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? What are responsibilities of the complaint-handling person in enforcement of complaint-handling decision in Vietnam?
Hello, I have a complaint about an administrative decision of a state agency and have been informed that a decision has been made to resolve the complaint, but so far have not seen them make the decision disclosure. So how long does it take to make the disclosure of complaint-handling decision? Please advise.
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!
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