Complainants do not agree with the complaint handling decision, can employees file lawsuits in Vietnam?

1. Complainants do not agree with the complaint handling decision, can employees file lawsuits in Vietnam?

According to Article 10 of Decree 24/2018/ND-CP stipulating rights and duties of complainants, specifically as follows:

1. A complainant shall be entitled to:

a) Lodge a complaint by himself/herself or through an authorized representative;

b) Personally attend or authorize his/her legal representative to attend talks;

c) Access, read or make copies of documents and evidences obtained by the complaint handler during the complaint handling, except information and documents which are classified as state secrets or personal privacy of the complainant as regulated by applicable laws;

d) Request relevant individuals/ authorities/ organizations to provide information and documents concerning the matters of the complaint within 05 working days from the receipt of the complainant's request, and then transfer them to the complaint handler, pay in registration and accuracy, except those classified as state secrets or personal privacy of the complainant as regulated by applicable laws;

dd) Request the complaint handler to adopt emergency measures for preventing unexpected consequences that may arise from the implementation or performance of decision or acts against which the complaint is filed;

e) Provide evidences about the complaint and explanations for such evidences;

g) Reclaim legitimate rights and interests violated because of the implementation or performance of decision or acts against which the complaint is filed;

h) Claim compensation for damage as per the laws;

i) Withdraw the complaint as regulated in Article 8 herein;

k) Make the second-time complaint;

l) Bring the case to the court in accordance with regulations set forth in Clause 2 of this Article.

2. Right to file lawsuits in Court

a) The complainant is entitled to file a lawsuit in the Court in accordance with regulations of the Code of civil procedures in the following circumstances:

- There are grounds for presuming that the decision or acts of the employer, of the organization or individual participating in vocational education, or of the enterprise or state organization providing Vietnamese guest worker program are unlawful and infringe the complainant’s legitimate rights and interests;

- The complainant does not agree with the first-time complaint handling decision as regulated in Article 23 hereof;

- Over the time limit prescribed in Article 20 hereof, the first-time complaint remains unhandled.

b) The complainant is entitled to file a lawsuit in the Court in accordance with regulations of the Code of administrative procedures in the following circumstances:

- The complainant does not agree with the second-time complaint handling decision as regulated in Article 31 hereof;

- Over the time limit prescribed in Article 28 hereof, the second-time complaint remains unhandled.

3. A complainant shall bear the duties to:

a) Follow procedures for filing complaints set forth in this Decree;

b) Present matters in a honest manner, provide evidences about the complaint; provide relevant information and documents for the complaint handler; assume liabilities for his/her presentations and provided information and documents;

c) Obey effective complaint handling decisions.

4. The complainant shall perform other rights and obligations as regulated by laws.

According to this Article, when you do not agree with the second-time complaint handling decision, you can complain to the People's Court in Vietnam in accordance with the provisions of the administrative procedure law.

2. When is effect of a complaint handling decision in Vietnam? 

In Article 34 of Decree 24/2018/ND-CP, the effect of a complaint handling decision, according to which:

1. The first-time complaint handling decision shall come into effect

a) 30 days after the date on which it is made if the complainant does not file the second-time complaint or bring a lawsuit in court as prescribed in Point a Clause 2 Article 10 hereof; or

b) 45 days after the date on which it is made if the complaint arises in a remote and isolated area and the complainant does not file the second-time complaint or bring a lawsuit in court as prescribed in Point a Clause 2 Article 10 hereof.

2. The second-time complaint handling decision shall come into effect

a) 30 days after the date on which it is made if the complainant does not file a lawsuit in court as prescribed in Point b Clause 2 Article 10 hereof or the defendant does not bring a lawsuit in court prescribed in Point dd Clause 1 Article 11 hereof; or

b) 45 days after the date on which it is made if the complaint arises in a remote and isolated area and the complainant does not bring a lawsuit in court as prescribed in Point b Clause 2 Article 10 hereof.

3. The complaint handling decision must be implemented immediately after it comes into effect.

With this regulation, depending on the first or second-time complaint handling decision, the effective time of complaint handling decision is after 30 days and for remote and isolated area is after 45 days in Vietnam.

Best Regards!