VietnameseDecree No. 53/2005/ND-CP dated April 19, 2005 of the Government 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
ATTRIBUTE
Decree No. 53/2005/ND-CP dated April 19, 2005 of the Government 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
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 53/2005/ND-CP | Signer: | Phan Van Khai |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 19/04/2005 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Appeal - Accuse |
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THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
No. 53/2005/ND-CP | Hanoi, April 19, 2005 |
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.
Article 4.- In the course of complaining, complainants must still abide by the administrative decisions which they complain about, except where such decisions are suspended from execution under the provisions of Articles 35 and 42 of the Law on Complaints and Denunciations.
Article 5.- Upon receiving written complaints, state agencies shall handle them as follows:
1. For written complaints falling under their respective settling jurisdiction and fully meeting the conditions stated in Article 1 of this Decree, they must accept them for settlement; where a written complaint is signed by many persons, they shall have to guide complainants to make separate written complaints.
2. For written complaints falling under their respective settling jurisdiction but failing to fully meet the conditions for acceptance for settlement as provided for in Article 1 of this Decree, they shall send written replies to complainants clearly stating the reasons for non-acceptance thereof.
3. For petitions containing both complaints and denunciations, the agencies receiving them shall have to handle the complaining contents according to the provisions in Clauses 1, 2 and 5 of this Article and the denouncing contents according to the provisions of Article 42 of this Decree.
4. For written complaints falling under the settling jurisdiction of their subordinates but having not yet been settled even the prescribed time limit has already expired, the heads of the superior state agencies shall request their subordinates to settle them while directing, inspecting, urging the settlement by their subordinates and to apply measures according to their competence to handle persons who show irresponsibility for or deliberately delay the settlement of such complaints. In case of necessity to apply measures beyond their jurisdiction, they shall request competent state agencies or persons to handle them.
5. For written complaints which do not fall under their settling jurisdiction or written complaints about cases or matters already settled under final decisions, the receiving agencies shall not have to accept them but issue documents guiding and replying the complainants. The guidance and reply shall be given only once for a case of complaint; where complainants send together with their written complaints papers and documents being originals related to the case of complaint, the receiving agencies shall return such papers and documents to the complainants.
Article 6.- State agencies receiving written complaints transferred by National Assembly deputies, People’s Council deputies, Vietnam Fatherland Front Committees and the Front’s member organizations or press agencies, which fall under their respective settling jurisdiction, shall accept them for settlement and notify such in writing to the agencies, organizations or individuals that have transferred the written complaints; if the written complaints do not fall under their settling jurisdiction, they shall return the complaints and notify such in writing to the agencies, organizations or individuals that have transferred the written complaints.
Article 7.- State inspectorates, when receiving the written complaints which fall under the jurisdiction of the heads of state administrative agencies of the same levels, shall have to examine them and report thereon to the heads of state administrative agencies of the same levels for decision to accept such complaints for settlement.
Section 2. RESPONSIBILITY OF HEADS OF STATE ADMINISTRATIVE AGENCIES IN THE SETTLEMENT OF COMPLAINTS
Article 8.-
1. In the course of settling complaints, first-time complaint settlers must hold face-to-face meeting and dialogues with complainants, complained persons and/or persons with relevant rights and interests in order to clarify the complaining contents, the demands of complainants and complaint-settling directions; such meetings and dialogues must be carried out in a public and democratic manner; if deeming it necessary, they may invite representatives of socio-political organizations to participate.
For subsequent settlements of complaints, face-to-face meetings and dialogues shall be carried out when they are deemed necessary. Where complaints involve complicated matters or cases, many people, severity and/or prolongation, subsequent settlers of such complaints must have face-to-face meetings and dialogues with complainants, complained persons and persons with relevant rights and interests. The meetings and dialogues shall be the same as the first-time ones.
Complainants may authorize their representatives to participate in such meetings and dialogues.
2. Complaint settlers shall have to notify in writing complainants, complained persons, persons with relevant rights and interests, representatives of socio-political organizations of the time, venues and contents of meetings and dialogues; the notified persons shall have to come to the places on time as notified.
3. At meetings or dialogues, complaint settlers must clearly state the contents of dialogue, the results of verification of the complaining contents; participants may state their opinions, present proofs related to the complaining cases or matters and their demands.
4. Meetings and dialogues must be recorded in writing; the written records must be clearly written with the opinions of participants, summarized results on the dialogued contents and signed by participants; where participants decline to sign for certification, the reasons therefor must be clearly written in the records which must be kept in the dossiers of the complaining cases or matters.
5. The results of meetings and dialogues shall serve a basis for settlement of complaints.
Article 9.-
1. Commune-level People’s Committee presidents shall have to settle complaints falling under their competence according to the order and procedures prescribed in the Law on Complaints and Denunciations and the Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations.
2. Basing themselves on provisions of law, results of meetings and dialogues, results of verification, conclusions and proposals on settlement of complaints, commune-level People’s Committee presidents shall issue decisions to settle complaints within the time limits prescribed by the Law on Complaints and Denunciations.
3. Commune-level People’s Committee presidents shall have to send complaint-settling decisions to complainants, complained persons, persons with relevant rights and interests and district-level People’s Committees; and, when necessary, to publicize such decisions.
4. Commune-level People’s Committee presidents shall have to execute, and organize the execution of, legally effective decisions on settlement of complaints within the scope of their respective responsibility.
Article 10.- Heads of agencies under district-level People’s Committees, heads of agencies under provincial/municipal Services, agencies under ministerial-level agencies or Government-attached agencies shall have to settle complaints falling under their respective competence. The settlement shall comply with the order and procedures prescribed in the Law on Complaints and Denunciations, the Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations and Article 9 of this Decree.
Article 11.-
1. District-level People’s Committee presidents shall have to settle complaints falling under their competence according to the order and procedures prescribed in the Law on Complaints and Denunciations and the Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations.
District-level chief inspectors shall have to verify, make conclusions and propose the settlement of complaints falling under the competence of district-level People’s Committee presidents.
2. Basing themselves on provisions of law, results of meetings and dialogues, results of verification, conclusions and proposals on settlement of complaints of the district-level chief inspectors, district-level People’s Committee presidents shall issue decisions to settle complaints within the time limits prescribed in the Law on Complaints and Denunciations.
3. District-level People’s Committee presidents shall have to send complaint-settling decisions to complainants, complained persons, persons with relevant rights and interests and provincial-level People’s Committees; and, when necessary, to publicize such decisions.
4. District-level People’s Committee presidents shall have to execute, organize the execution of, legally effectives decisions on settlement of complaints within the scope of their responsibility; to inspect and urge subordinate agencies and units in the execution of legally effective decisions on settlement of complaints.
Article 12.-
1 Provincial/municipal Services’ directors and the equivalent under provincial-level People’s Committees (referred collectively to as Services’ directors) shall have to settle complaints falling under their competence according to the order and procedures prescribed in the Law on Complaints and Denunciations and the Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations.
Provincial/municipal Services’ chief inspectors shall have to make verifications, conclusions and proposals on settlement of complaints falling under the competence of Services’ directors.
2. Basing themselves on provisions of law, results of meetings and dialogues, results of verifications, conclusions and proposals on settlement of complaints of Services’ chief inspectors, provincial/municipal Services’ directors shall issue settling decisions within the time limits prescribed in the Law on Complaints and Denunciations.
3. Services’ directors shall have to send complaint-settling decisions to complainants, complained persons, persons with relevant rights and interests and the persons with competence to further settle them; and, when necessary, to publicize such decisions.
4. Services’ directors shall have to execute, organize the execution of, legally effective decisions on settlement of complaints within the scope of their responsibility; to inspect and urge their subordinate agencies and units in execution of legally effective decisions on settlement of complaints.
Article 13.-
1. Provincial-level People’s Committee presidents shall have to settle complaints falling under their competence according to the order and procedures prescribed in the Law on Complaints and Denunciations and the Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations.
Provincial-level chief inspectors shall have to make verifications, conclusions and proposals on settlement of complaints falling under the competence of provincial-level People’s Committee presidents.
2. Basing themselves on provisions of law, results of meetings and dialogues, results of verifications, conclusions and proposals on settlement of complaints of the provincial-level chief inspectors, provincial-level People’s Committee presidents shall issue decisions on settlement of complaints according to provisions of the Law on Complaints and Denunciations.
For complicated cases and matters, before issuing final decisions on settlement of complaints, provincial-level People’s Committee presidents must consult with the concerned ministries, ministerial-level agencies and/or Government-attached agencies on contents related to their respective state management functions; upon consultation, they must clearly state the contents of the cases or matters and contents which need to be consulted on; upon receiving the consultation requests, the consulted ministries, ministerial-level agencies and/or Government-attached agencies shall have to reply within 15 days as from the date of receiving the requests.
3. Provincial-level People’s Committee presidents shall have to send complaint-settling decisions to complainants, complained persons, persons with relevant rights and interests; ministers, heads of ministerial-level agencies who have competence to further settle such complaints. If they are final decisions on settlement of complaints, such decisions shall be sent to the Prime Minister, the Inspector General and ministers, heads of ministerial-level agencies performing the state management over branches, domains related to the complaining contents; and, when necessary, to publicize such decisions
4. Provincial-level People’s Committee presidents shall have to execute, organize the execution of, legally effective decisions on settlement of complaints within the scope of their responsibility; to inspect and urge their subordinate agencies and units in execution of legally effective decisions on settlement of complaints.
Article 14.-
1. The ministers, the heads of ministerial-level agencies and the heads of the Government-attached agencies shall have to settle complaints falling under their respective competence according to the order and procedures prescribed in the Law on Complaints and Denunciations and the Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations.
Chief inspectors of the ministries shall have to make verifications, conclusions, proposals on settlement of complaints falling under the ministers’ competence.
2. Basing themselves on provisions of law, results of meetings and dialogues, results of verifications, conclusions and proposals on settlement of complaints, the ministers, the heads of ministerial-level agencies and the heads of Government-attached agencies shall issue decisions on settlement of complaints within the time limits prescribed in the Law on Complaints and Denunciations.
For complicated cases or matters, before issuing final decisions on settlement of complaints, the ministers or the heads of ministerial-level agencies must consult with the concerned ministries, branches and/or provincial-level People’s Committees on contents related to the state management functions of such ministries, branches or localities.
Upon consultation, the contents of cases or matters and the contents, which need to be consulted on must be clearly stated. The agencies receiving the consultation requests shall have to reply within 15 days as from the date of receiving the requests.
3. The ministers, the heads of ministerial-level agencies and the heads of Government-attached agencies shall have to send complaint-settling decisions to complainants, and complained persons, the persons with relevant rights and interests. If they are final decisions on settlement of complaints, they shall be addressed to the Prime Minister and the General Inspector. When necessary, complaint-settling decisions shall be publicized.
4. The ministers, the heads of ministerial-level agencies and the heads of Government-attached agencies shall have to execute, organize the execution of, legally effective decisions on settlement of complaints within the scope of their respective responsibility; to inspect, urge agencies and units under their management in execution of legally effective decisions on settlement of complaints.
Article 15.- The General Inspector shall have the power:
1. To settle complaints falling under his/her competence according to the order and procedures prescribed in the Law on Complaints and Denunciations and the Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations.
2. To assist the Prime Minister in monitoring, urging the ministries and ministerial-level agencies in the settlement of complaints related to many localities and many domains of state management.
3. To assist the Prime Minister in re-considering final complaint-settling decisions of ministers, heads of ministerial-level agencies or provincial-level People’s Committee presidents; in cases of detecting law violations which cause damage to the interests of the State, the legitimate rights and interests of citizens, agencies and/or organizations, to propose or request the decision issuers to make reconsideration. If after 30 days the proposals or requests are not implemented, to report thereon to the Prime Minister for consideration and decision.
Article 16.- Complaint settlers must issue complaint-settling decisions with the contents prescribed in Article 38 and Article 45 of the Law on Complaints and Denunciations; must not use notices, minutes of meetings or other forms of document to replace complaint-settling decisions.
Section 3. EXECUTION OF COMPLAINT-SETTLING DECISIONS
Article 17.- Legally effective decisions on settlement of complaints must be strictly observed by individuals, agencies or organizations; complaint-settling decision issuers shall have to urge, inspect, apply necessary measures according to competence or request competent state agencies to apply necessary measures for serious execution of complaint-settling decisions. In case of necessity, complaint-settling decision issuers shall request functional agencies to coordinate in organizing the execution of legally effective decisions on settlement of complaints.
Article 18.- Basing themselves on the contents of complaint-settling decisions of competent persons, heads of state agencies having their administrative decisions or administrative acts complained about shall have to:
1. Issue administrative decisions to replace or amend the complained administrative decisions and organize the execution of such decisions, stop the complained administrative acts in cases the complaining contents are correct; pay damages, restore legitimate rights and interests for the victims according to provisions of law.
2. Explain to, request complainants to strictly abide by the complaint-settling decisions, if the complaining contents are incorrect; in case of necessity, request functional agencies to apply measures according to competence to ensure the strict execution of legally effective complaint-settling decisions.
Article 19.- Heads of superior state agencies shall have to inspect, urge the heads of their subordinate state agencies with their administrative decisions or administrative acts complained about to fulfill their responsibilities defined in Article 18 of this Decree; in cases where responsible persons refuse to strictly abide by the complaint-settling decisions, they shall apply measures according to competence to force such persons to abide by the decisions; to handle or propose competent agencies to handle the persons who decline to abide by the legally effective decisions on settlement of complaints.
Article 20.- Heads of concerned state agencies shall strictly comply with the contents of the complaint-settling decisions relating to their responsibilities; coordinate with heads of state agencies defined in Articles 18 and 19 of this Decree in organizing the execution of complaint-settling decisions.
Section 4. RECONSIDERATION OF FINAL COMPLAINT-SETTLING DECISIONS IN VIOLATION OF LAW
Article 21.-
1. Final decisions on settlement of complaints must be strictly observed by complainants, complained persons, concerned citizens, agencies and organizations. Final complaint-settling decisions shall be reviewed only when there is one of the following grounds:
a) New circumstances are detected, thus substantially changing the contents of the final decisions on settlement of complaints;
b) The final complaint-settling decisions fail to match the objective circumstances of the contents of the complaints;
c) Serious violations of the order and procedures are committed when making verifications, conclusions and issuing the final complaint-settling decisions, which cause harms to the interests of the State, the legitimate rights and interests of citizens, agencies and/or organizations;
d) Serious mistakes are made in the application of policies and law in the course of settling complaints, thus causing harms to the interests of the State, the legitimate rights and interests of citizens, agencies and/or organizations;
e) The final complaint-settling decisions are issued ultra vires.
2. Persons who have issued final complaint-settling decisions shall have to fully supply information, documents and files on complaining cases or matters when so requested by competent authorities and must bear responsibility for the accuracy, truthfulness of the supplied information, documents and/or files.
3. The statute of limitations for requesting or proposing the review of final complaint-settling decisions which violate law shall be 24 hours as from the effective dates of such decisions, except for cases where the Prime Minister requests the review of final complaint-settling decisions.
Article 22.- Upon detecting one of the grounds defined in Clause 1, Article 21 of this Decree, persons who have issued final complaint-settling decisions shall have to review such decisions.
Article 23.-
1. When detecting that final complaint-settling decisions of ministers, heads of ministerial-level agencies or presidents of provincial-level People’s Committees show signs of law violation, the General Inspector shall request the persons who have issued such decisions to report in writing on the contents of the cases or matters and forward the copies of the case files. If necessary, the General Inspector shall organize the inspection of settlement of the complaints.
In cases where there is one of the grounds defined in Clause 1, Article 21 of this Decree, the General Inspector shall propose in writing ministers or heads of ministerial-level agencies or request presidents of provincial-level People’s Committees to reconsider the settlement of complaints.
The General Inspector’s written proposals or requests for review of final complaint-settling decisions shall be addressed to the Prime Minister, the ministers or the heads of ministerial-level agencies with the function of state management over the branches or domains related to the complaining contents, the complainants and the complained persons.
2. The ministers, the heads of ministerial-level agencies and the presidents of provincial-level People’s Committees, when receiving the written proposals or requests of the General Inspector, shall have to review the complaining cases or matters.
Within 30 days after receiving the written proposals or requests, the ministers, the heads of ministerial-level agencies or the presidents of provincial-level People’s Committees must report to the General Inspector on the realization of such proposals or requests. In cases where the proposals or requests are not materialized, the General Inspector shall report such to the Prime Minister for consideration and decision.
Article 24.-
1. Upon detecting that final complaint-settling decisions of provincial-level People’s Committee presidents, which fall under the state management domains of ministries or branches, show signs of law violation, ministers or heads of ministerial-level agencies shall request the persons who have issued the complaint-settling decisions to report in writing on the contents of the cases or matters and forward the files of such complaint cases or matters. If necessary, the ministers or the heads of ministerial-level agencies shall organize the inspection of the settlement of complaints.
In cases where there is one of the grounds defined in Clause 1, Article 21 of this Decree, the ministers or the heads of ministerial-level agencies shall request in writing provincial-level People’s Committee presidents to reconsider the settlement of complaints.
Written requests for reconsideration of the complaint settlement of ministers or heads of ministerial-level agencies shall be addressed to the Prime Minister, the General Inspector, the complainants and the complained persons.
2. Provincial-level People’s Committee presidents, when receiving the written requests of ministers or heads of ministerial-level agencies shall have to reconsider the complaint cases or matters.
Within 30 days after receiving the written requests, provincial-level People’s Committee presidents must report to the ministers or the heads of ministerial-level agencies on the realization of such requests. In cases where the requests are not materialized, the ministers or the heads of ministerial-level agencies shall report such to the Prime Minister for consideration and decision.
Article 25.- Ministers, heads of ministerial-level agencies and provincial-level People’s Committee presidents, after reconsidering their final complaint-settling decisions, if detecting one of the grounds defined at Clause 1, Article 21 of this Decree, shall have to issue decisions amending, supplementing or replacing the law-breaking final decisions on settlement of complaints.
In case of retaining the final complaint-settling decisions, ministers, heads of ministerial-level agencies or provincial-level People’s Committee presidents must report in writing to the persons who have requested or propose on the legal grounds for retaining their final complaint-settling decisions and send written replies to the complainants.
Article 26.- In the course of reconsidering the final complaint-settling decisions, if deeming that the execution of such decisions would result in hardly addressable consequences, the General Inspector, ministers or heads of ministerial-level agencies may request the suspension of execution of such decisions.
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