Who has the competence to settle complaints against decisions and acts of judges in civil procedures in Vietnam?
Who has the competence to settle complaints against decisions and acts of judges in civil procedures in Vietnam?
Pursuant to Article 504 of the 2015 Civil Procedure Code of Vietnam stipulating as follows:
Competence resolution of complaints against decisions/acts of proceeding officers
1. Complaints against decisions/acts of proceeding officers being Judges, Deputy-Chief Justices, Ombudspersons, Court clerks or People’s Jurors shall be settled by the competent Chief Justices of Courts being in charge of such civil cases.
Complaints against procedural decisions/acts of Chief Justices of Courts shall be settled by the competent Chief Justices of the immediately superior courts.
2. Complaints against decisions/acts of proceeding officers being procurators, inspectors, deputy chairpersons of procuracies shall be settled by the chairpersons of the procuracies.
Complaints against procedural decisions/acts of chairpersons of procuracies shall be settled by competent chairpersons of the immediately superior procuracies.
3. Complaints against the first complaint-resolving decisions of the Chief Justices or the Chairpersons of procuracies provided for in clauses 1 and 2 of this Article shall be settled by the Chief Justices/Chairpersons of the immediately superior courts/procuracies.
Thus, when an agency, organization or individual complains about a judge's decision or act in a civil procedure, the Chief Justices of Courts being in charge of such civil cases will be the person competent to settle the complaint.
Who has the competence to settle complaints against decisions and acts of judges in civil procedures in Vietnam? (Image from the Internet)
What are the contents of decisions on first complaint resolution in civil procedures in Vietnam?
Pursuant to Article 506 of the 2015 Civil Procedure Code of Vietnam stipulating as follows:
Contents of decisions on first complaint resolution
1. Persons who resolve complaints for the first time must issue written decisions on resolution of the complaints. A decision on resolution of a complaint shall include the following information:
a) Date of issuing the decision;
b) Name and address of the complainant and the complained person;
c) Complained matters;
d) Result of the verification of the complained matters;
dd) Legal grounds for resolution of the complaint;
e) Decision on first complaint resolution.
2. First complaint-resolving decisions must be sent to the complainants and relevant individuals, agencies and organizations. If the decisions are issued by the Chief Justices of the courts, they must be sent to procuracies of the same levels.
According to the above provisions, the decisions on first complaint resolution in civil procedures will have the following mandatory contents:
- Date of issuing the decision;
- Name and address of the complainant and the complained person;
- Complained matters;
- Result of the verification of the complained matters;
- Legal grounds for resolution of the complaint;
- Decision on first complaint resolution.
What are the procedures for second complaint resolution in civil procedures in Vietnam?
Pursuant to Article 507 of the 2015 Civil Procedure Code of Vietnam stipulating as follows:
Procedures for second complaint resolution
1. Within 05 working days from the day on which the first complaint-resolving decisions are received, if the complainants disagree with such decisions, they may file complaints with competent persons for second complaint resolution.
2. The complaint petitions must be enclosed with copies of first complaint-resolving decisions and accompanying materials.
A written complaint petition must clearly state the date; full name and address of the complainant; complaint contents and reasons for the complaint; signature or fingerprints of the complainant.
3. A second complaint-resolving decision must include the following information:
a) Information specified in points a, b, c, d and dd clause 1 Article 506 of this Code;
b) Result of the first complaint resolution;
c) Conclusions about specific matters in the complaint petition and the resolution of the second complaint-resolving persons.
4. Second complaint-resolving decisions must be sent to the complainants and relevant individuals, agencies and organizations. If the decisions are issued by the Chief Justices of the courts, they must be sent to procuracies of the same levels.
5. Second complaint-resolving decisions shall be effective.
Thus, within 05 working days from the day on which the first complaint-resolving decisions are received, if the complainants disagree with such decisions, they may file complaints with competent persons for second complaint resolution.
A second complaint-resolving decision must include the following information:
- Date of issuing the decision;
- Name and address of the complainant and the complained person;
- Complained matters;
- Result of the verification of the complained matters;
- Legal grounds for resolution of the complaint;
- Result of the first complaint resolution;
- Conclusions about specific matters in the complaint petition and the resolution of the second complaint-resolving persons.
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