If there is no fingerprint of complainant , will such a complaint be eligible to be accepted for settlement? What are the forms of complaint in Vietnam?
If there is no fingerprint of complainant , will such a complaint be eligible to be accepted for settlement in Vietnam?
Pursuant to the provisions of Clause 5, Article 11 of the Law on Complaints 2011, the provisions are as follows:
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;
5. There is no signature or fingerprint of complainant in the written complaint;
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.
Thus, based on the above regulations, a complainant who does not put fingerprints or signatures on the complaint will not be accepted to resolve the complaint according to regulations.
If there is no fingerprint of complainant , will such a complaint be eligible to be accepted for settlement? What are the forms of complaint in Vietnam? (Picture from internet)
What are the forms of complaint in Vietnam?
Pursuant to the provisions of Clause 1, Article 8 of the Law on Complaints 2011, the provisions are as follows:
Forms of complaint
1. Complaints may be made in written or verbal form.
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.
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Thus, based on the above regulations, complaints may be made in the following two forms:
- Complain in written form.
- Complain in verbal form
What are the procedures for making a complaint in Vietnam?
Pursuant to the provisions of Article 7 of the Law on Complaints 2011, regulations on the procedures for complaints are implemented as follows:
- 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.
- 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.
- 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.
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