Vietnam: Disciplinary actions against the complaint-handling person

17:58, 23/10/2020

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

Xử lý kỷ luật đối với người có thẩm quyền giải quyết khiếu nại, Nghị định 124/2020/NĐ-CP

According to Article 41 of the Decree No. 124/2020/NĐ-CP of Vietnam’s Government, the reprimand shall be imposed on the complaint-handling person if he/she:

- Harass, impede, cause prejudice or troublesome to the complainant, the spokeperson or the complainee.

- Cover up the erring complainee.

- Threat to retaliate or victimize the complainant, the spokeperson or the complainee.

Concurrently, the warning shall be imposed on the complaint-handling person if he/she:

- Deliberately refuse the complaint notwithstanding he/she has the jurisdiction over that complaining matter.

- Deliberately ignore evidence and overlook the information and documentation or falsify the case file.

- Deliberate failure to issue a complaint-handling decision.

The dismissal shall be imposed on the complaint-handling person if he/she:

- Commit serious violation during complaint-handling procedures which causes serious insecurity or any death.

- Deliberately issue an illegal complaint-handling decision which causes serious insecurity or any death.

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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