Regulations on execution of legally effective complaint settlement decisions in Vietnam

Regulations on execution of legally effective complaint settlement decisions in Vietnam (Internet image)

1. What is complaint?

According to Clause 1, Article 2 of the Law on Complaints 2011, complain means that a citizen, agency, organization, cadre or civil servant, according to the procedures prescribed in this law, requests a competent agency, organization or person to review an administrative decision or act of a state administrative agency or competent person in such agency;

Or a disciplinary decision against a cadre or civil servant when having grounds to believe that such decision or act is unlawful and infringes upon his/her/its rights and lawful interests.

2. Legally effective complaint settlement decisions in Vietnam

Article 44 of the Law on Complaints 2011 stipulates the legally effective complaint settlement decisions as follows:

- A first-time complaint settlement decision takes effect after 30 days from the date of issuance, provided the complainant does not make a second-time complaint; for deep-lying or remote areas with difficult travel conditions, this time limit may be prolonged but not exceed 45 days.

- A second-time complaint settlement decision takes effect after 30 days from the date of issuance; for deep-lying or remote areas with difficult travel conditions, this time limit may be prolonged but not exceed 45 days.

- In case a complainant disagrees with a complaint settlement decision, he/she may institute an administrative case at court in accordance with the Law on Administrative Procedures.

- A legally effective complaint settlement decision is effective for immediate execution.

3. Persons responsible for executing legally effective complaint settlement decisions in Vietnam

Persons responsible for executing legally effective complaint settlement decisions under Article 45 of the Law on Complaints 2011 include:

- Complaint settlers;

- Complainants;

- The complained subject;

- Persons with related rights and obligations.

- Relevant agencies, organizations and persons.

4. Execution of legally effective complaint settlement decisions in Vietnam

Article 46 of the Law on Complaints 2011 stipulates execution of legally effective complaint settlement decisions as follows:

- Complaint settlers shall, within the ambit of their tasks and powers, direct agencies, organizations and individuals under their management in organizing the execution of legally effective complaint settlement decisions.

In case of necessity, they may request functional agencies to take measures to ensure the execution of legally effective complaint settlement decisions; organize the execution or assume the prime responsibility for, and coordinate with concerned organizations and agencies in, taking measures to restore the rights and lawful interests of complainants; propose other agencies or organizations to settle matters relating to the execution of complaint settlement decisions (if any).

- When a complaint settlement decisions takes legal effect, the complainant and persons with related rights and obligations have the following duties:

+ Collaborate with competent agencies, organizations and persons in restoring their rights and lawful interests infringed upon by an illegal administrative decision or act;

+ Abide by the complained administrative decision or act which is recognized as lawful by an agency competent to complaint settlement;

+ Abide by the handling decision of a competent agency for executing the legally effective complaint settlement decision.

- Within the ambit of their tasks and powers, relevant agencies, organizations and persons shall abide by administrative decisions of competent agencies for executing legally effective complaint settlement decisions; and coordinate with competent agencies, organizations and persons in organizing the execution of legally effective complaint settlement decisions when requested.

Quoc Dat

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