Complaints not eligible to be accepted for settlement in Vietnam

Complaints not eligible to be accepted for settlement (Image from Internet)

1. What is a complaint?

According to Clause 1, Article 2 of the Law on Complaints 2011, a 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. 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 in Vietnam:

- Administrative decisions and actions within the internal operations of state bodies for directing, organizing task execution, service; administrative decisions and actions in the directive management of superior state administrative bodies over subordinate ones; administrative decisions containing legal norms issued by competent authorities, organizations, or individuals in accordance with legal procedures for issuing legal normative documents; administrative decisions and actions within the scope of state secrets in the fields of defense, security, diplomacy as prescribed by the Government of Vietnam;

- Administrative decisions and actions that are complained about do not directly concern the legal rights and interests of the complainant;

- The complainant lacks full civil act capacity and has no legitimate representative;

- The complaint is made by an illegitimate representative;

- The complaint form lacks the signature or fingerprint of the complainant;

- The statute of limitations, time limit for complaint has expired without a legitimate reason;

- The complaint has already been resolved with a second complaint resolution decision;

- There is a written notification to cease handling the complaint, and after 30 days, the complainant does not continue the complaint;

- The complaint has been accepted by the court or resolved by the court's judgment, decision, except for the decision to suspend the resolution of an administrative case by the court.

3. Rights and obligations of the complained subject in Vietnam

The rights and obligations of the complained subject in Vietnam according to Article 13 of the Law on Complaints 2011 are as follows:

* The complained subject has the following rights:

- To present evidence on the legality of the administrative decision or action being complained about;

- To be informed, to read, duplicate, and copy the documents, evidence collected by the complaint resolver, except for information and documents considered state secrets;

- To request individuals, agencies, and organizations holding information and documents related to the complaint content to provide them within 07 days from the request to hand them over to the complaint resolver, except for information and documents considered state secrets;

- To receive the second complaint resolution decision.

* The complained subject has the following obligations:

- Participate in dialogue or authorize a legitimate representative to participate in the dialogue;

- Comply with the decision to verify the content of the complaint by the competent complaint-resolving agency, unit;

- Provide information, documents related to the complaint content, explain the legality and correctness of the administrative decision or action being complained about when the complaint resolver, or verifying agency, unit requests within 7 days from the request;

- Strictly abide by the legal-efficiency complaint resolution decision;

- Amend or cancel administrative decisions, cease administrative actions being complained;

- Compensate for damages caused by illegal administrative decisions or actions as prescribed by the law on the State's liability for compensation.

* The complained subject exercises other rights and obligations as prescribed by law.

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