Vietnam: What are the signs of complaints, petitions, and reflections of ineligibility for processing? How will complaints, petitions, and reflections be eligible for processing?
- What are the signs of complaints, petitions, and reflections of ineligibility for processing in Vietnam?
- On what basis are complaints and recommendations of agencies, organizations and individuals involved in inspection activities in Vietnam?
- How will complaints, petitions, and reflections be eligible for processing in Vietnam?
- What is the authority to resolve complaints in inspection activities in Vietnam?
What are the signs of complaints, petitions, and reflections of ineligibility for processing in Vietnam?
Based on the provisions of Point b, Clause 2, Article 6 of Circular 05/2021/TT-TTCP, signs of identifying denunciations, petitions and reflections of ineligibility for processing include:
- It does not satisfy the requirements set out in point a of clause 2 of this Article;
- It is filed, submitted to multiple authorities, organizations, units or persons, including those having competence in handling it;
- It receives instructions given in clause 1 of Article 8 herein;
- It represents protest against policies and guidelines of the Party, policies and laws of the State; provokes division between the people and religions; contains offensive, slanderous and defamatory words insulting the honor and reputation of individuals, agencies, organizations and units;
- It is torn or ruined with erased, blurred or illegible texts.
Thus, if there is 1 of the above signs, the complaint, petition, reflection on inspection activities will not be eligible for processing.
Vietnam: What are the signs of complaints, petitions, and reflections of ineligibility for processing? How will complaints, petitions, and reflections be eligible for processing?
On what basis are complaints and recommendations of agencies, organizations and individuals involved in inspection activities in Vietnam?
Pursuant to Article 94 of the Law on Inspection 2022 of 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 have the right to appeal administrative decisions and administrative acts of the person conducting the inspection and handling decisions on inspection in accordance with the law on complaints when there are grounds to believe that such decision or act is illegal, infringe upon their legitimate rights and interests; recommendations on the content of the inspection conclusion when it is considered that the content is not accurate.
Accordingly, relevant agencies, organizations and individuals will make complaints and recommendations on the following grounds:
- There are grounds to believe that the administrative decision of the person conducting the inspection or handling decision on inspection is illegal and infringes on his/her legitimate rights and interests;
- There are grounds to believe that the administrative acts of the person conducting the inspection are illegal and infringe upon his/her legitimate rights and interests;
- Considering that the content in the inspection conclusion is incorrect.
How will complaints, petitions, and reflections be eligible for processing in Vietnam?
Pursuant to Point a, Clause 2, Article 6 of Circular 05/2021/TT-TTCP dated October 1, 2021 on the process of handling complaints, denunciations, petitions, reflections, denunciations, petitions, and reflections eligible for processing are determined as follows:
Article 6. Sorting of statements
...
2. Sorting statements out by processing and handling requirements into those qualified or unqualified for processing and handling.
a) A statement 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 accusation needs to clarify the full name and address of the person making accusation; alleged acts of violation against laws; approaches for contact with the person making accusation 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 accusation 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 Law on Accusation.
Thus, if the above 05 conditions are met, the denunciation, petition and reflection on inspection activities will be handled by the competent authority and have written feedback on the settlement results for whistleblowers, petitions and reflections.
What is the authority to resolve complaints in inspection activities in Vietnam?
In Clauses 1 and 2, Article 95 of the Law on Inspection 2022 of Vietnam, there are provisions on the competence to settle complaints in inspection activities as follows:
Competence, order and procedures for settling complaints in inspection activities
1. Heads of inspection agencies shall settle complaints against their decisions and acts, those of the head of the inspection team and other members of the inspection team.
2. Heads of state management agencies shall settle complaints against their inspection handling decisions and those of agencies and individuals under their direct management.
Thus, persons competent to settle complaints in inspection activities include: Heads of inspection agencies and heads of state management agencies.
Concrete:
- Head of inspection agency:
+ Settling complaints against their decisions and acts;
+ Settling complaints against decisions and acts of the head of the inspection team;
+ Settling complaints against decisions and acts of other members of the inspection team.
- Heads of state management agencies:
+ Settling complaints against their inspection decisions;
+ Settling complaints against decisions on inspection of agencies and individuals under direct management.
On what principle is the handling of denunciations, petitions and reflections on inspection activities carried out in Vietnam?
Principles for handling denunciations, petitions and reflections are specified in Article 3 of Circular 05/2021/TT-TTCP as follows:
- The processing of the application must ensure compliance with the law; quickly, promptly;
- Clearly, uniformly handle and create favorable conditions for citizens in carrying out procedures on complaints, denunciations, petitions and reflections;
- The application must be sent and forwarded to the right agency, organization, unit or individual competent to settle.
The Inspection Law 2022 of Vietnam will come into force from July 01, 2023.
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