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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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Law
No. 02/2011/QH13
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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.
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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.
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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.
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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.
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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
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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
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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.
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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;
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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.
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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;
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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:
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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;
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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;
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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;
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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:
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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
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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.
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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.
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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
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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
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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;
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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;
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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:
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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.
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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:
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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
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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
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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;
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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
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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
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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;
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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.
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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.
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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.
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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;
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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:
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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;
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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;
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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.
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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:
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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.
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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.
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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.
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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
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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.
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