08 cases of complaints not eligible to be accepted for settlement in Vietnam

08 cases of complaints not eligible to be accepted for settlement in Vietnam (Internet image)

1. What is complaint?

Clause 1, Article 2 of the Law on Complaints 2011 stipulates complaints as follows:

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. Principle of making complaints and settlement of complaints in Vietnam

Article 4 of the Law on Complaints 2011 stipulates the principle of making complaints and settlement of complaints as follows:

The making complaints and settlement of complaints must comply with law; ensure objectiveness, publicity, democracy and timeliness.

3. Responsibilities for settlement of complaints and coordinate in settling complaints in Vietnam

Article 5 of the Law on Complaints 2011 stipulates the responsibilities for settlement of complaints and coordinate in settling complaints as follows:

- Agencies, organizations and individuals shall, within the scope of their functions, tasks and powers, promptly and lawfully receive and settle complaints and strictly handle offenders; apply necessary measures to prevent potential damage; assure for complaint settlement decisions to be strictly executed and take responsibility before law for their decisions.

- Concerned agencies and organizations shall coordinate with competent agencies, organizations and individuals in settling complaints; supplying information and documents relating to complaints at the request of these competent agencies, organizations and individuals.

- Agencies, organization and individuals shall check and review their administrative decisions or acts or disciplinary decisions, and promptly modify or remedy these decisions or acts that are illegal, to avoid arising complaints.

The State encourages reconciliation of disputes among agencies, organizations and individuals before competent agencies, organizations or persons settle such disputes.

4. Complaints not eligible to be accepted for settlement in Vietnam

According to Article 11 of the Law on Complaints 2011, a complaint falling into one of the following cases is not accepted for settlement:

(1) It is about an administrative decision or act within a state agency for directing and organizing the performance of tasks and official duties;

An administrative decision or act related to direction and administration by an administrative agency toward its subordinate administrative agency;

An administrative decision containing legal rules issued by competent agencies, organizations or persons according to the order and procedures prescribed in law on promulgation of legal documents;

An administrative decision or act involving a state secret in the field of defense, security or foreign affairs as listed by the Government;

(2) It is about an administrative decision or act not directly related to the rights and lawful interests of the complainant;

(3) The complainant has no full civil act capacity and no a lawful representative;

(4) The complaint is implemented by an unlawful representative;

(5) There is no signature or fingerprint of complainant in the written complaint;

(6) The statute of limitations or time limit for making a complaint has expired but the complainant has no legitimate reason;

(7) A second-time complaint settlement decision has been issued;

(8) There is a written notice of suspension of the complaint settlement and the complainant does not continue making complaint during 30 days after the issuance of such notice;

(9) It has been accepted by a court for settlement or has been settled under a court judgment or decision other than a court’s decision on suspension of the settlement of an administrative case.

Ngoc Nhi

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