Circular No. 01/2006/TT-BNV of January 13th 2006, detail guidance on settling the complaints to against the disciplineddecision of civil servants in state-run administrative agencies

Summary
Content
Status
Vietnamese
Related documents
Diagram
Download

Error message

Font size:

ATTRIBUTE

Issuing body:	Ministry of Home Affairs	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	01/2006/TT-BNV	Signer:	Do Quang Trung
Type:	Circular	Expiry date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Issuing date:	13/01/2006	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Administration, Appeal - Accuse

For more details, click here.

Download files here.

LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency

Effect status:

MINISTRY OF HOME AFFAIRS -------	SOCIALIST REPUBLICOF VIETNAM Independence - Freedom– Happiness ----------
No: 01/2006/TT- BNV	Hanoi, January 13^th 2006

CIRCULAR

DETAIL GUIDANCE ON SETTLING THE COMPLAINTS TO AGAINST THE DISCIPLINEDDECISION OF CIVIL SERVANTS IN STATE-RUN ADMINISTRATIVE AGENCIES

Pursuant to the Law on Complaint and Denunciation dated December 2nd 1998 and the Law on Revised and Supplementary several Articles of Law on Complaint and Denunciation dated June 15th 2004.
Pursuant to the Ordinance on Civil Servants and Officials and the implementing guidance documents.
Pursuant to the Article 35 of the Decree No 53/2005/N§-CP dated April 19th 2005 of the Government.
The Ministry of Interior guides particularly to settle the complaint to against the disciplined decision of civil servants in the state-run administrative agencies (after-here shorted the complaint settlement) as bellows:

I- THE GENERAL PROVISIONS:

1. The Circular guides particularly to settle the complaint against the disciplined decision of civil servants in the state-run administrative agencies

The objects of the Circular include: the people who are employed and appointed in one of scales of civil servant, or assigned a permanent duty in state-run agencies in central, province, and district levels; or civil servant who are recruited and entrusted a specialized function in the commune people's committee, which are regulated at Point c and h of Item 1, Article 1 of the Ordinance on State Cadre and Civil Servant issued 1998, revised and supplemented in 2003.

2. Which company issues the disciplined decision, this very company has jurisdiction and responsibility to settle the complaint of it; in the case of the civil servants continue to appeal, the direct higher echelon agency have to solve it.

3. The settlement have to ensure the objective, democratic principles, and under the laws.

4. In the settlement process, the authorized agencies, who settle the complaint, have to hold the first meeting with the complainant, or his representative, or person with related rights and obligations (if necessary), to make a dialogue directly to clear the complaint content, requirements of the complainant, and giving the solving aspects. The meeting has to be held publicly and democratically.

For the second settlement, the meeting for direct conversation is only held when it is necessary. In the complicated, long lasting case or it appears more new details, which make a major change in content of the case, the second meeting will have to be held by the authorized agency to make clearly all details.

The complainants have the right to give his power to his legal representative to take part in the meeting and conversation.

5. The civil servants made the complaint must have enough acting ability in accordance with the law 's regulations.

If the complainants suffer a mental disease, or other illnesses, which are considered as unconscious or uncontrollable mind by the jurisdictional health agencies, they will have to make their complaint through legal representative. And if the civil servants are being ill or suffering a physical loss, and not enough health to implement their right to make a complaint, they are also entitled to authorize to their legal representatives.

6. Prescription:

a. The prescription for the first complaint is 15 days, from date the civil servants receive their disciplined decision.

b. The prescription for the second complaint is 10 days, from date the civil servants receive the first settlement decision.

The prescription for the second complaint of disciplined decision which force them to quit their jobs, or for starting a lawsuit in administrative court, is 30 days, from date the civil servant receives the first settlement decision.

c. In the case of civil servants meet some obstacles in their health, on their business, their study, or meet disasters, or other objective barriers, and they are unable to make their complaint in regulated prescription, so the time for obstacle will not be counted in the legal prescription for complaint.

This feature is available to English or Advanced account holders. Please log in to a subscriber account to see the full text. Don’t have an account? Register here

Please log in to a subscriber account to see the full text. Don’t have an account? Register here

Processing, please wait...

You are not logged in.

This feature is available to Advanced account holders. Please log in to access detailed information on Related documents.

If you do not have an account, please register here!

Processing, please wait...

LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency

VIETNAMESE DOCUMENTS

ENGLISH DOCUMENTS

Others

* Note: To view documents downloaded from LuatVietnam.vn, please install DOC, DOCX and PDF file readers

For further support, please call 19006192

Circular No. 01/2006/TT-BNV of January 13th 2006, detail guidance on settling the complaints to against the disciplineddecision of civil servants in state-run administrative agencies

ATTRIBUTE

VIETNAMESE DOCUMENTS

ENGLISH DOCUMENTS

SAME CATEGORY

Decision No. 30/2026/QD-TTg dated June 09, 2026 of the Prime Minister on organization and management of international conferences and seminars in Vietnam

Resolution No. 02/2026/UBTVQH16 dated May 25, 2026 of the National Assembly Standing Committee on adjustments to the 2026 Legislative Programme

Law No. 31/2004/QH11 dated December 3, 2004 of the National Assembly on promulgation of legal documents of People’s Councils, People’s Committees

Decision No. 82/2004/QD-BNV of November 17, 2004, on promulgation of criteria for the post of department director and equivalents under the people’s committee of province or centrally administered city

Decree No. 172/2004/ND-CP dated September 29, 2004 of the Government prescribing the organization of the professional agencies under the People's Committees of the rural and urban districts as well as provincial capitals and cities