Vietnam: The complainant who disagrees with the appeal decision has the right to make a second complaint

According to Article 4 of the Decree No. 124/2020/NĐ-CP of Vietnam’s Government, within 30 days after expiry of complaint-handling time limit as specified in Article 28 of the Law on Complaints, if the first complaint remains unresolved or the complainant, after receiving the decision on first complaint handling, does not feel the complaint has been settled to his/her satisfaction, he/she may file the second complaint to the second complaint-handling person; regarding remote and isolated areas, the time limit may extend but not longer than 45 days.

If making the second complaint, the complainant shall file the second complaint together with the decision on first complaint handling, and supporting documents to the second complaint-handling person.

Upon expiry of the given time limit, if the first complaint remains unresolved, the complainant may file the second complaint with the second complaint-handling person, stating reasons and enclosing supporting documents of the complaint. The second complaint-handling person shall accept the complaint and proceed with the procedures for handling of the second complaint. The decision made by this person in this case is the decision on second complaint handling.

The second complaint-handling person shall take actions against the first complaint-handling person if finding any violation of law.

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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