Luật khiếu nại 2011

LAW

ON COMPLAINTS

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

The National Assembly promulgates the Law on Complaints.

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation

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

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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 prescribed in 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 lawful 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 or organizations entitled to complaint mean state agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations and people's armed forces units.

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

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

7. Persons with related rights and obligations mean individuals, agencies or organizations that are neither a complainant nor the complained subject but the complaint settlement is related to their 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 management activities and is applied once to one or several specific subjects.

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

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

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 against administrative decisions or administrative acts in public non-business units and state enterprises comply with this Law.

The Government shall specify this Clause.

3. Based on this Law, competent bodies of political organizations, socio-political organizations, social organizations and socio-professional organizations guides complaints and settlement of complaints within their bodies or organizations.

4. Based on this Law, the Supreme People's Court, Supreme People's Procuracy, State Audit, National Assembly Office, President Office and other state agencies regulate 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.

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

Article 5. Responsibilities for settlement of complaints and coordinate in settling complaints

1. Agencies, organizations and individuals shall, within the scope of their functions, tasks and powers, promptly and lawfully receive and settle complaints and strictly handle offenders; apply necessary measures to prevent potential damage; assure for complaint settlement decisions to be 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; supplying information and documents relating to complaints at the request of these competent 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 that are illegal, to avoid arising complaints.

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

Article 6. Prohibited acts

1. Obstructing or causing troubles to persons exercising the right to complain; threatening, revenging or retaliating complainants.

2. Showing irresponsibility in settling complaints; refusing to settle complaints; falsifying information, documents and dossiers of complaint case; intentionally settling complaints at variance with law.

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

5. Intentionally making untruthful complaints.

6. Provoking, instigating, forcing, inducing, buying off or dragging other people to gather in masses for making complaints, disturbing security and order at public places.

7. Taking advantage of complaints to propagate against the State or infringe upon the State's interests; distorting, slandering, threatening or offending the prestige or honor of agencies, organizations or persons responsible for settling complaints, or other persons executing their tasks or official duties.

8. Violating regulations on citizen reception.

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

Chapter 2

COMPLAINTS ABOUT ADMINISTRATIVE DECISIONS, ADMINISTRATIVE ACTS

Section 1. COMPLAINTS

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1. When having grounds to believe that an administrative decision or administrative act is unlawful or directly infringes upon his/her rights and lawful interests, a person may make a first-time complaint with the person who 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 the complaint remains unsettled although past the prescribed time limit, he/she may make 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 the complaint remains unsettled though past the prescribed time limit, he/she has right to 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 (hereinafter referred to as Minister), the complainant may make 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 the complaint remains unsettled though 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 (hereinafter referred to as provincial People's Committee), the complainant may make 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 the complaint remains unsettled though past the prescribed time limit, he/she may make a second-time complaint with the Minister managing the related sector or field 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 the complaint remains unsettled though 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

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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 agencies, organizations or individuals; 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 in such record for confirmation, which clearly writes 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 implemented as follows:

a/ For a verbal complaint of many persons at the same time, 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 writing the contents specified in clause 2 of this Article. The reception of a complainant of many persons complies with Chapter V of this Law;

b/ For a written complaint made by many persons, such complaint must clearly write the contents specified in clause 2 of this Article, include the signatures of complainants, and appointment of a representative to present their opinions at the requests of complaint settler.

c/ The Government shall detail this clause.

5. In case a complaint is made by a representative, such representative must be one of the complainants, have a paper proving legality of representation, and implement the complaint as prescribed by this Law.

Article 9. Statute of limitation for making a complaint

The statute of limitation for making a complaint is 90 days, after receiving an administrative decision or knowing or being informed of an administrative decision or act.

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Article 10. Withdrawal of complaints

A complainant may withdraw his/her complaint at any time in the course of complaint and its settlement; a written request for withdrawal must be made, signed or fingerprinted by the complainant and sent to the person competent to complaint settlement.

When receiving a written request for complaint withdrawal, the person competent to complaint settlement shall suspend the complaint settlement and notify such suspension in writing to the complainant.

Article 11. Complaints not eligible to be accepted for 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 related to direction and administration by an administrative agency toward its subordinate administrative agency; an administrative decision containing legal rules issued by competent agencies, organizations or persons according to the order and procedures prescribed in law on promulgation of legal documents; an administrative decision or act involving a state secret in the field of defense, security or foreign affairs as listed by the Government;

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

3. The complainant has no full civil act capacity and no a lawful representative;

4. The complaint is implemented by an unlawful representative;

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6. The statute of limitations or time limit for making a complaint has expired but the complainant has no legitimate reason;

7. A second-time complaint settlement decision has been issued;

8. There is a written notice of suspension of the complaint settlement and the complainant does not continue making complaint during 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 decision other than a court’s decision on suspension of the settlement of an administrative case.

Section 2: RIGHTS AND OBLIGATIONS OF COMPLAINANTS, THE COMPLAINED SUBJECTS, 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 implement a complaint.

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

In case the complainant is eligible for legal aid as specified by law, he/she is entitled to 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 lawful interests;

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

d/ To be entitled 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;

dd/ To request relevant persons, agencies and organizations that are preserving or managing information and documents related to his/her complaint contents to provide such information and documents within 07 days after being requested for submission to the complaint settler, except information and documents falling in state secrets;

e/ 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 make explanation on his/her opinions for these evidences;

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

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

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l/ To withdraw his/her complaint.

2. A complainant has the following obligations:

a/ To make a complaint with the right person who is competent to settlement;

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 as prescribed in Article 35 of this Law;

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

3. Complainants shall also implement other rights and obligations as prescribed by law.

Article 13. Rights and obligations of the complained subject

1. A complained subject has the following rights:

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

c/ To request relevant persons, agencies and organizations that are preserving or managing information and documents relating to the complaint contents to provide such information and documents within 07 days after being requested for submission to the complaint settler, except information and documents falling in state secrets;

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

2. A complained subject 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 relating to the complaint contents and make explanations about the legality 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 07 days after being requested;

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

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

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3. The complained subject shall implement other rights and obligations as prescribed 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 relevant agencies, organizations and persons to provide information, documents and evidences within 07 days after request, for use as a basis for settling the complaint;

b/ To decide application or cancellation of urgent measures as prescribed 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 with respect to complained administrative decision or act;

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

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

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e/ To provide information, documents and evidences relating 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 implement other rights and obligations as prescribed 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, complained subject and relevant agencies, organizations and persons to provide information, documents and evidences within 07 days after request, 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 relevant agencies, organizations and persons to participate in dialogs;

d/ To request an expertise;

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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 examine and verify the content of complaint;

c/ To organize dialogs with the complainant, the complained subject and relevant agencies, organizations and persons

d/ To issue and publicize the complaint settlement decision;

e/ To provide information and documents relating to the complaint contents at the request of the complainant, complained subject or court.

3. Second-time complaint settlers shall implement other rights and obligations as prescribed by law.

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

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

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

c/ To verify and collect evidences relating 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 relating to the complaint contents for protecting the rights and lawful interests of the complainant, except information and documents falling in 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 contents and scope under the complainant's authorization.

3. Lawyers and legal aid officers shall implement other rights and obligations as prescribed by law.

Chapter 3

SETTLEMENT OF COMPLAINTS

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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 (hereinafter referred to as commune-level People's Committees), heads of agencies of People's Committees of rural districts, urban districts, towns or provincial cities (hereinafter 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 who are directly managed by them.

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, heads of agencies of district-level People's Committees which have been settled for the first time but still be complained or in case first-time complaints remain unsettled in spite the settlement time limit expires.

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

Heads of agencies of provincial 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 who are directly managed by them.

Article 20. Competence of directors of provincial 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 who are directly managed by them.

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Article 21. Competence of chairpersons of provincial 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 departments and equivalent levels which have been settled for the first time but still be complained or in case first-time complaints remain unsettled in spite 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 (hereinafter 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 who are directly managed by them.

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 who are directly managed by them.

2. To settle second-time complaints about administrative decisions or acts of heads of agencies of ministries which have been settled for the first time but still be complained or in case first-time complaints remain unsettled in spite the settlement time limit expires.

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

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 lawful interests of citizens, agencies or organizations, to propose the Prime Minister or competent persons to apply necessary measures to terminate these violations, consider liability and handle offenders.

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 directly managed by these persons 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 lawful 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 terminate these violations, consider liability and handle offenders.

Article 26. Competence of the Prime Minister

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

3. To direct the handling of disputes over complaint-settling competence among Ministries, Ministerial-level agencies, Government-attached agencies and provincial 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 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 must accept such complaint for settlement; 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 must clearly state the reason thereof.

Article 28. Time limit for settling first-time complaints

The time limit for settling a first-time complaint does not exceed 30 days after the complaint 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 the complaint 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

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a/ Review his/her administrative decision or act or the administrative decision or act of the responsible person who is directly managed by him/her, and if the complaint is correct, he/she will promptly issue a complaint settlement decision;

b/ If having no ground to make conclusions on the complaint contents, he/she will conduct verification by himself/herself before making conclusions on complaint contents, or assign a slate inspectorate of the same level or a responsible agency, organization or person (hereinafter 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 through the following forms:

a/ Direct examination and verification at the place arising complaint;

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

c/ Other forms as prescribed by law.

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

a/ To request the complainant, the complained subject 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 contents relating to complaint;

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d/ To request an expertise;

dd/ To carry out other examination and verification measures as prescribed by law;

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

4. A report on verification results includes the following contents:

a/ Verification subject(s);

b/ Verification time;

c/ Verifier;

d/ Verified contents;

dd/ Verification results;

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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 subject, persons with related rights and obligations and relevant agencies, organizations and persons to clarify the contents of complaint, the complainant's request and the direction of complaint settlement. Dialogs must be carried out in a public and democratic manner.

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

3. During a dialog, the complaint settler must clearly state contents subject to the dialog and results of verification of the complaint contents; dialog participants have right to present their opinions and show evidences relating to the complaint and their requests.

4. A dialog must be made in a minutes. Such minutes must clearly record opinions of dialog participants and results, with the signatures or fingerprints of dialog participants. In case a dialog participant refuses to sign or fingerprint in the minutes, the reason therefore must be clearly recorded. This minutes shall be kept 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 must issue complaint settlement decisions.

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

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

c/ Complaint contents;

d/ Results of verification of complaint contents;

dd/ Dialog results (if any);

e/ 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, terminating the complained administrative act; settlement of specific matters in the complaint;

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

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

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Article 32. Sending of first-time complaint settlement decisions

Within 03 working days after issuing a complaint settlement decision, the first-time complaint settler shall send such complaint settlement decision to the complainant, the his/her 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. Within 30 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 make 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.

For making second-lime complaints, the complainant must send a second-time complaint enclosed with the first-time complaint settlement decision and relevant documents to a person competent to settle second-lime 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 has right to 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 be made into a dossier. A complaint settlement dossier includes:

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

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

d/ Minutes of dialogs (if any);

dd/ A complaint settlement decision;

e/ Other relevant documents.

2. A complaint settlement dossier must 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 must 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 must 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 must be sent to the complainant, the complained subject, 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 must promptly cancel such suspension decision.

Section 3: ORDER AND PROCEDURES FOR SETTLING SECOND-TIME COMPLAINTS

Article 36. Acceptance of second-time complaints for settlement

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2. For a complicated case, when finding it is neccessary, 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 does not exceed 45 days after the complaint 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 the complaint 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 on the contents and nature of these complaints to conduct verification, make conclusions on complaint contents or assign persons responsible for verifying complaint contents and proposing 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 carry out dialogs with the complainant, the complained subject, persons with related rights and obligations and relevant agencies, organizations and persons to clarify complaint contents, the complainant's request and the direction of complaint settlement. Second-time dialogs shall comply with Article 30 of this Law.

Article 40. Second-time complaint settlement decisions

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

a/ Date of issuing decision;

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

c/ Complaint contents;

d/ Results of the first-time complaint settlement;

dd/ Results of verification of complaint contents;

e/ 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 is complained to modify or cancel part or the whole of such decision or terminate the complained administrative 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 the administrative act;

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

Article 41. Sending and publicizing complaint settlement decisions

1. Within 07 days after issuing a complaint settlement decision, the second-time complaint settler must send it to the complainant, the complained subject, the first-time complaint settler, persons with related rights and obligations, and the competent agency, organization or person that has forwarded the complaint.

2. The second-time complaint settler shall choose one or several forms of public notification as follows:

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

b/ Listing 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 detail the public notification of complaint settlement decisions.

Article 42. Institution of administrative cases

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Article 43. Second-time complaint settlement dossiers

The settlement of a second-time complaint must be made into a dossier as prescribed in Article 34 of this 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 after 30 days from the date of issuance, provided the complainant does not make a second-time complaint; for deep-lying or remote areas with difficult travel conditions, this time limit may be prolonged but not exceed 45 days.

2. A second-time complaint settlement decision takes effect after 30 days from the date of issuance; for deep-lying or remote areas with difficult travel conditions, this time limit may be prolonged but 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

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2. Complainants;

3. The complained subject;

4. Persons with related rights and obligations.

5. Relevant 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 ensure 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 lawful interests of complainants; propose other agencies or organizations to settle matters relating 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 have the following duties:

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

b/ Abide by the complained administrative decision or act which is recognized as lawful by an agency competent to complaint settlement;

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3. Within the ambit of their tasks and powers, relevant 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 requested.

4. The Government shall detail this Article.

Chapter 4

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

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 lawful interests.

Article 48. Statute of limitations for complaints

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

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

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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, included signature of the complainant. First-time complaints must 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 written complaint, a person competent to complaint settlement must accept it for settlement and notify such to the complainant.

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

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Article 52. Verification of complaint contents

In the course of settlement of a complaint, a person competent to complaint settlement has the following duties:

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

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 as prescribed in clause 3, Article 29 of this Law.

The verification of complaint contents must be recorded in writing and reported to the person competent to complaint settlement. After obtaining results of verification of complaint contents, he/she shall request the cadre and civil servant disciplining council for consideration and proposal to a competent person for the complaint settlement.

Article 53. Organization of dialogs

1. A person competent to complaint settlement must organize a dialog with the complainant, before issuing a complaint settlement decision.

Dialog participants include the person competent to complaint settlement who presides over the dialog, the complainant, the person responsible for verification and other relevant persons.

2. During the dialog, the complaint settler must clearly state contents subject to the dialog, results of verification of complaint contents; dialog participants have right to present their opinions and show evidences relating to the complaint and their requests.

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

Article 54. First-time complaint settlement decisions

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

a/ Date of issuing decision;

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

c/ Complaint contents;

d/ Results of verification of complaint contents;

dd/ Results of the dialog;

e/ Legal ground(s) for complaint settlement;

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

i/ Payment of compensations for persons suffered damages (if any);

k/ The right to make a second-time complaint or the right to institute an administrative case at court against the disciplinary decision of dismissal.

2. First-time complaint settlement decisions must be sent to complainants and concerned agencies and organizations.

Article 55. Settlement of second-time complaints

A person competent to settle a second-time complaint has the following duties:

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 competent to complaint settlement;

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

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b/ The person responsible for verification of complaint contents;

c/ The complained subject.

4. Dialog contents comply with clause 2 and clause 3, Article 53 of this Law.

Article 56. Second-time complaint settlement decisions

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

a/ Date of issuing decision;

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

c/ Complaint contents;

d/ Results of verification;

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e/ Legal ground(s) for complaint settlement;

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

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

il The right to institute an administrative case at court against the disciplinary decision of dismissal.

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 07 days after issuance day.

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-lime complaint settlement decisions, which become legally effective after 30 days from they are issued, provided complainants do not make second-time complaints;

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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 forced for dismissal but disagrees with the decision on settlement of the complaint about the disciplinary decision of dismissal or his/her complaint remains unsettled though past the time limit for first-time or second-time complaint settlement as prescribed 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 in accordance with law.

2. The Government shall detail this Article.

Chapter 5

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.

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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 relating to their complaint, denunciation, recommendation or report contents, and sign or fingerprint in written records for confirmation of presented contents.

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

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

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:

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

c/ Chairpersons of provincial 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 under their competence and direction of complaint settlement under competence by heads of state agencies that are managed by them.

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. Beside 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 persons in charge of citizen reception offices and places

1. To receive complaints, denunciations, recommendations and reports of citizens; to classify and forward them to persons competent to settle in accordance with law.

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

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

b/ Those who violate citizen reception regulations.

4. Those in charge 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 6

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 responsible before the Government for performing the state management of complaint settlement work nationwide.

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3. Inspectorates of Ministries, Ministerial-level agencies, inspectorates of provinces and centrally-run cities, inspectorates of provincial 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 the 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 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 the 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.

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1. The Vietnam Fatherland Front and its member organizations shall supervise the implementation of the law on complaints as prescribed in this Law; encourage people to strictly comply with the law on complaints; organize to receive citizens who come for complainants; and upon receiving complaints, study complaints and guide complainants in making complaints with agencies or organizations competent to complaint settlement.

2. Complaints forwarded by committees of the Vietnamese Fatherland Front and member organizations of the Vietnamese Fatherland Front shall be considered and settled by complaint settlers and notify settlement results in writing, within 07 days after the issuance of settlement decisions, to complaint-forwarding organizations. If disagreeing with such settlement results, complaint-forwarding organizations have right to request superior agencies or organizations for consideration and settlement. Agencies or organizations receiving requests shall reply them within 07 days after issuing settlement decisions.

Chapter 7

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 must pay compensations or return in accordance with 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 must pay compensations or return in accordance with law.

Chapter 8

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Article 69. Effect and transitional provisions

1. This Law takes effect on July 01, 2012.

The provisions on complaints and settlement of complaints of Law No. 09/1998/QH10 on complaints and denunciations, which was amended and supplemented according to 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 in accordance with Law No. 09/1998/QH10 on complaints and denunciations, which was amended and supplemented according to Law No. 26/2004/QH11 and Law No. 58/2005/QH11.

Article 70. Detailing provisions

The Government shall detail articles and clauses assigned and Chapter 5 of this Law.

This Law was passed on November 11, 2011, by the XIII^th National Assembly at its 2^nd session.

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