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, issued on October 19, 2020.
Article table of contents
1. Duty to verify the complaining matter
According to Article 18 of the Decree No. 124/2020/NĐ-CP of Vietnam’s Government, the duty to verify the complaining matter is prescribed as follows:
- The complaint-handling person shall, personally or designate the inspection authority at the same level or a responsible entity under his/her authority to, verify the complaining matter.
- The complaint-handling person or designated entity shall issue a decision to verify the complaining matter, specifying the persons in charge of verification, their right and obligations, time and matters to be verified.
A decision to verify the complaining matter is made in accordance with Form No. 05 appended to Decree No. 124/2020/NĐ-CP.
Thus, there are 03 subjects assigned the duty to verify the complaining matter, including:
- The complaint-handling person shall personally verify the complaining matter;
- Inspection authority at the same level; or
- A responsible entity under the authority of the complaint-handling person.
2. Disciplinary action against the verifying person
According to Article 40 of the Decree No. 124/2020/NĐ-CP of Vietnam’s Government, the verifying person who commit violations shall be disciplined in one of the following four forms:
- Reprimand;
- Warning;
- Demotion or dismissal;
- Downgraded.
To be specific:
- 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 ignore evidence, overlook information and documentation.
+ Falsify 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.
If the verifying person holds no title, his/her pay step shall be downgraded.
Thus, the person assigned the task of verifying the complaint content may be subject to the highest disciplinary action, which is dismissal 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. This is a new regulation of the Decree No. 124/2020/NĐ-CP of Vietnam’s Government, officially effective from December 10, 2020.
Thuy Tram
- Key word:
- Decree No. 124/2020/NĐ-CP
