Circular 12: Handling complaints in cases where the complainant withdraws the complaint in Vietnam

Circular 12: Handling complaints in cases where the complainant withdraws the complaint in Vietnam​ (Illustrative image)

Article 6 of Circular 12/2015/TT-BCA stipulates handling complaints in cases where the complainant withdraws the complaint as follows:

1. In cases where the complainant requests to withdraw the content of the complaint and it is deemed that the withdrawal is justified, the complaint handler shall issue a decision to suspend and not consider or resolve the complaint. The withdrawal of the complaint in the above case is only considered at the time before the competent person's decision to accept and resolve the complaint. If it is deemed that the illegal act has not been discovered and handled, the complaint handler shall still review and resolve it according to the law.

2. In cases where there is a basis to believe that the withdrawal of the complaint is due to the complainant being threatened or coerced, the complaint handler shall apply protective measures to protect the complainant, strictly handle those who threaten or coerce the complainant, and concurrently shall review and resolve the complaint according to the law.

3. In cases where the complainant requests to withdraw the content of the complaint to conceal illegal acts, evade responsibility, or for profiteering purposes, the complaint handler shall still review and resolve the complaint; concurrently shall consider and handle the act of withdrawing the complaint by the complainant based on the nature and extent of the violation according to the law.

Details can be found in Circular 12/2015/TT-BCA, effective from April 20, 2015.

Ty Na

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