On October 19, 2020, the Government of Vietnam has issued the Decree No. 124/2020/NĐ-CP on guidelines for certain articles and implementation of the Law on Complaint. Detailed regulations on authorization to file a complaint are as follows:
Article table of contents
1. Basis for authorization to file a complaint
- Regarding complainant:
According to Clause 1 Article 5 of the Decree No. 124/2020/NĐ-CP of Vietnam’s Government, the complainant may, on their own or authorizing a lawyer, legal aid provider or another person with full legal capacity, file a complaint.
It can be seen that the complainant may authorize another person to make the complaint on his/her behalf.
Concurrently, this Article also stipulates that if the complainant is a minor or legally incapacitated person, his/her legal representative shall file a complaint. The representative shall be determined as per civil law.
- Regarding corporate:
According to Clause 2 Article 5 of the Decree No. 124/2020/NĐ-CP of Vietnam’s Government, corporate shall file a complaint through their legal representatives.
The representative of the corporate may authorize a lawyer or another person with full legal capacity to file a complaint.
Thus, both individuals and representatives of agencies and organizations may -authorize the complaint if the authorized person meets the conditions as prescribed by law.
2. Conditions for authorization to file a complaint
- Conditions for the authorized person: He/she must have full legal capacity as prescribed by law to file a complaint.
- Conditions on the form of the complaint: According to Clause 3 Article 5 of the Decree No. 124/2020/NĐ-CP of Vietnam’s Government, the authorization must be made in writing and certified or notarized. The letter of authorization is made in accordance with Form No. 02 hereto appended.
- Conditions on the content of the authorization: The principal (in the letter of authorization) may authorize the complaining right to one or more authorized people with respect to varied contents of authorization but may not authorize the same content of authorization to multiple authorized people.
3. Complaining right of the heir
According to Clause 4 Article 5 of the Decree No. 124/2020/NĐ-CP of Vietnam’s Government, complaining right of the heir is as follows:
- If the complainant, while pursuing the complaint, dies with an heir of his/her rights and obligations as per the law, the heir may have the complaining right;
- The heir, upon filing the complaint, has to provide proof of right of inheritance for the complaint-handling bodies.
- The complainant may, on their own or authorizing a lawyer, legal aid provider or another person with full legal capacity, file a complaint.
- In case of multiple heirs, they may authorize another heir, a lawyer, legal aid provider or another person with full legal capacity to file a complaint.
Among the above provisions, the complainant should note that the authorization of the complaint must be in writing and authenticated or notarized. This is a mandatory regulation officially effective from December 10, 2020.
Thuy Tram
- Key word:
- Decree No. 124/2020/NĐ-CP
