Chương XLI Bộ luật tố tụng dân sự 2015: Khiếu nại, tố cáo trong tố tụng dân sự

Chapter XLI

COMPLAINTS AND DENUNCIATIONS IN CIVIL PROCEDURES

Article 499. Decisions and acts in civil procedures which may be complained about

1. Agencies, organizations or individuals shall be entitled to complain about procedural decisions or acts of civil proceeding authorities/persons when there are grounds for presuming that such decisions or acts are illegal or infringe upon their legitimate rights and interests.

2. For first-instance, appellate, cassation or reopening judgments/decisions of Courts or other procedural decisions issued by civil proceeding officers, if being appealed against, complained about or petitioned, they shall be settled not according to the provisions of this Chapter but according to the provisions of corresponding chapters of this Code.

Article 500. Rights and obligations of complainants

1. Complainants shall have the following rights:

a) To lodge complaints by themselves or through their lawful representatives;

b) To lodge their complaints at any stage of the resolution of the cases;

c) To withdraw their complaints at any stage of the resolution of the cases;

d) To receive written replies on the acceptance of their complaints; to receive the complaint-resolving decisions;

dd) To have their legitimate rights or interests restored; to receive damages as provided for by law.

2. Complainants shall have the following obligations:

a) To lodge their complaints to the right persons who are competent to settle them;

b) To give truthful presentations of the cases, to supply information and documents to persons handling the complaints; to take responsibility before law for the contents of their presentations and the supply of such information and documents;

c) Not to abuse the right to complain to obstruct the procedural activities of the courts;

d) To abide by decisions and acts of presiding officers that they are complaining about during the complaining period;

dd) To strictly abide by the complaint-resolving decisions which have taken legal effect.

Article 501. Rights and obligations of the complained persons

1. The complained persons shall have the following rights:

a) To acquire knowledge about grounds for complaint of the complainants; to produce evidences of the legality of their procedural decisions or acts which are being complained about;

b) To receive decisions on the resolution of the complaints about their own procedural decisions or acts.

2. The complained persons shall have the following obligations:

a) To explain their procedural decisions or acts being complained about; to provide relevant information or documents when so requested by competent agencies, organizations or individuals;

b) To strictly abide by the decisions on the resolution of the complaints which have taken legal effect;

c) To compensate for damage, to reimburse or address the consequences caused by their illegal procedural decisions or acts as provided for by law.

Article 502. Statute of limitations for lodging complaints

The time limit specified in statute of limitation for lodging a complaint is 15 days as from the date the complainant receives or knows about the procedural decision/act which he/she deems illegal.

In cases where complainants cannot exercise their right to lodge their complaints within the time limit prescribed in this Article because of force majeure events or objective obstacles, the duration in which the force majeure events or objective obstacles exist shall not be counted into the statute of limitations for complaint.

Article 503. Forms of complaint

Complaint petitions must be made in writing. A written complaint petition must clearly state the date; full name and address of the complainant; complaint contents and reasons for the complaint, request of the complainant, signature or fingerprints of the complainant.

Article 504. Competence resolution of complaints against decisions/acts of proceeding officers

1. Complaints against decisions/acts of proceeding officers being Judges, Deputy-Chief Justices, Ombudspersons, Court clerks or People’s Jurors shall be settled by the competent Chief Justices of Courts being in charge of such civil cases.

Complaints against procedural decisions/acts of Chief Justices of Courts shall be settled by the competent Chief Justices of the immediately superior courts.

2. Complaints against decisions/acts of proceeding officers being procurators, inspectors, deputy chairpersons of procuracies shall be settled by the chairpersons of the procuracies.

Complaints against procedural decisions/acts of chairpersons of procuracies shall be settled by competent chairpersons of the immediately superior procuracies.

3. Complaints against the first complaint-resolving decisions of the Chief Justices or the Chairpersons of procuracies provided for in clauses 1 and 2 of this Article shall be settled by the Chief Justices/Chairpersons of the immediately superior courts/procuracies.

Article 505. Time limit for resolution of complaints

Time limit for resolution of first complaints shall be 15 days from the day on which the courts/procuracies received the complaint petitions. If necessary, for complicated cases and matters, time limit for resolution of complaints can be extended by not exceeding 15 days calculated from the day on which the time limit for resolution of complaints expires.

Article 506. Contents of decisions on first complaint resolution

1. Persons who resolve complaints for the first time must issue written decisions on resolution of the complaints. A decision on resolution of a complaint shall include the following information:

a) Date of issuing the decision;

b) Name and address of the complainant and the complained person;

c) Complained matters;

d) Result of the verification of the complained matters;

dd) Legal grounds for resolution of the complaint;

e) Decision on first complaint resolution.

2. First complaint-resolving decisions must be sent to the complainants and relevant individuals, agencies and organizations. If the decisions are issued by the Chief Justices of the courts, they must be sent to procuracies of the same levels.

Article 507. Procedures for second complaint resolution

1. Within 05 working days from the day on which the first complaint-resolving decisions are received, if the complainants disagree with such decisions, they may file complaints with competent persons for second complaint resolution.

2. The complaint petitions must be enclosed with copies of first complaint-resolving decisions and accompanying materials.

A written complaint petition must clearly state the date; full name and address of the complainant; complaint contents and reasons for the complaint; signature or fingerprints of the complainant.

3. A second complaint-resolving decision must include the following information:

a) Information specified in points a, b, c, d and dd clause 1 Article 506 of this Code;

b) Result of the first complaint resolution;

c) Conclusions about specific matters in the complaint petition and the resolution of the second complaint-resolving persons.

4. Second complaint-resolving decisions must be sent to the complainants and relevant individuals, agencies and organizations. If the decisions are issued by the Chief Justices of the courts, they must be sent to procuracies of the same levels.

5. Second complaint-resolving decisions shall be effective.

Article 508. Resolution of complaints against expertise activities in civil procedures

The resolution of complaints against expertise activities in civil procedures shall comply with law regulations on judicial expertise and relevant law provisions.

Article 509. Persons who have right to denounce

Individuals are entitled to denounce to competent agencies, organizations or individuals illegal acts of competent proceeding officers which cause or threaten to cause damage to the State’s interests or legitimate rights and interests of agencies, organizations or individuals.

Article 510. Rights and obligations of denouncers

1. Denouncers shall have the following rights:

a) To file their written denunciations or directly present denunciations to competent agencies, organizations or individuals;

b) To request that their full names, addresses and autographs be kept secret;

c) To request that the results of resolution of their denunciations be notified to them;

d) To request that competent agencies, organizations and individuals protect them when they are threatened, bullied or revenged.

2. Denouncers shall have the following obligations:

a) To honestly present the contents of their denunciations;

b) To clearly state their full names and addresses;

c) To take responsibility before law for untruthful denunciations.

Article 511. Rights and obligations of the denounced persons

1. Denounced persons shall have the following rights:

a) To be notified of the denunciation contents;

b) To produce evidences to prove that the denunciation contents are untrue;

c) To have their legitimate rights and interests that have been infringed upon restored; to have their honor restored; and to enjoy compensation for the damage caused by false denunciations;

d) To request competent agencies, organizations or individuals to handle persons who gave untruthful denunciations.

2. Denounced persons shall have the following obligations:

a) To explain their denounced acts; to provide relevant information and documents when so requested by competent agencies, organizations or individuals;

b) To strictly abide by the handling decisions of competent agencies, organizations or individuals;

c) To pay damages, reimburse or address consequences caused by their illegal civil procedural acts according to law provisions.

Article 512. Competence and time limit for resolution of denunciations

1. Denunciations of illegal acts of persons competent to conduct procedures of any competent agencies shall be settled by the heads of such agencies.

In cases where the denounced persons are courts’ Chief Justices, deputy-Chief Justices, chairpersons or deputy-chairpersons of the procuracies, the Chief Justices of the immediately superior Courts or the chairpersons of the immediately superior procuracies shall have responsibility to settle the cases.

The time limit for resolution of a denunciation shall not exceed 02 months as from the date on which the denunciation is accepted; for complicated cases, the time limit for denunciation resolution may be longer but shall not exceed 03 months.

2. Denunciations of illegal acts which show criminal signs shall be settled according to the provisions of the Criminal Procedure Code.

Article 513. Procedures for denunciation resolution

The procedures for resolution of denunciations shall comply with law regulations on denunciation.

Article 514. Responsibilities of persons competent to settle complaints/denunciations

1. Competent agencies, organizations or individuals shall, within the scope of their tasks and powers, have the responsibility to receive and promptly and properly settle complaints or denunciations; to strictly handle violators; to apply necessary measures to prevent possible damage or losses; to ensure strict execution of settling decisions and have to take legal responsibility for their decisions.

2. Those who are competent to settle complaints or denunciations but fail to settle them, show irresponsibility in settling them or settle them illegally shall, depending on the nature and severity of the violations, be disciplined or examined for penal liability; if causing damage, they must pay compensations therefor according to law provisions.

Article 515. Inspection and supervision of law observation in resolution of complaints and denunciations in civil procedures

The people’s procuracies shall inspect and supervise the law observance in the resolution of complaints and denunciations in civil procedures according to law provisions. The procuracies are entitled to request or recommend the Courts of the same and lower levels, responsible agencies, organizations and individuals to ensure that the settlement of complaints/denunciations is well grounded and lawful.