The complained entity is a state administrative body or an individual with authority within a state administrative body that has issued the administrative decision or conducted the administrative act being complained about; a body, organization, or individual with authority that has issued the disciplinary decision being complained about.
In addition to stipulating the rights and obligations of the complainant, the Law on Complaints 2011 also provides regulations on the rights and obligations of the complained party. To be specific:
- The complained party has the following rights:
- Present evidence regarding the legality of the administrative decision or administrative act being complained about;- Be informed, read, copy, and replicate documentation and evidence gathered by the complaint resolver, except for information and documentation classified as state secrets;- Request individuals, agencies, or organizations related to the complaint who possess and manage relevant information and documentation to provide said information and documentation within 07 days from the date of the request to hand over to the complaint resolver, except for information and documentation classified as state secrets;- Receive the second complaint resolution decision.
- The complained party has the following obligations:
- Participate in dialogues or authorize a legal representative to participate in dialogues;- Comply with the verification decisions regarding the complaint content made by the competent complaint-resolving agency or unit;- Provide information and documentation related to the complaint content, and explain the legality and correctness of the administrative decision or administrative act being complained about when required by the complaint resolver or the verifying agency or unit within 7 days from the date of the request;- Strictly comply with the legally effective complaint resolution decision;- Amend or revoke the administrative decision, cease the administrative act being complained about;- Compensate for damage caused by illegal administrative decisions or acts in accordance with the law on state liability for compensation.
These contents are stipulated in Article 13 of Law on Complaints 2011, which took effect on July 1, 2012.
Address: | 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City |
Phone: | (028) 7302 2286 |
E-mail: | [email protected] |