Complaint-settling competence regarding administrative decision and administrative act in Vietnam

Complaint-settling competence regarding administrative decision and administrative act in Vietnam (Internet image)

1. What is administrative decision? What is administrative act?

According to Clauses 8, 9, Article 2 of the Law on Complaints 2011, then:

- Administrative decision means a document which is issued by a state administrative agency or a competent person in such agency to decide on a specific issue in state administration management activities and is applied once to one or several specific subjects.

- Administrative act means an act of a state administrative agency or a competent person in such agency of performing or failing to perform a task or official duty as prescribed by law.

2. Complaint-settling competence regarding administrative decision and administrative act in Vietnam

The complaint-settling competence regarding administrative decision and administrative act in Vietnam is specified in Section 1 Chapter 3 of the Law on Complaints 2011 as follows:

* Competence of chairpersons of People's Committees of communes, wards or townships and heads of agencies of People's Committees of rural districts, urban districts, towns or provincial cities

Chairpersons of People's Committees of communes, wards or townships (hereinafter referred to as commune-level People's Committees), heads of agencies of People's Committees of rural districts, urban districts, towns or provincial cities (hereinafter referred to as district-level People's Committees) are competent to settle first-time complaints about their administrative decisions or acts or administrative decisions or acts of responsible persons who are directly managed by them.

* Competence of chairpersons of district-level People's Committees

- To settle first-time complaints about their administrative decisions or acts.

- To settle second-time complaints about administrative decisions or acts of chairpersons of commune-level People's Committees, heads of agencies of district-level People's Committees which have been settled for the first time but still be complained or in case first-time complaints remain unsettled in spite the settlement time limit expires.

* Competence of heads of agencies of provincial departments and equivalent levels

Heads of agencies of provincial departments and equivalent levels are competent to settle first-time complaints about their administrative decisions or acts or administrative decisions or acts of cadres or civil servants who are directly managed by them.

* Competence of directors of provincial departments and equivalent levels

- To settle first-time complaints about their administrative decisions or acts or administrative decisions or acts of cadres or civil servants who are directly managed by them.

- To settle second-time complaints about administrative decisions or acts of heads of agencies of provincial departments and equivalent levels which have been settled for the first time but still be complained or in case first-time complaints remain unsettled in spite the settlement time limit expires.

* Competence of chairpersons of provincial People's Committees

- To settle first-time complaints about their administrative decisions or acts.

- To settle second-time complaints about administrative decisions or acts of chairpersons of district-level People's Committees, directors of provincial departments and equivalent levels which have been settled for the first time but still be complained or in case first-time complaints remain unsettled in spite the settlement time limit expires.

- To settle disputes over the complaint-settling competence among agencies and units under their management.

* Competence of heads of agencies of Ministries, Ministerial-level agencies or Government-attached agencies

Heads of agencies of Ministries, Ministerial-level agencies or Government-attached agencies (hereinafter referred to as heads of agencies of Ministries) are competent to settle complaints about their administrative decisions or acts or administrative decisions or acts of cadres or civil servants who are directly managed by them.

* Competence of Ministers

- To settle first-time complaints about their administrative decisions or acts or administrative decisions or acts of cadres or civil servants who are directly managed by them.

- To settle second-time complaints about administrative decisions or acts of heads of agencies of ministries which have been settled for the first time but still be complained or in case first-time complaints remain unsettled in spite the settlement time limit expires.

- To settle second-time complaints about administrative decisions or acts of chairpersons of provincial-level People's Committees with contents falling under the state management competence of ministries or sectors which have been settled for the first time but still be complained or in case first-time complaints remain unsettled in spite the settlement time limit expires.

- To settle disputes over the complaint-settling competence among agencies and units under their management scope.

* Competence of the Government Inspector General

- To assist the Prime Minister of Vietnam in monitoring, inspecting and urging Ministries, Ministerial-level agencies, Government-attached agencies and People's Committees at all levels in the reception of citizens, settlement of complaints and execution of legally effective complaint settlement decisions.

- In case of detecting violations of the law on complaints which harm the interests of the State, rights and lawful interests of citizens, agencies or organizations, to propose the Prime Minister or competent persons to apply necessary measures to terminate these violations, consider liability and handle offenders.

* Competence of chief inspectors at all levels

- To assist heads of state management agencies of the same level in examining, verifying, making conclusions on, or proposing the settlement of complaints falling under the competence of these persons when assigned.

- To assist heads of state management agencies of the same level in monitoring, inspecting and urging agencies directly managed by these persons in the reception of citizens, settlement of complaints and execution of legally effective complaint settlement decisions.

In case of detecting violations of the law on complaints which harm the interests of the State, rights and lawful interests of citizens, agencies or organizations, to propose heads of state management agencies at the same level or competent persons to apply necessary measures to terminate these violations, consider liability and handle offenders.

* Competence of the Prime Minister of Vietnam

- To lead the complaint settlement of Ministries, Ministerial-level agencies, Government-attached agencies and People's Committees at all levels.

- To settle proposals of the Government Inspector General specified in clause 2, Article 24 of the Law on Complaints 2011.

- To direct the handling of disputes over complaint-settling competence among Ministries, Ministerial-level agencies, Government-attached agencies and provincial People's Committees.

Van Trong

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