What is time limit for complaint-handling person to disclose complaint-handling decision in Vietnam?

What is time limit for complaint-handling person to disclose complaint-handling decision in Vietnam?

Pursuant to Article 29 of Decree 124/2020/ND-CP stipulating issuance, sending and disclosure of complaint-handling decision as follows:

1. Pursuant to regulations and laws, verification result, and dialogue result (if any), the complaint-handling person shall issue a complaint-handling decision following the provisions below:

a) The first complaint-handling decision about the administrative decision or action shall conform to provisions under Article 31 of the Law on Complaints; the second complaint-handling decision shall conform to Article 40 of the Law on Complaints.

The complaint-handling decision must specify requirements for acceptance of complaint; name and address of the complainant, the complainee; complaint details, reasons for complaint, requests of the complainant; previous complaint-handling decision (if any); verification result; bases for conclusion that whether the complaining matter is totally right, totally wrong, or partially right; decision to sustain or wholly reverse or partially amend the administrative decision complained of or stop the administrative action complained of (for the first complaint-handling decision); or request the maker of administrative decision or action complained of to, wholly or partially, amend or terminate the administrative decision, or stop the administrative action (for the second complaint-handling decision); restitution to the aggrieved party (if any) and resolution of other issues; the right to file the second complaint, the right to bring an administrative lawsuit to the court.

b) The first complaint-handling decision about the disciplinary decision against official shall conform to provisions under Article 54 of the Law on Complaints; the second complaint-handling decision about the disciplinary decision against official shall conform to Article 56 of the Law on Complaints.

The complaint-handling decision must specify name and address of the complainant, the complainee; complaint details, reasons for complaint, verification result, dialogue result; legal bases for complaint handling; conclusion about the complaint; decision to sustain, amend or wholly reverse or partially amend the disciplinary decision against official complained of (for the first complaint-handling decision); or conclusion regarding every matter in the complaint and the first complaint-handling decision (for the second complaint-handling decision); restitution to the aggrieved party (if any) and resolution of other issues; the right to file the second complaint, the right to bring an administrative lawsuit to the court.

c) The first complaint-handling decision is made in accordance with Form No. 15, the second complaint-handling decision is made in accordance with Form No. 16 hereto appended.

2. Sending complaint-handling decision:

a) Regarding the complaint-handling decision about administrative decision or action:

Within 3 business days of issuing the first complaint-handling decision, the complaint-handling person shall send the complaint-handling decision to the complainant, the immediate superior of the complaint-handling person, the second complaint-handling person, persons with related rights and obligations; relevant entities.

Within 7 business days of issuing the second complaint-handling decision, the complaint-handling person shall send the complaint-handling decision to the complainant, the complainee, the first complaint-handling person, persons with related rights and obligations; relevant entities.

b) Regarding the complaint-handling decision about disciplinary decision against official:

Within 3 business days of issuing the first complaint-handling decision, the complaint-handling person shall send the complaint-handling decision to the complainant, the complainee, persons with related rights and obligations; relevant entities.

Within 7 business days of issuing the second complaint-handling decision, the complaint-handling person shall send the complaint-handling decision to the complainant, the first complaint-handling person, persons with related rights and obligations; relevant entities. The second complaint-handling decision of Minister, Head of ministerial-level agency, Head of Governmental agency, or the President of People’s Committee of province must be sent to the Inspector-General and Minister of Ministry of Home Affairs.

3. Disclosure of complaint-handling decision:

Within 15 days of issuing the complaint-handling decision, the complaint-handling person shall disclose it in any of the following forms:

a) Disclosing at a meeting of the workplace of the complainant

Attendants: the complaint-handling person, the complainant or representative, the complainee and relevant entities. 3 days before an open meeting, the complaint-handling person shall send notice to relevant entities in advance.

b) Posting up at the head office or place of citizen reception of the complaint-handling body. The posting time of the complaint-handling decision is at least 15 days after the posting date.

c) Announcement by means of mass media

The complaint-handling decision shall be announced by means of mass media, including audio and visual newspapers, print newspapers, or online newspapers. The complaint-handling person shall choose any of the mentioned means of mass media to make the announcement. If the complaint-handling body has a web portal or website, the complaint-handling decision shall be posted on that web portal or website. The complaint-handling decision must be broadcast at least twice on the audio newspaper or visual newspaper; or be posted in at least 2 continuous issues of the print newspaper. The posting time on the online newspaper, web portal or website is at least 15 consecutive days.

Thus, the complaint-handling person is responsible for disclosing the complaint-handling decision within 15 days from the date of issuance of the complaint-handling decision in Vietnam.

What are responsibilities of the complaint-handling person in enforcement of complaint-handling decision in Vietnam?

According to Article 31 of Decree 124/2020/ND-CP stipulating responsibilities of the complaint-handling person in enforcement of legally-effective complaint-handling decision as follows:

1. No later than 5 business days of the effective date of the complaint-handling decision, within the given tasks and powers, the complaint-handling person shall, at their discretion or under direction of relevant authorities, enforce the legally-effective complaint-handling decision.  The written direction must specify responsibilities of the enforcing agency; entities subject to the direction; responsibilities of relevant entities; matters to be enforced and time limit; the report on enforcement to the complaint-handling person.

2. The complaint-handling person shall, at their discretion or through a designated agency or inspection authority at the same level, supervise and inspect the enforcement of the legally-effective complaint-handling decision. If it is determined that any entity fails to enforce, or improperly or inadequately enforce the legally-effective complaint-handling decision, appropriate measures shall be taken. If any case goes beyond the given jurisdiction, the complaint-handling person shall request competent authorities to deal with that case.

According to this Article, complaint-handling persons in enforcement of complaint-handling decision have the responsibilities specified above in Vietnam.

Best Regards!