Procedure for making case files on complaint settlement in Vietnam from August 15, 2024

Procedure for making case files on complaint settlement in Vietnam from August 15, 2024​ (Image from Internet)

On July 1, 2024, the Inspector General of the Government of Vietnam issued Circular 06/2024/TT-TTCP on making, managing of case files on inspection, complaint settlement, and denunciation settlement.

1. Procedure for making case files on complaint settlement in Vietnam from August 15, 2024

According to the provisions of Article 14 of Circular 06/2024/TT-TTCP, the procedure for making case files on complaint settlement is as follows:

- Opening the dossier

+ The dossier is opened from the date the competent authority issues the decision to accept the complaint;

+ Based on the decision to accept the complaint, the person assigned to compile the dossier opens and updates initial information about the dossier.

- Collecting and updating documents, materials into the dossier

+ The person assigned to compile the dossier is responsible for collecting and updating documents, materials during the process of resolving complaints into the opened dossier, ensuring the accuracy, integrity, systematic organization, and completeness of the dossier;

+ Documents in the dossier must be arranged into groups regulated in Article 15 of Circular 06/2024/TT-TTCP.

- Closing the dossier

+ The dossier is closed on the final day of publicizing the conclusion of the complaint content, the competent authority's notification of the complaint resolution results to the complainant, and the public announcement of the decision handling the reported violations (if any);

+ The person assigned to compile the dossier is responsible for reviewing all documents, materials in the dossier; removing duplicates and drafts from the dossier; amending titles, numbers, and symbols of the dossier accordingly; completing and closing the dossier.

2. Requirements for making and managing case files on complaint settlement in Vietnam from August 15, 2024

The requirements for making and managing case files on inspection, complaint settlement, and denunciation settlement in Vietnam are stipulated in Article 3 of Circular 06/2024/TT-TTCP as follows:

- The compilation and management of dossiers must accord with the functions, duties of the agencies, organizations, units, individuals, and comply with legal regulations on archive, inspection, complaint, and denunciation.

- Documents and materials in the dossier must be complete, accurate, legally valid, closely related to each other, and should accurately reflect the sequence and progression of events, inspection, complaint resolution, and denunciation resolution procedures.

- Documents and materials in the dossier must be original or legal copies according to the law.

- The compilation, management, and exploitation of inspection dossiers, complaint resolution dossiers, and denunciation resolution dossiers containing state secret contents must be performed in accordance with the legal regulations on the protection of state secrets.

3. Guidelines for handling violations in making and managing case files on complaint settlement in Vietnam from August 15, 2024

According to the provisions of Article 20 of Circular 06/2024/TT-TTCP, the person issuing the inspection decision, the person resolving complaints, the person resolving denunciations, the Head of the inspection team, the Head of the agency, organization, unit, the individual presiding over the verification of complaint and denunciation contents, the person assigned to compile the dossier, and related agencies, organizations, individuals, depending on the nature and extent of the violation, will be disciplined or prosecuted for criminal liability, and in cases causing damage must compensate in accordance with the laws for the following actions:

- Appropriating, damaging, losing dossiers, materials.

- Forging, modifying, falsifying the content of dossiers, materials.

- Illegally buying, transferring, destroying dossiers, materials.

- Using archived dossiers, materials for purposes infringing on the interests of the state, legal rights, and interests of agencies, organizations, individuals.

- Illegally bringing archived dossiers, materials abroad.

Read more Circular 06/2024/TT-TTCP which comes into force in Vietnam from August 15, 2024.

Vo Tan Dai

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