Order of complaint resolution in Vietnam

Order of complaint resolution in Vietnam (Illustration)

1. When is the first complaint in Vietnam?

When having grounds to believe that an administrative decision or administrative act is unlawful or directly infringes upon his/her rights and lawful interests

+ A person may make a first-time complaint with the person who has issued such administrative decision;

+ The agency that manages the person who has committed such administrative act;

+ Institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

- In case the complainant disagrees with the first-time complaint settlement decision or the complaint remains unsettled although past the prescribed time limit, he/she may make a second-time complaint with the direct superior of the person competent to settle the first-time complaint or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

- In case the complainant disagrees with the second-time complaint settlement decision or the complaint remains unsettled though past the prescribed time limit, he/she has right to institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

(Article 7 of the Law on Complaints 2011)

2. Order of first time complaint settlement in Vietnam

Step 1: Accepting and settling complaints for the first time in Vietnam

Within 10 days after receiving a complaint under his/her competence but not falling into any of the cases specified in Article 11 of this Law, a person competent to settle first-time complaints must accept such complaint for settlement;

Notify such in writing to the complainant, competent agency, organization or person that has forwarded such complaint, and the state inspectorate of the same level. In case of refusal to accept the complaint, he/she must clearly state the reason thereof.

(Article 27 of the Law on Complaints 2011)

Step 2: First-time complaint resolution in Vietnam

Within the time limit specified in Article 28 of this Law, a person competent to settle a first-time complaint has following duties:

Review his/her administrative decision or act or the administrative decision or act of the responsible person who is directly managed by him/her, and if the complaint is correct, he/she will promptly issue a complaint settlement decision.

If having no ground to make conclusions on the complaint contents, he/she will conduct verification by himself/herself before making conclusions on complaint contents, or assign a slate inspectorate of the same level or a responsible agency, organization or person (hereinafter referred to as person responsible for verification) to verify the complaint contents and propose the complaint settlement.

(Clause 1 of Article 29 of the Law on Complaints 2011)

Step 3: Organize the first time complaint dialogue in Vietnam

In the course of settlement of a first-time complaint, if the request of the complaint and results of verification of its contents are different, the complaint settler shall organize dialogs with the complainant, the complained subject, persons with related rights and obligations and relevant agencies, organizations and persons to clarify the contents of complaint, the complainant's request and the direction of complaint settlement. Dialogs must be carried out in a public and democratic manner.

(Clause 1 of Article 30 of the Law on Complaints 2011)

Step 4: Make a decision to settle the complaint for the first time in Vietnam

First-time complaint settlers must issue complaint settlement decisions.

(Paragraph 1 of Article 31 of the Law on Complaints 2011)

Step 5: Send the decision to settle the complaint for the first time in Vietnam

Within 03 working days after issuing a complaint settlement decision, the first-time complaint settler shall send such complaint settlement decision to the complainant, the his/her direct superior or competent person, persons with related rights and obligations, the agency, organization or person that has forwarded the complaint and the state inspectorate at the same level.

(Article 32 of the Law on Complaints 2011)

3. When is the second time complaint in Vietnam?

Within 30 days after the expiration of the complaint settlement time limit specified in Article 28 of this Law, if a first-time complaint remains unsettled, or after receiving a first-time complaint settlement decision, if the complainant disagrees with this decision, he/ she may make another complaint with a person competent to settle second-time complaints;

For deep-lying or remote areas with difficult travel conditions, this time limit may be prolonged but must not exceed 45 days.

For making second-lime complaints, the complainant must send a second-time complaint enclosed with the first-time complaint settlement decision and relevant documents to a person competent to settle second-lime complaints.

(Article 33 of the Law on Complaints 2011)

 4. Order of second time complaint settlement in Vietnam

Step 1: Accept the second time complaint settlement in Vietnam

Within 10 days after receiving a complaint under his/her competence but not falling into any of the cases specified in Article 11 of this Law, a person competent to settle second- time complaints must accept such complaint for settlement; and notify such in writing to the competent complainant, agency, organization or person that has forwarded such complaint, and the state inspectorate of the same level. In case of refusal to accept the complaint, he/she must clearly state the reason thereof

For a complicated case, when finding it is neccessary, a second-time complaint settler may set up an advisory council to give advice on the complaint settlement.

(Article 36 of the Law on Complaints 2011)

Step 2: Verify the content of the second time complaint in Vietnam

Persons competent to settle complaints for the second time shall, based on the contents and nature of the complaints, themselves verify and conclude the contents of the complaints or assign persons responsible for verifying the contents of the complaints and propose the settlement of the complaints.

The verification shall comply with the provisions of Clauses 2, 3 and 4, Article 29 of the Law on Complaints 2011.

(Article 37 of the Law on Complaints 2011)

Step 3: Organize the second time dialogue in Vietnam

In the course of settlement of a second-time complaint, the complaint settler shall carry out dialogs with the complainant, the complained subject, persons with related rights and obligations and relevant agencies, organizations and persons to clarify complaint contents, the complainant's request and the direction of complaint settlement. Second-time dialogs shall comply with Article 30 of this Law.

(Article 39 of the Law on Complaints 2011)

Step 4: Make a decision to settle the second time complaint in Vietnam

Second-time complaint settlers must issue complaint settlement decisions.

(Article 40 of the Law on Complaints 2011)

Step 5: Sending and announcing the decision on complaint settlement in Vietnam

Within 07 days after issuing a complaint settlement decision, the second-time complaint settler must send it to the complainant, the complained subject, the first-time complaint settler, persons with related rights and obligations, and the competent agency, organization or person that has forwarded the complaint.

(Clause 1 of Article 41 of the Law on Complaints 2011)

Ngoc Nhi

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