Which disciplinary actions are against the complaint-handling person in Vietnam?

Which disciplinary actions are against the complaint-handling person in Vietnam?

Pursuant to Article 41 of the Decree 124/2020/ND-CP stipulating disciplinary actions against the complaint-handling person:

Disciplinary actions against the complaint-handling person

1. The reprimand shall be imposed on the complaint-handling person if he/she:

a) Harass, impede, cause prejudice or troublesome to the complainant, the spokeperson or the complainee.

b) Cover up the erring complainee.

c) Threat to retaliate or victimize the complainant, the spokeperson or the complainee.

2. The warning shall be imposed on the complaint-handling person if he/she:

a) Deliberately refuse the complaint notwithstanding he/she has the jurisdiction over that complaining matter.

b) Deliberately ignore evidences and overlook the information and documentation or falsify the case file.

c) Deliberate failure to issue a complaint-handling decision.

3. The dismissal shall be imposed on the complaint-handling person if he/she:

a) Commit serious violation during complaint-handling procedures which causes serious insecurity or any death.

b) Deliberately issue an illegal complaint-handling decision which causes serious insecurity or any death.

As regulated above, the complaint-handling person shall face following disciplinary actions:

1. The reprimand shall be imposed on the complaint-handling person if he/she:

- Harass, impede, cause prejudice or troublesome to the complainant, the spokeperson or the complainee.

- Cover up the erring complainee.

- Threat to retaliate or victimize the complainant, the spokeperson or the complainee.

2. The warning shall be imposed on the complaint-handling person if he/she:

- Deliberately refuse the complaint notwithstanding he/she has the jurisdiction over that complaining matter.

- Deliberately ignore evidences and overlook the information and documentation or falsify the case file.

- Deliberate failure to issue a complaint-handling decision.

3. The dismissal shall be imposed on the complaint-handling person if he/she:

- Commit serious violation during complaint-handling procedures which causes serious insecurity or any death.

- Deliberately issue an illegal complaint-handling decision which causes serious insecurity or any death.

Which disciplinary actions are against the complaint-handling person in Vietnam? - image from internet

What are duties of a person competent to settle a first-time complaint in Vietnam?

Pursuant to Article 29 of the Law on Complaints in 2011 stipulating verification of complaint contents:

Verification of complaint contents

1. Within the time limit specified in Article 28 of this Law, a person competent to settle a first-time complaint has following duties:

a/ Review his/her administrative decision or act or the administrative decision or act of the responsible person who is directly managed by him/her, and if the complaint is correct, he/she will promptly issue a complaint settlement decision;

b/ If having no ground to make conclusions on the complaint contents, he/she will conduct verification by himself/herself before making conclusions on complaint contents, or assign a slate inspectorate of the same level or a responsible agency, organization or person (hereinafter referred to as person responsible for verification) to verify the complaint contents and propose the complaint settlement.

2. The verification must be conducted in an objective, accurate and timely manner through the following forms:

a/ Direct examination and verification at the place arising complaint;

b/ Examination and verification based on documents and evidences provided by the complainant, the complained subject and related agencies, organizations and persons;

c/ Other forms as prescribed by law.

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As regulated above, a person competent to settle a first-time complaint has following duties:

- Review his/her administrative decision or act or the administrative decision or act of the responsible person who is directly managed by him/her, and if the complaint is correct, he/she will promptly issue a complaint settlement decision;

- If having no ground to make conclusions on the complaint contents, he/she will conduct verification by himself/herself before making conclusions on complaint contents, or assign a slate inspectorate of the same level or a responsible agency, organization or person (hereinafter referred to as person responsible for verification) to verify the complaint contents and propose the complaint settlement.

What are duties of a person competent to settle a second-time complaint in Vietnam?

Pursuant to Article 55 of the Law on Complaints in 2011 stipulating settlement of second-time complaints:

- Request the person issuing the complained disciplinary decision against a cadre or civil servant to report on consideration of disciplining and settlement of the complaint of the disciplined person:

- Personally verify and make conclusions on complaint contents or assign a person responsible for verification to do so. The verification of complaint contents must be recorded in writing and reported to the person competent to complaint settlement;

- Assume the prime responsibility for organizing a dialog with the complainant.

Best regards!