Distinction Between Complaints and Denunciations in Vietnam

Complaints and denunciations are two legal terms widely used in daily life. However, many people still confuse these two terms, although they are entirely different.

Below is a comparative table that helps clearly distinguish between the two concepts of complaints and denunciations:

Criteria Complaint
(Law on Complaints 2011)
Denunciation
(Law on Denunciations 2011)
Subject Conducting the Action
  • Individual;
  • Agencies, organizations;
  • Officials, public employees.
Individual
Object
  • Administrative decisions;
  • Administrative acts of state administrative agencies, persons with authority in state administrative agencies;
  • Disciplinary decisions on officials, public employees.
Unlawful acts of any agencies, organizations, or individuals causing damage or threatening to cause damage to the State's interests, lawful rights and interests of citizens, agencies, and organizations.
Information Requirements No regulation requiring the complainant to be responsible if the information is not truthful The denouncer must be honest and bear responsibility for the content of the denunciation; if they intentionally make false accusations, they may be prosecuted for the crime of slander, false denunciation.
Implementation Duration 90 days from the date of receipt of the administrative decision or knowing the administrative decision, administrative act.

15 days from the date officials and public employees receive the disciplinary decision for the first complaint
No regulation on duration
Resolution Result The resolution decision must be sent to the complainant to address their concerns about the content they complained about. The handling of denunciations is only sent to the denouncer upon request.
Cases Not Accepted No specific regulation
  • Denunciation of cases that have been resolved but the denouncer does not provide new information or details;
  • Denunciation of cases where the content and information provided by the denouncer do not have a basis to identify the violator, the unlawful act;
  • Denunciation of cases where the authorized person to resolve the denunciation does not have the conditions to check, verify the unlawful act, the violator.
Legal Consequences Arising When Withdrawing the Petition The state agency ceases resolution The state agency does not cease handling.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

0 lượt xem



  • Address: 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
    Phone: (028) 7302 2286
    E-mail: info@lawnet.vn
Parent company: THU VIEN PHAP LUAT Ltd.
Editorial Director: Mr. Bui Tuong Vu - Tel. 028 3935 2079
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;