Vietnam’s Decree 124: Issuance, sending and disclosure of complaint-handling decision

According to Article 29 of the Decree No. 124/2020/NĐ-CP of Vietnam’s Government, pursuant to regulations and laws, verification result, and dialogue result (if any), the complaint-handling person shall issue a complaint-handling decision following the provisions below:

1. The first complaint-handling decision about the administrative decision or action shall conform to provisions under Article 31 of the Law on Complaints of Vietnam; the second complaint-handling decision shall conform to Article 40 of the Law on Complaints of Vietnam.

The complaint-handling decision must specify requirements for acceptance of complaint; name and address of the complainant, the complainee; complaint details, reasons for complaint, requests of the complainant; previous complaint-handling decision (if any); verification result; bases for conclusion that whether the complaining matter is totally right, totally wrong, or partially right; decision to sustain or wholly reverse or partially amend the administrative decision complained of or stop the administrative action complained of (for the first complaint-handling decision); or request the maker of administrative decision or action complained of to, wholly or partially, amend or terminate the administrative decision, or stop the administrative action (for the second complaint-handling decision); restitution to the aggrieved party (if any) and resolution of other issues; the right to file the second complaint, the right to bring an administrative lawsuit to the court.

2. The first complaint-handling decision about the disciplinary decision against the official shall conform to provisions under Article 54 of the Law on Complaints of Vietnam; the second complaint-handling decision about the disciplinary decision against official shall conform to Article 56 of the Law on Complaints of Vietnam.

The complaint-handling decision must specify name and address of the complainant, the complainee; complaint details, reasons for complaint, verification result, dialogue result; legal bases for complaint handling; conclusion about the complaint; decision to sustain, amend or wholly reverse or partially amend the disciplinary decision against official complained of (for the first complaint-handling decision); or conclusion regarding every matter in the complaint and the first complaint-handling decision (for the second complaint-handling decision); restitution to the aggrieved party (if any) and resolution of other issues; the right to file the second complaint, the right to bring an administrative lawsuit to the court.

3. The first complaint-handling decision is made in accordance with Form No. 15, the second complaint-handling decision is made in accordance with Form No. 16 appended to Decree No. 124/2020/NĐ-CP.

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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