What contents must be included in a written complaint in Vietnam?

What contents must be included in a written complaint in Vietnam?

Pursuant to Clause 2, Article 8 of the Law on Complaints in 2011 stipulating forms of complaint in Vietnam as follows:

1. Complaints may be made in written or verbal form.

2. In case complaints are made in written form, the written complaint must clearly:

- indicate the date of complaint;

- the full name and address of the complainant;

- the name and address of the complained agencies, organizations or individuals;

- contents of and reason for the complaint;

- documents related to complaint contents and the request of the complainant for settlement.

- The written complaint must be signed or fingerprinted by the complainant.

3. In case the complainant makes a verbal complaint, the complaint recipient shall guide the complainant in making a written complaint or record in writing the complaint and request the complainant to sign or fingerprint in such record for confirmation, which clearly writes the contents specified in clause 2 of this Article.

Above are the contents that must be included in a written complaint to complain about the Chairman of the Commune People's Committee.

Which complaints are not eligible to be accepted for settlement in Vietnam?

Pursuant to Article 11 of the Law on Complaints in 2011 stipulating as follows:

A complaint falling into one of the following cases is not accepted for settlement:

1. It is about an administrative decision or act within a state agency for directing and organizing the performance of tasks and official duties; an administrative decision or act related to direction and administration by an administrative agency toward its subordinate administrative agency; an administrative decision containing legal rules issued by competent agencies, organizations or persons according to the order and procedures prescribed in law on promulgation of legal documents; an administrative decision or act involving a state secret in the field of defense, security or foreign affairs as listed by the Government;

2. It is about an administrative decision or act not directly related to the rights and lawful interests of the complainant;

3. The complainant has no full civil act capacity and no a lawful representative;

4. The complaint is implemented by an unlawful representative;

5. There is no signature or fingerprint of complainant in the written complaint;

6. The statute of limitations or time limit for making a complaint has expired but the complainant has no legitimate reason;

7. A second-time complaint settlement decision has been issued;

8. There is a written notice of suspension of the complaint settlement and the complainant does not continue making complaint during 30 days after the issuance of such notice;

9. It has been accepted by a court for settlement or has been settled under a court judgment or decision other than a court’s decision on suspension of the settlement of an administrative case

Best regards!