What is a complaint? Regulations on processing of statements of complaint in Vietnam

What is a complaint? Regulations on processing of statements of complaint in Vietnam (Internet image)

1. What is a 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. Regulations on processing of statements of complaint in Vietnam

The handling of complaints under Section 1 Chapter III of Circular 05/2021/TT-TTCP is as follows:

* Processing of statements of complaint under jurisdiction in Vietnam

- If a statement of complaint is under jurisdiction and does not fall into one of the cases of ineligibility for acceptance and handling under Article 11 in the Law on Complaints 2011, the person processing and handling statements shall recommend the head of an authority, organization or unit to accept and deal with it under law. 

Recommendation for acceptance and handling of a statement shall be made by using the Form No. 01 annexed to Circular 05/2021/TT-TTCP.

Form No. 01

- If any statement of complaint is under jurisdiction but unqualified for acceptance and resolution, the person making complaint shall be instructed to provide further information and documents to make complaint in accordance with law. 

Instructions shall be given by using the Form No. 02 annexed to Circular 05/2021/TT-TTCP.

Form No. 02

- If any statement of complaint is under jurisdiction of the inferior and is still pending after expiration under the Law on Complaint, the person processing statements shall recommend the head of an authority, organization or unit to consider issuing his/her decision as per law. 

* Processing of statements outside jurisdiction in Vietnam

- If any statement of complaint falls outside jurisdiction of the head of an authority, organization or unit, the person processing statements should instruct the person making complaint to send it to another authority, organization, unit or person to have it handled or dealt with.

Instructions shall be given once by using the Form No. 02 annexed to Circular 05/2021/TT-TTCP.

- If any statement of complaint is referred to by leaders of the Party, the State, the Ethnic Council, Committees and other organs of the National Assembly, affiliates of the National Assembly’s Standing Committee, National Assembly delegates, National Assembly delegations, Government’s cabinet members, Chief Justice of the Supreme People's Court, Procurator General of the Supreme People's Procuracy,

State Auditor General, Office of the President, Central Office, Central Inspection Committee and Central Party Committee, central organs of socio-political organizations, socio-political-professional organizations, the person processing statements shall submit it to the head of his/her host institution and reply in writing.

- If a statement of complaint is referred to by the Central Citizen Reception Department, agencies of the People's Councils, delegates of the People's Councils, socio-political organizations, socio-political-professional organizations at the provincial or district level, the Citizen Reception Department shall report to the President of the same-level People’s Committee to seek his/her directives.

- As for any subject matter of complaint which involves crowd, is complicated, backlogged or elongated, after receipt of the decision to handle such complaint, if the person making complaint file an appeal to the Government Inspectorate or the Central Citizen Reception Office, the head of the citizen reception department shall report to the Inspector General to assign relevant authorities, administrations or departments to examine, report on the case and draft a reply to the citizen or confer with the provincial People’s Committee about possible actions.

* Processing and handling of appeals against decisions to handle complaints already in legal effect

- With respect to an appeal against the decision to handle a complaint already in legal effect under Article 44 in the Law on Complaint 2011, the person processing statements shall neither handle them nor refer them, and shall provide instructions for the person filing the appeal to bring an administrative lawsuit to the People's Court having appropriate jurisdiction under laws on administrative proceedings,

Except for complaint concerning an appeal against the decision to handle a complaint that is already in legal effect, after being examined and reviewed, if that decision is in breach of law, harms the State interests, legitimate rights and benefits of the citizen, authority or organization

- Concerning an appeal against the decision to handle a complaint that is already in legal effect, after being examined and reviewed, if that decision is in breach of law, harms the State interests, legitimate rights and benefits of the citizen, authority or organization prescribed in Article 38 in Decree 124/2020/ND-CP:

The person processing statements shall report to the head of his/her host institution to seek the head's decision issued under law.

* Processing of statements outside jurisdiction bearing full names and signatures of multiple persons in Vietnam

If any statement of complaint outside jurisdiction of his/her host institution bears multiple persons' full names and signatures, the person processing statements should instruct a person making complaint who has a particular address to send it to the correct institution having competence to handle it. Instructions shall be given by using the Form No. 02 annexed to Circular 05/2021/TT-TTCP.

Form No. 02

* Processing and handling of original documents and records attached to statements of complaints in Vietnam

If a statement of complaint encloses original documents and records, the person processing statements should return them to the person making complaint.

* Processing and handling of appeals against administrative decisions likely to lead to hardly mitigated consequences in Vietnam

- When it is established that enforcement of an administrative decision would cause hardly mitigated consequences, the person handling statements should promptly report to the head of his/her host institution to consider issuing the decision on temporary suspension or recommend the competent authority or person to temporarily suspend enforcement of the administrative decision.

- After receipt of the report or recommendation, the competent person shall be responsible for considering issuance of the decision on temporary suspension, bear responsibility for his/her decision and inform the authority, organization or unit making recommendation of handling results.

Quoc Dat

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