Law on Complaints, No. 02/2011/QH13

Law on Complaints

(No. 02/2011/QH13)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

The National Assembly promulgates the Law on Complaints.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for complaints and settlement of complaints about administrative decisions or acts of state administrative agencies or competent persons in these agencies; complaints and settlement of complaints about disciplinary decisions against cadres or civil servants; reception of citizens; management and supervision of complaint settlement work.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Complain means that a citizen, agency, organization, cadre or civil servant, according to the procedures specified by this law, requests a competent agency, organization or person to review an administrative decision or act of a state administrative agency or competent person in such agency, or a disciplinary decision against a cadre or civil servant when having grounds to believe that such decision or act is unlawful and infringes upon his/her/its rights and legitimate interests.

2. Complainant means a citizen, agency, organization, cadre or civil servant who exercises the right to complaint.

3. Withdrawal of a complaint means that a complainant requests a competent agency, organization or person to terminate his/her/its complaint.

4. Agencies and organizations with the right to complaint means state agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations and people’s armed forces units.

5. The complained means a state administrative agency or a competent person in this agency that has issued an administrative decision or committed an administrative act about which a complaint is filed; a competent agency, organization or individual that has issued a decision disciplining a cadre or civil servant about which a complaint is filed.

6. Complaint settler means an agency, organization or person that is competent to settle a complaint.

7. Person with related rights and obligations means an individual, agency or organization that is neither a complainant nor the complained but the complaint settlement is related to his/her/its rights and obligations.

8. Administrative decision means a document which is issued by a state administrative agency or a competent person in such agency to decide on a specific issue in state administration activities and applicable once to one or several specific subjects.

9. Administrative act means an act of a state administrative agency or a competent person in such agency of performing or not performing a task or official duty as prescribed by law.

10. Disciplinary decision means a written decision issued by the head of an agency or organization to apply a form of disciplining against a cadre or civil servant under his/her management in accordance with the law on cadres and civil servants.

11. Complaint settlement means the acceptance and verification of and conclusion on a complaint and issuance of a complaint settlement decision.

Article 3. Application of the law on complaints and settlement of complaints

1. Complaints of foreign agencies, organizations and individuals in Vietnam and settlement of these complaints comply with this Law, unless otherwise provided for by treaties to which the Socialist Republic of Vietnam is a contracting party.

2. Complaints and settlement of complaints about administrative decisions or administrative acts in public non-business units and state enterprises comply with this Law.

The Government shall specify this Clause.

3. Pursuant to this Law, competent bodies of political organizations, socio-political organizations, social organizations and socio-professional organizations shall guide complaints and settlement of complaints within their bodies or organizations.

4. Pursuant to this Law, the Supreme People’s Court, Supreme People’s Procuracy, State Audit, National Assembly Office, President Office and other state agencies shall prescribe complaints and settlement of complaints within their agencies.

5. In case another law otherwise provides for complaints and settlement of complaints, such law will prevail.

Article 4. Principle of filing and settlement of complaints

The filing and settlement of complaints must comply with law and ensure objectiveness, publicity, democracy and timeliness.

Article 5. Responsibilities to settle complaints and coordinate in settling complaints

1. Agencies, organizations and individuals shall, within the ambit of their functions, tasks and powers, promptly and lawfully accept and settle complaints and strictly handle violators; apply necessary measures to prevent damage; assure that complaint settlement decisions are strictly executed and take responsibility before law for their decisions.

2. Concerned agencies and organizations shall coordinate with competent agencies, organizations and individuals in settling complaints; providing information and documents relevant to complaints at the request of these agencies, organizations and individuals.

3. Agencies, organization and individuals shall check and review their administrative decisions or acts or disciplinary decisions, and promptly modify or remedy these decisions or acts to avoid complaints.

The State encourages reconciliation of disputes among agencies, organizations and individuals before competent agencies, organizations or persons settle these disputes.

Article 6. Prohibited acts

1. Obstructing or causing troubles to persons exercising the right to complain; threatening to take revenge on complainants.

2. Showing irresponsibility in settling complaints; refusing to settle complaints; distorting complaint information, documents and dossiers; deliberately settling unlawful complaints.

3. Deciding on complaint settlement not in the form of written decision.

4. Covering up the complained or illegally intervening in the complaint settlement.

5. Deliberately making untruthful complaints.

6. Provoking, instigating, forcing, inducing, buying off or dragging other people to gather in masses for making complaints, causing public insecurity or disorder.

7. Taking advantage of complaints to carry out propaganda against the State or infringe upon the State’s interests; distorting, slandering, intimidating or offending the prestige or honor of agencies, organizations or persons responsible for settling complaints, or other task or official duty performers.

8. Violating regulations on citizen reception.

9. Violating other provisions of the law on complaints and settlement of complaints.

Chapter II

COMPLAINTS ABOUT ADMINISTRATIVE DECISIONS, ADMINISTRATIVE ACTS

Section 1

COMPLAINTS

Article 7. Order of filing a complaint

1. When having grounds to believe that an administrative decision or administrative act is unlawful or directly infringes upon his/her rights and legitimate interests, a person may file a first-time complaint with the person that has issued such administrative decision or the agency that manages the person who has committed such administrative act, or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

In case the complainant disagrees with the first-time complaint settlement decision or his/her complaint remains unsettled past the prescribed time limit, he/she may file a second-time complaint with the direct superior of the person competent to settle the first-time complaint or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

In case the complainant disagrees with the second-time complaint settlement decision or his/her complaint remains unsettled past the prescribed time limit, he/she may institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

2. For an administrative decision or administrative act of a minister, head of a ministerial-level agency or government-attached agency (below collectively referred to as minister), the complainant may file a complaint with the minister or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

In case the complainant disagrees with the complaint settlement decision of the minister or his/her complaint remains unsettled past the prescribed time limit, he/she may institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

3. For an administrative decision or administrative act of the chairperson of the People’s Committee of a province or centrally run city (below collectively referred to as provincial-level People’s Committee), the complainant may file a first-time complaint with the chairperson of the provincial-level People’s Committee or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

In case the complainant disagrees with the first-time complaint settlement decision of the chairperson of the provincial-level People’s Committee or his/her complaint remains unsettled past the prescribed time limit, he/she may file a second-time complaint with the line minister or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

In case the complainant disagrees with the second-time complaint settlement decision of the minister or his/her complaint remains unsettled past the prescribed time limit, he/she may institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

Article 8. Forms of complaint

1. Complaints may be made in written or verbal form.

2. In case complaints are made in written form, the written complaint must clearly indicate the date of complaint; the full name and address of the complainant; the name and address of the complained; contents of and reason for the complaint; documents related to complaint contents and the request of the complainant for settlement. The written complaint must be signed or fingerprinted by the complainant.

3. In case the complainant makes a verbal complaint, the complaint recipient shall guide the complainant in making a written complaint or record in writing the complaint and request the complainant to sign or fingerprint such record for certification, which clearly states the contents specified in Clause 2 of this Article.

4. In case many persons jointly make a complaint about the same content, procedures shall be as follows:     

a/ For a verbal complaint, the competent agency shall receive and guide these complainants in appointing a representative to present the complaint contents; the complaint recipient shall record in writing the complaint, clearly stating the contents specified in Clause 2 of this Article. The reception of co-complainants complies with Chapter V of this Law;

b/ For a written complaint, such complaint must clearly state the contents specified in Clause 2 of this Article and bear the signatures of all complainants, who shall appoint a representative to present their opinions when the complaint settler so requests.

c/ The Government shall specify this Clause.

5. In case a complaint is filed by a representative, such representative must be one of the complainants, have a paper proving his/her lawful representation, and file the complaint under this Law.

Article 9. Statute of limitations for filing a complaint

The statute of limitations for filing a complaint is 90 days after an administrative decision is received or an administrative decision or act is known.

In case a complainant is unable to exercise the right to complain due to illness, natural disaster, enemy sabotage, working mission or study in a distant place or another objective obstacle, the period during which such obstacle exists is not counted into the statute of limitations for filing a complaint.

Article 10. Withdrawal of complaints

A complainant may withdraw his/her complaint at any time in the course of complaint filing and settlement; a written request for withdrawal must be made, signed or fingerprinted by the complainant and filed with a person with complaint-settling competence.

When receiving a written request for complaint withdrawal, a person with complaint-settling competence shall terminate the complaint settlement and notify such in writing to the complainant.

Article 11. Complaints ineligible for acceptance and settlement     

A complaint falling into one of the following cases is not accepted for settlement:

1. It is about an administrative decision or act within a state agency for directing and organizing the performance of tasks and official duties; an administrative decision or act of direction and administration by an administrative agency toward its subordinate administrative agency; an administrative decision containing legal norms issued by competent agencies, organizations or persons according to the law-prescribed order and procedures for promulgation of legal documents; an administrative decision or act involving a state secret in the field of defense, security or foreign affairs as classified by the Government;

2. It is about an administrative decision or act not directly related to the rights and legitimate interests of the complainant;

3. The complainant does not have full civil act capacity and a lawful representative;

4. It is made by an unlawful representative of the complainant;

5. It bears no signature or fingerprint of the complainant;

6. It is filed after the statute of limitations or time limit for filing a complaint has expired and the complainant produces no plausible reason;

7. It is filed after a second-time complaint settlement decision has been issued;

8. There is a written notice of termination of the complaint settlement and the complainant does not file another complaint 30 days after the issuance of such notice;

9. It has been accepted by a court for settlement or has been settled under a court judgment or ruling other than a ruling on termination of the settlement of an administrative case.

Section 2

RIGHTS AND OBLIGATIONS OF COMPLAINANTS, THE COMPLAINED, COMPLAINT SETTLERS, LAWYERS AND LEGAL AID OFFICERS

Article 12. Rights and obligations of complainants

1. A complainant has the following rights:

a/ To make a complaint by him/herself.

In case the complainant is a minor or has lost his/her civil act capacity, his/her representative at law may make a complaint.

In case the complainant is ill or old and weak or has a physical defect or encounters an objective circumstance which renders him/her unable to make a complaint,  he/she may authorize his/her parent, spouse, blood sibling or adult child or another person with full civil act capacity to make a complaint;

b/ To ask a legal counsel or authorize a lawyer to make a complaint to protect his/her rights and legitimate interests.

In case the complainant is eligible for legal aid as specified by law, he/she may ask a legal aid officer to provide legal consultancy or authorize a legal aid officer to make a complaint to protect his/her rights and legitimate interests;

c/ To participate in dialogs or authorize a lawful representative to do so;

d/ To know, read, photocopy or copy documents and evidences collected by the complaint settler for settling his/her complaint, except information and documents involving state secrets;

e/ To request related persons, agencies and organizations that are preserving or managing information and documents relevant to his/her complaint contents to provide such information and documents within 7 days after being requested for submission to the complaint settler, except information and documents involving state secrets;

f/ To request the complaint settler to apply urgent measures to prevent possible consequences of the execution of the complained administrative decision;

g/ To show evidences of the complaint and explain his/her opinions on these evidences;

h/ To receive a written reply on the acceptance of the complaint for settlement or the complaint settlement decision;

i/ To have his/her infringed rights and legitimate interests restored; to receive damage compensations in accordance with law;

j/ To make a second-time complaint or institute an administrative case at court in accordance with the Law on Administrative Procedures;

k/ To withdraw his/her complaint.     

2. A complainant has the following obligations:

a/ To file a complaint with the right competent person;

b/ To honestly present the matter and show evidences of the correctness and reasonability of the complaint; to provide relevant information and documents to the complaint settler; to take responsibility before law for the presented contents and provided information and documents;

c/ To abide by the administrative decision or act about which he/she makes a complaint pending the complaint settlement, unless such decision or act is suspended from execution under Article 35 of this Law;

d/ To strictly abide by the legally effective complaint settlement decision.

3. Complainants shall also exercise other rights and perform other obligations provided by law.

Article 13. Rights and obligations of the complained

1. A complained has the following rights:

a/ To show evidences of the lawfulness of the complained administrative decision or act;

b/ To know, read, photocopy or copy documents and evidences collected by the complaint settler for settling the complaint, except information and documents involving state secrets;

c/ To request related persons, agencies and organizations that are preserving or managing information and documents relevant to the complaint contents to provide such information and documents within 7 days after being requested for submission to the complaint settler, except information and documents involving state secrets;

d/ To receive the second-time complaint settlement decision.

2. A complained has the following obligations:

a/ To participate in dialogs or authorize a lawful representative to do so;

b/ To abide by the decision on verification of complaint contents issued by the agency or unit competent to settle the complaint;

c/ To provide information and documents relevant to the complaint contents and explain about the lawfulness and correctness of the complained administrative decision or act at the request of the complaint settler or the examining or verifying agency or unit within 7 days after being requested;

d/ To strictly abide by the legally effective complaint settlement decision;

e/ To modify or cancel the complained administrative decision or to terminate the complained administrative act;

f/ To pay compensations for damage caused by his/her/its unlawful administrative decision or act in accordance with the Law on the State’s compensation liability.

3. The complained shall exercise other rights and perform other obligations provided by law.

Article 14. Rights and obligations of first-time complaint settlers

1. A first-time complaint settler has the following rights:

a/ To request the complainant and related agencies, organizations and persons to provide information, documents and evidences within 7 days after they are so requested, for use as a basis for settling the complaint;

b/ To decide on application or cancellation of urgent measures specified in Article 35 of this Law.

2. A first-time complaint settler has the following obligations:

a/ To receive the complaint and notify in writing the complainant, the agency, organization or person competent to forward the complaint and the state inspectorate at the same level of the acceptance of the complaint for settlement;

b/ To settle the complaint about an administrative decision or act when the complainant so requests;

c/ To organize dialogs with the complainant, the complained and related agencies, organizations and persons;

d/ To send the complaint settlement decision to the complainant and take responsibility before law for the complaint settlement; for a complaint forwarded by a competent agency, organization or person, to notify settlement results to such agency, organization or person under law;

e/ To provide information, documents and evidences relevant to the complaint contents at the request of the complainant; to provide the complaint settlement dossier at the request of the second-time complaint settler or court.

3. First-time complaint settlers shall settle the payment of compensations for damage caused by administrative decisions or acts in accordance with the Law on the State’s compensation liability.

4. First-time complaint settlers shall exercise other rights and perform other obligations provided by law.

Article 15. Rights and obligations of second-time complaint settlers

1. A second-time complaint settler has the following rights:

a/ To request the complainant and related agencies, organizations and persons to provide information, documents and evidences within 7 days after they are so requested, for use as a basis for settling the complaint;

b/ To decide on application or cancellation of urgent measures specified in Article 35 of this Law;

c/ To summon related agencies, organizations and persons to dialogs;

d/ To solicit expert assessment;

e/ To consult the advisory council when necessary.

2. A second-time complaint settler has the following obligations:

a/ To receive and accept the complaint for settlement and make a dossier of the complaint case falling under his/her/its settling competence;

b/ To organize dialogs with the complainant, the complained and related agencies, organizations and persons;

c/ To issue and publicly notify the complaint settlement decision;

d/ To provide information and documents relevant to the complaint contents at the request of the complainant, complained or court.

3. Second-time complaint settlers shall exercise other rights and perform other obligations provided by law.

Article 16. Rights and obligations of lawyers and legal aid officers

1. A lawyer or legal aid officer has the following rights:

a/ To participate in the complaint settlement as requested by the complainant;

b/ To exercise the rights and perform the obligations of the complainant when being authorized to do so;

c/ To verify and collect evidences relevant to the complaint contents as requested by the complainant and provide evidences to the complaint settler;

d/ To study the case file, photocopy and copy documents and evidences relevant to the complaint contents for protecting the rights and legitimate interests of the complainant, except information and documents involving state secrets.

2. A lawyer or legal aid officer participating in the complaint settlement has the following obligations:

a/ To produce his/her lawyer or legal aid officer card and a decision on assignment to provide legal aid, written request for legal aid or power of attorney of the complainant;

b/ To strictly comply with complaint contents and scope under the complainant’s authorization.

3. Lawyers and legal aid officers shall exercise other rights and perform other obligations provided by law.

Chapter III

SETTLEMENT OF COMPLAINTS

Section 1

COMPLAINT-SETTLING COMPETENCE

Article 17. Competence of chairpersons of People’s Committees of communes, wards or townships and heads of agencies of People’s Committees of rural districts, urban districts, towns or provincial cities

Chairpersons of People’s Committees of communes, wards or townships (below collectively referred to as commune-level People’s Committees) and heads of agencies of People’s Committees of rural districts, urban districts, towns or provincial cities (below collectively referred to as district-level People’s Committees) are competent to settle first-time complaints about their administrative decisions or acts or administrative decisions or acts of responsible persons under their direct management.

Article 18. Competence of chairpersons of district-level People’s Committees

1. To settle first-time complaints about their administrative decisions or acts.

2. To settle second-time complaints about administrative decisions or acts of chairpersons of commune-level People’s Committees or heads of agencies of district-level People’s Committees which are further filed after first-time complaints have been settled or in case first-time complaints remain unsettled after the settlement time limit expires.

Article 19. Competence of heads of agencies of provincial-level departments and equivalent levels

Heads of agencies of provincial-level departments and equivalent levels are competent to settle first-time complaints about their administrative decisions or acts or administrative decisions or acts of cadres or civil servants under their direct management.

Article 20. Competence of directors of provincial-level departments and equivalent levels

1. To settle first-time complaints about their administrative decisions or acts or administrative decisions or acts of cadres or civil servants under their direct management.

2. To settle second-time complaints about administrative decisions or acts of heads of agencies of provincial-level departments and equivalent levels which are further filed after first-time complaints have been settled or in case first-time complaints remain unsettled after the settlement time limit expires.

Article 21. Competence of chairpersons of provincial-level People’s Committees

1. To settle first-time complaints about their administrative decisions or acts.

2. To settle second-time complaints about administrative decisions or acts of chairpersons of district-level People’s Committees, directors of provincial-level departments and equivalent levels which are further filed after first-time complaints have been settled or in case first-time complaints remain unsettled after the settlement time limit expires.

3. To settle disputes over the complaint-settling competence among agencies and units under their management.

Article 22. Competence of heads of agencies of ministries, ministerial-level agencies or government-attached agencies

Heads of agencies of ministries, ministerial-level agencies or government-attached agencies (below collectively referred to as heads of agencies of ministries) are competent to settle complaints about their administrative decisions or acts or administrative decisions or acts of cadres or civil servants under their direct management.

Article 23. Competence of ministers 

1. To settle first-time complaints about their administrative decisions or acts or administrative decisions or acts of cadres or civil servants under their direct management.

2. To settle second-time complaints about administrative decisions or acts of heads of agencies of ministries which are further filed after first-time complaints have been settled or in case first-time complaints remain unsettled after the settlement time limit expires.

3. To settle second-time complaints about administrative decisions or acts of chairpersons of provincial-level People’s Committees with contents falling under the state management competence of ministries or sectors which are further filed after first-time complaints have been settled or in case first-time complaints remain unsettled after the settlement time limit expires.

4. To settle disputes over the complaint-settling competence among agencies and units under their management.

Article 24. Competence of the Government Inspector General

1. To assist the Prime Minister in monitoring, inspecting and urging ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels in the reception of citizens, settlement of complaints and execution of legally effective complaint settlement decisions.

2. In case of detecting violations of the law on complaints which harm the interests of the State, rights and legitimate interests of citizens, agencies or organizations, to propose the Prime Minister or competent persons to apply necessary measures to stop these violations, examine liability and handle violators.

Article 25. Competence of chief inspectors at all levels

1. To assist heads of state management agencies of the same level in examining, verifying, making conclusions on, or proposing the settlement of, complaints falling under the competence of these persons when assigned.

2. To assist heads of state management agencies of the same level in monitoring, inspecting and urging agencies under these persons’ direct management in the reception of citizens, settlement of complaints and execution of legally effective complaint settlement decisions.

In case of detecting violations of the law on complaints which harm the interests of the State, rights and legitimate interests of citizens, agencies or organizations, to propose heads of state management agencies at the same level or competent persons to apply necessary measures to stop these violations, examine liability and handle violators.

Article 26. Competence of the Prime Minister

1. To lead the complaint settlement by ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels.

2. To settle proposals of the Government Inspector General specified in Clause 2, Article 24 of this Law.

3. To direct the settlement of disputes over complaint-settling competence among ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees.

Section 2

ORDER AND PROCEDURES FOR SETTLING FIRST-TIME COMPLAINTS

Article 27. Acceptance of complaints for settlement

Within 10 days after receiving a complaint falling under his/her competence but not falling into any of the cases specified in Article 11 of this Law, a person competent to settle first-time complaints shall accept such complaint for settlement; and notify such in writing to the complainant, competent agency, organization or person that has forwarded such complaint, and the state inspectorate of the same level. In case of refusal to accept the complaint, he/she shall clearly notify the reason.

Article 28. Time limit for settling first-time complaints      

The time limit for settling a first-time complaint is 30 days after it is accepted. For a complicated case, this time limit may be prolonged but must not exceed 45 days after the complaint is accepted.

In deep-lying or remote areas with difficult travel conditions, the time limit for settling a complaint is 45 days after it is accepted. For a complicated case, this time limit may be prolonged but must not exceed 60 days after the complaint is accepted.

Article 29. Verification of complaint contents

1. Within the time limit specified in Article 28 of this Law, a person competent to settle a first-time complaint shall:

a/ Review his/her administrative decision or act or the administrative decision or act of the responsible person under his/her direct management, and promptly issue a complaint settlement decision if the complaint is correct;

b/ If having no ground to make conclusions on the complaint contents, conduct verification by himself/herself before making conclusions on complaint contents, or assign a state inspectorate of the same level or a responsible agency, organization or person (below collectively referred to as person responsible for verification) to verify the complaint contents and propose the complaint settlement.

2. The verification must be conducted in an objective, accurate and timely manner and in the following forms:

a/ Direct examination and verification at the place where the complaint arises;

b/ Examination and verification based on documents and evidences provided by the complainant, the complained and related agencies, organizations and persons;

c/ Other forms provided by law.

3. A person responsible for verification has the following rights and obligations:

a/ To request the complainant, the complained and related agencies, organizations and persons to provide information and documents on and evidences of the complaint contents;

b/ To request the complainant, the complained and related agencies, organizations and persons to explain in writing about complaint-related contents;

c/ To summon the complainant, the complained and related agencies, organizations and persons;

d/ To solicit expert assessment;

e/ To take other examination and verification measures provided by law;

f/ To report on verification results and take responsibility before law for these results.

4. A report on verification results contains the following:

a/ Verification subject(s);

b/ Verification time;

c/ Verifier;

d/ Verified contents;

e/ Verification results;

f/ Conclusions and proposals on complaint settlement contents.

Article 30. Organization of dialogs  

1. In the course of settlement of a first-time complaint, if the request of the complaint and results of verification of its contents are different, the complaint settler shall organize dialogs with the complainant, the complained, persons with related rights and obligations and related agencies, organizations and persons to clarify the complaint contents, the complainant’s request and the direction of complaint settlement. Dialogs must be organized in a public and democratic manner.

2. The complaint settler shall notify in writing the complainant, the complained, persons with related rights and obligations and related agencies and organizations of the dialog time, venue and contents.

3. During a dialog, the complaint settler shall clearly state contents subject to the dialog and results of verification of the complaint contents; dialog participants may present their opinions and show evidences related to the complaint and their requests.

4. A dialog must be recorded in a minutes. Such minutes must clearly record opinions of dialog participants and results, and bear the signatures or fingerprints of dialog participants. In case a dialog participant refuses to sign or fingerprint the minutes, the reason therefore must be clearly recorded. This minutes shall be filed in the complaint case file.

5. Dialog results serve as a basis for complaint settlement.

Article 31. First-time complaint settlement decisions  

1. First-time complaint settlers shall issue complaint settlement decisions.

2. A first-time complaint settlement decision must contain the following:

a/ Date of issuance;

b/ Names and addresses of the complainant and the complained;

c/ Complaint contents;

d/ Results of verification of complaint contents;

e/ Dialog results (if any);

f/ Legal grounds for complaint settlement;

g/ Conclusions on complaint contents;

h/ Upholding, modification, supplementation or cancellation of part or the whole of the complained administrative decision or act; settlement of specific matters in the complaint;

i/ Payment of compensations for damage to sufferers (if any);

j/ The right to file a second-time complaint and the right to institute an administrative lawsuit at court.

3. In case many persons complain about the same matter, a person with complaint-settling competence shall examine, make conclusions on complaint contents and issue a complaint settlement decision to each complainant or issue a complaint settlement decision enclosed with a list of complainants.

Article 32. Sending of first-time complaint settlement decisions

Within 3 working days after issuing a first-time complaint settlement decision, the first-time complaint settler shall send such decision to the complainant, the first-time complaint settler’s direct superior or competent person, persons with related rights and obligations, the agency, organization or person that has forwarded the complaint and the state inspectorate at the same level.

Article 33. Filing of second-time complaints or institution of administrative cases

1. Thirty days after the expiration of the complaint settlement time limit specified in Article 28 of this Law, 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. Upon the expiration of the complaint settlement time limit specified in Article 28 of this Law, if a first-time complaint remains unsettled or the complainant disagrees with the first-time complaint settlement decision, he/she may institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

Article 34. Complaint settlement dossiers

1. The settlement of complaints must have a dossier. A complaint settlement dossier contains:

a/ A complaint or a written record of complaining statements;

b/ Documents and evidences provided by involved parties;

c/ Written records of examination, verification, conclusions and results of expert examination (if any);

d/ Minutes of dialogs (if any);

e/ A complaint settlement decision;

f/ Other relevant documents.

2. A complaint settlement dossier shall be numbered on pages according to the order of its documents and preserved in accordance with law. In case a complainant institutes an administrative case at court, such dossier shall be transferred to the court with jurisdiction to settle the complaint at its request.

Article 35. Application of urgent measures

In the course of complaint settlement, if finding the execution of the complained administrative decision will cause irremediable consequences, the complaint settler shall issue a decision to suspend the execution of such decision. The suspension duration must not exceed the remaining duration of the settlement time limit. The suspension decision shall be sent to the complainant, the complained, persons with related rights and obligations and other persons responsible for the execution. When finding the reason for suspension no longer exists, the complaint settler shall promptly cancel the suspension decision.

Section 3

ORDER AND PROCEDURES FOR SETTLING SECOND-TIME COMPLAINTS

Article 36. Acceptance of second-time complaints for settlement

1. Within 10 days after receiving a complaint falling under his/her competence but not falling into any of the cases specified in Article 11 of this Law, a person competent to settle second-time complaints shall accept such complaint for settlement; and notify such in writing to the competent complainant, agency, organization or person that has forwarded such complaint, and the state inspectorate of the same level. In case of refusal to accept the complaint, he/she shall clearly notify the reason.

2. For a complicated case, when finding it necessary, a second-time complaint settler may set up an advisory council to give advice on the complaint settlement.

Article 37. Time limit for settling second-time complaints 

The time limit for settling a second-time complaint is 45 days after it is accepted. For a complicated case, this time limit may be prolonged but must not exceed 60 days after the complaint is accepted.

In deep-lying or remote areas with difficult travel conditions, the time limit for settling a complaint is 60 days after it is accepted. For a complicated case, this time limit may be prolonged but must not exceed 70 days after the complaint is accepted.

Article 38. Verification of second-time complaint contents

Persons competent to settle second-time complaints shall base themselves on the contents and nature of these complaints to conduct verification by themselves and make conclusions on complaint contents or assign persons responsible for verification to verify complaint contents and propose the complaint settlement. The verification complies with Clauses 2, 3 and 4, Article 29 of this Law.

Article 39. Organization of second-time dialogs

In the course of settlement of a second-time complaint, the complaint settler shall organize dialogs with the complainant, the complained, persons with related rights and obligations and related agencies, organizations and persons to clarify complaint contents, the complainant’s request and the direction of complaint settlement. Second-time dialogs shall be organized under Article 30 of this Law.

Article 40. Second-time complaint settlement decisions  

1. Second-time complaint settlers shall issue complaint settlement decisions.

2. A second-time complaint settlement decision must contain the following:

a/ Date of issuance;

b/ Names and addresses of the complainant and the complained;

c/ Complaint contents;

d/ Results of the first-time complaint settlement;

e/ Results of verification of complaint contents;

f/ Dialog results (if any);

g/ Legal grounds for complaint settlement;

h/ Conclusion that complaint contents are wholly or partially correct or wholly wrong. In case complaint contents are wholly or partially correct, the complaint settler shall request the person whose administrative decision or act is complained to modify or cancel part or the whole of such decision or act. In case complaint contents are concluded to be wholly wrong, the complaint settler shall request the complainant and persons with related rights and obligation to strictly execute the administrative decision or obey the administrative act;

i/ Payment of compensations for damage sufferers (if any);

j/ The right to institute an administrative case at court.

Article 41. Sending and public notification of complaint settlement decisions

1. Within 7 days after issuing a complaint settlement decision, the second-time complaint settler shall send it to the complainant, the complained, the first-time complaint settler, persons with related rights and obligations, and the agency, organization or person that has forwarded the complaint.

2. The second-time complaint settler shall choose one or several forms of public notification of a complaint settlement decision:

a/ Announcement at a meeting of the agency or organization where the complained works;

b/ Posting up at the office or citizen reception place of the agency or organization that has settled the complaint;

c/ Notification in the mass media.

3. The Government shall specify the public notification of complaint settlement decisions.

Article 42. Institution of administrative cases  

Upon the expiration of the complaint settlement time limit specified in Article 37 of this Law, if a complaint remains unsettled or a complainant disagrees with a second-time complaint settlement decision, he/she may institute an administrative case at court in accordance with the Law on Administrative Procedures.

Article 43. Second-time complaint settlement dossiers 

The settlement of a second-time complaint must have a dossier made in accordance with Article 34 of the Law and enclosed with written opinions of the advisory council (if any).

Section 4

EXECUTION OF LEGALLY EFFECTIVE COMPLAINT SETTLEMENT DECISIONS

Article 44. Legally effective complaint settlement decisions

1. A first-time complaint settlement decision takes effect 30 days after the date of issuance, provided the complainant does not file a second-time complaint. For deep-lying or remote areas with difficult travel conditions, this time limit may be prolonged but must not exceed 45 days.

2. A second-time complaint settlement decision takes effect 30 days after the date of issuance. For deep-lying or remote areas with difficult travel conditions, this time limit may be prolonged but must not exceed 45 days.

3. In case a complainant disagrees with a complaint settlement decision, he/she may institute an administrative case at court in accordance with the Law on Administrative Procedures.

4. A legally effective complaint settlement decision is effective for immediate execution.

Article 45. Persons responsible for executing legally effective complaint settlement decisions

1. Complaint settlers.

2. Complainants.

3. The complained.

4. Persons with related rights and obligations.

5. Related agencies, organizations and persons.

Article 46. Execution of legally effective complaint settlement decisions

1. Complaint settlers shall, within the ambit of their tasks and powers, direct agencies, organizations and individuals under their management in organizing the execution of legally effective complaint settlement decisions. In case of necessity, they may request functional agencies to take measures to secure the execution of legally effective complaint settlement decisions, organize the execution or assume the prime responsibility for, and coordinate with concerned organizations and agencies in, taking measures to restore the rights and legitimate interests of complainants; propose other agencies or organizations to settle matters related to the execution of complaint settlement decisions (if any).

2. When a complaint settlement decisions takes legal effect, the complainant and persons with related rights and obligations shall:

a/ Collaborate with competent agencies, organizations and persons in restoring their rights and legitimate interests infringed upon by an unlawful administrative decision or act;

b/ Abide by or obey the complained administrative decision or act which is recognized as lawful by an agency with complaint-settling competence;

c/ Abide by the handling decision of a competent agency for executing the legally effective complaint settlement decision.

3. Within the ambit of their tasks and powers, related agencies, organizations and persons shall abide by administrative decisions of competent agencies for executing legally effective complaint settlement decisions; and coordinate with competent agencies, organizations and persons in organizing the execution of legally effective complaint settlement decisions when so requested.

4. The Government shall specify this Article.

Chapter IV

COMPLAINTS ABOUT DISCIPLINARY DECISIONS AGAINST CADRES OR CIVIL SERVANTS AND THEIR SETTLEMENT

Article 47. Complaints about disciplinary decisions

Complaint about a disciplinary decision means that a cadre or civil servant requests, according to the procedures specified in this Law, a competent agency, organization or person to review a disciplinary decision against him/her when having a ground to believe that such decision is unlawful or directly infringes upon his/her rights and legitimate interests.

Article 48. Statute of limitations for filing complaints

The statute of limitations for filing a complaint is 15 days after a cadre or civil servant receives a disciplinary decision against him/her.

The statute of limitations for filing a second-time complaint is 10 days after a cadre or civil servant receives a first-time complaint settlement decision; for a disciplinary decision compelling resignation, the statute of limitations for filing a second-time complaint is 30 days after a cadre or civil servant receives a first-time complaint settlement decision.

In case a complainant is unable to exercise the right to complain within the statute of limitations due to illness, natural disaster, enemy sabotage, working mission or study in a distant place or another objective obstacle, the period during which such obstacle exists is not counted into the statute of limitations for filing a complaint.

Article 49. Form of complaint

Complaints must be made in writing. A written complaint must clearly state the date of complaint; full name and address of the complainant; complaint contents and reason, and requests of the complainant, and bear his/her signature. First-time complaints shall be sent to persons who have issued disciplinary decisions. Second-time complaints shall be sent to agencies competent to settle second-time complaints.

Article 50. Time limits for complaint acceptance and settlement   

The time limits for acceptance and settlement of first-time and second-time complaints are as follows:

Within 10 days after receiving a complaint, a person with complaint-settling competence shall accept it for settlement and notify such to the complainant.

The time limit for settlement of a complaint is 30 days after the date of acceptance. For complicated cases, this time limit may be prolonged but must not exceed 45 days after the date of acceptance.

Article 51. Complaint-settling competence  

1. Heads of agencies or organizations competent to manage cadres or civil servants according to decentralization are competent to settle first-time complaints about disciplinary decisions they have issued.

2. Heads of immediate superior agencies or organizations of agencies or organizations managing cadres or civil servants are competent to settle complaints which are further filed.

3. The Minister of Home Affairs is competent to settle complaints further filed about disciplinary decisions about which first-time complaints have been settled by ministers, heads of ministerial-level agencies, heads of government-attached agencies or chairpersons of provincial-level People’s Committees or remain unsettled upon the expiration of the settlement time limit.

Article 52. Verification of complaint contents 

In the course of settlement of a complaint, a person with complaint-settling competence shall:

1. Personally review the complained disciplinary decision against a cadre or civil servant and examine complaint contents, or assign a responsible person to do so. If finding complaint contents clear, request the cadre and civil servant disciplining council to consider and request a competent person to settle the complaint;

2. In case complaint contents are unclear, personally verify and make conclusions on complaint contents or assign a responsible person to do so. Persons responsible for verification have the rights and obligations specified in Clause 3, Article 29 of this Law.

The verification of complaint contents must be recorded in writing and reported to the person with complaint-settling competence. After obtaining results of verification of complaint contents, he/she shall request the cadre and civil servant disciplining council to consider and request a competent person to settle the complaint.

Article 53. Organization of dialogs

1. Before issuing a complaint settlement decision, a person with complaint-settling competence shall organize a dialog with the complainant.

Dialog participants include the person with complaint-settling competence who presides over the dialog, the complainant, the person responsible for verification and other related persons.

2. During the dialog, the complaint settler shall clearly state contents subject to the dialog, results of verification of complaint contents; and dialog participants may present their opinions and show evidences related to the complaint and their requests.

3. The dialog must be recorded in a minutes which clearly states opinions of participants and results of the dialog and bears the signatures of participants. In case a dialog participant refuses to sign the minutes, the reason for refusal must be clearly recorded. This minutes shall be included in the complaint settlement dossier.

4. Dialog results serve as a basis for complaint settlement.

Article 54. First-time complaint settlement decisions

1. First-time complaint settlers shall issue written complaint settlement decisions. A complaint settlement decision must contain the following:

a/ Date of issuance;

b/ Names and addresses of the complainant and the complained;

c/ Complaint contents;

d/ Results of verification of complaint contents;

e/ Results of the dialog;

f/ Legal ground(s) for complaint settlement;

g/ Conclusion that complaint contents are correct, partially correct or wholly wrong;

h/ Upholding, modification, supplementation or cancellation of part or the whole of the complained disciplinary decision;

i/ Payment of compensations for damage sufferers (if any);

j/ The right to file a second-time complaint or the right to institute an administrative case at court against the disciplinary decision compelling resignation.

2. First-time complaint settlement decisions shall be sent to complainants and related agencies and organizations.

Article 55. Settlement of second-time complaints

A person competent to settle a second-time complaint shall:

1. Request the person issuing the complained disciplinary decision against a cadre or civil servant to report on consideration of disciplining and settlement of the complaint of the disciplined person;

2. Personally verify and make conclusions on complaint contents or assign a person responsible for verification to do so. The verification of complaint contents must be recorded in writing and reported to the person with complaint-settling competence;

3. Assume the prime responsibility for organizing a dialog with the complainant. Dialog participants include:

a/ The complainant;

b/ The person responsible for verification of complaint contents;

c/ The complained.

4. Dialog contents are specified in Clauses 2 and 3, Article 53 of this Law.

Article 56. Second-time complaint settlement decisions

1. A second-time complaint settlement decision must contain the following:

a/ Date of issuance;

b/ Names and addresses of the complainant and the complained;

c/ Complaint contents;

d/ Results of verification;

e/ Results of the dialog;

f/ Legal ground(s) for complaint settlement;

g/ Conclusions on each specific matter in the complaint of the disciplined person and the settlement by the first-time complaint settler;

h/ Payment of compensations for damage sufferers (if any);

i/ The right to institute an administrative case at court against the disciplinary decision compelling resignation.

2. A second-time complaint settlement decision must be sent to the complainant, first-time complaint settler and persons with related rights and obligations within 7 days after it is issued.

Second-time complaint settlement decisions of ministers, heads of ministerial-level agencies or government-attached agencies, or chairpersons of provincial-level People’s Committees must be sent to the Government Inspector General and the Minister of Home Affairs.

Article 57. Effect of complaint settlement decisions, institution of administrative cases

1. Legally effective decisions on settlement of complaints about disciplinary decisions against cadres or civil servants include:

a/ First-time complaint settlement decisions, which become legally effective 30 days after they are issued, provided complainants file no second-time complaints;

b/ Second-time complaints settlement decisions, which become legally effective 30 days after they are issued.

2. A legally effective complaint settlement decision is effective for immediate execution.

3. In case a civil servant holding the post of general department director or equivalent or a lower post is disciplined and compelled to resign but disagrees with the decision on settlement of the complaint about the disciplinary decision compelling resignation or his/her complaint remains unsettled upon the expiration of the time limit for first-time or second-time complaint settlement specified in Article 50 of this Law, he/she may institute an administrative case at court under the Law on Administrative Procedures.

Article 58. Execution of legally effective decisions on settlement of complaints about disciplinary decisions against cadres or civil servants

1. When a decision on settlement of a complaint about a disciplinary decision against a cadre or civil servant takes legal effect, the head of the agency, organization or unit where such cadre or civil servant works shall publicly notify such decision to all of its cadres and civil servants; apply measures according to his/her competence or coordinate with related agencies and organizations in executing such complaint settlement decision; and pay compensations for damage in accordance with law.

2. The Government shall specify this Article.

Chapter V

RECEPTION OF CITIZENS

Article 59. Citizen reception offices and places

1. Citizen reception offices of the Party and State shall be established at central and local levels to receive citizens who come to make complaints, denunciations, recommendations or reports under regulations of competent agencies or organizations.

Citizen reception places are places arranged by competent agencies, organizations or persons to receive citizens who come to make complaints, denunciations, recommendations or reports under law.

2. Heads of agencies and organizations shall organize the citizen reception; assure necessary conditions for citizen reception; assign cadres who are fully qualified, capable and knowledgeable about policies and laws, and have a sense of responsibility to receive citizens who come to make complaints, denunciations, recommendations or reports.

Article 60. Rights and obligations of persons who make complaints, denunciations, recommendations or reports at citizen reception offices and places  

1. To show their personal identity papers, comply with citizen reception regulations, and follow instructions of citizen reception officers.

2. To truthfully present matters, provide information and documents related to their complaint contents, denunciations, recommendations or reports, and sign or fingerprint written records of presented contents.

 3. To receive guidance or explanations about the exercise of the right to complaint or denunciation.

4. To appoint their representatives to present matters to citizen reception officers in case many persons make complaints or denunciations about the same matter.

5. To make complaints or denunciations about illegal acts, obstructions, harassments or unreasonable demands of citizen reception officers.

Article 61. Citizen reception responsibility of heads of agencies and organizations

1. Heads of state agencies and chairpersons of People’s Committees at all levels shall personally receive citizens on a regular basis as follows:

a/ Chairpersons of commune-level People’s Committees shall receive citizens at least one day a week;

b/ Chairpersons of district-level People’s Committees shall receive citizens at least two days a month;

c/ Chairpersons of provincial-level People’s Committees shall receive citizens in at least one day a month;

d/ Heads of other state agencies shall receive citizens at least one day a month.

2. The reception of citizens by chairpersons of People’s Committees at all levels, and heads of state agencies must be associated with the settlement of complaints falling under their competence and direction of complaint settlement by heads of state agencies under their management.

3. Chief inspectors at all levels shall organize regular reception of citizens in accordance with law.

4. Heads of other organizations shall personally receive citizens at least one day a month.

5. In addition to regular reception of citizens, chairpersons of People’s Committees at all levels and heads of agencies and organizations shall receive citizens when it is urgent.

Article 62. Responsibilities of citizen reception officers and heads of citizen reception offices and places

1. To receive complaints, denunciations, recommendations and reports of citizens; to classify and forward them to persons with settling competence defined by law.

2. To provide citizens with guidance and explanations about policies and laws related to their requests.

3. Citizen reception officers may refuse to receive the following citizens:

a/ Those who come to complain, denounce, recommend or report on cases or matters which have been examined and for which settlement decisions or conclusions have been made by competent agencies in accordance with law and settlement results have been fully notified;

b/ Those who violate citizen reception regulations.

4. Heads of citizen reception offices and places shall, within the ambit of their tasks and powers, monitor, inspect and urge the settlement of complaints and denunciations by competent persons; handle according to their competence or request competent agencies to handle violations of the laws on complaints and denunciations committed by responsible persons in the course of settlement of complaints and denunciations.

Chapter VI

RESPONSIBILITY OF COMPETENT AGENCIES, ORGANIZATIONS AND PERSONS FOR MANAGING COMPLAINT SETTLEMENT WORK

Article 63. Responsibility of state management agencies for complaint settlement work

1. The Government shall perform the uniform state management of complaint settlement by state administrative agencies nationwide.

The Government Inspectorate is answerable to the Government for performing the state management of complaint settlement work nationwide.

2. Ministries, ministerial-level agencies and People’s Committees at all levels shall perform the state management of complaint settlement work under their management.

3. Inspectorates of ministries, ministerial-level agencies, provincial-level inspectorates, inspectorates of provincial-level departments and inspectorates of districts, towns and provincial cities shall assist heads of state management agencies at the same level in managing complaint settlement work.

Article 64. Responsibility of people’s courts, people’s procuracies, the State Audit, the National Assembly Office, the President Office, other state agencies, political organizations and socio-political organizations

1. The Supreme People’s Court, the Supreme People’s Procuracy, the State Audit, the National Assembly Office, the President Office, other state agencies, political organizations and socio-political organizations shall, within the ambit of their functions, tasks and powers, manage complaint settlement work and periodically report to the Government on the complaint settlement by their agencies or organizations.

2. Local people’s courts and people’s procuracies, agencies of local political organizations and socio-political organizations shall, within the ambit of their functions, tasks and powers, manage complaint settlement work and periodically report to People’s Committees at the same level on the complaint settlement by their agencies or organizations.

Article 65. Responsibility for coordination in complaint settlement work       

1. In case of necessity, the Prime Minister shall work with the President of the Supreme People’s Court, the Director of the Supreme People’s Procuracy, the State Auditor General and heads of other state agencies; chairpersons of provincial-level People’s Committees shall work with presidents of people’s courts and directors of people’s procuracies at the same level for coordinated complaint settlement.

2. The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall periodically report to the National Assembly, National Assembly Standing Committee and President on, and notify the Central Committee of the Vietnam Fatherland Front of, complaint settlement work.

Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall report to the Government on the complaint settlement by their agencies or localities on a periodical basis or at the request of the Government.

3. Local People’s Committees, people’s courts and people’s procuracies shall periodically report to the People’s Councils on, and notify committees of the Vietnam Fatherland Fronts of the same level of, the situation of complaints, institution of administrative cases and the settlement of complaints and adjudication of administrative cases in their localities.

Article 66. Supervision by the Vietnam Fatherland Front and its member organizations

1. The Vietnam Fatherland Front and its member organizations shall supervise the implementation of the law on complaints under this Law; encourage people to strictly comply with the law on complaints; organize the reception of complainants; and upon receiving complaints, study complaints and guide complainants in filing complaints with competent agencies or organizations.

2. Complaints forwarded by committees and member organizations of the Vietnamese Fatherland Front shall be examined and settled by complaint settlers and notify settlement results in writing, within 7 days after the issuance of settlement decisions, to complaint-forwarding organizations. If disagreeing with such settlement results, complaint-forwarding organizations may request superior agencies or organizations to directly examine and settle complaints. Agencies or organizations receiving requests for complaint settlement shall reply within 7 days after issuing settlement decisions.

Chapter VII

HANDLING OF VIOLATIONS

Article 67. Handling of violations of complaint settlers

Complaint settlers who commit one of the violations specified in Clauses 1, 2, 3 and 4, Article 6 of this Law or violate other regulations in settling complaints 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 68. Handling of violations on the law on complaints of complainants and other related persons

Persons who commit one of the violations specified in Clauses 5, 6, 7 and 8, Article 6 of this Law or violate other provisions of the law on complaints and settlement of complaints shall, depending on the nature and severity of their violations, be administratively handled or examined for penal liability. If causing damage, they shall pay compensations under law.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 69. Effect and transitional provisions                 

1. This Law takes effect on July 1, 2012.

The provisions on complaints and settlement of complaints of Law No. 09/1998/QH10 on Complaints and Denunciations, which was amended and supplemented under Law No. 26/2004/QH11 and Law No. 58/2005/QH11, cease to be effective on the effective date of this Law.

2. Complaints which are accepted for settlement before the effective date of this Law shall be settled under Law No. 09/1998/QH10 on Complaints and Denunciations, which was amended and supplemented under Law No. 26/2004/QH11 and Law No. 58/2005/QH11.

Article 70. Implementation detailing

The Government shall detail articles and clauses assigned to it and Chapter V of this Law.

This Law was passed on November 11, 2011, by the XIIIth National Assembly at its 2nd session.-

Chairman of the National Assembly
NGUYEN SINH HUNG