The decision on complaint settlement in Vietnam must be announced on the mass media at least 02 times in a row?
Who makes the first complaint settlement in Vietnam decision? What content is included?
Pursuant to Article 31 The Law on Complaints 2011 provides for the first-time complaint settlement in Vietnam decision, including the following contents:
- The first-time complaint settler must issue a complaint settlement decision.
- The first-time complaint settlement decision must contain the following details:
+ Date of issuance of the decision;
+ Name and address of the complainant and the complainant;
+ Complaint content;
+ Result of verification of complaint contents;
+ Dialogue results (if any);
+ Legal grounds for complaint settlement;
+ Conclusion of complaint contents;
+ Uphold, amend, supplement or cancel part or the whole of the administrative decision, terminate the complained administrative act; deal with specific issues in the complaint;
+ The compensation for damage to the victim (if any);
+ The right to make a second complaint, the right to initiate an administrative case at the Court.
- In case more than one person makes a complaint about the same content, the person competent to settle complaints shall consider and conclude the complaint contents and base on that conclusion to issue a complaint settlement decision for each person or issue a decision on complaint settlement for each person. complaint settlement decision together with the list of complainants
The decision on complaint settlement in Vietnam must be announced on the mass media at least 02 times in a row?
What does the second complaint settlement in Vietnam decision include?
Pursuant to Article 40 The Law on Complaints 2011 provides for the second-time complaint settlement in Vietnam decision, including:
- The second-time complaint settler must issue a complaint settlement decision.
- The second-time complaint settlement decision must contain the following details:
+ Date of issuance of the decision;
+ Name and address of the complainant and the complainant;
+ Complaint content;
+ Complaint settlement results of the first-time complaint settler;
+ Result of verification of complaint contents;
+ Dialogue results;
+ Legal grounds for complaint settlement;
+ Concluding that the complaint content is true, partially correct or completely wrong. In case the complaint is true or partially correct, request the person whose administrative decision or act is complained about to amend, cancel part or the whole of the administrative decision, and terminate the complained administrative act. complaint. In case it is concluded that the complaint contents are completely false, to request the complainant and persons with related rights and obligations to strictly implement the administrative decision or administrative act;
+ Compensation for damage sufferers (if any);
+ Right to initiate an administrative case at the Court
complaint settlement in Vietnam decision must be publicized on mass media at least twice?
According to Article 24 Circular 23/2022/TT-BCA stipulating the competence, order and procedures for settling complaints in the People's Public Security Department promulgated by the Minister of Public Security on publicizing the complaint settlement in Vietnam decision:
Within 15 working days from the date of issuance of the complaint settlement decision, the complaint settler shall publicize the complaint settlement decision in one of the following forms: where the complainant works. Participants specified in Clause 2, Article 10 of this Circular; Before conducting publicity, the complaint settler must give a written notice 03 working days in advance;
+ Posting at the head office or citizen reception of the agency or unit that has settled the complaint. The time to post up the complaint settlement decision is at least 15 days from the date of posting;
+ Announcement on the mass media
- The announcement of the complaint settlement decision on the mass media including audio, video, print and electronic newspapers. The complaint settler chooses one of the mass media to make the announcement. In case the complaint settler's agency or unit has an electronic portal or website, it must be published on the portal or website. Number of times of announcement in audio and video newspapers at least 02 times; on the printed newspaper at least 02 consecutive issues. Time to publish on electronic newspapers, portals or websites is at least 15 consecutive days.
- Failing to make publicity as prescribed at Points b and c, Clause 1 of this Article for complaint settlement decisions with contents on the list of state secrets or other regulations of the Ministry of Public Security.
Thus, the number of times of announcing the complaint settlement decision in audio and video newspapers is at least 02 broadcasts; on the printed newspaper at least 02 consecutive issues. Time to publish on electronic newspapers, portals or websites is at least 15 consecutive days.
Circular 23/2022/TT-BCA takes effect from June 30, 2022.
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