Competence to settle complaints in People's Courts in Vietnam

Competence to settle complaints in People's Courts in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Competence to settle complaints in People's Courts in Vietnam

Competence to settle complaints in People's Courts in Vietnam according to Article 6 of Circular 01/2020/TT-TANDTC, is as follows:

- The Chief Justice of the district-level People's Court shall settle the first-time complaint against the decisions and acts of his or her, civil servants and employees under the management of the chief justice of the district-level People's Court.

- The Chief Justice of the People's Court of the province shall settle the following complaints:

+ Settlement of first-time complaints against complaints about decisions and acts of themselves, of civil servants, and of employees under the management of the Chief Justice of the People's Court of the province;

+ Settlement of second-time complaints about decisions and acts of the Chief Justice of the district-level People's Court by civil servants and employees under the management of the Chief Justice of the district-level People's Court that have been settled for the first time but still have complaints, or the first-time complaint that has expired but has not yet been settled.

- The Chief Justice of the Superior People's Court shall settle the first-time complaint against his/her own decisions and acts by civil servants and employees under the management of the Chief Justice of the High People's Court.

- The Chief Justice of the Supreme People's Court shall settle the following complaints:

+ Settlement of first-time complaints against decisions and acts of their own by civil servants, public employees, and employees under the management of the Chief Justice of the Supreme People's Court;

+ Settlement of second-time complaints about decisions and acts of the Chief Justice of the provincial People's Court, the Chief Justice of the High People's Court of civil servants and employees under the management of the Chief Justice of the People's Court of the province, the Chief Justice of the High People's Court has settled for the first time but still has complaints, or the first complaint has expired but has not been resolved.

2. Conditions for accepting complaints in People's Courts in Vietnam

According to Article 10 of Circular 01/2020/TT-TANDTC, the People's Courts and competent persons shall accept complaints for settlement when fully meeting the following conditions:

- Complaint content is specified in Clause 1, Article 4 of Circular 01/2020/TT-TANDTC, the complaint is made by complaint form or direct complaint.

+ In case the complaint is made in writing, the date, month, and year of the complaint must be clearly stated; name and address of the complainant; name and address of the complaining agency or individual; contents of the complaint, the reasons for the complaint, documents related to the complaint, and the complainant's request for settlement.

The complaint form must be signed or fingerprinted by the complainant; if more than one person makes a written complaint about the same content, the petition must be signed by all the complainants;

+ In case the complainant comes to complain directly, the complaint receiver shall guide the complainant to write a written application or record the complaint contents and request the complainant to sign or point to confirm the document.

If many people come to directly complain about the content, the competent agency shall organize a meeting and guide the complainant to appoint a representative to present the complaint and record the complaint in writing.

- Complaints within the statute of limitations in accordance with the Law on Complaints or other relevant laws.

If, due to force majeure or objective obstacles, the complainant is unable to exercise the right to complain within the prescribed time limit, the complainant must have papers, documents proving or being certified by a competent authority.

- Complaints fall under the jurisdiction of the People's Courts.

- The complainant must have full civil act capacity as prescribed by law.

The complainant may exercise his or her right to complain either directly or through a defense counsel, defender of legitimate rights and interests, or a representative.

In cases where the complainant is a person under 18 years of age, a person who has lost his/her civil act capacity, a person with difficulties in perception and behavior control, or a person with limited civil act capacity who cannot file a complaint by himself/herself, the complaint is made through a legal representative who must have papers and documents to prove it.

- Complaints have not yet had a legally effective settlement decision, or the complainant's complaint withdrawal has not been filed.

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