Does complaint settlement dialogues organization have to be in writing in Vietnam?
Does complaint settlement dialogues organization have to be in writing in Vietnam? Will settlement of a second-time complaint hold second-time dialogues in Vietnam?
I have a complaint about an administrative decision of the commune committee, and a dialogue will be held at the commune committee in the near future. So should the dialogue be made in writing?
Does complaint settlement dialogues organization have to be in writing in Vietnam?
According to Article 30 of the Law on Complaints 2011, the organization of dialogs is as follows:
1. In the course of settlement of a first-time complaint, if the request of the complaint and results of verification of its contents are different, the complaint settler shall organize dialogs with the complainant, the complained subject, persons with related rights and obligations and relevant agencies, organizations and persons to clarify the contents of complaint, the complainant's request and the direction of complaint settlement. Dialogs must be carried out in a public and democratic manner.
2. The complaint settler shall notify in writing the complainant, the complained subject, persons with related rights and obligations and relevant agencies and organizations of the dialog time, place and contents.
3. During a dialog, the complaint settler must clearly state contents subject to the dialog and results of verification of the complaint contents; dialog participants have right to present their opinions and show evidences relating to the complaint and their requests.
4. A dialog must be made in a minutes. Such minutes must clearly record opinions of dialog participants and results, with the signatures or fingerprints of dialog participants. In case a dialog participant refuses to sign or fingerprint in the minutes, the reason therefore must be clearly recorded. This minutes shall be kept in the complaint case file.
5. Dialog results serve as a basis for complaint settlement.
Thus, according to the above provisions, the dialogue must be made in writing and must clearly state contents subject to the dialog and results of verification of the complaint contents in Vietnam.
Will settlement of a second-time complaint hold second-time dialogues in Vietnam?
Pursuant to Article 39 of the Law on Complaints 2011, organization of second-time dialogs is prescribed as follows:
In the course of settlement of a second-time complaint, the complaint settler shall carry out dialogs with the complainant, the complained subject, persons with related rights and obligations and relevant agencies, organizations and persons to clarify complaint contents, the complainant's request and the direction of complaint settlement. Second-time dialogs shall comply with Article 30 of this Law.
According to this Article, when making a second-time complaint, a dialogue must still be held in Vietnam.
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