When to file a complaint in Vietnam? How should the complaint be written in Vietnam?

When to file a complaint in Vietnam? How should the complaint be written in Vietnam?
Diễm My

Complaining is a citizen's right enshrined in the Constitution. When can a person file a complaint and how should it be written in Vietnam?

When to file a complaint in Vietnam? How should the complaint be written in Vietnam? (Illustration)

1. When to file a complaint in Vietnam?

Clause 1, Article 1 of the 2011 Law on Complaints in Vietnam states as follows:

A complaint means a citizen, agency, organization or officials according to the procedures prescribed by the Complaint Law , requesting a competent agency, organization or individual to review an administrative decision or act of a state administrative agency or a competent person in a state administrative agency or decide to discipline a official when having grounds to believe that such decision or act is unlawful or infringes upon his/her lawful rights and interests.

In which:

- An administrative decision is a document issued by a administration authourity or a competent person in a administration authourity  to decide on a specific issue in state administrative management activities which is applied once to one or several specific subjects.

- An administrative act is an act of a administration authourity or of a competent person in the administration authourity that performs or fails to perform his/her duties or official duties in accordance with law in Vietnam.

- Disciplinary decision means a written decision of the head of an agency or organization to apply one of the disciplinary measures to cadres and civil servants under its management in accordance with the law on officials.

Therefore, when there are pursuances to believe that an administrative decision or an administrative act or decision disciplining an official of a administration authourity or a competent person in a administration authourity is unlawful or infringes upon his/her lawful rights and interests, the people have the right to complain.

2. Is it required to file a complaint in Vietnam?

Clause 1 Article 8 of the Law on Complaints 2011 in Vietnam stipulates that there are two forms of complaints:

- Making an official complaint;

- Direct complaint.

Thus, in case of making an official complaint, it is mandatory to submit a phýical complaint form, and in case of direct complaint, it is not necessary to submit a phýical complaint form.

3. How should the complaint be written in Vietnam?

In case the complaint is made by the application, the complaint must specify the following contents:

- Date of complaint;

- Name and address of the complainant;

- Name and address of the complained authority, organization or individual;

- Contents, reasons for complaints, documents related to the complaint contents;

- Request for settlement by the complainant.

The complaint must be signed by the complainant.

(Caluse 2, Article 8 of the 2011 Law on Complaints)

Diem My

 

 



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