On November 25, 2011, President Truong Tan Sang signed Order No. 11/2011/L-CTN to promulgate the Law on Complaints, which was passed by the National Assembly of the Socialist Republic of Vietnam, Session XIII, at its second meeting on November 11, 2011. This law shall take effect from July 1, 2012.
Article table of contents
the regulations on complaint and complaint resolution in the Law on Complaints and Denunciations No. 09/1998/QH10, which have been amended and supplemented by Law No. 26/2004/QH11 and Law No. 58/2005/QH11, cease to be effective from the date this Law comes into force.
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Illustration (source: internet)
Law on Complaints is developed based on the separation from the existing Law on Complaints and Denunciations to address the limitations and inadequacies of the current Law on Complaints and Denunciations and to meet the requirements of resolving administrative complaints today. At the same time, it facilitates citizens, agencies, and organizations in exercising their right to complain, emphasizes the responsibility of competent state agencies in resolving complaints, and contributes to improving the efficiency of complaint resolution and the enforcement of state management in various socio-economic areas.
The Law on Complaints includes 8 chapters and 70 articles. Inheriting the provisions of the existing Law on Complaints and Denunciations, the Law on Complaints continues to regulate the process of lodging and resolving complaints against administrative decisions and actions of state administrative agencies and persons with authority within administrative agencies; complaints and resolutions of disciplinary decisions for officials; handling of citizens’ petitions; management and supervision of complaint resolution activities (Article 1). Thus, compared to the Law on Complaints and Denunciations, the Law on Complaints has clarified more about the scope of regulation. Additionally, in order to provide guidelines on complaints and complaint resolution within agencies, organizations; complaints of foreign organizations and individuals, complaints within public service providers, in state-owned enterprises... The Law stipulates that these agencies and organizations are to be guided and apply the provisions of the Law on Complaints in the complaint resolution process under their authority (Article 3). The procedure for lodging complaints has been renewed compared to the 1998 Law on Complaints and Denunciations. According to the provisions of the Law, for the first complaint, the complainant has the right to lodge the complaint directly to the person who issued the administrative decision or action or has the right to initiate an administrative lawsuit in court, not necessarily having to complain to the person who issued the administrative decision or action under complaint as before. The initiation of an administrative lawsuit in court can still be carried out at any stage during the complaint resolution process (Article 7).
A notable new content is to meet the practical needs of resolving complaints from multiple people on the same content. The Law on Complaints has added new provisions for cases where multiple people lodge complaints on the same content. If multiple people are lodging the same complaint directly, the competent authority organizes the reception and directs the complainants to select representatives to present the complaint content; the complaint receiver records the content of the complaint. If multiple people lodge complaints in writing, the complaint must bear the signatures of the complainants and they must appoint representatives to present if requested by the complaint resolver (Clause 4, Article 8). At the same time, the Law also adds provisions on issuing complaint resolution decisions in this case (Clause 3, Article 31).
Law on Complaints specifies more explicitly the rights and obligations of the complainant, the person complained against, the complaint resolver, and the lawyer based on inheriting suitable provisions of the Law on Complaints and Denunciations and supplementing these rights and obligations to ensure conformity with the complaint and complaint resolution procedures. Specifically:
- For the complainant, the Law on Complaints stipulates that the complainant has the right to authorize a lawyer or legal aid officer to lodge a complaint to protect their legal rights and interests. The complainant also has the right to access, read, copy, and review the documents and evidence collected by the complaint resolver to resolve the complaint; to request individuals, agencies, and organizations holding or managing information and documents related to the complaint content to provide such information and documents for submission to the complaint resolver.
- For the person complained against, they have the right to access, read, copy, and review the documents and evidence collected by the complaint resolver to resolve the complaint; request individuals, agencies, and organizations holding or managing information and documents related to the complaint content to provide such information and documents for submission to the complaint resolver; additionally, they must strictly comply with legally effective complaint resolution decisions; compensate for damages or remediate consequences caused by their illegal administrative decisions or actions.
- For the lawyer, legal aid officer has the right to participate in the complaint resolution process; exercise the rights and obligations of the complainant when authorized; investigate and collect evidence related to the complaint content and submit the evidence to the complaint resolver; examine case files, record, and copy necessary documents in the case file to protect the legal rights and interests of the complainant.
Inheriting existing regulations, the Law on Complaints continues to stipulate that the first-level complaint resolution authority belongs to the person making the administrative decision or action, and the second-level complaint is resolved by the head of the immediate superior agency of the person resolving the first-level complaint, from Articles 17 to 26. It is noteworthy that the Law has clearly defined the responsibility for resolving jurisdictional disputes over complaint resolution between agencies and units under their management scope, of the Chairman of the Provincial People's Committee, Ministers, and the Prime Minister of the Government of Vietnam, thereby contributing to improving the efficiency of administrative complaint resolution.
In the spirit of the current Law on Complaints, Denunciations regarding the acceptance and resolution of complaints; complaint time limits, complaint resolution deadlines; investigation, verification; collection of relevant documents... to the issuance of complaint resolution decisions, the Law on Complaints supplements several new rules about the complaint resolution procedure, to comply with practical realities in a simpler, transparent, democratic, and prompt manner, creating favorable conditions for the complainant. Particularly, the Law stipulates meetings, dialogues when necessary and allows the invitation of representatives from relevant socio-political organizations, professional associations to attend. For complex cases, before making a complaint resolution decision, if necessary, the complaint resolver can establish an advisory council to consult opinions as a basis for resolving the complaint.
The enforcement of legally effective complaint resolution decisions is also a new element of the Law on Complaints. The provision of enforcing complaint resolution decisions in the Law aims to ensure that complaint resolution decisions are strictly implemented. Therefore, Section 4, Chapter III, has identified those responsible for implementing legally effective complaint resolution decisions and the implementation of legally effective complaint resolution decisions.
To lay the legal foundation for resolving complaints against disciplinary decisions, especially when the Law on Cadres and Officials has not yet specifically regulated on complaints and resolution of disciplinary complaints for officials, the Law on Complaints continues to regulate on such complaints and resolution. However, due to the specific nature of the administrative system, complaint and resolution of disciplinary complaints against officials must follow procedures suited to the requirements of official management tasks. Therefore, inheriting the Law on Complaints and Denunciations, this Law stipulates that heads of agencies and organizations with authority to manage officials according to decentralization have the authority to resolve complaints regarding disciplinary decisions issued by them. In case of further complaints, the heads of the immediate superior agency of the managing organization have the authority and responsibility to resolve. Additionally, it is determined that the Minister of Home Affairs has the authority to resolve complaints regarding disciplinary decisions that have been resolved by the Minister, the heads of agencies of equivalent rank, the heads of agencies under the Government of Vietnam, and the Chairmen of Provincial People's Committees in the first instance but are still subject to complaint (Article 51).
For officials holding positions from Heads of General Departments and equivalents downwards who are disciplined with dismissal, within 10 working days from the date of receiving the subsequent resolution decision, if they disagree with that decision, they have the right to file an administrative lawsuit at the court according to the provisions of the Law on Administrative Procedures (Article 56). Besides, the Law on Complaints also introduces new regulations on the complaint statute of limitations; forms of complaints; time limits for acceptance and resolution of complaints; verification of complaint contents; organization of dialogues... (from Articles 48 to 58).
Based on inheriting the provisions of the Law on Complaints and Denunciations, the Law on Complaints dedicates a chapter to stipulate citizen reception offices, citizen reception sites; rights, obligations of complainants, denouncers, petitioners, reflectors at citizen reception offices, citizen reception sites; responsibilities of heads of agencies, organizations in citizen reception; responsibilities of citizen reception officers, person in charge of citizen reception offices, while assigning the Government of Vietnam to provide specific guidance on this issue.
The Law on Complaints continues to stipulate that the Government of Vietnam uniformly manages the complaint resolution work and assigns the Government Inspectorate of Vietnam to assist the Government of Vietnam in managing state work on complaint resolution. Ministries and central authorities and people’s committees at all levels manage state work on complaints within their management scope. The inspection agencies of ministries and central authorities and localities are responsible for assisting ministries, central authorities, and local authorities in performing state management tasks on complaints (Article 63). Additionally, it stipulates the responsibilities of the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit, the Office of the National Assembly, the Office of the President, other state agencies, political organizations, socio-political organizations in complaint resolution work; cooperation in complaint resolution work; supervision by the Vietnam Fatherland Front and its member organizations over the complaint resolution work (Articles 64, 65, and 66).
Regarding handling violations, to ensure the regulations on complaints and complaint resolution are strictly implemented and to overcome limitations and inadequacies in handling violations related to complaints, Law on Complaints continues to regulate the handling of violations in a separate chapter. Agencies, organizations, and individuals participating in complaint and complaint resolution relationships that violate regulations, depending on the nature and severity of the violation, may be subject to disciplinary action, administrative penalties, or criminal prosecution, and if causing damage, must be compensated or indemnified according to legal provisions.
Source: Vu Hoang Long - nhandan.com.vn
