Nghị định 124/2020/ND-CP

Decree No. 124/2020/ND-CP dated October 19, 2020 on guidelines for certain articles and implementation of the Law on Complaints

Nội dung toàn văn Decree 124/2020/ND-CP guidelines for certain articles and implementation of the Law on Complaints


THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 124/2020/ND-CP

Hanoi, October 19, 2020

 

DECREE

ON GUIDELINES FOR CERTAIN ARTICLES AND IMPLEMENTATION OF THE LAW ON COMPLAINTS

Pursuant to the Law on Organization of Government dated June 19, 2015;

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

At the request of the Inspector-General;

The Government promulgates a Decree on guidelines for certain articles and implementation of the Law on Complaints.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree elaborates the following clauses and articles of the Law on Complaints:

a) Clause 2 Article 3 concerning complaints and handling of complaints in public sector entities;

b) Clause 4 Article 8 concerning complaints by multiple complainants;

c) Clause 3 Article 41 concerning disclosure of complaint-handling decision;

d) Clause 4 Article 46 concerning enforcement of legally-effective complaint-handling decision;

dd) Clause 2 Article 58 concerning enforcement of legally-effective decision on handling of complaint against disciplinary decision against official.

2. Regulations on certain measures for implementation of the Law on Complaints: forms of complaint; second complaint; representative of complainant; complaint-handling procedures; violations in complaint-handling; handling of wrongdoing.

Article 2. Regulated entities

This Decree applies to Vietnamese agencies, organizations and citizens; foreign agencies, organizations and individuals (hereinafter referred to as entities) in Vietnam with respect to complaints against administrative decisions or actions; unless otherwise prescribed by international treaties to which the Socialist Republic of Vietnam is a signatory.

Chapter II

COMPLAINTS, DESIGNATION OF COMPLAINANT’S REPRESENTATIVE AND RESPONSIBILITIES OF RELEVANT ENTITIES IN COOPERATION IN HANDLING COMPLAINTS BY MULTIPLE COMPLAINANTS

Section 1. COMPLAINTS, DESIGNATION OF COMPLAINANT’S REPRESENTATIVE

Article 3. Forms of complaint

1. Forms of complaint are specified in clause 1, clause 2 Article 8 of the Law on Complaints. The complaint is made in accordance with Form No. 01 hereto appended.

2. Where a complainant makes a complaint in person, the recipient of complaint shall guide the complainant to write a complaint or the recipient records the grievance in writing using Form No. 01 hereto appended.

Article 4. Second complaint

1. Within 30 days after expiry of complaint-handling time limit as specified in Article 28 of the Law on Complaints, if the first complaint remains unresolved or the complainant, after receiving the decision on first complaint handling, does not feel the complaint has been settled to his/her satisfaction, he/she may file the second complaint to the second complaint-handling person; regarding remote and isolated areas, the time limit may extend but not longer than 45 days.

If making the second complaint, the complainant shall file the second complaint together with the decision on first complaint handling, and supporting documents to the second complaint-handling person.

2. Upon expiry of the given time limit, if the first complaint remains unresolved, the complainant may file the second complaint with the second complaint-handling person, stating reasons and enclosing supporting documents of the complaint. The second complaint-handling person shall accept the complaint and proceed the procedures for handling of second complaint. The decision made by this person in this case is the decision on second complaint handling.

3. The second complaint-handling person shall take actions against the first complaint-handling person if finding any violation of law.

Article 5. Representative of complainant

1. The complainant may, on their own or authorizing a lawyer, legal aid provider or another person with full legal capacity, file a complaint. If the complainant is a minor or legally incapacitated person, his/her legal representative shall file a complaint. The representative shall be determined as per civil law.

2. Corporate shall file a complaint through their legal representatives. The representative of the corporate may authorize a lawyer or another person with full legal capacity to file a complaint.

3. The authorization mentioned in clause 1, clause 2 of this Article must be made in writing and certified or notarized. The principal (in the letter of authorization) may authorize the complaining right to one or more authorized people with respect to varied contents of authorization but may not authorize the same content of authorization to multiple authorized people. The letter of authorization is made in accordance with Form No. 02 hereto appended.

4. If the complainant, while pursuing the complaint, dies with an heir of his/her rights and obligations as per the law, the heir may have the complaining right; the heir, upon filing the complaint, has to provide proof of right of inheritance for the complaint-handling bodies. The complainant may, on their own or authorizing a lawyer, legal aid provider or another person with full legal capacity, file a complaint. In case of multiple heirs, they may authorize another heir, a lawyer, legal aid provider or another person with full legal capacity to file a complaint.

Article 6. Designation of spokepersons in a complaint by multiple complainants

1. In a complaint by multiple complainants, spokeperson(s) must be designated. The spokeperson must be the complainant.

2. The spokeperson shall be designated as follows:

a) In case of 5 to 10 complainants, up to 2 spokepersons shall be designated;

b) In case of 11 complainants or more, additional spokepersons may be designated but no more than 5 spokepersons.

Article 7. Letter of designation of spokeperson

1. The spokeperson shall be designated as prescribed in point a, point b clause 4 Article 8 of the Law on Complaints and made in writing.

2. A letter of designation of spokeperson must at least contain:

a) Date;

b) Full name, address of spokeperson;

c) Content and scope of authorization;

d) Signatures or fingerprints of complainants;

dd) Others (if any).

3. The spokeperson must take legal responsibility for his/her authorization.

Section 2. RESPONSIBILITIES OF RELEVANT ENTITIES IN COOPERATION IN HANDLING COMPLAINTS BY MULTIPLE COMPLAINANTS

Article 8. Responsibilities of relevant entities in cooperation in handling complaints by multiple complainants in commune

1. In case of a complaint by multiple complainants in commune, ward, or town (hereinafter referred to as commune), the President of People’s Committee of commune shall:

a) Designate an officer to listen to representation of the spokepersons of the complainants. In case of a delicate complaint, the President of People’s Committee of commune shall take charge and cooperate with Fatherland Front and relevant socio-political organizations to listen to the representation of the spokepersons of the complainants.

b) Direct the commune police to keep public security at the place where multiple complainants gather;

c) Persuade and guide the complainants to make the complaint as per the law.

2. The chief of commune police shall take charge and cooperate with security staff and civil defense forces in keeping public security at the place where multiple complainants gather; and take actions against violations as per the law.

3. The President of People’s Committee of commune, within his/her jurisdiction, shall handle the complaint as per complaining law; if the complaint does not fall within his/her jurisdiction, the President shall guide the complainants to the competent authority.

Article 9. Responsibilities of relevant entities in cooperation in handling complaints by multiple complainants in district

1. The head of the agency where the complainants gather must designate an officer to or personally work with the spokepersons of the complainants and listen to the complaint. The head of the foregoing agency, within his/her jurisdiction, shall handle the complaining matter as per complaining law; if the complaining matter does not fall within his/her jurisdiction, the head shall guide the complainants to the competent authority.

2. The head of citizen reception board of district where the complainants gather shall:

a) Take charge or advise the People’s Committee of suburban district, urban district, district-level town, or provincial-affiliated city (hereinafter referred to as district) to work with the spokepersons of the complainants.

b) When necessary, request the President of People’s Committee of commune where the complaining matter arises and relevant organizations to provide information and documents related to the complaining matter or designate a responsible person to work with the spokepersons of the complainants.

c) Supervise and urge the President of People’s Committee of commune to handle the complaint referred by the citizen reception board of district.

3. The President of People’s Committee of district shall personally or designate a responsible person to work with the spokepersons of the complainants to listen to the complaint details; and follow the complaint-handling procedures as per the law.

4. The chief of district police shall keep the public security and deal with violations of law.

5. The heads of relevant agencies shall provide information and documents related to the complaining matter; and work with the spokepersons of the complainants at the request of the complaint-handling person.

Article 10. Responsibilities of relevant entities in cooperation in handling complaints by multiple complainants in province

1. The head of the agency where the complainants gather must designate an officer to or personally work with the spokepersons of the complainants and listen to the complaint. The head of the foregoing agency, within his/her jurisdiction, shall handle the complaint as per complaining law; if the complaint does not fall within his/her jurisdiction, the head shall guide the complainants to the competent authority.

2. The head of citizen reception board of province shall:

a) Take charge or advise the People’s Committee of province or central-affiliated city (hereinafter referred to as province) to work with the spokepersons of the complainants;

b) When necessary, request the President of People’s Committee of district where the complaining matter arises or designate a responsible person to work with the spokepersons of the complainants;

c) Request relevant entities to provide information and documents related to the complaining matter and work with the spokepersons of the complainants;

d) Supervise and urge the President of People’s Committee of district to handle the complaint referred by the citizen reception board of province.

3. The chief of province police, director of provincial police department shall keep the public security and deal with violations of law.

4. The President of People’s Committee of province shall personally or designate a responsible person to work with the spokepersons of the complainants to listen to the complaint details; and follow the complaint-handling procedures as per the law.

5. The heads of relevant agencies shall provide information and documents related to the complaining matter; and work with the spokepersons of the complainants at the request of the complaint-handling person.

Article 11. Responsibilities of relevant entities in cooperation in handling complaints by multiple complainants to central agencies

1. The head of the agency where the complainants gather must designate an officer to or personally work with the spokepersons of the complainants and listen to the complaint. The head of the foregoing agency, within his/her jurisdiction, shall handle the complaint as per complaining law; if the complaint does not fall within his/her jurisdiction, the head shall guide the complainants to the competent authority.

2. The head of citizen reception board of central agencies shall:

a) Take charge and cooperate with the representative of central agency and competent person of the People's Committee of province where the complaining matter arises in working with the complainants;

b) When necessary, request the President of People’s Committee of province where the complaining matter arises or designate a responsible person to work with the spokepersons of the complainants;

c) Request relevant entities to provide information and documents related to the complaining matter and work with the spokepersons of the complainants;

d) Supervise and urge the President of People’s Committee of province to handle the complaint referred by the citizen reception board of central agencies;

dd) Cooperate with the President of People’s Committee of province in convincing the complainants to return to their localities.

3. The President of People’s Committee of province where the complaining matter arises shall:

a) Personally or designate a responsible person to cooperate with the citizen reception board of central agencies and relevant authorities in working with the spokeperson of the complainants:

b) Provide information and documents related to the complaining matter at the request of competent persons:

c) Handle the complaint under his/her jurisdiction or direction of authority in charge of complaint-handling as per the law;

d) Convince or somehow let the complainants return to their localities.

4. The police of commune, district, or province where the complainants gather shall keep the public security and deal with violations of law.

5. The heads of relevant agencies shall provide information and documents related to the complaining matter at the request of the complaint-handling person; work with the complainants and handle the complaints in respect of their sectors or fields of management upon request.

Article 12. Responsibilities of the Inspector-General, the Minister of Public Security, the President of People’s Committee of Hanoi City and the President of People’s Committee of Ho Chi Minh City

1. Within the scope of their duties and powers, the Inspector-General, the Minister of Public Security shall implement, guide, inspect and urge the President of People’s Committees, police authorities, inspection authorities and relevant agencies to handle complaints by multiple complainants.

2. The President of People’s Committee of Hanoi City and the President of People’s Committee of Ho Chi Minh City shall cooperate with the Inspector-General, the Minister of Public Security, the citizen reception board of central agencies in Hanoi City and Ho Chi Minh City and relevant agencies to handle complaints by multiple complainants upon request.

Chapter III

COMPLAINTS AND HANDLING OF COMPLAINTS IN PUBLIC SECTOR ENTITIES

Article 13. Complaints against administrative decisions or actions in public sector entities

Complaint against an administrative decision or action in the public sector entity means that the complainant may, under the Law on Complaints and this Decree, request the public sector entity or competent person in the public sector entity to review an administration decision or action if it finds just cause to determine that the administration decision or action is unlawful and directly infringes their lawful rights and interests.

Article 14. Jurisdiction over complaints in a public sector entity

1. The head of the public sector entity has jurisdiction over the first complaint against his/her administrative decisions or actions or those of officers under his/her management.

2. The head of the immediate superior public sector entity has jurisdiction over the second complaint against administrative decisions or actions made by the head of the inferior public sector entity in case the complainant is still not satisfied with the first complaint-handling decision or the first complaint remains unresolved during the statutory time limit.

If a public sector entity has no immediate superior public sector entity, the head of the regulatory agency that oversees that public sector entity shall have jurisdiction over the second complaint.

3. In case of a complaint against administrative decision or action of the public sector entity established by the Prime Minister, the Minister or Head of ministerial-level agency shall be the second complaint-handling person.

Article 15. Rights and obligations of complainants, complainees, complaint-handling persons, prescriptive period for complaint, complaint-handling time limit, complaint-handling procedures

Rights and obligations of complainants, complainees, complaint-handling persons, prescriptive period for complaint, complaint-handling time limit, complaint-handling procedures against administrative decisions or actions in public sector entities are specified in the Law on Complaints and this Decree.

Chapter IV

COMPLAINT-HANDLING PROCEDURES

Section 1. ACCEPTANCE AND PREPARATION FOR VERIFICATION OF COMPLAINTS

Article 16. Acceptance of complaints

1. Within 10 business days of receiving a complaint against the administrative decision or action or disciplinary decision against official, falling under jurisdiction and not subject to a case in Article 11 of the Law on Complaints, the first or second complaint-handling person shall accept it. In case of a complaint by multiple complainants with spokepersons designated, the complaint letter, once accepted, must bear all signatures of the complainants and enclose with a letter of designation of spokepersons as prescribed in Article 7 hereof. If the complaint letter is not accepted, the complaint-handling person must provide explanation in writing.

2. In case of a complaint against the administrative decision or action, the complaint-handling person must notify the complainant, the entity from whom the complaint has been referred (if any) and the inspection authority at the same level of the acceptance or non-acceptance in writing. In case of a complaint against the disciplinary decision against official, a written notice of acceptance or non-acceptance shall be sent to the complainant. In case of a complaint by multiple complainants with spokepersons designated, a written notice of acceptance or non-acceptance shall be sent to one of those spokepersons.

The notice of acceptance of complaint is made in accordance with Form No. 03 hereto appended. The notice of non-acceptance of complaint is made in accordance with Form No. 04 hereto appended.

Article 17. Review of administrative decision or action, disciplinary decision against official

1. Following the acceptance of a complaint, the first complaint-handling person shall review the administrative decision or action complained of.

In case of a complaint against the disciplinary decision against official, the complaint-handling person shall personally review or assign a responsible to review that disciplinary decision against official.

2. Matters to be reviewed:

a) Legal bases for issuance of the administrative decision or performance of the administrative action, or issuance of the disciplinary decision against official;

b) The authority for issuance of the administrative decision or performance of the administrative action, or issuance of the disciplinary decision against official;

c) Contents of the administrative decision or performance of the administrative action, or issuance of the disciplinary decision against official;

d) Procedures for issuance, layout and format of the administrative decision or disciplinary decision against official;

dd) Others (if any).

3. Following the review, if the complaint is deemed right, the first complaint-handling person shall make a complaint-handling decision as quickly as possible. If the complaint-handling person does not find just cause to reach a conclusion about the complaint, he/she shall proceed the verification.

In case of a complaint against disciplinary decision against official, if the complaint is well founded, the complaint-handling person shall request the official discipline committee to propose the competent person to handle the complaint.

Article 18. Designation of duty to verify the complaining matter

The complaint-handling person shall, personally or designate the inspection authority at the same level or a responsible entity under his/her authority to, verify the complaining matter. The complaint-handling person or designated entity shall issue a decision to verify the complaining matter, specifying the persons in charge of verification, their right and obligations, time and matters to be verified. A decision to verify the complaining matter is made in accordance with Form No. 05 hereto appended.

Section 2. VERIFICATION OF THE COMPLAINING MATTER

Article 19. Working with the complainant, spokeperson, authorized person, lawyer, legal aid provider of the complainant

1. The complaint-handling person or person designated to verify the complaining matter (hereinafter referred to as the verifying person) shall work with and request the complainant, spokeperson, authorized person, lawyer, legal aid provider of the complainant to provide information and documents related to their identities and complaint details.

2. The meeting and discussion between them shall be recorded in minutes, with specific time, place, attendants, contents and their signatures. If the complainant fails to show cooperation attitude, work or sign the minutes, the minutes shall bear the signature of the witness or the representative of the local government. The minutes shall be made in at least two copies, each party shall keep one copy. The minutes is made in accordance with Form No. 06 hereto appended.

Article 20. Working with the person with relevant rights and interests and the complainee

1. During the first complaint-handling process, the complaint-handling person or verifying person shall work with persons with relevant rights and interests and require them to provide information and documents related to the complaining matter.

2. During the second complaint-handling process, the complaint-handling person or verifying person shall work with the complainee and persons with relevant rights and interests, and require them to provide information and documents related to the complaining matter and further explain about the administrative decision or action complained of,

3. The meeting and discussion mentioned in clauses 1 and 2 hereof shall be recorded in a minutes, with specific time, place, attendants, contents and their signatures. The minutes shall be made in at least two copies, each party shall keep one copy. The minutes is made in accordance with Form No. 06 hereto appended.

Article 21. Requesting relevant entities to provide information, documentation and proof

During the verification process, the complaint-handling person or verifying person shall, in writing, request relevant entities to provide information, documentation and proof related to the complaining matter. The request is made in accordance with Form No. 07 hereto appended.

In case the verification takes the form of a meeting with relevant entities to provide information, documentation and proof, a minutes shall be taken. The minutes shall be made in at least two copies, each party shall keep one copy. The minutes is made in accordance with Form No. 06 hereto appended.

Article 22. Receipt and processing of information, documentation and proof

The complaint-handling person or verifying person shall, upon receipt of information, documentation and proof from the complainant, spokeperson, authorized person, lawyer, legal aid provider of the complainant, the complainee or entities in person, take a record of receipt. The record of receipt is made in accordance with Form No. 08 hereto appended.

Article 23. Verification visit

1. When necessary, the complaint-handling person or verifying person may undertake a verification visit to collect, examine, and determine if the provided information, documentation and proof related to the complaint are accurate, lawful and sufficient.

2. The verification visit must be recorded in writing, with specific time, place, participants, matters verified, results, opinions of participants and relevant entities.  The record is made in accordance with Form No. 06 hereto appended.

Article 24. Soliciting expert advice

1. The complaint-handling person may solicit expert advice when deeming that the complaint requires further expert assessment as the basis for the complaint-handling decision.

2. The complainant, the complainee and relevant entities may request the complaint-handling person to solicit expert advice. If the said request of the complainant, the complainee and relevant entities is considered well founded, the complaint-handling person will solicit expert advice.

The decision to solicit expert advice prescribed in clauses 1 and 2 hereof is made in accordance with Form No. 09 hereto appended.

3. The expert advice shall be solicited in writing, specifying the name of expert organization, information and documentation to be assessed, matters to be assessed, time limit for expertise conclusion.

The request is made in accordance with Form No. 10 hereto appended.

Article 25. Working with concerned parties during verification of the complaining matter

If the verification result is different from the information, documentation and proof provided by the complainant or complainee, the complaint-handling person or verifying person shall work with the complainant or complainee; or engage other entities in necessary case.

The meeting and discussion must be recorded in minutes, with specific time, place, attendants, contents and opinions of attendants, matters mutually agreed, issues that remain controversial and signatures of concerned parties. The minutes shall be made in at least two copies, each party shall keep one copy. The minutes is made in accordance with Form No. 06 hereto appended.

Article 26. Suspension of enforcement of the administrative decision complained of

1. During the complaint handling process, if deeming that the enforcement of the administrative decision complained of may cause an irremediable consequence, the complaint-handling person shall issue a decision to suspend the enforcement. The suspension period may not exceed the remaining time of the complaint-handling time limit. The suspension decision is made in accordance with Form No. 11 hereto appended.

2. In considering that the ground for suspension no longer exists, the complaint-handling person shall issue another decision to reverse the suspension decision. The decision to reverse the suspension decision is made in accordance with Form No. 12 hereto appended.

Article 27. Report on verification of complaining matter

1. The verifying person shall send a honest and impartial report on verification of the complaining matter to the complaint-handling person.

2. A report on verification of complaining matter shall contain the contents mentioned in clause 4 Article 29 of the Law on Complaints. The report shall specify details about the complainant, the complainee, the administrative decision or action or disciplinary decision against official complained of, request of the complainant, bases for complaint; previous complaint-handling decision (if any); verification results associated with every matter to be verified; conclusion that whether the complaining matter is totally right, totally wrong, or partially right; proposal to sustain or wholly reverse or partially amend the administrative decision or disciplinary decision against official complained of or stop the administrative action complained of; proposal to issue a complaint-handling decision.

The report on verification result is made in accordance with Form No. 13 hereto appended.

Article 28. Dialogue in the second complaint-handling process

1. During the second complaint-handling process, the complaint-handling person must hold a dialogue.

a) If the complaint-handling person is the President of People’s Committee of district, Director of department of province or equivalent, he/she must have a dialogue with the complainant.

b) If the complaint-handling person is the Minister, Head of ministerial-level agency, or the President of People’s Committee of province, he/she must engage in a dialogue of a delicate complaint (the complaint by multiple complainants, receiving different opinions from competent authorities about the measure at issue, the complainant shows harsh attitude, the public is concerned about the case, the case affects political security and social peace).

In other cases, the complaint-handling person may designate his/her deputy or the head of specialized agency at the same level or the head of affiliated entity designated the verification duty to engage in a dialogue with the complainant. During the dialogue, the designated person must promptly report to the complaint-handling person on complicated issues going beyond their competence; and report the dialogue result and be held accountable for that report.

2. The presiding person of the dialogue must hold the dialogue with the complainant, the complainee and persons with related rights and interests. The presiding person must state matters to be discussed, verification result of the complaining matter; attendants to the dialogue may present their opinions, provide extra information, documentation and proof related to the complaint and their requests. The presiding person must notify attendants, including the complainant, the spokeperson (for complaint by multiple complainants), the complainee, persons with related rights and obligations, and other entities of the time, place, matters to be discussed.

3. The dialogue must be recorded in minutes, with specific time, place, attendants (clearly state who are present and absent; if the complainant does not attend the dialogue, stating absence with or without reasons), contents, opinions of attendants, matters mutually agreed, issues that remain controversial and signatures of concerned parties. The minutes shall be made in at least three copies, each party shall keep one copy. The minutes is made in accordance with Form No. 14 hereto appended.

Section 3. ISSUANCE, SENDING, DISCLOSURE OF COMPLAINT-HANDLING DECISION, KEEPING AND MANAGEMENT OF COMPLAINT-HANDLING DOSSIER

Article 29. Issuance, sending and disclosure of complaint-handling decision

1. Pursuant to regulations and laws, verification result, and dialogue result (if any), the complaint-handling person shall issue a complaint-handling decision following the provisions below:

a) The first complaint-handling decision about the administrative decision or action shall conform to provisions under Article 31 of the Law on Complaints; the second complaint-handling decision shall conform to Article 40 of the Law on Complaints.

The complaint-handling decision must specify requirements for acceptance of complaint; name and address of the complainant, the complainee; complaint details, reasons for complaint, requests of the complainant; previous complaint-handling decision (if any); verification result; bases for conclusion that whether the complaining matter is totally right, totally wrong, or partially right; decision to sustain or wholly reverse or partially amend the administrative decision complained of or stop the administrative action complained of (for the first complaint-handling decision); or request the maker of administrative decision or action complained of to, wholly or partially, amend or terminate the administrative decision, or stop the administrative action (for the second complaint-handling decision); restitution to the aggrieved party (if any) and resolution of other issues; the right to file the second complaint, the right to bring an administrative lawsuit to the court.

b) The first complaint-handling decision about the disciplinary decision against official shall conform to provisions under Article 54 of the Law on Complaints; the second complaint-handling decision about the disciplinary decision against official shall conform to Article 56 of the Law on Complaints.

The complaint-handling decision must specify name and address of the complainant, the complainee; complaint details, reasons for complaint, verification result, dialogue result; legal bases for complaint handling; conclusion about the complaint; decision to sustain, amend or wholly reverse or partially amend the disciplinary decision against official complained of (for the first complaint-handling decision); or conclusion regarding every matter in the complaint and the first complaint-handling decision (for the second complaint-handling decision); restitution to the aggrieved party (if any) and resolution of other issues; the right to file the second complaint, the right to bring an administrative lawsuit to the court.

c) The first complaint-handling decision is made in accordance with Form No. 15, the second complaint-handling decision is made in accordance with Form No. 16 hereto appended.

2. Sending complaint-handling decision:

a) Regarding the complaint-handling decision about administrative decision or action:

Within 3 business days of issuing the first complaint-handling decision, the complaint-handling person shall send the complaint-handling decision to the complainant, the immediate superior of the complaint-handling person, the second complaint-handling person, persons with related rights and obligations; relevant entities.

Within 7 business days of issuing the second complaint-handling decision, the complaint-handling person shall send the complaint-handling decision to the complainant, the complainee, the first complaint-handling person, persons with related rights and obligations; relevant entities.

b) Regarding the complaint-handling decision about disciplinary decision against official:

Within 3 business days of issuing the first complaint-handling decision, the complaint-handling person shall send the complaint-handling decision to the complainant, the complainee, persons with related rights and obligations; relevant entities.

Within 7 business days of issuing the second complaint-handling decision, the complaint-handling person shall send the complaint-handling decision to the complainant, the first complaint-handling person, persons with related rights and obligations; relevant entities. The second complaint-handling decision of Minister, Head of ministerial-level agency, Head of Governmental agency, or the President of People’s Committee of province must be sent to the Inspector-General and Minister of Ministry of Home Affairs.

3. Disclosure of complaint-handling decision:

Within 15 days of issuing the complaint-handling decision, the complaint-handling person shall disclose it in any of the following forms:

a) Disclosing at a meeting of the workplace of the complainant

Attendants: the complaint-handling person, the complainant or representative, the complainee and relevant entities. 3 days before an open meeting, the complaint-handling person shall send notice to relevant entities in advance.

b) Posting up at the head office or place of citizen reception of the complaint-handling body. The posting time of the complaint-handling decision is at least 15 days after the posting date.

c) Announcement by means of mass media

The complaint-handling decision shall be announced by means of mass media, including audio and visual newspapers, print newspapers, or online newspapers. The complaint-handling person shall choose any of the mentioned means of mass media to make the announcement. If the complaint-handling body has a web portal or website, the complaint-handling decision shall be posted on that web portal or website. The complaint-handling decision must be broadcast at least twice on the audio newspaper or visual newspaper; or be posted in at least 2 continuous issues of the print newspaper. The posting time on the online newspaper, web portal or website is at least 15 consecutive days.

Article 30. Keeping and management of complaint-handling dossier

The verifying person shall keep records of the complaint-handling dossier; gather information, documentation and proof related to the complaint, verification results, conclusions, proposals, and the complaint-handling decisions.

Chapter V

ENFORCEMENT OF LEGALLY-EFFECTIVE COMPLAINT-HANDLING DECISION

Article 31. Responsibilities of the complaint-handling person in enforcement of legally-effective complaint-handling decision

1. No later than 5 business days of the effective date of the complaint-handling decision, within the given tasks and powers, the complaint-handling person shall, at their discretion or under direction of relevant authorities, enforce the legally-effective complaint-handling decision.  The written direction must specify responsibilities of the enforcing agency; entities subject to the direction; responsibilities of relevant entities; matters to be enforced and time limit; the report on enforcement to the complaint-handling person.

2. The complaint-handling person shall, at their discretion or through a designated agency or inspection authority at the same level, supervise and inspect the enforcement of the legally-effective complaint-handling decision. If it is determined that any entity fails to enforce, or improperly or inadequately enforce the legally-effective complaint-handling decision, appropriate measures shall be taken. If any case goes beyond the given jurisdiction, the complaint-handling person shall request competent authorities to deal with that case.

Article 32. Responsibilities of the complainee in enforcement of legally-effective complaint-handling decision

1. Based on the legally-effective complaint-handling decision, the complainee shall facilitate the enforcement of the legally-effective complaint-handling decision.

a) Where the complaint-handling decision requires amendment or annulment of any or all of the administrative decision, the complainee shall issue a new decision to replace or amend the administrative decision complained of; take appropriate measures in order to restore the lawful rights and interests infringed of the complainant and relevant persons.

b) Where the complaint-handling decision concludes that the administrative decision complained of was legally made, the complainant must abide by that administrative decision. If the complainant fails to abide by the said administrative decision, the competent person shall enforce the complainee to follow that administrative decision. Power and procedures for enforcement of the administrative decision shall conform to regulations and law on enforcement of administrative decisions. The competent enforcing person shall plan the enforcement in an effective and feasible manner; place an emphasis on convincing the complainant to voluntarily follow that administrative decision prior to adoption of any coercive measures; and cooperate with organizations and unions in the enforcement.

c) Where the complaint-handling decision concludes that the administrative action complained of was legally performed, the complainant must abide by that administrative action. Where the complaint-handling decision concludes that the administrative action complained of was illegally performed, the complainee must stop that administrative action.

2. The complainee must report the competent authorities on the implementation of the legally-effective complaint-handling decision.

Article 33. Responsibilities of the complainant in enforcement of legally-effective complaint-handling decision

1. Cooperate with the competent authorities in restoring their lawful rights and interests infringed by the illegal administrative decision or action (if any).

2. Abide by the administrative decision or action complained of if it is considered legal by the complaint-handling person.

3. Follow any decision of the competent authority to implement the legally-effective complaint-handling decision.

Article 34. Responsibilities of the person with related rights and interests in enforcement of legally-effective complaint-handling decision

1. Cooperate with the competent authorities in restoring the lawful rights and interests of the complainant; and restoring their lawful rights and interests infringed by the illegal administrative decision or action.

2. Follow any decision of the competent authority to implement the legally-effective complaint-handling decision relevant to their lawful rights and interests.

Article 35. Responsibilities of the superior body of official in enforcement of legally-effective complaint-handling decision

The superior body of official whose administrative decision or action is complained of, within their given tasks and powers, shall implement the legally-effective complaint-handling decision; guide, inspect and urge the officials in the enforcement of legally-effective complaint-handling decision.

Article 36. Responsibilities of the enforcing authority in enforcement of legally-effective complaint-handling decision

1. Take appropriate measures to enforce the legally-effective complaint-handling decision; take charge and cooperate with relevant entities in the enforcement of the legally-effective complaint-handling decision as mentioned in point a clause 1 Article 31 of this Decree; and request affiliated entities to take given measures to enforce the administrative decision. In any case beyond the jurisdiction, the enforcing authority shall request the competent authority to take appropriate measures to enforce the legally-effective complaint-handling decision.

2. Assist the head of the body that issues the complaint-handling decision to supervise, inspect and urge designated entities and officials to enforce the legally-effective complaint-handling decision.

3. Report the competent person on problems arising during the enforcement of the legally-effective complaint-handling decision for timely handling.

Article 37. Responsibilities of other entities in enforcement of legally-effective complaint-handling decision

Within their given tasks and powers, relevant entities shall follow any decision of the competent authority to implement the legally-effective complaint-handling decision; cooperate with other competent entities in enforcement of the legally-effective complaint-handling decision upon request.

Article 38. Violations during complaint-handling

Upon detection of any violation that causes damage to the State, legitimate rights and interests of citizens and agencies; the Prime Minister shall request the competent person or designate the Inspector-General, Minister or Head of ministerial-level agency to proceed an inspection, and then report it to the Prime Minister for further direction.

Chapter VI

ACTIONS AGAINST VIOLATIONS

Article 39. Rules for actions against violations

1. If the complaint-handling person, verifying person, or enforcing person of the legally-effective complaint-handling decision commits any violation of law, depending on nature and severity of the violation, the wrongdoer may be disciplined as prescribed in Articles 40, 41 and 42 of this Decree. Disciplinary actions include reprimand, warning, downgrade of pay step, demotion, or dismissal. If the violation shows sign of offence, the wrongdoer will face a criminal prosecution; if the damage is caused, the wrongdoer must pay restitution or reimbursement as per the law.

The rules, power, procedures and other issues related to the disciplinary action against the complaint-handling person, verifying person or enforcing person who commits the violation not stipulated in this Decree shall comply with the law on disciplinary actions against officials and public employees.

2. If the complainant or any relevant entity commits a violation, depending on nature and severity of the violation, they shall face an administrative penalty or a criminal prosecution; if the damage is cause, the wrongdoer must pay restitution as per the law.

Article 40. Disciplinary action against the verifying person

1. The reprimand shall be imposed on the verifying person if he/she:

a) Harass, impede, cause prejudice or troublesome to the complainant, the spokeperson or the complainee.

b) Cover up the erring complainee.

c) Threat to retaliate or victimize the complainant, the spokeperson or the complainee.

2. The warning shall be imposed on the verifying person if he/she intentionally ignore evidences, overlook information and documentation or falsify the case file during the verification process.

3. The demotion or dismissal shall be imposed on the verifying person if he/she intentionally provides false report on the verification result, which brings matters to the wrong complaint-handling decision and results in serious insecurity or any death. If the verifying person holds no title, his/her pay step shall be downgraded.

Article 41. Disciplinary actions against the complaint-handling person

1. The reprimand shall be imposed on the complaint-handling person if he/she:

a) Harass, impede, cause prejudice or troublesome to the complainant, the spokeperson or the complainee.

b) Cover up the erring complainee.

c) Threat to retaliate or victimize the complainant, the spokeperson or the complainee.

2. The warning shall be imposed on the complaint-handling person if he/she:

a) Deliberately refuse the complaint notwithstanding he/she has the jurisdiction over that complaining matter.

b) Deliberately ignore evidences and overlook the information and documentation or falsify the case file.

c) Deliberate failure to issue a complaint-handling decision.

3. The dismissal shall be imposed on the complaint-handling person if he/she:

a) Commit serious violation during complaint-handling procedures which causes serious insecurity or any death.

b) Deliberately issue an illegal complaint-handling decision which causes serious insecurity or any death.

Article 42. Disciplinary actions against the enforcing person

1. The reprimand shall be imposed on the enforcing person if he/she:

a) Cover up, abet, do not deal with responsible entities who fail to enforce the legally-effective complaint-handling decision.

b) Improperly or inadequately enforce the legally-effective complaint-handling decision.

2. The warning shall be imposed on the enforcing person if he/she deliberately fails to enforce the legally-effective complaint-handling decision.

Chapter VII

IMPLEMENTATION

Article 43. Entry in force

1. Complaints in state-owned enterprises and complaints of employees in public sector entities shall be dealt with in accordance with the Decree No. 24/2018/ND-CP dated February 27, 2018 of the Government.

2. This Decree comes into force as of December 10, 2020 and supersedes the Decree No. 75/2012/ND-CP dated October 3, 2012 of the Government on guidelines for the Law on Complaints.

Article 44. Implementation

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of provinces and central-affiliated cities and relevant entities shall implement this Decree./.

 

 

ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER




Nguyen Xuan Phuc

 


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This translation is made by THƯ VIỆN PHÁP LUẬT and for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed

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