Legal Counselling

Vietnam: Responsibilities of the complaint-handling person in enforcement of complaint-handling decision

17:33, 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.

trách nhiệm của người giải quyết khiếu nại trong việc thi hành quyết định giải quyết khiếu nại , Nghị định 124/2020/NĐ-CP

Specifically, according to Article 31 of the Decree No. 124/2020/NĐ-CP of Vietnam’s Government, responsibilities of the complaint-handling person in enforcement of legally-effective complaint-handling decision are specified as follows:

No later than 5 business days of the effective date of the complaint-handling decision, within the given tasks and powers, the complaint-handling person shall, at their discretion or under direction of relevant authorities, enforce the legally-effective complaint-handling decision. The written direction must specify responsibilities of the enforcing agency; entities subject to the direction; responsibilities of relevant entities; matters to be enforced and time limit; the report on enforcement to the complaint-handling person.

The complaint-handling person shall, at their discretion or through a designated agency or inspection authority at the same level, supervise and inspect the enforcement of the legally-effective complaint-handling decision. If it is determined that any entity fails to enforce, or improperly or inadequately enforce the legally-effective complaint-handling decision, appropriate measures shall be taken. If any case goes beyond the given jurisdiction, the complaint-handling person shall request competent authorities to deal with that case.

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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