Complaints, settlement of complaint in the public service providing units, state-owned enterprises in Vietnam

Complaints, settlement of complaint in the public service providing units, state-owned enterprises in Vietnam (Internet image)

Specifically, Article 3 of Decree 75/2012/ND-CP stipulates that complaint against administrative decisions, administrative acts in the public service providing units, state-owned enterprises is the one that citizens, agencies, organizations, public servants, workers in the public service providing units, state-owned enterprises (hereinafter referred to as the complainant) in accordance with the procedures set out in the Complaint Law and this Decree propose the public service providing units, state-owned enterprises, those who are competent in the units, enterprises to review their administrative decisions, administrative acts when there are grounds to assume that those decisions, acts are unlawful, infringe their legitimate rights and interests.

The heads of the public service providing units, the legal representatives of the state-owned enterprises have jurisdiction for first settlement of complaints for their administrative decisions, administrative acts, of officials, public servants, employees under their direct management.

The heads of the superior public service providing units have jurisdiction for second settlement of complaints for their administrative decisions, administrative acts which the heads of public service providing units settled in accordance with provisions of Clause 2 of this Article but they still have been complained; for public service providing units having no the superior public service providing units, the heads of state agencies managing the public service providing units shall have jurisdiction for second settlement of complaints.

Complaints against: administrative decisions, administrative acts of public service providing units decided to establish by the Prime Minister, ministers, heads of ministerial-level agencies of state management on branches, sectors are the one who are competent for second settlement of complaints.

The legal representatives of the superior State-owned enterprises are competent for second settlement of complaints for administrative decisions, administrative acts that the legal representatives of subordinate state-owned enterprises firstly settled but they still have been complained.

For state-owned enterprises decided to establish by the Ministers, Chairmen of the provincial-level People's Committees, the ministers, Chairmen of provincial-level People's Committees are competent for second settlement of complaints.

For state-owned enterprises decided to establish by the Prime Minister, the ministers, heads of ministerial-level agencies of state management in the major business lines of the enterprises are competent for second settlement of complaints.

Note: The rights and obligations of the complainants, the complained being persons, the complaint settling persons, the prescription for claims, the time limit for settling complaints, order and procedures for settling complaints against administrative decisions, administrative acts in the public service providing units, state-owned enterprises shall comply with the provisions of the Law on Complaints and this Decree.

More details can be found in Decree 75/2012/ND-CP, which comes into force from November 20, 2012.

Le Vy

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