Rules for actions against violations in enforcing legally-effective complaint-handling decision in Vietnam

17:42, 23/10/2020

On October 19, 2020, the Government of Vietnam issued the Decree No. 124/2020/NĐ-CP on guidelines for certain articles and implementation of the Law on Complaints.

Nguyên tắc xử lý hành vi vi phạm trong thi hành quyết định giải quyết khiếu nại, Nghị định 124/2020/NĐ-CP

Specifically, according to Article 39 of the Decree No. 124/2020/NĐ-CP of Vietnam’s Government, if the complaint-handling person, verifying person, or enforcing person of the legally-effective complaint-handling decision commits any violation of law, depending on nature and severity of the violation, the wrongdoer may be disciplined as prescribed in Articles 40, 41 and 42 of this Decree. Disciplinary actions include reprimand, warning, downgrade of pay step, demotion, or dismissal. If the violation shows signs of offense, the wrongdoer will face a criminal prosecution; if the damage is caused, the wrongdoer must pay restitution or reimbursement as per the law.

The rules, power, procedures and other issues related to the disciplinary action against the complaint-handling person, verifying person or enforcing person who commits the violation not stipulated in this Decree shall comply with the law on disciplinary actions against officials and public employees.

If the complainant or any relevant entity commits a violation, depending on nature and severity of the violation, they shall face an administrative penalty or a criminal prosecution; if the damage is caused, the wrongdoer must pay restitution as per the law.

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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