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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 53/2005/ND-CP
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Hanoi, April 19, 2005
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DECREE
DETAILING AND GUIDING THE IMPLEMENTATION OF THE LAW ON COMPLAINTS AND DENUNCIATIONS AND THE LAW AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LAW ON COMPLAINTS AND DENUNCIATIONS
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the December 2, 1998 Law on Complaints and Denunciations;
Pursuant to the June 15, 2004 Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations
At the proposal of the General Inspector,
DECREES:
Chapter I
COMPLAINTS ABOUT ADMINISTRATIVE DECISIONS, ADMINISTRATIVE ACTS AND THE SETTLEMENT THEREOF
Section 1. COMPLAINTS AND HANDLING OF WRITTEN COMPLAINTS
Article 1.- State agencies shall accept complaints for settlement when the following conditions are fully met:
1. Complainants must be persons having their legitimate rights and interests directly affected by the administrative decisions or administrative acts they complain about.
2. Complainants must be persons having full act capacity to law provisions; in cases where complaints are lodged via their representatives, the latter must comply with the provisions of Article 2 of this Decree.
3. Complainants must make and send their written complaints to the right competent agencies within the statute of limitations and time limits prescribed by the Law on Complaints and Denunciations.
4. Complaints have not yet been given final decisions.
5. Complaints have not yet been enrolled for settlement by courts.
Article 2.-
1. Citizens exercise their right to complain by themselves or through their representatives according to provisions of law; when making complaints, representatives must have papers to prove to competent state agencies their lawful representation.
2. Agencies exercise their right to complain through representatives being their heads. Heads of agencies may authorize their representatives according to provisions of law to exercise the right to complain.
3. Organizations exercise their right to complain through representatives being their heads, defined in their establishment decisions or charters. Heads of organizations may authorize their represen-tatives according to provisions of law to exercise the right to complain.
Article 3.- Where complainants cannot make their complaints within the prescribed statute of limitations due to illness, natural disasters, enemy sabotage, their far-away working trips or study or other objective obstacles, the duration of existence of such obstacles shall not be counted into the statute of limitations for complaints; complainants must produce written certifications of commune-level People’s Committees, medical establishments, agencies or organizations where they work of the objective obstacles to the agencies competent to settle their complaints.
