Vietnam: Matters to be reviewed of administrative decision or action, disciplinary decision against official

According to Article 17 of the Decree No. 124/2020/NĐ-CP of Vietnam’s Government, following the acceptance of a complaint, the first complaint-handling person shall review the administrative decision or action complained of. In case of a complaint against the disciplinary decision against official, the complaint-handling person shall personally review or assign a responsibility to review that disciplinary decision against the official. Matters to be reviewed include:

- Legal bases for issuance of the administrative decision or performance of the administrative action, or issuance of the disciplinary decision against official;

- The authority for issuance of the administrative decision or performance of the administrative action, or issuance of the disciplinary decision against official;

- Contents of the administrative decision or performance of the administrative action, or issuance of the disciplinary decision against official;

- Procedures for issuance, layout and format of the administrative decision or disciplinary decision against official;

- Others (if any).

Following the review, if the complaint is deemed right, the first complaint-handling person shall make a complaint-handling decision as quickly as possible. If the complaint-handling person does not find just cause to reach a conclusion about the complaint, he/she shall proceed the verification. In case of a complaint against a disciplinary decision against official, if the complaint is well founded, the complaint-handling person shall request the official discipline committee to propose the competent person to handle the complaint.

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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