Law on Complaints, No. 02/2011/QH13

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ATTRIBUTE Law on Complaints

Law No. 02/2011/QH13 of the National Assembly on Complaints
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:02/2011/QH13Signer:Nguyen Sinh Hung
Type:LawExpiry date:Updating
Issuing date:11/11/2011Effect status:
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Fields:Appeal - Accuse

SUMMARY

LAWYER, LEGAL AID OFFICERS HAVE RIGHTS TO PARTICIPATE IN THE COMPLAINT SETTLEMENT

The XIII National Assembly passed the Law on Complaints No. 02/2011/QH13 and this Law shall take effect from July 01, 2012. Under this Law, there are many new points compared with the previous regulations. Of which, the most significant point is the regulations on cases many persons jointly make a complaint about the same content and the participation of a lawyer or legal aid officer.

Specifically, for 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 as regulated.

For a written complaint, such complaint must clearly state the contents as specified and bear the signature of all complainants, who shall appoint a representative to present their opinions when the complaint settler requests.

The complainant has rights to make a complaint by him/herself or asks a legal counsel or authorizes a lawyer to make a complaint to protect his/ her rights and legitimate interests. The lawyer or legal aid officer participating in the complaint settlement has the obligations 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.

The provisions on complaints and settlement of complaints of Law No. 09/1998/QH10 on Complaints and Denunciations, which were 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.
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