Chương X Luật chứng khoán 2006: Giải quyết tranh chấp, khiếu nại, tố cáo và bồi thường thiệt hại

Chapter X

SETTLEMENT OF DISPUTES, COMPLAINTS AND DENUNCIATIONS AND PAYMENT OF DAMAGES

Article 131.- Settlement of disputes

1. Disputes arising in securities activities and securities market in Vietnam may be settled through negotiation or conciliation, or resorted to arbitration or court for settlement in accordance with law.

2. Competence and procedures for settling disputes arising in securities activities and securities market at arbitration or court shall comply with the provisions of law.

Article 132.- Payment of damages

1. Organizations or individuals that suffer from damage or losses caused by acts of violating this Law and other relevant laws are entitled to initiate independently or in coordination with other damaged organizations or individuals lawsuits to claim damages from damage-causing organizations or individuals.

2. The determination of the damage or loss value and procedures for payment of damages shall comply with the provisions of law.

Article 133.- Complaints, denunciations and lawsuits

1. Individuals are entitled to lodge complaints or denunciations, or to initiate lawsuits; organizations are entitled to lodge complaints or to initiate lawsuits according to the provisions of law. The lodging of complaints and denunciations, the initiation of lawsuits, the settlement of complaints and denunciations and the handling of lawsuits in securities activities and securities market shall comply with this Law and other relevant laws.

2. Within the time limit for lodging complaints or denunciations or for initiating lawsuits, concerned organizations or individuals shall still execute administrative decisions of the State Securities Commission. As soon as decisions on settlement of complaints or denunciations are issued by competent state agencies in charge of securities and securities market or court rulings or judgments take legal effect, they shall execute those decisions, rulings or judgments.

3. The State Securities Commission shall accept written complaints and denunciations of organizations and individuals, which fall under its settling competence. When receiving complaints or denunciations falling beyond its settling competence, it shall promptly forward them to competent agencies, organizations or individuals for settlement and notify such in writing to complainants or denouncers.

4. The time limit for settlement of denunciations is sixty days after written denunciations are accepted. For complicated cases, that time limit may be extended but must not exceed ninety days after written denunciations are accepted.

5. The time limit for settlement of first-time complaints is thirty days and that for settlement of second-time complaints is forty five days after written complaints are accepted. For complicated cases, those time limits may be extended but must not exceed sixty days after written complaints are accepted.

6. Within thirty days after the expiration of the time limit for settlement of a first-time complaint specified in Clause 5 of this Article or after the receipt of the State Securities Commission Chairman's decision on settlement of first-time complaint, a complainant whose complaint is left unsettled or who disagrees with that decision on settlement of first-time complaint is entitled to lodge his/her complaint with the Finance Minister or initiate an administrative lawsuit at a court in accordance with law.

7. Within thirty days after the expiration of the time limit for settlement of a second-time complaint specified in Clause 5 of this Article or after the receipt of the Finance Minister's decision on complaint settlement, a complainant whose complaint is left unsettled or who disagrees with that decision on complaint settlement is entitled to initiate an administrative lawsuit at a court in accordance with law