Authority to resolve complaints, petitions, and protests against decisions on sending children from 12 years old to under 18 years old to drug treatment facilities in Vietnam

What is authority to resolve complaints, petitions, and protests against decisions on sending children from 12 years old to under 18 years old to drug treatment facilities in Vietnam?

Pursuant to Article 41 of Ordinance 01/2022/UBTVQH15 stipulating authority of Judges to resolve complaints, petitions, and protests to decide on sending people from full 12 years old to under 18 years old to drug treatment facilities as follows:

1. Do not accept complaints, petitions or protests; uphold the decision of the District People's Court.

2. Partially accept complaints, recommendations, and protests; Amend the decision of the District People's Court on the time limit for sending to a compulsory detoxification facility.

3. Cancel the decision of the District People's Court not to send them to compulsory detoxification facilities; Return the dossier to the district-level People's Court for consideration and resolution according to the provisions of this Ordinance.

4. Cancel the decision of the District People's Court, suspend the consideration and decision to send to a compulsory detoxification facility when there is one of the grounds specified in Clause 1, Article 16 of this Ordinance.

5. Cancel the decision to suspend or temporarily suspend the consideration and decision to send to a compulsory detoxification facility when it is deemed that there is no basis specified in Article 16 of this Ordinance; Return the dossier to the district-level People's Court for consideration and resolution according to the provisions of this Ordinance.

6. Cancel the decision of the District People's Court to not accept the postponement or exemption from complying with the decision to send to a mandatory drug detoxification facility and accept the request to postpone or exempt from complying with the decision to send to a drug detoxification facility when there are grounds specified in Article 27 of this Ordinance.

7. Cancel the decision to postpone or exempt the decision to send to a compulsory detoxification facility of the district-level People's Court and force the execution of the decision to send to a compulsory detoxification facility when there is no basis specified in Article 27 of this Ordinance.

8. Cancel the decision to temporarily suspend or exempt from serving the remaining time in the decision to send to a compulsory detoxification facility of the District People's Court when deciding to temporarily suspend or exempt from serving the remaining time in the decision. The decision to send him to a compulsory detoxification facility is not in accordance with the provisions of Article 31 of this Ordinance.

9. Cancel the decision not to accept the request to temporarily suspend or exempt from serving the remaining time in the decision to send to a compulsory detoxification facility and the decision to temporarily suspend or exempt from serving the remaining time in the decision to send to a compulsory detoxification facility when there are grounds specified in Article 31 of this Ordinance.

10. Suspend the resolution of complaints, petitions, and protests when the person making the complaint, petition, or protest withdraws all complaints, petitions, or protests; In this case, the decision of the district People's Court will be effective.

Authority to resolve complaints, petitions, and protests against decisions on sending children from 12 years old to under 18 years old to drug treatment facilities in Vietnam (Image from the Internet)

What is content and effect of the above decisions to resolve complaints, petitions and protests in Vietnam?

Pursuant to Article 42 of Ordinance 01/2022/UBTVQH15, content and effect of the Court's decisions on resolving complaints, petitions and protests above are as follows:

1. The decision to resolve complaints, petitions and protests must have the following main contents:

a) Number, date, month and year of decision;

b) Name of the Court issuing the decision;

c) Full names of Judge and Session Secretary;

d) Full name of the Procurator participating in the meeting;

d) Full name of the complainant;

e) Full name of the Head of the Department of Labor, War Invalids and Social Affairs making the request, full name of the authorized person (if any) or full name of the Director of the recommending compulsory detoxification facility, full name of the person authorized authorization (if any); The Procuracy appealed;

g) Contents of complaints, recommendations and protests;

h) Reasons, grounds and contents of the settlement of complaints, petitions and protests;

i) Effect of the decision;

k) Place to receive decision.

2. The decision to resolve complaints, petitions and protests takes effect immediately.

Within 02 working days from the date of announcement of the decision, the Court must send to the agencies and individuals specified in Article 25 of this Ordinance and the Court that has issued the complained or petitioned decision, protest, Director of compulsory detoxification facility.

3. Decisions to resolve complaints, petitions, protests and documents in the process of considering and resolving complaints, petitions, and protests must be recorded and archived according to the provisions of the Law. 

Best regards!