Decree 124/2020/ND-CP detailing the Law on Complaints

DECREE

Detailing a number of articles of, and providing measures for implementing, the Law on Complaints

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Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Complaints dated November 11, 2011;

At the request of the Inspector General of the Government;

The Government hereby promulgates the Decree detailing a number of articles of, and providing measures for implementing, the Law on Complaints.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree details the following provisions of the Law on Complaints:

a) Provisions of Clause 2 Article 3 on the complaints and settlement of complaints in public non-business units;

b) Provisions of Clause 4 Article 8 on the cases where many persons jointly make a complaint about the same content;

c) Provisions of Clause 3 Article 41 on public notification of complaint settlement decisions;

d) Provisions of Clause 4 Article 46 on execution of legally effective complaint settlement decisions;

dd) Provisions of Clause 2 Article 58 on execution of legally effective decisions on settlement of complaints about disciplinary decisions against cadres or civil servants.

2. To provide a number of measures for implementing the Law on Complaints, including forms of complaint; second-time complaints; appointment of representatives to make complaints; order and procedures for complaint settlement; review of the settlement of complaints violating the law; handling of violations.

Article 2. Subjects of application

This Decree applies to Vietnamese agencies, organizations and citizens; foreign agencies, organizations and individuals in Vietnam involved in the complaint of administrative decisions, administrative acts, unless otherwise prescribed by treaties to which the Socialist Republic of Vietnam is a contracting party.

Chapter II

COMPLAINTS, APPOINTMENT OF REPRESENTATIVES TO PRESENT THE COMPLAINTS AND RESPONSIBILITIES OF THE AGENCIES, ORGANIZATIONS AND INDIVIDUALS IN THE COORDINATION OF SETTLEMENT IN CASE MANY PERSONS JOINTLY MAKE A COMPLAINT ABOUT THE SAME CONTENT

Section 1

COMPLAINTS AND APPOINTMENT OF REPRESENTATIVES TO PRESENT THE COMPLAINTS

Article 3. Forms of complaint

1. Forms of complaint shall comply with Clauses 1 and 2 Article 8 of the Law on Complaints. Written complaints shall be made according to Form No. 01 to this Decree.

2. In case the complainant makes a verbal complaint, the complaint recipient shall guide the complainant in making a written complaint or he/she shall record in writing the complaint using Form No. 01 to this Decree.

Article 4. Second-time complaints

1. 30 days after the expiration of the complaint settlement time limit specified in Article 28 of the Law on Complaints, 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 file 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.

The complainant shall send a second-time complaint enclosed with the first-time complaint settlement decision and relevant documents to a person competent to settle second-time complaints.

2. Past the prescribed time limit, if the first-time complaint remains unsettled, the complainant may send a written complaint and relevant documents to the person competent to settle second-time complaints, clearly stating the reason. The person competent to settle second-time complaints shall consider accepting and settling according to the second-time complaint settlement order and procedures. In such case, the complaint settlement decisions shall be considered the second-time complaint settlement decisions.

3. The person competent to settle second-time complaints shall take measures to attribute responsibilities under his/her competence toward the person competent to settle first-time complaints if any act of violation is committed.

Article 5. Complaints on behalf of others

1. The complainant may make a complaint himself/herself, or authorize a lawyer or legal aid provider, or authorize others with full civil act capacity to make a complaint on behalf of him/her. For a minor complainant, or a complainant who loses his/her civil act capacity, his/her at-law representative shall make a complaint on his/her behalf. The determination of the representative shall comply with civil law.

2. Agencies and organizations shall have their complaints filed by their at-law representatives. Their representatives may authorize lawyers or other persons with full civil act capacity to make complaints.

3. The authorization specified in Clauses 1 and 2 of this Article must be made in writing and certified or notarized. The mandator may authorize a person or many persons to make complaints about different contents but it is not allowed to authorize one content to different persons for implementation. A power of attorney for complaints shall be made according to Form No. 02 to this Decree.

4. If the complainant dies during the course of making a complaint, and his/her rights and obligations are inherited in accordance with law provisions, his/her heir must produce the agency competent to settle complaints of papers proving the inheritance right when making a complaint. The heir may make a complaint himself/herself, or authorize a lawyer, legal aid provider, or others with full civil act capacity to make a complaint on behalf of him/her. If there are many heirs, they may authorize one of them, or authorize a lawyer, legal aid provider, or others with full civil act capacity to make a complaint.

Article 6. Appointment of a representative to present in case many persons jointly make a complaint about the same content

1. In case where many persons jointly make a complaint about the same content, they must appoint a representative to present the complaint. The representative must be the complainant.

2. The appointment of representative shall be conducted as follows:

a) If there are 05 to 10 complainants, no more than two representatives shall be appointed;

b) If there are 11 or more complainants, additional representatives may be appointed, but the number of representatives must not exceed 05.

Article 7. Documents for appointing representatives

1. The appointment of a representative to present a complaint must be expressed in writing, in accordance with Point a, Point b Clause 4 Article 8 of the Law on Complaints.

2. Document appointing a representative for the complaint must contain the following contents:

a) Day, month, year;

b) Full name and address of the representative for the complaint;

c) The contents and scope of representation;

d) The signatures or fingerprints of the complainants;

dd) Other related contents (if any).

3. The representatives shall bear responsibility for their representation.

Section 2
RESPONSIBILITIES OF THE AGENCIES, ORGANIZATIONS AND INDIVIDUALS IN THE COORDINATION OF SETTLEMENT IN CASE MANY PERSONS JOINTLY MAKE A COMPLAINT ABOUT THE SAME CONTENT

Article 8. Responsibilities of agencies, organizations and individuals in the coordination of settlement in case many persons jointly make a complaint about the same content at the commune level

1. When arising the cases that many persons jointly make a complaint about the same content in a commune, ward or township (hereinafter referred to as commune level), Chairperson of the commune-level People's Committee shall be responsible for:

a) Assigning officials to receive representatives of the complainants for hearing the presentation on the complaint content. For a complicated case, the commune-level People’s Committee shall assume the prime responsibility for, and coordinate with the Fatherland Front and relevant socio-political organizations in, receiving and listening to representatives of the complaints to present the complaint content;

b) Directing the commune-level public security agency to maintain public order where the complaints gather;

c) Convincing and guiding the complainants to make the complaints in compliance with the provisions of law.

2. The head of the commune-level public security agency shall assume the prime responsibility for, and coordinate with the security forces, civil defense in maintaining public order where the complaints gather; handling the violations in accordance with law provisions.

3. Chairperson of the commune-level People's Committee shall accept and settle the complaints in accordance with the law on complaints. If the complaints are not under the competence, he/she shall guide citizens to the competent state agency for settlement.

Article 9. Responsibilities of agencies, organizations and individuals in the coordination of settlement in case many persons jointly make a complaint about the same content at the district level

1. The heads of the agencies where the complainants gather shall appoint officials or they shall receive the representatives of the complainants for hearing presentation on the complaint content at the citizen reception places. Where the complaints are under their competence, the heads of the agencies shall accept and settle the complaints in accordance with the law provisions. If the complaints do not fall under their competence, they shall guide the complaints to the competent state agency for settlement.

2. Head of the district-level citizen reception board of the place where the complainants gather shall be responsible for:

a) Presiding over or advising the Chairperson of People's Committee of district, ward, town or provincial city (herein referred to as the district level) to receive representatives of the complainants;

b) When necessary, requesting the Chairperson of the commune-level People's Committee where the complaints occur and the concerned agencies and organizations to provide information and documents on the complaints or appoint a person who has responsibility for receiving representatives of the complainants;

c) Monitoring and urging the Chairperson of the commune-level People's Committee in dealing with complaints transferred by the district-level citizen reception board.

3. The Chairperson of the district-level People's Committee shall directly meet or appoint a person who has responsibility for meeting representatives of the complainants to hear the presentation on the complaint content; settle the complaints in accordance with the law provisions.

4. Head of the district-level public security agency shall be responsible for ensuring security and public order; handling violations in accordance with law provisions.

5. The heads of the relevant state agencies shall be responsible for providing information and documents on the complaints; participating in reception of representatives of the complainants at the request of the persons who are competent to settle the complaints.

Article 10. Responsibilities of agencies, organizations and individuals in the coordination of settlement in case many persons jointly make a complaint about the same content at the provincial level

1. The heads of the agencies where the complainants gather shall appoint officials or they shall receive the representatives of the complainants for hearing presentation on the complaint content at the citizen reception places. Where the complaints are under their competence, the heads of the agencies shall accept and settle the complaints in accordance with the law provisions. If the complaints do not fall under their competence, they shall guide the complaints to the competent state agency for settlement.

2. The provincial-level citizen reception board shall be responsible for:

a) Presiding over or advising the Chairperson of People's Committee of the province or centrally-run city (herein referred to as the provincial level) to receive representatives of the complainants;

b) When necessary, requesting the Chairperson of the district-level People's Committee where the complaints occur to join in or appoint a person who has responsibility for receiving representatives of the complainants;

c) Requiring the concerned agencies and organizations to provide information and documents on the complaints or joint to receive representatives of the complainants;

d) Monitoring and urging the Chairperson of the district-level People's Committee in dealing with complaints transferred by the provincial-level citizen reception board.

3. The heads of the public security agencies managing areas and directors of provincial-level public security departments shall be responsible for ensuring security and public order; handling violations in accordance with law provisions.

4. The Chairperson of the provincial-level People's Committee shall directly meet or appoint a person who has responsibility for meeting representatives of the complainants to hear the presentation on the complaint content; settle the complaints in accordance with the law provisions.

5. The heads of the relevant state agencies shall be responsible for providing information and documents on the complaints; participating in reception of representatives of the complainants at the request of the persons who are competent to settle the complaints.

Article 11. Responsibilities of agencies, organizations and individuals in the coordination of settlement in case many persons jointly make a complaint about the same content to the central agencies

1. The heads of the agencies where the complainants gather shall appoint officials or they shall receive the representatives of the complainants for hearing presentation on the complaint content at the citizen reception places. Where the complaints are under their competence, the heads of the agencies shall accept and settle the complaints in accordance with the law provisions. If the complaints do not fall under their competence, they shall guide the complaints to the competent state agency for settlement.

2. The central citizen reception board shall be responsible for:

a) Assuming the prime responsibility for, and coordinating with representatives of concerned central agencies and the competent persons of the provincial-level People's Committee where the complaints occur to receive the complainants;

b) When necessary, requesting the Chairperson of the district-level People's Committee where the complaints occur to join in or appoint a person who has responsibility for receiving representatives of the complainants;

c) Requiring the concerned agencies and organizations to provide information and documents on the complaints or joint to receive representatives of the complainants;

d) Monitoring and urging the Chairperson of the provincial-level People's Committee in dealing with complaints transferred by the central citizen reception board;

dd) Coordinating with the Chairperson of the provincial-level People's Committee to mobilize and persuade citizens to return to their localities.

3. Chairperson of the provincial-level People's Committee where the complaints occur shall be responsible for:

a) Directly receiving or appointing responsible persons to coordinate with the central citizen reception board and relevant central functional agencies to receive representatives of the complainants;

b) Providing information and documents on the complaints at the request of the competent persons;

c) Settling complaints under the competence or direct agencies under the management to settle the complaints in accordance with law provisions;

d) Persuading and mobilizing citizens to return to their localities.

4. Commune-level, district-level, and provincial-level public security departments managing the areas where the complaints occur shall be responsible for ensuring security and public order; handling violations in accordance with law provisions.

5. Heads of the relevant agencies shall be responsible for providing information and documents related to the complaint at the request of the competent persons to resolve complaints; participating in receiving citizens, handling complaints related to the fields and sectors under their respective management as required.

Article 12. Responsibilities of the Inspector General of Government, the Minister of Public Security, Chairpersons of Hanoi People's Committee and Ho Chi Minh City People's Committee

1. Within the scope of their functions, duties and powers, the Inspector General of Government, the Minister of Public Security shall be responsible for the implementation, guidance, inspection and urging of the Chairpersons of People's Committees, public security agencies, inspection agencies at all levels and relevant agencies in handling the case where many persons jointly make a complaint about the same content.

2. Chairpersons of Hanoi People's Committee and Ho Chi Minh City People's Committee shall be responsible for support and coordination with the Inspector General of Government, the Minister of Public Security, central citizen reception boards in Hanoi and Ho Chi Minh City and the concerned ministries, branches in the handling of the cases that many persons jointly make a complaint about the same content as required.

Chapter III

COMPLAINTS AND SETTLEMENT OF COMPLAINTS IN PUBLIC NON-BUSINESS UNITS

Article 13. Complaints of administrative decisions and administrative acts in public non-business units

Complaint of an administrative decision or administrative act in a public non-business unit means that an agency, organization, or individual, according to the procedures specified by the Law on Complaints and this Decree, requests a public non-business unit or a competent person in the public non-business unit to review an administrative decision or act when having grounds to believe that such decision or act is unlawful and infringes upon its/his/her rights and legitimate interests.

Article 14. Competence to settle complaints in public non-business units

1. Heads of public non-business units have the competence to settle first-time complaints for their administrative decisions or administrative acts, or those of officials under their direct management.

2. Heads of immediate higher-level public non-business units have the competence to settle the second-time complaints for the administrative decisions or administrative acts s which are further filed after being settled by the heads of the subordinate-level public non-business units or in case the first-time complaints remain unsettled after the settlement time limit expires.

If a public non-business unit does not have an immediate higher-level public non-business unit, the head of the state agency managing such public non-business unit shall have the competence to settle the second-time complaint.

3. Complaints of administrative decisions, administrative acts of public non-business units established under the Prime Minister’s decisions, the ministers, heads of ministerial-level agencies of state management on fields, sectors shall be the ones who are competent for second-time complaint settlement.

Article 15. Rights and obligations of the complainants, the complained, complaint settlers, statute of limitations for filing a complaint, time limit for settling complaints, order and procedures for settling complaints

The rights and obligations of the complainants, the complained, complaint settlers, statute of limitations for filing a complaint, time limit for settling complaints, order and procedures for settling complaints about administrative decisions, administrative acts in public non-business units shall comply with the Law on Complaints and this Decree.

Chapter IV

ORDER AND PROCEDURES FOR COMPLAINT SETTLEMENT

Section 1

ACCEPTANCE AND PREPARATION FOR VERIFICATION OF THE COMPLAINTS

Article 16. Acceptance and settlement of complaints

1. Within 10 working days after receiving the complaint about an administrative decision, administrative act, or disciplinary decision against cadres or civil servants under the competence other than the cases specified in Article 11 of the Law on Complaints, the person competent to settle the first-time complaint or second-time complain must accept and settle it. In case where many persons jointly make a complaint about the same content and a representative is appointed to present the complaint contents, then when accepting the complaint, the written complaint must bear all signatures of the complainants, together with a written appointment of a representative in accordance with Article 7 of this Decree. In case of refusal of settlement, a written notice clearly stating the reason shall be sent to the complainants.

2. Regarding the complaint about an administrative decision or administrative act, the person competent to settle the complaint shall send a written notice of the acceptance or non-acceptance to the complainant, competent agency, organization, unit or person that transferred the complaint (if any) and state inspection agency at the same level. Regarding the complaint about a disciplinary decision against cadres or civil servants, the written notice of the acceptance or non-acceptance shall be sent to the complainant. In case where many persons jointly make a complaint about the same content and representatives are appointed to present the complaint contents, the written notice of acceptance or non-acceptance shall be sent to one of the representatives.

The written notice of the acceptance shall be made according to Form No. 03 to this Decree. The written notice of the non-acceptance shall be made according to Form No. 04 to this Decree.

Article 17. Review of administrative decisions, administrative acts and disciplinary decisions against cadres or civil servants

1. After accepting the complaint, the person competent to settle the first-time complaint shall review the complained administrative decision or administrative act.

Regarding the complaint about a disciplinary decision against cadres or civil servants, the person competent to settle the complaint must directly review or assign a responsible person to review such disciplinary decision.

2. Contents of review include:

a) Legal grounds for issuing an administrative decision, performing an administrative act, or issuing a disciplinary decision against cadres or civil servants;

b) Competence to issue an administrative decision, perform an administrative act, or issue a disciplinary decision against cadres or civil servants;

c) Content of an administrative decision, the performance of an administrative act, or content of a disciplinary decision against cadres or civil servants;

d) The order and procedures for issuance, forms and techniques of presentation of an administrative decision or a disciplinary decision against cadres or civil servants;

dd) Other contents (if any).

3. After review, if the complaint is correct, the person competent to settle the first-time complaint shall promptly issue a complaint settlement decision. If having no ground to make conclusions on the complaint contents, the person competent to settle the complaint shall conduct verification.

Regarding the complaint about a disciplinary decision against cadres or civil servants, if deeming that the complaint content is well-founded, the person competent to settle the complaint shall request the cadre and civil servant disciplining council to consider and request a competent person to settle the complaint.

Article 18. Assignment of the task of verification of complaint contents

The complaint settler shall verify himself/herself or assign the state inspection agency at the same level, or an agency, organization, unit, or person under his/her management to conduct the verification of complaint contents. The complaint settler or an organization, agency or unit assigned to verify shall issue a decision on verification of complaint contents, clearly defining the person conducting the verification, rights and obligations of such person, time and verification contents. The decision verifying the complaint contents shall be made according to Form No. 05 to this Decree.

Section 2
VERIFICATION OF COMPLAINT CONTENTS

Article 19. Directly working with the complainants, representatives, authorized persons, lawyers, legal aid providers of the complainants

1. The complaint settlers or persons assigned the tasks of verifying the complaint contents shall directly work with, and request the complaints, or their representatives, authorized persons, lawyers, legal aid providers to provide information, documents and proofs related to personal details and complaint contents.

2. Working contents shall be recorded in the minutes, clearly stating the time, place, components, contents and signatures of the parties. In case where the complainant fails to cooperate, work or sign in the working minutes, such minutes shall bear the signature of the witness or the representative of the local administration. Such a minutes must be made in two copies, kept by each party. The working minutes shall be made according to Form No. 06 to this Decree.

Article 20. Directly working with persons with related rights and interests and the complained

1. During the first-time complaint settlement, the complaint settler or person assigned the task of verification shall directly work with persons with related rights and interests and request them to provide information, documents and proofs related to the complaint contents.

2. During the second-time complaint settlement, the complaint settler or person assigned the task of verification shall directly work with the complained and persons with related rights and interests and request them to provide information, documents and proofs related to the complaint contents, explanations about the complained administrative decisions or administrative acts.

3. Working contents specified in Clauses 1 and 2 of this Article shall be recorded in the minutes, clearly stating the time, place, components, contents and signatures of the parties. Such a minutes must be made in two copies, kept by each party. The working minutes shall be made according to Form No. 06 to this Decree.

Article 21. Requesting concerned agencies, organizations, units and individuals to provide information, documents and proofs

During the verification of the complaint contents, the complaint settler or person assigned the task of verification shall send a written request to concerned agencies, organizations, units and individuals for the provision of information, documents and proof relating to the complaint contents. The written request shall be made according to Form No. 07 to this Decree.

In case of directly working with concerned agencies, organizations, units and individuals to request the provision of information, documents and proofs, the working minutes is required. Such a minutes must be made in two copies, kept by each party. The working minutes shall be made according to Form No. 06 to this Decree.

Article 22. Receipt and processing of information, documents and proofs

The complaint settler or person assigned the task of verification must make a delivery and receipt minutes when receiving information, documents and proofs directly provided by the complainant or his/her representative, authorized person, lawyer or legal aid provider, the complained, agencies, organizations, units or individuals. The delivery and receipt minutes shall be made according to Form No. 08 to this Decree.

Article 23. Field verification

1. In case of necessity, the complaint settler or person assigned the task of verification shall conduct the field verification to collect, check and verify the accuracy, validity and completeness of information, documents and proofs relating to the complaint case.

2. Field verification shall be recorded in writing, sully stating the time, place, working components, contents, verification results and opinions of persons involved in the verification and other related persons. The minutes shall be made according to Form No. 06 to this Decree.

Article 24. Solicitation of expert assessment

1. The complaint settler shall decide to solicit expert assessment when deeming it necessary to have expert opinions on professional or technical matters for use as a basis for making conclusions on complaint contents.

2. The complainant, the complained and concerned agencies, organizations may request the complaint settler to solicit expert assessment. When deeming the request of the complainant, the complained and concerned agencies and organizations having grounds, the complainant, the complaint settler shall decide to solicit expert assessment.

The decision on solicitation of expert assessment specified in Clauses 1 and 2 of this Article shall be made according to Form No. 09 to this Decree.

3. The solicitation of expert assessment shall be made in writing, clearly stating the name of the assessing agency or organization, information and documents to be assessed, contents requested to be assessed, and deadline for assessment conclusions.

The written request for expert assessment shall be made according to Form No. 10 to this Decree.

Article 25. Working with involved parties in verification of complaint contents

If the verification result is different from the information, documents and proofs provided by the complainant or the complained, the complaint settler or person assigned the task of verification shall organize and work with the complainant, the complained. In case of necessity, he/she shall invite related agencies, organizations, units and individuals to join the working session.

The working contents must be recorded in writing, clearly stating the time, place, participants, contents, participants’ opinions, agreed contents, matters with different opinions and bearing the parties’ signatures. Such a minutes must be made in three copies at least, kept by each party. The working minutes shall be made according to Form No. 06 to this Decree.

Article 26. Suspension of the execution of the complained administrative decisions

1. In the course of settlement of a complaint, if finding that the execution of the complained administrative decision might lead to irremediable consequences, the complaint settler shall issue a decision to suspend the execution of such administrative decision. The suspension duration must not exceed the remaining duration of the settlement time limit. The suspension decision shall be made according to Form No. 11 to this Decree.

2. When finding the reason for suspension no longer exists, the complaint settler shall promptly cancel the suspension decision. The cancellation decision shall be made according to Form No. 12 to this Decree.

Article 27. Reports on results of the verification of complaint contents

1. The persons assigned the task of verification must send reports on results of the verification of complaint contents to the complaint settlers in an honest and objective manner.

2. A report on results of the verification of complaint contents must include contents specified in Clause 4 Article 29 of the Law on Complaints. Such a report must specify the information about the complainant, the complained, the complained administrative decision, administrative act or disciplinary decisions against cadres or civil servants, the complainant's request, grounds for complaint; the previous complaint settlement results (if any); verification result of each content assigned to be verified; conclusion that the complaint contents assigned to be verified are correct, partially correct or wholly wrong; proposal for upholding, wholly cancellation or modification, supplementation of part of the administrative decision, or disciplinary decisions against cadres or civil servants, or termination of the complained administrative act; or proposal for the issuance of the complaint settlement decision.

The report on verification results shall be made according to Form No. 13 to this Decree.

Article 28. Organization of dialogs in the course of settlement of second-time complaints

1. In the course of settlement of a second-time complaint, the complaint settler must organize the dialogs.

a) The person settling the second-time complaint who is the Chairperson of the district-level People’s Committee or Director of provincial-level Department, or equivalent must directly hold the dialogs with the complainant.

b) The person settling the second-time complaint who is the Minister, head of the ministerial-level agency, or Chairperson of the provincial-level People’s Committee must directly hold the dialogs, for the complicated case (many persons jointly make a complaint about the same content, competent agencies have different opinions about settlement measures, the complainant has a harsh attitude, or the case attracts social attention, or affects political security or social order and safety).

For other cases, the complaint settler may assign his/her deputy or head of the specialized agency at the same level, or head of the affiliated agency or unit that is assigned the task of verification to hold the dialogs with the complainant. During the dialog, the assigned one must timely report to the complaint settler of complicated contents which are beyond his/her competence; end of the dialog, he/she must report the complaint settler of the dialog result and take responsibility for the report contents.

2. The person presiding over the dialog must directly hold the dialog with the complainant, the complained and persons with related rights and interests. During the dialog, the person presiding over the dialog must specify the contents subject to the dialog, results of the verification of the complaint contents; persons participating the dialog may give their opinions, provide additional information, documents and proofs relating to the complaint and their requests. The person presiding over the dialog shall send a written notice to the dialog participants, including the complainant, the representative (in case many persons jointly make a complaint about the same content), the complained, persons with related rights and interests, and related agencies and organizations of the time, location and contents of the dialog.

3. The dialog must be recorded in writing, clearly stating the time, location, participants (specifying the participants and absentees; specifying whether the complainant fails to join the dialog with reason or without reason), contents, participants’ opinions, agreed contents, matters with different opinions, bearing the parties’ signatures. Such a minutes must be made in three copies at least, kept by each party. The minutes shall be made according to Form No. 14 to this Decree.

Section 3

ISSUANCE, SENDING AND PUBLIC NOTIFICATION OF DECISIONS ON COMPLAINT SETTLEMENT, AND COMPLICATION AND MANAGEMENT OF COMPLAINT SETTLEMENT DOSSIERS

Article 29. Issuance, sending and public notification of decisions on complaint settlement

1. The complaint settlers shall, based on law provisions, results of the verification of complaint contents, dialog results (if any), issue the decisions on complaint settlement in accordance with the following regulations:

a) Decisions on first-time settlement of administrative decisions or administrative acts shall comply with Article 31 of the Law on Complaints; Decisions on second-time complaint settlement shall comply with Article 40 of the Law on Complaints.

The complaint settlement decision must specify conditions for acceptance and settlement of the complaint; name and addresses of the complainant and the complained; complaint contents and reasons, requests of the complainant; previous complaint settlement results (if any); results of the verification of complaint contents; specify the grounds for conclusion that the complaint contents are correct, partially correct or wholly wrong; upholding, wholly cancellation or modification, supplementation of part of the administrative decision, or termination of the complained administrative act (for first-time complaint settlement decisions); or requesting the person issued the complained administrative decision or performed the complained administrative act to modify or cancel a part or whole of that administrative decision, or terminate the complained administrative act (for second-time complaint settlement); payment of compensations for damage to sufferers (if any) and settlement of related matters; the right to file a second-time complaint or the right to institute an administrative case at court.

b) Decisions on first-time complaint settlement of disciplinary decisions against cadres or civil servants shall comply with Article 54 of the Law on Complaints; Decisions on second-time complaint settlement of disciplinary decisions against cadres or civil servants shall comply with Article 56 of the Law on Complaints.

The complaint settlement decision must specify name and addresses of the complainant and the complained; complaint contents and reasons, verification results and dialog results; specify the grounds for settlement of the complaint; conclusion of the complaint contents; upholding, modification, supplementation or cancellation of part or the whole of the disciplinary decision (for first-time complaint settlement decisions); or conclusions on each specific matter in the complaint and the settlement by the first-time complaint settler (for second-time complaint settlement decisions); payment of compensations for damage to sufferers (if any) and settlement of related matters; the right to file a second-time complaint or the right to institute an administrative case at court.

c) Decisions on first-time complaint settlement shall be made according to Form No. 15, decisions on second-time complaint settlement shall be made according to Form No. 16 to this Decree.

2. Sending of decisions on complaint settlement:

a) For decisions on settlement of complaints about administrative decisions and administrative acts:

Within 03 working days from the date of issuing the first-time complaint settlement decision, the complaint settler shall send the decision on complaint settlement to the complainant, the direct superior of the complaint settler; the second-time complaint settler, persons with related rights and obligations; concerned agencies, organizations and individuals.

Within 07 working days from the date of issuing the second-time complaint settlement decision, the complaint settler shall send the complaint settlement decision to the complainant, the complained, the first-time complaint settler; persons with related interests or obligations; concerned organizations, agencies and individuals.

b) For decisions on settlement of complaints about disciplinary decisions against cadres or civil servants:

Within 03 working days from the date of issuing the first-time complaint settlement decision, the complaint settler shall send the decision on complaint settlement to the complainant, the complained; persons with related rights and obligations; concerned agencies, organizations and individuals.

Within 07 working days from the date of issuing the second-time complaint settlement decision, the complaint settler shall send the complaint settlement decision to the complainant, the first-time complaint settler; persons with related interests or obligations; concerned organizations, agencies and individuals. Second-time complaint settlement decisions issued by the ministers, heads of ministerial-level agencies, heads of government-attached agencies or Chairpersons of provincial-level People’s Committees shall be sent to the Government Inspector General and Minister of Home Affairs.

3. Publication of decisions on complaint settlement:

Within 15 days from the date the decision to settle the complaint is issued, persons competent to settle the complaint shall be responsible for publication of the decision on complaint settlement in one of the following forms:

a) Publication at the meeting held at the agency or organization where the complained is working

Participants: Complaint settler, complainant or the representative to present the complaint, the complained and concerned agencies, organizations and individuals. 03 days prior to the public meeting, the person competent to settle the complaint shall send a written notice to the concerned agencies, organizations and individuals.

b) Listing at the head office or citizen reception place of the agency or organize that has settled the complaint. The complaint settlement decision must be listed at least 15 days.

c) Public notification in the mass media

Decisions on complaint settlement shall be publicly notified in the mass media, including audio media, visual media, print media and online media. Persons competent to settle the complaint shall be responsible for choosing one of the mass media to make the public notification. If the complaint settlers’ agencies have portals or websites, such decisions must be publicized on their portals or websites. The public notification on audio media or visual media shall be made for at least 02 broadcastings, or 2 consecutive issues for print media, while the public notification on online media and portals or websites must last at least 15 consecutive days.

Article 30. Compilation and management of complaint settlement dossiers

Persons assigned the task of verifying the complaint contents shall compile complaint settlement dossiers; summarize information, documents and proofs relating to the complaint contents, verification results, conclusions, proposals and complaint settlement decisions.

Chapter V
EXECUTION OF LEGALLY EFFECTIVE COMPLAINT SETTLEMENT DECISIONS

Article 31. Responsibilities of complaint settlers in the execution of legally effective complaint settlement decisions

1. Within 05 working days, from the date the complaint settlement decision comes into force, within the ambit of the tasks and powers, the complaint settler shall be responsible for taking measures to implement, or issuing documents to direct related agencies, organizations and individuals to organize the execution of the legally effective complaint settlement decision. Such a direction must specify responsibilities of the executing organizations or agencies, the agencies, organizations or individuals obligated to execute; responsibilities of relevant agencies, organizations and individuals; contents and deadline for execution; reports on the execution to the complaint settler.

2. The person competent to settle the complaint shall conduct himself/herself, or assign relevant agency or organization to conduct, or assign the state inspection agency at the same level to conduct the monitoring, urging and inspection of the execution of legally effective complaint settlement decisions. In case of detecting any agency, organization or individual failing to execute, or failing to execute the legally effective complaint settlement decision in a proper, complete and timely manner, he/she may take measures for timely and strictly handling according to the competence. Cases beyond the competence shall be proposed to the competent agencies, organizations or individuals for settlement.

Article 32. Responsibilities of the complained in the execution of legally effective complaint settlement decisions

1. The complained shall, based on the legally effective complaint settlement decision, organize the execution of the legally effective complaint settlement decision.

a) If the complaint settlement decision mentions the modification, supplementation or cancellation of a part or the whole of an administrative decision, the complained shall issue the new decision replacing, amending or supplementing the complained one; take measures under his/her competence in order to restore the legal rights and interests of the complainant and involved persons that have been infringed.

b) If the complaint settlement decision concludes that the administrative decision is compliant with the law, the complainant shall abide by that administrative decision. If the complainant fails to comply with such decision, the competent person shall organize to enforce the complainant to execute that administrative decision. The competence, order and procedures for enforcement of administrative decisions shall comply with the law on enforcement of administrative decisions. The person competent to enforce shall make a plan to organize the enforcement in an effective and feasible manner; focus on mobilization and persuasion of the person subject to the enforcement to voluntarily execute the administrative decision before taking coercive measures; closely coordinate with organizations and unions, and participate in the enforcement.

c) If the complaint settlement decision concludes that the administrative act is compliant with the law, the complainant shall follow that act. If the complaint settlement decision concludes that the administrative act is unlawful, the complained must terminate that act.

2. The complained shall be responsible for reporting competent other agencies, organizations and individuals of the execution of legally effective complaint settlement decisions.

Article 33. Responsibilities of the complainants in the execution of legally effective complaint settlement decisions

1. To coordinate with the competent agencies, organizations and individuals to restore their legitimate rights and interests infringed by unlawful administrative decisions or administrative acts (if any).

2. To execute the administrative decisions, administrative acts to be complained if the administrative decisions, administrative acts are concluded by competent persons that they are lawful.

3. To abide by the decisions of the competent agencies to execute the legally effective complaint settlement decisions.

Article 34. Responsibilities of the persons with legitimate rights and interests in the execution of legally effective complaint settlement decisions

1. To collaborate with the competent agencies, organizations and individuals in restoration of the legitimate rights and interests of the complainants; restoration of their legitimate rights and interests that have been infringed by unlawful administrative decisions, administrative acts.

2. To abide by the administrative decisions of the competent agencies to execute legally effective complaint settlement decisions with content related to their legitimate rights and interests.

Article 35. Responsibilities of agencies, organizations managing cadres and civil servants in the execution of legally effective complaint settlement decisions

Agencies, organizations managing cadres and civil servants who have administrative decisions, administrative acts complained within their functions, tasks and powers shall be responsible for executing the legally effective complaint settlement decisions; guiding, inspecting and urging cadres and civil servants in the execution of legally effective complaint settlement decisions.

Article 36. Responsibilities of the agencies assigned the organization and execution of legally effective complaint settlement decisions

1. To take measures within the ambit of competence to organize the execution of legally effective complaint settlement decisions; assume the prime responsibility for, and coordinate with concerned organizations and agencies in, organizing the execution of legally effective complaint settlement decisions under Point a Clause 1 Article 32 of this Decree; request affiliated agencies, organizations and individuals to take measures to execute administrative decisions. In case of beyond the competence, to propose competent agencies, organizations and individuals to take measures to execute legally effective complaint settlement decisions.

2. To assist heads of administrative agencies that have issued complaint settlement decisions in monitoring, inspecting and urging assigned agencies, organizations, individuals, cadres and civil servants to execute legally effective complaint settlement decisions.

3. To report competent persons to timely handle issues arising in the execution of legally effective complaint settlement decisions.

Article 37. Responsibilities of the other agencies, organizations and individuals in the execution of legally effective complaint settlement decisions

Within the scope of their functions, tasks, powers, concerned agencies, organizations and individuals shall have to abide by administrative decisions of the competent agencies to execute legally effective complaint settlement decisions; coordinate with competent agencies, organizations and individuals in organizing the implementation of legally effective complaint settlement decisions upon requests.

Article 38. Review of the settlement of complaints which is contrary to law

When detecting the settlement of complaints contrary to law, causing damage to the interests of the State, legitimate rights and interests of citizens, agencies, organizations, the Prime Minister shall request the competent persons, or assign the Government Inspector General, ministers or head of ministerial-level agencies to review and report to the Prime Minister for direction and settlement.

Chapter VI
HANDLING OF VIOLATIONS

Article 39. Principles of handling violations

1. Persons competent to settle complaints, persons assigned the task of verifying the complaint contents and persons responsible for organizing the execution of legally effective complaint settlement decisions who commit acts of violation against the law on complaints shall, depending on the nature and severity of their violations, be disciplined in accordance with Articles 40, 41 and 42 of this Decree. Disciplinary forms include reprimand, warning, salary reduction, demotion, dismissal and sack. If there is any sign of crime, they shall be examined for penal liability. If causing damage, they shall pay compensations under law.

For principles, competence, order, procedures and other contents relating to the discipline of persons in charge of complaint settlement, persons assigned the task of verifying the complaint contents, persons executing legally effective complaint settlement decisions who commit acts of violation against the law on complaints but not yet mentioned in this Decree, the law on disciplining cadres, civil servants and public employees shall prevail.

2. The complainants and related persons who commit acts of violation shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability. If causing damage, they shall pay compensations under law.

Article 40. Disciplining persons assigned the task of verifying the complaint contents

1. Reprimand shall be applied to persons assigned the task of verifying the complaint contents when any of the following acts of violation is committed:

a) Giving unreasonable demands, obstructing, causing troubles or harassments to the complainants, persons authorized to make complaints and the complained.

b) Covering up the complained.

c) Threatening to take revenge on complainants, persons authorized to make complaints and the complained.

2. Warning shall be applied to persons assigned the task of verifying the complaint contents when there are any of the acts of intentionally omitting proofs or missing information, documents, or falsifying case records when verifying the complaint contents.

3. Demotions or dismissal shall be applied to persons assigned the task of verifying the complaint contents when there is an act of intentionally reporting incorrect verification results of the complaint contents, thus leading to the wrong complaint settlement decisions causing serious security or social order destabilization or causing human death. In case persons assigned the verification task have no title, a salary reduction shall be applied.

Article 41. Disciplining persons competent to settle complaints

1. Reprimand shall be applied to persons competent to settle complaints when any of the following acts of violation is committed:

a) Giving unreasonable demands, obstructing, causing troubles or harassments to the complainants, persons authorized to make complaints and the complained.

b) Covering up the complained.

c) Threatening to take revenge on complainants, persons authorized to make complaints and the complained.

2. Warning shall be applied to persons competent to settle complaints when any of the following acts of violation is committed:

a) Intentionally refusing to accept and settle the complaints under the competence which are eligible for acceptance.

b) Intentionally omitting proofs or missing information, documents, or falsifying case records.

c) Intentionally refusing to issue complaint settlement decisions.

3. Demotion or dismissal shall be applied to persons competent to settle complaints when any of the following acts of violation is committed:

a) Committing serious violations in carrying out the order and procedures for complaint settlement, causing serious security or social order destabilization or causing human death.

b) Intentionally issuing complaint settlement decisions in contravention of law, causing serious security or social order destabilization or causing human death.

Article 42. Disciplining persons in charge of organizing the execution of legally effective complaint settlement decisions

1. Reprimand shall be applied to persons in charge of organizing the execution of legally effective complaint settlement decisions when any of the following acts of violation is committed:

a) Covering or failing to handle agencies, organizations and individuals that fail to execute legally effective complaint settlement decisions.

b) Organizing the improper or insufficient execution of legally effective complaint settlement decisions.

2. Warning shall be applied to persons in charge of organizing the execution of legally effective complaint settlement decisions who intentionally refuse to organize the execution of legally effective complaint settlement decisions.

Chapter VII
IMPLEMENTATION PROVISIONS

Article 43. Effect

1. The settlement of complaints in state-owned enterprises and employees’ complaints in public non-business units shall comply with the Government’s Decree No. 24/2018/ND-CP dated February 27, 2018, on providing regulations on the settlement of complaints and denunciations in the field of labor, vocational education and sending Vietnamese workers to work abroad under contracts, employment, occupational safety and hygiene and relevant laws on complaints.

2. This Decree takes effect from December 10, 2020, and replaces the Government's Decree No. 75/2012/ND-CP dated October 03, 2012, detailing a number of articles of the Law on Complaints.

Article 44. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and centrally-run cities, and related agencies, organizations and individuals shall be responsible for the implementation of this Decree./.