Chương 4 Luật khiếu nại 2011: Khiếu nại, giải quyết khiếu nại quyết định kỉ luật cán bộ, công chức

Chapter 4

COMPLAINTS AND THEIR SETTLEMENT ABOUT DISCIPLINARY DECISIONS AGAINST CADRES OR CIVIL SERVANTS

Article 47. Complaints about disciplinary decisions

Complaint about a disciplinary decision means that a cadre or civil servant requests, according to the procedures specified in this Law, a competent agency, organization or person to review a disciplinary decision against him/her when having a ground to believe that such decision is unlawful or directly infringes upon his/her rights and lawful interests.

Article 48. Statute of limitations for complaints

The statute of limitations for a first-time complaint is 15 days after a cadre or civil servant receives a disciplinary decision against him/her.

The statute of limitations for a second-time complaint is 10 days after a cadre or civil servant receives a first-time complaint settlement decision; for a disciplinary decision of dismissal, the statute of limitations for a second-time complaint is 30 days after a cadre or civil servant receives a first-time complaint settlement decision.

In case a complainant fails to exercise the right to complain within the statute of limitations due to illness, natural disaster, enemy sabotage, working mission or study in a distant place or another objective obstacle, the period during which such obstacle exists is not counted into the statute of limitations for complaint.

Article 49. Form of complaint

Complaints must be made in writing. A written complaint must clearly state the date of complaint; full name and address of the complainant; complaint contents and reason, and requests of the complainant, included signature of the complainant. First-time complaints must be sent to persons who have issued disciplinary decisions. Second-time complaints shall be sent to agencies competent to settle second-time complaints.

Article 50. Time limits for complaint acceptance and settlement

The time limits for acceptance and settlement of first-time and second-time complaints are as follows:

Within 10 days after receiving a written complaint, a person competent to complaint settlement must accept it for settlement and notify such to the complainant.

The time limit for settlement of a complaint does not exceed 30 days after the date of acceptance. For complicated cases, this time limit may be prolonged but not exceed 45 days after the date of acceptance.

Article 51. Complaint-settling competence

1. Heads of agencies or organizations competent to manage cadres or civil servants according to decentralization are competent to settle first-time complaints about disciplinary decisions they have issued.

2. Heads of immediate superior agencies or organizations of agencies or organizations managing cadres or civil servants are competent to settle complaints which are further complained.

3. The Minister of Home Affairs is competent to settle complaints which have been settled for the first time by Ministers, heads of Ministerial-level agencies, heads of Government-attached agencies or chairpersons of provincial-level People's Committees but still be complained or remain unsettled upon the expiration of the settlement time limit of the first-time complaints.

Article 52. Verification of complaint contents

In the course of settlement of a complaint, a person competent to complaint settlement has the following duties:

1. Personally review the complained disciplinary decision against a cadre or civil servant and consider complaint contents, or assign a responsible person to do so. If finding complaint contents clear, request the cadre and civil servant disciplining council for consideration and proposal to a competent person for settlement.

2. In case complaint contents are unclear, personally verify and make conclusions on complaint contents or assign a responsible person to do so. Persons responsible for verification have the rights and obligations as prescribed in clause 3, Article 29 of this Law.

The verification of complaint contents must be recorded in writing and reported to the person competent to complaint settlement. After obtaining results of verification of complaint contents, he/she shall request the cadre and civil servant disciplining council for consideration and proposal to a competent person for the complaint settlement.

Article 53. Organization of dialogs

1. A person competent to complaint settlement must organize a dialog with the complainant, before issuing a complaint settlement decision.

Dialog participants include the person competent to complaint settlement who presides over the dialog, the complainant, the person responsible for verification and other relevant persons.

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

3. The dialog must be recorded in a minutes which clearly states opinions of participants and results of the dialog and have the signatures of participants. In case a dialog participant refuses to sign the minutes, the reason for refusal must be clearly recorded. This minutes shall be kept in the complaint settlement dossier.

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

Article 54. First-time complaint settlement decisions

1. First-time complaint settlers must issue written complaint settlement decisions. A 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 verification of complaint contents;

dd/ Results of the dialog;

e/ Legal ground(s) for complaint settlement;

g/ Conclusion that complaint contents are correct, partially correct or wholly wrong;

h/ Upholding, modification, supplemen­tation or cancellation of part or the whole of the complained disciplinary decision;

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

k/ The right to make a second-time complaint or the right to institute an administrative case at court against the disciplinary decision of dismissal.

2. First-time complaint settlement decisions must be sent to complainants and concerned agencies and organizations.

Article 55. Settlement of second-time complaints

A person competent to settle a second-time complaint has the following duties:

1. Request the person issuing the complained disciplinary decision against a cadre or civil servant to report on consideration of disciplining and settlement of the complaint of the disciplined person:

2. Personally verify and make conclusions on complaint contents or assign a person responsible for verification to do so. The verification of complaint contents must be recorded in writing and reported to the person competent to complaint settlement;

3. Assume the prime responsibility for organizing a dialog with the complainant. Dialog participants include:

a/ The complainant;

b/ The person responsible for verification of complaint contents;

c/ The complained subject.

4. Dialog contents comply with clause 2 and clause 3, Article 53 of this Law.

Article 56. Second-time complaint settlement decisions

1. A second-time complaint settlement decision must have the following content:

a/ Date of issuing decision;

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

c/ Complaint contents;

d/ Results of verification;

dd/ Results of the dialog;

e/ Legal ground(s) for complaint settlement;

g/ Conclusions on each specific matter in the complaint of the disciplined person and the settlement of the first-time complaint settler;

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

il The right to institute an administrative case at court against the disciplinary decision of dismissal.

2. A second-time complaint settlement decision must be sent to the complainant, first-time complaint settler and persons with related rights and obligations within 07 days after issuance day.

Second-time complaint settlement decisions of Ministers, heads of Ministerial-level agencies or Government-attached agencies, or chairpersons of provincial-level People's Committees must be sent to the Government Inspector General and the Minister of Home Affairs.

Article 57. Effect of complaint settlement decisions, institution of administrative cases

1. Legally effective decisions on settlement of complaints about disciplinary decisions against cadres or civil servants include:

a/ First-lime complaint settlement decisions, which become legally effective after 30 days from they are issued, provided complainants do not make second-time complaints;

b/ Second-time complaints settlement decisions, which become legally effective after 30 days from they are issued.

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

3. In case a civil servant holding the post of general department director or equivalent or a lower post is disciplined and forced for dismissal but disagrees with the decision on settlement of the complaint about the disciplinary decision of dismissal or his/her complaint remains unsettled though past the time limit for first-time or second-time complaint settlement as prescribed in Article 50 of this Law, he/she may institute an administrative case at court under the Law on Administrative Procedures.

Article 58. Execution of legally effective decisions on settlement of complaints about disciplinary decisions against cadres or civil servants

1. When a decision on settlement of a complaint about a disciplinary decision against a cadre or civil servant takes legal effect, the head of the agency, organization or unit where such cadre or civil servant works shall publicly notify such decision to all of its cadres and civil servants; apply measures according to his/her competence or coordinate with related agencies and organizations in executing such complaint settlement decision; and pay compensations in accordance with law.

2. The Government shall detail this Article.