Vietnam: Dialogue must be organized in the second complaint-handling process

According to the Decree No. 124/2020/NĐ-CP of Vietnam’s Government, during the second complaint-handling process, the complaint-handling person must hold a dialogue.

- If the complaint-handling person is the President of the People's Committee of district, Director of department of province or equivalent, he/she must have a dialogue with the complainant.

- If the complaint-handling person is the Minister, Head of ministerial-level agency, or the President of People’s Committee of province, he/she must engage in a dialogue of a delicate complaint (the complaint by multiple complainants, receiving different opinions from competent authorities about the measure at issue, the complainant shows harsh attitude, the public is concerned about the case, the case affects political security and social peace).

In other cases, the complaint-handling person may designate his/her deputy or the head of specialized agency at the same level or the head of affiliated entity designated the verification duty to engage in a dialogue with the complainant. During the dialogue, the designated person must promptly report to the complaint-handling person on complicated issues going beyond their competence; and report the dialogue result and be held accountable for that report.

The dialogue must be recorded in minutes, with specific time, place, attendants (clearly state who are present and absent; if the complainant does not attend the dialogue, stating absence with or without reasons), contents, opinions of attendants, matters mutually agreed, issues that remain controversial and signatures of concerned parties. The minutes shall be made in at least three copies, each party shall keep one copy.

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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