
reason, and requests of the complainant, included signature of the complainant.
First-time complaints must be sent to persons who have issued disciplinary
decisions. Second-time complaints shall be sent to agencies competent to settle
second-time complaints.
Article 50. Time limits for complaint acceptance and
settlement
The time
limits for acceptance and settlement of first-time and second-time complaints
are as follows:
Within 10
days after receiving a written complaint, a person competent to complaint
settlement must accept it for settlement and notify such to the complainant.
The time
limit for settlement of a complaint does not exceed 30 days after the date of
acceptance. For complicated cases, this time limit may be prolonged but not
exceed 45 days after the date of acceptance.
Article 51. Complaint-settling competence
1. Heads of
agencies or organizations competent to manage cadres or civil servants
according to decentralization are competent to settle first-time complaints
about disciplinary decisions they have issued.
2. Heads of
immediate superior agencies or organizations of agencies or organizations
managing cadres or civil servants are competent to settle complaints which are
further complained.
3. The
Minister of Home Affairs is competent to settle complaints which have been
settled for the first time by Ministers, heads of Ministerial-level agencies,
heads of Government-attached agencies or chairpersons of provincial-level
People's Committees but still be complained or remain unsettled upon the
expiration of the settlement time limit of the first-time complaints.
Article 52. Verification of complaint contents
In the course
of settlement of a complaint, a person competent to complaint settlement has
the following duties:
1. Personally
review the complained disciplinary decision against a cadre or civil servant
and consider complaint contents, or assign a responsible person to do so. If
finding complaint contents clear, request the cadre and civil servant
disciplining council for consideration and proposal to a competent person for
settlement.
2. In case
complaint contents are unclear, personally verify and make conclusions on
complaint contents or assign a responsible person to do so. Persons responsible
for verification have the rights and obligations as prescribed in clause 3,
Article 29 of this Law.
The
verification of complaint contents must be recorded in writing and reported to
the person competent to complaint settlement. After obtaining results of
verification of complaint contents, he/she shall request the cadre and civil
servant disciplining council for consideration and proposal to a competent
person for the complaint settlement.
Article 53. Organization of dialogs
1. A person
competent to complaint settlement must organize a dialog with the complainant,
before issuing a complaint settlement decision.
Dialog
participants include the person competent to complaint settlement who presides
over the dialog, the complainant, the person responsible for verification and
other relevant persons.
2. During the
dialog, the complaint settler must clearly state contents subject to the
dialog, results of verification of complaint contents; dialog participants have
right to present their opinions and show evidences relating to the complaint
and their requests.
3. The dialog
must be recorded in a minutes which clearly states opinions of participants and
results of the dialog and have the signatures of participants. In case a dialog
participant refuses to sign the minutes, the reason for refusal must be clearly
recorded. This minutes shall be kept in the complaint settlement dossier.
4. Dialog
results serve as a basis for complaint settlement.
Article 54. First-time complaint settlement decisions
1. First-time
complaint settlers must issue written complaint settlement decisions. A
complaint settlement decision must have the following contents:
a/ Date of
issuing decision;
b/ Names and
addresses of the complainant and the complained subject;
c/ Complaint
contents;
d/ Results of
verification of complaint contents;
dd/ Results
of the dialog;
e/ Legal
ground(s) for complaint settlement;
g/ Conclusion
that complaint contents are correct, partially correct or wholly wrong;
h/ Upholding,
modification, supplementation or cancellation of part or the whole of the
complained disciplinary decision;
i/ Payment of
compensations for persons suffered damages (if any);
k/ The right
to make a second-time complaint or the right to institute an administrative
case at court against the disciplinary decision of dismissal.
2. First-time
complaint settlement decisions must be sent to complainants and concerned
agencies and organizations.
Article 55. Settlement of second-time complaints
A person
competent to settle a second-time complaint has the following duties:
1. Request
the person issuing the complained disciplinary decision against a cadre or
civil servant to report on consideration of disciplining and settlement of the
complaint of the disciplined person:
2. Personally
verify and make conclusions on complaint contents or assign a person
responsible for verification to do so. The verification of complaint contents
must be recorded in writing and reported to the person competent to complaint
settlement;
3. Assume the
prime responsibility for organizing a dialog with the complainant. Dialog
participants include:
a/ The
complainant;
b/ The person
responsible for verification of complaint contents;
c/ The
complained subject.
4. Dialog
contents comply with clause 2 and clause 3, Article 53 of this Law.
Article 56. Second-time complaint settlement decisions
1. A
second-time complaint settlement decision must have the following content:
a/ Date of
issuing decision;
b/ Names and
addresses of the complainant and the complained subject;
c/ Complaint
contents;
d/ Results of
verification;
dd/ Results
of the dialog;
e/ Legal
ground(s) for complaint settlement;
g/
Conclusions on each specific matter in the complaint of the disciplined person
and the settlement of the first-time complaint settler;
h/ Payment of
compensations for persons suffered damage (if any);
il The right
to institute an administrative case at court against the disciplinary decision
of dismissal.
2. A
second-time complaint settlement decision must be sent to the complainant,
first-time complaint settler and persons with related rights and obligations
within 07 days after issuance day.
Second-time
complaint settlement decisions of Ministers, heads of Ministerial-level
agencies or Government-attached agencies, or chairpersons of provincial-level
People's Committees must be sent to the Government Inspector General and the
Minister of Home Affairs.
Article 57. Effect of complaint settlement decisions,
institution of administrative cases
1. Legally
effective decisions on settlement of complaints about disciplinary decisions
against cadres or civil servants include:
a/ First-lime
complaint settlement decisions, which become legally effective after 30 days
from they are issued, provided complainants do not make second-time complaints;
b/
Second-time complaints settlement decisions, which become legally effective
after 30 days from they are issued.
2. A legally
effective complaint settlement decision is effective for immediate execution.
3. In case a
civil servant holding the post of general department director or equivalent or
a lower post is disciplined and forced for dismissal but disagrees with the
decision on settlement of the complaint about the disciplinary decision of
dismissal or his/her complaint remains unsettled though past the time limit for
first-time or second-time complaint settlement as prescribed in Article 50 of
this Law, he/she may institute an administrative case at court under the Law on
Administrative Procedures.
Article 58. Execution of legally effective decisions on
settlement of complaints about disciplinary decisions against cadres or civil
servants
1. When a
decision on settlement of a complaint about a disciplinary decision against a
cadre or civil servant takes legal effect, the head of the agency, organization
or unit where such cadre or civil servant works shall publicly notify such
decision to all of its cadres and civil servants; apply measures according to
his/her competence or coordinate with related agencies and organizations in
executing such complaint settlement decision; and pay compensations in
accordance with law.
2. The
Government shall detail this Article.
Chapter 5
RECEPTION OF CITIZENS
Article 59. Citizen reception offices and places
1. Citizen
reception offices of the Party and State shall be established at central and
local levels to receive citizens who come to make complaints, denunciations,
recommendations or reports under regulations of competent agencies or
organizations.
Citizen
reception places are places arranged by competent agencies, organizations or
persons to receive citizens who come to make complaints, denunciations,
recommendations or reports in accordance with law.
2. Heads of
agencies and organizations shall organize the citizen reception; assure
necessary conditions for citizen reception; assign cadres who are fully
qualified, capable and knowledgeable about policies and laws, and have a sense
of responsibility to receive citizens who come to make complaints,
denunciations, recommendations or reports.
Article 60. Rights and obligations of persons who make
complaints, denunciations, recommendations or reports at citizen reception
offices and places
1. To show
their personal identity papers, comply with citizen reception regulations, and
follow instructions of citizen reception officers.
2. To
truthfully present matters, provide information and documents relating to their
complaint, denunciation, recommendation or report contents, and sign or fingerprint
in written records for confirmation of presented contents.
3. To receive
guidance or explanations about the exercise of the right to complaint or
denunciate.
4. To appoint
their representatives to present matters to citizen reception officers in case
many persons make complaints or denunciations about the same content.
5. To make
complaints or denunciations about illegal acts, obstructions, harassments or
unreasonable demands of citizen reception officers.
Article 61. Citizen reception responsibility of heads of
agencies and organizations
1. Heads of
state agencies and chairpersons of People's Committees at all levels shall
personally receive citizens on a regular basis as follows:
a/
Chairpersons of commune-level People's Committees shall receive citizens at
least one day a week;
b/
Chairpersons of district-level People's Committees shall receive citizens at
least two days a month;
c/
Chairpersons of provincial People's Committees shall receive citizens in at
least one day a month;
d/ Heads of
other state agencies shall receive citizens at least one day a month.
2. The
reception of citizens by chairpersons of People's Committees at all levels, and
heads of state agencies must be associated with the settlement of complaints
under their competence and direction of complaint settlement under competence
by heads of state agencies that are managed by them.
3. Chief
inspectors at all levels shall organize regular reception of citizens in
accordance with law.
4. Heads of
other organizations shall personally receive citizens at least one day a month.
5. Beside
regular reception of citizens, chairpersons of People's Committees at all
levels and heads of agencies and organizations shall receive citizens when it
is urgent.
Article 62. Responsibilities of citizen reception officers
and persons in charge of citizen reception offices and places
1. To receive
complaints, denunciations, recommendations and reports of citizens; to classify
and forward them to persons competent to settle in accordance with law.
2. To provide
citizens with guidance and explanations about policies and laws relating to
their requests.
3. Citizen
reception officers may refuse to receive in the following cases:
a/ Those who
come to complain, denounce, recommend or report on cases or matters which have
been examined, considered and for which settlement decisions or conclusions
have been made by competent agencies in accordance with law and have been fully
answered;
b/ Those who
violate citizen reception regulations.
4. Those in
charge of citizen reception offices and places shall, within the ambit of their
tasks and powers, monitor, inspect and urge the settlement of complaints and
denunciations by competent persons; handle according to their competence or
request competent agencies to handle violations of the laws on complaints and
denunciations committed by responsible persons in the course of settlement of
complaints and denunciations.
Chapter 6
RESPONSIBILITY OF COMPETENT AGENCIES, ORGANIZATIONS AND
PERSONS FOR MANAGING COMPLAINT SETTLEMENT WORK
Article 63. Responsibility of state management agencies for
complaint settlement work
1. The
Government shall perform the uniform state management of complaint settlement
by state administrative agencies nationwide.
The
Government Inspectorate is responsible before the Government for performing the
state management of complaint settlement work nationwide.
2.
Ministries, Ministerial-level agencies and People's Committees at all levels
shall perform the state management of complaint settlement work under their
management.
3.
Inspectorates of Ministries, Ministerial-level agencies, inspectorates of
provinces and centrally-run cities, inspectorates of provincial departments and
inspectorates of districts, towns and provincial cities shall assist heads of state
management agencies at the same level in managing complaint settlement work.
Article 64. Responsibility of People's courts, People's
procuracies, the State Audit, the National Assembly Office, the President
Office, other state agencies, political organizations and socio-political
organizations
1. The
Supreme People's Court, the Supreme People's Procuracy, the State Audit, the
National Assembly Office, the President Office, other state agencies, political
organizations and socio-political organizations shall, within the ambit of
their functions, tasks and powers, manage the complaint settlement work and
periodically report to the Government on the complaint settlement by their
agencies or organizations.
2. Local
People's Courts and People's Procuracies, agencies of local political
organizations and socio-political organizations shall, within the ambit of
their functions, tasks and powers, manage complaint settlement work and
periodically report to People's Committees at the same level on the complaint settlement
by their agencies or organizations.
Article 65. Responsibility for coordination in complaint
settlement work
1. In case of
necessity, the Prime Minister shall work with the President of the Supreme
People's Court, the Director of the Supreme People's Procuracy, the State
Auditor General and heads of other state agencies; chairpersons of provincial
People's Committees shall work with presidents of people's courts and directors
of people's procuracies at the same level for coordinated complaint settlement.
2. The
Government, the Supreme People's Court and the Supreme People's Procuracy shall
periodically report to the National Assembly, National Assembly Standing
Committee and President on, and notify the Central Committee of the Vietnam
Fatherland Front of the complaint settlement work.
Ministries,
Ministerial-level agencies, Government-attached agencies and provincial-level
People's Committees shall report to the Government on the complaint settlement
by their agencies or localities on a periodical basis or at the request of the
Government.
3. Local
People's Committees, people's courts and people's procuracies shall
periodically report to the People's Councils on, and notify committees of the
Vietnam Fatherland Fronts of the same level of the situation of complaints,
institution of administrative cases and the settlement of complaints and
adjudication of administrative cases in their localities.
Article 66. Supervision by the Vietnam Fatherland Front and
its member organizations
1. The
Vietnam Fatherland Front and its member organizations shall supervise the
implementation of the law on complaints as prescribed in this Law; encourage
people to strictly comply with the law on complaints; organize to receive
citizens who come for complainants; and upon receiving complaints, study
complaints and guide complainants in making complaints with agencies or
organizations competent to complaint settlement.
2. Complaints
forwarded by committees of the Vietnamese Fatherland Front and member
organizations of the Vietnamese Fatherland Front shall be considered and
settled by complaint settlers and notify settlement results in writing, within
07 days after the issuance of settlement decisions, to complaint-forwarding
organizations. If disagreeing with such settlement results,
complaint-forwarding organizations have right to request superior agencies or
organizations for consideration and settlement. Agencies or organizations
receiving requests shall reply them within 07 days after issuing settlement
decisions.
Chapter 7
HANDLING OF VIOLATIONS
Article 67. Handling of violations of complaint settlers
Complaint
settlers who commit one of the violations specified in clauses 1, 2, 3 and 4,
Article 6 of this Law or violate other regulations in settling complaints
shall, depending on the nature and severity of their violations, be disciplined
or examined for penal liability. If causing damage, they must pay compensations
or return in accordance with law.
Article 68. Handling of violations on the law on complaints
of complainants and other related persons
Persons who
commit one of the violations specified in clauses 5, 6, 7 and 8, Article 6 of
this Law or violate other provisions of the law on complaints and settlement of
complaints shall, depending on the nature and severity of their violations, be
administratively handled or examined for penal liability. If causing damage,
they must pay compensations or return in accordance with law.
Chapter 8
IMPLEMENTATION PROVISIONS
Article 69. Effect and transitional provisions
1. This Law
takes effect on July 01, 2012.
The
provisions on complaints and settlement of complaints of Law No. 09/1998/QH10
on complaints and denunciations, which was amended and supplemented according
to Law No. 26/ 2004/QH11 and Law No. 58/2005/QH11, cease to be effective on the
effective date of this Law.
2. Complaints
which are accepted for settlement before the effective date of this Law shall
be settled in accordance with Law No. 09/1998/QH10 on complaints and
denunciations, which was amended and supplemented according to Law No.
26/2004/QH11 and Law No. 58/2005/QH11.
Article 70. Detailing provisions
The
Government shall detail articles and clauses assigned and Chapter 5 of this
Law.
This Law
was passed on November 11, 2011, by the XIIIth National Assembly at
its 2nd session.
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Sinh Hung |
Ý KIẾN