Do inspected entities have the right to complain during inspection activities? Who has the competence to settle complaints about inspection in Vietnam?
- Do inspected entities have the right to complain during inspection activities?
- Who has the competence to settle complaints about inspection in Vietnam?
- What are the bases for complaints of relevant agencies, organizations and individuals in inspection activities?
- How is the statement of complaint, statement of denunciation, statement of petition or grievance which is qualified for processing and handling?
- What are the processing and handling principles for the statement of complaint, statement of denunciation, statement of petition or grievance in inspection activities?
Do inspected entities have the right to complain during inspection activities?
Pursuant to Article 92 of the 2022 Law on Inspection in Vietnam stipulating as follows:
Rights of inspected entities
1. An inspected entity shall have the following rights:
a) Explain matters related to inspection contents;
b) Complain about the decisions and acts of inspection-conducting persons throughout inspection; complain about the inspection-related decisions in accordance with the law on complaints; make recommendations on the contents of inspection conclusion in case such contents are not accurate;
c) Request compensation for damage, restore other lawful rights and interests as prescribed by the law.
2. Individuals who are the inspected entities shall have the right to denounce violations committed by the inspection-conducting persons in accordance with the law on denunciation.
Thus, the inspected entity shall have the right to complain about the decisions and acts of inspection-conducting persons throughout inspection; complain about the inspection-related decisions in accordance with the law on complaints.
Do inspected entities have the right to complain during inspection activities? Who has the competence to settle complaints about inspection in Vietnam? (Image from the Internet)
Who has the competence to settle complaints about inspection in Vietnam?
Pursuant to Clause 1, Article 95 of the 2022 Law on Inspection in Vietnam and Clause 2, Article 95 of the 2022 Law on Inspection in Vietnam stipulating the competence to settle complaints about inspection as follows:
Competence and procedures for settlement of complaints about inspection
1. The head of inspection authority shall settle complaints about his/her decisions and acts, the decisions and acts of the chief and other members of the inspectorate.
2. The head of the state management agency shall settle complaints about his/her inspection-related decision and the inspection-related decisions of agencies and individuals under its management.
Thus, persons competent to settle complaints about inspection include: The head of inspection authority and head of the state management agency.
What are the bases for complaints of relevant agencies, organizations and individuals in inspection activities?
Pursuant to Article 94 of the 2022 Law on Inspection in Vietnam, complaints and recommendations of relevant agencies, organizations and individuals are prescribed as follows:
Complaints and recommendations of relevant agencies, organizations and individuals
Relevant agencies, organizations and individuals shall have rights to complain about the administrative decisions and acts of inspection-conducting persons and inspection-related decisions according to regulations of the law on complaints when there are grounds to believe that the decisions or acts are illegal or infringe upon their legal rights and interests; make recommendations on the contents of inspection conclusions in case the contents are not accurate.
Thus, relevant agencies, organizations and individuals will make complaints and recommendations on the following bases:
- There are grounds to believe that the decisions are illegal or infringe upon their legal rights and interests;
- There are grounds to believe that the acts are illegal or infringe upon their legal rights and interests;
- There are grounds to believe that the contents of inspection conclusions are not accurate.
How is the statement of complaint, statement of denunciation, statement of petition or grievance which is qualified for processing and handling?
Pursuant to Point a, Clause 2, Article 6 of Circular No. 05/2021/TT-TTCP, the requirements for the statement of complaint, statement of denunciation, statement of petition or grievance is qualified for processing and handling when it meets the following requirements:
- It is written in Vietnamese. If a statement is written in a foreign language, a notarized translation must be sought; the statement must clearly specify the day, month and year on which the statement is composed; the full name and address of the signer; the signer’s signature or fingerprint;
- The statement of complaint needs to clarify the full name and address of the authority, entity or person who is the subject of complaint; subject matters of, reasons for the complaint, documents involved in subject matters of the complaint and requirements of the person making complaint;
- The statement of denunciation needs to clarify the full name and address of the person making denunciation; alleged acts of violation against laws; approaches for contact with the person making denunciation and other relevant information;
- The statement of petition or grievance needs to clarify subject matters of petition or grievance;
- The statement without the full name and address of the person submitting the statement needs to have subject matters of denunciation regarding an act of violation against law and provide clear information about the violator, specific documents or proof pertaining to offences against laws and bases for examination or investigation in accordance with clause 2 of Article 25 in the 2018 Law on Denunciation.
Thus, if the above 05 requirements are fully satisfied, the statement of complaint, statement of denunciation, statement of petition or grievance in inspection activities will be handled by the competent authority and given a written response on the settlement results for the denouncers, petitioners and reflectors.
What are the processing and handling principles for the statement of complaint, statement of denunciation, statement of petition or grievance in inspection activities?
The processing and handling principles for the statement of complaint, statement of denunciation, statement of petition or grievance are specified in Article 3 of Circular No. 05/2021/TT-TTCP as follows:
- The process for handling statements must be legitimate; fast and timely; explicit, uniform and must enable citizens to carry out complaint, accusation, petition or grievance procedures.
- Statements should be filed, submitted or referred to appropriate authorities, organizations, units or persons having competence in handling them.
The 2022 Law on Inspection in Vietnam takes effect from July 1, 2023.
Nguyễn Thị Hồng Nhung
