Decree 124: Jurisdiction over complaints in a public sector entity in Vietnam

According to the Decree No. 124/2020/NĐ-CP of Vietnam’s Government, complaint against an administrative decision or action in the public sector entity means that the complainant may, under the Law on Complaints of Vietnam and this Decree, request the public sector entity or competent person in the public sector entity to review an administration decision or action if it finds just cause to determine that the administration decision or action is unlawful and directly infringes their lawful rights and interests. Thus, jurisdiction over complaints in a public sector entity is as follows:

- The head of the public sector entity has jurisdiction over the first complaint against his/her administrative decisions or actions or those of officers under his/her management.

- The head of the immediate superior public sector entity has jurisdiction over the second complaint against administrative decisions or actions made by the head of the inferior public sector entity in case the complainant is still not satisfied with the first complaint-handling decision or the first complaint remains unresolved during the statutory time limit. If a public sector entity has no immediate superior public sector entity, the head of the regulatory agency that oversees that public sector entity shall have jurisdiction over the second complaint.

- In case of a complaint against administrative decision or action of the public sector entity established by the Prime Minister, the Minister or Head of ministerial-level agency shall be the second complaint-handling person.

View more details at the Decree No. 124/2020/NĐ-CP of Vietnam’s Government effective from December 10, 2020, replacing Decree No. 75/2012/NĐ-CP.

Ty Na

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