This is a notable content of the Decree No. 124/2020/NĐ-CP of Vietnam’s Government on guidelines for certain articles and implementation of the Law on Complaints. This Decree has specified disciplinary actions against the complaint-handling person.
Article table of contents
According to Article 6 of the Law on Complaints 2011 of Vietnam, obstructing or causing troubles to persons exercising the right to complain; threatening, revenging or retaliating complainants; covering up the complained subjects or illegally intervening in the complaint settlement are prohibited acts. Thus, the Decree No. 124/2020/NĐ-CP of Vietnam’s Government (effective from December 10, 2020), replacing the Decree No. 75/2012/NĐ-CP (expires from December 10, 2020) has specified disciplinary action against the verifying person and the complaint-handling person as follows:
1. Disciplinary action against the verifying person
According to Article 40 of the Decree No. 124/2020/NĐ-CP of Vietnam’s Government, disciplinary action against the verifying person are as follows:
- The reprimand shall be imposed on the verifying person if he/she:
+ Harass, impede, cause prejudice or troublesome to the complainant, the spokeperson or the complainee.
+ Cover up the erring complainee.
+ Threat to retaliate or victimize the complainant, the spokeperson or the complainee.
- The warning shall be imposed on the verifying person if he/she intentionally ignores evidence, overlook information and documentation or falsifies the case file during the verification process.
- The demotion or dismissal shall be imposed on the verifying person if he/she intentionally provides false report on the verification result, which brings matters to the wrong complaint-handling decision and results in serious insecurity or any death. (Note: If the verifying person holds no title, his/her pay step shall be downgraded.
2. Disciplinary actions against the complaint-handling person
According to Article 41 of the Decree No. 124/2020/NĐ-CP of Vietnam’s Government, disciplinary actions against the complaint-handling person is as follows:
- The reprimand shall be imposed on the complaint-handling person if he/she:
+ Harass, impede, cause prejudice or troublesome to the complainant, the spokeperson or the complainee.
+ Cover up the erring complainee.
+ Threat to retaliate or victimize the complainant, the spokeperson or the complainee.
- The warning shall be imposed on the complaint-handling person if he/she:
+ Deliberately refuse the complaint notwithstanding he/she has the jurisdiction over that complaining matter.
+ Deliberately ignore evidence and overlook the information and documentation or falsify the case file.
+ Deliberate failure to issue a complaint-handling decision.
- The dismissal shall be imposed on the complaint-handling person if he/she:
+ Commit serious violation during complaint-handling procedures which causes serious insecurity or any death.
+ Deliberately issue an illegal complaint-handling decision which causes serious insecurity or any death.
In comparison with previous provisions, Decree No. 75/2012/NĐ-CP of Vietnam’s Government does not stipulate disciplinary actions against the verifying person and the complaint-handling person who obstructs or causes troubles to persons exercising the right to complain; threatens, revenges or retaliates complainants; covers up the complained subjects or illegally intervenes in the complaint settlement, Decree No. 75/2012/NĐ-CP only stipulates responsibilities for individuals, agencies and organizations in the implementation of complaint settlement decisions. Thus, the newly issued Decree No. 124/2020/NĐ-CP of Vietnam’s Government, replacing the Decree No. 75/2012/NĐ-CP, has specified that disciplinary action will be applied to individuals and organizations in the execution of the complaint settlement decision.
Thus, from December 12 (effective date of the new Decree), the reprimand shall be imposed on the verifying person and the complaint-handling person if he/she threatens, revenges or retaliates complainants, the person authorized to complain, the person being complained against.
Ty Na
- Key word:
- Decree No. 124/2020/NĐ-CP
