Chương 3 Luật khiếu nại 2011: Giải quyết khiếu nại

Chapter 3

SETTLEMENT OF COMPLAINTS

Section 1. COMPLAINT-SETTLING COMPETENCE

Article 17. 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.

Article 18. Competence of chairpersons of district-level People's Committees

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

2. 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.

Article 19. 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.

Article 20. Competence of directors of provincial departments and equivalent levels

1. 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.

2. 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.

Article 21. Competence of chairpersons of provincial People's Committees

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

2. 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.

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

Article 22. 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.

Article 23. Competence of Ministers

1. 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.

2. 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.

3. 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.

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

Article 24. Competence of the Government Inspector General

1. To assist the Prime Minister 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.

2. 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.

Article 25. Competence of chief inspectors at all levels

1. 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.

2. 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.

Article 26. Competence of the Prime Minister

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

2. To settle proposals of the Government Inspector General specified in clause 2, Article 24 of this Law.

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

Section 2: ORDER AND PROCEDURES FOR SETTLING FIRST-TIME COMPLAINTS

Article 27. Acceptance of complaints for settlement

Within 10 days after receiving a complaint under his/her competence but not falling into any of the cases specified in Article 11 of this Law, a person competent to settle first-time complaints must accept such complaint for settlement; notify such in writing to the complainant, competent agency, organization or person that has forwarded such complaint, and the state inspectorate of the same level. In case of refusal to accept the complaint, he/she must clearly state the reason thereof.

Article 28. Time limit for settling first-time complaints

The time limit for settling a first-time complaint does not exceed 30 days after the complaint is accepted. For a complicated case, this time limit may be prolonged but must not exceed 45 days after the complaint is accepted.

In deep-lying or remote areas with difficult travel conditions, the time limit for settling a complaint is 45 days after the complaint is accepted. For a complicated case, this time limit may be prolonged but must not exceed 60 days after the complaint is accepted.

Article 29. Verification of complaint contents

1. Within the time limit specified in Article 28 of this Law, a person competent to settle a first-time complaint has following duties:

a/ Review his/her administrative decision or act or the administrative decision or act of the responsible person who is directly managed by him/her, and if the complaint is correct, he/she will promptly issue a complaint settlement decision;

b/ If having no ground to make conclusions on the complaint contents, he/she will conduct verification by himself/herself before making conclusions on complaint contents, or assign a slate inspectorate of the same level or a responsible agency, organization or person (hereinafter referred to as person responsible for verification) to verify the complaint contents and propose the complaint settlement.

2. The verification must be conducted in an objective, accurate and timely manner through the following forms:

a/ Direct examination and verification at the place arising complaint;

b/ Examination and verification based on documents and evidences provided by the complainant, the complained subject and related agencies, organizations and persons;

c/ Other forms as prescribed by law.

3. A person responsible for verification has the following rights and obligations:

a/ To request the complainant, the complained subject and related agencies, organizations and persons to provide information and documents on and evidences of the complaint contents;

b/ To request the complainant, the complained and related agencies, organizations and persons to explain in writing about contents relating to complaint;

c/ To summon the complainant, the complained subject and related agencies, organizations and persons;

d/ To request an expertise;

dd/ To carry out other examination and verification measures as prescribed by law;

e/ To report on verification results and take responsibility before law for these results.

4. A report on verification results includes the following contents:

a/ Verification subject(s);

b/ Verification time;

c/ Verifier;

d/ Verified contents;

dd/ Verification results;

e/ Conclusions and proposals on complaint settlement contents.

Article 30. Organization of dialogs

1. In the course of settlement of a first-time complaint, if the request of the complaint and results of verification of its contents are different, the complaint settler shall organize dialogs with the complainant, the complained subject, persons with related rights and obligations and relevant agencies, organizations and persons to clarify the contents of complaint, the complainant's request and the direction of complaint settlement. Dialogs must be carried out in a public and democratic manner.

2. The complaint settler shall notify in writing the complainant, the complained subject, persons with related rights and obligations and relevant agencies and organizations of the dialog time, place and contents.

3. During a dialog, the complaint settler must clearly state contents subject to the dialog and results of verification of the complaint contents; dialog participants have right to present their opinions and show evidences relating to the complaint and their requests.

4. A dialog must be made in a minutes. Such minutes must clearly record opinions of dialog participants and results, with the signatures or fingerprints of dialog participants. In case a dialog participant refuses to sign or fingerprint in the minutes, the reason therefore must be clearly recorded. This minutes shall be kept in the complaint case file.

5. Dialog results serve as a basis for complaint settlement.

Article 31. First-time complaint settlement decisions

1. First-time complaint settlers must issue complaint settlement decisions.

2. A first-time complaint settlement decision must include the following contents:

a/ Date of issuing decision;

b/ Names and addresses of the complainant and the complained subject;

c/ Complaint contents;

d/ Results of verification of complaint contents;

dd/ Dialog results (if any);

e/ Legal grounds for complaint settlement;

g/ Conclusions on complaint contents;

h/ Upholding, modification, supplementa­tion or cancellation of part or the whole of the complained administrative decision, terminating the complained administrative act; settlement of specific matters in the complaint;

i/ Payment of compensations for persons suffered damage (if any);

j/ The right to file a second-time complaint and the right to institute an administrative lawsuit at court.

3. In case many persons complain about the same content, a person competent to complaint settlement shall consider, make conclusions on complaint contents and based on such conclusions to issue a complaint settlement decision to each complainant or issue a complaint settlement decision enclosed with a list of complainants.

Article 32. Sending of first-time complaint settlement decisions

Within 03 working days after issuing a complaint settlement decision, the first-time complaint settler shall send such complaint settlement decision to the complainant, the his/her direct superior or competent person, persons with related rights and obligations, the agency, organization or person that has forwarded the complaint and the state inspectorate at the same level.

Article 33. Filing of second-time complaints or institution of administrative cases

1. Within 30 days after the expiration of the complaint settlement time limit specified in Article 28 of this Law, if a first-time complaint remains unsettled, or after receiving a first-time complaint settlement decision, if the complainant disagrees with this decision, he/ she may make another complaint with a person competent to settle second-time complaints; for deep-lying or remote areas with difficult travel conditions, this time limit may be prolonged but must not exceed 45 days.

For making second-lime complaints, the complainant must send a second-time complaint enclosed with the first-time complaint settlement decision and relevant documents to a person competent to settle second-lime complaints.

2. Upon the expiration of the complaint settlement time limit specified in Article 28 of this Law, if a first-time complaint remains unsettled or the complainant disagrees with the first-time complaint settlement decision, he/she has right to institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

Article 34. Complaint settlement dossiers

1. The settlement of complaints must be made into a dossier. A complaint settlement dossier includes:

a/ A written complaint or a record of complaining statements:

b/ Documents and evidences provided by parties;

c/ Written records of examination, verification, conclusions and results of expertise (if any);

d/ Minutes of dialogs (if any);

dd/ A complaint settlement decision;

e/ Other relevant documents.

2. A complaint settlement dossier must be numbered on pages according to the order of its documents and preserved in accordance with law. In case a complainant institutes an administrative case at court, such dossier must be transferred to the court with jurisdiction to settle the complaint at its request.

Article 35. Application of urgent measures

In the course of complaint settlement, if finding the execution of the complained administrative decision will cause irremediable consequences, the complaint settler must issue a decision to suspend the execution of such decision. The suspension duration must not exceed the remaining duration of the settlement time limit. The suspension decision must be sent to the complainant, the complained subject, persons with related rights and obligations and other persons responsible for the execution. When finding the reason for suspension no longer exists, the complaint settler must promptly cancel such suspension decision.

Section 3: ORDER AND PROCEDURES FOR SETTLING SECOND-TIME COMPLAINTS

Article 36. Acceptance of second-time complaints for settlement

1. Within 10 days after receiving a complaint under his/her competence but not falling into any of the cases specified in Article 11 of this Law, a person competent to settle second- time complaints must accept such complaint for settlement; and notify such in writing to the competent complainant, agency, organization or person that has forwarded such complaint, and the state inspectorate of the same level. In case of refusal to accept the complaint, he/she must clearly state the reason thereof

2. For a complicated case, when finding it is neccessary, a second-time complaint settler may set up an advisory council to give advice on the complaint settlement.

Article 37. Time limit for settling second-time complaints

The time limit for settling a second-time complaint does not exceed 45 days after the complaint is accepted. For a complicated case, this time limit may be prolonged but must not exceed 60 days after the complaint is accepted.

In deep-lying or remote areas with difficult travel conditions, the time limit for settling a complaint is 60 days after the complaint is accepted. For a complicated case, this time limit may be prolonged but must not exceed 70 days after the complaint is accepted.

Article 38. Verification of second-time complaint contents

Persons competent to settle second-time complaints shall base on the contents and nature of these complaints to conduct verification, make conclusions on complaint contents or assign persons responsible for verifying complaint contents and proposing the complaint settlement. The verification complies with clauses 2, 3 and 4, Article 29 of this Law.

Article 39. Organization of second-time dialogs

In the course of settlement of a second-time complaint, the complaint settler shall carry out dialogs with the complainant, the complained subject, persons with related rights and obligations and relevant agencies, organizations and persons to clarify complaint contents, the complainant's request and the direction of complaint settlement. Second-time dialogs shall comply with Article 30 of this Law.

Article 40. Second-time complaint settlement decisions

1. Second-time complaint settlers must issue complaint settlement decisions.

2. A second-time complaint settlement decision must have the following contents:

a/ Date of issuing decision;

b/ Names and addresses of the complainant and the complained subject;

c/ Complaint contents;

d/ Results of the first-time complaint settlement;

dd/ Results of verification of complaint contents;

e/ Dialog results (if any);

g/ Legal grounds for complaint settlement;

h/ Conclusion that complaint contents are wholly or partially correct or wholly wrong. In case complaint contents are wholly or partially correct, the complaint settler shall request the person whose administrative decision is complained to modify or cancel part or the whole of such decision or terminate the complained administrative act. In case complaint contents are concluded to be wholly wrong, the complaint settler shall request the complainant and persons with related rights and obligation to strictly execute the administrative decision or the administrative act;

i/ Payment of compensations for persons who suffered damages (if any);

k/ The right to institute an administrative case at court.

Article 41. Sending and publicizing complaint settlement decisions

1. Within 07 days after issuing a complaint settlement decision, the second-time complaint settler must send it to the complainant, the complained subject, the first-time complaint settler, persons with related rights and obligations, and the competent agency, organization or person that has forwarded the complaint.

2. The second-time complaint settler shall choose one or several forms of public notification as follows:

a/ Announcement at a meeting of the agency or organization where the complained subject works;

b/ Listing at the office or citizen reception place of the agency or organization that has settled the complaint;

c/ Notification in the mass media.

3. The Government shall detail the public notification of complaint settlement decisions.

Article 42. Institution of administrative cases

Upon the expiration of the complaint settlement time limit specified in Article 37 of this Law, if a complaint remains unsettled or a complainant disagrees with a second-time complaint settlement decision, he/she has right to institute an administrative case at court in accordance with the Law on Administrative Procedures.

Article 43. Second-time complaint settlement dossiers

The settlement of a second-time complaint must be made into a dossier as prescribed in Article 34 of this Law and enclosed with written opinions of the advisory council (if any).

Section 4: EXECUTION OF LEGALLY EFFECTIVE COMPLAINT SETTLEMENT DECISIONS

Article 44. Legally effective complaint settlement decisions

1. A first-time complaint settlement decision takes effect after 30 days from the date of issuance, provided the complainant does not make a second-time complaint; for deep-lying or remote areas with difficult travel conditions, this time limit may be prolonged but not exceed 45 days.

2. A second-time complaint settlement decision takes effect after 30 days from the date of issuance; for deep-lying or remote areas with difficult travel conditions, this time limit may be prolonged but not exceed 45 days.

3. In case a complainant disagrees with a complaint settlement decision, he/she may institute an administrative case at court in accordance with the Law on Administrative Procedures.

4. A legally effective complaint settlement decision is effective for immediate execution.

Article 45. Persons responsible for executing legally effective complaint settlement decisions

1. Complaint settlers;

2. Complainants;

3. The complained subject;

4. Persons with related rights and obligations.

5. Relevant agencies, organizations and persons.

Article 46. Execution of legally effective complaint settlement decisions

1. Complaint settlers shall, within the ambit of their tasks and powers, direct agencies, organizations and individuals under their management in organizing the execution of legally effective complaint settlement decisions. In case of necessity, they may request functional agencies to take measures to ensure the execution of legally effective complaint settlement decisions; organize the execution or assume the prime responsibility for, and coordinate with concerned organizations and agencies in, taking measures to restore the rights and lawful interests of complainants; propose other agencies or organizations to settle matters relating to the execution of complaint settlement decisions (if any).

2. When a complaint settlement decisions takes legal effect, the complainant and persons with related rights and obligations have the following duties:

a/ Collaborate with competent agencies, organizations and persons in restoring their rights and lawful interests infringed upon by an illegal administrative decision or act;

b/ Abide by the complained administrative decision or act which is recognized as lawful by an agency competent to complaint settlement;

c/ Abide by the handling decision of a competent agency for executing the legally effective complaint settlement decision.

3. Within the ambit of their tasks and powers, relevant agencies, organizations and persons shall abide by administrative decisions of competent agencies for executing legally effective complaint settlement decisions; and coordinate with competent agencies, organizations and persons in organizing the execution of legally effective complaint settlement decisions when requested.

4. The Government shall detail this Article.