Decree 75/2012/NĐ-CP of Government date issued 03/10/2012

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Decree No. 75/2012/ND-CP dated October 03, 2012 of the Government detailing a number of articles of the Law on complaints

Issuing bodies:	Government	Effective date:	Known
Official number:	75/2012/ND-CP	Signer:	Nguyen Tan Dung
Legislation Type:	Decree	Expired date:	Known
Issuing date:	03/10/2012	Effect:	Known
Fields:	Appeal - Accuse

Summary

DECISION’S PUBLICATION ON COMPLAINT SETTLEMENT

On October 03, 2012, the Government issued the Decree 75/2012/ND-CP detailing a number of Articles of the Law on Complaints.

Under the Decree, within 15 days from the decision to settle the complaint, those who are competent to settle the second complaint are responsible for publication of decision on complaint settlement in one of the following forms: at the meeting, posting in offices or places where receive citizens of the agencies, organizations that have resolved the complaints; or on the mass media.

Of which, the notice of the decision on settlement of complaints on the mass media is performed on radio, television, print press, electronic press. Persons who are competent to settle complaints are responsible for choosing one of the mass media to make the announcement. The number of times publicized on the radio: at least 02 times; television: at least 02 times; print press: at least 02 times; time to publish in the e-press, on the electronic portal or on electronic information page is at least 15 days from the date of notification.

Besides, the Decree also regulated in detail on settlement of complaint in the public service providing units, state-owned enterprises when many people complain together in the same content. Accordingly, while many people complain together in the same content, they must appoint a representative to present the complaint. The representative must be the complainant. In case of having 5 to 10 complainants, then appoint one or two representatives; In case of having 10 or more complainants, then may appoint additional representatives, but not more than 5 people…

This Decree takes effect from November 20, 2012.

For further details of the Decree 75/2012/ND-CP, Click here

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translation of the Official Gazette of the Vietnam News Agency

Effect: Known

THE GOVERNMENT
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No.: 75/2012/ND-CP

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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Hanoi, October 03, 2012

DECREE

DETAILING A NUMBER OF ARTICLES OF THE LAW ON COMPLAINTS

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

At the request of the General Inspector of the Government;

The Government issues the Decree detailing a number of Articles of the Law on Complaints,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of governing

This Decree shall detail the following Articles of the Law on Complaints:

1. Clause 2 of Article 3 of the complaints and settlement of complaints in the public service providing units, state-owned enterprises;

2. Clause 4 of Article 8 of the many people together complain the same content;

3. Article 23, Article 24, Article 26 of the consideration of settlement of complaints of violations of law;

4. Clause 3 of Article 41 of the publication of decision on settlement of the complaints;

5. Clause 4 of Article 46 on the implementation of the valid decision to settle complaints; Clause 2 of Article 58 on the implementation of the decision to settle complaints against valid decisions on disciplinary of officials and civil servants;

6. Chapter V of reception of citizens.

Article 2. Application Subjects

This Decree applies to Vietnamese agencies, organizations, citizens; foreign agencies, organizations and individuals in Vietnam in the complaint of administrative decision, administrative acts, except the international agreements which Socialist Republic of Vietnam is a contracting party otherwise provided for.

Chapter 2.

COMPLAINTS AND SETTLEMENT OF COMPLAINTS IN THE PUBLIC SERVICE PROVIDING UNITS, STATE-OWNED ENTERPRISES

Article 3. Complaints, settlement of complaint against administrative decisions, administrative acts in the public service providing units, state-owned enterprises

1. Complaint against administrative decisions, administrative acts in the public service providing units, state-owned enterprises is the one that citizens, agencies, organizations, public servants, workers in the public service providing units, state-owned enterprises (hereinafter referred to as the complainant) in accordance with the procedures set out in the Complaint Law and this Decree propose the public service providing units, state-owned enterprises, those who are competent in the units, enterprises to review their administrative decisions, administrative acts when there are grounds to assume that those decisions, acts are unlawful, infringe their legitimate rights and interests.

2. The heads of the public service providing units, the legal representatives of the state-owned enterprises have jurisdiction for first settlement of complaints for their administrative decisions, administrative acts, of officials, public servants, employees under their direct management.

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Attribute

Decree No. 75/2012/ND-CP dated October 03, 2012 of the Government detailing a number of articles of the Law on complaints

Issuing bodies:	Government	Effective date:	Known
Official number:	75/2012/ND-CP	Signer:	Nguyen Tan Dung
Legislation Type:	Decree	Expired date:	Known
Issuing date:	03/10/2012	Effect:	Known
Fields:	Appeal - Accuse

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