What is the complaint form? What is the order for making a complaint in Vietnam?
How many forms of complaints in Vietnam are there?
Pursuant to Article 8 of the 2011 Law on Complaints in Vietnam on the forms of complaints as follows:
Forms of complaints in Vietnam
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.
3. In case the complainant makes a verbal complaint, the complaint recipient shall guide the complainant in making a written complaint or record in writing the complaint and request the complainant to sign or fingerprint in such record for confirmation, which clearly writes the contents specified in clause 2 of this Article.
Thus, at present, there are two forms of complaint according to regulations: in written or verbal form.
What is the complaint form? What is the order for making a complaint in Vietnam?
What is the order for making a complaint in Vietnam?
Pursuant to the provisions of Article 7 of the 2011 Law on Complaints in Vietnam, the order of making a complaint is prescribed as follows:
Order of making a complaint
1. 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.
2. 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.
3. 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.
Thus, 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.
Thus, the complaint order is prescribed for the first-time complainant, the complainant disagrees with the first-time complaint settlement decision and initiates a criminal case at the Court.
What is the complaint form?
Pursuant to the provisions of form No. 01 of the Appendix attached to Decree No. 124/2020/ND-CP, the complaint form must include the following contents:
Download the complaint form: Click here
Note how to write the complaint form as follows:
- Name of the agency, organization or individual competent to settle complaints.
- Full name and address of the complainant:
+ If he is the representative of the agency or organization making the complaint, clearly state the title and name of the agency or organization that he is represented;
+ If the person is authorized to make a complaint, specify the authorized agency, organization or individual.
- If the complainant does not have an ID card/Passport/Citizen identification card, write the information according to the identification document.
- Name and address of the complained agency, organization or individual.
- Complaint about administrative decisions or acts (specify the first or second complaint).
- Write a summary of the complaint; clearly state the basis of the complaint; claim settlement.
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