Can the elderly authorize their children to make a complaint in Vietnam?

Can the elderly authorize their children to make a complaint in Vietnam?

Pursuant to Clause 1 Article 12 of the Law on Complaint in 2011, a complainant has the following rights:

a/ To make a complaint by him/herself.

In case the complainant is a minor or has lost, his/her civil act capacity, his/her representative at law may implement a complaint.

In case the complainant is ill or old and weak or has a physical defect or encounters an objective circumstance which causes him/her unable to implement a complaint, he/she may authorize his/her parent, spouse, blood sibling or adult child or another person with full civil act capacity to implement a complaint;

b/ To ask a legal counsel or authorize a lawyer to make a complaint to protect his/her rights and lawful interests.

In case the complainant is eligible for legal aid as specified by law, he/she is entitled to ask a legal aid officer to provide legal consultancy or authorize a legal aid officer to make a complaint to protect his/her rights and lawful interests;

c/ To participate in dialogs or authorize a lawful representative to do so;

d/ To be entitled to know, read, photocopy or copy documents and evidences collected by the complaint settler for settling his/her complaint, except information and documents involving state secrets;

dd/ To request relevant persons, agencies and organizations that are preserving or managing information and documents related to his/her complaint contents to provide such information and documents within 07 days after being requested for submission to the complaint settler, except information and documents falling in state secrets;

e/ To request the complaint settler to apply urgent measures to prevent possible consequences of the execution of the complained administrative decision;

g/ To show evidences of the complaint and make explanation on his/her opinions for these evidences;

h/ To receive a written reply on the acceptance of the complaint for settlement, to receive the complaint settlement decision;

i/ To have his/her infringed rights and lawful interests restored; to receive damage compensations in accordance with law;

k/ To make a second-time complaint or institute an administrative case at court in accordance with the Law on Administrative Procedures;

l/ To withdraw his/her complaint.

As regulations above, your father may authorize his children to make a complaint in Vietnam. The complainant must be mature person and has full civil act capacity.

Can the elderly authorize their children to make a complaint in Vietnam? - Image from Internet

What are obligations of a complainant in Vietnam?

Pursuant to Clause 2 Article 12 of the Law on Complaint in 2011, a complainant has the following obligations:

a/ To make a complaint with the right person who is competent to settlement;

b/ To honestly present the matter and show evidences of the correctness and reasonability of the complaint; to provide relevant information and documents to the complaint settler; to take responsibility before law for the presented contents and provided information and documents:

c/ To abide by the administrative decision or act about which he/she makes a complaint pending the complaint settlement, unless such decision or act is suspended from execution as prescribed in Article 35 of this Law;

d/ To strictly abide by the legally effective complaint settlement decision.

Above are obligations of a complainant in Vietnam.

Best regards!