Vietnam: 03 responsibilities of the complainee in enforcement of legally-effective complaint-handling decision

According to Article 32 of the Decree No. 124/2020/NĐ-CP of Vietnam’s Government, based on the legally-effective complaint-handling decision, the complainee shall facilitate the enforcement of the legally-effective complaint-handling decision. To be specific:

- Where the complaint-handling decision requires amendment or annulment of any or all of the administrative decision, the complainee shall issue a new decision to replace or amend the administrative decision complained of; take appropriate measures in order to restore the lawful rights and interests infringed of the complainant and relevant persons.

- Where the complaint-handling decision concludes that the administrative decision complained of was legally made, the complainant must abide by that administrative decision. If the complainant fails to abide by the said administrative decision, the competent person shall enforce the complainee to follow that administrative decision. Power and procedures for enforcement of the administrative decision shall conform to regulations and law on enforcement of administrative decisions. The competent enforcing person shall plan the enforcement in an effective and feasible manner; place an emphasis on convincing the complainant to voluntarily follow that administrative decision prior to adoption of any coercive measures; and cooperate with organizations and unions in the enforcement.

- Where the complaint-handling decision concludes that the administrative action complained of was legally performed, the complainant must abide by that administrative action. Where the complaint-handling decision concludes that the administrative action complained of was illegally performed, the complainee must stop that administrative action.

The complainee must report the competent authorities on the implementation of the legally-effective complaint-handling decision.

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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