Rights and Obligations of the Complainant Under Current Law

According to the provisions of Article 12 of the Law on Complaints 2011, complainants have the following rights:

- File a complaint on their own;

In case the complainant is a minor or a person who has lost civil act capacity, their legal representative shall file the complaint.

In case the complainant is ill, elderly, physically incapacitated, or for other objective reasons cannot file the complaint on their own, they may authorize their father, mother, spouse, sibling, adult child, or another person with full civil act capacity to file the complaint.

- Seek legal advice from a lawyer or authorize a lawyer to file the complaint to protect their lawful rights and interests;

In case the complainant is eligible for legal aid according to law, they may seek legal advice from a legal aid provider or authorize a legal aid provider to file the complaint to protect their lawful rights and interests.

- Participate in dialogues or authorize a legal representative to participate in dialogues;- Be informed, read, photograph, duplicate documents, and evidence collected by the complaint resolver to address the complaint, except for information and documents classified as state secrets;

- Request individuals, agencies, or organizations holding and managing information and documents related to the complaint to provide such information and documents within 07 days from the date of the request to submit to the complaint resolver, except for information and documents classified as state secrets;- Request the complaint resolver to take urgent measures to prevent potential consequences arising from the execution of the complained administrative decision;- Present evidence regarding the complaint and explain their opinions on such evidence;- Receive a written response on the acceptance of the complaint, and receive the decision on the complaint resolution;- Have their lawful rights and interests restored if violated; be compensated for damages according to the law;- File a second complaint or initiate an administrative lawsuit at the Court according to the provisions of the Administrative Procedure Law;- Withdraw the complaint.

Simultaneously, complainants have the following obligations:

- Submit the complaint to the right person with the authority to resolve it;- Honestly present the facts, provide evidence for the legitimacy and reasonableness of the complaint; provide related information and documents to the complaint resolver, and be legally responsible for the content presented and the information and documents provided;- Comply with administrative decisions and actions under complaint during the complaint process, except when such decisions or actions are temporarily suspended;- Strictly comply with lawful complaint resolution decisions that have come into legal effect.

For more related content, refer to: Law on Complaints 2011 effective from July 01, 2012.

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