Can individuals under 18 years old file complaints by themselves?

1. Can individuals under 18 file a complaint by themselves?

Clause 1 of Article 12 of the 2011 Law on Complaints stipulates that complainants have the following rights:

a) File a complaint by themselves.

In cases where the complainant is a minor, person without legal capacity, the legal representative shall file a complaint on their behalf;

In cases where the complainant is sick, elderly, has physical disabilities, or for other objective reasons cannot file a complaint by themselves, they may authorize their father, mother, spouse, siblings, adult children, or other legally competent persons to file the complaint;

b) Seek legal advice from a lawyer or authorize a lawyer to file a complaint to protect their legal rights and interests.

In cases where the complainant is eligible for legal aid, they may seek legal advice from a legal aid officer or authorize a legal aid officer to file a complaint to protect their legal rights and interests;

c) Participate in dialogues or authorize a legal representative to participate in dialogues;

d) Know, read, make copies and receive documents and evidences collected by the complaint-resolving agency, except for those related to state secrets;

…

Thus, minors cannot file a complaint by themselves, it must be done by their legal representative. Since you are 16 years old, you cannot file a complaint by yourself. Your complaint can be authorized to your father or mother to be filed on your behalf.

2. Complaint authorization form for the year 2022?

According to Form No. 02 Appendix issued together with Decree 124/2020/ND-CP, the complaint authorization form is as follows:

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness---------------

..., … (Month) … (Day), … (Year)…

COMPLAINT AUTHORIZATION

Name of Complainant: ..................................................................................;

Address: .................................................................................................................;

ID Card/Passport/Citizen ID number: ......, date of issue: ........, place of issue: ..........

Name of authorized complainant: ...........................................................

Address: .................................................................................................................;

ID Card/Passport/Citizen ID number: ......................................................, date of issue: ..........................................., place of issue: .........................................................

Content of authorization: ..........................................................................(1)

(During the process of filing the complaint, the authorized person is responsible for carrying out the authorized content correctly).

Above is the latest complaint authorization form for the year 2022.

Sincerely!